Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-02-11

would have done this, not upon the considera-
ton of the merits of the whole or part of the
Lecompton Constitution, but simply because
they have ever resisted the authority of the gov
eminent authorized by Congress, from which it
emanated.
Such being the unfortunate condition of af-
fairs in the Territory, what was the right as
well as the duty of the law-abiding people
Were they silently and patiently to submit to
the Topeka usurpatien, or to adopt the necessa
ry measures to establish Constitution, under
the authority of the organic law of Congress
That this law recognized the right of the Ter
ritory without an enabling act Of Congress to
form State Constitution, is too clear for argu
ment. For Congress to leave the people of the
Territory perfectly free in framing their Consti-
tuition, to form and regulate their domestic in
stitutions in their own way, subject only to the
Constitution of the United States, and then to
say that they should not be permitted to pro-
coed and frame the Constitution in their own
way without express authority from Congress,
appears to be almost a contradiction OF terms.
1t would be much more plausible to contend
that Congress hadno power to pass such enab-
ling act, than to argue that the people of Ter
rtory might be kept out of the Union for an
indefinite period, and till it might please Con-
gress 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.
1t is impossible that any people could have
proceeded with more regularity in the formation
Of a Constitution than the people of Kansas
have done. 1t was necessary to first ascertain
whether it was the desire of the people to be
relieved from Territorial dependence, and estab-
lish State government. For this purpose, the
Territorial Legislature in 1855 passed a law for
taking the sense of the paople of the Territory
upon the expedience of calling Convention to
form State Constitution.
As the general election held in October, 1856,
tho sense of the people was accordingly taken,
aud they decided in favor of % Constitution. 1t
is true that at this election, the enemies of the
Territorial Government did not vote, because
they were then engaged at Topeka, without the
slightest pretext of lawful authority, in franz
Il Constitution of their own for subverting the
Territorial Government.
In pursuance of this decision of the people in
favor Of the Convention, the Territorial Legis-
ature, on the 9th of Febr uary, 1857, passed
an act for the election of Delegates on the third
Monday Of June, 1857, to frame q State Con-
sttution.
This law is as fair in it's provisions, as any
that ever passed Legislative body for similar
purpose. The Light of suffrage at this election
is clearly and Justly defined. Every bona fde
citizen of the United Statesabove the age of q ,
and who had resided therein for three months
previous to that date, was entitled to a vote.
In order to avoid all Interference from the neigh
boring States and territories with the freedom
and fairness of the election, Il provision was
made for the registry Of qualified voters, and
pursuant thereto nine thousand two hundred
and ffty-onc votes were gegist cred.
Governor Walker did his whole duty in urg-
ing all qualified citizens Of Kansas to vote at
this election. In has inaugural address, on the
9th of May, he informed them that &C under
our practice the preliminary act Of framing a
State constitution is uniformly performed
through the instrumentality Of Convention of
delegates, chosen by the people themselves.
That Convention is now about to be elected by
you, under the call of the Territorial Legisla-
turo, created and still recognized by the author
ity OF Congress, and clothed by it in the COM
prehensiye language Of the organic law with
full power to make such an enactment.
The Territorial legislature, then, in assembl-
ing this Convention, were fully sustained by the
act of Congress, and the authority of the Con-
vention is distinctly recognized in my instrue-
tons from the President of the United States
The Governor also clearly and distinctly in
forms them what would be the consequences il
they did not partici pate in the election. The
people of Kansas then, he says ~ are invited
by the highest authority known to the Consti-
tuition, to participate freely and fairly in the
election of Delegates to frame q Constitution
and State Government
The law has performed lis function when il
extends to the people the right.of suffrage, but
it cannot compel the performance of that duty
Tlrougout the whole Union, however, and
wher@orfree government prevails, those who
abstain from the exercise Of the right of suffrage
authorize those who do vote to act for them in
that contingency, and abseptees are as much
bound with the daw and Constitution, where
there is no fraud OF violation by the act Of the
majority of those who do vote, as if all had
participated in the election. Otherwise, as vot-
ing must be voluntary, sef-goyernment would
be impraacticable, and monarchy OF despotisnl
would remain as the only alternative.
1t may alse be observed that at this period
any hope, If such existed, that the Topeka Con
stitution would ever be recognized by Congress
must have beon abandoned Congress had adj
journcd on the third of March, without having
recognized the legal existence Of the TerrEoria
Legislature in variety OF forms which 4 nee(
not enunerate. Indeed the delegate elected t.
the House of Representatives under TerTitori
al law had been admitted to seat and haC
lust completed his term of service the day pre-
vious to my inauguration his was a EEopi
tieus moment for settling all the difficulties o
Kansas this the time for abandoning the rev
/ olntionarv Topeka Tganization and for the en-
cmies Of the existing government to conform tt
the laws and unite with its friends in framing
State Constitution. But this they refused to d.
and the consequence of their refusal to subani
to the lawful authority and vote at the election
for Delegates may yet prove to be of the mos
) deplorable character. Would that be respec
for the laws Of the land which so eminentl,
, distinguished the men of the last generation
could they be revived? 1t is a disregard anC
violation of law which has for years kept th'
Territory of Kansas In state of almost ogg
rebellion against its government. 1t is the saan'
spirit which has produced actual rebellion IA
} Utah. Our only safety consists in obedience
and conformity to the laws. Should a genera
spirit against its enforcement PREVAIL this wal
prove fatal to us as a nation. We acknowledge
no master but law, and should we cut leos
from its restraints, and every one do what seem
J ed good in his own eyes, QUA case would indeet
be hopeless.
The enemies of Territorial government, deter
mined still to resist the authority of Congress
{ they refuse to vote for the delegates to the Con
Q vention, not because, from circumstances whic'
= | need not detail, there was an omission to reg
S lister the comparatively few voters who were an
habitanis of certain counties in Kansas in tn
A early spring Of 1857, but because they had de
termined at all hazards to adhere to their revo'
j. utionary organization, and defeat the establish
Q ment Of any other constitution than that whic
e they had framed at Topeka. The election wa
e therefore suffered to pass by default, but of tn
result the qualified electors who refused to vot
S can never complain. From this review it
manifest that the Lecompton convention, accol