Democrat and sentinel. (Ebensburg, Pa.) 1853-1866, February 17, 1858, Image 1

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THE BLESSIKOS OF GOVERNMENT, UKE THE DEWS OP HEAVEN, SHOULD BE DISTRIBUTED AUKJE UPON THE HIGH AND THE 10W, THE EICH AND THE POOR.
tYEUr SERIES.
EBENSBURG, FEBRUARY 17, 1858.
VOL. 5. NO 14.
H
n
tu
. P.
r
One l,ar a"dI rifty Cents per
aDDuui payable In Advauce,
ov dvUARAXD SEVENTY-FIVE CTS.
If n t paid within six months, and
TWO DOLLARS
0l pXJ until the termination of the year.
-, si! . 'tin will be taken for a shorter
' i tii.iu six months, and uo subscriber will be
""rtv t 'l'wv' ntinue hia paper until all ar
'wris:.'s"are paid, except at the option ot the
UWp'TS::i subscribing for -ix months will be j
..r.j ONt iK'LLAK. unless the money is paid J
4dertilngrIHatcis. I
(ie invert n. j ko uu. rtc uo
1 qi::ir.
; glares
3 squares,
12 lines)
24 lines
lines)
$ 50 $ 75 $1 00
1 00 1 00 2 00
1 50 2 00 3 00
3 months. 6 do. 12 do
11 50 $3 00 $5 00
2 50 4 50 9 00
4 00 7 00 12 00 i
G 00 9 00 14 00 !
10 00 12 00 20 00 i
15 00 22 00 35 00 '
iare. f 12 lines I
jennies j-4 lines I
s v,i"ii,iri . lines J
pltJ Ii.t!f ;icu!uniu,
i- All a dvertiscmcnts must be marked with
vLiiniKT of insertions desired, or they will b;
f-ntmue.
.1 until forbid, and charged accordingly.
r (LitiT ubcvtiscRunfs.
McKUVS CtLCBitATEU
LIQUID GLUB,
r H K (J R E A T A I II K S I V E
'. , f i's-7"? ar'irh. ever imvitted, fur house,
ihn n.i'l ntjirt , snrpaxsiiiy in utility
1 1-
t idler
qlue, gum, miicuuyv,
... l
i .
l"!S'K 'l rllitt ill HI I liiojilll.
ki)S Uoady lor Application.
V1KS!T. OX I'APKIt. ri.TH. I.KATIIEIi,
f:hnitli:i5, 1'oiici:lain t iiina.mau-
liLK, on CLASS.
1 Ml manufacturm,!
no s;: nen r.
ianiifactnrin.5 F.mcy Articles, Toys etc.,
:jen r, not onl- pnsesmg gi eater
5t::'i tlian any other known article, b..: a'
; ..r.. diiieklv. leaving n stain wheie tLe
' - . , - i
M-L V". VillliM,
Nkvkk Fails.
I. ist tlir 'c Vi-ars up'vir Is 2 jO.OOO
n.Llv celJbr.itcl I.HJUI1) GLUE
ive !
i i anl tl.e great cin vei.ience which
', . i . . i it. i
r. I m cverv case, ium iieeren. w:iuici
i.und wh;'"'.. t'.te manufacturer has futind :
.i
r. t t rivet: :-K tK-wicugni ov
it i;s iii.ri.a ..ro l.ir aoove
biitiwis. ever c?rcd to
r a
'if- T'-ii 'I1 lit srl' ii.-iirrh rouitfei iciiitJ i.b
' -,-. .,-: -M-li-'l's r.li'fo-'t'cl Liquid
'j'v.t.'i? 'ire 't .1 l.hfsii;-. ' Ta!;en nlhcr.
Tin: wry rnw: a:rs a dottj.i:.
"wii.'l. ,;-ed aic! Sold Whole-ale v.n-l I'etaii.bv
W.M C. M UK A, S!ii'ii'iicr.
N i. r.uT Chvstuut Street., l'lnla-k-lphia
vy I. b t.i! in In vments fle.rel to persons dc-
- ,,!' -e.liii tl.e above article.
St o. 2A 1307 45 ly.
M'trrpusi Jt'iiuuxv.
LLltY.
!Ir:!ri.rsLF. nn-lll. H 1. :t JF
If t.. 'I.. .i.'.e. ....... ..li. I v
u-'rv Stor:" n V"1 NO- H.T
t X.'rth Second Stieit, Corner of
"u:ry, I'hiladelphia.
j oil Lever Watches, full Jewelled,
; caret cases.
28,00
24,00
24,00
i.iil Lenine. IS caret,
- . . . ii i
rer Lever, full jewelled,
vcr Lepiu jewels,
12.00 !
ipBrior Quart lers,
7,00
7,00
1.50
3,00
1,00
5,00
G'-ild Spectacles,
mo Silver do..
JulJ Rracelets,
i ly's Gold Pencils,
ilv. r Tea Spoons, set.
old Feus, with rencil aud Suver bul- ;
dor, 1,00 l
(J. 11 Firi-'M- Kings R7i cts to !8o : Watch
'asses, pliin 12 ets., 1'atent lSj cts., Lf.net
r articles i:i oroj.ortion. All go-h!s war-
t.'.l to be what thev a resold for.
!L7"Ouhand
Lepines .still
tik (i Id and SUver x-vcis
vci- tii.iu the above i rices.
d
STAUFKEIi .V
HA II LEV,
t. no, 1S5"
47 lv.
THE SiXUJ'l' INFIILMITILS OF
lOI T II A . f 31 A T V K I T Y .
'.5f 1'ulJishcJ, (s'rutis, the 'loth Thousand.
A FEW WOKDS ON i ll E KA-
7tionaI treatment, lti.oin menu n e,oi
Sftermatorrbea or Lical Wcakne-s,
t'.irnal Emissions, Genital and Nervous 1 ).
y, I'reniature Dc. ay of the System, Imp
v, an I Impediments t Marriage gi-ncrally,
15. DE LANEY, M. 1).
Tao ininortAnt fact that the many alarming
-i'laints. originating in tite impni.'. nce au.l
';! of v.. nth, m:iv be easily removed WITH
T MKDIC'INE, is", iu this small tract, clearly
-:-trate 1 ; and the entirely new and highly
sfnl treatment, as adopted by the Author,
y fKjilainc 1, bv moans of which every one is
"lei to cure HIMSELF perfectly and at the
"t p.s;b!e cost, thereby avoiding all the ad
vised nostrums of the day.
it to any address, gratis and post free in a
ciivclouo l.v r-mittiii two nostairc stamps
hr. PR I AVrv 17 T.Uix'nar.l t... New York.
pt. 80, 1857 ly.
RICH A BiTjl" JONEST"
wi nt
UIHE, ZIMMERKAN & ALLEK,
WHOLESALE DkLKRS IX
DR GOODS,
'0 143 MARKET STREET,
lit
RKT.VEKN" THIRD AXl) FOL ItTH,
SSoi:ii:e. i
lit . . - I
t lGEN'-ALLEN.
jfc. 4, 1857. tf
Jlc ived at the store of El) W AUD UCdX
Uooii,; Cxi I-,
1ft L. 1? n . .
w nan urls Herring.
and
10 half Brli Mackerel:
155.
PRESIDENT'S MESSAGE,
Oa Submitting the Lecompton Constitution
To the Senate and House of Representative t
of the United States :
I have received from J. Calhoun. Esq-,
the President of the late Constitutional Con
vention of Kan., a copy, duly certified by
himself, of the Constitution framed by that
body, with the expression of a hope that I
would submit the same to the consideration
of Congress, with the view of securing the
admission of Kansas into the Union as au
lndependent State . In compliance with this
request, X Krewith tranan.it to CongfcssT
for its action, die Constitution of Kansas, with
the ordinance respecting the public Lands, as
well as with the letter of lien. Calhoun, da
ted Lecomptou, 11th ult., by whieb they were
accompanied,
Having received but a single copy of the
Constitution and Ordinance, I send this to
the Senate.
A great delusion seems to pervade the pub
lic miud iu relation to the condition of par
ties in Kansas. This arises from the difficul
ty of inducing the American people to realize
the faet that any portion of them should be
in a state of rebellion against the government
under which they live. When we speak of
affairs in Kausas, we are apt to refer mcrly to
the existence of two iolent political parties in
that Territory, divided on the question of
slavery, just as we speak of such parties in
the States. This presents no adequate idea
of the true state of the case. The dividing
line tlx re is nr t between political parties,
bMh acknowledging the lawful existence of
the Government but between these vho are
are
mval to tins (joxcrumw.r ata tliose wlio have
endeavored to destroy- its exi" teuce Ly force
and usuiptiiDti between those who sustain
aud those wl.n have done all in their po7er to
overthrow the Ten itorial government estab
lislied by Ci-nguss. This Government they
would long .since have subverted, had it not
been protected from their assaults by the
troops of the United States. Such has been
the condition of afTai s since my inauguration
Ever since that period a large portion of the
per pi o of Kansas, have been in a state of re
bellion against tl.. Government, with a mili
tary leader at their head of the most turbu
lent and dangerous character. They have
never acknowledged, but have constantly re
nounced and defi r 1 the Government to which
they owe allegiance against its authority
The) have alt the time been endeavoring to
subvert it, and a establish a revolution:!! y gov
. .r.mei.t uui.. Tot.eka Constitu
tion in lis stead. Even at this v y m.iu.ut thu
Topeka Legis'.a' u;e is in sessin. Whoever
has real the corresponueuce of i .vrnor
Walker with the State 1) partm. nt, recently
coniiiiunieatcd to tiie Sen ile, will b-j couvin-
ced that this picture is not overdrawn lie
i always protested again.vt the withdrawal of
i the military forco' of the United States from
I the Territory, ''.cming its piesem-e absolu
: t ly neers-ary 1. r the preservatiou f tiie re
gular government and the execii'i u of the
1 laws In his very first dispitcli to the Seu
J retary of State, Jatcd June2ud, 1857, he
I says :
' -'The most alannii'g niovcinent however
i proceeds from the acu.bling of tho t-.o cal
I led Topeka Legir-1
i enactment of an
at lire, with the vicv i.o
entire code of laws.
I tie
Of-
course it will be endeavored to prevent such a j
i it i. -.il l-
i-Ksuit as woui-i iea i to an inevnauie uisas-
trous collision, and in fact renew civil warm
Kansas."'
This was with diffn alty prevented by the
efforts of Governor Walker, but soon Gen
eral Harney was requirid to furnish him a
regiment of dragoons to proceed to the city
of Lawrence; and this for the reason that he
had received authentic intelligence, verified
by his own actual observation, that a danger
ous rebelb;on had occurred, "involving open
defiance to the laws, and the establishment of
an insurgent government in that city". Iu
:!,c Governor's dispatch of July 15th, iu -
forms the Secret iry of State "that the move
, mi nt at Lawrence was the begiuniug of a
I plan, originating iu that city, to organize an
. insurrection throughout the Territory, and
: especially in all towns, cities and comities,
where the Republican party have a majority.
1 Lawrence is the hot bed of the all the aboli
, tioii movements in this Territory It is the
! town established by she abolition Societies of
j the East; ami whilst there are respectable peo
ple there, it is tilled by a considerable num.
ber ot mercenaries wli ar paid by the Abol
ition Societies to perpetuate aud diffuse agita
tion throughcut Kansas, and prevent the
peaceful settleuu nt of this question. Having
failed in inducing their own. the so-called
Topeka State Legislature, to organize this
insurrection Lawrence has commenced it her
te'f, and it in;t arrest, d, the rebellion will ex
tend throughout the 'ierrilory."
And agaiu : "In order to send this com
munication immediately by mail, must close,
assuring you that a spirit of rebellion perva
des the great mass of the Republicans of this
Territory, instigated, as I entertain no doubt
they are by Eastern Societies, having in view
results moft disastrous to the Government
and the Union, And that the continued
presence of Gen. Harney is indispensable,
; as originally stipulated by me, with a large
body ot dragoons and several batteries
Ou the 20th of July, 1857. General Lane,
under the authority of the Topeka Conven
tion, undertook, as Governor Walker says,
to organize the whole so-callod rree fetate
party into volunteers and take the names of
..II roVin rr.fii'sr enrollment. The nrofeSStd
! object was to the now insurge
" - "
Legislature. 1 he object to t:
of all who refuse the enrollment is to terrify
the Free State conservatives into submission.
This is proved by the recent atrocities com
mitted ea. sudi men by tho Topekaites. The
speedy location of large bodies of regular
troops with two batteries is necessary. The
Lawrence insurgent await the development
of this new revolutionary military - organiza
tion." In Gv, Walker's dispatch of July 27th,
he says : ' General Lane and his staff every
where deny the authority of the Territorial
laws, and counsel a total disregard of these
enactments. "Without making further quo
tations of similar character, from other dis
patches of Governor Walker, it ; appears by
reference to Acting Governor Stanton's com-
muuication co Secretary Cass, under the date
of the 9th of December last, that "the im
portant step of calling the Legislature togeth-
er was taken after Gov." alker had become i
sat,sned tnat" :efeetton7roVdereU "by the
Convention on the 21st inst,, could not be
conducted without collisiou or bloodshed."
So intense was the disloyal feeling among the
enemies of the Government established by
Congress, than an election which offered them
an opportunity, if in the majority, of making
Kansas a freu State, according to their own
professed desire, could not be conducted with
out collision and bloodshed The truth is,
that until the present moment the enemies of
the existing Government still adhere to the
Topeka Revolutionary Constitution and Gov
ernment. The very first paragraph of the
Message of Gov. Robinson, dated the 7th of
December, to the Topeka Legislature, now
assembled in Lawrence, contains an open de
fiance of the Constitution and laws of the
United States. The Governor says: '"The
Convention whien framed the Constitution at
T,opeka originated with the people of Kansas
Territory, They have adopted and ratified
the same twice by a direct vote, and also in
directly through two elections of State offi
cers and Members of the State legislature,
:t i,ns rvlcaso,! tliA Administration te re-
ir.lr,i tua .iiriitt r,r.n,i;r rpv.Jninnr.- "
proceedings as revolutionary
This Topeka government, adhered to with
such treasonable pertinacity, is a government
iu direct opposition to the existing govern
ment as p. escribed and recoguized by Con
gress. It is an usupation of the same char
acter as it would be for a portion of the
people of any State, to undertake to establish
a separate government within its limits for
the purpose of redrefsing any grievances,
real or imaginary, of which they might com
plain, against the legitimate State govern
ment. Such a principle, if carried into exe
cution; would destroy all lawful authority, and
produce uuiversal anaichy From this state
ment of facts, the reason becomes palpable
why the enemies of the government author
ized by Congress, have refused to vote for
Delegates to the Kansas Constitutional Con
vention, and also, afterwards, on the question
el slavery, submitted by it to the people. It
is because tLey Lave ver refused to sanction
or recognize any oth?r Custituion. than that
framed at Topeka. Had the whole Lecomp
ton Consiitution been submitted to the people,
the adherents of this organization would
doubtless have voted against it, because if
successful they would have thus removed an
obstacle out of the way of their own revolu
tionary Constitution. They would have done
this not upon consideration of the merits of
the whole or part of the Lecompton Cousti
tion. but simply because they have ever re
sisted the authority of the government au
thorized by Congress, from which it cu ina
tj Such beiug the unfortunate condition of tho
affairs of the Territory, what was the right,
as well as duty, of lw-abiding people'?
Were thev silently and paticntlv to
. . r "
submit to
tiie usurpation, or aaoj t seme necessary meas
ure to establish a Constitution under the or
ganic law of Congress ? That this law rec
ognized the riht of the Territory, without
the enabling act of Congress, to form a Slate
Constitution, is too clear for argument, For
Congress " to leave the people of the Terri
tory perfectly free," in framing their Consti
tution, ' to form and regulate their domestic
institutions in their own way, subject only to
the Constitution of the United Statea.:: and
then to say they shall not bs permitted to
proceed and frame a Constitution in their own
.T.l. ...... iKa f.npAt-o nlitlit.itn li..n.i V
Way, vtluouc ine CAjjrccj auiuvi.ijf uvu.
gress, appears to be almost a contradiction of
terms. It would bo much more plausible
that the people of a Teiritory might be kept
out of the Union for an iudefinite period, aud
until it n ight please Congress to permit them
to exercise the right of self government.
This would be to adopt, not " their own
way," but the way which Congress might
prescribe,
It is impossible that any people could have
proceeded with more regularity in the forma
tion of a Constitution than the people of
Kansas have done. It was necessary first,
to ascertain whether it was the desire of the
people to be relieved from a Trritonal de
pendence, and establish a State Hoverrment
For t his purpose, the Territorial Legislature
in 1855 passed a law " for taking the sense
of the people of this Territory, upon the ex
pediency of calling a Convention to form a
State Constitution," at, the general election to
be held in Octe.ber, 185G. The "sense of
the people" was accordingly taken, and they
deciiji in favor of a Convention. It is true
that at this election, the enemies of the Ter
ritorial Government did not vote, becanse
they were then engaged at Tcpeka, without
the slightest pretext of lawful authority, in
framing a Constitution of their own, for the
purpose of subverting the Territorial Gov
ernment, Iu pursuance of th"i3 decision of the people
in favor of a Convention, the Territorial Le
gislature, ou the 27th of February, 1S57.
passed an act for the election of delegates on
the third Monday of June, 1857, to frame a
State Constitution. This law is as fair in its
ent Topeka State I provisions as any. mac ever passeu a jegisia
taking the names j turc for a bimilar purpose. The right of
. - .1 . i . r . 1-
suffrage at this election is clearly and justly
defined " Every bona fide inhabitant of
Kansas," on the third Monday of June, the
day of thu election, who was a citizen of the
United States, above the age of twecty-onc,
and bad resided therein for three months
previous to that date, was entitled to vote.
In order to avoid ail interference from neigh
boring States or Territories with the freedom
and fairness of th election , a provision was
made for the registry of qualified voters, and
pursuant thereof, nine thousand and fifty-two
voters weie registered. Governor Walker
did'his wnole duty in urging all the qualified
ciiiiens of Kansas to vote at this election.
.En his inaugural address on the 27th of
Ma( he informed them that '-under ourprac
tice the preliminary act of passing a State
Co-fstitution is uniformly performed through
theinstruaientality of a Convention of Dele
fZ'KSj choscu by the people themselves; that
lo convention is now about to beclccted')y
you under a call of the Territorial Legislature
created, and still recognized, by the authority
Of Congress, and clothed by it, in the com-
preheusive language of the organic law, with
full power to make such an enactment. The
Territorial Legislature, then; in assembling
this Convention, were fully sustained by the
Act of Congress and the authority of tho Con
vention is distinctly recognized iu my in
structions from the President of the Uuited
States." The Governor also clearly and dis
tinctly warns them what would be the conse
quence if they did not participate iu the elec
tion. "Tho people of Kausas, then," he
says, "are invited by the highest authority
known to the Constitution to participate free
ly and fairly in the election of delegates to
frame a Constitution a. id Stato Government.
The law has pcrlormed its entire and appro
priate function when it extends to the people
the right of suffiage, but it canuot compel the
porformance of that duty. Throughout the
whole Union, however, and wherever free
government prevails, those who abstain from
the exercise of the right of suffrage, author
ize those who do vote, to act for them in that
contingency. and absentees a.e as much bound
by the law and the Constitution, where there
is no fraud or violence, by the act of the ma
jority of those who do vote, as if all had par
ticipated iu the election. Otherwise, as vo
ting must be voluntary, self-government wo'd
be impracticable, and monarchy aud despot
ism would remain as the only alternative "
It may also be observed that at ibis period,
auy hope, if such existed, that the Topeka
Constitution would ever be recognized by
Congress must have been abandoned Con
gress had adjourned ou the third of March
previous, having recognized the legal exis
tence of the Territorial Legislature in a vari
ety of forms, which 1 need not enumerate
Indeed, the delegate elected to the House of
Representatives under the Territorial law, had
beeu admitted to his seat. and had just com
pleted his.term of service the day previous to
my inauguration. This was a propitious mo
mei.'k foi- t.c'.t!'-M2 all the difficulties in Kansas.
This was the tiuue. for aban-jLuing the revj'd
tionary Topeka organization, aud for the ene
mies of the existing government to conform
to the laws and unite with its friends in fra
ming a State Constitution, liut this they re
fused to do, and the consequence of their re
tusal to submit to lawful authority, aud vote
at the election of delegates, may jet prove to
be of the most deplorable character. Would
that the respect for the laws of the laud, which
so eminently distinguished the men of the past
generation, could be revived ! It is a diaie
'ard and violation of the law which have for
years krpt the Territory of Kansas in a state
of almost open rebellion against the Govern
ment ; it is the same spirit which has produ
ce! actual rebellion in Utah. Our only sale
ty consists in obedience aud conformity to the
law. Should a general spirit against its en
forcement prevail, this will prove fatal to us
as a nation. We acknowledge no master but.
the law. And shou'd we cut loose from its
restraints, and every one uo what scerueth
good in their own eyes, our case is indeed
hopeless
The mercies of the Territorial Government
are determined still to resist the authority of
Cong ess They refused to vote for delegates
to the Convention not because, from circum
stances which I need not detail, there was an
omission to register comparatively few voters
who were inhabitants of certain counties in
the early spring of 1857 but because they
had predetermined, at all hazards, to adhere
to their revolutionary organization, and defeat
the establishment of any either Constitution
than that which they had framed at Topeka
The election, therefore, was suffered to pass
in default. Rut of this result the qualified
electors, who refused to vote, can not justly
complain.
From this review it is manifest that the
Lecompton Convention, according to every
principle of Constitutional law, was legally
constituted and invested with the power to
frame a Constitution.
The sacred principle of popular sovereignty
has been invoked in favor of the enemies of
law and order in Kansas, liut iu what man
ner is popular sovereignty to be exercised in
this country; if not through the instrumental
ity of efctablibhed laws. In certai't small re
publics of ancient times, people did assemble
in primary meetings, passed laws, and direc
ted public allairs In our country, tais is
manifestly impossible. Popular sovereignty
can be exercised here, only through the ballot-box,
and if people will refuse to exercise
it, in this manner, as they have done in Kan
sas at the election of delegates, it is not for
them to complain that their rights have been
violated.
The Kansas Convention, thus lawfully con
stituted, proceeded to frame a Constitution,
and having completed the work, finally7 ad
journed on the 7th of November last. They
did not thiuk proper to submit the whole of
this Constitution to a popular vote, but did
submit the question, whether Kansas should
be a Free or a Slave State, to the people.
This was the question which had lighted the
flames of civil war in Kansas, and produced
dangerous sectional parties throughcut the
Confederacy. It was of a. (character so para
mount in respect to the condition of Kansas,
as to rivet the attention of the people of the
whole country .upon it alone. No person
thought of any other qtrestton. For my ora
part when I instructed Gov. Walker in gen
eral terms, in favor of submitting the Consti
tution to the people, I had no object in view
except the all-absorbing question of slavery.
Tn what manner the people might regulate
thcir 'own concerns, was not the suljoct which
attracted my attention. In fact, the general
provisions of the recent State Constitutions,
after an experience of eighty years, are so
similar and excellent that it would be difficult
to go far wrong at the present day, in fra
ming a new Constitution.
I then believed, and still believe,; that un
der the organic act, the Kansas Convention
were bound to submit this all important ques
tion of slavery to tho people. It was never,
however, my opinion, that, independently of
this act, they would have been bound to sub
mit any portion of the Constitution to the
popular vote, ia order to give it validity.
Had I entertained such an opinion, this would
have been in opposition to many precedents
in our history, commencing in the very best
age of our Republic It would havo been in
opposition to the principle which pervades our
institutions, and is every day carried into
practice, that the people have the right to
delegate to representatives chosen by them
selves, their sovereign power to frame Con
stitutions, enact laws, and perform any'other
important acts, without requiring that these
should be subjected to their subsequent ap
probation. It would be a most mcowvetueut
limitation of their own power, imposed by the
people upcu themselves, to exclude them
from exercising th:ur sovereignty in any law
ful manuer they may thiuk proper. It is
true, the people of Kansas might, if they had
pleased, required the Convention to submit
the Constitution to the popular vote, lint
this they have not done. The only remedy,
therefore, in this case, is that which exists in
ali other similar cases. If the delegates, who
framed the Kansas Constitution, have in any
way violeted the will of their constituents, the
people always pessess the power to change
their Constitution or laws, according to their
own pleasure.
The question of slavery was submitted to
an election of tho people of Kansas on the
21sr of December last, in obedience to the
mandate of the Constitution. Here again a
fair opportunity was presented to the adher
ents of the Topeka Constitution, if they were
the majority, to decide this exciting question
"in their own way," and thus restore peace
to the distracted Territory, liut they again
refused the right of popular sovereignty, and
again suffered the election to pass by de
fault. I heartily rejoice that a wiser and better
spirit prevaild among a large majority of
' fh:se people on the first MonJay in January,
j and that they did that day vote under the
Lecompton Constitution tor tuovernor and
other State officers, member of Congress' and
members of the Legislature. This election
was warmly contested by parties, and a larger
vote was polled than at any previous election
in the Territory. We may now reasonably
hope the revolutionary Topeka organization
will be speedily and fiually abandoned, aud
this will go far tovard the fiual settlement of
the unhappy ditfereuccs in Kansas. If frauds
have beeu committed at this election, by one
or both parties, the Legislature and the people
ol Kausas, under the Constitution, will kuow
how to redress themselves, and punish these
detestable, but too common crimes, without
auy outside iuterfercncrt
The people of Kausas have theo, "in their
own way," and in strict accordance with the
organic act, framed a Constitution and State
government, have submitted the all-important
question of slavery to the people, and
have elected a Governor, a member to repre
sent theni4n Congress,, members of the State
Legislature, and other Mate officers. They
now ask admission into the Union, under this
Constitution, which is republican in its form.
It is for Congress to decide whether they will
admit or reject the State which has thus been
created For my own part, I am decidedly
in favor of its admission, and thu6 termina
atiug the Kansas question. This will carry
out the creat principle of non-intervention.
recognized and sanctioned by the organic act
which declares in express language iu favor
of the nou-icteiveution of Congress with sla
very in the States and Territories' leaving
"the people thereof perfectly free to form and
regulate the domestic institutions iu their own
way, subject only to the Consiitution of the
Lnitsd States, la this manner, by locali
zing the question of slavery and confining it
it to the people who arc immediately con
cerned, every patriot anxiously expected this
question to be banished trom tho halls ot
Congress, where it has always exerted a bale
ful iufluence througout the country. It is
proper that I should refer briefly to the elec
tion held under an act of the Territorial Leg
islature, on the first Mouday iu January last,
on the Lecomptou Constitution. This election
was held after the Territory had been pre
pared for admission into the Union as a sov
ereign State, aud when no authority existed
in the Territorial Legislature, which could
possibly destroy its existence or change its
character. The election, which was peace
fully couducted under my instructions, invol
ved a s'range inejousisteuey, A largo major
ity of the persous who voted against the Le
compton Constitution, were, at the very same
time aud place, recognizing its valid existence
in the most solemn and authentic manner by
voting unJer its provisions 1 have a3 yet,
received uo othciai lutormutiou of the resuit
of this election.
As a question of expediency, after tho right
has beeu maintainad, it may bo wise to le
fleet upon the benefits to Kansas and to the
whole country, which would, result from its
immediate admissiou into the Union; as well
as the disasters which may follow its rejection.
Domestic peace will be the happy consequence
of its admission, aud that fine Territory, hith
erto bmi by dissensions, will rapidly increase
' in population, aud wealth, an 1 speedily reluze
the blessings and comforts which follow agri
cultural and mechanical industry. The peop
le then "will be sovereign, and can renlat
their own Affairs io their own way. If the
majority of them desire to abolish domestic
slavery within the State, there is no other
possible mode by which it can be effected so
speedily as by its prompt admission. The
will of the majority is supreme and irresisti
ble, when expressed in an orderly and law
ful manner- Tbey can make and unmake
Constitutions at pleasure It would be ab
surd to say tbey can impose fetters upon their
own power, which they cannot afterwards re
move If they could do this, they might tie
their own bind for a hundred as well as for
ten years, These are the fundamental prin
ciples of American freedom, and are recogn
ized, I believe, in seme form "or other, by
every State Constitution : and if Congress, in
the act of admission, should think proper to
recognize them, I can preceive no objection
to such a cour.-e. This has been done empha
tically in the Consthntion of Kansas. It de
clares in the Rill of Rights, that "all politi
cal power is inherent in the people,, and all
free governments are founded on their author
ity, and instituted for their benefit, and.
therefore, they have at all times an inaliena
ble and indefeasible right to alter, reform or
abolish thoir form of government, in such
manner as they may think proper." The
great state of New York is at this moment gov
erned trader a Constitution framed in direct
opposition to the mode prescribed by the pre
vious Constitution. If, theicfore, the peo
vision changing the Kansas Constitution af
ter the year 18(54, ccu'd by possibility bo
construed into a prohibition to make such a
change previous -to that period, this pro
hibition would be wholly unavailing. The
Legislature already elected, may at its very
first session, submit the question to a vote of
the people, whether they will or will not have
a Convention to amend their Constitution,
and adopt all necessary i cans for giving ef
fect to the populae will.
It has been solemnly adju Iged by the high
est Judicial Tribunal known to our laws, that
slavery exists in Kansas, by virtue of the
Constitution of the United States. Kansas is
therefore, at this moment, as much a slave
State as Georgia or South Carolina. With
out this, the t quality of the sovereign States
composing the Uuion would be violated, and
the use and enjoyment of territory, acquired
by the common treasure of all the States,
would be closed against the people and prop
erty of nearly half the members of the Con
federacy. Slavery can therefore never be
prohibited in Kausas, except by means of a
Constitutional provision, and in no other
manner can this be obtained so promptly, if
a majority of the people desire it. as by ad
mitting it into the Uni .n, under its present
Contitution.
On the other hand, should Congress reject
the Constitution, under the idea of affording
the disaffected iu Kansas a third opportunity
to prohibit slavery in a State which they might
have done twice before if in Ihe majority, no
man can foretell the consequences. If Con
gress, for the sake of those men who refused
to vote for delegates to the Convention, when
they might have excluded slavery from tho
Constitution, and who afterwards refused to
vote ou the 21st of December; when they
might, as they claim, have stricken slavery
from the Constitution, should now reject a
State, because slavery remains in the Consti
tution, it is manifest that the agitation en this
dangerous subject will be renewed in a more
alarming form than it has ever assumed.
Every patriot in the country had indulged
the hope that the Kansas-Nebraska Act wo'd
put a final end to the slavery agitation, at
least in Congress, which had, for more than
twenty years, convulsed the country, and en
dangered the Union. This act involved great
and fundamental principles; and, if fairly
carried into effect, will settle the question.
Should the agition be again revived ; should
tho people of the sister Stats be again es
tranged from each other with more than their
former bitterness, this will arise from a cause
so far as the interest of Kansas is concerned,
more trifling and insignificant than has ever
stirred the elements of a great people into
commotion. To the people of Kansas the
only practical difference between admission
or rejection depends simply upon the fact
whether they can themselves more speedily
change the present Constitution, if it does
not accord with the will of the majority, or
frame a second Constitution to be submitted
to Congrcfs hereafter. Even if this were a
question of mere expediency, and not of iiht
a small diUorence ol time one way or the oth
er, is of not the least importance, when con
trasted with the evils which must necessarily
result to the whole couutry from a revival of
the slavery agitation. Iu considering this
question, it should never be forgotten, that in
proportion to its insignificance, let the decis
ion be what it may. o far as it may affect the
few thousand inhabitants of Kansas, who have
from the beginning, resisted the Constitution
and laws For this very reason the rejection
of the Constitution will be so much more the
keenly felt by the p ople of the fourteen
States of the Union whjre slavery is recogni
zed under the Constitution of the United
States. A ;ain. the ppeedy admission of Kan
sas iuto the Uuiou would restore peace and
quiet to the whole country. Already the af
fairs of the Territory have engrossed an un
due proportion of public attention, and have
sadly aifoetel the friendly relafions of the peo
ple of the States with each other, and aroused
:h.i fca.-s of pitrijts f r the safety of the Un
ion. Kansas ouce admitted iiuo the Union
the excitement becomes localized, and will
soon die away for waut of outside aliment
Theu every difficulty would be settled at the
ballot-box ; besides, aud this is no triflinir
smr. . 7. 1 ...... t ; T .11.1 1 . . ... . .O
n.ujmiiia.iuu, sua.uucii oueuauieu to with
draw tho tioops fr.un Kansas and employ
them on service much needed. Th?v hol
been kept there ou tho earnest iniportunitr of-
- 'll. ... a. . .. . - -
j Gov. Y
u.ei, ij ma'.aiam tae existence of
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