Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1858-02-12

measure TO establish Constitution under
the authority of the organic law of Con-
gresss That this law recognized the
RIGHT of the People Of the Territory,
without enabling act of Congress, to form
n State Constitution, is too clear for ar
gument. For Congress ito leave the
people of the Territory perfectly free
in framing their Constitution ITO form and
{" regulate their domestic institutions in
" their own way, subject only TO the Con-
s stitution of the United States" and
then to say that they shall not be per-
mitted to proceed and frame the Consti-
tuition in their own way without express
authority from Congress, appears to be
almost contradiction in terms. 1t would
be much more plausible to contend that
Congress had no power to pass such an
enabling act, than to argue that the Peo-
pie of Territory might be kept out of a
Union for an indefinite period, and until
it might please Congress to permit them
to exercise the right of sclf-government.
This would be to adopt, not their own
way, but the way which Congress might
prescribe. 1t is impossible that any peo-
pie could have proceeded with more reg
ularity in the formation of q Constitution
than The people Of Kansas have done.
1t was necessary, first, to ascertain wheth-
er it was the desire of the People to be
relieved from their Territorial depend
ence and establish State Government
For this purpose the Territorial Legisla-
ture, in 1855, passed law for taking the
sense of the People of the Territory up
on the expediency of calling a Conven-
ton to form a State Constitution at the
general election to be held in October,
1856. The 'sense of the People" was
accordingly taken, and they decided in
favor of Convention.
1t is true that at this election the enc
mics of the Territorial Government did
not vote, because they were then engaged
at Topeka, without the slightest pretext
of lawful authority, in framing a Consti-
tuition Of their own for subverting the
Territorial Government In pursuance
of this decision of the People in favor of
Convention, the Territorial Legislature,
on the 9th of February, 1857, passed an
act for the election of delegates on the
third Monday of June, 1857, to frame
State Constitution. The law is as fair in
its provisions as any that ever passed
legislative body for a similar purpose.
The right of suffrage at this election is
clearly and justly defined. Every bona
fide citizen of the United States above
the age of 21, and who had resided there
in for three months previous to that date,
was entitled to vote. In order to avoid
all interference from neighboring States
and Territories with the freedom and
fairness Of the election, a provision was
made for the registry of qualified voters,
and in pursua nee thereof, nine thousand
two hundred and fifty-one voters were
registered. Gov. Walker did his whole
duty in urging all qualified citizens of
Kansas to vote at this election. In his
Inaugural Address on the 29th of May
he informed them that under our prac-
:" tice the preliminary act of framing a
State Constitution is uniformly per-
formed through the instrumentality of a
Convention Of delegates chosen by the
" People themselves. That Conv ention
" is now about to be elected by you, un-
" der the call of the Territorial Legisla-
"ture 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
snake such an enactment. The Terri
torial Legislature, then, in assembling
"this Convention, were fully sustained
"by the act of Congress, and the author.
city of the Convention is distinctly re.
cognized in nay instructions from The
President Of the United States" The
Governor also clearly and distinctly
warns them what would be the conse.
quenees if they did not participate in the
election. The people of Kansas, then
ne says, care invited by the highest au.
thority known to the Constitution tc
participate freely and fairly in the cleo.
tion of delegates to frame Constitution
"and State Government, The law ha.
performed its entire appropriate func.
ton, when it extends to the PEOPLE the
fright of suffrage but it cannot compel
the performance of that duty. Through.
"out the whole Union, however, and
wherever free government prevails