The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-11

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then engaged at Topeka. without the
slightest prtext Of lawful authority
in framing a Constitution Of their
own for subverting the Territorial
Government In pursuance Of this
decision of the people in favor of the
Convention, the Territorial Lcgisla.
turc, on the 2Tth Of February, 1857,
passed all act for the election Of del.
egatcs, on the third Monday of June,
1861, to frame a State Constitution,
This law is as fair in it's provisions
as any that ever passed q lcgisla,
tive body for a similar purpose, ---
The right of suffrage at this election
il clearly and justly defined; every
bona fide citizen of hc United States,
above the age Of twenty-one, and
who had resided therin three months
previous 10 that da;e, was entitled
to vote, In order TO avoid all in
terfcrence from neichboring States
and Territories with the freedom and
fairness of the election, provision
was made for the registry of quail.
fed voters, and Pursuant thereof
1881 voters were registered. Gov.
Walker did his whole duty In urging
all qualified citizens Of Kansas 10
vote Mt this election, In his lnaug-
ural Address on the 9th of May, he
informed thm that,
"Under or practice the prclimi.
nary act Of framing a State Constitu.
ton is uniformly performed through
the instrumntality of a convention
of delcgatei chosen by the people
themselves. That convention is now
about to be elected by you, under the
call of the Territorial Legislature
created, aud still recognized, by the
authority Of Congress and clothed
by 1t, in thecomprchcnsivc language
Of the organic law, with full power
10 make sach an enactment. The
Territorial Legislature, then, in as
sembling this convention, were fully
sustained by the act Of Congress,
aud the authority Of the convention
is distinctly recognized in my in
structions from the President of the
United States
The Governor also clearly and dis
tinctly informs them what would be
the consequences If they did not par,
ticipate in the election.
The people Of Kansas, then he
says,
Are invited by the highest an
ti,ority known to the Constitution D.
participate freely and fairly in
the election Of delegates 10 frame a
Constitution and State Government
The law has performed it's entire ap
propriatc function, when II 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 alb
stain from the exercise Of the right
Of suffrage authorize those who do
vote 10 act for them in that cpntin.
gcncy, and absentees are AZ much
bound under the law and Constitu.
ton, where there il no fraud Or vio-
lcncc, by the act Of the majority oi
those who do vote, IA If all had par
ticipated in the election. Otherwise,
as voting must be voluntary, self.
government would be impracticable,
and monarchy or dcspotism would
remain as the only alternative
II may also be observed that at
this period any hope, IL such had ex-
isted, that the Topeka Constitution
would ever bc recognized by Con
grcss, must have been abandoned.
Congress had adjourned on the 81 Of
March previous, having recognized
the legal existence of the Territorial
Legislature in a variety Of forms
which ! need not cnumcrate. In
deed, the delegate elected 10 the
House Of Representatives under a
Territorial law had been admitted 10
a seat, and had just completed Ids
term Of service the day previous 10
my inauguration. This was the pro-
pitious 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
% conform 70 the laws and unite with
it's friends in framing State Consti.
tuition. But this they refused 10 do,
and the consequences Of their refusal
10 submit To the lawful authority and
vote at the election Of delegates may