A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The people of Kansas, then [he says], are invited by the highest
authority known to the Constitution to participate freely and fairly
in the election of delegates 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 can not
compel the performance of that duty. Throughout our 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 the 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 had
participated in the election. Otherwise, as voting must be voluntary,
self-government would be impracticable and monarchy or despotism would
remain as the only alternative.
It 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 3d
March previous, having recognized the legal existence of the Territorial
legislature in a variety of forms, which I need not enumerate. Indeed,
the Delegate elected to the House of Representatives under a Territorial
law had been admitted to his seat and had just completed his term of
service on the day previous to my inauguration.
This was the propitious moment for settling all difficulties in Kansas.
This was the time for abandoning the revolutionary Topeka organization
and for the enemies of the existing government to conform to the laws
and to unite with its friends in framing a State constitution; but this
they refused to do, and the consequences of their refusal to submit to
lawful authority and vote at the election of delegates may yet prove
to be of a 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. It is a disregard and violation of law
which have for years kept the Territory of Kansas in a state of almost
open rebellion against its government. It is the same spirit which has
produced actual rebellion in Utah. Our only safety consists in obedience
and conformity to law. Should a general spirit against its enforcement
prevail, this will prove fatal to us as a nation. We acknowledge no
master but the law, and should we cut loose from its restraints and
everyone do what seemeth good in his own eyes our case will indeed be
hopeless.
Public-domain text, read in full here on John Shaqi.
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