Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-02-09

ritory perfectly free in framing their constltu-
ton ''to form and regulate their domestic lnstl-
tutions in their own way, subject only 70 the
constitution of the United States" and then
to say that they shall not be permitted TO pro-
coed and frame the constitution in their own
way, without express authority from Congress,
appears to be almost contradic ton OF terms.
1t would be much more plausible to contend
that Congress had no power TO pass such an
enabling act, than to argue that the people OF
a Territory might he kept out Of the Union for
an indefinite period. and until it might please
Congress TO permit them to exercise the right
of selfgovernment This would be 10 adopt,
not their own way, but the way which Con-
gress might prescribe. 1t is impossible that
any people could have proceeded with more re-
gularity in the formation of a constitution
than the people of Kansas have done.
1t was necessary, first to ascertain whether
it was the desire of the people TO be relieved
from Territorial dependence, and establish a
State government. For this purpose the Ter
taking the sense of the people Of the Territory
upon the expediency of calling convention
to form a State constitution. 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.
1t is true that at this election the enemies of
the Territorial government did not vote. he
a
out the slightest preteXt of lawful authority
in framing constitution of their own for sub
verting the Territorial government. In purstl-
ance of this decision of the people in favor of
the convention, the Territorial Legislature, on
the 9th of February, 1857, passed an act for
the election of delegates on the third Mon
day Of June, 1857, to frame a State constitu-
ton.
This law is as fair in its provisions as any
hot c1,f, Ia.
lar purpose. The right of suffrage at this
election is clearly and justly 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 neighboring States and Ter
ritories with the freedom and fairness of the
elections, provision was made for the registry
OF qualified voters, and pursuant 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 at this election. In his inau-
gural address ON the 9th of May be informed
them that
Under our practice the preliminary act of
framing a State constitution is uniformly per
formed through the instrumentality of a con-
yentiOn Of delegates chosen by the people
themselves. That convention is now about to
be elected by you under the call of the Terri
torial Legislature created and still r recognized
by the authority Of Congress, and clothed 10y
it, in the comprehensive language of the or
ganic law, with full power to make such an
enactment. The Territorial Legislature then
in assembling this convention were fully sus-
tanned by the Act of Congress- and the authori-
ty of the Convention is distinctly recognized
in my instructions from the President of the
United States"
n ,l.-~, Il I T.
forms them what would be the consequence if
they did not participate in the election. The
people of Kansas, then, he says, care invited
by the highest authority known to the consti-
tuition to participate freely and fairly in the
election of delegates TO frame Il constitution
and State government" The law has per-
formed its entire appropriate function when it
extends to the people the right of suffrage but
1t cannot compel the performance of that
duty.
Throughout the whole Union. however. and
free government prevails those who
abstain from the exercise of the right Of suf-
lrage authorize those who do vote to act for
them III that contingency ; and absentees 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
ad participated in the election. Otherwise
as voting must be voluntary, selfgovern-
ment would be impracticable, and monarchy
Or despotism would remain as the only alter
native.
1t may also be observed that at this period
any hopes, ifsuch had existed, that the Top, ka
constitution would ever be recognized by Con-
gress must have been abandoned. Congress
had adjourned on the 3rd of March previous,
having recognized the legal existence of the
Territorial Legislature in a variety of forms,
which need not enumerate. Indeed, the dele
gate elected to the House of Representatives
under Territorial law had been admitted to
seat and had just completed his term of SER
vice the day previous to my Inauguration.
This was the propitious moment for 5, thing
ali the difficulties OF kansas-this the time
for abandoning the revolutionary Topeka or
and for the enemies of the exist
ing government TO conform to the laws and
unite with its friends in framing State con-
stitutlon. But this they refused to do and the
Of their refusal to submit to the
lawful authority and vote at the election for
delegates may yet prove to be Of the most
deplOrahle character. Would that the respect
for the laws of the land which so cminently
distinguished the men of the past generation
could be revived. 1t is a disregard and viola
ton of law which has for years kept the Ter
ritory of Kansas in Il state of almost open
rebellion against its government; ii is the
same spirit which has produced actual rebel
lion in Utah Our only SAFETY consists in
obedience and conformity to the law. Should
a general spirit against its enforcement pre-
vail, this Will prove fatal to us as nation.
We acknowledge no master but law, aud
should we cut loose from its restraints and
every one do what sccmeth good in his own
eyes, our ear e wouldindecd be hopeless. The On
mics Of The Territorial government determined
still TO resist the authority OF Congress. They
refused to vote for the delegates to the Con-
yCHtiOn, not because from circumstances
which | need not detail there was an OMISSION
to register the comparatively few voters who
were inhabitants of certain counties in Kansas
IN the early spring of 1857, but because they
had detcrmin d at all hazards To adhere to
their revolutionary organization, and DEF, at
the establ shmCnt of any her constitution
than that which they had fran d at Top, ka
The 81, ction was, therefore, suii,r,d to pass
by default; but of this result the qualified
electors who rttus, d TO vote can never Justly
complain. From this review il is manifest
that tine Lecompton Convention. according to
every principle of constitutional law, was lc-
gally constituted and invested with power to
frame II constitution.
The sacred principle of Popular Sove-
reignty" has been invoked in favor OF the enc
mics of law and order in Kansas; but in what
manner is Popular Sovereignty to bc exercised
tality of established law? In certain small
Republics of ancient times people did as
semble in primary meetings, passed laws, aud
directed public affairs. la our country this is
impossible. Popular Sovereignty
cam he exercised here only through the ballot;
and if the people will refuse the exercise Of it
in this manner, ~ they have done in Kansas,
in the election of delegates, is is not FOR them
to complain that their rights have been viola
ted. The Kansas Convention, thus lawfully
constituted, proceeded TO frame Constitu-
lion, and having completed the work, finally
adjourned ON the 9Th OF November last. Tiny
lid not think proper to submit the whole Of
this Constitution 10 the popular vote, but did
submit the question whether kans.s should be
4 Free or Slave State to the people. This
was the question which had conVulsed the
Union and shaken il to its very centre. This
was the question which had lighted the flames
Of civil war in Kansas, and produced danger