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YOIXL-NO. 49.
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iscelSeou
THE QUAKER PATRIOT.
nv Aiicimr.A.
Throughout the laud sounded the loud
fummons to arms! Hundrc 's of our
countrymen were flocking to the stand
ard thrown boldly to the breeze, by those
leaders whom the minioas or the King
hid denominated "Hebcls." The battle
r Dunk?r Hill, with all its honors, was
fresh in tho minds of the daring few who
hud staked their lives, fortunes, and sa
cred honor iu their country's cause yet
no feeling of intimiditinn came lo tlio
breast of a singlo man, for all felt that
they had a personal interest in the strug
gle. The b.ir, the pulpit, the fai tory, the
firm all contributed ihrir utalwart sous
to do battle for the right. Age formed
no exemption ! Youth assriucd the pow
er of manhood, and joined the tide setting
towards the bloody field. The ic was hut
one class that seemed to be regarded as
non-combative; They Wen the 'friends'
or 'Quakers.'
Pcletiah 1'ayne hail sullied iu early
life upon a farm in the town of Cold
Spring, Long Island. Here he had mar
ried, and here hu had seen falliilg froi'n
his sidev Olle by otic, the children Ooil
had given him, until, in hi old age, he
ptood alone with t!to partner of his youth
and mature years, a childless man, He
vas one of the leaders iu the society of
Friends and in a pure worship of his
Master his days wcro drawing to im hon
orable end.
The inesseugerH of Washington, who
were then supposed to be near al hand,
were flying through that section, and call
ing rccmiu to join him. Old I'aync
stood at his gate-way as the Courier, ap
proached.
'What news from the camp!' he inqui
red. 'The enemy is growing moro formida
ble daily,' was the reply, as the rider
dre(v up his panting steed, 'and wc arc
seeking men ill every direction. Pity
you hadn't a sou to represent you in the
struggle !'
The aged Quaker bowed his head, as
the memory of tho Fu'st ones was thus
rudely awakened.
'But you arc a "Friend,"' continued the
courier, 'and don't believe in resistance.'
'Who says that Pcletiah Payne does not
advocate rcsis'tatlcc to oppression ?' cried
the old man with animation. 'Who can
charge him Willi the baseness of inac
tion, when the foes of his country stand
at the threshold or that eountry'E honor i
I am a friend, iri the sense that thec futs
upon the word, but I am no friend to the
enemies of my native laud.'
'I am glad to hear yott say so ! I would
that youtli and strength wcro yours. As
it is, wc arc o'tu grateful for your good
wishes.'
The courier rode onward uj.'on his mis
cion. 'Youth and strength !' Hollloqtiized the
Quaker,
indeed !
'Ay, I would they were nifric,
But they havo left me, a a a
withered tree, almost useless. Yet not i ky forco nnd usurpation between thoso t tbo Constitution and laws of tlio United i Convention is distinctly recognized in my
so ! Why may I not join the forces of who sustain and thoso who ha'79 dene nil States. Tho Governor says: " Tito , instructions from tho President of the U
w , . , wi . 11 . j in their pow6r to overthrow tho Territorial Convention which framed tho Constitution i nited States." Tho Governor also clearly
Wismngtonf YUiy not stand beside ; g0TCrmcnl established by OoDgress This at Topeka originated with tho pcoplo of and distinctly warns them what v. ould bo
my neighbors 1 My wife! Yet Government they would long sineo havo Kansas Territory. They have adopted ' tho eonscquonoos if thoy did not participate
she will not bid me pause ! Wc must 1 subverted, had it not been protected from and ratified tlio samo twico by a direct in tho election. "Tho people or Kansas,
see I we must sec !' The gate was clo-
ecd, aud Mr. Payne retired to the duties
i-tired in ilip ,lniip
of his farm.
Gloriously and brightly arose the sun
on the succeeding morn, as our Quaker
friend led his horse
tne gate. At the sa
came from the holt
. . acKUOuiedgod, but havo consunuy re- prescriucu anu rccogm.eu oy i.ougiess. mai uuiy, inrouguoui iuo wuoio uuiou,
KC, Hearing a gun. ,.... .,1 , Jfi,i tin, fJnupmnipnt lii It is an usurnation of tho samo character huwever. nnd nlinrnvar fro p-ofcrnmcnt
With tearful cyeit she handed the weapon I which they owo allegiance, aud havo been as it would bo for a portion of tho peoplo prevails, thoso who abstain from tho czcr
to her husband as she said : ! all tho timo in a ctato or rcsistuueo against or any Stato 10 undertako to establish a ' ciso or tbo right orsuffragc, authorizo tho'se
'May that God who has watched over
me and thec, be with tlicc still, and il
bo His will to return thee to nie
Sobs chocked her utterance. The old
man stooped from his saddle end imnrint-
ed a kiss upon her upturned check.
rii Tnitiih ivliptlmr I
rs 11, jumin, wiiLiutr
iter to die in (inch a
'And what matters
return or not. lie
struggle than live for years iu tlin rccol-
lection that I brc uy hand in ike contest,
BLOOMSBURG, COLUMBIA
lid of irdod cheer!
I will return if spa-
red I If not, thee will be proud to know I
that I fell in my country's service I Ohecr
mi, wife 1 Ooil bless tlicc
unwaio. to tne ngni roue the noble
man
an. joining uiu luautr uu n.iu come 10
. . . .. .. J. .
crs iu wuhuc, auu im one anuu inc
dauntless host who have bv their deeds ,
enrolled their names upon Fame's scroll,
I were deserving of a prouder position than
the old 'Friend.' Nor did ho turn back, '
' :1 ir-i.: .... i..r .n.... I
.,..,: W-isliinctnn lmil tinln hIIpii In 1n
1111111 uasilllglOIl liau U3UC aURU to U1S
u,,.u ..a nmpun iiau uaue au.cu 10 ms
army, and victory was ours.
1
Leaning on the same gale, we have
spoken of bctorc, stood tlio wife or tho 1
veteran, watching the return of their
neighbor from the war. She had waited
tier Husband. ,
I reckon he died at Kings Bridge, !
Was the answer. 'I know he was badly
woimdea. Hut Wc wi 1 hear the particu- ,
lars in about a month.
Tho speaker spurred on ins horse, 1
impellent lo greet nn own expectant ,
family
Dead ! dca.l !' murmured tlio sorrowing
wife, as she sank overpowered upon the
green sward at her feet.
'Judith, I am here! Judith, arouse
thee !' cried tho veteran, clasping the
urn oi ins ageu wi c in nis arms. . ne
have come, to thee alive ! i
Willi t he passion of earlier years he
impressed kisses upon her quivering lips.
Languidly slie raised her dimmed eyes ,
and gazed upon llio returned hero.
'Is tins a dream ? slie sight d.
'Nay, Judith 1 rouse tlicc, wile ! The
(iiid of battles heard thy prayers, and
his arm was over and around me. I am
sale,'
The veteran and his wife rest in an old
burying ground near their former home.
I hero wcro no children to mourn tlicin
dying-, yet the hiemory Uf their world is
treasured by liiAlly a heart, and many a
tear haS bcerl shed upon their grave, The
name of Pcletiah Payne occupies no
place on the historic page, but there arc
those, yet living, who will smile for even
this mention of the 'Quaker Patriot.'
President Buchanan's Messago
bN SUBMITTING THK
" fft:conii(ii Constitution."
WAsliiNUTorr, i'eb, 2.-Tbo following
Message was submitted to both Houses
this afternoon t
I havo received from Gen. Calh'iuh, tho
President of tho lata Constitutional Con
vention of Kansas, a copy, duly ccrtiGcd
by himself, of tho Constitution trained by
that body, with tho expression ol a hope
that I would submit tho same lo tho con
sideration of Congress, with tho viow .of
securing tho admission or Kansas into tho
Union as an independent Stato. In com
pliance with this request, 1 herewith trans
mit to Congress, ror its action, the Consti
tution of Katlsas, with tho ordinanco
respecting the Publio Lands, as well 09
tho letter of (,cn. Calhoun, dated Lccom
rton, Hth ult., by which they wcro ac
companied. llavin; received but a single copy of
tho Constitution and Ordinance, I send
this to tho Sen itc.
A nreat delusion scents to pervade tho
publio mind in relation to tlf condition cf
panics in Kansas. This arises from tho
difficulty of inducing tho American peoplo
to realizo tho fact that any portion of thorn
should be in a stato of rr hellion against tho
Government under which ihey live When
wo tpeak of affairs iu Kansas, wo aro apt
to refer merely to the existence of two
Ivinlnnt.nolihcal nartins in that Tnrrrtnrr.
divided on tho question or slavery, just as
wo speak or such parties in tho Mates.
This" presents no adequate idea of tho truo
stato or tho caso. 'I ho dividing lino tliero
is not bstnosh two' political parties, both
acknowledging tho lawful existence or tlio
finvprnmnnfc. hut. bptirpnn tlmsn wlin nrn
loyal to this Goverumerll and those who
' hava endeavored to destroy its existence
' their assaults by tho troops or tlio United
' States. Such has boon tha condition or
I affairs since my inauguration.
Evor sinco
l.n, nni'tn,) n l,iinn vint-tinn nf flip nnnTilp nf
. 1- r
Kansas have been in a siato cf rebellion'
' agaiust tho Government, with a military
tion in the front of battle. O'er many proceeds from tho assembling bf tho no
an ensanguined field lie strode with oth- ! called Topeka Legislature," with tho view
..:ej j b u. uuscrv iiiou. inai a u.uiiicroua reueinuu u.ni i . " r - .r- ,
nmr nnrl nnripntlv inr t m rnmmir il lii.r -l .I... j I 1 In autimit in Hin 'I nnnlra nenmnhnn
only earthly treasure, bu'. he came not. occurred " involvlnf opon defiance to tho I somo necessary measure t establish H ould the respect lor tlio laws ot tuo land, i ary, anu uiai nicy cm iai u.ry Auju uVuc.r
Day after day passed, a'uii yet no news of inws BIlrj tl10 establishment of an insurgent i a Constitution under tho organio law .of , which so cmincmly disi.nguishcd the men . iho Locomnton Constitution lor Governo.
tho absent one. Hope had nearly died government in that city." In the Oover- pon2rcss That this law reedgnized tiio f Iho past generation, could bo revived 1 and other btale officers, moinlicr of Con
in her anxious heart. A horseman ap-I nor's despatch of July lVth ho ioforrhs the of tho people of tho Territory, without , It is a disregard and yiolatton of the laws gross, and members of tho Logislaturo.-i
nroaehod ! Meehanicallv she ntinnirpil nf . ' o. ... nV .i ii' .. tlm nnnlilinrr net. nf (Innjrcw. m fnrm n which havo for vears kent tho Territory of Tins election was warmly contested by both
, already saddled, to , leader at their head or tbo most turbulent ablo pertinacity, is a government in direct extends to tho people tho right ot sullrago,
me moment his wife i auJ daDgorous character, Thoy have never opposition to tho existing government as j but it oanuot compel their performance ol
cr in autuority. Thoy havu all the time been scparaio government wiiuin us limits tor wno no vow, to net lor litem 10 mar. con
jt 1 cudcavoriug to 6ubvcrt it, and establish a tho purposo of rcdrcssiog any grievances, , tingoncy, and absontces 010 as much bound
, , revolutionary Government under thoso. real or imaginary, of which they might ' by the law and tho Constitution, whero
called Topeka Constitution in its atead. 'complain, against tho legitimate Stato tbero is 110 fraud or violence, by tho act of
' authority. They havu all the time been
KVOn at this very momint, tho Tojicka
Legislature is in session. Whoever has
! roa(l the corrcsp'ondjocd of Governor
ValkcrwUli ' ho Stato Department, recently
cowtaunjca,cj t0 jho Seuate, will bo con-
v;ucuti that tliid picturo is net overdrawn,
j j0 always protested against tho withdrawal
of any portion, of the SStliUry force of the
Utitvlf'lVates from tlio Territory, deeming
ila presenco absolutely necossary for the
preservation of tbo regular government
I and the execution of tho laws. In his vcrv
first despatch to the Sooretary of Siato,
uatcd JUDO -id, 1C07, hi
iu aaVa
" TliG mo3t alartninrr mnvetriptit. however.
to tlio enactment of an cntiro code of laws,
or pnnrp it. will rip. vnv ontrnvnv ti Trrft.
vent such a rcnull as' would load to an
inevitable disastrous collision, and, in fact,
rcnow civil war in Kansas."
This was will difficulty prevented by
ffi ... . Qo,crnor WBL. but soon
General Harney was required to furnish
him a regiment or dragoons to proceed to
(ho City of Lawrence j unit tliis for tho
rprunn thnr. Im hirii rpppivnd nnrliPiilin in
tclligencc. vorifiod by his own actual I
Lawronco was tho beginning of a plan,
originating in that city, to organise an
instirrcctioti throughout the Territory, and
especially in all towns, cities and countic,
where the It. publican party have a majorl-
1 iiawrcnr00 j3 ,110 hot-bed of all tlld
nb0Htion mi)VcmcnH in this Tenitorv. It
nuoiiitou movement 111 11115 1 ciiuurv. 11
:3 ,t10 town established bv tho Abolition
Bociet'es of iho liast ; and whilst tliero are
rcspcctablo people thcro, it U filled by a '
confiderablc number of mercenaries who
are paid by tho Abolition Societies tu J
perpetuate and diffuso agitation throughout 1
1- . . . .
Kansas.andprevcntil.o poacoful settlement
, , 0 h .,. ba Su,0
LcbislaturP ,0 orgaDizo lM, insurrection,
UwreDC0 h'M cotllcnccd it i,celf, and
.. no, !lrrfiStnj. robc,ion win 'lcna
I throughout iho Territory."
And acain : " In order to send this
communication immediately by mail, I
must close, assuring you that a spirit nf t
rebellion pervades tho groat miss of tho!
Itcpublio ins or this To'rritory, instigated,
as I entertain no doubt they ore, by Kast
crn Societies, having in view results most
disastrous to tho Goverumont and tho
Union. And that tho continued presonoo
or General Harooy is indispensable, as
originally stipulated by me, with a large 1
body or dragoons and several bntcrics.
un mo -juiii oi juiy, icu(, ueuer.11
Laue, under tho authority of the fopoka 1
., . rtrt.l . P T..,. ,o--r fl r
Lonvontion, undertook, as Uovcrnor "1-
uer ay, m organic uiu wuum no uuuu
tree biato party into volunteers ana talco i
the names or all who rcluso.cnrnllinent.
1 ho professed object was to protect tho
polls at the oledtion In August, nf tho now
insurgent Topeka Stato Legislature. .The
object of taking tho names of all who
refuse tho enrollment is to terrify tho Frco
Stato conservatives into submission. This!
isproved by then cent atrocities committed I
on fucIi men by tho Topckaites. The j
speedy location of l.rjre bodies of icgu'ar
troops with two batteries is necessary. The j
Lawrence insurgents await the development ;
of this now revolutionary military organi
zation." In General Walker's despatch of July
27th, ho says: ' General Lane and bis
staff everywhere deny tho authority of tho
Territorial laws, and counsel a total disrc
gard of these enactments." Without
making further quotations of similar char-
acter, trom other despatches of uorcrnor
naiiicr, it appears uy rcicrence to Aoting
Governor Stanton's communioit'.on to
Secretary Cats, under dalo of tho Oth or
December last, that " tho important step
of callioir tho Legislature together was
taken after Governor Valker had bceomo
satisfied that the election ordered by iho
Cenvsntion pu tho 21st inst., could not bo
j conducted without callisiou, or bloodshed."
So intense was tho disloyal feeliiig among
! tbp ecomios of tho Government o-tablished
I by Congress, that anclction which afforded
! thorn an opportunity, if in tho majority, of
! making Kansas a freo State, according to
their own nrofessed desire, could not bo
conducted without collision and bloodshed,
i Tho truth is, tliatuntil tho presont moment,
tho enemies of tho existing Government
still adlioro to tho Topoa llcvoluiionory
Constitution and Goverumont. Tho very
first paragraph of the messago or Governor
Ilohisnn. dated tho 7th nf Dpeemhor. to
I tho Topcka Legislature, now assembled in
' Lawrence, contains an open defianco of
voto, and also indirectly through two cleo-
tions of Stato officers and members of tho
I Mate Legislature, yet it has pleased tho
.!....! , I,-.. 1- 1 .1.- .-I..1.. ..
i A rlniuit f rrif Jnri In rprrfinl tlip wlinln nrn-
ocidings a3 revoluti 'nary." This Topeka
government, adhered to with such trcanorf -
scparalo government within its limits tor
government. Such a principle, if carrlod
into execution, would destroy all lawful
authority, and produco universal auarchy.
Krom this statement of facts, tho reason
becomes palpabio why tho enemies of tho
government authorized by Cougress have
reused to voto ror Delegates to ihc Kansas
Couetitutiooal C'ouvcnlioD and ah-j after-
COUNTY, PA., SATURDAY, tfEBRUABY 13, 1858.
ward?, on tho question or slavery submitted I would ever bo recognised lyCongress case, is that which exists in all other simi
by iho tho pcoplo. It is becauso they I must havo been abandoned. Congress bad lar cases. If tho delcgites who Trained tho
tJ r . .. ,! ... -i .i .i -r i. Up.i.na Pnnettinttnn limn, m nnvmnnnnr
navo ever rctuseuto sanction or recognizo
any other Constitution than that framed at ',
Topcka.
Had tho whole l.ccomplion i
i been submitted to tho people,
Constitution
the adhcreut3 of this organization would
doubtless havo voted against it, because if
successful they .would, thus havo removed
an obstaolo out of tho way of their own
revolutionary Constitution. They would
havo done this not upon consideration of
tlin tinifUa nf in mlmln af naff rf !in
Locompton Constitution.butflmply becauso
they have over resisted the authority of tho
govcrnmcDt authorized by Congross; fro!U
nliinli it. minafr1. '
Such bciu" tho unfortunate condition oi'
dm niT.iira nf il.n 'I'.rrUnrv ali.t a ii,n
rlnhl, aS well as duly, of law-abidinc
people 1
Wcro they pllently and, patiently
or
State Consiitution.istooeleaffo'rargumont.
For (jongrcss " to lcavo the peoplo of tho
Territory perfectly Ircc," in Iraniing their ,
Constitution, " to form and regulate their
domestic institutions in their own way,
subject Only to tlio Constitution of the
United Fl.ith nnil tlinn (n 5. v ilmw slmll
. - - . 1 - j "..
not bo bf mlttod to proceed and rramo a .
uiuiuuuu m wm mv 1 vj, miuhui um
express authority froiH Cdngrc'ss, appears
to bB -Htlib'st a contradiction of terms. It
would be much moro plausiblo that tho ,
PC0I" 111 a ' erniory migni no Kepi out, 01
TT..tnU T ..il !..,l..r:..t.n I...!
II1U UlllUti IUI .111 111UU111I11U pUllUU, UUU j
until it might pleasb Cdngross to permit
ihem to exercise thb rigtll of elf-govcrn
mcnt. This would bo to adopt, not ' tbeir
own way," but tho way which Congress 1
might prescribe. i
It is impossiblo tliat any peoplo bould
havo proceeded wilii more regularity in ;
the formation or a Constitution thau the i
people or Kansas have done. It was :
necessary first, to ascertain whether it was
the desire or the people to bo relieved rroin
a Territorial dependence, and establish1 a
Stale Government. In this purpose, tho
Territorial Legislature iu 1855 passed a
law " Tor taking tho sense of tho peoplo of
this Territory, unon iho cxnediencv of
ealliuj n Convention to form a .State I
Constitution," ai the general election lobe
Iwlrl in OnlnVinr 1 Sfifi. Tlin U..non nf tlin
. .. i
people" -n-ni accordinaly taken, and thoy
decide in favor or a Convention. It is true
that at this election, tho enemies or the
xcrritorial Uovemtncnt did uot voto, bo-
cftuge they wcro then engaged at Topcka,
without the slightest pretext or lawful
authority, iu framing a Constitution or
their own, for tho purpose of subverting
the Territorial (iovcrument,
In pursuance of this decision of the peo
ple in favor of a Convention, the Territo
rial Legislature, on tho 27th of February,
1807, passed an act for tho election of del
cgatcson the third Monday or Juno, 1857,
to frame a State Constitution. This law
is aS fair in its provisions as any that ever
passed a Legislature for a similar purpose.
Tho right cf Bufl'rago al this election is
clearly and justly defined "Evtry bona
fido inhabitant of Kansas," on tho third
Monday of June, tho day of tho election,
who was a citizen of tho United States,
abovo tho age of twenty one, and had resi
ded therein for threo months previous to
that date, was entitled to voto. In order
to aynid all intcrferenco from neinhborinv!
states or Territories with tho freedom and
fnirness or tlio election, a provision was
mado for tho registry or qualified voters,
and pursuant thcrcol, mno thousand and
i fifty-two voters wcro registered. (J
' or Walker did his wbolo duty in i
ovorn-
urgiug
all the qualified citizens of Kansas to voto
at this election,
III his Inaugural address on the 27th or
May, he informed them that 'under our
practice tho preliminary act or passing a
Stato Constitution is uniformly performed
through tho instrumentality of a Conven
tion of Delegates chosen by tho peoplo
themselves ; that the Convention is now a-
bout to bo elected by you uudcr a call oT
tho Territorial Legislature, created, and
Etill recognized, by Iho authority of Con
nres, and clothed by it, in tho comprohec
tivo languago of tbo org-tnic law, with full
power to mal,o such an enactment. Tho
, Tirrrltnrinl l.pnislntnrp. tlipn.in assembling
. this Convention wcro fully sustained by Iho
Act of Congress and tho authorby ol the
then," ho says, aro invited by tho highest
authority kuowu to tho Constitution to par -
tv kuowu to tho Constitution to par-
ticipitq Ircely and fairly iu tho cloi tion of
! .1-1, ....... .. n .!...! 1 Di.u
ilptpi?nlp r 11 ft nrn n :r Pmisti rutin 11 mil Stain
' Government. Tho law has performed its
; enliro and appropriate function when it
who do vuto, to net tor them M that con
i tho majority ol thoso who do not voto, as ir
oil had participated in the election. Other-
wiso, as voting must bo voluntary, wlf-
g
, n
t
government would bo impracticable, and
monarchy and despotism would remain as
lt, K. .,ll.,r..i;n II I, ,n,. .,1a,, l.p nVl.
sorved that at tb'1.1 period, auy hopu.if suoh
had existed, that tho 'I'jpeka Constitution
I II.U UIIIJ UIIIIIIUIIIW, & III..J lw WW WW
aujnurucu. on mo mini oi murcii inuii"
having recognized iho lgal cxistenco. of
Iho Territorial Legislature in a variety ot
forms, which I need not enumerate. In-
deed, the dclcgato eloctoil to tlio llouso ot
lleprcscntiitvcs uodcr a 'rcrriton.il law,'
had been admitted to his scat and had just 1
completed his term of scrvleo ike day pre-
vi"us lo my IHauguntiun. 'I his was a
propitious moment for settling all tho diffi.,
mil l'f4 In KrrrHM. This wus the time for
abandoning tlio Revolutionary Topeka or-,
ganization, and for tho enemies of tho cx-,
lstlilg government to odnform to tho, laws
ami litnto with its friends in framinL' a
Stato Constitution. Hut this thoy reused ,
in rln. und ilm eonscnucncea of their rufu-
sal to submit to lawful authority, and voto
at the election of delegates, mi
to bo or the roost deplorable charactcr.-r-
IV CL nrO VO
. ...
Kansas in a state of almo3t opeu rebellion
against iho Government ; it is tho samo j
spirit which has produced actual roboll on
iu Utali. Uur only satety .consits in ouo- j
dionco and conformity Id Ike law. ..rillould
a general spirit against its enforcement I
nrrvail. this will nrovo fatal to us as a na-1
i --- , , , i
tion. Wo acknowledge no mastor but tbo .
uw, ""' "u '''
rostraints, and every ono do what secmcth
good in their own eyes, our case is indeed
hopeless.
1 no cnomics 01 iuo tiuwriw i-.ovcio.
.1AAn.tnnrl oHII In .nll.l tlin nil.
lilt III, ULli UUIUIllllui,u a. Ill iv .i..m . uw
tliority of Gongress. '1 hoy refused to vole
(or delegates to tho Convention, not bo
causo, from circumstances which I need not
detail, tliero was an omission to register
coihparativcly few voters who wore inhabi-
tants ot certain count es in Kansas, in the
early spring or 1857, but becauso thoj
had predetermined, at all hazards, to ad-
hero to their revolutionary organization,
and defeat the establishment of any ot.b'cr
CoH'itl'ution than that which they had
framed atTcpokn. The clccti'in.tkcrcforc
was sutlcrcd lo pass in dcrault. But or
this result the qualified doctors, who rcfU'
hd tri voln. can iievor iustlv comnlain.
rroin this review, it is manifest that the
Loconipto'ii Convention, according to overy
principle of Constitutional law, was legally
' nnnntitlltpil. and int-ected Willi tho nowor
j to frame a Constitution.
; Tho sacred principle of popular sovcr
' eiemy has boon invoked iu fivnr or the
cno i ics of law aud order in Kansas. Uut
in what manuer is popular sovereignty to
bo exorcised in this country, if not tuvougu
tbo instrumentality of cstab ished laws.
In eertain suull republics or aneientlimcs,
pcoplo did assemble in primary meetings,
passed laws, and directed public aff.iirs.
In our country, this is mamtectly ltnpossi
sible. Popular sovereignty can be cxer-
ci-ed here only through tho hall it-box, and
ir people will raTusc to excroise it, in this
manner, as they havo dono in Kansis at
.tho election or delegates, it is not for them
to complain that their rights havo been
violated
Tho Kansas Convention, thus lawfully
constituted, proceeded to fiamo a Consti
tution, and having completed tho work,
finally adjnurncd oo tho Seventeenth ot
November last. They did not think prop
er to submit tho whole of this Constituti n
to the popular voto, but did submit tho
nuesiiou, whether Ka"sas should bo a Free
or a Slave State, to tho people. This was
tho question which lnd lighted tho flames
ot civil w-ir in Kansas, ana prouueeu uan-
L'oious sectional parties throughout tho
Confederacy. It wasof a clnricterso par -
amount in fespect to the condition ol" Kan -
sas, as to' rivet tho anxiods attention or
the peoplo or tho wholo country upon it
alono. No person thought of any other
question. For niy owl part, when I in -
structeil Governor Walkor iu general
terms, in ravor or submitting tho Constitu-
tion to tlio people, I had no object in viow
except tho all-absorbing question orsluvery.
in what manner ine peop:o migni regm.uo
their own concerns, was not tqo subject
which attrao'cd my attention. In fact, tho
general provisions or the recent Stato Con-
solutions, after on cxparioneo of eigh'y
years, are so similar and cxcellont that it regulato their own niuirs in weir own way.
would bo difficult to go far wrong at tlio ' If the majority of teem desire to abolish
present day, iu framing a now Constitu- domestic slavery within tho State, thcro is
tion. , . j Co other possible, niodo by which it pan be
I then believed, and still bolivc, that ' effected so speedily as by its prompt ad
under the organic act, the Kansas Con-, mission, Tlio will of the majority is su
ven'ion wcro bound to submit this all im-1 prcme and irresistiblo, when exprossed or
portant question of slavery to tho peoplo. ' derly nnd iu a lawful manner. It eau un
it was never, Imwovcr, my opinion, that,
iiiuepuiiuuiuiy 01 uiu uul, iuui imum nam
.1 1 .1.. l .!. l.-.. ...... .1,1 l.n
been bound to submit any portion of the
J Constitution to tho popular vote, in order
' to give it validity. Had 1 cutortaincd
' to give it validity. Had 1 entertained
1 su h an opinion, this would havo been in
I ...I.!.... nnnAA.lnn,a Im a., I.tc.
opposition to many precedents in our his
tory, commencing in tho very best ago of
tho, KcpuldTo. It would havo been oppo
sition to tho pnnelplo which pervudes our
institutions, and is every day carried into
practice that the pcoplo havo tho right (d
dcli-gato to representatives chosonby them
selves, iheir sovereign power to franJe Con
stitutions, enact laws, and perlonn auy
other i oportant acts, without requiring
that theso should, bo subjected to Ibcir sub
sequent approbation. It would bo a most
im-oiiyeniout limitation of their own power
imposed by tho people upon themselves, to
exclude them exercising their sovereignty
in any lawful manuer they may think
proper. Ii is truo, the pcoplo or Kansas
might, ir thoy had ploascd, required the
Convention to submit tho Constitution to
tho popular voto. Lut this tbey havo not
done. The only remedy, therefore, in tlm
" w...,...w...w..,
violated tho will of their consuuents, tlio
people always possesses uio power wcuuBu
their Constitution or laws, according to
tueir own pleasure.
Iho question ot slavery was submittou
to tho election of tho pcoplo ol Kansas ai
tlio 21st of December, last in obedience to
the mandate of tho Constitution. Hero
again a fair opportunity was presented to
the adherents ofitho Topoka Constitution,
if thoy wcro m tno majority,to decide this
exci ingqii.stiou ''in their own way, and
thus restore peace ti tho distracted fern
tory. . Hut thoy ayain reused tho ruhtfif
popular sovereignty, ana again suucrcu
tho election to pass in default.
I heartily rejoice that a wiser and better
?rilll IIIUVilllUi. "ill UU II jaiLU umiuiin u. ;
tlicso pcoplo on tho first Monday inJanu
i .. .1 r. .. t.-. , T
pirtics, anda larger vo'o was pdleiUhan
at any provipns election iu tho Territory.
Wo may nuw ipiisonably hope that tho rev-
maiionary i cpoxa orgniuzauou m uu
speedily nud finally abarjiloiled, and this
will go fir towards iho fiu.il sottlomerit of
tho uuhappy dilTcrcneoi in Kansas. If
e , 1 " , .. , . ,1 1
frauds havo bcou committed at th.s election
by oi o or both parties, tho Legislature and
the people of Kansas, undnr tH Constitu
tion, know how to n dress themselves, and
punish these detestable, but too conruon
crimes, without outstdo interference.
Tho pcoplo of Kansas havo then, "in
tbeir own way," and in strict accordance
with the organic act, framed a Constitu
tion and State government, liavo submitted
tho all-important question of slavery t the
pcoplo, and have elected a Governor, mem
ber of Congress, members of tho Stato Le
gislature, and their Mate olurers. duey
now ask for admission into tho Union,
under this Constitution, which is republi
can iri !to form. It is for Congress lo de
cide whether they will admit or rcicot tho
Stato which has thus been created. For
my own part; 1 arri dccldodly in favor or
its admission, and thus terminating tho
Kansas question. This will carry out the
great principle or non-intervention, rccog-
nized and., sanctioned by Iho organic net,
which dor lares in oxprcsslanguagoln ravor
of tho non-intervention or Congress with
slavery in tho States aud Territories,"
leaving ''tho pcoplo perfectly rrco td form
and regulate their domestic institutions in
their own way, subject only to tho Consti
tution of tho United' States." In this
manner, by localizing tho question cf sla
very and confining it to; the people who aro
immediately concerned, every patriot ex
pected this question to bo banished from
the halls of Congress, where it. has always
excited a b doful influence throughout the
country. It is proper that I should refer
to iho election held under tho act or the
Territorial Legislature, on tho first Mon
day in January, on the Lceompton Con
stitution. This election was held after the
Territory had been prcpired for admission
into tho Union as a sovereign Sta'e, alid
when no authority existed in tho Territo
rial Legislature, which could possibly des
troy its existence or chango its character.
Theelection,which was peacefully conducted
under my instructions, involved a. strange
inconsia on-y. A large majority of tho
pardons who voted against tho Locompton
Constitution, were, at the samo time and
( place, recognizing its valid existence in the
most s louin and authentic manner, by 70
ting under its provisions. I have as yet
received no ofiVial iurormatic'n or the result
j of this elcetioti.
1 s a question cr expediency, .after tlio
right .has been maintained, it may bo wio
i to reflect upon the benefits to Kau-'is and
to tho wholo Uuion, which would Jesuit
' from its immediate admission into tho Upi
on, as well as tho disasters which may fol -
low its rejection. Domestic peace will bo
tho happy conscquenco or its admission,
and that puo Territory, hitherto' torn by
uisscnaions, win nipiuiy increase in popu-
htion, and wealth, speedily roalizo tho
blessings and comforts which follow ari-
cultural and mcchaniclo industry,
peoplo then will bo sovereign!, an
I'ho
nd can
make uonsututiona at pleasures, it would
t. .l......n,l A enn ,1..,.. ...... :. r-.
uu uusuiun iw oaj in vj au iiui"su tuuura
upon their own power, which they cannot
afterwards reuiovo If thoy could do this,
1 they might Ito their own hands tor an hun-
1 they might Ito tnci
, dred asfc'f ten years. Thoso are tlio fuc'-
' ,.n,nnAl nlnlnt. r,
damontal principles or American freedom,
and recognized in some form by every stale
Constitution, and if Congress in tho act
cf adinission should think proper to re
cognize them, I can porceivo no objection.
This has been done emphatically in tho
Constitution or Kausas. It declares in tho
Bill of ltights, that ''all polittcal power is
in-horont in tho people, and all free gov -
crntnents aro founded on their authority
and instituted lor their beneut, and there
fore, they havo at all times tho inalicnablo
and indefeasible right to alter, roiorn: or
abolish their form of goverumont, iu such
manner as thoy may think proper." Tho
great stato of Now York is at this momont
govcrued under a 'Constitution Iramod in
direct opposition to the mode ptesoribod by
ii, .,..,.,:,. n,i:. .,!:,. rr it..c....
tho previous Constitution, ir, tbercroro,
tho provision changing tho Kansas Cunsti-
tutiou after iho joar 1864, could by ay
YOL. XXL
possibility bo construed into tho prohibition
to make such cluugo previous to the peri
od of prohibition, it would bo wholly Una
vailing, Tho Legislature already elceictl,
may at its first session, submit tho ques
tion to tho voto of tho pcoplo, whether they
will or uot,havo a ( 'onvention to amend their
Constitution, wl adopt all ncccaJify iuojih
for giving effect to tho popular will.
It has boon solemnly adjudged by tho
highoat Judioial Tribunal; t!!atjhivery ex
ists in Kansas, byvirtuo of ILeOiihs'itutiou
of tho United States. Kansas is therefore,
at this moment, as much a slaro stato as
Georgia or South Carolina. Without this,
thocnualltv of tho.Eovereien States comno-
dug tho Union would bo violated, and ho
uso ana enjoyment oi territory.ocquiroa uy
the common iroasurc of all tho States,
wauhl be closed cgsltlst tho pcoplo and
iJivuijity Ul llfHllt .ion tiiv luuuivuia u. b.'w
Confederacy. Slavery can therefore never
r f I .1
bo prohil ited in Kansas, except by moans
of a Constitutional provision, and in no
other manner, can this bo obtained so
promp'ly, if the majority of iho peoplo do
sire it, as by admitting ii into tho Union
under tho present Constitution.
On tho other hand, should Coogress
reject tho Constitution, u'iidor the idea of
affording tho disaffected in Kansas a third
opportunity to prohibit slavery. iu a Siato
which thoy mluht liayo dono twico beforo
ir in the majority, no. man oan rorctell tho
consequences. II Congross, for the sako
of ihoso men who refused to voto for dele
gates to tho Convention, whon they might
have excluded slavery from tho Constitution,
and who iincrwird refused to vote on tho
2Jst or December, when thoy might as they
claim, Have S'hcUcn slavery trom tlio
Constitution, should now reject a State,
because shivery remains in its Constitdlion,
it is manifest that tho , agitation updid this
impor'ant subject will bo renewed iu a
mofo alarmiog form than it lias ever as
sumed. ,pvcry patriot in tlio country had in
dulged tii j hope that tho Kansas Nebraska
act would put a final end to the slavery
agitation, at least in Congress, which had
for more than twenty years convulsed tho
country, arid endangered the Union. This
act involved great and fundamental princi
ples, and if fairly carried into effect, will
settle the nucstion. Should tho ardtation
bo again rovlvcd ( should the peoplo oftho
sister States bo aga'id estranged from each
other with moro than former biltofness,
this will arise from a cause, so far as the
interests of Kansas aro concerned; moro
trifling and insignificant tiwn lias ever
stirred the elements of a great peoplo in'o
commotion. To the people of Kinsas tho
dnly practical difference . between tbeir
admission or rcjeelion, depends simply
upon the fact whether they can themselves
moro speedily chango the present Constitu
tion, if it docs udt aocord with tho will of
tho majority, or frame a second Constitu
tion to bo submitted to Congress hereafter.
Elycn if this were a question dr rrilj'ro expe
diency, and not or right, the small difference
of timo, ono way or tho other, is rioi of tho
least iraportanco when .contrasted with tho
evils which niust necessarily result to tho
wholo country rroni the renowal or tho
slavery agitati iu. In considering this
question, it should never bo forgotten that
in proportion ,to its iusignifloauco, lot tho
dcoisicd bo what it may, sd at may affect
the few thousands iuhibitants of Kansas,
who have, from tbo begirlu'mg, resisted tho
Constitution' ad tho laws, for this very
reason of tho rejection of the Constitution
will be so much moro keenly felt by tho
peoplo of fourteon States of tho Union
whero slaver is roongnized under tho
Constitution of the United Stiles, Again,
! tho sncedv admission or Kansas imo Iho
Unioti, yc'tfld rest ire peace and quiet to
tho Territory havo engrossed an unduo
proportion., of tho publio attention, havo
sadly affected tho friendly relations to tho
people of tho St itos with each other, aud
alarmed tho fears of patriots for the safety
1 or the Union. Kausas once admitted, tha
J excitement beco nes localized and will soon
diu away for want of outside aliment ; then
i oyofy difficulty would bo settled at tho
uauot pox, Jiesiucs and this is no
trilling consideration we shall then bo
enabled to withdraw the troops from Kan
sas and employ them in service whero they
are much needed. They hive been kept
there on tho earnest importunity of Gov
ernor Walkor to maintain tho existence of
tho Territorial Government and seouro tho
execution or tho hws. He considered at
least two thousand tVoops under tho com
mand or Gen. Harney necessary. Acting
upon his reliable information, I hive been
obliged, in some degree, to interfere with
the cxr'edition to Utah in order to keen
t .1 ll .. I- 1- . I I
uowu tne rcoeiiiou in ivansas, wuicu lias
invohed a very hoavy cxpenso to tho
Government. Kausas onco admi ted, it is
believed thcro will no buger bo any occa
sion there lor tho troops of tho United
States.
1 have thus performed my duty on this
important qusstion, under a deep sense
of my responsibility to Clod and to my
country. My public life will terintnato
within a brief period, and I have 110 other
j object of earthly ambition than to leavo
my country in a pl-accful, prosperous
1 condition, and live in the affections and
respect ot my countrymen.
'The dark and ominous clouds now im
pending over tho Uuion, I conscientiously
believo, will bo dissipated with honor to
every pcTtion of it, by tho admission of
Kansas during tho present session of Con
gress, whereas it' it should bo rejected, I
greatly fear that theso clouds will become
darker and moro omfnoiis than any that
' havo Dovcif yet threatened tho Constitution
and the Union.
1 JAMES BUCHANAN.