Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1858-02-12

was the desire OF the people to be relieved
from their Territorial dependence. aud estab-
lsh State government. For this purpose
the Territorial Legislature. in 1856, passed
law for taking the sense Of the people of
this Territory upon the expediency of CALI
ing a convention 10 form State Constitu.
ton, at the general election to be held in
Octcber, 1856. The ':sense o: the people"
was accordingly taken, and they decided in
! favor of a convention.
1t is true that at this election the enemies
OF the Territorial government did not vote be-
cause they were then engaged at Topeka.
without the slightest pretext of lawful author
ity, in framing constitution of their own
for the purpose of subverting the Territorial
government. In pursuance of this decision
vi the people in favor of convention, the
Territorial Legislature, on the 9Th OF Feb
ruary, 1857, passed an act for the elecfioa
of delegates on the third Monday of June,
1857 to frame u State Constitution. This
law is as fair in its provisions as any that
ever passed legislative body for similar
purpose. The right Of suffrage at this cleo
tonis clearly und justly defined. Every bon
ide inhabitant of the territory Of Kansas
on the third Monday Of June, the day oil the
| election, who was citizen of the United
States, above the age of tweuty-oneS and
had resided therein for three inehths previ
| ous to that date, was entitled TO vote. tn
order to avoid all interference from Deigfr-
boring States or Territories with the freedoms
and fairness of the election, provision, was
made Tor the registry of the qualified votess
and in pursuance thereof nine thousand two
hundred and fiity-one voters were registered.
! Governor Walker did his whole duty in 1rg-
| ing all qualified citizens Of Kansas to vote at
this election. In his inaugural address, on
the 27th of My last, he informed them
that
! Under our practice the preliminary act OF
framing u constitution is uniformly performed
through the instrnmentulity of a convention
| oi delegates chosen by the people them
selves. That convention is about to be G.
ected by you under the call OF the Terrific
rial Legislature, created and still recognized
by the authority of Congress, and clothed by
ii, in the cumpre hensve language OF the or
gantic law, with full power 10 mike such
an enactment. The Territorial Legislaturc
then, in assembling this convention, were
! fully sustained by the act Of Congress, and
the authority of the Convention is distinct
| iy recognized in my instructions from the
President of the United States.
| The Governor also clearly and distinctly
warns :hem what would be the consequence
es il they should not participate in the elec--
! ton. The people Of Kansas, then, he 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 Government"--
The law mas performed its entire appropri-
ate function when it extends to the people
the right of suffrage, but it cannot compel
the performance OF that duty. Throughout
| the whole Union, however, aud wherever
| free government prevails, those who abstain
| from the exercise of the right Of suffrage au
thorlzc those who do vote to act for them in
that contingency aad the absentees are as
much bound unler the law aud constitution,
where there is no fraud or violence, by the
act OF the InuJority of those who do vote, as
! if all had participated in the election. 9th
erwise, voting must be voluntary, self
government must be impracticable, and mon
archy or despotisn would remain as the
| ly alternative.
1t may also be observed that at this period
any hope, il such had existed, thai the To.
| peka constitution would ever be recognized
by Congress, must have been abandoned.--
Congress had adjourned ON the Sd of March
previous, having recognized the legal exist
ence Of the Territorial Legislature in a va
riety of fo:ms, 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 COM
pleted his term of service on the day preyi-
Gus to my Inauguration.
This was the propitious moment for set
lling all difficulties in Kansas--this was the
time for abandoning the revolutionary Tope-
ka 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 consequences of their refusal
to subm. to lawful authority and vote at the
election of delegates may yet prove to be of
the most deplorable character. Would that
the respect for the laws OF the land which
SO eminenily distinguished the men OF the
past generation could be revived. Il is d
disregard and violation Of law which have for
years kept the Territory of Kansas in a stats
Of almost open rebellion against its govern
menl; il is the same spirit which has pro-
duced actual rebellion in Utah. Our only
safety consists in obedience and conformity
to law. Should a general spirit against its
enforcement prevail this will prove fatal To
us as nation. We acknowledge no master
but the law, aud should we cut loose from it's
restraints and every one do what seemth
good in his own eyes, our case wilindeed be
hopeless. The enemies OF the Territorial
government determined still TO resist the au-
thuriiy of Congress. They refused to vote
for delegates to the Convention, not because
from circumstances which need not detail
there omission to register the com
paraIively few voters who were inhabitants
OF certain counties in Kansas in the early
spring of 1857, but because they had pre-de-
te rmnrd at all hazards to adhere to their
revolutionary organization and defeat the es-
tablishment of any other Constitution than
that which they had framed at Topeka
The election was, therefore suffered to pass
by default; but of this result the qualified
electors who refused to vote can never jsst-
ly complain. From this review it is mani
lest that the l. compton Convention, accord
ing to every principle of constitutional law.
was legally constituted aud was invested with
power to frame Constitution.
The sacred principle of popular soveT-
eighty has been invoked in favor of the enc
! mics of law and order in Kansas, bot in
what manner is popular sovereignty TO be
exercised in this coantry if not through the
; instrumentality of established lawl In cer-
tain small republics in ancient times the
people did assemble in primary meetings.