Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1858-02-17


boring States or Territories with the freedom
and fairness of the election, a provision was
made for the registry of gu allied voters, and
pursuant thereof, nine thousand and fifty-two
voters were registered. Governor Walker
did his whole duty liz urging all the qualified
citizens OF Kansas to vote at this election
In his inaugural address on the 9th of
May. he informed them that under our prac-
tice the preliminary act Of passing State
Constitution is uniformly performed throu Oh
the instrumeutality of q Convention of Dele
gssss, chosen by the people themselves that
toe convention is now about to De elected by
you under call Of the Territorial Legislature
created and still recognized, by the authority
of Congress, and clothed by it, IN the com
prehensive language of the organic law, with
1 full power to make such an enactment The
Territorial Legislature, then; in assembling
| this Convention, were fully sustained by the
Act of Congress ana the authority OF the Con-
vention is distinctly recognized in my in
/ structlons from the President of the United
States.' The Governor also clearly aud DIS
! tlnctly warns them what would be tie consc-
! quence if they did not participate i'll the cleo
ton. The people of Kansas, thcn," he
| says, ''are invited by the highest authority
Known to the Constitution to participate free
|
! frame Constitution aid State Government
The law has performed Its entire and appro-
| pirate function when it extends to the people
the right of suffrage, but it cannot compel the
performance of that duty. Throughout the
whole Union, however, and wherever free
! government prevails, those who abstain from
| the exercise of the right of suffrage, author
| ize those who do vote, to act for them in that
/ contingency. and a abscutees a.e as much bound
/ by the law and the Constitution where there
| is no fraud or violence, by the act of the ma
! JorIty of those who do vote, as If all had par
ticipated in the election. Otherwise. as yo-
tlng must be voluntary. self-governmcnt wod
| be impracticable, and monarchy and despot-
ism would remain as the only alternative .
| IL may also be observed that at this period
any hope. il such existed, that the Topeka
| Constitution would ever be recognized by
| Congress must have been abandoned Con-
gress had adjourned on the third of March
previous, having recognized the legal exis-
| tence of the Territorial Legislature in vari-
! ETY. of forms, which j need not enumerate -
! Indeed the delegate elected to the House of
| Representatives under the Territorial law had
I been admitted to his seat and had just com-
! pleted his term of s,rvice the day pre- vious to
my Inauguration. This was propitious mo-
mc1.t for sc..l,ng all tue difficulties in Kansas
! THIS was the time fox aDand Jning the revolu
tIonary Topeka organization, and for the enc
mics of the existing government to conform
to the laws and unite with Its friends In fra
ming State Constitution. But this they re-
| fused to do, and the consequence of their re
+, tusal to submit to lawful authority, and vote
at the election of delegates, may yet prove to
be of the most dcplorable character. Would
that the respect for the laws of the land which
so enlinently distinguished the men of the past
generation, gould be revived 1t Is a dlorc-
gard and violation of the law which have for
years kept the Territory of Kansas in q state
! of almost open rebellion against the Govern
ment; it is the same spirit which has produ-
ce3 actual rebellion in Utah. Our only safe
ty consists in obedience and conformity to the
law. Should a general spirit against its en-
forcement prevail, this will prove fatal to us
nation. We acknowledge no master but
the law. And should we cut loose from its
restraints, and every one 90 what seemeth
good in their own eyes, our case Is indeed
hopeless
The enemies Of the Territorial Government
are determined still to resist the authority OF
| Cong ess They refused TO vote for delegates
| to the Convention-not because, from clrcum-
stances which l need not detail, there was an
omission to register comparatively few voters
! who were inhabitants of certain counties in
the carly spring of 1S57-but because they
had predetermined, at all hazards, to adhere
to their revolutionary organization, and defeat
the establishment of any other Constitution
than that which they had framed at Topeka
The election, therefore, was suffered to pass
in default But of this result the qualified
! electors, who refused to vote, can not justly
complain.
From this review it is manifest that the
Lecompton Convention, according to every
principle of Constitutional law, was legally
constituted and invested with the power to
frame a Constitution.
The sacred principle of popular soverei gnty
has been invoked in favor of the enemies OF
law and order in Kansas But in what man
ner is popular soyereig iguty to be exercised in
this country; if not through the instrumental
ity of established laws. In certain small re-
publics of ancient times, people did assemble
in primary meetings, passed laws, and direc
ted public affairs In our country, this i:
manifestiy impossible. Popular sovereignty
can be exercised here, only through the bal
lot-box, and if people will refuse to exercise
1t, IN this manner, they have done in Kan
} sas at the election of delegates, it is not 70
; them to complain that their rights have beer
violated.
The Kansas Convention, thus lawfully con
stituted, proceeded to frame Constitution
and having completed the WORK, finally al
journed on the 7th of November last. They
did not thiuk proper to submit the whole O
this Constitution to popular vote, but di
submit the question, whether Kansas shoul'
f be Free or Slave State. to the people,
This was the question which had lighted tn
f flames of civil war in Kansas, and produces
: dangerous sectional parties throughout ;h
, Confederacy Ii was of character so para
mount in respect to the condition of Kansas
: Il &C H. xnn.,ln nf ia