Under our practice the preliminary act of framing a State constitution
is uniformly performed through the instrumentality of a convention of
delegates chosen by the people themselves. That convention is now about
to be elected by you under the call of the Territorial legislature,
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 enactment. The Territorial legislature, then,
in assembling this convention, were fully sustained by the act of
Congress, and the authority of the convention is distinctly recognized
in my instructions from the President of the United States.


The governor also clearly and distinctly warns them what would be the
consequences if they should not participate in the election.

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.