, 1858-04-02

AT the general election held in October
1856, the sense Of the people was accord
ingly taken, and they decided in favor of Il
constitution. II is true that at this clec
tion the enemies Of the territorial govern
ment did not vote, because they were thcu
engaged at Topeka, without the slightest
pretsxt of lawful authority in framing a
constitution Of their own for sabver,ing the
territorial governmPht.
! IN pursuance. .ef this decision Of the peo
tpIgtn favor Of the convention, the territa
rial legislature on the 27th February, 1851
passed an act for the election Of delegates
oRlhe third Monday of June, 1857, to
frame 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 election is
clearly and justly defined; every bona fde
citizen Of the United States above the age
of 81, and who had resided therein for three
months, previous to that date, was entitled
to vote In order to avoid all interfer-
ence from the neighboring states and terri
tories with the freedom and fairness of the
election, provision was made for the reg
istry Of qualified voters, and pursuant there
of nine thousand two hundred and fifty-one
votes were registered
Gov. Walker did his whole duty in urg-
ing all qualified citizens Of Kansas to vote
at this election In his inaugural address
on the 9th of May he informed them that,
under our practice the preliminary act oil
framing state constitution is uniformly
performed through the instrumeutaity of a
convention of delegates, chosen by the peo-
pie themselves.
That convention is now about to be elect
ed by you under the call of the territorial
Legislature, created and still recognised by
the authority of congress and clothed by
lit, in the comprehensive language of the
organic law, with full power to make such
an enactment.
Tho territorial legislature then, in assem-
bling this convention, were fully sustained
by the act of congress, ard the authority
of the convention is distinctly recognized
in my instructions from the President Of the
United States"
The governor also clearly and distinctly
informs them what would be the conse-
quences if they did not participate in the
election. The people of Kansas, then, he
says "aFe invited by the highest authority
knowpto the constitution 10 participait it
freely and fairly in the election Of delegates
to frame a constitution aud state govern
ment"
The law has performed its functions when
it extends TO the people the right Of suf-
frage, but it cannot compel the performance
of that duty. Throughout the whole
Union, however, and wherever free govern
ment prevails, those who abstain from the
exercise of the right 7of suffrage authorize
those who do vote to oct for them in that
contingency, and abskntees are as much
bound with the law and constitution, where
there is no fraud or violation by the act OF
the majority OF those who do vote, ns if all
had participated in the election. Other
wise, as voting must he voluntary, self gov.
srnment would be mpracticable, and mon-
archy or despotism would remain as the
only alternative.
1t may also be observed, that at this pc
riod, any hope, if such had existed, that
the Topeka constitution would ever be rec
ognized by congress, must have been aban-
doned. Congress had adjourned on the Sd
of March without having recognized the
legal existence Of the territorial legislature
in a variety of forms which / need not
enumerats Indeed, the delegate elected
to the house of representatives under ter
ritorial law, had been admitted to q seat,
and had Just completed his term Of service
the day previous to my Inauguration. This
was propitious moment for settling all
difficulties Of Kansas; this the time for
abandoning the revolutionary Topeka Or
ganization, and for the enemies Of the ex-
isting government to conform to the laws
and unite with its friends in framing state
constitution.
But they refused so to do, and the conse-
qnence of their refusal to submit to the
lawful authority, and vote at the election
for delegates, may yet prove to be of the
most deplorable character. Would that
be respect for the laws of the land which
so emineutly distinguished the men Of the
last generation, could they be revived! 1t
is disregard and violation Of law which
has for years kept the territory Of Kansas
in state of almost open rebellion against
its government; it is the same spirit which
has produced actual rebellion in Utah.
Our only safety consists in obedience aud
conformity to the laws. Should general
spirit against its enforcement prevail, this
will prove fatal to US as nation. We ac-
knowledge no master but law, and should
we cut loose from its restraints, and every
one do what seems good in his own eyes,
our case would indeed be hopeless
The enemies of territorial government
determined still to resist the authority Of
congress; they refused to vote for the dele
gates to the convention, not because from
circumstances which Ineed not detail, there
was an omission to register the compara-
| lively few voters who were inhabitants Of
certain counties in Kansas in the early
spring Of 1857, but because they had de-
termined at all hazards to adhere TO their
revolutionary organization and defeat the
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