Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1858-02-11

!, favor of Convention, the Territorial Leg
.nrp on the 9th of February, 1851, passed
w act for the election of delegates on the
'bird Monday of June, 1857, to frame State
TnnStitutiou. This law is fair in its provisions
" ony that ever passed a Legislature for a
a;riIar purpose. The right of suffrage at this
election is clearly and justly defined-"every
Sora f4einhabitant of Kansas" on the third
,tondav of June, the day of the election, who
mas citizen of the United States, above the
orn Of twenty-one, and had resided therein for
.Sree months previous to that date, was ent-
tIo5 TO vote In order to avoid all inserfer-
once from neighboring States or Territories
nth tbe freedom and fairness Of the election,
. nroyision was made for the registry of quail
fed votes, and pursuant thereof, nine thousand
sfty-two voters were registed Governor
Walker did his whole duty in urging all the
oraIfed citizens of Kansas to vote at this elec-
ton.
al them that under our practice the preliminary act of
Using State Constitution is uniformly performed thro
G instTumentality of Convention of Delegates chosen
M tbe penple themselves that the Convention is now
Tt 10 be elected by you under call of the Territorial
IegtQre created and still recognized, by the authOri
M Congress and clothed by it, in the comprehensive
ir,uage of the organic law with full power to make
r,b an enactment. The Territorial Legislature, then
n a.sembng this Convention, fully sustained by
| Act Congress and the authority of the Convention
. distinctly recognized in my instructions from the Pres
nt OF the United States.' The Governor also clearly
oI distinctly them what would be the con sequen-
e they did not participate in the election The peo
Me Of Kansas then he says, are invited by the highest
bctv known to the Constitution to partcipate free
r1ni fairly in the election of delegates to frame Con-
;taon and State Government. The law has performed
q entire and appropriate function when extends to
e people the right of suffrage, hut it cannot compel the
--0rmince OF that duty Throughout the whole Union
gever and wherever free government prevails those
ghi abstain from the exercise Of the right of suffrage
horze those who do vote to act for them in that
r7ganrv and abSenteeS are much bound By the law
and the Constitution, where there is fraud or VIOLENCE
v the act of the majority of those who do vote if all
alpIr;:iplted in the election. Otherwise, voting
must be voluntary, self government would be mpracti-
,ie and monarchy and desp0tSm would remain as the
gr alternative 1t may also be observed that at this
,erod any hope if such had existed that the Topeka
Constitution would be recognized by Congress must
lave abandoned. Congress had adjourned on the
!l March previous having recognized the legal cx-
encc of the Territorial Legislature in variety Of forms
which need not enumerate Indeed the delegate eec-
.i the House OF Representatives under Territorial
law had been admitted to his seat and had just ompeted
his of service the day previous to my inauguration
a. was roEitious moment for settling ali the difficult
IN Kansas This was the time for abandoning the Revo
ltouary Topeka organization and for the enemies OF
he existing government to conform to the laws and unite
with il friends in framing State Constitution. Bat
asa Ia submit tn lawful authority and vote at the cleo
delegates, may yet prove to be of the most depor
r character. Would that the respect for the laws Of
he and, which so eIninently distinguished the of
tr past generation. could be revived 1t is disregard
i violation of the laws which have for years kept the
.Uory of Kansas in state of almost open rebellion
.IiH>t the Government it Is the spirit which has
Acel actual rebellion in Utah. Our only safety
t in obedience and conformity to the law. Should
Gerl spirit against its enforcement prevail, this will
,yc fatal TO us rs a nation We acknowledge no mas
M - III \ from
til'> and every one do what seemeth good in their
,ga eyes. eur case is indeed hopeless
Tue enemies of the Territorial Government are deter
n fed still TO resist the authority of Congress. They
sed to vote for delegates to the ConventionnOt be-
from circumstances which need not detail, there
an omission TO register comparatively few voters
ho were inhabitants OF certain counties in Kansas in
tary spring OF ls57,-but because they had prede-
ned at all hazards to adhere to their revolutionary
anzaton and defeat the establishment OF any other
a'dtuton than that which they had framed At Topeka.
eeectoa therefore suffered to pass in default
Bat Of this result the qualified electors, who refused to
tc. can never justls complain.
From this review, il il manifest that the IecOmptOn
Convent H. according TO every principle of Con-trtiou-
g. !g, was legally constituted, and invested with the
1ger to frame Constitution.
The sacred principle Of popular sovereignty has been
lyoked in favor Of the enemies of law and order in Kan
But IN what manner is popular sovereignty t. be
exercised III thu country il not through the instrunen-
hty Of established laws. in certain small republics of
ancient times, people did assemble in primary meetings,
a>"d law, and dlrrC ted public affairs In country
iii, n.aaj;e,tly impossible Popular sovereignty can
a exercised here only through the baiiotbox, and if
PIE VIII refuse 20 exercise it, in this manner, they
done in Kansas at the election of delegates, it is
them to complain that their rights have been yo-
# !e Kansas Convention thus lawfully constituted
Frceled to frame Constitution, and having cnmpet-
the work, finally adjourned on the Seventh of Novcm
r. >t They did not thiak proper to submit the whole
thS Constitution to the popular vote, but did submit
lnrs'ion whether Kansas should be Free or Slave
N!e u the people. This was the question which had
lci TIE flames Of civil in Kansas, and produced
>.ol- 'tiont parties throughout the C"niederacy.
was d character so paramount in respect to the
a n il i-t>, IL to rvet the anxious attention OF the
', oi tie whole country npon it alone. No person
'sht "i any "thCr question. For my own part. when
'tHeei iroV. " Nalker III general terms i'll favor Of
AtHS the Constitution To the people, had no 0b.
E N view except the a-ab>nrbing question of slavery
what manner the people might regulate their
.iF Wa not the SUI ject which attracted my atten-
H. IN iaet, the general provisions Of the recent State
ltrt"ns, after experience Of eighty years are
~ .r and excellent that it would be dicEt go far
s .. the present day, in framing new Costitu-
then believed and still believe that under tie organ
M lhH hl-l- Convention wore bound To submit this
important question Of slavery to the people. Ii was
M " h"cVtr, my opinion, that. Independently OF this
W Aey would have been bound t. submit any portoa Of
W A'tNtipn to the popular vote. in order to give it
my H@d entertained such an opinion, this world
S"eh IN opposition t" many precedents in hi>to
n'neIcing in the very best age of the Republic. 1t
& 10 nave been IN opposition tn the principle which
.le1 o"r institutions. and l. every day carried into
Ace that the people have the right To delegate to
rentatIVcS chosen by themselves. their sovereign
yer to frame Constitutions. enact laws and perform
a,her important acts, without requiring that these
40 be subjected t. their subsequent approb ltion. 1t
. De a most lncOnveHient limitation Of their own
II sr imposed by the people upon themselves 10 cx-
e 'lem from exercising their sovereignty in any law.
anr- they may think proper. II is true. the peo-
~ AtnSaN might, ii they had pleased required the
'eht!on Il submit the Constitution 10 the popuIar
@& bit this they have not done. The only remedy
,'r. III TN, case. Is that which exist, in all other
~ cases " the delegates who framed the Kansas
',ulth' nave IN any manner violated the will OF
'A'ttgentS, the people always possess the power
.'lse Their Constitution or laws according to their
" question OF slavery was submitted to the election
people OF Kansas on the 2lSt of December last in
.F4Ce % the mandate of the Constitution. Here
| h'if "pQnrttIity was presented To the adherents
r.kl Constitution if they were in the mljority.
;ls 'ai' exciting question in their own way