It is impossible that any people could have proceeded with more regularity in the formation of a constitution than the people of Kansas have done.  It was necessary, first, to ascertain whether it was the desire of the people to be relieved from their Territorial dependence and establish a State government.  For this purpose the Territorial legislature in 1855 passed a law “for taking the sense of the people of this Territory upon the expediency of calling a 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 a convention.  It is true that at this election the enemies of the Territorial government did not vote, because they were then engaged at Topeka, without the slightest pretext of lawful authority, in framing a constitution of their own for the purpose of subverting the Territorial government.

In pursuance of this decision of the people in favor of a convention, the Territorial legislature, on the 27th day of February, 1857, passed an act for the election of delegates on the third Monday of June, 1857, to frame a State constitution.  This law is as fair in its provisions as any that ever passed a legislative body for a similar purpose.  The right of suffrage at this election is clearly and justly defined.  “Every bona fide inhabitant of the Territory of Kansas,” on the third Monday of June, the day of the election, who was a citizen of the United States above the age of 21, and had resided therein for three months previous to that date, was entitled to vote.  In order to avoid all interference from neighboring States or Territories with the freedom and fairness of the election, provision was made for the registry of the qualified voters, and in pursuance thereof 9,251 voters were registered.  Governor Walker did his whole duty in urging all the qualified citizens of Kansas to vote at this election.  In his inaugural address, on the 27th May last, he informed them that—­

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.