Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1858-02-12

OF the people or THIS Territory upon the
expodiency of calling convention to
form State constitution" at the general
election to be held in October, 1885,
The Sense of the people" was according
ly taken, and they decided in favor of
convention. 1t is true that at this cleo
ton the enemies of the Territorial gov
eminent did not vote, because they were
then engaged at Topeka, without the
slightest pretext of lawful authority, in
framing constitution of their own for
the purpose of subverting the Terrific
rial government. !.
In pursuance Of this decision of the
people in favor of convention, the Ter
ritorial Legislature, on the 9th day of
February, 1857, passed an act for the
election of delegates on the third Mon
day of June, 1857, to frame a State
constitution. This law is as fair in its
provisions as any that ever passed leg
islative body for a similar purpose. The
right of suffrage at this election is clearly
and justly defined. Every bona fde
inhab;tant of the Territory of Kansas"
on the third Monday of June, the day
of the election, who was a citizen of the
United States above the age of twenty
one, and had resided therein for three
months previous to that date, was enti-
tied to vote. In order to avoid all inter-
ference from neighboring States or Ter
ritories with the freedom and fairness of
the election, provision was made for the
registry of the qualified voters and, in
pursuance thereof, nine thousand two
hundred and fifty-one voters were regis
tered.
Gov. Walker did his whole duty in ur-
ging all the qualified citizens of Kansas
to vote at this election In his inaugu-
raj address, on the 9th of May last, he
informed them that, "under our practice
the preliminary act of framing a State
constitution is uniformly performed thro'
the instrumcntality of convention of
delegates, chosen by the people them
selves. That convention is now about to
be elected by you, under the call of the
Territorial Legislature, created and still
recognized by the authority of Congress,
and clothed by it, in the comprehensive
language of the organic law, with full
power to make such enactment. The
Territorial Legislature, then, IL assem-
bling this convention, were fully sus-
tanned by the act of Congress, and the
authority Of the convention is distinctly
recognized In my instructionsl from the
President ofsthe United States"
The Governor also clearly and dis
tinctly warns them what would be the
consequence if they should not partici-
pate in the election. 1.-THE people of
Kansas, then" says he, care invited by
the highest authority known to the Con-
stitution to participate, freely and fairly,
in the election of delegates to frame a
constitution and State government The
law has performed its entire appropriate
function when it extends to the people
the right of suffrage, hut it cannot COM
pei the performance of that duty
Throughout our 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 act for them in that contingent
cy; and the absentees are as much bound
under the law and constitution, where
there is no fraud or violence, by the act
Of the majority of those who do vote, as
if all had participated in the election
Otherwise, as voting must be voluntary,
self-government would be impracticable,
and monarchy or despotism would remain
as the only alternative"
1t may also be observed that at this
period any hope, if such had existed,
that the Topeka constitution would ever
be recognized by Congress must have
been abandoned. Congress had adjourned
on the 3D. March previous, having rec
ognized the legal existence of the Terri
torial Legislature in variety of forms
which need not enumerate. Indeed,
the delegate elected to the House of
Representatives under Territorial law,
had been admitted to his seat, and had
just completed his term of service on the
day previous to my Inauguration.
This was the propitious moment for
settling all difficulties in Kansas. This
was the time for abandoning the revolu-
tionary 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 con-
sequences of their refusal to submit to
lawful authority and vote at the election
of delegates, may yet prove to be Of
most deplorable character. Would that
the respect for the laws of the land which
so eminently distinguished the men of
the past generation could be revived -
Ii is disregard and violatian Of law
which have for years kept the Territory
of Kansas in a state of almost open re-
bellion against its government. 1t is the
same spirit which has produced actual
rebellion in Utah. Our only safety con-
sists in obedience and conformity to law.
Should general spirit against its en-
forcement prevail, this will prove fatal
to us as a nation. We acknowledge no
master but the law, and should we cut
loose from its restraints, and every one
do what seemeth good in his own eyes,
our case will indeed be hopeless.
The enemies Of the Territorial Gov
eminent determined still to resist the au-
thority Of Congress. They refused to
vote for delegates to the convention, not |
because, from circumstances which
need not detail, there was an omission to |
register the comparatively few voters
who were inhabitants Of certain counties