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■
sf,ior . ge . l.:-. tijost;., Vabtbitr,
Affairs of *ansas,
' E PORT •
of Territories, to the Sen-1
States on the affairs of
the. aionittee
ate of the (Mite
Kassa*.
. .: . ontiude4 • - : ' .:
, .
In view of the act that the Secretary of
.War had: intimatedan opinion that ail of the
publiC buildings l t
.Fort . Leavenworth' were
needed for military purpos:es.,And that . the lo
'caiion of the seat Of government , even tem-
Poraily,within the lines.of a - military. reser
vation, where the Military law must - necessa
rily prevail, would be inconvenient, if not in
luritilh - iii': the Tublic sdivice,.the following.
provision, was adopted in the 4ppiopriatiou
bill - of.the stlOofl;l,ugust, 1854, for the pur
pose of enabling the governor to erectlmild
ings forqhe tempoary .sest.of government at
some mere suitabl and ~convenient point, in
the Territory :. ," at itOhe event that the
i ,
:Sectetary.of War sball deem it inconsistent
with the interest of the .military service to,
furniSh a, sutEcien,. portion of the military .
building-at Fort L--‘,.atwenworth, for the use Of
Territorial governmelat of KaUsas, the _Sum .of
twenty-five thouSatd dollars shall . be; and in
-that. contingency i, 'hereby approp,iated, for
the erection
. of public building 3 l . for the use of
the legislature of t le , TerritOy of K.Ansas,, to
he e x pended under the . direction..of the gov
ernor of said Terri ory."
Under', this rprosision, taken in connexion
with the clause:of the orgartip..,act. r% bleb au- .
thcsized the governor to ,convene the legis
lature at such place as he should
.appoint, he
would have had' the right: to esmbliSh the
temporary seat of
,government,a, ed erect the
public buildinkSat Pawnee Cit, - or anv.oth
erVace he: might have selected in 'the -Terrl
tot\,,..-instead 'of Po 4, Leaveni.vortli,but for the
fact that_Orr the 3d of March '1855 - ,.and *be
fore any iportion,of the 'money had been ex
pended, di even the site - selected,. Congress
made a frirtlier.appropriation of twenty-five
thousand dollar Or public buildings:, .with
the previSe "that s i aid • tnoney,. Cy' any part
thOreof, or.any portion of the mcnev hereto-.
fore appropriated fin. thii• purpose,Sitall- not be
evirended• until the legislature of said Territo
ifshall have fixed by law the permanent seat
ofgowermitent." ..This prrivision did pot con
fer.upon. the legislature any power in respect
to the, loCation of the seat' of 'government,
eikeeternporstrilv
,r permanently, ihich it
d not previonsit possess ; for the ~.getic..ral
grAt, extending• t , . all "rightful subjects of ,
t)
le,i,iislation," necess.arilv- incltided the right to \;
determine the place of holding its sessions'.—•l
The objeet, as well as legal efree.rt.of this pro-'
visien, was to restrain the goverpOr from ex-
pending' the appropriation until "-the yoil.of i
the people •of Kansas should be expressed-, I
through, their legi+ture, in the selection of;..
the plaee; leaving,the governor. to perform :
his whole rimy undhr 22.1 section .of .the or
gariie!act, by appointing the place
,and!day
Of the-first meeting Of the legislature, and of
expending the money appropriated by' Con,-
gress for:the:erect on of public buildings, at
*li place as thel lisiatrire should designate
(411! permanent . t of government of the
Territory. • . . .
Under this View 'przthe subject, it is,eyident
that the legislature Was Clothed with legiti•
mate authority - to 'enact the law iii obedience
to!which its session was adjourned' cm Paw
nee City to Shawcc ?Mission; and that its
t i
knamments, made t the •laitez; .place; must
have the same fore, and - validity that .they
4vlml4llfave posses had not the removal
taken place.
. '• •
Those wird seek,4 &ad some tenable ground
upon which to destroy the validi;:v of the
legislative acts of Kansas, seeimr , that they
cannot safely rely-.upon the alleSged irregu
larity of the elactions, nor upon the absence
of legal ,
authority' . in the legislature.mreMove
the spat of givrarnmetit, flatter themselves
that they. hate recently discovered a new= fact
which will extricate them from their diffieul
ty, and enable their to accompish their pur
pose. ? It is,',that by the treaties of November
7,1825,;ancl of August . 'B, 1831, with the
Shawnees of Missouri and Ohio, a large ,tract
-of land,; including the Shawnee Mission,
where the leoistafure held its session, and the
\ governor
1 -- - 2 , •
established • the -executive offices,
ras secured to those Indians, with. the guar
anty on the part of the United States " : that
Saidlands shall never be within the. bounds
- ofany State or Territory, nor subject to the
laws thereof ;" and:that the .19th section of
the Kansas-Nebraska act provides that" noth
ing in' thiS act contained. shall .be construed
to include any territory Which, by . treat}' of
.any Indian,tribe,is not; without the ! Consent
of said trine, to be included within. the terri
torial litnits - or jurisdiction of any State or
Territorftit all-such territory shall 'be ex-
Cepted nut orthe boundaries, and constitute,
no part of the Territory. of Kansas." Up . on
the - authority of these clauses of the treaties,
and of the act of, Congress organizing the
Teriitory, it is assumed that the Shawnee.
Mission, where-:the legislature enacted 'those
laws, was riot within the limits or jurisdiction
Of the !Territory of Kansas,- and hence . they
Were null and .void.! Without admitting,
even by implication, that the place where
the legislature should enact its ; laws,' would,
• to-anfextent, impair their validity, it is prop
e;r to call the attention of the
. Senate.to the
fact recorded on its journal; that,on the 10thl
of May, 1 . .854, (only a few -.days before `the.
passage of the Kansas Nebraska 011,) a trea
ty was made with these same Indians, by- the'
:first article of which all the lands granted to
them by the said treatiesof 1825 and 1831;
- Were ceded'tlAthe United - States, and, being
thus exempted from . the ' operations - of the .
gni/rarities in those. treaties, - were,, - by . t he.
terinsOf the organic act of Kansas,- included
'within the hunts, and rendered subject 'to the
11 The
of said Territory'.
,
11.
1 1 The second article, granted the ' house - in
Which the - legislature afterwards held its see
' laions, and the land upon which.] . the houire
!stood; to the miisionary society Of the Metho...,
•!dist Episcopal Church South, in- these words :
;`‘ Of the lands tyinii east of the parallel line
'aforesaid, there shall: first be set apart. to - the:
fnissienary society Of the Methodist Episco
, .
' 'Church ElCuth, to include the - improvementi
•;of the Indian manuel-labor school, three see
tious.of land ; .to the Priends' Shawnee -labor:
'school,including the improvements' ere,
,three hundred and twenty acres of laud'; kid
to the American Baptist Union, to. ine de
. i the improvements where . tbe. superintendent
of the, school now resides, one hundred and
441 acres-of. land; and' also - five acres of .
.
land to the Sim*nee Methodist Church ; iii
eluding the meeting-liouse and graYe-yard;
aud-two acres of land to the Shawttee 84-
tist'Church, including'the meeting-house i \ t4l
grave-yard." .
: :s .• - 1 ,
I - - A
The other_artieles of the treaty' priiiide f4.r
the survey of these lands, and for granting
two hundred acres to Caeh Shawnee Indian,
to be held as priyatel. property, - sUbject to
such-condiffons as Congress should impost,
ankrecognize the right of the, legislature 4o
lay out roadi and public highsrayeticross :the
the. f ndiati lands;.on the sarneflertas as the
law provides for their location!.; through the
lands of citizens of the , Unite - if States.:. The
Rev: Thomas Johnson,;, who was Presidentlef
the Kausati.legislative"nouncilAnd also agept
of the . missionary society of , the Method : l4 '
Episcopal ,Chnrch, to ;which the lands. a d'
ituprovement&belonged, - authorize4 -
the l r
islature to use and ocCupy such pOrtione'of
the buildings of which] be; held . the lawful
possession, as they . slionld. find ConYenientln
the exorcise of theii:legislative functions. !:
•
- Upon ti. careful revie w and 'examitiation . :pf
all the facts, laws, and ';treaties bearing tipm
:the point, your committee tire clearly of cie
i
opinion that theShawneeteariiial-tlabor sclittl ,
was a place to which the
. legiilature tni!rlitl
lawfully adjourit'andenact valid laws in per- I
-suance of the organic act or the Territory., '. I
We do not deem it necessary - to inqu i re ?
into the expediency .of the removal of lie I
seat of government, for the reason" that. : it
cannot alre,et the.validi , Y
of the legislat ye i
proceedings. It is sufficient to 'state, t int
tile reasons. assigned by the governor agai.:.st
the expediency of- the! tireasure, were: 11 it,
" the loss of tit. e (more valuable i been '.e I
limited) which our organic law allots 0 ti l e I
legislative session ;" and secondly, 't het:alse t
it will involve a peepiaiy losS, in view'Of 1
the arrangements which have le.en•lniade; at I
this place for our accommodation As- ti l '
-offset to the unfortunate. circumstance tl it I
the people of Kansas would be deiirived, ';:r I
the period Of ten -days, Of all the • advanta es 1
and-protection which .- were expected to e - - I
ult from th e wholesome laws - which; the. g ' V:, 1 .
emir had recommended them
. to enact u. ''n I
all rightful subjects of legislation, and to ie. I
the pecuniary loss which would be i:tistaii ,:d ,
in consequence of the rornoval from! Paw i . t.e. I
City, the members of the legislature; in di .ir
memorial to the ;President of tilt? . Unit :4.1
States, asking him to remove the gover r,:
state their reasons as folloWs, for the alit a-1
tion ,t h at . there *as an 1. unnecessary loss f l
three months' time after, the electiea - ih et - i-1
. veniiig the legislature, and that Pawnee wlrs I"
'net' a - Suitable place for thetato meet : : 1
".
After- the contest. Was over,- and the le- t
suit-known, he delayed the assembling ifor I
the body until the :id ..iiir of .July—no r, 1
if
thanlthree months afterwards-and ;that, t Co
wherf.the whole Union Was convulsed on 6-
count of alledgetl outrages in Kanl,as Te 1 , 1
tory,. and yet no law fore the punishment :ir
prtweati-on,44.lie,i i i: vv-).T..,ii at . heft 3114 , t1 11, 1
meet, upori_tbe - "tail of i the governor, a
point where they-bad previously, in an ! in
,:•- 1
mai manner, protested against Ceingt Call, ' ,
vitlOn avowal of•theii: intention to! adjou'l
to the point at which they are now, i'semb ed 1
for the reasons that the requisite ac:conintO...l
.datiOns could not be had ; where there wep i .
no facilities for commlinication with t4ir 1 .
fautdies or 'constituents; where they cord I
not even find. the commonest food 0 eat, ill- I
less ht an enormous expense, there being 1 1 4)
gardens yet made by the squatters; ;here I
the house in which we were expected . toe 's- I
senible had no roof er door on the LSatutitiy I
preceding the Monday of our assembling,aPd
for the coinpletibii.of Which the entire S.4b- I
bath day, and -night was: desecrated by,,, , ,the I
continual labor of the mechanics : IwhersVat
least,one half of the . Members, 'employ . es,:
and almost all others who had iasseinqed I
1 1
ther4. for business or otherwise, had to c.,irip i
cut in wagons and tents, during a ;rainy, 'tot.';
mason, and where cholera broke :out, • . al.
consequence of :the inadequate fond; and s;el.: I
ter ;;and when, under all of these circumSjand
f
ces.of annoyance, they finally passo wiper.'
adjourning to this point; Shawnee inatral
labor school, •- w - here ample accominodattens
are:Provided, and where the governor hittVelf
-had previously - made it the seat -of go rn
ment, they were met-by' his Veto' whi is
*. l
berewith transmiited.' ' ,I):
,n: ;t
Your cominittee have`, - not eonsidere i i : it 1
any, part of their duty to examine - and
.;ire
view each enactment and provision o, i the
:large volume of laws adopted by -the le,!t9s-
tare:of Kansas - upon almost every.. ri ' yet
subject of legislation, and • affeCting n Orly
every, relation and interest in life, wi ; i a I
view ei,ther'to their approval or dis.spp 4val i
by Congress, for the reason that they - a0 lo- I
cal_laws, confined in their operation tttlie 1
internal concerns of the Territorv• the - 10 n
- and Inana,gemetituf which, by.the :prin
ciples of the federal constitution, as welt as
by the very terms of ' the Kansa's-NebeOka
act, are -confided to the:people of the Terkito
'ry, - to be deterrhined by themselv.thrt4tigh
their representatives in:their lotal.ilegisl4Sure,
and: not by the CongreSs, in. Which they lave I
no representatives to give or withhold "their.'
assent to the,
_laws upon which, their r ' hts,,
mid, liberties may all ° depend'. Under iese
laws marriages have - taken place, cl • Oren
have beer - born, death-have o6carr ii es--
i f
tates have been distributed; contracts :have
been made, and ri , slits have accrued wh eh it
is net competent . for Congress to; dives if
there can be a doubt to 'respect tti the,,vnlidi
ty of these laws; growing - out of tie alWged
irregularity oftbe.eleettowof meinbers re the.
1
legislatu, or the laWfulnese of. the • lace
where' it:sessions were held, which it is*.om
peOnt for any -tri bun al to inquire into,svith
a view to its decision at this day, and 'after,
the series of events tehtch - have ensued,itlinust
he .a judicial question, over which. Congress
.cablhaVe no control, sad which lean l dc-
Itertained only by the ;courts of justice, ii:nder
7thelpiotection and sanction - Of - the coniOitu
.on : 0.
•i : , 0
tz
.: • .
,
• When it was proposed in the fat t Cott' rests
to rinnul the acts of the-leg-haat:4 absig
e . 'ably
of AFinnesoti, ineorporating certain rai ;road
--stiek this con:airlift. , " ----
• -
ni l
. 7 .lle ' P
cornpaniei, this cointitittee reported a " inst
thelproposition,'end, instead of annuili : the
loes.l legislation - of the Territorp, recopy , en
dOrtlie repeal of that clause ofole or ;fillip
1 aet Of Minnesota which'reserves;to Co t' tees
• t 1 : -.
the right to disapprove its laws; - That,,rec
ornmendation was based on - t 4 1 theory 4hat
ihepeople of the , Territory being eiti Yis of
,
the; United States; "ere entitled( to The =priv
ilege of seltgoverninent in obedience the
constitution; - and if, in the exereise .. this
right, : they had in4e -wise find list law 4hey
ougbt2tobe permitted to enjoy all the van
' 1 .4'. - - r • 0
, 7
VEEirlf SOMINAL-DEVOTED TO POLITICS, NEWS, MTKaTtIIE, AGIIIC4TURE, SCLEN6E,' koivazy.
tages re-Sating - from - them; while, on the
contrary, if they had made unwise - .unjust
laws, they should abide the. •consepleaces of
their own act. until . they discovered, tic
knowledgeil, and corrected their errors. •
It.hasibeen alleged that gross :inistepre
sentations have been made in respect to the
character Of the laws 'enacted by the legishf
tura of :Kansas, calculated, if not designed, to
prejudice the public mind at a distance
aginst those who enacted them; and torcreate
the impreSsion that it was the duty of Con=
gress to interfere and annul them.; In view
of the violent Sad insurrectionary .maesures
which were being taken to resist the laws of
the Territory of Kansas, a, convention of
delegates lepresentin v , e• almost every.• portion
•
of the Territory of Kansas, was held at the
city of Leavenworth on the 14th "of ,Novem
her, 1855, at which men of all shades of po
litical opinions, " Whigs, Democrats, Pro
slavery men,-and Free-state men, all met and
harmonized together, and't forgot their former
diffei.enees, in the comnuiti dang,er - that seem-
ed to threaten the 'peace s - , good order, and
prosperity of this community." This con
vention Was presided over by the 'goVernor 'of
the •Tetritory, assisted by a majority of the
judges 0f the supreme court; and , the ad
dr.t.s to the citizens of the United States,
ntnong - Othisr distinguished names, bears the
signatures of the United Stales district attor
ney andtnarshal for the Territory. •
It is but reasonable to assume that the in
terpretation ,which these functionaries have
given lei the nets of the KallSdS legislature, in
this a , ldress will be observed in their official
expositien and . execution of the : same. In
reference td the wiJe-spread perversions and
misrept i..etitations of those laws, this address
says: .
• The laWs passed by the. legislature have
been inoit grossly-- misrepresented, with the
view of prejudicing the public against that,
body, ruid as an excuse fur the revolutionary
moyenients in this Territory. The limits of
this rvidre.ss . 'will not permit a correction of
thesis misrepresentations ; but we will no- 1
lice some of them, that have. had the most
'wide-spread circulation. 7
" prescribing the v i nalitication of
voters ex&k , ssly' provides that; to entitle .
vtrson teq 4 'ote, he lutist be tw e nty-one y e ars
of age, an actual inhabitant of this Territory.'
and of the 'county or distiiet in, which he of
fors to Yot4, and shall kayo-pail a territorial.
tax. Tlielic is no law requiring him to -pay
a dollar-!ta[x as a quallifleation to vote.-'
must pad
, ta tat, it is true, (and this Is by no
means an . ntiusnal requirement in the states;)
but wbeilter this tax . is levied on personal ox
real proprirty, his money- at interest, or is a
poll-tax,,Makes no iliffn.ence; the paynient of
any Territorial tax entitles the reNOll to
vote, prOqded he has the other Analifications
provided 1:;y law. The acts scents to be care
fully drain,' with the view of exeltaling all
illegal and foreign cotes: Then:terJun- i v-4u , -
TiMiEtFri“ Ili VI , and cv s. tue
eountrOidistrict in which he pliers to. vote,
and be Must hai-e paid s Territorial tax.—
The judgqis and clerks are requited to be
sworn, mid duplicate boll-poxes . ; and.
Ample p:rovisions is made for. contesting
elections; and pur[g.ing the polls of all illegal
votes: it is difficult to see how a more gear
(led taw
,•coul4 be framed, for the purpose . of
protecting the- purity of. elections and the
sanctity of the ballot-box. The law does not
require the voter to swear to support the Cu
gitive-slave law, or the Kansastand Nebraska
bill, unlei-ss he is . challenged,; in that c*,tte
is reqnired -to take an oath to support each of
these laWs. das to the' dollar law, (so called)
it is meiely a poll tax, and has no connexion
With the right of suffrage any more than,any
other tax levied 4 the Territorial authority, :
and is to be paid whether the party votes or
not. '4 is a mere temporary measure,having
no' force beyond this year, and was resorted
to as such to, supply the Territorial treasury
. with the necessary - means to carry on the goy.
ernment. .
"Ithas also been charged against the legis,
lature that they elected all . of the ofrpers of.
the Territory far six years. This is without
any feandalion. Th'ey, elected no officer for;
six years; mid the only civil officers they re
tain the election of, that occurs to us at Ares`
ent, arc" the auditor and treasurer of state,and
the district attorneys,-whO hold theirs oflic'es I
for fotir, and not six years: By the organic -1,
act, the commissions issued by the governor
to - the civilo I
fficers of the Territory all 'expir-
ed on the adjournment-of the legi , lature.--
To pr'event a failure in the kcal administra
tion, and from necessity,the legislature made
-a:number of temporary appointments,such as
probate judge,and two county commissioners,
land a sheriff of each
: county. The probate
judge and coinity , commissioners
,cotistittite
the, tribunal for the transaction of county!
business, and are invested with the power to.
appoint justice S of the peace, constables cowl- - ;
ty surveyors, recorder, and clerks, ike. Pro
bate judges,' county commissioners, sheriffs,
&ie., are all temporary appointments, and
are made elective by the people at-the first
annual election in 1855. The, legislature
could. not. hare avoided meeting, some tem
porary appointments. No election could
have beeriheld without them. There were.
no judges, justices of-the peace, or other offi
cers toconduct - en election of any kind, un
til appointed by the legislature. It was the
exerciseof a power'-Which the first legislative'
assembly in every Territory inust,of necessity,
,exercise, in order to put. the.. local 'govern
tnent in Motion., We see nothing in this to
Justify, revolution or a . resort to force. The I
la*. for 'the- protection of.slave property has
also been much misunderstood. The right'
to - pass 'such- a law is expressly stated by
Goverlor Reeder in his inaugural niessage,in
which he says : "A territorial legislature may
undouhtedly.act upon the question to a lim
ited avid - partial extent, and may temporarilyl
prohibit,tolerate,or regulate slavery- in the
Territory,aud in •an absolute 'or _mortified
Term, with all the force and effect of any oth
er legiStative act, binding until repealed by
the_same power that enacted it." There.is
nothing, in the act itself, as has been, charg
e(l,Lte prevent a free discussion of the 'subject
of 'slavery. Its bearing on society, its moral
ity or expediency, or whethe' it. would be
politic' or impolitic to make this a slave State,
Ican be' discussed here as -freely as in any
State hi . the Union, without infringing any of
the proiisions of the. law.. To deny the;right'
.of a person to hold slaYes under 'the.law
. in
this Territory is• made . - penal • but .beyond
this,..there is no . restriction inAhe discussion
of the slavery question,in Any aspeet in which
I IVis . ..capable of being considered.- We dO
not wish to be understood as approving of all
Santrose, Sasqiirilanna. Cattittg,lenn'a, T)lnrsitaa St oruinl, luta 3, 18 11.
the laws, pas.sed by the legislature '; on the
oonttary, we would state,that-Abere Are some
that .we do. not minor() 0f,.. and . which .are
condemned by public opinion - here,and which
will no dotibt be*pealed.or modified at the
meeting:of the nett -legislature. ; But this is
nothing more tlit(a what fequently occurs,
both in the legislation'of Congress and of the
various State • legitilatittes. • The remedy for
such evils is to . beifotind in publicopinion,to
:which, Sooner or Inter, in a government like
ours, All laws must,:conform."
fe* days aftat Governor Reede l r dissolv
ed his official relations with the legislature,
on account of the ;removal of the seat of gov
ernment,. and white that-body was still in ses=
sion, a. meeting oohs callers
. by "many voters" ,
to assemble at LaWrence on the 14th or 15th
of Argust, 1855, "to take into consideration
the propriety of calling a Territorialconven
tion; preliminarft:O.the formation of , a State
'government, and Other subjects of public in
terest." I At that,. meeting the following
preamble and resnlutions were_ adopted with
nut. otie'eiSsehting; voice
"Whereas the people Of Kansas Territory
have been since 'settlement, and now are,
without any law-ti aking power : ' therefore,
"Bell resolved, l That we, the *pie of
Kansas Territoryda mass meeting assembled,
irresvective of party ilistinctions• influenced
by. a common necessity, and greatly I, desirous
of
,promoting the '.hommon good; d' hetebyy
call upon and ropiest all bone fide citizens of
Katl4RA Territory,' wh'atever political views' l
or predilections, is ,eonsult togethei in their
respective election] districts, and, in a mass
.covention or otherivisc, elect three delegates
for each representntive of the legislative ns
s.embly, by pwclathation of Governor Reeder
of date 117th March, 1855 ; said delegates to
assemble in cohve j ntion at the town. of Tope
on the 19th dly or September, 1855,then
and there,totonst4er and deterrninel upon all
subjects o f public interest, and particularly
upon that having deference to the speeds' for
mation of a State "I.:Onstitution, with an inten
tion of an immedia:te application to he'admit -
ted as a State into; the Union of the United
States of Amen .
This meeting. So far aSs,. your Committe
have been able to4ocertain; was thel first step
in that series ofFace 9 4 dings which I resnited
in the adoption - Mlle constitution and State .
government, to be:jputin Operation! on the
4th' of the present :Month, in sub4rsioti of
the Territorial aroOrnment,establishedinntler
the authority t4mgress. ,The right to set
*up the State government de9anOO of the
constituted, anthatlities of the Territory, is
based on the assuinption :"that the .people of
Kanias Terrifory have been since its settle
'went, and now arc, withotit any.lavrmaking
power;" in the face of the well-known fact,
that the TerritoriaPel,rislature were then in
session, in pursuatfpe of the . proclamation of
Governor Reeder, 4nd the organic law of the
.
I
r;tortro deteg-atti convention assemosea. at
the Big Sprin-g "to. take into .cor.Sideration
the present exigencles of politicai affairs," at
arnong cit4rs, the following resole
-dons were adopted;:
"Resolved, That this convention, in view of
-its recent repudiation of the nets Of the so,
called -Kansas legislative assembly; respond
most heartily to the.call-maile by the people's
convention on the 114th ultimo,for A! delegate
convention of the ;people of: 'Kan'sas, to be
held at Topeka., on, the 19th instant, to con
'shier the propriety ')f.the fortnationief a State
constitation i 'and such matters as may legiti
mately come before!it.
"I?esolved, That ]we owe no alhigiance or
obedience to the tyrannical enactments of
this spurious legFlature; that their laws
hare no validity or,binding force upon the
people orliansav, jand that every freeman
among us is at tullllalerty, consistently with
his obligations a citizen and a man, to
defv ancVresist.thent if he choose so to do.
"Rcsoktai, Thaf iwe will 'endure - and sub,
mit to ttiese laws ,ito longer than the best in
terests of •the
and
require, as the least of
two evils, and williresist them to ajdoody is,
SIM as soon as we ascertain • that'peaceable
remedies •shall fail, and forcibly ;reisstance .
shall furnish any riasonable prospect of suc
cess; and that in the meantime •we recom
mend to our tiien4s throughout the Territdry
the organization and discipline of , volunteer
.compAnies,.and tbe'prccurernent and prepar
ation of arms." . •
With the. view to a distinct understanding.
of the meaning-Of so much
. of this' resolution
as relates to the; "organization. and discipline
of volunteer companies,. and the procurement
and preparatioh of arms,' it may be neceSsa-
Ty to state that. there was at that time exist
ing in the Tefritery secret tnilitary organi
zation, which had been formed for political
objects prior to the. alleged itiVabton, ut the
election on ;the 30th: of March, and which
held : its- firli- t'grami encampment at Law
rence, Felumry Bth, 1855." Your committee
have been put in possession of a Sinall printed
pamphlet., containing the. "constitution and
ritual of the grand encampment, and regi
ments.of lie Kansas legion of Kansas Terri
tory,adopted April 4th, '1855," which during
theieeet4 di.iturbancicsin that Territory ,was
taken out,: the person of one. George-F. War
ren, who!atternpted to conceal, and destroy
the - samq by thrusting it into his mouth,and
biting acid chewing it. Although ;somewhat
-mutilated' by the"tooth prints," it • in
ternal elidenee ofteing a genuine document, .atithentreated by. the original signatures of
"G. \V .1 - Litchi-iron, granted general," and
K. ;the Kansas legion,. authorizing the
said thierge F. Warren, from • !hese mouth
the document was taken, to form a new reg
iment; its follows:
"Charter of the Kansas Legion.
"Usti lib STATES OF. AM ERICA ,•
, rfrritory afKazisas. . •
"KtiOw all tnen by -these presents, that we,
the G4nd Encampment of the Kansas Legion
of Karina Territory, have created,:chartered,
and entpowered, and by theie presents do ere
• ate, and empower - George F. Warren •
to be *giment ---- N. of the Kansas
Legioti ; -and, as sueli, they are hereby inves
ted wt h. all and singular the authority and
privil4p-es withwhich. each
s and.. every • regi,
'went invested, working under a, character
from lobe Grand Encampment. ~.
"Inlwittiess whereof, we have hereunto set
our hands this sixteenth day of August, one
thousand eight hundred and 03410. , . •
,EL,lluxcurrisosr,"Grand.General..
K. GOODWISI, "Grand Quartermaster.'-'
Tke.constitittion consists of sit articles
regulitting . the.: organization of -the. "Grand
Lneappme.at,' which is "compoied.ofrepres
entatiles elected from-eaeb subordinate .regi-
merit existinf , ,, in the Territory,.
provided. I The officers of the Gran
shall cons* cf n Grand-Gerieral,Gi
General, Grand • Quartermaster,
Gr
master, Gratid Aid,. two Grand Sem
Grand Chaplain. •;
`The Ginnd Encampment shall •
nominations for Territorial officers
And immediately after such nominal
have been .f made, ;the 'Grand Gen
communicate the: , result to 'every',
in the Teriitory."l
"The officers of the "Grind• Ertel
are Grand; General Rev. G. W. E .
Lawrence .IK. T.
"Grand;,VieelGeneral, C. K. - 111 l
PCka, K. T.
Grand QUartermaster,J. K. Goo;;;
Fence, K.
Grand
,Paymaster, Charle.s Le
Leavemfoith city, K. T. -. .
i l
By "theconstitution of the suhO
en
campment,"."the officers . of each s bOrdinate
regiment shall consist of colonel,. a_ lieuten
ant-colonel, a quartertunster„ rad 4 and two
sentinels. The regiment located in each and
every. election district shalt make ndminations
for all candidates for office in their:respec
tiie,districts; but where there shill be -two
or moreregiments in any - one election dis
trict, of whatever _ kind, these nnrninatious
shall be male by delegates from tll
ice encampments within said distril
The "riiuni"euntinues the grde,
ness and: modes of rirpeeeciino• b itt.tbf
nate enearnpmeni.under thefolietv
• . Ist.Reiding. the minutes by tti
I
2d. Proposals for new recruits,
3d. Voting.fOr same.
4th. Initatien of recruits.' :,
sth. Reports of committees. ,
'6 th. Unfinished _business appeari
minutes.
7th. I.ocellaneous -blisiticis.
dth. Adjournment: . . .
The 'opening cermony"k)f the sl
encampments is as follows ; ' 1
."The .colonel , lieutenant-colonel'
.qinirtcr
master., piymaster, aid
.and sentinel in
t heir respOctive.places, the; regimer shall - be
called'and thug addressed Iby the dlonel
..
`'Co/onii. Fellow-soldVers in:the free-State
army : The hour has-arrived 41erfl we - must
res.ume the duties devolving upon us:- •- Let
us (melt, With a heart' devoced to ju,tice, ' ipat
riotism, and liberty, attend closely Ito all the
resrulstions laid down for I rtr.7overament:and
action ; each laboring temake. ibis review
1
pleasant and profitable to, ourselves, and a
blessing to our country. ;Aid, aret i he senti
nels at their posts, , with - closed dooisf
"Aid. ', They are. . • I • 1
I
"'Colonel. Aid, you, will now rf
troops in
,the regiment's passwords,
"Aid.., (After examination.) ' II
amined tem personally, and find 1 1
" Colo4d. I prOnotince tins reg .
raved and ready rot serviee!'
Then , follows the process of initihting, new
recruits, Who are properly , vouched for by
members of the order, theipreliminarilyObli
gatiens tai observe secrecy; the catechism to
which the candidate is subjected, 4nd the -ex
planation's of the colonel in respect' to the oh.;
jests of the order, which are thus stated.
" First i 'to secure to Kansas . the blessing
of being a free State . ; and, secondly, to pro
tect the ballet-box froth the LEPEROUS roucn
OF UNPRINCIPLED IiEN." t
These and all other questions b
factorily "answered, the final oath
ministered•:
. . ,
" With these explanations upon our part
we shall ask of you that you -take With us an
obli g ation placing yourself in_thesame atti
tude as, before. . i
" OBLIGATION.
•
" 1,-------,in the solemn manner, here,
in the presence of Ileavan.and those'witness
ers, bind; my s elfthat I never will reveal; nor
cause to'he revealed, either by word,' look or
sign, by4riting, printinn., engraving, paint
ing, or in, any manner Antsoever,' anything
pertaining to the institution, savelto persons
duly onalitiei to ' receive' the same. I will
never reveal the nature cf the organization,
the plach 'of meeting, the fact that any person
is a meinber of the same ;or even the exist
ence of the • organization, except i to persons
legally, qualified to receive the same. Should
I at any, time withdraw, or be suspended or
expelled from this organization, •Ii will keep
this obligation to the 'end of life. If any
books, papers, or moneys belonging to the or
ganization be intrusted to my care or keeping
I will faithfully and completely deliver to my
successor' in office, or any one legality author
ized to receive them. I will never knowing
in* propose a person for membership in this
order who is not in favor of making Kansas
a lice State, and, whom I feel satisfied will
exert his entire influence to bring about this
result. il l will scfpport, maintain,. and. abide
~
by any onorable anoveinent made by the or
ganisation to secure this great end, 'which
will not conflict with the laws of the country
and thei constitution of the United States.--.
I will tiutl!nebingly, vote for a support of the
candidates nominated by this' organization,
in 'pref , #ence to any and lilt othera.
'• Toall of this obligation I dci most sol
emnly promise and atrium, binding myself un
der tile; penality of being, expelled; frona this
organilatt in, of having my name publi'shed
to the 1 4everal Territorial std
as a
perjures before thavan apd a ' tra tor to my
country, of passing through life scorned and
reviled by man, frowned on by deliilsfursaken
by angels, and abandoned by God."
The:‘ closing _ceremony" is as fllows
.4 Leolonell Fellow-soldiers :'I; trust this
has been both pleasant and profitable to - all
We met as friends, let us part as t . rothers, re
membering that we'seek no wron to any ;
and our bond of union in battliiig forlthe
right Must tend to make its bettet men,better
neighbors, and better 'citizens; '' tWe thank
you for your kindneSs and attention, and in.;
rite you all to be present at our t:hext review,
to be holden at—A—, on--- , -tiext, at------
o'clock p. m. Sentinels, you will open the
doors, that ourtoldiers may retire pleasantly
and inorder." ,
,
Yottr eonunitted bave deemed 1, important
to give this outline of the " const tution and
ritual: of the grand m
emcampen 'and regi
mentS of the Kansas legion," as onstituung
the secret organization, political And Military'
in 'obedience to which . the . detionstrations
have been made trisubv*t the authority_ of
I the Territorial government established by
Congress, by setting up, a State riverstrrient,
either with or Withotit - tae assen
.of Congress
as circumstances should determizo. The en-
hereafter
'dorsement of this military orgeniiation, ;aed
the recommendation of the Big.. Briring - 'crin4 .
vention for" the procurement and .prep e ja,..
thin of aunt;," accompanied with.the 'distinct
declaratien that " we willl.,resist...them • [the
laws enacted by. the Kans&S.leiritilatitre] to . a
bloody issue, as soon, as we ' entertain' that
peaceaeble remedies shall fail ford re-'
sissance - shall furnish any reasonable prospect
ofsuccess," would seem to ado it rtes. , other
interpretation than that, in theevent'that the
courts of justice shall sustain the. validity :of
those laws, And Congress shall refuse' to , ad
mit Kansas as a to with the constitution'
'to!be forned'at Topeka, they will set tip :an
independent government in defiance of . the
federal authority.. • . - •
;The same purposels clearly indieated
. Ity
tlinether' proceedings of this convention, .in
which it is declared that " we. with Benin re-:
ptidiate the election-law, se.called. ' and morn, -
mate Governor Reeder for Congress to be ve 7 .
ted for- on a different day from that. author- .
ized bylaw, et' an• election to . be: held . • by . .
jnlges and clerks not appointed '
.in pursu
ance of any legal authority, and not to be
sworn by any person ,authorized by taw to
administer oaths . ; . and.,
.the returns to .be
made, and result proclaimed, and certificate..
granted, in a triode and by 'persons :not. per,
witted
.to perform these acts by any . laW, in
or 4iut - of the Tel ritory.
•In accepting the . nomination, Governor'
Reeder addressed to. convonti in 'as follows ;
and,. among other things, said :
" In, giving him this 'tiontitiatiott tn: this
manner, they bad 'strengthened his arms ‘ to.
do their iwork, 'and; in return, he would . now
pledge to them a steady. -unflinching, _perti
nacity purpnie, never-tiring industry,. dog
ged perseverane,C, and in all the abilities with
which God has endowed him, to the righting
ortheir wrongs, and the final. triumph of
their cause, He believed, from the Circum=,.
stances which had 'fur the htst eight , months
::surrounded him, and which bad at . the: sarne•'
time pliiCed in his_ possessionmany facts; and
bound hint ;heart and senl,to the. oppres s ed
voters of Kansas, that he could do much to . -
1 wards Obtaining a redress of the grievances.-
lle said that, day by : day,. a. crisis: •stris
veining. upon us; that, -in after-times this
would be to
,posterity •it turning-point, a.
marked period, as are to: us the opening -of
the Revolution, tile adoption of the Declara
tion-Of Independence, and the era of the' alien
and. sedition laws ;that we should . take eaeh.
carefully; so that each be -a step .of . progress,_
arid so that-no vielenCe be: done to the tie
which binds the A 111.2 rican.petiple`togetliei.—
He alluded to the unprecedented tyranny un-.
der which we are and •haVe been ; and said
that if any one supposed that institutions
were to be imposed by foiCe Upon a fre:e and
enlightened *people; they never knew, cir
forgotten the history of our fathers. Anifpi-
can citizens bear in their breasts tor.)
- ire
hritio fen irnii7r.tiirti.._ of liberty,
.
.to submit to oppression from any ..gearter.;
and the man -.v he, having. onee• been..fMe.,
could tamely.submit to tyranny, was.fit to be
a . slave. .
Etroamp-
Ond Vice
rand Pay
line's, and
aka all
at large,
ions. shall •
• rat shall
regiment
tinpterW )
Exam
%viti,Law
M. D.
o respect-
lr of boliki
irtislbleoaratlsi;
luarter-
, g on file
bordinate
view the
have
cor,
it oii ai
lie urged the Free-State men of Itanga.s
to forget all miaor issues, and . pursue deter
minedly the oee great object, never swerving
but steadily pressing on, as did the wise men
who followed the star to the Manger, looking
back only for fresh encoaragenient.
sealed that peaceful resistance be made' to the
tyrannical and unjust lays of the spurious
legislature ; that appeals to the courts, to the
ballot-box, and to Congress, be made. for re
lief from this oppresSive Wad that vielence
should he depreciated as long as a singl4 Intl*
of peacepple redress remained ; but if, at, last
all these . should fail—if, in the proper trihd
nals, there is no hope for our dearest right.,
Outraged and profaned—if we are still to suf
fer, that corrupt men may reap harvests wat
ered by our tears—then there is no more
chance for justice. God has provided, in the:
eternal frame of things, redress for ev,ery
wrong and there remains tons still the steady
eye and the strong arm, and we must con
quer, or mingle the bodies of the oppressors
with those of the ,oppressed upon the' soil
which the Declaration of Independence no
longer protects. But he 'was not at, all ap
prehensiire that such a crisis would - ever. ar
rive. lie believe& that justice might be
found far short of so dreadful an extretriity ;
and, oven should an appeal to arms come, it
Was his opinion, that. if wire preplred,
that moment the victory is wen.'-' .
In pursuance of the' reconimendation Of
the mass meeting held at Lawrence. on, the
14th of August, and endorsed by the conven
tion held at the Big Springs on the sth and_
6th of September, a convention was held at
Topeka on the 19th and 20th of 'September,
at which it was_deterinieed to hold another
convention at the same place `on, the
..fonrth
Tuesday of October, for the purpose 'of' form
a constitution and State - government ;
and to this end such proceeding were had as
ware deemed necessary for giving, the notices
Conducting the election of delegates, niaki ng
the returns, and assenibTyitig the cottventiou.
With regard to the regularity of these pro
ceedinge-, your committee see no necessity .
for further criticism than is to be found in
the fact that it was the Movement' of a polit
ical party instead of the whole body of the
people of Kansas, conducted without the
,law, of overthrowing the. Territorial govern:
ment established by Congress. . . .
The - constitutional convention met ~at at To:
peke on the-fourth Tuesday of October, - and
organiied by electing - Colonel ,J. H. Lane
president, who returning - his acknowledge
meats for the honor, repudiated the validity
lof the Territorial legislature and its acta , in
I.these words • •
" Gentlemen of the convention ',C. For -the
po,ition assigned me, aceePt iriy" thanks.-- , 7
You have met - gentlemen on no ordinary : 643-
oasion,. to accomplish, no ordinary Purpose.--
You are Ihe_first legal representatives the teat
twitters of Kansas have ever had. Yen . coni: :
prise the'first eleoted .representritive
bed) , ever assembled in the -Tertitery,7
" -Ptiit 2 Yr,Ociober 26. —Mr. - Satit4 offered
the, .follawieg resolution, ,histylictibg the
standing . conithittees
"liesoliled, - That the . -various committees
of this oonirention he, and they. are _ hereby,
instructed to frame the work, having in:-: view
an immediate organisation of a State govern- •
meat.,"
" Oltotier the,eveniog.seastoif the
dehatee'Vart.high upon Mr. Smith's monition
itrfor e ionootto an iminelliate - Stete' organize':
z00..,'.T1M mover _ of the .reaolutions Was 'la
favor of electing tate officals fit . once: lig
would advise nehesitaticiu ; he would rimed
eink satis
is. thus ad-
001-11114 ta;
a bold ftont and waver.nOt. Te6 l .
ritory was without : la wa;life and'
were unprotected..: govein -
.went had broken 4own..- could_not leave
it, an hour for the action of Conkrelis attar an, •
appliestion - -fer adMissiok hut *Mild _set ups:•
an independent Coin of goverortmot."4M;
Mr. Emery said ",.tiewi ChaitrlA!kk - '
- what - doek this reso lution: eptiteMPlatit"
_What is proposed td be dettal_ that Peo:- .
poses - to supersede the - present wine-it
efficient, Territotial government, and hails' it
enunciates the fundamental idea of the con-
stitutional movement.: Ay, it does more. 7 11
Ptoposes to proteinto a fact the leading WO'
the Declaration of Independence, theingiitst::
human authority in American politics,
is this . : Whenever Any •. of government _
becomes destructive of the•ends,for- whit:kit
was instituted, it, is the Tight. of the , people td, •
alter or, abolish it, and to .ittstitute_- - nelro, I
government. .It.proposes to-ferea,tbeories
of -
human rights into facts, to practically..-apply
this great principlrp to thet wants Ma. Ate ne t
cessities of the doWn-trodden people _ of
sax. Ido not question this right orthe peck
ple, 'and certainly:no gentleman on-this - flea
will disagtee with me. If he does, jia' °Ceti;
pies a most extraordinary position ; and Dolt
sistency would suggest that ,he withdraw
from this. body. No, Whet. we say that, Wo7
will take measures to supersede and ; _tander - .
unnecessary that thing
,noiv.lixtended liver - 11d
called a Territorial ,government—wheo, !ire'
say and maintain:that we have a nght_ guar.:
artier' by the constitution; to have a - - fotmo-f
-gOvertinient resting On our .own consent and
free will ; we the'only doing whit,. aa_Anteri -
can citizens, .we have aright tri.d6; .
propose to carry out. the, doctrine, Mutat, a
bitsed and grossly misrepresented.' in it hail
been—l Mean the doctrine of squatter sover
eignty, under which we are assembled . ' hem
to-day, and , in pursuance of the principlesof
ive . hope. to-,extrieate citirsebT
our presin unhappy c,onditiOn.”
It is but just:to_ state * . that; in'anOthir part of
this same speech, Mr. Emery declared bbneilftip;
.posed to In immediate; lectiori "under thek.fiew,
constitut tied an immediate session of the .
general; ssembly, - when all - the *betel 'of State:
governtn eat shall be put inmotion, irreaPartire - - •
of the action . of Congress, upon Aue - applinatioi,
fur adruiSsion.. Mr. E.. presented his'objectlemi
to the position of Mr. Smith, and maintained the'
views above indicated::'. He: contended : _that, - in,4-
asnmeh' as this Territorial form ot. Gevernmint.
was recognized by the Supreme Cenrt ofttfi r--
United States, and hence a legal form - ,ofiguiertt-
ment, no other government eoujd be substituted . „
so long as that was in existence;Without risking
the most-serious consequences; to say the
In reply to the advocates of immediate State
org,anization, - Mr. Delahay, of Leaveevioithl,
. • .
. "Under the , de fi nedAiglits of squatter sower:: •
eighty, as enunciated "by the- Kansas Nebraska
ac t. is
- tra,rdfehrifitki-m i selve4 - the bardeaa .
people of Kartsaath organize.a new governmen
if its authority is to come in 'Conflict:with that
of the government created. "b " y-Congtes&—Tke
g&itleman from Lawrenie (Col. Lane} has its.
sumed as a fundamental position, in advOcating.
an immrdiate Siete ,organization, that neither
government nor local law exists in this Territi:
ry. sir I must dissent from that position. I -
deny, Air. Chairath, that a Territorial germ:v.
:tent can be legally abolished by the-election or
anotheriovernment; "'I "hold, on the contrary - A '.
and I think - . that thy " pealtion would be suppertr
ed'by our highest legal authoritiea;that the pnitt-T.
or of a Territorial - govertimenceasee only -lid' '
the enactment of the body which created;at;
Other words, that the governnietttatellaws of
Kansas can be ati,ilis'hed by Contrress.idoney And:
are beyond. the reach of, this ..Territorycor tutir
others power. - I do not pretend to - deny that,as
all civil poWer is derived front - the pople, liter
have the-mornl right to abolish unjust lawn, - or
. to overtbrow-obnoxions governments by force
but I'do. quesiion the expedienCi of effecting a
reform in. Kansas brainy overt not of rebellion:
For I must confess, Air. Chairman, -while I. cast
not the shadow of suspicion on the .motives of -
the advocates of this niesitire, that fq•ri the Void;
of view from which I re - gard this question, it ap.
pears to me - to be an act of rebellion." • - '
Yotir committee lhave made these voliittun' ,
extracts
from the' - beat authenticated .reporte ...
which they. have been able te obtain. of . the pro l ,
ceedings of.the converitiod, -for the purpose of '!
showing that' it was 'distinctly -understtiod on alf ,.
sides that .the adoption fit the proposition fbr'ON
,aanizitig the State-government before the assent`
of Congress . for the,admission of the State should
be )btaiued, was a decishin in laver of ropildia;
Ling' the laws, and overthrpiing the' Tertitorkt
governirctit in dell'arte° of- the authority of Cott:'
press.. By this decision, aiincorporatedinto dui •
schedule to the - constitution, the vete on. *Ova:
ification to the ,Censtitution was to be helttori,.,,
the 15th of Deeember ' 1855 , and the election for
all State officers on the third Tuesday of Sanaa:
ry, 1856. The third seetion of the schedule
is follows , .
• "The general aisenibly shall ineet.ori
day of 31;ircli, A. D. 1850, , at. Topeka, at IS_- :,
m., at which time and place the governor;
torten t, governor, secretary of state, judges,,it ati;
ictne" court, treasurer, auditor, State prtatef t
porter and clerk of Supreme"court, and attorney -,
- gencral,shall appear, take ;the oatb. of OS* and - -
enter upon the discharge of thi duties of theb
respective offices under . this_ denstiteticiii
shall continue irt_office in the sane manner, arid"
during the saute period; they= would have done
had they been elected , on the first IliondaYotflu.`' '
gust, A. D. 1156:' - • •
The elections of all, these °ulcers
at the times specified ; atitlen the 4th darer thsi-,
present month:the newgeoternelOut win s to hem
i i 1'
been put in operatio 1, n conflict with "" the .: -•
Ter
rit3riat government established by CoUgvess, Sad
for the avowed gurpose 6f tfribverting and over- - - - . -
throwing . the same, Willie* - !•efermicelfi the SC:
tie nof Coongress, irrni„their applictitiOrt hi= - . : :- ,
mission into tho Union. ' -
-Your-committee s*not aware of tiny - tau a
the history: of our tiWrt °email which can
'y cited as an example, winch leisrijirstitleitt*
for these extrionlinarriiroceedlngs.Qum* ha s t'o_
occurred in which the - inhabitants of.partasulat,'
Territori.es have been Permitted td forot
tutions acid take the ate* -
gasizatiorice Stath governmentsfprOaterifto
their admission into the-,Uniorii withostkiilitaira
ing the previous assent of Ceogrinur
'ery instance the proceeding' .
r"
l and hiien eonduetedin ordination 10; 4jit
thorny of the local ; governments _establla W -
,resagati e d by
"the • goYeruntent " o r ow wawa,
States: Michigani ArWeas, and csilik
fornia, are sornetimed cited :as eases 3n paint;
-
Michigan - was ermined-Into Tan .irrinaratiia
inciiet the ordiuMent'ot-the 13th of
!!as reeogulsed tuid,earried- into_ effect by** ol .
cofii-gress-adwoopt • 0014" o 1.4a016;;•:-
'Oral conititation; in that, ordlOalra it wittrltve"
eidedthat the TerritOrtriorthwestaf
river. iheuld be divided into notlees'thartWear
ner.iitore' than five Meta; "acid wheneTtirnq
of said States shell havetrlAtt ll4 -4 4 alui free Ind
tabiiauts therein, such `State shalt biltedmitisdf!.
by its delegates, itste. - thcquigolailtArto
614t0i, On au equal 'fingui!!..Yrkitti Ilte-sirtinatH
States in atr teetteitti - :-Msamr — . - qn,iuut - 4411110 ,
See fourth ear e:
EMS
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