Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1858-02-13


any other Constitution than that framed at
Topeka. Had the whole Iecomption
Constitution been submitted 10 the people,
the adherents of this organization would
doubtless have voted against it, because if
successful they would thus have removed
an obstacle out Of the way of their own
revolutionary Constitution. They would
have done this not upon consideration of
the merits of the whole or part Of the
Lecompton Constitution, ,butsimply because
they have ever resisted the authority of the
government Authorized by Congress; froM
which it emiuated.
Such being the unfortunate condition Of
the affairs of the Territory, what was the
right as well as duty, of law-abiding
people ! Were they silently and patiently
to submit to the Topeka usurpaton, or
adopt some necessary measure to establish
stilution under the organic law of
Congress Tha. this law recognized the
right of the people of the Territory, without
the enabling act of Congress, to form a
State Constitution, is too cleaFfor argument.
For Congress "to leave the people of the
Territory perfectly free" in framing their
Constitution, to form and regulate their
domestic institutions in their own way,
subject only to the Constitution of the
United States" and then to say they shall
not be permitted to proceed and frame q
Constitution in their own way, without tie
express authority froih Congress, appears
to be almost contradiction Of terms. 1t
would be much more plausible that the
people of Territory might be kept out Of
the Unioa for an indefinite period, and
until it might please Congress to permit
them to exercise the right Of self-govern-
ment. This would be to adopt, not " their
own way" but the way which Congtess
might prescribe,
1t is impossible that any people could
have proceeded with more regularity in
the form alton of a Constitution than the
3 people of Kansas have done, 1t was
necessary first, 10 ascertain whether it was
the desire of the people to be relieved from
a Territorial dependence, and establish q
State Government. In this purpose, the
Territorial Legislature iu 1855 passed q
, law for taking the sense oil the people o.
: this Territory, upon The expediency @
> calling Convention to form a STATE
Constitution" a. the gencral election TO bt
held in October, 1856. The "sense of th,
people" was accordingly taken, and thet
decide in favor of Convention. 1t is tru,
,, that at this election, the enemies of tn,
Territorial Government did not vote, be
cause they were then engaged at Topeka
without the slightest pre,ext of Lawful
authority, in framing Constitution o
their own, for the purpose of subvcrtiDs
the Territorial Government.
In pursuance OF this decision of the peo
pie 10 favor of Convention, the Terrific
5 rial Legislature, on the 9th of February
1857, passed an act for the election of del
egatcs on the third Monday of June, 1857
to frame State Constitution. This Law
G is as fair in its provisions as any that eve
passed Legislature Tor similar purpose
: The right of suffrage at this election i
clearly and justly de6ned-"Every BON
J idc inhabitant of Kansas" on the thrt
5 Monday Of June, the day of the election
c who was citizen of tho United States
3. above the age of twenty one, and had resi-
1t ded therein for three months previous t.
:. that date, was entitled TO vote. In orde
y 20 avoid all interference from neghborin
G States or Territories with the freedom an,
% fairness of the election, q provision wa
II made for the registry of qualified voters
p and pursuant thereof, nine thousand AM
IS tifty-two voters were registered. Govern
70 or Walker did his whole duty in urgin
G all the qualified citizens OF Kansas to vot
70 at this election.
4" In his inaugural address on the 27th O
G May, he informed them that under ou
d practice the preliminary act of passing
ID State Constitution is uniformly perIorme
oi through the instrumentality Of a Conver
to ton of Delegates chosen by the peopl
&c themselves; that the Convention is now q
d. bout to be elected by you under call {
It, the Territorial Legislature, created, an
Mt still recognized, by the authority of Coz
~ gress, and clothed by it, in the comprehei
y siye language of the organic law, with tu
'r power TO make such an enactment. III
% Territorial Legislature, then, in assemblip
n this Convention were fully sustained By Il
Of Act Of Congress and the authority OF tt
ID Convention is distinctly recognized in m
ie instructions from the President of the [
of and distinctly warns them what would
I'd the consequences if they did not participa
ct in the election. "The people of Kansa
c. then," he says, are invited by the highe
hc authority known to the Constitution to pa
le ticipAte freely and fairly in the election
o. delegates to frame Constitution and Sta
"a Government, The law has performed
n entire and appropriate function when
ct extends to the people the right of sutlrag
as but it cannot compel their performance
- that duty. Throughout the whole Unio
er however, and wherever free go7eEnmc
lie prevails, those who abstain from the exc
a else of the right of fsutfrage, authorize tho
or who do vote, to act for them IN that co
IS, tingeucy, and absentees are as much bouI
hit by the law and tho Constitution, whc
tie there is no fraud or violence, by the act
ed the majority ol those who do not vote, as
ful all had participated in the election. Othe
~. wise, as voting must be voluntary, Sc
L., III