The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-02-10

e, bec.usc, n-sucesssful, they would thus have
removed. .the ohsi.clcs cut Of the way Il -thslE
own reyOiutlonafJ eonstitution;they would bate
lOne this. 1ot eion ,thc- oonsdsfation o. the
merits q tie whole q part of DIE al.eeomptSn
Coilstitutisn, but simply lecauss they have et-
er rcSiSitl the a,itiloffty Of he govoTnnlent an
tlogiIrJi BIZ Congress, ifbm which il enanated,
Sueh long tie unIarlunaio q condytioh ofaiIAiTst /
,inthe Territory, what was The right ~ weitas 4
the daty uf the law-abiding peoplep We're
they -ilantty and patiently 10 submit 10 the To-
pcka nslrpation. or 10 adopt the necessary !
lasssaFe u, establish q constitution under the
authority Of the organic law OF COngreSS!-
That this Law reeognizei tho right Of the people
Of the Territory, without an enabling act OF
Congress. To form a State Constitution, il too
clear ier argument. For Congress- TO "lcave the
people ol tho Territory perfectly free" in ffa-
ming their Constitution "to iorln and regulate
th5ir domestic Institutions in their own way,
subject only "a the Consultation Of fhe United
States" anil then TO say that they shall not be
permitted to proceed and frame their Consiiin-
lion in their own way, without express author
/ It's from Congress, appears iobe almost con
trsdction Of teflis
| Il wopId hemuch more plausible TO contend
that Congress had no power to pass Such an en-
ahling act, than TO argue that the people OF a
\ Territory might Ike Kept out Of the Union for
an Indefinite period, and until il might please
Congress 10 permit them 10 exercise tie right OF
self government. This would be to adopt, not
their own way, bat the way which Congress
might prescribe. II is impossible that any peo-
| pie could have proceeded with more regularity
in the formations o. Constitution tlan the pco-
! pie of Kansas have done. 1t was necessary
first: TO ascertain whether it WIS the dcsne OF
the people to be relieved from Territorial depen'
dcnce, and establish Stale government, For
this purpose Ferritorial Legislature in 1886
passed law for taking the sense OF the people
OF the Territory upon the Cxpelicncy OF calling
convention to form a State Constitution. AT
the general election to he held in October 1856
the ''sense of the people was accordingly Ia
ken, and they decided in favor ofa Constitution
! 1t is true that at this election the enemies Of
the territorial government did not vote, because
tthey were then engaged at Topeka, without
the slightest preiext Of lawful authority, in fra
Inning constitution of their own ioI suhyerting
1.-The Territorial Government In pursuance Of
Ethis decision of the people in favor Of the con
pention, the Territorial Legislature on the 9Th
of February, 1857, passed an act for the election
oi delegates on tue third Monday in June, 49,
,, 81, TO frame State Constitution. This law is
as fair in its provisions as any that ever passed
legislative lody for similar purpSse. The right
Of suffrage at this election is clearly and justly
defined Every bUln Il ts citizen Of the UlHed
States above the age of twenty-one, and who
had resided therein for three months previous
to that date, was eRtitled TO alv0te. in order to
ri avoid all interference from neighboring States
, and Territories with the freedom and fairness Of
the election n provision was made for ;he regis
: tr" Of qualified voters and pursuant thereof
.:ne, thousand two-hundred and tifty,o soters
were registered.
q Gou Walker did his whole duty in urging al
qualified citizens OF Kansas to vote at this elec.
ton. In his Inaugural Address, on the 9th OF
o Nav, he informtd them that 'under our prac-
n tice the preliminary act Of framing State Con-
q Stitution is unformly performed Though the
n iustrumentality Of Convention Of Delegates
: chosen by the people themselves. That Con
Ivention is now about to be elected by you, un-
der the call Of the Territorial Legislature. crea
vi ted aud still recognized by the authority ofCon.
G sreSS, and clothed by it, in the comprehensive
q language of the organic law. with full power to
make such anenactment. Tne Territorial Leg.
n islaure, then, in assembling this Convention
t we're fully sustained by the act OF Congress and
The authority Of the Convention is distinctly
: recognized in my instructions from the President
ii OF the United States" ~
- The Governor also clearly and distinctly in
= forms them what would be the consequences /
! they did not participate in the election. Tht
people OF Kansas, then, he says, are invited b,
e the highest authority known to the Constitution
r to participate freely and fairly in the election
ii delegates to franc Constitution and Stat
II. government The law has performed its entir
d appropriate function when it extends TO tn
r people the right of suffrage but it cannot com
f. pei the performance Of that duty. Throughou
> the whole Onion, however, and wherever fire
10 government prevails, those who abstain from til
il, exercise Of the right OF suffrage authorize thos
e. who DO vote to act for them in that contingency
b. and ahSentces are as much bound Under the Ia,
n and Constitution, where there is DO fraud or Vi
y, olcncc, by the act of the majority Of those VIII
to do vote, as rall had participated in the election
he Otherwise, as voting must be voluntary, sci
. government would lie impracticab e, and NOR
e, archy or despotiSm would remain as the onl
t. alternative" 1t may also be observed that ;
this period any hope, il such had existed. thi
NJ the Topeka Constitution would ever be recos
n med BY Congress- must have been abando' et
he Congress had adjourned on the third OF Marc
10 previous, having recognized the legal exstenc
IT. of the Territorial Legislature in a variety
at forms which | need not enumerate. lndee
o the Delegate elected to the House of RepreseI
nc tativeS, under Territorial law, had been admi
to ted TO scat, and had just completed his ter
is OF service the day previous to my inauguialo
n. This was the proptious moment for settling .
he the difficulties OF KansaS-tlIis the time for
ps handoning the revolutionary Topeka organiz
he ton and for the enemies OF the existing govern
Of ment to CONFORM to the laws and unite with j
friends in framing State Constitution. But til
he they refused to do, and the consequences Of the
he refusal to submit to the lawful authority al
a vote at the election for delegates may yet pro-
to be Of the most deplOrabe character. Won
al that the respect for the laws Of the land, whc
Ior so emnently distinguished the men Of the pa
nv generation, could be revived 1t is disregal
on and violation Of law which has for years kept Il
mi Territory of kansas in State Of almost opt
Ia rebellion against its governmental is the san
IS spirit which has produced. actual rebellion
on Utah. Our only safety consists in obedien
h. and conformity to the law. Should gene,
,as spirit against its enforcement prevail this w
he prove fatal 10 us as a nation.
e. We acknowledge no master but law, Al
in should we cut loose from It's restraints and eve
te, one do what seemelh good in his own eyes, o
i'd case would indeed be hopeless. The enemi
,d- of Territorial government determined st,ll
10 Idcny the authority OF Congress. They rell>'
nj to vote for tie delegates 10 the Convention n
m because from circumstances, which need n
ph detail, there was on omission TO register u
ed compArativcly few voters who were inhabitan
ne Of certain counties ID Kansas in the early spril
IN of 1857, but because they had determined at !
4 = 4 - ol,,tin