ADMISSION OF BANSAS.
rrSERATS, FEBRUARY 24T1.
11r. BucustEw x from theSelect.Cornmittes,
101 which was referred certain resolutions re-
lacing tithe admission of Kansas into the ,
Union as it State, made the following . report :
That the Committee; in addition . to re
potting back to the Senate the ro3otutions
referred to them—the one with a recumtnen-
Amite that it be indefinitely po,troned, and
the pother in an amended form--deem= it
proper to-state the grounds upon ahipli their
action •ir founded=.: -
•So pertinacious and vehement hare been
theetforts to rendei this measure of admission
, obnoxfons and unpopular,. and so much is
the peace and harmony of the coiLntry involved
in a correct understanding of, it; that your
committee believe that some examination of
the subject in the Legislature, to be followed
by the, expression - of its jtigeMent, in the
form of a resolution, will - diSabtisa the minds
of many from ( . 4.4 impre:C-dons,:.and bare a
• salutary effect upon public opinion.
Our experience in Pentriyhania in making
and amending constitution's may he examined,
•
to aid us in solving the difficulties of this
Kansas question. Fer that pfirpose some ref
erence-will be made to our awn constitutional
- history. In 17-76; in consequence of a ciien
far from the committee of safetyofailadelPhia
. to the committees of :the several counties,
dosing the resolution_of the Continental Con
gress of the . 15th May,. Members were' ap•
pointed from the several counties to
vincial Cot/faience, which met in Philadelphia
on the 18th June, and adjourned finally the
25th cf the same month. This conference
.recommended the -etectioit - -of delegates, to
assemble in convention, and forni a constitu
tion for Pennsylvania, as- an -independent
• State, and provided the manner in which the.-
.
elections• for that purpose! should be held.
la consequence of this recommendation, dela
..gates Where chosen by the people, who as-.
semble'd in Convention. on the lath day of
July, 1776, and proceeded to form the coniti
tutien of that year, without subinitting it, to a
rote.uf the people or other proceFa of ratifi 7
wait:M.—That constitution, _ it will be- seen,
lad a revolutionary origin, and it .continued
in farce fourteen rears
.umil 1790. It con-
mined some-tat/4s which disturbiid its practi
cal operation. The legislative'department,
consisted of a single body, as i-n colonial
times, and the executive consi.red ota council
and prident,, the latter being selected by the
joint _vel;e'of the council and .assembly. A
council of berAors was also established, who
were to review, from time to. time, the cow-
duct of the < different. departments of the
government, and report to the people any vio
lation of the constitution'by either.; and they
were empowered; by a two-third vote of their
number, to call w convention to amend the
constitution. A single legislative body,. -a
leinral executive,and a. censorial council ,to
criticise official action, but Without power, to
enforce its judgement, were the three capital
errors of that constitution; and' rhe arrange
ment for the amendturrit through the action
of the censors was found to be impracticable,
A majority was . % favor at one time of a con•
vention, and att anotlier against-it: hut; at no
time ,could an-
. rtflitniative two-third vote
, be obtained, Finlly, under the pressure of
necessity in favor of-cisme, the subject was
taken ny by the Legislature, and on the - 24th
of March; 1789, in Assembly, reaolu
tions were adopted setting krth that alter
ations. nd amendments to the
, constitutioa,
were immediately necessary ; reciting froml
the Declaraion of Independence the assertion
of the-right of the peotlle to alter or to abet
ish their government, and to institute a new
one, and also the clause of the bill of- rights
.in the existing constitution—" That govern
:meat is, or ought to be, instituted for die
common benefit, protection and-security of
- the people, nation or co:ntun i nity, and, not for
the patuneut or advantage of
any singly; isr-set of men, who
are a part only of that community—and that
flte community bath iii indubitable ; unalien
able and indefeasible.tight to reform, alter, or
abolish government in such . a manner as shall
be to that community judged most conducive
to the public weal!'—From all which, as
well as the nature of society and the princi
ples of governtnent,it manifestly appeared that
the people have, at all times, an inherent
right to` alter and amend the form of govern
ment in such a manner as they shall .think
proper-; and that they are not and cannot be
- limited to any certain rule or mgde of accom
plishing the same, but may make choice of
such'method as may be best adopted to the end
_ proposed ; and that fot further reasons assigned,
the delay'of the mode prescribed in the con
stitution "to:. ametalernent ought not to be ad
mitted. It was therefore proposed and earnest
ly recommended to the citizens of the Com
monwealth to take this sobject into their
serious con-ideration; and,,if they concurred
in opinion with the Assembly that a cocven
tion fot the purpose of revising and altering
the constitution of the State tight to be cal
- led, it .was submitted to whether it
would not be c . mvenient and proper to elect
members of such convention at the next gen
eral election, and that, upon their pleasure
being signified at the next sitting, it Would_
provide by a law the time And place of the
meeting Of the conventioe, arid for the pay
, tient of- expenses incurred. thereby._ These
'important resolutions were adopted by_the de
cisive .vote 'of forty4ne to seventeen. At its
next session the Gerleral Assembly called .a
c.onvention . "for the pur_po-e, of reviewing,
and if they see occassiore altering-and amend
, jog the constitution •of the State." The reso
lutions for „that purpose were adopted by a
vote of thirty-nine to seventeen on the- 15th.
of September, 1789. Thee legislative pro
eeediugs resulted in the constitution - of 1790,
and would seem to stand justified by the
•, ,
reasons assigned, and by the,further one, that
although the constitution of 1776 provided a
- - mode of ameudment, it did not fo rbid other
modes ; and,that• therefore the ordinary law:
snaking power, could - initiate necessary
proeeedi Nif• chunoe.— That constitution of
x. 1799 was preelaim;l by the convention, and
put in force by it, without any sub Mission of
the instrument, or any part - of it, to a topular
vote, It remains in force -to this day, a period
. of sixty-eight yeais, , modified only by certain
- ameniinents to which it had been subjected.
In 1825 a law war passed by the-Legisla
ture for taking the sense of the people upon
the question of a convention to make amend
, tneuts.-i That, proposition -wits however re
,' jected. • -
Ten ,ceari later—in 1835 lei's was pas- !
e;441, entitled, "An act to provide for calling al
convention with limited papers" It provided 1
(OVA Tule for the purpose of ascertaining the
sap* of the .citizens thie Commonwealth,'
on the expedieusy of calling a convention of.
itelegatim, to Le l eir g ta by the people, with
authoitly to 61 ; binit. amendments of the•Strite"
(Smstitution to a vote of , a
the
_.people, for
their ratification or: rej4otion, nd witkno
other _or greizter power whotiocrer,"., The
vote taken 'in. pursuance -of this set slut in
fo re a a
_c A nigention, and bi tigs inisiequent
act of tite 2:Atis of March,..tB36: - proe'ision was
made for.eh;cting thO delegates, and for the.
submission of the aduaeralments proposed by
them, Without pausieg.-ta explain the !verde
char I•eavus - which wasted the Legislature'
molrietiple: it is clear itiat conseatica of
pa.2g . tsz. ti member:: of which were elected
with reference to these lairs, possessed Only
limited powers. They could not form a new
constitution, nor abrogate the old, nor put
their amendments in force. They could only
frame propositions of atnendments, requiring
a vote to give them validity.
Those amendments of 1838 were _adopted,
and the constitution of 1790 was so fat
changed as they expunged old matter or in
troduced new.. Among those amendments
Was one an relation to future amendments,
which now constitutes the 10th article of the
constitution, and providei' that amendments
may be proposed by amajorite of all mem
bers elected-to each llouse,of the General As
sembly- at . two successive sessions; *hied),
upon being approved by s public vote,' will
take effect. Under this' provision one
atnendement was adopted in 1850, and four
in 1857. If this provision regarding changes
in the constitution, sl-ould receive-the same
construction as did the provision in the con
stitution of 1776, it does not furnish an ex
clusive mode of stiendment; and ,the legis
lative power of the State is comOtent at any
time to provide for calling a constitutional; ,
convention, •the power of which, whether,
general, or special and limited, will depeixli
. opon'the law under which the- delegates are
chosen. And as this section of our present
coniititutionAdoes not - forbid other modes .of
amendment than that provided -by ite it is
clear that this construction must be accepted
as a trte one. I
Let the facts of this -sketch be applied to
• the convention and constitution .of Kansas,
end - difficulties and misconceptions regarding
them will disappear. The Legislature of that
Territory passed an act for taking the since '
of the people itteen election in 1856, upon the
question of a convention to form a constitu
tion for Kansas. Subsequently, on the 19th
day of February, 1857, the Legislature passed
the law for, the election of delegates to the
convention.
The delegates were elected in view of these
acts, and their Powers were, of course, general,
and similar to those of our conventions - of
1776 and 17,90-the only conventional-bodies
ever assembled in this State - , from whose
,hands cattle forth an entire constitution. The
necessary consequence is, that the constitution
framed by the Kansas convention would be
valid, and subject only to the acceptance of ,
Congress under that proviiion of 6 consti
tetion of the United States, which gives its
t i
jurisdiction over the admission of a new
State. It is not necessary hen) to inquireT
whether the shivery clause of that instrument
stood upon di ff erent grounds from other parts
of that. if that be offered, the answer is, that
_it was submitted to popular decision. If no
such leial obligation existed, it was not neces
sary-to submit it, and the doing so wawa '
voluntary act of the convention, with reference
to political reasons eond public expectation,'
rat her than 'legal 'course. The constitution,
therefore came to Congress a lawful- instru
mero, nud sanctioned' by ordinary legal and
constitutional principles.
Now, updu questions of public or political
right, the whole country and all its inhabi
tants are under Law, and ,judgment must be
given in favor of that party or individual
whose position -stands 'sanctioned by it. _lf
our system were not so, through all its parts,
it would be worthlessend speedily dissolved '
under the breath of rev olution, or be struck
dOwn by the strong arm of force. Nor is this
condition of things incompatible witht rue lib
erty and freedom. r Our system has abundant
facilities for amendment, change'and reform,
in connection with power to enforce existing ,
laws and rights, public and sprivate.—And
that people who cannot control'lleir passions,
but will-str ik e at law orl constitution other-
e,
wise than by legal - and orderly modes o f
amendment, are unfit for free governments,
and cannot long maintain them.
The lawful and 'regular character of the
proCeeding for the formation of the Kansas I
constitution, and the validity of that instru
ment, as presented to Congress, having.been
shown, and the argument illustrated by our
own constitutional history,it remains to iotice
Some of the leading objections heretofore made
and to give them a fair. reply. ' •
Ist. The oljection that the constitution is
unchaneable
. until 1864, is fully_ answered
by the citations already made from Pennsyl
vania constitutional hist6ry. We may con
clude that the same power will exist in the
people,of Kansas eo,cbange their constitution ,
through a regular process, as that exercised
by our own people in`changingehe constitu
tian of - 1776. The cases 'are alike upon the
question of power, and the one iirsolved by
the decision of the other.—Any one who ac•
eepts ear Pennsylvania practice as r gular and
lewful,„will not doubt that, upon admission,
the people of the new State ofKansas will have
power, through a convention, to. amend or
i change altogether their fundamental law,
retaining in any case it ' s republican form.
The power stands upon the solid foundation_
Where our fathers placed it, and upon general
grounds of reason where a constitutionpro
virles fur its own ame ndment, she mode or ,
time so provided cannot he exclusive, unless
(others are expre.sly prohibited.
Every -presumption should be made in favor
of popular right in legal instruments of go..
vernment, and the powerOf changing them
must remain entire, unless expressly limited
or forbidder!: Thee Kansas constitution does' ,
pot forbid amendment before 1861, and it I
does contain a declaration of popular power
over constitutions similar to those quoted •by ,
our , Legislature of 1789, in a case precisely.
similar tn ehe present one. 1
2d. Upon the final adjourment of the,
' Kansas convention' without its submission of
the whole Constitution formed by it to a rote,'
objectt'on was made to it upon that ground ;
and a constitutional philosophy altogether ,
novel was produced upon the oceasion„to I
sustain that objection, by Robert J. Walker,'
Ithe of the Territory. It may le
i found expounded at large in his ' stibsequent
I letter of resignation, and it constitutes .the
Imateriel point in the message of Mr. Secretary
Stanton. to the 'Territorial Legislature; on the
,Bth . of December; 1857. It Was this, shortly ,
stated'-that the people cannot make' or attend
ia constitution through• agents,- sovereignty
'.being "inalienable, a mite, sod incapable of
delegation;" in whole or in part. The pm
t tical result arrived at by - Goverrot and Sec
s retary, from this doctrine, was the invalidity
of the Lecompton Constituticm; without a
popular vote upon the whole of it.—Strange
as it may seem, all this is spread out in offi
cial. <locum:rents., and constitutes the leading
ground of ohection by Governor Walker to
. the constitution, as 'stated by himself. Noth
ing :more untenable andmore opposed to
ernstitutieinal principles, as understood and
placticed in this country, could be pro
duced. _ •
Doubtless under our republican system, the
people are sovereign, and constitutions must
L proceed from them; but they would no longer
I be sovereign if stripped of the power of ap -
I pointing agents or representatives to act for
Ithem. Gov. Walker quotes no authority for
his. doctiine, eicept himself. lie says •he
stated it in an 'address in 1833, and again in
1. 1 parriphlet given 'to the country in 1856.
llt is not perceived hp*: its repetition can
strengthen it, in the absence , of, reason's to
sustain it, And in the face of authority against
it, the itiogi - wreighte- and cc:limi:mire. Suet
'lautbority is furnished, by, the Constitution of
the r'sited States / And 'by that of Pe nnsyl:
railitt,
The 'former was- prepar I by a convention,
the members of which w.re selected by the
State Legislatures, and it: .as ratified-by con
ventions in each State, elhcted for that purs
Pose:—No part of it was a l ter submitted to a s
popular vote. The amen ments proposed to
it by Congress in 1789) 1193 and 1803,
were ratified tby- the - Leeislatures of three•
founts of the States, pure ant to the fifth ar
ticle of •the constitution, feinting to amend
ments. And now, and teeafter, any amend
ment, whatsoever may be ratified by Legis
-1
latures or conventions inPee fourths of the
States, upon being propossd by two-thirds of
both Houses of' Congress, or by a convention
called by Congress, upon application of the
Legislatures of two-thirds of the States.
It will thus be. teen ,list the sovereign
people. of Pennsylvania acted through their
Legislature, in selecting sembers to. thetoti
v.ention, which formed t e Constitution of
the Uuited States; that, on three occasions
they have ratified dmendments to it through
their Legislature, and ,that by the sth article,
to the execution of which they have bound'
themselves, Any further amendment may be
proposed by Csingreas or a convention, (under
Certain rest letions,) stud ratified by Lees
futures.
• or conventions, lin three-fourths of
the .States. The only xception from. this
'power of amendments is , that-no State can
be deprived of its equal-representation in the
Senate. And in fact, wish the exception of
State representation in the Senate, any and
all pans of the constitutiOn may. be changed,
against . the opposition aid protest of Penn•
sylvania, if other States and Congress give to
it adequate support. She has bound herself
to all ads by becoming a party to the Union,
and cannot be relieved fun her obligations
by any refined philosopht s whether proceed
ing front men of distincti9q or-not.
Such is the character of the constitution
making
and amendingowes, as illustrated'
II
b? the Constitution of the United States.'
And when we turn to ouriown Stale, the case
is egaily clear. Both o our State censtitu
1,
dons were formed _by c mentions ; neither
were submitted to a popular vote; sod we
are.living at this moment under a constitu s _
Lion so formed ; and it is ( manifest that a new
- constitution might now be established through
a convention in the samelmanner and Lavin
• equal validity with former ones.
- The notice of this objfction becomes im
portant when we consider it as an assigned
' reason of the difference between Gov.' Walker
- and the Notional Admin i
stration, leading to
) ts
his resignation, and also the reason stated
by Secretary Stanton fo l convening the Ter
ritorial Legislature in 187, and recommend
ing to it the passag e of an act for-a rote to
be taken on the L ecompton Constitution. • It
is directly connected. niith. the conduct of
those officials, and distinctly put forward by
the latter as the ground Upon which-the vote
in 'January upon the co nstitution could be
justified. Without this,ccording to the ad
mission of M.-. Stanton Ito the Legislature,
there wou'd la e been nb legal pretence for
the 4th of Jai tatty rai and thertfirts the
_force to be assigned to t at vote will, accord
ing to him, depend- 41togeih.t .upon she
soon 'ness of the objectioh ; but as we have
demonstrated that the 'objection is wholly
groundless.s-that not ()Wit is not sustained
by authority or reason, ',but is utterly con
demned by the high authority of the Consti
tution of the United States and of Pennsyl
vania—the whole fundatton for the January
vote is destroyed,Red i4sands-without valid
ity., or force and effect upon the constitution
against which it was directed. And- at the
same time the policy of stie administration as
against the Csovernar.and Secretary, is vindi
cated and the officers 4Condetnned, upon the
ground selectedW,itheinselves. It is indis
putable that the` pSisilsi in selecting a con
vention to form a constitntion, may, and do,
delegato,to them the- whole power necessary
to establish it, unless the e be some expressed
limitation.
Having thus shown t re untenable nature
of the position assumed' by Messrs. Walker'
and Stanton, upon w 'ids they threw their
official influence, again t the constitutional
party in the Territory, and-at the same time
demonstrated the futilitir of the January vote
by the failure of the rest‘on assigned for it by
the man who _recommended it, and whose
officiaract caused it tojbe taken, we fright
conclude this part of lie subject. But the
warmth with which th 4th of January vote
is pressed as an independent, objection to the
constitution will excuse 'something further.on
that point. And it may be confidently assert
ed, upon general grounds, that not only was
it without legal effect upon ibe constitution,
but was itself wholly irralevaut and-void. No
Legislature in the country ever assumed
jurisdiction over the formetion or ratifica
tion 9f a constitution. eicept upon. any express
delegation of power for 4 f.hat purpose; and the
•assumptiorsof such power by a representatative
-body,
,in the absence d i f express grant, must
be, of necessity, an usurpation, and its acts
relating thereto, wholly 'void. The taking of
the sense of the people on the question of
calling a convention, and providing the li.gal
facilities for electing th delegates, rests upon
precedent and neessity ;@ but neither reason
extends the ordinary legislative power to the
subject of formation and ratification. If this
were nut so, the Legblature might remove
constitutional restrains upon itself at its own
pleasure, or assail other departments of the
government in their jurrdiction ; and, in the
case of a Territorial Legislature, might extend
its own existence,or retain . power in the hands
if its - own-party againstla constitution obnox
ious to them. And the same reason will ap
ply against accomplishing the same ends di
rectly through a
_poplular' vote. Certainly
the Legislature cannot, do, through others'
what it is prohibited frdm doing itself. If the
Lecompton Constitution was a valid ibstro
oi
ment- prior to the 4th ' January, which has ,
been proved, it would continue so until the
power of the people, Sc jog regularly through 1
well-established surd wll-known legal forms
and principles, should mend it, or substitute
another in is place. , Certainly, this can
only be. done (in the absence of constitutional
provision) through al popular convention,
where deliberation and delay will sectre wise
and just cbaiges. The destruction ofa con
stitution after it is one made, without a sub
stitution of another, Was never before heard
of in the United States!, and such an attempt
has no foundation, either in reason or law.
The man who would. assert 'the power of our
Legislature to- submit the constitution of this 1
State to a' public vote,' and upon a majority
being given against it, that it should stand
an - idled and aestroyed,would be justly regard
'ed as foolish or insane. No such recolutinary
principles exist in our Ipolitical system, and
aremay hope the time willbe long before they
are admitted or practittled. ,
3d. The objection made to admission which
has probably .bad mist
_effect upon public
ei e
opinion, is that stet in Governor Walker's
letter of resignation, r his exposition of in
alienable sovereignty,. !ready refuted. It is,
that a large part of the people of the Terri
tory had no opportunity to vote for-delegates
to the constituti*l convention. If this
were true in point'Of fact and to .the extent
1 i • uggered—if nineteen or fifteen counties of
the thirty-eight composing the territory_were
wholly disfranchised, Ithout fault or neglect
it
of their own—if the t rritorial act providing
for the census, registry of votes, and conduct
. ing of the election, wall so imperfectly execu
ted that its objects were wholly or mainly
frustrated, and that without fault or neglect
of those disfranchised—then, indeed, would it
appear hard and unreasonable to bold those
tippilsed to the constitution to tm bound by
it, and to fasten it upon them by congression ,
al acceptance. This objection involves dis
puted matters of fact, and- the committee,
having carfully.examined it, are , prepared to
substantially deny its forces The facts up
on which its rests, have been most 'disingenu
ously and unfairly stated, ,while others which
qualify it have been suppressed or withheld.'
The Territorial_ Legislature passed &slaw'
for taking the seem of the people upon 'the
question of a convetttion to form a constitu
tion, and subsequently, on the 19th of Feb
runty, 1857, primed a law for the election of
delegates to the convention. Both these acts
obviously contemplated the possession of
general powers by the convention. In neither
was there any limitation of restriction what
soever. And the delegates having been elect
ed in view of those laws, possessed the power
of forming and iMacting a constitution, sub
ject only to theiratification of Congress, as
heretofore shown.: The act of February, 1857,
upon examination, appears to be entirely fair
and just: It extends the right-of suffrage to
every bona fide inhabitant or theterritory on the
3d Monday ofJunelB37,who,beingacitizen of
the United States and over twenty-one years
of age, shall have resided three months in the
county where be offers to_vole• and provides
adequate penalties against illegal voting,
frardulently hindering a fair expression of the
popular vote, and unlawful attempts to in--
fluence the electors. And as a further guard
against frauds t and to secure the elective
franchise from prostitution; a registration of
the voters is required to be compiled from a
census previously taken by the sheriffs and
their deputies. The census returns are
_to be
filed in ti e o ffi ce of the probate judge, show.
ing the number of qualified voters resideut i ie
the county or distrier,on the Ist of April, and
to be posted in public places. And the pro
bate judge from the time of receiving them, l
is to held his court open until the Ist of-May,
for. the purpose of correcting them, by adding,
names, or striking out those improperly insert
ed. Provision is also made for vacancies in
the office of sheriff, by authorizing the'probate
judge to act in his place; and iu care of va
cancy in both offices, the Governor is to ap
point some corffpotent resident citizens - to pro
form theif duties.—The other details of the
act are equally unexceptionable, and tend to
the production of a fair and honest election.
It is to be further observed upon this act,
that voters omitted from the census would
have full notice of the omission, and ample
opportunity to have their names added, by
the probate judge to the register of names.—
Full time is also afforded for the proceeding.
lint it is notorious and undenied that—the
great body of those who did not vote at the
subsequent election in June, withheld them
selves from enumeration and registry,
and in
stead of assisting the officers ,
as good citizens
should have done, interposed all possible ob
stacles in their way, extending in some cases
to actual intimidation and force; because
they denied the authority of the Territorial
Government and laws, and intended by their
conduct to refuse 'a recognition of them.—
Yet over nice thousand names were registered,
although many who were registered, and in
favor of a convention, did not vote for dele
gates, as in many, if not Rost or the districts
there was no serious opposition to the candi
da•es named. 'But the case is even yet stron
ger than these facts make it. A part of the
nineteen counties, so often spoken of, were
wholly Without inhabitants; they were coun
ties upon paper established in expectation of
future settlement. • Beside these, most of the
counties compo,ing the nineteen had an in
considerable population ; settlements in them
having just begun. It is said that four only
of the whole' number had any considerable
popirlation, and that these were the very ones
where the Topeka party were strong, inter
posed resistance to the law, and neither de
sired nor attempted to qualify themselves
for voting at the. election. It issnot necessa
ry to go into minute details, nor to explor'e
the causes remote or immediate, which in
duced opposition to that as well as other ter
ritorial la - ws, although such inquiry would
strengthen -the general cancluslons already
stated. As far as the objection to tlie,pow
era and proceedings of the convention, on
the ground of narrowness of suffrage in the
election of the members is concerned, that
man who would remain as objector,-after,the
foregoing statement, would remain uncurl
vinced by the production of any arguinent
whatsoever.
4th. Finally it is asserted in general terms,
that, including all, parties arid every descrip
tion of persons, a majority are in fact opposed
to the constitution. •
The answer to this, if its truth be admitted,
is two-fold. Fir,t,.that such opposition, in
point of law, must express itself hereafter in a
regular mode in amending the constitution;
that' each majority,4f it exists-, cannot nullify
and hold for naught. a constitution regularly
formed ; in, short, that majorities equally with
minorities are bound by existing coustitutions
and laws. The other reply is furnished by
the late masterly and conclusive message of
the President, transmitting the constitution
to Congress.' It is there shown by the most
satisfacto y evidence, that -the great portion
of this alleged majority is made up of insur
gent and revoliitiinkary elwnents.
Tire official dispatches, even of Gov, Walk
er licaself, stamp upon there:peke party, both
designs and overt acts to rubrert and nullify
the Territorial laws, as well as desist any con•
however unexc eptionable , to be made
by a convention convened under them. In
fact, armel bands organized in open hostility
to the authority of the laws, to resist their
execution, and to uphold the authority of the
illegal sod revolutionary Topeka constitution
ar i d government, have openly traversed the
Territory in the accomplishment of their de
signs, and yet exist, under the lead and coun
tenance of the leaders of faction, turbulence'
and disorder. No proposition can be clearer
than that revolutionists, and those who open
ly aid and consort with them, waive for the
time being their political rights under the
government against which they rebel, and.
can have' no legal claim to be consulted in
those political proceedings which are con
ducted under the regular authority of the
laws. And for them to demand that. their
voices shall be counted to destroy the powers
and work of a convention which they repudi
ated from the outset, and in the election of
the members of - -,which they neither desired
nor attempted to participate, is both impu
dent mei monstrous.
If there be fault upon the part of the gov
ernmeet with reference to-the insurgent and
misguided population, it is that they have
been treated with extreme leniency and for
bearance,illy requited by continued turbulence
and resistance to authority upon their part.—
And that the appeal should now be gravely
made, in their behalf,- for the rejection o a
legal constitution and the continuance of ex
citement and disorder in the Territory until
they shall be obliged to subside into "order
and regularity, may be classed 'among the
curiosities of faction. With equal propriety
the appeal be made in behalf of the
insurgents of Utah against the attempt lo en
force upon them the jurisdiction acid authori
ty of'the United-States.
Sound and conclusive reasons existing for
the positions assumed, every consideration de
mends that speedy and linat action be taken
for the settlement of this question that hai so k
long harassed the public mind and worked
an alienation of that feeling of confidence,
respect and friendship that should reign su
preme among the citizens of all parts of the
Union. A postponement of the recognition
of the legal position now maintained by'this
Territory for admission may - fearfully increase
that which already exists—revolution, faction
and discord. No good citizen can longer
desire a continuance of an agitation that only
engenders a spirit of hostility and bitter ani
mosity between different sections of the coo
federacy., and if prolonged, must ultimately
lead to consequences of the most disastrous
nattsre. , The admission of Kansas into the
Union under an crganic iustrunient, comply
tag in every respect with the Federal Conati•
tutson, would signally vindicate the suprem
acy of law, bring order out of confusion, es
tablish the reign of_ peace where lawless fac
tion now bolds its sway, calm the turbulent
elements of party feeling no longer sustained
by the b'npe of power, rtnd leave ,the new_
State free to pursue her progress in an unin
terrupted career of prosperity. _
C. li. BUCKALEW,
JOLIN C. - EVANS,
SAMUEL J. RANDALL,
GEORGE W. MILLER.
Change of Time.
.The Philadelphia Evening Bulletin, a strong
and zelous Douglas Anti -Lecompton paper, is
now denounoing the Bon. Robert J. Walker
for having deserted the boogies Anti•Lecorup
ton flag.
A few days since no terms of eulugium
the Bulletin could use were sufficiently strong
to express itsiltvorable opinion of Gov. War
ker. Now it seeks for epithets to heap upon
his head, and does not spare some others.
It even charges that the letter read at the
Anti-Lecompton Forney meeting lately held
m Philadelphia, WAS either a forged or an
aimed one, introduced for effect by certain
managers of that•meetitur. The Bulletin de
clares that his absence from the Philadelphia
meeting was intentionanal, and adds:
When the New York meeting was held ho
was absent. Oa the day appointee fur the meet
ing in the New York Academy of Music, which
did not take plaCe, he suddenly appeared in
Philadelphia, and when the meeting it last tor.*
place at the Chinese Hall, he turned up in Wash
ington City. He did not even send to the meet
ing a letter to explain his absence. He has been
dodging anti-L ecomptonisin -in every possible
way, and' is now regarded as quite out, of the
reach of his late associates on that question,
who have been relying on him as a leader,
iind quoting him, as an authority. The Washing
ton correspondent of the,Baltiinore Sun, who
is known to be in the secrets of the Administra
tion, states in a recent letter that Gov. Walker
will not-for the future write any more letters or
make any speeches on the subject of Kansas.—
The abandonment of Ilia late position seems to
be complete. His bite associates regard him as
having completely betrayed them.
These are the facts.
The Philadelphia paper before leaving the
subject waxes exceedingly indignant, and ex
claims:
Really, the cause of right loses little by the
defection of such a man as Walker. Nothing,
but his official character as Grivernor of Kansas,
acting under the instructions of the President,
ever gave any weight tobia position. It is un
fortunate that so much reliance was placed upon
him on that account; but it is fortunate that his
treachery has been-discovered so early as it has
been. The grirat mistake that has Been made
has been in treating him ss the Ajax of the anti-
Lccomptonites. Another grave mistake, result
ing from this, WDB the production of the pre
tended letter of Walker to the Philadelphia
meeting, There can be no justification of such
Ifdeception, well designed as it may have been.
It would have been better if the treachery had
been exposed at once, and the traitor had been
immediately dismissed from the ranks of the
friends of freedom and the advocates of the
rights of ;he people. -
We are sorry for the Bulletin, and regret
that be should take the matter so .much at
heart. We presume Mr. Walker. knows his
own views and business, and understands his
own business quite as well, if not better, than
our Philadelphia
. cotemporary possibly can.
Take heart, friend, you may have more re-.
grets to express, and. denunciations to apply
before you ' are through with the matter so
eagerly taken in hand.—New York Yews.
New way of paying a lote.
One Dr. Charles Sabourin paid' . a note the
other day, at Longueuli, in Canada, after a
most remarkable manner. His plan was one
which we doubt not hundreds and thousands
in these times Would be glad to achipt,- sup
posing it to he all right and proper, or suppo.'
sing it to be just as agreeable to holders that
their notes should be canceled in such a man
ner. Dr. Sabourin, it seems had given his
promise to pay to one Toui-sant Diegnean,
and for the amount of $5600., The note be
came due on the 16th inst., and the Doctor
called at the office•of Mr. Mato, a note shaver,
for the 'purpose of paying it, or a portion of it,
for-it seems he only bad in his power 10,10
that in the old fashioned style. Mato to-'k .
the note, placed it on a small table, and seat
ing himself commenced calculating the inter
e-t. He had hardly dorie so, when Sabourin
stepped nimbly up to the table, seized the
note, tore it up into small pieces, thrust it in
to his mouth, tuck commenced -chewing it
most ravenously. Malo was- alarmed at this
new style of paying a debt, perhaps imagined
after Sabourin had eaten the note he would
swallow him, revenging himitelf for the many
slices the note shaver had taken from his es
tate, seeking to devour him who had been de
vouring him. by piecemeal. Melo gave the
alarm, and the very original gentleman, who
sought to cancel the debt by - placing it with
his dinner, was arrested, and at last accounts
was in durance vile. A Mr. Bedwell, II law
yer, who-has an office in the same build,ing
and on the same floor as Mr. Malo, in his af
fidavit states, that while sitting in his office
he beard loud cries of alarm coming from the
office of Mr. Malo. He hence opened his
ddnr,- and saw Malo standing near, loudly
calling for help, saving, " He has stolen my
note ; he has eaten my note for five thousand
and six hundred dollars. He has it in his
belly." Mr. Bedwell now cast his eyes upon
a stout man, (Dr: Sabourin,) then unknown to'
him, who apeaared to be chewing something
in his mouth, and, making violent efforts to
swallow, in which be sUcceeded. Sabourin
said a few words in French, to the end that
he did uot - owe Melo anything. It is added
that when Sabourin was taken to the Police
Court,lMalo followed him shouting frantically,
"Doctor, vomit your innocence or guilt, I
L will give you some emetic; to which the
Doctor replied, " He was not going to make
himself sick to please Mt. Malo."
" o rtit;gether this is a very remarkable
easel: Those ;Ito wish to pay their promises
in the same way, should first see tbslt they
are written on easily digested paper. They
should also make some arrangements - for pas•
iog a few months - where 1)r. Sabourin is like
ly to do, within the walls of a prison.'
DEATII OF JUDGE Kars.—John K. - Kane,
Judge of ihet. S. Court for the Eastern Dis
trict of Penrwylvaniii, and father of- Elislia
Kent Kane, the Arctic upliver, died in Phil
adelphia, on Sunday evening . last. His dis
ease was inflammation of the lunge.
The Republican organ at Marion, Ohio,
nominates Stephen A. Douglas for President
in 11030.
Kansas Agitation Dying Ont.
While: Abe Black Republican "freedom
abriekers" and -their poor dupes, the anti-Le
compton.. agitators, are stunning the pUblic
ear with stories of the mischievous effects that
will certainly folio* the admission of Kanias
under the Lecompton Constitution, the peo
ple 6f that 'Territory are anxiously Wahine
for the favorable action of Congress upon the
recommendation of the
,President, in order
to put! the machinery of government in opts=
ration and -, settle down to the ordinary and
useful acchpations of life. Even ; lthe most vi
alent Flee State men in liansas!are now wil
ling that the Territory shall come in undei
the Lecornpton Constitution. A late-number
of the-St. Louis Delia-rat, brings us the par
ticulars of a mass meeting held at Lawrence,
Kansas, on the 12th instant, called, it says,
"by members of the Topeka Territorial Leg
islature and other prominent citizens." Gen
eral Lane is represented to have urade a speech
"in reply to the President's message." The
report of the committee on businesi.excited
much discussion. Gen. Lane offered a subs
stitute ; Mr. Conway, a dissenting member-of
the committee, offered a substitute for Gen.
Lane's substitute. The question then arose
as to the manner in which the vote should be
taken—whether by counties or viva voce.—
The chair decided that it was impracticable
to vote after the manner prescribed' in the
call for the Convention. It was then moved
to indefinitely postpone all business before the
meeting ; which motion prevailed and the
meeting adjourned.
The object of this Convention was to ex..
press the indignation of the Free State agita
tors of Kansas against' the Kansas policy of
the Preident, as proclaimed in his special
Lecompton,message. But it will be seen
that the concoettirs of and participants in this
assemblage, could not agree upon a simple
resolution to "express the indignation" with
which they were pregnant. Gen. Lane was
for one mode of expressing his c indignation,
Judge Conway could not 'Agree with the
General, while others, among whom was-the
chairman of the Convention, differed with
both these distirguished agitators, and in the
end broke up the Convention without doing;
anything. The truth is, all iarties in Kansas
are heartily tired !of agitation, and the solid
and unanswerable argument of Mr. Buchanan
in his special message, has convinced them
that the sooner they -are admitted into the
Union, the better it will be for all parties..
With such news as this from Kansas how
supremely ridiculous Js the attempt of a few
designing men in this State to rend asunder
the Democratic party upon an issue winch
has been abandoned by even the most rabid
Free State men of Kansas: If the ktihabitants
of Kansas are willing to come into the Union
under the Lecompton Constitution, what:
right has the people of this or any other State
to object, and say they shall not? But fur
lher. Why should The Press be more violent
than Jim Lane in its opposition to Mr. Bu
ohanan and the measures he proposes to sell()
the long pending difficulties which have, dis
turbed Kansas and the country? If the Free
State agitation of Kansas is dying out why
not allow the same blessing to spread its wings
o'er the Democracy in Pennsylvania? The
anti-Lecompton agitators in this Statennight
take. a lesson from the Free State tweeting
and bow with submission to an event which
they cannot defeat. The-country is u itb the
President on this issue, and those who at•
tempt to breast the' current will be swept
away with that sea' of forgetfulness, the waves
of which have already swallowed up the po
litical fortunes of Douglas. Walker, FOrney,
and their co conspirators.--Pennsylvanian.
jar We think it 'is hardly known even to
the most inte'ligent of our readers, how deep
some of the sciences are looking Own into
the mysteries of creation. We knew there were
wonderful discoveribs in these times, and
wondrful use made of them, but did not ktiow
the Chemists were imitating in their crucibles
and even surpassing the most wonderful 'pro
ductions of organic life. During-our visit to
Lomeli we were introduced by one of their
prominent citizens to the laboratory of Dr.
Ante, (inventor of Cherry Pectoral and
Cathartic Pills.) wbere'we were shown with
generous frankness, his processes and his
products. This master genius -of his art is
manufacturing the subtle e,ssences of flowers
from tar and other vegetable substances. His,
essence of Pine Apple, Strawberry, Checker
'berry, Quince, Pear, Canella, Cinnamon, dre.,
not only equal but they ezcell in purity of
flavor, those vegetables themselves. His oil
of Winter-green is purer and of ' better flavor
than any that can be gathered from the plant
—and yet is made by cheical composition
from the Hydro carbons in.tir S His process
is, to analyze the substance and find the elect
ultimate atoms of which it is made, then re
compose them in the same proportions which
exist in nature.—Christian Advocate. •
Monr TitOrTILS Iv WIZ RgPrnitClls
CAMP.—Gay. King seems to be cutting loose
from the managers of the" Republican "par
ty, and, may perhaps be setting himself up. a
la Seward, on his own' hook. Ile has modes
terrible sensation in Miss parts by nominating .
new Ilarbor Masters In place of what The
Post calls " three • good 'Republicans,' " anti•
that paper exclaims, "what is the matter I"
Matter enough, Mr. Post; the more sensible
of your own party have discovered that ,you
have run this Kansas question fairly into the
ground, and they are oisnosed to cut loose as
soon as possible from all connection 'with it
and strike out in some other direction—that
is 7. News.
A SHARP CABINET MAXIM—When the
famous Charter Oak fell, pilgiims to that
an
cient and fallen shrine were fain to po sass
some relic in shape of an acorn or a piece of
its wood. The corperation of ffhrtford had a
liberal portion of the trunk, which they 'au
thorized a chair maker, named Most, to con
vert into a sort of throne for the Mayor. A
few days since, the chair being completed,
Most sent in his bill to tho Common Council,
claiming $376 for the chair, intimating that
he is not particular about their paying it, as
he can sell the chair for $5OO to some liberal
person whose money is freely spent for anti
quarian relics. .
FEELINGAN KANO.II . B.—We clip the follow
ing pregnant paragraph from the Leavenworth
Daily Ledger of the 15th instant : " Letate
Lecompton Constitution pass, and let the rep
resentatives elected be called together and
elect two United States Senators, and the ag
ony is all over. , True, these mat be a faction
to the Free State party, who will not be suc
cessful, and may endbavor to keep.•urthis'in
fernal nigger agitation', from the fact that
they have been ruled out from a participation
in the spoils; but that's nothing ; theyitau be
easily choked off, and made to bite the dust,
by the stern will of the people. "Demagogues"
and "fanatics " of both parties are uo s -longer
in the hearts and affections of the people, and
Their " rantine and "roaring* " will avail
nothing„ The people are,sickoired and dui
gusted with them, and will listen to their
madness no . more - . We want .peace, for that
brittgs us happitiess and, prosperity."
Boaros. Feb. 25, 1858.--At clierton, Mass
this morning a man aged thirty; and a child,
was burned to death in a wooden tenement in
which they lived. We have not lefrned. their
names.
News of the Week.
-•, . .
Ham/roan, Conn:, Feb. 22.—The dispatch
stating, that, the Democratic meeting last
night Made th&liaue - of DiiuglaS or anti.
Douglas, and that the Douglas faction tri
umphed, was: not true. The only openly
avowed Douglas man was defeated by one
hundred and eleven votes. The Democracy
of Hartford sustain the Administration:
The Ohio State Senate has passed the bill
repealing an . act prohibiting the confinement
of liugitire - slaves in the jails of Ohio, by a
vote of 20 to
14.
• Westmont; Fib. 25, 1858.—The'defeat
of the Army bill in the Senate is not consid
ered as conclusive against an increase of the
army, as it is thought the bill pending in the
House *ill, with slight amendment, be ac.
cepted by a majority of the Senate.
, In. Oregon there are 28,000 males and 10,
000 females, according 'to the census report.
All the new Territory is about the same way
deficient.
I f Several persona , having been bitten by mad
d s ogs in Buffalo and Cleveland, both cities are
engaged in a war of extermination against
the canine species. ,
Late aclices- from the Martz Mountains i
Germany, speak of the peat scarcity of wa
ter. People were ailed to dispense with
washing their hands and faces. Laundresses
were prol4tilted from pursuing - their calling,
and cattleiwere dying fyr want of water.
The to wn elections now being held through
out tbe State of,New York,, are almost every
where resulting in large gains-to the Demo
cratic party, in spite of the invariable fusion
of the Know Nothing raiment' with ilia
-Black "Republicans."
Nebraska is our largest territory. It will
Make about % eight States as Ittrge - as New
Hampshire. Nebraska is about one sixth the
size of Europe.
CuaexasTox, Feb. 26.—The Florida pa
pers received contain a call from the Gover
nor fur more volunteers against the Indians,
headed by Billy Bowlegs.
LAFAYETTE, (Ind,) Feb. 26.—The United
States Marshall made a descent today upon
a gang of counterfeiters, arresting ten or
twelve, and capturing ,a large amount of bo
gus coin.
,The gang has infected the vicinity
for a long time.
BOSTON, Mass., Feb. 23.—The annual meet
ine of the Association of New England Vete
rans of the War of 1812, was held yesterday
et the State House. A. series of resolutions,
expressive of the..clainx which tßny have upon
the country, and a petition to Congress,
that they be placed upon the same footing
with the .soldiers of the Revolution, were
adopted. \ . -
Mary date Cribbet brought suit in.Cincii
nati against! Wm. Mothers for seduction and
breach of promise of marriage. The jury, in
twenty minutes, rendered a verdict of $lO,
000. That was wo for each minute they
were out.
Brtiacar,oar, Conn, Feb. 24.
At 2/ o'clock — this morning, Tomlison'a
spring and sale manufactory was discovered .
to be on fire, and despite the effotts of the
firemen, it , was - entirely destroyed. The loss
"ts estimated at $40,000, and the insurance is
stated at $16,500. The fire is supposed to
have heed the work of an incendary.
One of the most '
gratifying results of the'
present struggle in our State is the - unanimous
endorsement of the, President's Kansas policy •
by the Democratic Convention of Laccsster
County..
The . Virginia State Senate passed a bill on •
iho 18th inst., prohibiting the emission of
notes of a lees denomination tlivf ten dollars,
after the Ist of August, 1858, and of a less
denomination than twenty dollars after the
Ist of Auguit. 185 n.
Tnor, N.' Y., Feb. 24.—The percussion cap
manufactory of Charles 11. Kellogg, was de
stroyed to-day; by the explOsion of fulmina-.
ting . powder. One person was killed and an
other seriously injured.
Cherry.—We hear so much said of the
Wonderful curtain. powers of Dr. Wistar's Bal
sam, In all stages of diseased lungs , that We feel
perfectly safe in recommending it for general use
for soughs, colds, bronchitis; &c.
U. S. M. steamship Moses Taylor, Joo. Mc•
Gowan, Esq., -commanding from Aspinwall,
via. Jamaica, with the California mails of the
sth inst., and one million, tix hundred thong:
find dollars in unworn, arrived at New York
on Satanlay.
eAituated that ware all the United
States as densely inhabited as Massachusetts.
they would have a popuiation,of 446,000,000
souls, of which Texas czotild have,50,000,000.
It is PIAUI(' that the Spanish And Mexican
difficulties have been peaceably settled at last,
and that Gen. Concha has received ()LIAM
information to that'setlect.
Ferukh Khan,.the Persian Ambassador,had
qtdered from a Parts manufacturer the appa:
ratus necessary for the establtshment of an
electtic telegraph iuPersia.
Srutne...—The helpers in the Behri-mt Iron
Wollt , , tit Wlfreling, V. refired to week - (et
Saturday in con.‘equenee of their wages being
reduced to $7,50 per week. They have here
tofore been receiving $9.
It is stated that excellent salt is manufac
titre& at the Salt Springs in Lancaster county,
Nebraska, equal to the best qualities manu
factured in any part of the wotld. The water
from which the salt is made yields from forty
five to fifty pounds to fifty gallons.
The citizens of New Orleans last week_found
that they had been swindled out of about
twenty thousind dollars, by a man who got
up a tempting lottery, and after disposing of
the tickets, left for pasts unknown before the
drawing.
Lieut. Bell and Williams, w,bo had a col
lision in a barber • shop on Sunday, went be
yond Bladensburgh 'on Tuesday morning at
5 o'clock, accompanied by their respective
friends. It is said that B. II fired at the word
"one," the ball from his. pistol penetrating
Williams' hat. Williams, who , was the as
sailing party, having given the satisfaction
demanded, discharged Ws pistol in the snow.
The -belligerents returned to 'Washington
apparently reconciled. •
A case was recently tried in the New York
Courts, wherein Thomas Folinan brought.suit
for'amages against the Hudson, River Rail
roa Company. Folman had been ejected by
•a -c4tductor on the roaff of the defendants for
refusing to pay bis fare. The plaintiff refused
to pay, not being provided with a seat.
The jury returned a verdict of $5O for
plaintiff. This is rather an important case.--
Accordiag to the ruling of the Judge, con
ductors must be able to accommodate the
passengers with seats, or they cannot recover
fare.
HALMS:Feb. 27, 1857.—The Revs! Mail
steamship America, Capt. Moodie, from Liv
erpool on Satanlay, the 13th iwst., arrived at
Halifax at 51 o'clock yesterday, afternoon.—
She passed the Europa, from New York for
Liverpool, Feb. 14 , off Kinsale.
The North America arrived out on the even
ing,of the 116. On the morning of that day
she came in contact with the bark Leander of
Bath„Me., bound from Liverpool to New Or
leans with a cargo of salt. The bark sun 4 in
five minutes. MT:. Curtis, (the captain's wife)
the 'second mate and eight seamen were
drowned. Tile captain and eleven others were
*avid by the steamer, which was only slightly
-damaged. -•