Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1858-02-12

ity and produce universal anarchy.
Prom this statement Of facts, the reason
becomes palpahlc, the enemies OF the Gov
eminent authorized by Congress. have re-
fused q vote for the delegates 70 the Kansas
Constitutional Convention. and also alter.
wards. on the question Of slavery submitted
10 il nv the people. IL is because they have
ever rcrus-f a. sanction or Recognize any
sther Constitution than that formed AZ To-
neka Had the whole Lccompion Coustl'
tuition been submitted 90 the people. the adj
hcrrnts Of this organization would doubtless
have voted agsinstit. hccausa, u successful,
they would then have removed the obstacles
out Of the way of their own revolutionary
Constitution They would have done this,
not upon che consideration Of the merits OF
the whole OF part OF the Lecomp,on COns'i-
tuition. hut simply hccAusc they have ever
resisted the authority ~ the Government
authorized by Congress, from which IL ema-
mated.
Such being the uafJrtunate condition Of
Affairs In the Territory, what was the righ,
ne well rs the duty of the law.abiling pco-
plep Were they silently and patiently TO
submit 20 the Topeka usurration, or 20
adogt the necessary measures to establish
Constitution under the authority Of the or
c,nic law OF Congress-
That this law recognized the right Of the
Territory without an enabling act Of Com
rrrss 10 form u State Constitution, u too
clear fur argument. For Congress to leave
the people OF the Territory perfectly free IN
framing their Constitution. 10 form and
regulate their domestic Institutions m their
own way. suhject only 70 the Constitution
Of the United states. and then % say that
they shoald not b. permitted 60 proceed and
frame the Constitution m their own way
without express authority from Congress.
arp-ars n ~ almost contradiction OF
terms |, would d, much more plausible
o. cintsud that Congress bad no power o.
ra~s such an enabling act. than % argue
that the people 1T a Territory might hc kept
out OF the Union for an indefinite period,
and ill il might please Congress % permit I
them O. exercise tie right Of scli.glvcrument I
The would b. O. adopt not their own way,
bat the way which Congress might prescribe. /.
IL i impossible that any people could
have proceeded with more regularity In the
formation % a Constitution than the people /
II Kansas have done IL wls necessary 30 I
INHh ascertain NNfA0|NN 10 w. A.NF NaNNAAN wv /.
tho people % D. relieved ir'm Territorial I.
dsp.ndrar', and establish state GNy rn- /,
mcni For t'ispurplss the Territorial leg /
stature m 1850 passed a law or taking the +,
s.us, 81 the people ol the Territory upon tie .
cxIvlt,ucy % calling a Convention % form /
a STATE Constitution.
1t the general election lcll in October,
lsi5. the srn-. of the people Was according
IN taken. and thcy daciici IN favor 10 =
Constitution. II - true that az III. slec .
ti,p the ,urmie. ul the Territorial Govern .
melt 90 not vote. because they were then .
engaged 40 TuTeka, without the slightest .
rrtirHt Ut lawful authority. In framing a
Consultation I'D their own flr subycrtinc the
Territorial Government. In pursuance Of
this decision Of the people ia favor Ut the .
Curveniirn. the Tcrr,toritl legislature, on .
The 21th OF February, 1887. Vas-,d un net .
icr the election % delegates Ou thc third .
Monday of June, l>js, to frame a state .
Constitution.
thus law j. fair in 10 provisions a. any
that cyJr r4s,,d a legislative hrty, Tor u
similar purpose. The right UG suffrage at .
this election j. clearly and justly defined,
every iona ff. citirru of the United states .
above the az, - -. and who had resided .
therein Tor thry5 months previous to the .
date. was entitled % vote. In order 10
avoid an interference from the ueishhorlng
State, aud Territories with The freedom and
fairness 90 The election, Vruyisn was made .
Cor thr registry Of qualified voters, and pnr- .
suant thereof nine thousand tWo hundred .
and fiy-,wo voters were registered.
Governor Walker DID his whole duty in .
ursr. ull qualified citi1-n. Of Kansas - .
vote 40 ,hi, election. In hi, inaugural adj
dres, 90 the 91th % May, De informed them
that, e. under our practice, the preliminary
act ui framing state Consultation j. ami.
frmly i'ru,ct through the fundamentally
OF clnyootion ol delegates. chosen by the .
people themsriVrs. That Convention j. now
about t. by elected hy YOU under the call ot
tn Territorial Legislator. GRATED and siill
rrcosniird by the authority ul Congress. aud
clothed by iI In the comprehensive language
Of ths organic law, with foil power 10 make
such au enactment. The Territorial lSsi,.
laturs. then. IN assembling tins Conyyution.
are fIlly sustained by the act of Congress.
and the authority ot the Convention Is dis.
;inctly recucu.f'i IN nv Instructions iron
the President Il The United States"
The Governor also clearly aud distinctly
informs them what would d. the con.e-
quenccs II they did not participate in the
election. TIE people Of Kansas en-, he
says, "are invited by the highest authority
known O. the Constitution 90 participate
lr-,ly aui fairly 10 toe election ii delegates
o. frame a Constitution aud State Govern
lueui
The law has performed H. functions when
i, extends 90 the people the right 81 suffrage.
hut % cannot compel the performance Of
t',yt duty. rlruusbuJt the whole Union,
d ,Nr,rr. and wherever ire government pre-
walls. t.u,. w.p abstain from the exercise II
thr night ol suffrage authorize those who ID
vote O, at tor them m that contingency.
and ahscntccs are a. much bound with the
law and Constitution, where there j. no
fraud or violation, by the act az the ma1rity
81 those who 30 vote. a. IL all had plrtici-
Tated In the election. Otherwise. as yotin:
must b. voluntary, scli.govcrnmrnt would
be impncucahlc, ana monarchy or dcspot.
ism would remain ~ the only alternative.
IL may also De observed, that AZ this re-
rioi any hope. Il such had existed. that the
Topeka Constitution would ever be- rcco.-
Md by Congress, must have been aban-
doned. Congress bad adjourned on the
third Ut March. without hayin. recognized
the legal existence Of the Territorial legis.
lAturc. in a variety Of forms which need
not enumcrlts lulc,d, the delegate elect.
"a % the House Of Representatives under a
Territorial law had been admitted 10 sJat,
aad bad just completed his term Of service .
the day PREVIOUS O. my Inauguration. This .
was IropIiious moment Tor settling all the .
difficulties Of kansas- this the time for
uNasVN...a.. - a.