The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1858-02-13

ihy one G0trr urfr registered.
GOV Walker did DID, 8huln iUy iu urFiug
oil qualified voters OF kaUFHH tn vote nI iHi1
VleciiDu
In his inaugural address au iEa 21lh "A
NAV, be- Informed them ihat
"ipdef cur rNo'ier 'hr preliminary 0cl Of
framing n State Constitution is uuinrW,
performed through the fundamentally Of q
convention ~ delegates chosen hy thr prnpl,
thsmsrlYrs. Ihgt convention BIS now about
W be elected VS. yOu under Che clll ni thr irI'
ritOnnl Legislature, created and sill rrcnRnlh
ed by lhr authority of l0uErt and clothed
by ID iu the comprehensive language OF Oh,
organic law, with iuI pDwr, ~ make such Hl
enactment The Territorial Legislature thcn
iu pmcmbliHg this Convention, were tully
sustained by the uct Of Congress nnl ur
suthOHty of ihe convention rs distinctly
recognized in Uiy Instructions from thr frrh-
dent of the United States"
The Governor also clearly aud distinctly
Informs them what would Doe the cpnsrlucn-
ces II they did not participate in the election
The people Of Kansas, then, Doe says,-
"Arr invited by the highest authority
known % the Constitution, 90 participate
freely aud fiiry iu lhr election Of delegates
10 frame a Constitution and state Govern
ment,"
The Law has pcffumsl rs function when
Il extends 10 the people The right OF suffrage
but cannot compel tho performance OF that
duty. Throughout the whole lnluu, how
ever, an wherever free government pre-
walls, those who abstain from the exercise
" the rigN Of suilrugcr Ouiliurisc those who
do vote o. act Tor them IN that contingency
aud abaentrcs are az much bound with the
Law and Constitution, whore there D. no fraud
or violation Of the oct ui tho majority Of those
who do vote, M II al had participated 10 the
election. Otherwise, Gs voting must he
voluntary, selCgoytrnmcni would be i'm.
practicable, and monarchy OF dcspousm would
remain as the only alternative,
IL may also be- observed, that al this period
any hope, II such had existed, that the
Topeka Constitution would ever be rccnguiz-
cd by Congress must have been abandoned.
Congress had adjourned on the Sd Of March
without having recognized the legal cNi'icVcp
Of the Territorial Legislature iu O variety of
forms which ! need not cnumrrutc, Indeed,
the delegate elected 20 the house Of ltyprc'
sentAriycs under Territorial law, had been
admitted "a a seat, and had just completed
his term Of service the day previous 10 nay
Inauguration. This was prup,tiuus moment
for settling all the difficulties Of Kansas, this
was the time for abandoning the revolution
AIRY Topeka organization and for the enemies
Of the existing Government 10 conform tO
the laws and unite with Us d'ud, In framing
State Constitution, Bat this they refuse
to do, and the consequence Of their refusal
To submit TO the lawful authority and vote
At the election for delegates may yet prove
20 be OF the most doporablc characger.--
Would that be respect for the laws Of the
land which 80 omiucntly distinguished the
men Of the last generation could they be re-
Viyed ? 1t is a disregard and violation Of the
Law which has for years kept the territory Of
Kansas in q state Of almost open rebellion H.
gainst its Government II is the same spirit
which has produced actual rebellion iu Utah.
Our only safety consists In obedience and con.
formity TO the laws, Should general spirit
against it, enforcement prevail, this will prove
fatal 10 us as nation. We acknowledge no
master but law, and should We cut loose from
it's restraints, and every one do whit seemed
good in his own eyes, our case would indeed
be hopeless.
The enemies of territorial government de
tcrmincd still 90 rclst the authority of Con-
Rress, they refused 20 vote for delegates 90
the convention, not because from circumstau-
ces which ! need not here detail thcrc.was
an omission 10 register the comparatively few
voters who wore inhabitants of certain counties
in Kansas in the early spring of 1881 but be-
cause they determine at all hazards TO adhere
TO their revolutionary organization aud dtlcnt
the establishment of any other Constitution
than that which they had framed az Topeka.
The election was therefore suffered 20 pass by
default but OF this result the qualified electors
who refused 10 vote can never complain.
From this review il is manifest that the lie
compton Convention, according 10 every prin-
ripie Of constitutional law was legally cousti-
tuted and invested with power to frame Com
stitution.
The sacrct principle Of popuiar severe guty
has been invoked IN fayur.of the enemies Of
law aud order in Kansas. But in what man
n.r is popular sovereignty TO be exercised in
this country If not through the mstrumcutal-
ity Of established law
In certain small republics Of ancient times
they assembled in primary meetings, passed
laws and directed public affairs. Ia cur coun-
try this is mnnfcsiy impossible populay
sovereignty can be exercised here only through
the ballot, and iE the people will refuse the cx-
ercise OF 1t IN this manner as they have done
in Kansas at The election of delegates, it is not
for them TO complain that their rights have
been violated. The Kansas Convention thus
lawfully constituted, proceeded to frame a Com
stitution, and having completed the work, f.
uHlly adjourned on the, ith Of NuYcmLrr last,
They did not think proper to submit TIE whole
OF this Constitution 10 the popular vote bu,
did submit the question whether Kansas
This was the question which had convulscd
the Union and shaken il to it's very centre.
This was the question which had lighted the
flames Of civil war in Kansas and produced
dangerous sectional parties throughout the
eonfederaoy. 1t was OF character so purl-
mount in respect to the cndition orKansns Ms
TO rivet the anxious attention of the people Of
the whole country upon it alone No person
thought OF any other question. For my own
part, when ] instructed Gov. Walker in gen
eral terms in favor Of submitting the Consti-
tuition TO the people had no object in view,
except the all absorbing question of slavery.
In what manner the people of Kansas Night
regulate their other concerns was not the Nub-
ject which attracted my attention. In fact
the general provisions of the recent State
Constitutions after an experience of eighty
years are so similar and excellent that il
would be difficult to 90 far wrong at the
present day in framing a now Constitution.