The Washington union., 1858-02-03

II is impossible that any people could have proceeded
with regularity in the formation OF constitution
than the people Of Kansas have done 1t was necessary
first to ascertain whether the desire of the people
to be relieved from their territorial dependence and esab
lish State government For this purpose, the territorial
Legislature in 1885, passed law for taking the
Of the people OF this Territory upon the expedieney OF
calling convention To form State constitution at the
general election to be held in October 1856 The sense
of the people accordingly taken, and they decided
in favor of convention 1t is that this election
the enemies of the territorial government did not vote
because they then engaged at Topeka, without the
slightest pretext OF lawful authority, in framing cons
tuition OF their for the purpose Of subyertng the ter
In pursuance of this decision of the people in favor OF
convention the territorial legislature the 27th day
of February 1857 passed act for the election Of del
egates the third Monday of June 1857, to frame
State constitution This law is fair in its provisions
any that passed legislative body for similar
purpose The right of suffrage at this election is clearly
and Justly defined Every bona fde inhabitant of the
Territory OF Kansas the third Monday of June the
day of the election, who citizen OF the United
States above the age OF twenty and had resided
therein for three months previous to that date en
tied to vote. In order to avoid all interference nom
neghboring States Territories with the freedom and
fairness of the election provision made for the regis
try of the qualified voters and in pursuance thereof nine
thousand two hundred and ftyone voters register
ed Governor Walker did his whole duty in urging all
the qualified citizens Of Kansas to vote at this election.
In his inaugural address, the 9th May last he in
formed them that ''under our practice the preliminary
act of framing State constitution is uniformly perform
ed through the nstrumentality convention of dele
gates chosen by the people themselves That convcn-
ton is about to he elected by you under the call of
the territorial Legislature created and still recognised by
the authority OF Congress- and clothed by it. in the com
prehensve language of the organic law, with full power
to make such enactment The territorial Legislature,
then in assembling this convention were fully sustained
by the act of Congress- and the authority of the
ton is distinctly recognised in my instructions from the
President Of the United States y
The governor also clearly and distinctly warns them
what would be the consequences they should not par
ticipate in the election. Ihe people OF Kansas then,
(he says invited by the highest authority known to
the constitution to participate freely and fairly in the
election of delegates to frame constitution and State
government The law has performed its entire appro-
pirate function when it extends to the people the right of
suffrage, but 1t cannot compel the performance of that
duty. Throughout whole Union, however, and
wherever free government prevails those who abstain
from the exercise of the right of suffrage authorize those
who do vote to for them in that contingency and the
absentees are much bound under the law and consttu
tion where there fraud violence, by the act of
the majority of those who do VOTE all had pacpa
ted in the election Otherwise voting must be voun
tary, selfgovcnment would be mpracticable and mon
archy deSpotism would remain as the only altena-
tive"
1t may also be Observed that at this period any hope
if such had existed that the Topeka constitution would
be recognised by Congress- must have been aban
doned. Congress had adjourned the 81 March pre-
vous having recognised the legal existence of the terri
toal Legislature in variety of forms which need not
of Representatives under territorial law had been ad
mted to his seat and had just completed his term OF
service on the day previous to my Inauguration.
This the proptous moment for settling all diff
cutes in Kansas This the time for abandoning the
revolutionary Topeka organization, and for the enemies
of the existing government to conform to the laws and
to unite with its friends in framing State constitution
But this they refused to do and the consequences Of their
refusal submit lawful authority and at the cleo
ton of delegates yet prove to be of most dporabe
character Would that the respect for the laws OF the
land which eninently distinguished the men of the
past generation could be revived IL is disregard and
violation of law which have for years kept the Territory of
Kansas in state of almost open rebellion against its gov
ernment 1t Is the spirit which has produced ac-
tual rebellion In Utah Our only safety consists in obe
dence and conformity to law Should general spirit
against its enforcement prevail this will prove fatal to
a nation We acknowledge no master but the law;
and should cut loose from its restraints and every
do what seemeth good in his eyes, will
indeed be hopeless.
The enemies of the territorial government determined
still to resist the authority of Congress They refused to
vote for delegates to the convention not because from
circumstances which need not detail, there oms
sion to register the comparatively few voters who
inhabitants of certain counties of Kansas in the early
spring of 1857 but because they had predetermined ut
all hazards to adhere To their revolutionary organization
and defeat the establishment of any other constitution
than that which they had framed ut Topeka The cleo
ton was therefore, suffered to pass by default but of
this result the qualified electors who refused to vote
never justly complain.
From this review, it is manifest that the Lecompton
convention according to every principle of constitutional
law legally constituted and invested with power
to frame constitution
The sacred principle Of popular sovereignty has been
invoked in favor of the enemies of law and order in Kan
But in what manner IL popular sovereignty to be
exercised in this country if not through the instrumental
ity of established law In certain small republics Of
times the people did assemble in primary meetings
passed laws, and directed public affairs In country
this is manfestly impossible. Popular sovereignty
be exercised here only through the baotbox and if the
people will refuse to exercise it in this manner they
have done in Kansas at the election of delegates it not
for them to complain that their rights have been yio
lated
The Kansas convention thus lawfully constituted pro-
ceeded to frame constitution and having completed their
work. finally adjourned the 7th day of November last
They did not think proper to submit the whole of this
question whether Kansas should be free slave State
to the people This was the question which had con-
vused the Union and shaken it to its very centre This
was the question which had lighted up the flames of civil
in Kansas, and had produced dangerous sectional
parties throughout the contederacy 1t OF charac
ter so paramount i'm respect to the condition Of Kansas
rvet the anxious attention of the people OF the whole
country upon it, and it alone No person thought OF any
other question. For my part, when instructed
Governor Walker In general terms in favor OF submitting
the constitution to the people, had object in view
except the all-absorbing question of slavery In what
the people of Kansas might regulate their other
concerns, not subject which attracted any attention
In fact the general provisions Of recent State cons
tons after experience of eighty years so similar and
excellent that it would be difficult to go far wrong at
the present day in framing new s'itution.
then believed, and still believe that, under the or