Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-02-03

airy constitution. Ihey WOuiu nave zone
this, not upon the consideration of the merits
OF the whole or part of the Lecompton con-
stitution, but simply because they have ever
resisted the authority OF the government, au-
thorized by Congress, from which it eman-
ated.
Such being the unfortunate condition of
affairs in the territory, what was the right as
well as the duty of law abiding people !?
Were they silently and patiently 10 submit to
the Topeka usurpation, or to adopt the neces-
sary measures to establish a constitution un-
der the organic law Of Congress That this
law recognised the right of the territory with
out the enabling act of Congress, to form a
State Constitution, is too clear Tor argument.
For Congress to leave the people of the terri
tory perfectly free in framing their Constitu-
ton, to form and regulate their Gomes-
tic institutions in their own way, sub
ject only to the Constitution of the United
States, and then to say thai they should
not be permitted to proceed and frame
a constitution in their own way, without ex-
press authority from Congress, appears to be
almost contradiction of terms. ltwould be
much more plausible to contend that Congress
had no power to pass such an enabling act,
than to argue that the people OF territory
might be kept out of the Union for an inde6-
liJ6 pSIIOut ulllll IL III plVdoS SOiSlSso W
permit them to exercise the right of self gov
eminent. This would be to adopt, not their
own way, but the way which Congress might
prescribe. 1t is impossible that any people
could have proceeded with more regularity in
the formation Of constitution, than the peo-
pie of Kanzas have done. 1t was necessary
to first ascertain whether it was the desire ST
the people to be relieved from territorial de-
tendance, and establish State government.
For this purpose, the territorial legislature in
1856, passed law for obtaining the sense of
the people of the territory, upon the expedl-
ency of calling convention TO form State
government at a general election held in Oc-
tober, 1856. The sense of the people was
accordingly taken, and they decided in favor
of constitution. 1t was at this election that
the enemies OF the territorial government did
not vote. because they were then engaged at
Topeka, without the slightest pretenee Of law
full authority, in framing constitution of
their own, for subverting the territorial gov
eminent.
In pursuance of this decision of the people
in favor of the Convention, the territorial leg
islature on the 9th of February, 1857, passed
an act for the election of delegates on the
third Monday of June, 1857, in favor of a
State constitution. This law is as fair in its
provisions as any that ever passed legisla-
tive body, for a similar purpose, The night
of suffrage defined every bona tide citizen of
the United States alone, at the age OF twenty
one, and who have resided therein three
months previous to that date, as entitled to a
vote.
In order to avoid all interference from the
neighboring States and territories, with the
freedom and fairness of the elections a pro-
vision was made tor the registry of the quail
fed voters, and, in pursuance thereof, 925l yo-
tiers were registered. Gov. Walker did his
whole duty in urging all qualified citizens of
Kanzas to vote at this election. In his inaug-
ural address, on the 9th of May, he inform
ed him that under our preliminary act for
framing a State constitution uniformly con"
formed to the fundamentally of the conven-
ton 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 an enact
ment.
The Territorial Legislature, then, in assem-
bling this convention, were fully sustained by
the act of Congress. And the authority of the
convention is distinctly recognized in my in
structions from the President.
The Governor also clearly ard distinctly
informed them what would be the conse-
quences if they did not participate in the cleo
ton. "The people of Kanzas Them he says,
"are invited by the highest authority known
to the constitution to participate freely and
fairly in the election OF delegates to frame
constitution aud State government. The law
has reformed its function when it extends to
the people the right of suffrage. But it can
not compel the performanc of that duty
Throughout the whole Union, however, and
wherever free government prevails, those who
abstain from the exercise of the right of suf-
frage, authorize those who do vote to act for
them in that contingency, and absentees are
as much bound by the law and constitution,
where there is no fraud or violation by the act
of the majarity of those who do vote, as if all
participated in the election. Otherwise,as vot-
ing must be voluntary, self government would
be impractcable and monarchy and despotism
would remain as the only alternative. 1t
may also be observed that at this time, any
hope, if such had existed, that the Topeka
Constitution would ever be recognized by
Congress, must have been abandoned. Con-
gress had adjourned or the Sd of March with
out having recognized the legal existence of
the Territorial Legislature in variety of
of forms, which need not enumerate.
Indeed, the delegate elected to the House
of Representatives, under a Territorial law,
had been admitted to a seat, and had just
completed his term of service. The day pre-
vious to my Inauguration, there was propo-
Sition made for settling all the difficulties of
Kanzas. This was the time for abandoning
tho revolutionary Topeka organization, and
for the enemies of the existing government to
conform to the laws and unite with its friends
in framing State Constitution but this they
refused to do, and the consequence of their
refusal to submit to the lawful authority, and
vote at the election for delegates, may prove
to be of the most deplorabe character. Would
that the respect for the laws of the land,
which so eminently distinguished the men of
the last generation, could be revived. 1t is a
disregard and violation of the law which has
for years kept the Territory of Kanzas in a
state of almost open rebellion against its Gov
eminent.
1t is the same spirit which has produced ac-
tual rebellion in Utah. Our only safety con-
sists in obedience and conformity with the
laws. Should a general spirit against its
enforcement prevail, this bill will prove fatal
to us as a nation. We acknowledge no mas
ter but law, and should we cut LOOSE from its
restraints, and every one do what seems good
in his own eyes, our cause would indeed be
hopeless. The enemies of territorial govern
ment, determined still to resist the authority
of Congress, refused to vote for delegates to
the convention, not because from circum-
stances which / need not detail, there was an
omission to register the few voters who were
inhabitants of certain counties in Kanzas in
the spring of 1857, but because they had de-
termined at all hasards, to adhere to their rev.
o1nt;nnary orgauizotion and dofoof tho aoto B.,