Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-03-12

KANSAS AND THE LECOMPTON CONsTITUTION-lt Is
argued by the opponents Of the admission of Kansas as
a State, under the LecompOn constitution, that this
constitution is not in accordance with the wishes of
majority of the people of the territory Now, grant
that it is not for the sake of the argument and what is
the result? Suppose that, in accordance with the con-
stitution of North Carolina, land the law organizing
the territory of ansas bears the relation to the people
of that territory until State constitution is formed0
convention were called to form constitution, and no
restrictions placed upon this convention as to how
it should submit this constitution formed by It,
or whether it should submit it at ALL and this conyen
ton were legally called under the organic law, and its
members chosen in accordance with the provisions OF
that law and the results Of the abor of that convention
were submitted under the latitude given it by its
election we respectfully ask whose business would 1t be
outside of North Carolina? fit were in the power oil
every legal voter to vote for the legislature that called
that conventionf it in the power OF every legal
voter to vote for the members of that convcnton-what
power would those who did not vote have to call in ques
ton or to sgmatze illegal the actions of those who
did exercise the right opened to all? There are some
eleven hundred legal voters in the town of Wilmington
Suppose an election held for any purpose, within the
powers granted to the town under its act or acts OF IN
corporation and less than majority, or less than the
whole number of voters should choose to exercise the
elective franchise would that nvadate the election 2?
If it did, the present Commissioners of town would have
no legal authority, for they received much less than e
gal majority Of all who might have exercised the cleo
tive franchise fit did, the town would not be IN any
waybound for subscription which it has made to any
public work. OR for any purpose whatsoever where the
question of subscription has been submitted to the pop
ular vote
But who dreams for moment that it is SO! The
maxim of the law is, that shall take advantage
of his own wrong. persons in Kansas, or elsewhere
could invadate an election by their neglect to go
to the polls then we would be without Governors in
half Of the States and without President Of the United
States for Mr. Buchanan did not receive majority of
all the votes that c0uH have been poled in sulciency
of the States to have elected him. The whole machn-
cry of government would L2 stopped if we took the
expression of opinion, not the actual votes pocd, but
the actual number that we think might have been
pOed had the voters who did not to the polls not
been rccrcant to their duty, and openly rebelous
against the law under which our expression Of popular
opinion is asked.
Who doubts that the present Commissioners Of the
town of Wilmington have been legally chosen? Who
will contest the legality Of their acts because they did not
receive five hundred and scvcntyvc votes, majority of
all the votes which possibly could have been poed?-
The argument brought against the action OF the lie
compton convention is just about as wcl-founded as
would be an argument against the validity of the acts of
the Commissioners of the town Of Wilmington within
the limits of their chartered powers.