Independent Republican. (Montrose, Pa.) 1855-1926, December 24, 1857, Image 2

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    O v Elov.lralkees Letter of Resignation.
The following is the letter of the Hon.
Robert J. 'Walker, resigning the dike of
Governor of Kansas :
WASIIINGTON CITY Dec. 15, 1831 4 ,
To the Ho's. LEWIS CASS, Secretary of State,
Sm I resign the office of Governor °kite
TerritorY of Kansas. I have been most re
luctantly foreed xo this conclusion, after anx
ious and careful consideration of my duty to'"
my country, to the , people of Kansas: to the
President " of the United States, and . to •my
'self. -
The grounds assumed by the President in i
his late Message to. Congress,. And in recent !
• instructions in connection :with the events ',,
now transpiring:here cud in Kansas, admon
ish l,
tne that as Governor of that Territory, it;
.will. no Itengeiti'liiiiiy - power - to preserve
the peace or nriiniote the public weltlire..i:;.
At the earnest solicitation of the- Presi
dent, after repeated refusals, the last being in
Writing, I finally accepted - this office, upon his 1
letter showing the dangers and difficulties of
the Kansas question, and the necessity of my
undertaking the task of adjustment. Under
these circumstancesatotwithstanding the-great
Sacrificesjto me, personal, political, : and pe- i
cainiarY;l felt that I .could -.no more refuse
sach a call from - my country through her
Chief Magistrate, than a.soldier in battle who I
- -is
.ordered to the command ofa forlorn hope.
. I aceePted, however, on the express condi- 1
Coil that "should ads ocate the - subnfiSaion.of 1
the - Constitution to a - vote. of the people ftir 1
ratification or rejection. These views were I
clearly understood by the President. and all 1
his Cabinet ...They. were distinctly set forthil
. in my letter. - on my acceptance of this otlice,l
of the 26th 'March last, and reiterated. in my
inaugural address of the 21Ili of May last,
as follows : " Indeed, I cannot doubt that the
Convention, after having framed A State Ceti-
. stitution, will.submit it for ratification or re- i
jecti - on by a majority of the then actual bona 1
1
fide resident settlers of Kansas." '
With these • views, well . known ..to the
President and- the Cabinet, and approved by I
*them, I accepted the appointment of Gover- i
nor of Kansas.. My instructions from the
• President, through.. the Secretary of-State, !
under date :10th Ifarch lust, sustain the reg-
' tiler 'Legislature of : the Territory in assort-
' bling a Convention to form. a Constitution,'
and they express the .opinion of the - Presi- i
dent that" when such a Constitution shall be
submitted to the people of the Territory they:l
mast be protected in the. exercise of their 1
right of voting for or 'against that instru- I
ment, ani.V.the fair expression of the popular i
. ~ will must not be interrupted by fraud - or yi• 1
olence. I repeat, then, as my clear con,vic- i
tion, that unless
.the Convention eitbinit the !
Conatituti6n to the vote of all the'actual res
ident settlers of Kansas, and the election be j
'fairly and.justly conducted, the Constitution ;
will be, and ought' , to b.; rejected by Con-
.: ess." 1
. •
Pr
This inaugural :most 4:stinetly asserted I
that it was nut a-question of Slavery merely; 1
which I believed to be of little practical int- 1
poitanee then. in
,its application to Kansas, I
but the entire Constitution which should !
beSubmitted to the people for ratification or 1
rejection. These were my, words on that :
• . subject
' - shall Slavery exist in' or disappear froin Nan- I
Has, but shall thegreat principles of self-gov
ernment and Stale sovereignty be maintain-
ed or Subverted ?" . . 1
. In that inaugural I proceed further to say, 1
the people " may by a subsequent vote - de- 1
feat the ratification of the Constitution." I
'designate this " a great constitutional right,"
and add, " that the Convention is :the sera 1
vant and not the master ',of the people." In 1
' r iy offteial ' dispatch to you of, the 2d 'June I
• last, a copy of that inaugural address. was
transmitted to you for the further inforina- 1,
tion of the President and his Cabinet.- . No
exception was ever. taken to-any portion of i
that-address. On The contrary, it was dis- I
tinctly adMitted by the President in his Mcs- I
sage, With commendable frankness,' that my i
instructions in favor of a submission of the i
Constitution 'to .a vote- of the people were
".' general and.umpialified." '.
BY that 'inaugural and a subsequent ad- ,
dress, I was pledged to the people of Kansas 1
to oppose, by alliaviful means, the. adoption 1
of any .Constitution Which was not fairly and
fully submitted ,to their vote' for ratification
or rejection. These pledges. I cannot recall
or-violate without personal dishonor and the
abandonment offuudainental principles; and
therefore, it - is impossible for met° support
what is called ..the Lecompton .Constitution,
because. it is not eulanitted• to .!,a vote ; of the
• people for ratification
_or : rcjeCtion. .. .
1 have ever uniformly Main ained die prin
ciple that savereiguty is ves ' t l exclusiaely
it.
in the people of each State, • id that itper- 1
'forms its first and highest function in , form i
ing a State Government and State' Conetitu
aloft: This highest act of sovereir * nty, in my
.judgment, can only be performed by the.veo
pie themselves, and cannot be delegatad to
Conventions or-other intermediate bodies.
..
[The.- letter sting of great „lengtha.apor
tion is here'brnitted fur Want of roonni ;
The P.resident'thinks that sovereignty can
be delegatedat least in-part; I think that
sovereignty cannot be delegated at all. The
President billeve.a that sovereignty is divisi
. ble betWeeti conventions and people, to be
exercised by the former on all suljects but
Slavery„ and by the latter only on that ques
, ' tion ; whereas, I think that sovereignty is
inalienabicilindivisibk, a unit, incapable of
partition, and that it - cannot be delegated, in
••.whole or 'in part. 'lt will not be denied that
sovereignty is the only power that can make
EState Constitution; and that it rests exclu
sively with the people, and if it is inalienable
.and cannot be
only
I - have shown,.
- then. it eau be exercised by the people
- themselves, under,. e9 . r:Government We
know no. sovereign but Alie. people. Conven
tions arc composed .of "delegates." They
aro mere, agents or trustees, exercising not a
sovereig,h• but a. - -delegated power, and-the
people are principals. The power delegated
to such Convention can properly only exteud
to framing the ,Constitution, btat its Tatifica
. Lion or reaction can only' be perfornired • by
the•power where sovereignty alone tests--
namely, the people' themselves. - - Wt t , must
mot confoUnd sovereign with delegated pOw
:et, The provisional authority of the Con
yard= to. laiiinea COnetitution, and submit
it to,the pople, is delegated power, but sUv
-'.- ereigntyslone wliel rests exclusively with
the people., radio and put . .in force that
Constitution,. Amid this is the ai ue doctrine
of Popular
..Sa . vereigitty, and I know of. no
such thing, nor daras the Federal Constitution
recognize 'it as de4watiad :or ',./ ventional so.v
-• ereiguty." The Pctaident in a'"7`, • hicid pas
age of his able ineasage, giv • iduswerahle
reasons why...the jeople and not _ConVentions
should decide the question of .Slavery. Ho
says; very truly, 1114 from. theNieeesoary di
vision. of the"-:joeheal,e.Stoe ,inta districts, a
wajoriq . of - the delegateSinay Will: hale way
arid Ail people another, and . :that she dele
pita, mu was ;the case in Kansas, xnay violate
their . pledgea; or fail to ,exeeute the . will of
theTeople. 7 t .4,4 d Why-does not this reason,-
i ng apply with j egunif deice, to 41j : ether alue'a,
Atop embodiedin_the State Cunstitution,and
; 406, - ,sbenld :itlielneatiOrt.. of Slavery -1 alone
'etvattitiaghasl-Rx.tiuguialt .the.4loetriue of Pop.
ular ,SoVara*t_lty:PO *.-.: . _14 1 4 of sagov
ertuattittt.:-.". .t.flArtokitglY3 ,l ils .4 no sec
:lona itte,St7 . 4.,fer it bi;lone. - alike to the..
r•
States adMitted inchoa te , - of - the gOilit as l
of the. North. It is not.* question of Slii;s,Wy,
but of State's Rtlits, of Stutf e ' . i and .pol War
soyereipty,; and my objectitios to ,the.,,, 0- i
eompiitn eiittallt.teOng,
whetikr kansaa:undeitjts proyisiorat, sbotild
be made a Fred : ;or Shive Suite:, My dbjec
..
tioa4 . :;are'•bas4 upon,: the, violation . athe ,
rightaf Self:government and popular:sever-
eignty, and of forcing any Constitution upon
the people a g ainst th eir will,.whether it rec
ognizes, Free dom or Slavery. Indeed,. t he
first question which the people ought to de
.eide in forming a Government for an incho
ate State is, Whether they will change or not
from a Territorial to a State Government.:..-
Now as no 'one who with me denies Federal
or Territorial sovereignty, will e‘}ntend that
•a Territorial Legislature is sovereign, or rep
resents sovereignty, or that such Legislature,
a mere creature of - Qingress, can transfer
sovereignty, which it does not possess, to a
Territorial Convention. This change from a
Territorial to a. State Government can only
be made by the power where sovereignty
rests with the people. Yet State .Govern
ment is 11%.‘vd upon the people of Kansas by
the Lecompton Constitution, and they are
not permitted to vote. But, besides the
change from a Territorial to a State Govern
mept
.which the people alone have a right to
make, in (rain ing a Suite ()institution, there
are many other momentous questions includ
ed in that instrument. 'lt involves all the•
powers of State Government. Where is the
bill of rights, the Magna Charta of the fiber;
ties of a free people—the legislative, ~xecu
Live, and: judicial functions, the taxing power,
the elective franchise, the great question of
education, the sacred relations of husband
and wife, parent. and ehild,guardian and ward,
and all the rights
,affecting life, liberty, and
' property. There is also the question of State
debts, of banks and paper money, and wheat
er they shall be porinitted or prohibited.—.
AS all free.government, as stated by Mr.
Jefferson, depends upon " the consent of the
governed," how can it be' known whether the
people would assent to the Constitution, un
less it be submitted to their vote fa ratifi
cation or rejection ? But if acquiescence can
be presumed in any case, surely it cannot
be in that of Kansas, where so many of the
delegates violated their pledge to submit the
Constitution itself to a vote of the 'people ;
where the delegates who signed the Consti
tution represented scarcely one-tenth of the
people, and where nearly one-halt of the
counties of the Territory wore disfranehised,
and that by no fault of theirs, and did not
and could not give' a single
.Vote at the elec
tion of delegates to the Convention. I have,
therefore, discussed the subject mainly on the .
question that conventions are not sovereign,
and cannot rightfUlly make a State Constitu
tion without its submission to a vote of the
people for tatificatioinor. rejeLition. Yet, sure
ly, even thoge who differ with me on this
point must concede, especially under the
Kansas-Nebraska:let, it is onl such Govern
Lions can be called sovereign as have been
truly elected by the, people, and represent
their will. On reference, lowever, t(1 my
address of the 16th of Septctnber last, on the
day-qualification question, a cop• of which
was immediately trzinsinitted to you for the
information (tithe President and CaMnet., it
is evident that: the Lccompton Convention
was not such a body - . That ConventiOn had
vital, not technical. defects in the very sub
stance of its organization under, the Territo
rial law, which could . only be cured, in my
judgment, as set forth in my inaugural and
other addresses, by submission of the Consti
tution for the ratification of the people. On
reference to the Territorial law under which
the- Convention was assembled, thirty-tbor
regularly organized counties •were named as
election districts for deleliates, to the Conven
tion. In each and all of these' counties it was
required by law that a census be taken, also
'the voters registered, and when this was com
pleted the delegates to the Convention should
be apportioned accordingly. In nineteen of
these counties there was no census, and there
fore there could be no such apportionment
there of delegates upon such census. And in
fifteen of these counties there was no registry
of voters. These fifteen counties, including
many of the oldest organized counties in the
Territory, were entirely disfranchised. and
did not give (by no fault of their own:) and
could not give-a solitary vote for the dele
gates to the Convention. This result was sti
perinduced by the. tact that the- Territorial
Legislature appointed all the Sheriffs and
Probate - Judges in all these counties,to whom
was assigned the duty by, law of makin ,, this
census and registry. These officers were po
litical partisans, dissenting from the views
and opinions of the people of these counties,
as was proved by the . election in. October'
last. These officers, from want of funds, as
they alleged, neglected or refused to take an)l
census, or make any registry in these coml.:
tics, and therefore they were entirely dis
franchised, and could not and did not give a
single vote at the election for delegates to the
Constitutional Convention. And here I wish
to call attention to a disiinctibn which will
appear in my inaugural address-in reference
to those counties where the voters were fair
ly registered, and did not vote. In such coun
ties where full and free opportunity was giv
en to register and -vote, and they did not
choose to - exereiie such a privilege, the ques
tion is 'very different from these counties.
where there was nu census or registry, and
no vote was giveri,or could be given, however
anxious the
. pc - iple might be to participate in
the election of delegates to the Convention.
Nor could it be said these counties acquies
ced, for, wherever they endeavor e d, by a sub
sequent census or . ' registry of their own to
supply thi s defect, occasioned by previous
neglect of the - Territoriat.offieers, the dele
gates thui chosen were rejected by the Con
vention. " •
I repeat that, in nineteen counties out of
thirty-four, there ivas no census. In fifteen
counties out of thirty-four, there was no reg
istry, and not a solitary vote, was given, - or
could be given; for Delegates to the Conven
tion in any one of these counties.. Surely,
then, it cannot be.said that such a Conven
tion, chosen by scarcely more than one tenth
of the present voters of Kansas, *represented
the peoploaf that Territory, and could right
ly impose a Constitution upon them without
their consent. These nineteen counties, in
which there was no census, constituted a maj.
ority Of the census of the Territory, and these;
fifteen counties In. which there was no 'regis
try gave a much larger vote at tho October
election, even with the six months' qualifiCa
tion, than the whole :vote given to the 1-„e
Compton Constitution on the 17th of Noretn
.ber last. 1f; -then, sovereignty. can be dele
gated, and the Cor;rintion as such are sorer
emit3 which I deny,-surely it must be In
0
such cases as when such - ,Conventions are
chosen by 'the people, have seen
:was not the case 'as regards .the late Lecomp
ton Convention. I: was for this and other
reasons that in my 'naught-al : . and other ad
-dresses I insisted that the COnstitution should
be submitted to the peophi by the Conven
tion, as the only •moans of curing this
.vital
defect in iti.organization. It was. therefore,
A mong other reasons that when, as you know,
the organization. :called . the. "Topeka State
4'overnment" was Made, and as a conic
,gluteinee'zin ipeyitiLhle civil war and conflict
.tunat tare ensued, these results wer'eirevent.
ea !by Aix assuring, not th 6 Abollthinists, as
his been crrorteously stated (for my Add ms
-was not tv to them, • hut - the peopteu
Kansa,aj that, m my judgment, the
tion would be snbr,►itted fairly, a►
for ratification or rejection by the
and that if this was not_ done, 1 wou
i iiith,them (the ,people) I now'do,
f i ll opposition to . such - prbeedure. .
''' -rw vowel; and responsibility beilig devot
ed•elelusiVely_tipon me by the President of
using the Federal army in. Kansas Ito stip'.
press insurrection, the alternative iras dis
tinctly presented to. me, by questions pro
pounded at Topeka, of arresting the- revolt'.
i
tion by the slaughter of the peopl ~ or of
preventing it, together with _ that e vil . war
_which must have extended througtout the
Union,. by a solemn assurance, thet:i . given,.
that the right of the people to fraMo their
. own Government, so. far as any .polwer. ex=
tended, should be maintained. But pr this
assurance, it is a conceded fact that the Tope
; ka State Government, then assembliA in-le
! gislative session ! would have teen ,put into
immediate actual operation; and \Oat a .san
i guinaryt collision with the Federal ailmy and
civel war must have ensued—extending, it is
feared, throughout the Union.
i Indeed, the. whole idea of an inauge
dress originated in the alarming intutli
which had reached Washington City!
ous and incipient rebellion in Kans
insurrection was rendered still more
able on my reaching the 'Territory
near approach of the assembling of t
lutionary State Legislature and the .
mcrous mass conventions by which
sustained. In truth, I had to choose
arresting that insurrection, at whatob'
of American blood, by the Federal •si
to prevent the terrible catastrophe, it
by toy pledges to the 'people of the
of alt my power to obtain a fair election and
the subtnisdon of the Constitution to the vote
of the people fir ratification or rejection.
My inaugural and other addresses were,
therefore, really in the nature of pripelama
-11
Vitals, so often issuedit
by Presidents 'd
Gov
ernors,*with it view to fjycvent, as t tey did
in this case, civil war and insurrection. Now,
by my oath of office I was sworn to upport
the Constitution of' the United State., which
I have shown, in my judgment, reqn red the
submission-of the constitutiim to theomte of
the people. . I was sworn, also, to tAc care
that the Kansai and Nebraska bill Sbliuld be
faithfully executed, which bill, in my judg
ment,-as heretofore stated, required hat the
Constitution should be submitted to t le vote.
of the people, and I was therefore oily per
forming a socenin duty, when as Govqrnor of
the Territory to whose people my Inist. obli
gations were due, I endeavored to I secure
them these results. The idea entertaiped by
some that I should see the . Federal C institu
tion and the Kansas• Nebraska bill over brown
anti disregarded, and that playing theipiirt of
a mute ;n a pantomine 'of ruin I shqulci ac
quiesce by my silence in such a result, espe . -
eiall j where such acquiescence in vol veil Ali an
immediate consequence a disastrous a id san
guinary civil war, seems to me most ',repos
terou..;
Not a drop of blood has been shed by .the
Federal troops in Kansas during my ,:dmin
istration, but insurrection and civil 4r, c:, 7 -
teuding, I fear, throughout the eouutrx, weee
alone prevented by the course pursqd Iv
nie on those occasion,, and the whole ieople,
abandoning revolutionary • violence, were in
duced by me to go, for the first time.
general and peaceful election. These 1
_
tant retilt'l constitute a sufficient cons
for all the unjust assaults - made upon
I do not underAand the
this suojcct
astqullt-; have ever received the slightes
ten:ince from the President. On the
rr, his moss.age clearly indicates an ap:
of my efiurse up to thu preseiit Most m
nate- diflcrence about-the so-called Lccu
Ci•n,titutiou. Inasmuch, however, a
difference is upon a vital question, itiv.
practical result.; and new iustruc•tian!
certainly much more respectful,to the. r
dent on. my part, to resign the office of
,crux•, and give . himan opportunity of
at, as is his right tiiicler _the Oinstitutiva
one who concurs with him in his _ pi!
opinions, - rather than go to Kansas and
him to remOve me by disobedience to
structions. This Lauer course, in my
merit, would be incompatible with a p
respect fur the Chief Magistrate of the L
inconsistent. with the rules of moral rec
Or propriety, and could be 'adopted wi
other view than to force the-President to re- I
move me from office. Such a course; it is
alleged, would present me to the public ; as a
political martyr in the . defense of the gent
principle of selfgovernment ; but to gli to
Kansas- %with any such purpose, or with I cer- ,
fain knowl e dge that• Such a result UWE, fol
low would be alike unjust and improp(r.—
l‘fy roily alternative, then, is that of . re-
spectful resignation, in the hope that K:insas . l
and our beloved emintry ' may be. shidhled
-from that civil war, with which,. I .fear both
.are threatened, by any attempt to fore( the
so-called Lecompton Constitution upon the
people cf Kansas. , . I state it as i fact, based i
on a long and intimate association midi the 1
people of Kansas, that an overWheliningima- 1
jority of - that people are opposed to th 4 in
strument, and my letters state that button
.out of twenty of the press of Kansas sustain,
it. Some Oppose it because so many eimn- .
ties were disfranchised and unrepresente in
the Convention. Some, Who are oppose - to
paper money', because it autborizes" a - atilt
of enormous capital for Kansas, nearly un 1111-
ited in its issues and in the, denorbinatio of
its notes from L.one dollar up and dowl .
Some, because of What they consider a know-
Nothing clause, by requiring that the Go ,7er
nor shall have been twenty years a citizen of I
the: - United States--some because the elective
franchise is not free, as - they cannot vote '
against the Consiitution, but only on the in-
gle.issue whether ! any more slaves may be I
imported, and then only upon that issue by
voting for the Constitution to' which they re
opposed ; and they regard this us bu a
mockery of the elective franchise and a peril
ous sporting with the sacred rights of he
people—some oppose it because the Con ti.
. distinctly recognizes and adopts he
Oxford fraud in apportioning legislati
re'
members for Johnson County upon the fratpd
' uknt and fictitious returns, so falsely.mlltd,
from-that precinct, which recognition of that
fraud in the Constitution is abhorrent to
. Ihe
Moral sense of the people.: Others oppos it
1
because; althouffh'in other 'eases the Prdsi
is
dents of Conventions haVe been authorized to
issue writs of election . to the regular Teriito
rial or State officers; with . the Usual judges
and w,ith the established precincts and on t i lte
! adjudication of the returns,' in this case n:
precedented and - vice-regal powers arc git - 'en
to the President of the Convention to inalie
I the precincts, the judges, and to decide final
-Ily upon the returns. Front the grant of the'pe
_untisani and enormous powers, and frogs
other'reasons connected with The returnsf
Oxford and McGee, an overwhelming ma)
. r.
by of Kansas have no faith in the validity f
c t
these , returns and. therefore will not. vote.
Indeed, disguise
.. it as we may to ourstk S,
under the influence of the present exeiteme it
i the fae.ts will demonstrate that any attempt: y
1 Congress to force it upon the people of Ka i.
I sas' will be au effort to substitute the will. if
I a stuall'ininority for that of an oVerwheltnl g
i-inajority of the "people of KanSas; that, it 'Will
'
not settle the Kansas"question, or kimlize tlie
Issue ; that it will, I far; bo attended by crust
war, 'e4tetiding, perhaps; throughout the U=,-
ion, thus hringingi a
this • question . back ag ,
' - upon . Congress co before the pc°. p - lt: to i •
most dangerona and alarming aspect. The i
President takes a different view of the Subject I
in his Message, and from the events occurring ;
in Kan* aa well us-here it is evident that
the question is •paissine , -from theories . into I
practice; md that as- Geirertior of Kansas E
should be impelledto carryout new instruc
tions differing on a *vital 'question- frOrn- those
received at the - date of my apointment.—
Such instructions I could not execute consist:!_
ently with. my views of the Federal Consti
tution and of the Kansas and Nebraska bill;
or with my pledges to the people .of Kansas.
No one can more deeply regret than myself
the necessity, but it arises front no change of I
opinion on my part. On the contrary, 11,
would cheerfully have. returned to.Kanis to'i
carry ont . my original -instructions, and tfitia
preserve the peace of the Territory, and finall
ly settle the Kansas question by redeeming
my pledges to the people. It is not my in
tention at- this time to discuss the peculiar
circumstances and unexpected events which 1
have modified the opinions of the:President.l .
upon a point so vital as the submission of the
Constitution fur ratification or rejection by
the vote of the people e -smuch less do I desire
any controversy with the President on this
subject. Yet, however widely my views may
differ. from those entertained by hint on this
question—views which I have held - all my
•life, and which, as involving fluldamental
principleS of public liberty and of the Consti
tutiti, are unchangeable—yet, as regards all
those great measures which I trust will con
stitute the policy of his Administration in
other respects, it will give me pleasure as a
private citizen, to yield my cordial support.
have.said that !the Slavery • question, as a
practical issue, had disappeared- from Kansas
long before any arrival there, and the clues;
tiun of self governmentbrid been Substituted
in its place. On sonic future occasion I shall
dissipate the delusion which - has prevailed
upon this subject, and show that after three
years' experiment, when I arrived in Kansas
there were less . than. WO slaves there, and
the number. constantly diminishing; that, as
proved by the 'Official records of Congress
published and authenticated by those distin
iguished Southern Statesmen, John C. Cal
houn and Jefferson Davis, the Winter cli
mate even of:Eastern Kansas is colder than
that of New England, and that. the Pro-Sla
very Territorial Convention of Kansas consul
idated with the Pro-Slavery Territorial Leg- ;
islature on the 4th of-January, 1857; nearly
:five month's before my arrival there, did aban
don the Slavery issue because, as set forth by
one of their number, the Pro-Slavery party
was in a small and admitted minority, and
the co-operation of the Free-State Democrats
was invit4as the 'only hope of success—not
to make Kansasa Slave State; which .was ,
conceded to be impossible. but to make it a
conservative Democratic Free State.- Even
as late as the 3d of.fuly; 1557, when the
Democratic Territorial Convention assembled
at, Lecompton, in consequence of the'laws of
the climate and the well-known will' of the
*culla, none Contended - that- Slavery could
be established. there; nor was it until my
i,,Southern opponents interfered in the affairs
I of Kansas, and by denunciation, menace and
otherwiSe, aided at a critical period by•seve
ral Federal office-holders of Kansas, including
the Surveyor-General, and the President of
the Convention with his' immense patronage,
embracing many hundred s .emnloyees, inter
veiled, and as I believe withoutahe knowledge
or approbation of the President of the United
States, produced the extraordinary paper
called the Leeomptori Constitution. Yet this
act of intervention by the Federal officers to
defeat the will of the people seems to be suse
tained by my opponents,_ while.my interven
tion, as it is called, in obedience to my duty
and oath of office to support the Federal
Constitution, and to take care that our organ.
is law should be fairly exeputed by endeav
oring to secure to the people of Kansas their
rights under that act„is denounced and calum
niated. It is still more reinarkable, that the
hypothetical remarks made by me as regards
c limat e ie its connection
.with its influence
upon the question of Slavery in Kansas, after,
that issue had been abandoned there, which
views were for consolidating the Union be
tween the 'Conservative, the Free-State and
Pro-Slavery Democrats ; so as to prevent the
confiscation of the saran number of slaves
then held in Kansas, have been denounced
by Many distinguished Southern Senator,
who, when the Kansas and Nebraska bill'
was pending in Congress, and when such re
mark troth them, if ever, might affeettSouth.
ern emigration, were - .then loudest in pro
cla'iming that because of its climate, Kansas
could never becomeat Slave State. Indeed,
it seems that all persons in- and out of Kan
sas, whether in public or in private life, may
publish what opinions they please in regard
to these questions except the Governor of
that Territory, who has so little power and
no patronage. And now be pleaaed. to ex
press to . the President my deep regret . -as
regards our unfortunate-difference in Opinion
in relation to the LecoMpton Constitution,
and to say to -him that, as infallibility does
nut belong-to Man, however exalted in intel
lect, purity of intention or position, - yet if he
has corninitted er n ' - errors in this respect, May
they be overruled by a superintending Prey
ideriee for the perpetuity of our Union and'
the 'advancement, the honor and interest of
our beloved country.
- in now dissolVitig my official connection
with your department, I beg leave to tender
to yOu my thanks fur your constant courtesy
and kindness.
MEI
• Freely
r = vote;
d unite
in luw-
11 ad
ik.s, ice
I, Pe
This
fonnid
by the
rev,-
.cry nu
it was
etueen
er.cost
my, or
- 1 did,
• xez tion
into
mpor
lation
no un
EIS
BrEIM
Effird
fortti-
ZIA
MEM
Icing
BE
Gov
ith
BEM
WM
MEI
i judg-
Tiyer
non.
t tude
h no
?Most respectfully, your obedient servant.
(Signed) • Pb. J. WALKER
KANSAS Simmiani.—The greatest shriek
ers for free Kansas, now.adays,.are the dem
ocratic papers that refuse to i follow the lead
of the administration. 'Witness the reply to
the 'following from the Washington Union :
- " But those of our Democratic cotempora
ries who object to the action of the conven- -
tion insist that the whole constitution should
.have been submitted to a popular vote ; and
because that was not done, they denciunce the
convention, as violators of- the principle of
Kansas law. . Will any one of our objecting
coletnporaries pretend that when the lianas
Lill went - pending,
.it ever was , -contemplated
Ly anybridy that the popular sovereignty clause
had reference-0 any other saVect than that of
slavery? Surely not. , Then it is a mere
" sticking in the bark" to Say that the con
vention has failed to carry out the great ob
ject and the true spirit of the Kansas law."
To this, the Chicago. , Tines, the organ of
Douglas, replies thus;
" The above queitiou can easily be an
swered, by_ asking another--viz': , the
Washington .litliou pretend that. Congress, in
passing the Kansas Nebraska act, designed
giving, the people of Kansas- the right of reg.
(ating slavery in that State and denied thou
all right to determine any other question in
their dumestie concerns' Did Congress in
tend to confine the right of "self-government"
to the single issue of slavery-1 -
.If lo,'vas
not the ICausaiWebraska act a gross swindle?
did it not deprive the people of • the right to
regulate ell otherdotriestic institutions 1"
.
• I
Bishop ltiglics has renewed his at
tack on the Common Schools ; tie dues not.
like the principles on which they were origi-
Dated, or are ocnducted.• , Itua lecturo deliv
ered a few 'evenings - •thee, at Nevi York, he
advised his peciple.not to send :their children
to,these schooli; he would have all theinsti
tutions of learning directly under the control
of the Church; ,
Govemor Stanton's Message.
An extract from acting-Governor Stmton's
message convening thd Legislature oCiCansas,
in.aidvaace of the time fixed for their regular.
rneetingOirill, be below. The- Legislti..
tare convened in accordance with thi_call'of the
Governor, and organized by the election of
Free-State officers throughout. The , Free.
State majority have thas, for the first time,
an opportunity. to earryont the willof the
majority under forms of law. This is a great
advantage, and perceived to be such by the
fire-eaters. They were therefore exceedingly
indignant at Stanton, for having yielded
.to
the just demands Of the majority, and, al
though he is a Southern man, and a National
Democrat, President Buchanan promptly re
moved him. No other oflunce than conven
ing the Legislature wes ehareed upon him.
Here is all of his .message that we hive
room for :
It is not intended herein to assume that
the people of the Territory are, opposed to
'the Constitution which is to be submitted, in
.a certain form, on the -:,lst inst. It is sari-,
cient fur the occasion .which now convenes
the LegislatiVe Assembly, and' for the purpose.
of this communication, that there is wide
spread dissatisfaction, threatening to disturb
the tranquillity of the people. If there bo
any means 'of" preventing the discord and
possible violence which are so seriously ap
prehended, as the result of the partial and'
imperfeel eleetion authorized to ho held at
the time ramed, under the authority of the
Constitutional Convention,-it is the solemn
duty of the Legislature to ascertain and adopt
the measures most effectual for that end.
What appropriate and efficient measure
ran be adopted in the existing emergency, is
a question not with Out dltlieulty. Some have
proposed a repeal Of the act of the last-Le,,,nis
lature,*under which the Convention assembled
and performed its funetiorm But inasmuch
as. that law has been partially executed, it is
doubtful whether an act of repeal would have
the effect intended. It is certain that if the
Constitution wet... 2 to be really submitted to
the people, and, they should ratify it by their
vote,: a legislative tepee!,
,between the dates , .
.of the submission and of the election, would'
not affect the validity of the sovereign act of
ratification.
The true purpose which, iq my judgment,
ought to control your legislation on the pres
ent occasion, and that which Is perhaps, the
most pertinent and practicable within your
power, is to provide for the regular and-le
gitimate exercise of the sovereignty of the
people ; on those - points in which the Conven
tion has attempted to trammel or restrain
it ; in other words, to provide for a direct
vote, under your own authority, upon the
adoption of the Constitution which : is to be
partially submitted, on the 21st inst., under
the authority of the Constitutional Conven
tion: . •
I have already expressed the grave doubts
I entertain as to the power of the Legislature
in any Manner to interfere with the proceed.
ings of the Convention. But there can be
no question as to your authority to provide,
by a suitable law,.for a fair expression ( - tithe
. will of the people upon the vital question of
approving the Constitution. That highest
net of sovereignty, the act of delegating ap,
propriate powers in the best form of words
and with the proper limitations, to a State
organization, so deeply involves the dearest
rights, and 'interests of the peOple, that the
very .safety of our whole system of self-gov
ernment demands, in 'all rises, but especially
.where any doubt or dissatisfaction prevails,
-unequivoeal ratification of the Constitution
to be adopted.
Perhaps a majority of the : people may ac
cept the instrurnynt now befo . re them, in one
or the other of the forms in which it is pre
sented by 'the ConVention. In . that case,
there could be ro ground .of complaint ; for
I doubt not the whole people tail cheerfully
acquiesce in the will of the. majority, fairly
ascertained. On the other Lind, if the people
should decide against the Constitution in both
forms, itrwouldnot be' possible fur Congress,
without a violation 61 all popular rights, to
admit Kansas into.the Union ender it. The.
way would then be fairly opn -fur the-pas
sage of any.other appropriate: - measure, by
virtue of which the people, relieved from all
former embarrassments, could 'elect their del
egates to a Convention, and establish their
own institutions, in their own way, in accord
ance with the provisiOns of the organic act;
and thefundarnental principles g self-govern
ment.
AFAcrious 111.0 Washing
Washin
ton U '
114021 thivizs the constitution ought not
to be sutmitted to the people of Kansas be
cause they are sure to reject it. TO almost
any sane mind that would be the strongest
argument possible againsl the constitution
itself. It says:
" would Choy (the Free State men') have
voted for the constitution Hit were the most
perfect one ever made ? Clearly not. - -That
would tend to fasten it upon them and. defeat
all future agitation which would • be death to
the Black Republican party. If the question
of rejection or adoption of the whole instra
lnenthad been submittcdoheir only hope of
continuing excitement would have rested in
defeating it alttogether, so as to leave the
whole field open fur future schemes of fact
ious .
Upon this the _National Intelligencer, good
authority with conservative . people every.
where, remarks:
"It will at once be seen that its refusal
to submit the Whole constitution to the peo
ple is justified amio .. the circumstances, be
cause it Was foreseen that a majority of the
pcople would most probably declare against
that instrument? This certainly is strange
logic in the mouth of an advocate organ of
"popular sovereignty," Constituti•ms, we .
are aware, have sometimes been ordained
without the formality of a populatsubmission,
but in these cases the formality was dispensed
with because it was foreseen that no popular
contest wonld arise over any of their provis.
lens.' The - popular aequiescence was implied
because apparent to_all. But in: the-case of
Kansas the brava argues that the.sime fot.
mality was wisely and properly dispensed
with because it was foreseen that a majority
of . the people; for ". factious" purposes, were
bent on voting down' the ,entire work of the
Convention. We have often heard of • fac
tious minorities," but this is the: first instance
in which we over remember to- have heard
that epithet applied to a nyjorily fur no other
fault than tha4 of insubordination to the mi:
nOrity,"
NEw DErn.artou.—lf the - Washington
Union is to be taken as a Democratic organ,
we must,revise and correct our dietiooarier,
its thus:
DzsmicuAcr—Depriviiig the people of the
right of' stiffrage,:when you know they will
vote against you !
gar The Wilmington (Delaware) Journal
states that a disease.affeets cows in that State;
the only symptom of illness, however is an
incessant lowing from the commencement of
the attack nntiLthe animal lies down to die
Lieut. Randolph, the oflicer - who pul
led Gen. Jackson's note in
,public when he
was - President, has been appointed by Presi
dent BuChanan, Superintendent of the Arse
nal r at Washington !
H r. Mrs. Cunningham and her twodaugh
ters are reported to be in fermi,
What the Herald Says.
Not beiiog among the admirers of the New
York IreVald, we seldom quote front its
but having lately heard some dour
political opponents Mil:ding to whatthe Her.
aid said, we have thought it might be worth
while to republish the follling,
I peared editOrially in a late - number of that
paper :
We have no recollection ,of a more formi
dable combination against any President dur
ing the last thirty years than this which has
so suddenly delieloped in huge proportions
against the .Kansas policy of Mr. Buchanan.
To the tremendous forces of the Northern
opposition camps, as disclosed by the last
Presidential election on this Kansas issue,
there are now added the Democratic contin
gents which have gone over to the enemy,
with Governor 'Walker and Senator Douglss.
The balance of power commanded by these
contingents may be conjectured by the sim
ple statement that, from the Boston Post to
the Kansas Lecompton Democrat, the demo-
cratic newspapers that have taken sides in
opposition to the Lecompton constitution
may be counted by tens and twenties.—
Prominent among them are Col. Forney's
.Philadelphia Press, the - Detroit Free Press
(long known as the home organ of Gen. Cass),
and the Chicago Times, the devoted home
organ of Senator Douglas. These sudden
accessions to the Northern anti-administration
camp with all their extensive ramifications,
are full of mischief, .disorder and confusibn.
They foreshadow the swift destruction of the
democratic party and a most terrible convul
sion among all the elements of sectional-dis
cord, North and South:. .
The revolutionary political movement. of
the last ten years have been full of the'most
wonderful. surprisc.s. .The running 'of Old
Hickory's private secretary on the same
ticket with Mr. Fillmore for the Presidency,
the running of Fremont as the Northern can- .
didate against the South, nd of Mr. Buchan
an as the Southern can • ate against the
North, are among these re arkable things.
So, too. is the election of son of Henry
Clay to Congress, as a demo rat, from under
the shadows of . Ashland. But the last of
these political surprises is the most wonderful
of all ; for who could have dreamed, in his.
wildest vagaries. that during their natural
lives Robert J. Walker and John P. Hale,
Stephen A., Douglas and. W. H. Seward,
could ever be brought together side by side,.
to fight. for the same abstractions, under the
banner of -"popular sovereignty
. ?"Yet so it
is. And - thus the all-healinvcompromise of
Mr.- Douglas—the. Kansas-Nebraska 'bill—
ht‘s pushed the Democratic party-tothe very.
brink of destructionond is mustering all par
ties, cliques, sections and factions to the most
fearful sectional struggle in the history of the
. Un ion..
The public mind at this crisis is in the best.
possible mood fur revolutionary excitements
and agitations. The demoralizing influences
of the late financial and "commercial Collapse
have sapped the foundations of .all political
organitations ; and the shattered t rank and
file of the democracy, with the remains of
the dead whi.T b party, and the dispersed Know
Nothings and the missing squadrons of black
republimnism are all
.adrift upon the waves,.
At this critical conjuncture of financial. ruin
mid political demoralization such a movement
as this Kansas rebellion cmthe part of Walker
and Douglas is quite sufficient to rekindle the
flames of sectional strife into a consuming
fire. It is, in -fact, the deliberate opening of
the last grand battle which is to determine the
absolute supremacy at Washington of the
: North or the South. We have seen from
the readiness of Hale- and Seward to throw
down the. gauntlet, that they are on hand ;
and from the readiness with which the glove
has been taken up. by Jeff. Davis it is evident
that he chuckles over. this new and visible
opening for secession and a Southern confed
eracy:
The book is opened . at a most imposing
chapter of the slavery agitation. We are
upon the threshold of a new epoch.. Years
ago our most populous and . popular Ptotes.
taut churches were shivered to pieces upon
these shoals and bars. of slavery; those reci.
procities as between' the North and South,
without which the Union is 'a mockery, were
almost annihilated in 'the camPaigri . of '56.
A Northern Freniont man last October would
have been as safe in the sacred streets of Pe
kin as in the streets of Charleston. And
now, with• all the demoralizing effects of this
financial revulsion upon us, unhin g ing all our
business
.relations,
,North,., and South; and
turning Over banks, credit, trade and indus
try into chaos, this great Northern . Kansas
combii;atien becomes, not a harmless passing
cloud,-but an impending hurricane, darkening
the whole land with. its heavy•shedow. •
A BErzt..krzo: , :.—The public are indebted
to Mr: Bigler. for his revelation, in the Senate
debate. of Wednesday, of the fact that the
omission in Mr. Toombs's . Kansas bill 'of the
last Congress, of any proviiion for a Submis
sion to the people of the Constitution proposed
to be formed under it,' was a matter of de
sign and concert among the Democratic poli
ticians who conferred upon it. The Republi
cans suspected the design 'at the time, and
charged it, but were met by indignant deni
als.- .11 is wow said by Mr. Biger that the
framers of the Toombs bill intended that there
Should be no submission to the people of the
Constitution to be formed under it.— Wash -
ington
• How TO BURN COAL.-It is maintained that,
even. at this late day, few know how to burn
anthracite- coal, and .we have already
_seen
that our fathers . had a diffichlt task to find
the mode of burning it ,at all. A common
blUndei-in attempting to: use coal is the plac-..
ing of too large a quantity in the grate or
stove at once. Coal, to bum freely, should
only be six inches deep in the vessel contain
ing it, and then,
.'if properly ignited,, there-
will be no trouble . •
f.
A PREDICTION.—As congress is now in
session and the Kansas question is fairly
launched upon its troubled waters, we pnt on
record the following prediction of Forney :
"The public man who tatters in this issue,
seals his doom. The Northern Democrat
who tries to make the Convention of Kansas
anperior to the people, and who advises that
the Constitution shall not go to.them for en
dorsement or rejection, FIKISUES' ins canzin,
FORZVER."
' SECIIETARY
ver, who has b
Stanton as
her of Congros
and since then 1
He acquired no
in which ho kil
Alta Califorai
pie of Californi
was heartless
TANTON'S SUCCESSOR.—Den.
n appointed to succeed Mr.
Lary of Kansas, was a men=
4:.
last session from California,
has been an Indian Agent.-!.-
riety in California by a duel,
ed Gilbert, the editqr -of the
. It waithought by'the peo.
that his conduct in that affair
Id blood-thirsty.
imr.The Le mpton Dentocrat;the organ
of the Adminis , ration party nt the capital - of
Kansas, earne,st y 'opposes the:policy adopted
by the Lecomp on eonvention;and eontends
that trouble alo a can 'grew out of it: Yuri.
ous Southern peipers.take the same view of
the matter. A inor.g them we may 'mention
the LonisVille, Ky., Democrat,' Independence
Meiteager, %,yntgotnerY,ll.le.journet;
Wdmitigton l Journcif, •
Astounding Developments.
Nser-HAves, Friday, - Dec. 18, 1857.
It will bo remembered that last Winter a
boy named Charles' E: Sage, about 19 yearb
of age, was missing from his home in Crom.
well, netteXiddleton, in - this State, and that
ap Irishman named Patrick Nugent was
rested-on a charge of murdering that lad, and
putting his body under the ice in tterConnee.
ticut River. In a few months afterward a
body was found in the river without .a bead.
This biidy was believed to be• that of the
missing boy, from several marks upon it, a s
well as from a portion of the clothing, Soon
afterward the lining of an 'overcoat was found
answering to the description of that worn by
the missing person. Somo;mnflais elapsed,
when a sailor named Benson came to Cram.
_well and directly charged Nugent, the 'lrish.
man, with the murder. He said he - saw the
deed done, arid. assisted Nugent in 'putting
the body under a haymow.
Ho described accurately the lad's appear.
ance, his dress, the color of his hair; &c., and
declared that he had -not - had 'tiny peace of
mind since the murder, and that he bad coma
to Cromwell expressly to diiitfige all he knew
about it. He confronted Nugent and charg
ed the deed upon hirri. The accused denied
it, but trembled from head to foot.
.A Grand Jury found a true bill against
Nugent, whese,time of trial was fixed fur the
present month.t Thus matters have rested
until within a few weeks, when the couilitt
of the missing boy, living in Ithica, N. y
received an anonymous• letter from the hue.
rior of Pnnsylvania, which he showed to his
father, a Mr; Williams.
The letter was answered, when another
letter was received from Pennsylvania;sign.
ed William Russell, which Mr. Williams
himself answered. He at the Same time ad
dressed the Postmaster, requesting him to
watch
-for the person who called for the let
ter, and describe him. 4' The Postmaster did
so, When Mr. Williams immediately left Ith
lea for Pennsylvania, and found Russel, whom
he discovered to be his nephew, Charles E.
Sage, the identical missing bay! -
A' special . Court is held at iladdam, to-day,
when Nugent will be liberated. The case is
involved in the deepest mystery beyond wlias
has been related. No one can assign any
reason for the perjury
,of the sailor. who
swore that he saw the murder Committed,
and there is no • information to lead to the
identity of th.l body that was found, and bur
ied as that of the boy Sage.: The annals%.'of
crime do not' afford a more extraordinary
case than this.
NEW liAvp.l, Fridey, Dec. x.
_ John A. Benson, the -sailor who testified
that he saw the murder of Charles E. Sage
of. Cromwell,
,has been arrested on 11.7 charge
of perjury, with intent to take life, and has
acknowledged his guilt. The crime will send
him to the State. Prison for, life. There are
not further developments.
A COMPENDIUM 9F NEWS.
. . . . Governor Bigler rose to reply to Mr.
Douglas on Wednesday, the Senate.=--
But the contrast was as if the lights of the
chandelier had been ; suddenly extinguished,
and a tallow' candle brought in to supply
their' placc. ‘ Pennsylvanians present hung
their beads.!-- Washiaitoa American: .
. „The:new Congress, it is said, presents
the fact that among the Northern Democrats
there arebut ten who hi - v,e cver before sat in
Congress. The South' pursues a- different
practice. Of the - Virginia delegation, for ex
ample, the average term of service m Con
gress is eight years.
Great Salt Lake City is laid out
on. a magnificent scale.. It is four Miles in
length, by . three in breadth; the streets'run
ing at right angles, and 132 feet wide, with
sidewalks 20 feet in width. Each building
lot Con - talus an acre and . a quarter of land';
and a stream of pure water
. rtinning through
the,city, is made by an ingenious plan, to
floi on each side of every street, and .to irri
gabo every lot.
. Some of the ; Democratic papers
charge. Douglas with being. "worse than a
Black Republican." The remark is truthful,
and equally applicable to their entire party.
.... The Philadelphians have•just discov
ered that bologna sausages are : made in that
city from dead horses. They have brought
the villainous sausage makers to justice. At
all events it cannot m justice be said here
after that the people of that city are "no
fudges of horse flesh.'i
: . We invite our-readers to the perusal.
of .Dr. Ayer's itdvertisements Which appear
in the columns of our paper. They deserve
attention as treating to what' interests us all,
and from - a source which, all have long re
spected. The Doetbr is well known as one
of the leading Chemists of this country; who
&Votes his great :acquirethents to the dis
covery and manufatture of , remedies for pop
ular. use. The unparallelled.success which
has folloked his labors is too well. known in
this 'coinmunit,y lo need any elucidation from
our pen.— Washington Co. Obseirm,
.... A Washington correspondent of ,the
Philadelphiii Press says: It is genet ally
believed that the Administration have sent
to Kansas .agents instructed to make, every
effort - to have the
.Slaveryielause stricken
from the Lecompton Constitution. This
measure has" given offense to the : Southern
mere.bers of Congress, and there are•ar pres
ent symptems of defection on their part from
the Kansas policy of • the Administration, as
it is understood in thb present phase-of4Kan
sas affairs. They a ll ege.that the Administra
tion in this violate ,the principle for which
they contend. Every day, it seems only
develops new complications in this matter.
...$, Tlie N. Y. Post makes: the following
"drive?! against our " Bachelor President."
" Great , allowances ought unciuestionably to
be made, for the ignorance Oa man, who, at
the ago of seventy or thereabouts, has never,
been a father or dhusband but when Mr.
Buhanan takes' upon to assert in a
Message to Congress, that Slavery is the only
domestic relation about which the people of
a new State ought tine consulted, it is high
time that position be taken against electing.
old bachelors to the Presidency."
.. The St. Lluis Perriperal reflects se".
vorely on the War Departlnent for its man
agement of the Utah expedition; denounces
it as " a premeditated
,murder of bravo men,
the sacrifice of thousands of lives," by delay
in starting. It is predicted that or.ly the
wreck of an advanced guard will -be left to
tell where the Army of_the West wintered.
The utter:failure of the Exepeditiun ie predie;
ted. The same, paper recommends the 'call.
log oot'of ten regiments of volunteers, who'
can readily be obtained ih the West l
the rangers, not the regulars, that are wanted..
. friend- meeting Gov. Reeder in
New York; a few days Since, •said, " Well
Governor, things are working."- "Yes,"
Said the Governor, "and, dri-you -- know, . we
think of - calling a Convention of the Govern
ors of Kansas in, order to coMpare notes, and
decide upon some plan to quiet agitation,.
and settle the affairs of kEleeding ;Kansas . '
The . fiet is,. the Government has got so Much
on its hands in removing the unfaithful, - de
generate-Democrats,- and then finding fit per,
sons tOt.II their places, :that we fear it cannot
Attend to Kaniaeaffairs.". - said his
lYiend,"l think you are likely. to hive a
Deetint."'
•