Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-09

g the people, IL Is because they have refused
70 sanction or recognize any other constitution thar
that framed at Topeka.
. Had the whole Leeompton constitution been sub
mitted to the people the adherents Of this organi
zaton would have doubdess-have voted against it
because if successful they would thus have removed
an obstacle out Of the way Of their own revolution
airy constitution They would have done this no
upon consideration Of the merits of the whole Of
any part % the Lecompton constitution, but simply
because they have ever resisted the authority of thC
government authorized by Congress, from which il
emausted.
Such being the unfortunate condition Of affairs in
the Territory, what the right as wen as the duty
Of the laW-abiding people? We're they silently and
patiently TO submit to the Topeka usurpatOn, OF
adopt the necessary measures to establish c0nstitu-
ton under The authority Of the organic law Of Cor
gress?
That this law recognized the right Of the people
OF the Territory, without any enabling set from
Congress, to form State constitution, is TOO clear
for argument. For Congress $50 leave the people
Of the Territory perfectly Free in framing their
constitution, "tO form aud regulate their domestic
institutions in their way, subject only TO the
constitution of the United States, and then TO say
that they shall not be permitted to proceed and
frame a constitution in their own way without an
express authority from Congress, appears to be al
most contradiction in terms. IL would be much
more plausible to contend that Congress had no
power to pass such an enabling act than 10 argue
that the people Of Territory might be kept out of
the Union for indefinite period and until might
please Congress permit them TO exercise The right
Of sef-government. This would be to adopt not
| ''their own way" but the way which Congress
might prescribe.
II IS impossible that any people could have pro-
| eeeded with more regularity in the formation Of
| constitution than the people of Kansas have done
Il was necessary, first to ascertain whether il was
the desire Of the people TO be relieved from their
territorial dependence and establish a State govern
ment. For this purpose, the territorial legislature
IN 1885, passed law for taking the sense Of the
people OF this Territory upon the expedency Of
| calling convention 10 form State constitution
at the general election TO be held in October 1856
The sense Of the people was accordingly taken,
| and they decided in favor Of a convention. 1t is
true that at this election the enemies of the terri
torisl government did not vote, because they were
then engaged st Topeka without the slightest pre-
text Of lawful authority, in framing constitution
Of their own for the purpose Of subvertng the ter
/ ritOrial government.
In pursuance Of this decision of the people in fs-
vor Of convention, the territorial legislature on
the 9th day Of February 1857, passed an act for
the election Of delegates on the third Monday Of
June, 1857, to frame State constitution. This law
is as fair in its provisions any that ever passed
legislative body for similar purpose The right
Of suffrage at this election is clearly and Justly de-
fined. Every bona ids inhabitsnt of the Territory
Of Kansas" on the third Monday Of June, the day
States above the age Of twenty-One, and had resi-
ded therein for three months previous that date
was entitled TO vote. In order to avoid all interfe-
renee from nsighbOring States or Territories 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 hun
dred and ffty-one voters were registered Governor
Walker did his whole duty in urging sll the qualified
citizens Of Kansas to vote at this election. In his
inaugural address, on the 9Th May last he inform
ed them that under our practice the preliminary
set Of framing State constitution is uniformly per
formed through the instrumentality Of 9 convention
Of delegates chosen by the people themselves. 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 an enact
ment. The territorial legislature, them in assem-
bling this convention, were fully sustained by the act
OF Congress, and the authority Of the convention is
distinctly recognized in my instructions from the |
President Of the United States"
The governor also clearly and distinctly warns |
them what would be the consequ encesif they should
not participate IN the election 50 The people Of |
Kansas, then The says are invited by the highest
authority known to the constitution to participate
freely and fairly, in the election Of delegates to
frame a constitution and State governments. The
law has performed its entire and appropriate funo-
ton when it extends to the people the right Of suf
rage, but 1t cannot compel the performance of that
duty. Throughout our whole Union, however, and
wherever free government prevails, those who alb
slain from the exercise Of the right Of suffrage, au
thorize those who do vote 10 act for them in that
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, if all had participated in the cleo
ton. Otherwise, as voting must be voluntary self
government would be impTaCticable, and monarchy
Or despotsm would remain as the only alterna-
tive"
1t may also be observed, that at this period any
hope, if such had existed that the Topeka consti-
luton would ever be recognized by Congress, must
have been abandoned Congress had adjourned on !
he Sd Of March previous, having recognized the legal
existence Of the territorial legislature in variety
If forms which I need not enumerate. Indeed the /
delegate elected TO the House Of Representatives
luder territorial law, had been admitted 10 his
eat, and had just completed his term of service on
he day previous TO my Inauguration. I
This was the prOpitiOUs moment for settling all I
difficulties in Kansas. This the time for aban-
onlng the revolutionary Topeka organization, and
or the enemies OF the existing government TO con-
Orm TO the laws, and 70 unite with its friends in
raining State constitution. But this they refused
do, and the consequences of their refusal to sub
mt TO lawful authority and vote at the election of
delegates, may yet prove to be Of a deplorable :
haracter Would that the respect for the laws Of :
he land which so CmInently distinguished the men 7
f the past generation could be revived It is :
isregard and violation Of law which for years kept
he Territory Of X tusas in a state of almost open
ebeliOn against its government. 1t is the same :
prIt which has produced actual rebellion in Utah =
ur only safety consists in obedience and conformity
D law. Should general spirit against its enforce
tent prevail this will prove fatal 10 US as nation
'e acknowledge no master but the law; and should
e cut loose from its restraints, and every one do
hat seemeth good in his own eyes, our case will in Il
eed be hopeless. ti
The enemies Of the territorial government de- 81
srmIned still TO resist the authority of Congress
hey refused to vote for delegates the conven- e
on, not because, from circumstances which need lI
OF detail, there was omission to register the ID
DmParativey few voters who were inhabitants of II
,rLain counties Of Kansas in the early spring of e
$50, but because they had predetermined, at all p
lzards, 70 adhere TO their revolutionary Organiza
on, and defeat the establishment Of any other con-
tuition than that which they had framed at To- 81
ska. The election was, therefore, suffered to pass
default but Of this result the qualified electors II
no refused TO vote never justly complain. VI
From this review, II s manifest that the Leoomp- OF
convention, according to every principle of CON 81
tutonal law, was legally constituted and was in %
ssted with power TO frame constitution.
The sacred principle Of popular sovereignty has IT
zen invoked in favor Of the enemies of Law AMI ~
der in Kansas. But in what manner is popular 10
vereignty to be exercised in this country, if Oe
rough the instrumentality Of enthusiastically? In sa
rtsin small republics Of ancient times the people q
+ =
rected public affairs In our country this is man Oe
,sty impossible Popular sovereignty can be ex. 10
csed here only through the baot-boK; and if the 90
Ople viii refuse to exercise il in this manner as A
ey have done in Kansas 81 the election Of dele. VI
tes it is not for them complain that their rights co
we been violated. en-
The Kansas convention thus lawfully constituted TIC
oceeded 10 frame constitution and having COM oil
eted their work, finally adjourned on the TIN day an
November last They did not think proper to Ia
bmit the whole of this constitution TO a popular col
'c but they did submit the question whether Kan on
5 should be a free OF slave State 10 the people tie
lis was the question which had convulsed the
lion and shaken it 20 its very centre. This was Go
sstion which hsd lighted up the flames of civil fro
IT in Kansas, aud had produced dangerous sec net
nal parties throughout the coulederacy. Il was ne
character so paramount in respect 10 the con- exi
ion of Kansas as rvet the anxious attention the
the people Of the whole country upon it. and 1t 81
ne No person thought Of any other question we
r nv own part, when instructed Governor Wal bic
p in general terms, in favor Of submitting the to
stituton to the people, had no object in view kes
.ept the all-absOrbiug question Of slavery. In yer
at manner the people Of Kansas might requisite adr
fr ofbnr concerns. was not s subject which Al OcC