M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1858-02-11

also lHuicClI tnAOuSu wv -
State officers and members of the Stale Leg
isliture; yet il has pleased the Admnlstra-
tion to regard the whole proceeding reyolu'
tionary.p This Topeka government adhered
to with such reasonable pertinaclty, IS
in direct opposition TO the exist
ing government, prescribed and recognized oy
Congress.
Ii is the usurpatOn Of the same character
as it would be for portion OF the people ei
any State 10 undertake TO establish separate
government within its limits for the purposes
any grievance, real or imaginary,
of which they might complain against tue
legitimate State government. Such prln-
ciple, ifcarred into execution, would destroy
ali lawful authority and produce universal
anarchy. From this statement Of facts the
reason becomes palpable why the enemies o.
the government authorized by Congress have
refused to vote for the delegates 10 the Kan
sas Constitutional Convention, and also,
aiterward on the question Of slavery, submit
ted by it to the people. 1t is because they
have ever refused TO sanction or recognize
any other Constitution than that framed at
Topeka. Had the whole Lecompton Consti'
tuition been submitted to the people, the
adherents of this organization would doubt
less have voted against it, because, II success
lnl, they would thus have removed The obsia-
cles out of the way of their own revolution
ary constitution; they would have done this 4,
not upon the consideration OF the merits Of
the whole or part Of the Lecompton Consti-
tuition, but simply because they have ever
resisted the authority Of the government
authorized by Congress, from which 1t emana-
ted. Such being the unfortunate condition
ofailairs 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 usurpatiUn, or to adopt the
necessary measure to establish a constitution
under the authority OF the organic law Of
Congress? That this law recognized the right
of the people of the Territory, without an
enabling act of Congress, TO form State
Constitution, is too clear for argument. For
Congress "to leave the people of the Territory
perfectly free" in framing their Constitution,
'to form and regulate their domestic institu.
lions in their own way, subject only TO the
Constitution Of the United States" and then
10 say that they shall not be permitted TO
proceed and frame the Constitution in their
own way, without express authority from
Congress, appears to be almost cpntradlc'
ton Of terms.
1t would be much more plausible to con
tend that Congress had no power to pass such
an enabling act, than TO argue that the peo-
pie of a Territory might be kept out Of The
Union for an indefinite period, and until it
might please Congress TO permit them to ex-
ercise the right of sclfgoyemment. This
would be to adopt, not their own wav, but
the way which Congress might prescribe, 1t
IS impossible that any people could have pro.
ceeded with more regularity in the formation
of Constitution than the people of Kansas
have done. 1t was necessary first: TO ascer-
tain whether it was :he desire of the people
to be relieved from Territorial dependence,
and establish State government For this
purpose the Territorial Legislature in 1855
passed law for taking the, sense of the peo.
pIe of the Territory upon the expectancy Of
calling Convention to form State Consti.
tuition. At the general election to be held
in October, 1856, the "sense OF the people"
was accordingly taken, and they decided IN
favor of Constitution.
II 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 au-
thority, in framing a constitution OF their
own for subyerting the territorial govern
ment. In pursuance of this decision of the
people in favor Of convention, the terrific
rial legislature, on the 27lh Of February,
1857, passed an act for the election Of dele
gates on the third Monday Of Jnne, 1857, to
frame a State Constitution. This law is as
fair in its provisions as any ever passed by a
legislative body for a similar purpose. The
right of suffrage at this election is clearly
defined. Every bona fde citizen of the
United States above the age Of twenty one,
and who had resided therein for three months
previous to that date, was entitled to vote.
In order to avoid all interference from neigh
boring States and territories with the freedom
and fairness Of the election, provision was
made for the registry Of qualified voters, and
in pursuance thereof nine thousand two
hundred and fifty.one voters were registered.
Governor Walker did his whole duty in
urging all qualified citizens of Kansas to
vote al this election. In his inaugural adj
dress, on the 9th of May, he informed them
that, 1.-THE preliminary act of framing a
State Constitution is uniformly performed
through the fundamentally of convention
chosen by the people themselves.
That convention is now about to be elected
by YOU, under the call Of the Territorial Le-
gisiature, created and still recognized by the
authority of Congress, and clothed by it, in
the comprehensive language OF the organic
law, with full power to make such an enact
ment. The Territorial Legislature, then, in
assembling this convention, were fully sus-
tained by the act of Congress, aud the au
thori!y Of the convention is distinctly re-
cogniEed in my instructions from the Presi-
dent Of the United States"
The GoEemor also, clearly and dist!Rctly
informs them what would be the consequen.
ces il they did not participate in the elec.
ton: The people of Kansas, then, he says,
"are invited by the highest authority known
to the Constitution to participate free ey and
fairly in the election Of delegates to frame
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 perform
ance Of that duty. Throug hout the whole
Union, however, and wherever free govern.
ment 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 absentees are as much
bound under the law and the Constitution