Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1858-02-10

consideration Of the merits of the whole or any part
of the Lecompton constitution, but simply because
thew have ever resisted the authority OF the gov
eminent authorized by Congress from which Il
etnanated. Il $ e r. ~ i :.
Such being ths unfortunate condition of affairs inE
the Territory what the right as well as the duty
Of the law abiding peoplee Were they silently
and patiently to submit to the Topeka usurpacn or
adopt the necessary measures to establish Consti-
tuition under the authority of the organic law o.
Congress? - =
That this law recognized the right Of the people
of the Territory, without any enabling act from Con
gress 10 form State Constitution, is too clear Tor
argument. For Congress- " to leave the people
Of the Territory perfectly Free" in framing their
Constitution &c to form and regulate their domestic
institutions in their own way, subject only to Inc
Constitution Of the United States" and then to say
that they should not be permitted to proceed ana
frame a Constitution in their own way without an
express authority from Congress- appears to be al
most a contradiction in terms. 1t would be 1nnch
more plausible to contend that Congress had no
power to pass such an enabling act, than to argue
that the people of Territory might be kept out OF
the Union for indefinite PERIOD and until it might
please Congress to permit them to exercise the right
of self government. This would be to adopt not
"their own way" but the way whIch congress
might prescribe.
It is impossible that any people could have pro-
ceeded with more regularity in the formation OF a
constitution than the people Of Kansas have DONE
It was necessary, frs to ascertain whether 1t was
the desire of the people to be relieved from their ter
ritoris dependence and establish State government
For this purpose the Territorial Legislature in 1865
passed law "for taking the of the people OF
this Territory upon the expediency of calling con-
vention to form State constitution a: 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 cleo,
ton the enemies of the territorial government did
not VOTE because they were then engaged at Topeka
without the slightest pretext of lawful authority, in
framing a constitution of their own for the purpose
of subverting the territorial government.
In pursuance of this decision of the people in Ia
vor of convention, the Territorial Legislature, on
the 9th day of February, 1857, passed an act for
the election of delegates on the third Monday OF
June, 1857, to frame State constitution. This law
is as fair in its provisions as any that passed
legislative body for similar purpose. The right OF
suffrage at this election is clearly and justly defined.
Every bona .fde inhabitant of the Territory OF
Kansas, on the third Monday of June, the day of
the election, who a citizen Of the United States,
above the age of twenty one, and had resided there
tied to vote In order to avoid all interference from
neighboring States or Territories with the freedom
and fairness of the election provision was made for
the registry of the qualified voters; and in pursu.
ance thereof, nine thousand two hundred and fifty
one voters were registered.
Governor Walker did his whole duty in urging all
the qualified citizens of Kansas to vote at this cleo
ton. In his inaugural address, on 9th May last,
he informed them that under practice the pre-
linnary act of framing a State constitution is uni
formly performed through the instrumentality OF q
convention of delegates chosen by the people them
selves That conveption is now about to be elected
by you under the call of the Territorial Legislature,
A. IS
gress and clothed by it, in the comprehensive Ian.
guage of the organic law, with full power to make
such an enactment. The Territorial Legislature,
them in assembling this convention, were fully sus-
ta''>d by the act of Congress, and the authority Of
the so the recognized in my nstruc
'O The Governor also clearly aha t ed States
!" ~~a no the consequences if they should
not participate in the election The people of Kan
sas, then, he says "are invited by the highest
thority known to the constitution to participate free
ly and fairly in the election of delegates to frame
constitution and State government. The law hal
performed its entire appropriate functions when il
extends to the people the right of suffrage but it
not compel the performance of that duty. Through
out whole Union, however, and wherever free
government prevails, those who abstain from thu
exercise of the right of suffrage authorize those wht
do vote to act for them in that contingency and the
absentees are much bound under the law and CON
stitution, where there is fraud violence by thu
act of the majority of those who do vote as if al
had participated in the election. Otherwise, as vot
ing must be voluntary, self government must be i'm
practicable, and monarchy or despotism would re-
main as the only alternative"
1t may also he observed that at this period any
hope, if such had existed, that the Topeka constu
ton would ever be recognized by Congress, mus
have been abandoned. Congress had adjourned OF
the I'd OF March previous, having recognized thu
legal existence of the Territorial Legislature in va
riety of forms, which need not enumerate In
deed the delegate elected to the House of Repres
tatives under territorial law had been admitted t.
his seat and had just completed his term of servic,
on the day previous to my Inauguration.
This was the propitious moment for settling al
difficulties in Kansas This was the time for abap
doning the revolutionary Topeka organization. ant
for the enemies of the existing government to con
form to the laws, and to unite with its friends ir
framing State constitution. But this they refused
to do, and the consequences of their refusal to sub
NIT to lawful authority and vote at the election
delegates may yet prove to be of most deplorabl,
character. Would that the respect for the laws O
the land which so eminently distinguished the mer
of the past generation could be revived 1t is dis
regard and violation of law which have for year.
kept the Territory of Kansas in a state OF almos
open rebellion against its government. 1t is tn,
same spirit which has produced actual rebellion il
Utah. Our only safety consists in obedience anC
conformity to law. Should general spirit agains
its enforcement prevail this will prove fatal to us al
a nation. We acknowledge master but the law
and should we cut loose from it's restraints, anG
every one do what seemeth good in his own eyes
our case will indeed be hopeless
The enemies of the territorial government deter
mined still to resist the authority of Congress They
refused to vote for delegates to the convention no
because, from circumstances which need not detail
there was an omission to register the comparatively
few voters who were inhabitants of certain counties
OF Kansas in the early spring of 1857 but because
they had predetermined at all hazards to adhere t,
their revolutionary organization and defeat the es
Enlistment of any other constitution than tina
which they had framed at Topeka. The election
MAS, therefore, suffered to pass by default; but
this result the qualified electors who refused to vot
can never justly complain.
! From this review it is manifest the Lecompto,
Convention, according to every principle of consti
| tutlonal law, was legally constituted and was in