i ' -
1
jc - ir. , .FLFRAZIF.R, EDITORS.
1 N
, ,
F. READ
N 4. GROW
or against the constitution on that 4y: Al.
% 3,,
niceit eleven thousand voters protest d then
against that-constitution, as not em ,
ins
their will. On the 21st of December, he
vote was six thousand five hundred' and twe`na
I ogree with the gt ty-six, half of which.,has been proved fraudu-`
lent by• the investigating Committee ordered
, [111e: Pe} ton,] whi
arks, that there. shOl
t itien the
f e at den set'
i.„ .
by . the Legislature ; -so that not- moreethan
three thousand legal votes were cast for the
the.rights oh and. constitution at that titite, - leating . • a majority.
of from seven to eight thousand against this,
ler the preteetion of t
pu
nstitutiof. Yet we are asked to enact- it:
- blitaa s --•-• ,
By thithird section of the.foutharticle Of I
e,Oanatitution, it • is provided that," new
1
tides maybe admit' d by the Congriaas in.
thislinimi." Und e ttiat elstise eighteen
i rites' hare beeta add to-the •Vnion • since •
.formlitlon ; , thirteen a 7th - and 'five *ithout
set. of. Congress • tiuthoriiiair the 'forum; .
1
li iof a State.goYertinient. Mit in • every
rut° the organic law of this people, and to ina
stitute•ur.der it a State govern ment of officers
elected by fraud. We are asked-to east aside
this vote of the people on the 4th of January,
bkause theya.did not vats at the precediii
eleetiona.
Thatailection, it is said, was illegal, ShOugte
i it -is not denied that it .ex tressed the popular
hut that the people could not vote on
their cenatitutien at any other election than
i pliaation; whether midi or without an era- I will ;
b ing ects; the. fi rstintl,l most implortanCquei- 1
ti ti.. fur ilie.. - detertiihtation of CO'ngress is, -en -
tv ether the•Constitutinu presented, embodiesi-tion. It . was the same legislative power that
in its eiaeotial, features, the will Of the' peapic i i fixed the election of the 4th - of January that
t .I:ie. affenied - lay it.. If itadocs not, then it :
,
the one fixed by the delegates to the cony
piled the convention, with the exception that
shulde rejected; no "matter What, the i tu- 1 i he Legislature-that fi xed the election derk, ,
lb rity 'or Mode of its for - Mationa. The peal ed its power froth the. eople, while - the one
pl of a Territori have the right, - like- ant'. that called the convention was a usurpation.
otter port hat ,Olaie'A merican . pie, under I Be t . treating them both as .valid, the last one
thl.first • elans - e . of 'the tintendni nts to the
righ t
t,
had as much power. as the first; and was the
-. nstitiitiOn, 16 petition the-Government at
a l times, and it is in the'discretienary pUwerd
o Congress' to grant their prayeror not. An'
e s oling !let, is not, threfore, al/olutely ne-
/
wry for the people Of a Territory before to
legislative power of thegerritory a and must
continue to be till it is superseded be some
goiernment, with the consent of Congress.—
tied! that time it has full 'legislative posier
to enact, repeal; or ntedify any existing laws
S. ate geverainent, in order to ha admitted vention prevents that, then, in 'the- language
.ar meta' is esta Itshed by doneress it - g oy I territorial gevernment would be sup
t y can proceed to form a constitution and '
in o the Union. - 'But a is the territorial goy
. superseded, by ' any b 1.,
bl
orb government of the Territory , and if the Lecorhipton con
of the President, it would be rebellion ; - for
dad without 'the coesent—of•Congress. Why
. . ,, . a , cannot, . erse- •
av'thoot the, assent of Congress'. But it. is not
te terial, :though it May, b e - mote regolar, -.
,1,
ether ,
that
sissy
bef, given berme or after' ; does he not send his army to pet:down this
constitution and its supporters,. as he did to
put down the Topeka party on the 4th of Ju-
th action sof thepeople . of 'the Territory. '
ly, 1856? if the Territorial ' Legislature does" -
I take this.eecasiain, iiri passing] to express net possess the Legislative power of the Ter
obligations to my colleagtte,; - I[lde. Phill- I iitory, then the people have parted with their
i ,l'for the notiee..and imp .stance Aich he .
a tamed to my views- on thie•pointlexpresi.
3
• by me in the-last Cengress.• L 1; die qttot. sovereignty, irrevocably, for four months, or
until the action' of Congress on this constitu
tion. ' If so, they c.),uld as well part - with it '
them with appreval,,l am rejoieedato know 6rever, and thus your reasoning would,sub.
' t he and his political • aseociates -still, ad-e
re to one doctrine of; the •Jack So - Dein.o& i 'P ent '
cy,. and I hope 'that they may I yet returns! '
. the principles and teachings Of Jefferson I of : Januar y
a d 'the fathers of American Democracy. •
f nn which; within the fast few 'years, they
li. ve so widely straYed. -
''The great, question which pFe.aents-iUtilf in
a
---; s case isa'does the cepstitution. meet the .
, vent all the'maitims . of ours yStem of govern
-
The time sod mode of voting on. the 4th
wits established by the legislative
I authors of that ,Territory, an authority as
tevalad and as legal as seas th e iame authority
.. -
.. in calling the convention . . his argued !Init .
though this constitution does not embody the
Will of the people, yet they must - submit to it
ar Ilof the people who are-to be' affected by it 7
t 1
of
Government because they did,not vote before its forma
`..at has been the first' and the metro-fling den, though they did afterlards. his a new
'I esti ( li in theiction of Congress on every and a s"3"g' doctrine that the people qf dais '
country, who are the depositaries of the sod'-
:I plicatiois for a new State in the history
ereigmy of the Government, have not the
-he
e . In the - case,of Aticlii - gan, ,-
mine here against ' ; the form
_prescribed ! right to vote upon-the same s subjeet to-mew
' fits her 'action ; yet Cungress 4ot;IF the - ,
the people, and set -aside all forinalit lea - ' q''-1:, . his "ac 4.lllvatiAlOaaied•&e&lmm `-tr . 1
- lei the v as e i u p oi , ,„.1, 4 1, ;,ee psti i now cal.led t hen
choose • and 1 grant seou that when all
. 1
o ati.::we have sal the form of, :rept-Ist:at-
.have the ''' lof • ' those•ll du
prrt 1 cu., yotirw, , A 0
;ior presented by one tinunand the argutnent ;
_ 0. _ .,, -
t % te must submit to the action of those I
f the President In its fever • while the 'peg- ' "a
t do But %hen the majority do vote s I
i- o• Ka n sas , win - , are , to l ' ie.airectitd by it, -`'" "-' -
1' L•' -, • . 1 u • ask vow where .is the reason for - iliriiing a
•, tetes:t against admission iota the mon un- „.• a
deaf ear to their voice 7 - It people with
. sr it, in every form by which they can make I
. , ' .. . • 1.. I hold their votes at a primary election, does
heir will know n.
I that deprive them of the right to vote upon
• •
• The entire history of the Lecntripton Coto
the great question et what shall be their fun
titution proves that a large majority of the
I damentel law? They did vote on the 4th ,
• teople Of Kansas:are opposed to it. ''k'b es-- ,
of January ; and.why disregard the will of
• dente of this fact in. the • .posseasion of the ,
people fully
expreased at the ballot box 7 ;
_Clouse, is the aemotiatriince tit , itss citizens, th e
„ This is not k questiOn of whether the minoth
aid upon your table.; Got. Walker, in hai l , T his ~ , t he a , • b ecause t h e
' tv tame centro.
,State
major
ettes to General Cass, says: . 1 .. • •,.-- 1 -
' • ,- i i ts have not voted ;- for in this case they went
• -1 state it as' a fact, based -on lon„.7.and in- i -
•to the p olls and did vote. But you say they
imateassocititiOn with the pe0p1,,• , 1 - .f K
shall no, ansas, i . • vote to-day, because they refused to I
hataiti overwhelming; majorjrariof the pt•ople ;
.h
. • vote. yest erday. Thai is .a matter wlach does !
.are opposed to that instrumeut i.2tri my let, I
`' .. er's State. that but one out of twenty
reia of Kanals ;ustiiins it. - •l• * • *
of - the not . concern you.. The ; people' themselves
are the ones . to decide under whaacarc.umstan
'• 1 • I see they lc ill s 04 4 or v. ithhold their votes.
o thirielvesaunderybe itifluenele. of the pres- :i'' vote d
• Constitution upon the people of Kansas,
lie theeffort to anbitituteathe will, of a small
minority : f or das• - . of 'an. oeerwheltning major- , ,
ity or the peOple, of Kansans ” ;,.• • , i -•
• '
of the
eat
at whichexpression a . - fair,
A c will could he*given.
t•the election fur the call of a ... conventiop,.
; the•test oaths
. were upon the statme.books of.
t. Kansas %%inch' svould disfranchise all who
" indeed, disguise, it-as we... may , ~e, at-the fi rst election he'd in that
excitement, the facts will' s demonstrate i
that. any attempt ' b% Congress to force this 1 Phbi
.. - would not submit tv degradation ; all the
1 tests and laws whiehavere declared by Geo
. Governor Stanton:•coeroborates this state . . ! • -
• • • a • --- - eral•Cas.s a in the Senile., to be a "disgrace to
'Penland acids': - s ' a _•
. . . - -1 •
"It can only be maintain . e..d by the s arma of I t he_ coun t s y:'• Senator, Bayard
the age and
shl ,
~
~were" ec the -.iinito . ,
moral sense.
the'YeKval Government fortify* the eons' i. said they
-• ' - I and Senator Weller that they were infamous
tution,upon, the People- again -their declared - , • a. .
~. - , _ .
s in. their character,' in v . i tatatn ot the . L;on
will, "arid - against every . prineiPle '• of republi.
I stituthni;' and "re •otung to every feeling ef
. .nism,sletnetcracy,,rielit, and: justice."
I nanit • " Mr • denounced them as
" The state officers. -elected on - the . 4.-th of j 'o' 3:- • Clayton .. ,
'.` unjust ; iniquitous, oppressive, and Intaniotts
january list, under', this constitutionsyrotest
- in the following language : • ' . •I
These test lad were .
s ere thus denounced upon
. ".`Vic, the o ffi cers elected under said 'Con- 1
the -
, floor o f th e Senate of the la need States,
. ' stitution 'do most respectfully' and earnestly I:-
,who could. not be charged with la
priy your hontrable bodies not •to admit I. by met' . •
No one. then , could vote for mem.
Kansas into'.the.Union under said
. Consteu- I n atiei snyr 3
convention who were not ready
hers of the .
• tion. Ad thus force Upon tin unwilling people i •
• ' to ,submit to those test oatha ; and but 2,67 Q
an oraanie:llaw against their e.iiiress will, ithd 1
votes were polled tor;the constitution, thoug h
in violation, of every principle - 4 popular I
" •' • .- the Delegate to Congreo, at the same elec
. ,
guvernment.f . -
Lieutenant :
..' Siened by Gove rnor, Gover- , ,
' I . tion, recKeed 42'76.. These test oaths were
r led it is true , before the election- of del
repea . . , . .
•nor, Scott:eters,' of State ; State Treasurer and i
1 egatm ; but in the eleettoo of delegates half
Auditor.
.._ ' . a • • '..1 - counties were disfranchised, and that
Thisapemolial was leid on; table with lof thee ~
of ,theirs• Fifteen of the
no fault _ •
- an indetsement of its truth by the Delegate 1 too- Y
~ . I courittes were entirely disfranchised, and four
,
from that Territory. . - ' I - • I
I .Governor Walker in his
1 ethers _ ,
. a We also have die resolutinn -of the Legis
e G eneral Cass of the 15th December ,
lette i te
. 'lathe 'Assembly_ of tie - TerritorY, passed
. unanimously on the ligi 'day_ of its session, t B5 , 7 *U s '
. " n nineteen of these countil there was
whichis - iii these •Words : ' .' .. • , no cenau - and therefore there could be no
"That we do hereby, for the feat time, •
_,) -'s . .• 1 ,
based
i apportionniept there_ ofdelegates,
telemnivsprOteit :against the, admission of
.1 . m a '
d la sucheensuss An d; in fifteen of these
&nabs into the Union under the Lecomplon -P ° 1. , •Ia , a . a a
ceu . nties there was no • registry of voters.—
.., constitetion ;- that we hurl hack, with scorn,
TheSe fifteen comities, including many of atm
the libellous charge contained in' the message
tilde-St organized I . caules of the Territory,
. --
of tresident accoinpan vine - the •Lecomp
- ton' Constitution. to die effect -.that the tree-1 w e r 'l ent irel y 4isf!:" , sed, and did not . give .
'mep of Kansas' -.are a lawless ipeople ; that, re
and Vey . no &tilt oltheirasawn) could not give
Ivirl upon-thejusticeol our • • • a a soitutty vote'foi.delegates to the . conven
. a ~ - • .- - • •
13 • * *• * * •
herehl, in behalf Of the pees& we re -• fa b c ' n • . '
• . . preseia . a a a a tirte ri_
en counties out et tuirty-Zur, there
. selernnly pledge ourselves to each other, to . • - - - . '
- our friends to Cotigress and in the States,
• our lives,wee Ilea registry, and not 4 sobtary vote was
our fi n / tines . an d our aacae a b on. givep or-could .be given for delegate to the •
• or. to resist thelero . Mptn i
oCobatituton and,
. convention in any of these counties-" , a
government by th:e force ornrmia,'"if neeeteta- Gov-. Stanton, itt corrobeeation of tbiastate
ry ;that ~ iii ti;icperiltius hohrof our history, - meat, in his address to the people of the 1.1
• ni-,
.. we appeal to the: civilized szorld Air the rec- ted Stat e s, says :I .
• titude of ourpeeitioni: and call • upon the "jibe registration required" by law hadbeen
._ . friends of freedorn everywhere to array them- imperfect in all the counties. and had beets
- selves . against -thqlaSt act olOppression in the-I. wholly omitted in one hag. (~ f them ;• nor amid
• Kama diarna.'' - ', - ' I - • .• . the ;people of, these distranchiaed counties
.
, - Thus havetheYspraleated 'in . seers form vote to any adjacent couniy,as'hu been false
' kuowit to_ the organism . Of e' r our Government. ly ,suggested:' . '' .
And laat . of alttbey,:prtitest, at theaballOtabox But it has been urged. by, the advocates of
with over ten4.beesand, voice - aa•-a--,On the 4th Lenompten, • that the .disfratteliikement of
'of January litet,ivete was orde'red .to bik . tak-. theie counties. was the fault, of the miters, in
en tar and - against ihis,Censtionian by the not, being registered ; -that after the - cenaus.
.1 Legislature, which ia recogelied as valid 'by -was Liken, en oPportunitaawas given* fur cos
-- . - ail oartica in the TorritorYaandally the Pres- l recting.the list. But bow correct-a list where
ideal, in eleailariei to Governor DenVer that - 1 there is none 1 and the coterie who .were dirs.
the. people moat be proteetc„nd - is yofing - . fkin t franchised had no opportunity to put them-
PKgCH fiF H
ientalives, fan* 251 h,
'sion, of Xuisos.
intlernan frlom Kentue.
o has just i lbsed his re
ild be no distrUst .he
:
tions of tli , Union. that
sit ire not secure un-,
le - Constit talon of the
, .
1
tie Hogs of I?epre
1$58; on .the Admi.• .
OM
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.
MONTROSE, T lIWAY,' APRIL. 8,,1858
I ,
1.
selves i ppon the liS,
and no correction:
•
was nia : registry. •
_Mr.lolemens: • I wish to ask the gentle
mant if the law d" a not require that the lists
shall he posted-_u in a conspicubus Placa 'ih
•ch cOpnty, in 9r er to give the ,ilople the s ,
right aiid power b ore the proper authorities, '.
to hiy# their na s inserted'? Arid in ad-
dition th at, did not, in four of those comi
ties, yloor party- nterpoie •every obstacle
agains taliikg the ,''ensus, end interfere with
the officers, whoie duty it was to take the cen
sus
'? 1 N i
. ~
Mr. Grow .— you correct a list until it
is made I Theta W requires it Copy of the
lists toi be posted. alid , then they could be
corrected. ,I will read\the law which requir
vib
ed s thecensus and • rogisratititc- passed - 19ib
Febru ry, 1857, hich pides that a cen
suslshall be taken y - the Sherifrof the sever.
al counties ; and j case there shall be no
s6riff
casethen by tI , probate jud ges of the
courts. and in of vacancy in he office ,
of both sheriff and probate judges, t e_ Gov.
ernor qo - appoint s me -competent resid%or
said county: The duty of the census-iak ris •
thus prescribed by the third section of
'law : i . - \
"It 'shall be the uty - of the sheriff; probate
judge, Sir person a pointed by the Governor
as herein provide in each co unty or election
'districi, on or befote the 10'day of April next,
to file n the office of the probate judge for
such c9unty or elqctiOn district, a full and
complete list of o'C:he qualified voters resi
dent iii his said cOisnly or election district on
for no registry wail made,
could be made while there
il, 1857, which list shall
legible hand, the names
ere •
the fir 4 clay 0rA . •41
exhiliiti r in a fair
of all speKiegal
And in the lift
that,
section, it, is provided,
"Said probate j dge shall remain in ses
sion each day, Su, days excepted, from the
time of receiving siid returns, until the first
day of March naxt at such place as shall be
most convenient Ili the inhabitants of the
county or election district, and proceed , to
the inepection of st id returns, and hear, cor
rect, arid finally d termine, according to the
facts, without unr nable delay, all sues
tions co ncerning t omission of any person
from sa i d returns, or the improper terertioa
of anyMamt on said retu, and any other
questions affecting e iitegrity or fidelity
of said returns ; a d for , this purpose shall
have power i,:isten.eiedweaiaitexitrairs
witnesles, and com el their attendattee in such
manner as said ju (re shall deem necessary."
Now, unless a turn was 'made by the
census' taker to he probate judge, there
izl
would ,be no list t correct, and of 4 course
there was no Neff or the voter to be register
ed, and
. if not regi tered , he could not vote.
Nihe those filte n counties which were dis
franeluad. gave a vote on the 4th of Janua
ry, as certified tr. 1... tz..,.--.eo a enty-toui
sgainsti this constitution.
Mr. Clemens. As the gentleman from
Penns) Ivania in ii :thing a fir argument; 1
4,1 1.ep
desire to ask anotker question. ut it to
thC gentleman from Pent - my lv is whether,
in every county in which a vote was taken,
or in Which a regi,try was not made, the ob.
staclesla aga inst taking a vote and makitig the
I
registry di d not 4rne exclusively from the
free-Slate partv ol Kansas'!
Mr.l Grew. "Noi Sir, not to my knowledge;
and in fifteen of bow counties which were
totally Alisfranchi ed the people of those coun
-1 ties were re no way in fault for no census being
taken tijr.. the offidprs required by law to do
it ; and if therei , as one taken, then they
could i not vote, a 4 I have shown. The : pc°.
pie ofl some of teem, Anderson county in
partichlar, petitilned the Governor, stating
that No census hi been taken; and asking
what they should do. He told them he had
no poiwer to remedy the ornissmin, butadvis
ed thiim, to go n and elect delegates, and
that the convent n would undoubtedly re
ceive them. In nderson they did elect del.
egatei, but the nvention did not receive
them.' I ... N
The votes poll d by the
t free-State men in
nine f`these di ranchised co u nties on the
4th o January ; ne -thousand six hundred
and twe'.nty-four' is almost as great as the
whole tiUmber ofi votes polled in thiseTerito
ry fo ., the electi of delegates to the con
vent! i n the eve age of the vote on delegates
being about eigtfteen hundred. These poun.
ties *etc r.ever ;lathed to any other coun
tiesi
f rlthe pur t
use of electing delegates to
the c mention, hough they were attached
to of er counties for the purpose of electing ,
mem ere to th . Legislature. One half of
the 'm `.
nties of .snsas, then, had no right to
1 vote tall for delegates to the Convention that
Gam di this constitution, and that, too, by no
fault) of theirs; w hile the census was very
imperfectly tak n in the other counties, by
the intentional mission of free-State - men.
The Delegates tom Kansas upon this fltior,
I the Mayor of t e city of Leavenworth, and
many other of he most prominent free-State
men , were omi ted, in addition to whole free-
State settlen, nts. Under the pretend
sub ( liission the Ist of December, there was
no
, pportunit for an expression of opinion
on the constitition ; for nothing Could be
voted on sae' the future importation -of
slav6, and tha only by swearing to support
the bon stitutio itself, if adopted.
'jut I.pass o , having shown conclusively
from the recur that the people of Kansas
never b a d , unt I the 4th day of Jansary last,
fairLopportunit , to be heard upon the forma
tioti of this co stitution, either ir.,, calling the
orktV4Miion, -- orlin the election of delegates.
Thi only timel they could vote was on this
4th of ,lanuary and let gentle Men upon this
floor insist . because. they did not tote. be
fore, their vo . then are of no conseqietwa
ittr, by did ey not vote before I First, on
• . i .
Le
axiom* of test oaths' it the time the goes-
tion of the co vention was vifed on. Next,
when the del. ateatd that conventio, were
elected, more:ihan half the eouuties were en
tirely disfran .iced; and *ere were a large
number of th free-State patty in the other
counties who . uld not vote. Yet it is ask
ed why, uncle this state of things; they did
not go to the , polls and vote I These facts
wOuld be auffiefent reason of thetneelves
for their tits fining from voting ; but in ad.
dipon ley -
ere assured that they would
halve an opp rtunity to, vote on the constitu
, dim itself. , hey had a right to expect it by
every consid ration of fairness and justice,
whether the , voted fur delegates-or not. In
the State wh' .11 I have the honor, in part, to
represent; s uld the question be submitted
•whether a naututional convent ion should
be called or tot, I may stay froin the polls
• is submitted . ; but _when
amedi and desire to
t justice under our-sys
excluding me from
•usen have quoted
•
is not necessary
(, ; We have
It Never4emey
~ ,f tW,; and
''o
7' •
E. .1 on -my
't&
44,
when chit qui.
the constitution is ,
vete On it, where is ti.
tem of government of
voting upon it 'r Gentl.
precedents to Show that if.,
to hay . e4 radon the constiin,
been told that the amstitutio*
and other States were never et
that therefore Unwell, no need .
a constitution to .the vote of any pi
The gentlerritultnnt.rthodli Mal
left ; [Mr..llrayboti,]Vegreeentslalitatt
for nearly-two .eenttutiekitadz i' , chatter
Charles the Second as its tituidittitten,- i.,
never was voted on to: the.tplibple, and' 1..
over.Oune quarters irf,twatteitutr.deter ;the
Declasstion.oHndenceit ebritimied..z. to
be the organit.lirw ItNirdritirifThe
argument ii,:the,t that being so; .there is no
need of-the people of Kansat;-,vot4,in theif
constitution. New Jerovnever voted in .
her constitution ; -theriden, , eay these . prey* :
dent•ffriders, w h y shOuld thesptile Of Kan
sas be allowed Co vote bn theirs.? - Iteach'of
the States of the _Union had to-daY a -conati
tution that was never submittedto a vote of
the People, bit was acquiesced in, fts - flittmed
by the delegates,, would that be..stiv
,reason
Sthy, when there are two great parties in a
te, differing on fundamental principles
an to- their proposed -organic law, One
half o the people ought to be deprived of
the ells ce of voting' upop it? We Often
pass laws ere by one vote, or no Vote at all,
because the is no differettee of sentiment
(
on it, but is 1 t any reason why we should
not have a ch. 2 ,to vote when we do di ff er?
When there is a general acquiescence 'y a
people in a constitd 'op, thenit hr of' no con•
sequence whether it subrditted or not;
but when a portion o the people demand
that it shall be submit - are they- to be
told thattluti ire not toe reise the right of
toting on it, because some of , people did
not wish to vote on theirs?
There is no precedent• a--constitution
being put.in farce, in this-Country, without . a
submission to a vote of the peopie, if any
considerable portion of the& desired it, or if
there was any great diiiersity of sentiment
as to its essential provisions. That in - such
a ease it is not necessary_t.o submit the con
stitution to a vote, is a doctrine assert - 01 for
the first tithe in our history on this constitu
tion..
*ed .-- Whit a i p s - eo tti p e i
e d_i b ff;r a en d ein dei
po i n al*
t,
,o a rby bei ng ps.
=nominal e
rtaresentatives, whose acts are beyond the
upervision of the constituency 1 -
policiesare such a t d,
uponoo c f t
t r
h i n
thei
s e
i ci:i st b - l a ii k r s 3 be •
0 f . w es t ::
e b in a l i g ro y h n e d nu b i e l
thewell
ask l :
and Bosporus, or on soil drenched by martyr
blood-in its consecration to freedom r The
disregard of the will of the 1011. -1:--,.7+,
rkelliiitititr odious with that. of Austria
or any other tyranny. -
The peel eof Kansas - hat] a right to expect
that the constitution of the Lecompttm con
vention Would be submitted fur approval or
rejection, not only by every consideration .of
justice and the universally recogn?ied maxims
of free government, but by the pledges of all
who were supposed to have any control over
the matter. .
- Him could the popular will be so well as
certained as by an election 1 In no other way
are you sure of embodying it, for the• reason i
which the President, in his• annual message,
states why &constitution should be submit,
ted:
"The election of delegates to a convention
must necessarily take place in separate dis
tricts. From this cause it may_ readily 'hap
pen, as has often been the case, that a ma-.
jority of the people of a State or Territory
„
ars.un one,s* of a, question , whilst a major
ity of the representatives from this several
districts into which it hi divided - may be up
on the other side. Ttlis arises from the fact
that in some districts , delegates may be elect
ed by small majorities, whilst in others those
ordiflertut sentiments may receive majori
ties sufficiently great not only to overcome
the votes given for the former, but to leave
a large majority of the whole people in di
rect oppivition to a majority of the delegates.
Besides, our history proves that influences
may be brought to bear on the. representa
tive Sufficiently powerful to induce him to
disregard the will.of bis constituents."
• The Washington Ukfon of 7th July, 1957,
held the same views as to the t duty and 'plc
priety of the constitution of 'a people being
submitted to a vote if desired : ... -
" Under these circumstances, there can be
no such thing, as ascertaining clearly and
without doubt, the will of the people, in any
way except by their own direct' expression
of it at the polls. A constitution mot subject
ed to that test, no matter what it contains,
will never be Acknowledged by its opponents
to be but a fraud." * * *
" We do most devoutly believe that, un
less the constitution of Kansas tie submitted
to a direct vote of the people, the unhappy
,controversy which Juts heretofore raged in
that Territory, will be prolonged for 'an in
definite time to comk" . .
Governor Walker, everywhere in Kansas,
pledged his-honor, by the approval,* hi
told the people, of the Presldent and his Cab
' ineti that the constitution shoild be submit
ted. Without stopping to refer to his inaug
ural, in which he is most emphatic on this
point, I read from a speech of his delivered
at Topeka, on the Bth of June, 1857, and'
published in the Topeka Statesman of the
9tt : •
"At the tiext election in, October, when
you elect the Territorial Legislature, you — can
'repeal theseittwe; End 'you can, also, by , a
majority of 'your cern votes; adopt or meet
the constituyon Presented for your consider
ation next W (ilt.yot not peaceably _de
cide tbity4ntation in the 'mode , pointed out,
by the mot of tongress, if vie,. as yeti . 6tl"
and will„have`e full 'opportunity of- record:/
ing.lour 'iotp 11, f r A vice, ' Row are we - to
get An You ii,ill,get it by the convention
submitting the constitution to the vote of the .
whole people. [A voice; ' Who is to elect.
tbe,eoe!ventionl That is thew-and queistionl
Gentleman, it is a capeparatively srruill.point
by wboni..tbo _ constitution is submitted.-r•
'
Don't lit „us run away after shadows.. Tlio
great substantial point is this : Will 4
whole iweinis of Kansas mat fall, by a „few
electi( . T j impartially and fairly conducted bv.
impartial judges, have an opportunity to de
-1 tide for themselves Whil:d shall be their Pin of,
gotirmiteik and what Oen be their coeivklin - .
stitulions ? I say they iitt ; but Igo a step
'
farther./ [A voice, !Have
ICI have not the power to
Ihn,Convention will not do
in lawfnl opposition to o th .
.[Cries of ' Good 17_' Good l
4-412; 9rolnhso- , 1 4 .444441, -
:0140 pr0..7 •.
. 74glie PrPtaise l 4 , ler.e ki
heritative form,; Int,
-trice of free g97ertlPlPttal
Aalkhavefia.tippottopiy,
garfic. law; and P.Pft,. the y
'P1.449a of the P4 11 ,Y4° ha
those pledges. And -yet;
avre:Atentrittt bpi '.kies.' 1
•
In hisiatielturnoeirat
15448:55T,1ia - . :lip : . '
' • .0 rEat ifisitriectlon and 'e
\
i (, i ). ) : four,- ;throughout 1
aloe , prevented :by the to
me' ,tlinstoccations-1 an
ple,'a nduning revolutima _
induce by me to go fur
general d peaceful electi
Here, . chairman, w
those men whom the Presi
fore the country 'as oppose
der, and all fortni of civil g
:when veii . civil officer pr
that they should have a fay
and that they would not be
their right 4 by fraud and
had been.befme in the wh
sas, said that they asked n
that; andey Went to
your — exec liv e
exec o fficer, to
bad he b&n permitted by i
keep, there would :have be
ante in Kansas. -
The Government told th
portunfty would be - given t(
would have the privilege of
and.voting tor or against .
xet that right mil; denied tl
piit now on consummating
These men Whom the
taigned as traitors anll re..
not to have the rights of fr
eted by the simple decli
should have justice. All ,
then,sand they follow the ei
by Governor Walker to psi
you could have pacified Ks
utes, at any time within the
by securing to her people
from- fraud and violence.
asked. I will read you fro)
that came to the President.;
falsifies-the truth of history
these men with rebellion at
have done what American
.the.blood that runs in thet
to the great heritaget wh
from their ancestors, shout
never submit to, a usurpati
cal rights. They believe
The President cannot fit
instance of the people Of K
the laws ot the United Sta
refused to obey. the terr:t
They said, "we will have
it; you may go.on and a.
please-, we pay no attenti
no tot eible resistance.?
Whaewas "this governs
&dent says would have be
if he had not mai
Army of the United State
ry, in'his dispatch to Mr,
9, 1556, - (Executive Doe
sion:tbirty-fourth Congre
gage 88 ,) says :
" I find that I have not
against bands of armed r
whose sole aim and end i
robbery, infatuated adher
- of conflicting ,political se
institutions, and evil-dip
ated by a desire to obtal
but worst of all i -against
who have been-placed M
employed all the destruct
them to promote their o
eats at the sacrifice of ev
and lawful consideratio
time to gi v e you a brief
I find them. The. town
now in-the hands of am
who, having been enrolle
trate.outrages of the mos
'under shadow of aulharit.
government. Within-a
have robbed and drive
unoffending .citizens; h . .
killed others in their ou
len horses and property
of employing them in • t
They have seizedperson
no offense, and after s
their valuables, placed t
sent them out of the Te
Same document, paw
Intosh, of the first caval l
acting Goemor at the t
• "It is a.n.ttorious fac
band who originally cal
ry with Colonel Buford
outrages, and I can say,
there are still small par
in the Territory acting
manner."
" Great complaints
me of the stoppage of
the \ road, and in a great
beries have been corn
These men are some
grants that went from
Bible instead of Sharp:
' Same document, p,
ry, Ma despatch to Ai
16, 1856, says :
"The whole countr
ssi with armed bands
all law at defiance, a .
to - place, assailing %ill.,
ing - houses, destroyi
women and children,
eattliand horses, an.
.men. in their own dwe
Tile such was th
Itt!'the.se wrongs
we i
luquiescence,',lf not I
ministralien,, its sap
dalli4d;upim_tho voter.
gurl-r o 4: from
,nieetlYtg; it INfi
' peinfoCiats Wh
kut learn < the fee
qrs p ytltt is
a
W , tilSe r 4,
nsiettion.
to th u e contra:Y . ' aotw
Governer Geaty,i
Legislature, Ike .
IDO lIRM 29 -
" Tbereit niet,:a - Angte °Seer in. this Terri
tory amenable to the people or to - the Gov
.ernor ; all baying been appointed by the Leg:
baster" aod'holding their offices until .1858 .
This system 'of depriving the -people of the
- first exercise of their rights itannot be too
strongly ccmdernned."
Governor Geary, hr. his farewell to. the
people of Kansas, givei the futlowing picture
oflts condition :
you the femer 1 1 ]
1. ring. It about., if
it, I will join . you
s ir,proceedingp.=-
We hold.sou to
Ibe asked isiser
eti in
: the most : au.
the genera:
that Our people
tin their sir,:
had" the o pasitive
authority togiye
:Initsutillice, they
•
' --:ofiDecember
" 41 .1 ieathed'Kansas and; ints4eiri Upon •the
discharge of my official adtiee id the most
gloomy hair of her hiatori. - s " Desolation and
ruin reigned on .every hand. Homes: and
fireside', were deserted. The smoke of burn
ing .dwallings - darkened the atmosphere.—
Women and children
mem flee
z t.
~emst . w,akup;ed. mtgs. ,thopr*ies and this,'
the woodlands, or sought refuge and protac
tiotramong the Indiatrtribes.' *
* "'The great body of the actual chi
izenirtire conservative, law-abidiiiaand peace.
loving men, disposed rather - to make sacrific- -
es for conciliation and consequent peace, than
to insist fur their entire rights, should the
general keed thereby be caused to suffer."
^ vii war. pyta...3
e country, were
rse . pursued by
the whole pen
ry violence, were
first time, into a
•
.re these rebels—
cot arraigns be
to alI tev and or
vernm en t ; who,
laitned to then,
chance to vote,
Cheated out 9f
lolenee, as th 4
e history of Kan
.thing fairer than
ie polls holding
-is word ; ,which,
the President to
''-noir tie disturb-
Territory,
Governors ryail
telitila sa th v e e recur em n e ed from that
story
to the
American 'people ; that is, that the tights ,of
the people of Kerisas have all beim trampled,
in the dust, the ballot-box violated, their
-houses burned, their presses destroied, their
public buildings battered down by the United
States cannon under the direction of United
States lacers; yet in the face of the unani
mous voice of those men who have been - up- I
on the ground, seen with their own eves, and
heard with their owii can, the President and
his adherents insist that they know best
what is the condition of Kcs1 : 111113 anti - the will
of its people. , The Presiderit sip that tte
free-State party has been rebellious because
they have retuned to .siote. Sii, the' free
'State party, in Kansas have atever refused to
vote, when they had 'Oak opportunity.
- Wk . )? should this great fraud upon the.
rights of a people be consummated? What,
reason can there be toe so great a violatioh
of the, principles of free governroebt. The
only reason urged by the advocatesifor sus.
tabing,so glaring frauds upnn popular rights
is, that it will give peace to Kansas, and end
the political agitations of the pountry.
Peace among a brave peo \ ple is not the
fruit of injustice, nor does agitation etid by
the perpetration of wrong. For a third of a
century the advocates of slaveiy, while exer
cising unrestricted speech in its defense, have
struggled to prevent al fdiscussion against it.
In the South by penal statutes, rnish-law, and
brute force; in the North by
,•dispersing as
semblages of peaceable citizens, pelting their_
lecturers, burning their halls and destrot ing
their presses. In this ,fi:irum of the people.
by m g na
a lity
re bL o
it v uu , n
nLie,.o g f e e,
peopeeat
all times to petition their Government. Yet,
despite threats, it - Mb-law and finality resolves,
the discussion goes on, anal will_continue to, -
so long as right and wrong; justice and injus
tice, humanity and inhumanity, shall struggle
for supremacy 'in the affairs of men.-
The President makes the same excuse for
his treatment of Kansas that tyrants. ever
employ in justification of, their cruelty and
wrung. That is, that the _injtired and op
pressed, because they will not kiss the hand
that smites them, are rebels:And traitors ;
and the wrong doer, while perverting. the
truth and suppressing the facts of history,
strives, with hard words, to heap obi. quy
and reproach,upon the, character and motives
of men in every way tbe equal . , if not - the su
perior of the traducer.
• All the wrongs of Kansas are sustained by
the Administration, because the) were per
petrated under the forms of law. Justice
and ight seem to be of less consequence than
fotris and precedents.
The bloodiest pages in the drama'pf man's
existence have been written under the color
of law, and too often 'in the name of justice
and-liberty. The Jews 'crucified our Savior
Because he was a fanatic, and stirred up dis
sensions among the people. The law-and-or
der conservatism of the middle, ages ostracis
-ed Luther as a heretic, because, while expos-,
ing the corruptions - of the church 'and the
~reigning dynasties, he proelaim i ed to the peo
ple the great truths first taught on the sea
shore, and along the hillsides of Judea. Tin!
Grutli of the forest cantons of Switzerltad,
. planning at the midnight hour om-the
,banks
of Lake Lonnie, tife liberties of their coun
try, were, in the eyes of 'all Europe, rebels
against society and traitors.to law-and-order.
The world's`refortners have ever been, in the
days in which they lived, heretics., fanatics,
and agitators ; and in 'most instances have
fallen victims to' the prevailing prejudices
and vices which they combated. Yet such
are the retributious of_ [leaven o eaWth,thai
the crueifiers (1 the world's redeemers have
been forced td pay homage. at; their graves
when dead. , 1 .
The President, in his special message' on
_ . .
Kansae, seemkto have imbibed the spirit, ad-
Aipted thb. tone, temper, and language of Geo.
111., in his prOclamations and I manifestoes
against the American colonies. i While thus
imitating his great prototype, let him take
warning by his_ etample • how the 'forces a
-wronged and outraged people to appeal to
the God of battle's, in vindication .of their
rights, utiles% he is ambitious' of being the
Nero of the liberties of his country.
In my judgment, the first g n fired by a
United States soldier in an attempt to force
this Lecompton fraud upon the people, of
Kansas, will light i lame that i!ietis of blood
may not be able to extinguish; It will be
but the echo of the British musketry, in the
streets of tkiston,.on the 19th of April, 1175:
Ittwoufld_beg-buatt
truthof
the
anotherstrng i c ec i
la in zit i ron ndica cj i
ion oouir te
Independence, that: all gOvernMants derive
their-gist power from the- consent of the goy-
From . my personaracquaintance with the
Free State men of Kansas, and what. I know
of their eharacter—these descendants of
Warren, Putnam, -Greene and Wayne--r
when forced, in submitting to injustice and
wrong, to a point beyond which endurance
stokers to be is virtue, will . Prove themselves
no degenerate sons of noble sires. When
ever
,tuiy \ portion of•the Arhericim people
•shall become so callous to a sense of justice,
and.so dead: to . the rirghta which belong 'to
freemen, as tamely to submit to a usurpation,
by
. fraud and- !iiolerice l of all the powers-of
their
. government, then, indeed, will they be.
fit for slave*.
Ur. Ntillson.—The gentleman retest° the.
/m that this, op.
them ; that they.
) going to the polls
the constitution ;
t em :'and you in
he wrong.
resident has tw
ig,' and therefore
• emen, were qui
ration: that they.
pposition ceases
)urselmarked out
ify Kansas. Sir,
sas in five min
: last four years,
ballot-box free
was. all they
the. .aispatehes
to show that he
when he charges
d treason. They .
freemen, true to
, veins; and *true
11 they received
do. They would
i n of their politi•
in thn rnnttn
d on•the record an
isas ever resisting
es. They simply
rial organization.
othing to do with
minister it as you
n to it,- but offer
I ent that the Bresi
iinceGndgo-vii'tei
I n n e x o e i t r h o G v t:h a r e:
!Marcy, September
j ents, Third sea
-141 volume 1, part 1,
'simply to contend
;mans and brigands,
: to-saSsinatiOn and
• nts and advocates
iltirnents and local
ised persons actu
elevated positions,
e Influence of men
utbolity, and have
Iva agents around
it personal inter
ry just, honorable,
I. nave barely
tatement of facts as
of Leavenworth is
•(1 bodies of men,
as militia, perpe
atrocious character,
from the territorial
ew . .da - t;s these men
from their houses
re fired upon and
dwellings, and sto
under the pretense
30 public service.--
s who had committed
:Tipping them of all
lem'on steamers, and
•ritory."
72, Lieutenant Mc
y, writes Woodsen,
ime, that— -
!t
k tuat- some of the
e into this tTerrito-
Lave committed gross
with certaintX that
ties of his men now
in the .most lawless
e constantly made to
agoras and men on
many instances rob-
Lted."
of the peaceful cmi
he South, each with a
I ,a
!e Gove i nor dea
-1 September
•
was evidently infest
maranclers, who set
traveled from pimp
,_es, sacking and burns
crop,_ maltreating
riving off and stealing
murdering, harmless
Bugs and onithe public
, 1 condition of Kansas,
I . rpetrateel by the
Ligation, of the Ad.'
irters in Pennsylvania
: in the following lan.
rhandbal for a Dana
inburg,, Sep t 27 1856 :
;gal Repubbeins! turn
that it is .61,e Demo.
rinfor freedom for
g
of; opposition orator;
ithstanding."
his message to the
. •
1 H. H. VRAZLE:RvPITBLOEIER--•-VOL. 41 4 .4:),,: . 14,-7
II
MU
BE
entrequene_e firing eighte!afraieltb*adiptioa
of the-Leeonifitnis tratistitsatitin:;9Y , a4k• hifn
whether, if the'Leovrn phi
voled'downdieneet-Winiam betetarnad to
her territorial condition I-- "
Oroi'r -z-attiiifillunder *Ter
ritorial Legislature reeositita now ,
aids a‘ r.
- Me.Milhon.—la_ net slavery now one of
the institutions ardieTerzifdry *
Mr. 4row,,Li4i :Is :under .the Leoonititon
eoneitution. • •.• ••
Mr. , Millsilt.OutsidevilhaLeccisoptati .
constitution is it not reiqgnlsialltlythelerri: •
,
torte fairs? '' , :
-m r . - - - --amanneturrpsv•
recta it., ,
Mr: Millscsr.-- , -Theti itisiwaticallar:ot fir
Lecompton constitution - wtialli net effect say
change in the rights or personal Conditiiwkat
any human being in Kansas? .•-• -
Mr. Grow.—l do not propoaCto'
that matter; as it is not-a question involved:
The questien is Kansas now, is whether the -
people shall have a right ta*vertititemailries
and whenever any portion ulthe Reopleatisn
doe that right temely,•runtsubmit to &usur
pation of the powers of thei,r,governmintis•
then they will be fit for 'slaves. IT ever that
time cones, _ . the 'Genius of Liberty may
wing her wny back Tr , ,m earth to Heaven.... •
Mr. Phillips.—tin this crinnection ask
my colleague whether be km not, on a form, ! , • •
er occasion, said •tharthe si iLE o,f-the 'people of
a Territory could be as well &likned- in the
c hoice of delegates, its intheir - action itr tha
convention? •
Mr. Grow.—The gentlemiti Ilia:not un
derstood my speech porrectly; ' , I le' Will find
that I put the admission of , Kansas under
the Topeka constitution upon the groand - aiat
it had been sulimitted to the people* and alit
two thousand three hundred--a large majori•
ty of all theJegisl voters Of the Territory at
that time-4oted in favor of =,
Mr. the gentlemen: allow
Mr. Grow.—l cannot
~icie.- any' more of .
my time. . •-
Mr. chairman; injustice, once enthroned in
power, ever strives, by every deviceof taunt
and sneer, to divert attention frdm.its enormi. •
ties, and tolavoid,if possible,-.4llldisenikion •• '
of its abuses. The weapons of a selftettis4ed
conservatism, employed since? the world'li'er
gen to uphold its injustice and strong, or tn,
perpetuate its ill - gotten _ power, ; has beet:l v an
excite popular prejudice, by. erving- 1 ' des.
tructive," "agrarian," "leveller," " fanatic; f
or some other epithet made, odious by: seep.
tered cruelty and wrong. Such have been'
the arguments of prejudice and poiret from
I, the time Socrats swallowed the hemlnek.
and Galileo quivered on the rack. -
.•.-- s '
~.7111"e3411‘ertst of itaalact 111=T - or - it--; rxtwefF
or of startling and odious epithets. li' - NA,,
means does the President g
strive to ~,s , . s 0 7 1 / 4 4
the blackest page of Ameriestahistors.„ ir 1 A •
ten within the last-fouryearschy-the A4 l - c..
I,
istratnin and its minions, in the, w0e.4, - ,,,;-
1 Kansas. Its soil red with the blood pt,., •'
murdered citizens,pnd its ai.mosphers - darken...,
ed with the smoke of their hint:fling:dwellings, ,
while women and children flee to thst.fravap ; ''\
tribes of the wilderness to find protection \
against their less merciful white purstfers.—
W ith, the wrongs of his .peonte unredreatted k
and their supplication for justice end the -
'rights of freetnen.still ringing in the ,ears .of
the. President, be declares that" Katra,oo;
for some years, occupied too much attentb*.,
It, is high time this should b -
e directed• to. Ar.,
more important objects." • ,
• •
, .
Mr.-Chairman, what more important
.ob
ject care this Government have than to guard
• the hearth stone of thebardy pioneer.as he
_goes forth intd the wilderiess to found new - .,
States and -band sitp... new empires ? What
i h:gher ditty has it to perform , than.ta ,secure
to .th e c i t iz en —alai. humblest and' most 0b...
scure, as well as to the•highest and most eft, L
alted—tha rights guarantied by the .Ginstilus
tion of his country 'I In Kansas, from the
• first, these have all been trampled in', the;
I dust. Hence. Kansaslas, for some yeam -
occupied the public attention. Is it-possible. ,• ;
that,the Chief Magistrate of this Remllio
can find any more important object fur_ the
• attention of the Government than the p,rotec
[ lion of the rights and liberties of
~Amieknat
1 citizens, ruthlessly ehdated under s thetair cif .
their country, ituletfs the nobler and better ,
1 impulses of hunian nature expired:lulls- . bus
som aa ) The last 'drop -of Democratic blood •
' oozed from hig veinal - . • • • . •
'Kansas wants peace'; not the, peace - of ser t
vil t e submission to brute force, but the peace_ .
1 that justice ever brings. The ssonntry went* t
.'•
I quiet and repose; not-the quiet-of,the grave.
yard or the repose of death, but The quiet and ,
repose secured by liberty, maintained' by '
law. -But so long as the power of thiti Gov.,
L ernrnent is wielded to fasten en , odious de* .
1 potism . upon Kansas,:and, to propagate, tlke,
institutions of human bondage, so long - 4*re
will and can be no peacg. ' You cap .giya
'peace to Kansas, repose to the country, and .'
1 forever end the agitation of this slavery qua: -
Ition, if you will bring back the Government
to the policy of the fathers, and. re.establisti.
in its administration their maxims 'orjusticck
and humanity.
1 1 Peace is the siren song that has , ever pre-.
ceded
ceded the, perpetration of every nevi outrage .
upon the sentiments of the North, and .•the
rights and interests of free labor.. On. the . ,
4th of March, 1853, from the ' steps 'of yon.
der portico, the 'President congratelatO the
country that "the agitation of the Alsivery ,
question was at rest. The troubled water 4 '.
of past politietil•dissenSonl had subsided, and
'not a Tipple disturbed the surface.- .The ark ; .
°four covenant reposed on' dry ground, and;
'the dove had-found a resting-place:. Every, .
feet of territory then, owned by' the Fedeeal '
Government was , fixed -id its. Character of
slave or free, by some law whiCh Mr: Web.
star, in Ns 'delusion; thougil, to be irrepeide
ble. And under the then existing Judicial
decisions and constitufmnal, eonstruccuivi it:
was-alt fixed for
-freedom. No note of dis-
cord jarred on the universal . harmony. The
patriot was congratulating himself that the -
era of good feelint end , brotherhood had- at,
last dawned upon Ills 'country: . What dis-
turbed this unruffledealm, and again broke op'
thelfonntains of the deep? -. , •
_ .
Qathe 30th o May, 1854, fi v:e- hundred
the deep"?
thltisand square this Of this territory,. once
1 consecrated- to fre m forever by sole*
1 act of our fathers, w - 'pened to . thTT - spielat'
of the institutions of human bondage. The ,
passage of the bill at the dead: haw' -0f,.-. . the'
8
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