The Kanzas news., 1858-02-20
:, KANZAS, FEBRUARY 90, 1853.

dress on the eth of May, he informed
them that ''under our practice the prelimi-
nary act of framing State Constitution is
uniformly performed through the instru-
mentality of Convention of delegates cho-
sen by the people themselves. That Con-
vention is now about to be elected by you,
under the call of the Territorial Legislature
created, and still recognized, by the author
ity of Congress, and clothed by it, in the
comprehensive language of the organic law,
with full power to make such an enactment.
The Territorial Legislature, then, in assem-
bling this Convention, were fully sustained
by the act of Congress, and the authority OF
the Convention is distinctly recognized in
my instructions from the President of the
United States" The Governor also clearly
and distinctly informs them what would be
the consequences if they did not participate
in the election. The people of Kanzas, then,
he says, ''are invited by the highest au-
thority known to the Constitution to partic-
| ipate freely and fairly in the election of del
egates to frame a Constitution and State
Government The law has performed its
entire appropriate 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 authorize those who do vote to
act for them in that contingency, and alb
sentees are as much bound under the law
and Constitution, where there is no fraud or
violence, by the act of the majority of those
who do vote, as if all had participated in the
election. Otherwise, as voting must be
voluntary, self-government would be I'M
practicable, and monarchy or despotism
would remain as the only alternative" 1t
may also be observed that at this period any
hope, if such had existed, that the Topeka
Constitution would ever be recognized by
Congress, must have been Abandoned
Congress had adjourned on the Sd of March
previous, having recognized the legal ex-
istence of the Territorial Legislature in a
variety of forms which 1 need not enume-
rate. Indeed, the Delegate elected to the
House of Representatives under a Territorial
law had been admitted to a seat, and had
just completed his term of service the day
previous to my Inauguration. This was the
propitious moment for settling all the diff
culties of Kanzas This was the time for
abandoning the revolutionary Topeka or
ganization, and for the enemies of the ex-
isting Government to conform to the laws
and unite with its friends in framing State
Constitution. But this they refused to do,
and the consequences of their refusal to
submit to the lawful authority and vote at
the election of delegates may yet prove TO
be of the most deplorable character. Would
that the respect for the laws of the land,
which so eminently distinguished the men
of the past generation, could be revived |!
Il is disregard and violation of law which
has for years kept the Territory of Kanzas
in a state of almost open rebellion against
its Governmental is the same spirit which
has produced actual rebellion in Utah. Our
only safety consists in obedience and con-
formity to the law. Should a general spirit
against its enforcement prevail, this will
prove fatal to us as nation.
| We acknowledge no master but law, and
should we cut loose from its restraints, and
every one do what seemeth good in his own
eyes, our case would indeed be hopeless
The enemies of the Territorial Government
determined still to resist the authority of
Congress. They refused to vote for the
delegates to the Convention, not because,
from circumstances which l need not detail,
there was an omission to register the COM
paratively few voters who were inhabitants
of certain counties in Kanzas in the early
spring of 1857, but because they had de-
termined, 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 was therefore suffered to pass
by default, but of this result the qualified
electors who refused to vote can never just
| ly complain.
From this review it is manifest that the
Lecompton Convention, according to every
principle of constitutional law, was legally
constituted and invested with power to frame
Constitution. The sacred principle of
Popular Sovereignty has been invoked in
favor of the enemies of Law and Order In
| kanzas, but in what manner is Popular
Sovereignty to be exercised in this country
| if not through the instrumentalty of estab-
lished law? In certain small republics of
ancient times, the people did assemble in
primary meetings, passed laws and directed
public affairs. In our country this is man
itestly impossible. Popular Sovereignty can
be exercised here only through the ballot,
and if the people will refuse the exercise of
1t IN this manner, as they have done in
Kanzas at the election of delegates, it is not
for them to complain that their rights have
been violated.
The Kanzas Convention, thus lawfully
constituted, proceeded to frame Constitu-
ton, and, having completed the work,
finally adjourned on the 9TH of November
last They did not think proper to submit
the whole of this Constitution to the popu-
lar vote. but did submit the question wheth-
er kanzas should be Free or Slave State
to the people. This was the question which
had conyulsed the Union and shaken it to
the very center. This was the question
which had lighted the flames of ciyil war
in kanzas and produced dangerous sectional
parties throughout the confederaey. 1t was