Crawfordsville Review, Crawfordsville, Montgomery County, 13 February 1858 — Page 1

NEW SERIES--VOL. IX, NO. 30,

PRESIDENT'S MESSAGE

O* THE

Xa6compton Constitution.

The following Is the spccial message of the President, which accompanied the Lccompton Constitution, transmitted to Congress on the 3d inst:

MESSAGE OF THE PRESIDENT.

~.T WASHINGTON, Feb. 3d 1858.

To the Senate and House of Representatives. I have received from Mr. Calhoun, President of the late Constitutional Convention of Kansas, a copy, duly certified by himself, of the constitution framed by that body, with the expression of the hope that I would submit the same to the consideration of Congress, "with the view of the admission of Kansas into the Union as an independent State." In compliance with this request I herewith transmit to Congress for its action the Constitution of Kansas, with the ordinance respecting the public lands, as well as the letter of Mr. Calhoun, dated Lccompton, the 14th ult., by which 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 prcvadc the public mind in relation to the condition of parties in Kansas. This arises from the difficulty of inducing the American people to realize the fact that any portion of them should be in a state of rebellion against the government under which they live.— When we speak of the affairs of Kansas we arc apt to refer merely to the existence of two violent political parties in that Territory, divided by the question of slavery, just as we speak of such parties in States. This presents no adequate idea of the State of the case. The dividing line there is not between two political partics, both acknowledging the lawful existonce of the government but between those who have endeavored to destroy its existonce by force and usurpation—between those who sustain and those who have done all in their power to overthrow the Territorial government established by Congress.

This government they would long since have subverted had it not been protected from assaults by the troops of the United tftatcs. Such has been the condition of affairs since my inauguration. Ever since that period a large portion of the people of Kansas have been in a state of rebellion against the government, with a military leader at their head, of most turbulent and dangerous character. They have never acknowledged, but have constantly renounced and defied, the government to which thovowe allegiance, and have been all the time in a state of resistance against its nuthoritv. They have all the time Leon endeavoring to subvert it and establish a revolutionary government under the socalled Topeka constitution in its stead.— Even at this very moment the Topeka Legislature arc ii»scssion. Whoever has read the eom^qiondcnce of Governor Walker with the State Department, recently communicated to the Senate, will he convinced that this picture is not overdrawn. No always protested against the withdrawal of any portion of the military force (f the United States from the Territorv, deeming its presence absolutely ncress'ary for the preservation of the regular Government, and the execution of the laws.

In his very first despatch to the .Secretary of State, dated June 2, 1S57, he says:— "A most alarming movement, however, proccds from the assemblingol the so called Topeka Legislature, with the view to the enactment of an entire code of laws. Of course it will bo my endeavor to prevent such a result, as it would lead to an inevitable and disasterous collision, and, in fact renew civil war in Kansas."

This was prevented by the efforts of Governor Walker, but soon he had to send to General llarnoy to request him to furnish a regiment of dragoons to procedc to the city of Lawrence, and this tor the reason that he had authentic intelligence, varificd by his own actual observations, that a dangerous rebellion had occurred, involving open defiance of the laws and the establishment of an insurgent government in that city.

In the Governor's dispatch of July 13, he informs the Secretary of State that— fi "The movement in Lawrcnce was the beginning of a plan, originating in that city, „to organize an iusurrection throughout the ^.Territory, and especially in all the towns, cities and counties where the Republican 'party have a majority. Lawrcnce is the hotbed of all abolition movements in this

Territory. It is the town established by ,ntlie abolition societies of the East, and 'vrlulo there are a respectable number of ^people there, it is filled by a considerable "r'nnmber of mercenaries, who arc paid by -i/thc abolition societies to perpetuate and ^diffuse agitation throughout Kansas, and prevent tho peaceful settlement of the ^question. Having foiled in inducing their **own so-called Topeka State Legislature to ^'organize this insurrection, Lawrence has ^commenced it herself, and if not arrested —rebellion will extend throughout the Territory." iV,

And again:-—

Vy "In order to send this communication ^immediately by mail, I must close assuming you that the spirit of rebellion pervades the great mass of tho Republican party of this Territory, instigated, as I &} entertain no doubt they are, by Eastern societies, having in view results most dis^asterous to the government and the Union, "'and that the continued presence of General Harney is indispensible, as was originally stipulated by me, with a large body lljrf dragoons and several batteries.

On the 20th of July, 1857, General 'ijine, under tho authority of the Topeka 'Convention undertook, as Governor Walker ^Bays:— '.'To organise the whole' free State party

Into volunteers and to take the names of all who refuse enrolment. The proposed Reject *aa«o proteot the polls at the elececfion ut August of a' new Legislature. The fit taking the name* of all whoreftae

enrolment is to terrify the free State conservatives into submission. This is proved by the recent atrocities committed on such men by the Topekaites. The speedy location of large bodies of regular troops here with two batteries is necessary. The Lawrence insurgents await the developments of this new military organ izat-ion.

In the Governor's despatch of .July 27 th he says: "Lane and his staff everywhere deny the authority of the Territorial laws, and counsel a total disregard of the movements."

Without making further quotations of a similar character from other despatches of Governor Walker, it appears by refer* cncc to Secretary Stanton's communication to General Cass on the 9th of December last, that "the important step of calling the Legislature together was taken after Governor Walker had become satisfied that the election ordered by the convention on the 21st instant could not be conducted without collision and bloodshed. So intense was the disloyal feeling among the enemies of the government established by Con" grcss, that an election which afforded them opportunities, if in the majority, of making Kansas a free State, according to their own professed desire, could not be conducted without collision and bloodshed. The truth is, that until the present moment the enemies of the existing government still adhere to their Topeka revolutionary constitutional government. The very first paragraph of the message of Governor Robinson, dated 7th of December, to the Topeka legislature, now assembled at Lawrence, contains an open defiance* of the laws and constitution of the United States. The Governor says: "The convention which framed the Topeka constitution originated with the people of the Kansas Territory. Tlicy have adopted and ratified the same twice bv a direct vote also directly through two elections of State officers and members of the State Legislature yet it has pleased the administration to regard the whole proceeding revolutionary."

This Topeka government adhered to with such treasonable pertinacity is a government in direct opposition to the cxisting government presented and recognized by Congress.

It i.3 usurpation of the same character as it would be for a portion of any State to undertake to establish a scperate government within its limits for the purpose of' redressing any grievance, real and imaginary, of which they might complain, against the legitimate State government. Such a principle if carried into execution, would destroy all lawful authority and produce universal anarchy. From this statement of facts the reason becomes palpable why the enemies of the government authorized by Congress, have refused to vote for the delegates to the Kansas constitutional convention, and also, afterwards, on the question of

slavery,

submitted by it to the peo

ple. It is because they have even refused to sanction or recognize any other constitution than that framed al Topeka. Had the whole Lccompton constitution been submitted to the people, the adherents of this organization would doubtless have voted against it, because if successful they would thus have removed the obstacles out of the way of their own revolutionary constitution. They would have done this, not upon tho consideration of the merits of the whole or part of the Lecomplon constitution, but simply because they have ever resisted the authority of the government authorized by Congress from which it emanated.

Such being the unfortunate condition of affairs in tho Territory, what was tho right as well as the duty of the law-abiding people 1 Were they silently and patiently to submit to the Topeka usurpation or to adopt the necessary measure to establish a constitution under the authority of the organic law of Congress? That this law recognized the right of the people of the Territory. without-an enabling act of Congress to form a State constitution, is too clear for argument. For Congress "to leave the •people of the Territory perfectly free" in framing their constitution "to form and regulate their domestic institutions in their own way subject only to the constitution of the United States," and then to say that they shall not be permitted to proceed and frame the constitution iu their own way, without express authority from Congress,^ appears to be almost a contradiction of terms. It would be much more plausible to contcnd that Congress had no power to pass such an enabling act, than to arguo that the people of a^Tcrritory might be kept out of the Union for an indefinite period, and until it might please Congress to riod, permit them to exercise the right ot selfgovernment. This would be to adopt, not their own way but tho way which Congress might prescribe. It is impossible that any people could have proceeded with more regularity in the formation of a constitution than tho people of Kansas have done.

It was necessary, first, to ascertain whether it was the desire of the people to be relieved from Territorial dependence, and establish a State government. For this purpose tho Territorial Legislature, in 1855, passed a law for taking the sense of the Territory upon the expediency of calling a couveutiou to form a State constitution. At the general election to be held in October, 1856, the 'sense of the people' was accordingly taken, and they decided in favor of a constitution

It is true that at this election the enemies of tho Territorial government did not vote, because they were then engaged at Topeka, without the slightest pretext of lawful authority, in framing a constitution of their own for subverting the Territorial government. In pursuance of this decision of the people in favor of the convention, the Territorial Legislature, on the 27th of February, 1857, passed an act for the election of delegates on the third Monpay of June, 1857, to frame a State constitution. This law is as fair in its provisions as any that ever passed a legislative body for a similar purpose. The right of suffrage at this election is clearly and justly defined. Every bona fide citizen of the United States, above the age of twenty one, and who had resided therein for three months previous. to that date was entitled to a vote. In order to avoid all' interfer

ence from neighboring States and Territories with the freedom and fairness of the election, a provision was made for the registry of qualified voters, and pursuant thereof nine thousand two hundred and fifty-one voters were registered. Governor Walker did his whole duty in urging all qualified citizens of Kansas to vote at this election. In his inaugural address on the 27th day of May, he informed them that— "Under our practice, the preliminary act of framing a state constitution is uniform^* performed through the instrumentality of a convention of delegates chosen by the people themselves. That convention is now about to be elected by you under the call of the Territorial Legislature, created and still recognized by the authority of Congress, and clothed by it, in the comprehensive language of the organic law, with full power to make such an enactment. Tho Territorial Legislature, then, in assembling this convention, were fully sustained by the act of Congress, and the authority of the convention is distinctly recognized in my instructions from the President of the United States."

The Governor also clearly and distinctly informs them what would be the consequents if they did not participate in the election. The people of Kansas, then, he says, "are invited by the highest authority known to the constitution to participate freely and fairly in the election of delegates to frame a constitution and State government." The law has performed its entire appropriate function when it extends to the people the right of suffrage, but it cannot compel the performance of that duty. Throughout the whole Union, however, and wherever a free government prevails, those who abstain from the cxcreise of the right of suffrage authorize those who do vote to act for thciu in that contingency and absentees are as much bound under the constitution, where there is no fraud or violence, by the act of the majority of those who do vote, as if all had participated iu the election. Otherwise, as voting must be voluntary, self-government would be impracticable, and monarchy of despotism would remain as the only alternative.

It may also be observed that at this period any hopes, if such had existed, that the Topeka constitution would ever be recognized by Congress must have been abandoned. Congress had adjourned on the 3d March previous, having recognized the legal existence of the Territorial Legislature iu a variety of forms, which I need not enumerate. Indeed, tho delegate elected to the House of Representatives under a Territorial law had been admitted to a seat, and had just, completed his term of service the day previous to my inauguration.

This was the propitious moment for settling all the difficulties of Kansas—this the time for abandoning the revolutionary Topeka organization, and for the enemies of the existing government to conform to the laws and unite with its friends' in framing a State Constitution. But this they refused to do, and tho consequences of their refusal to submit to the lawful authority and vote at the election for delegates may vet prove to be of the most deplorable character. Would that the respect for the laws of the land which so eminently distinguished the men of the past generation could be revived. It is a disregard and violation of law which has for years kept tho Territory of Kansas in a stale of almost open rebellion against its government it is the same spirit which has produced actual rebellion in Utah. Our only safety consists in obedience and conformity to the lav.*. Should a general spirit against its enforcement prevail, this will prove fatal to us as a nation. We acknowledge no master but law, and should we cut loose from its restraints, and every one do what seemeth good in his own eyes, our case would indeed be hopeless. The enemies of Territorial government determined still to resist the authority of Congress. They refused to vote for the delegates to the Convention, not because from circumstances which I need not detail, there was an omission to register the comparatively few voters who were inhabitants of certain counties in Kansas in the early .spring of 1S57, but becauso they had determined at all hazards to adhere to their revolutionary organization and defeat the establishment of any other constitution than that which they had framed at Topeka. The election was, therefore, suffered to pass by default but of this result the qualified electors who refused to vote can never justly complain. From this review, it is manifest that the Lccompton Convention, according to every principle of constitutional law, was legally constituted and vested with 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 but in what manner is popular sovereignty to be exercised in this country, if not through the instrumentality of established law In certain small republics of ancient times people did assemble in primary meetiugs, passed laws and directed public affairs— in our country this is manifestly impossible. Popular sovereignty can be exercised here only through the ballot and if people will refuse the exercise of it in this manner, as they have done in Kansas at the election of delegates, it is not for them to complain that their rights have been violated. The Kansas Convention, thus lawfully constituted, proceeded to frame a constitution, and having completed the work, finally adjourned on the 7th of November last. They did not think proper to submit the whole of this constitution to the popular vote, but did submit the question whether Kansas should be a free or slave State to the people. This was the question which had convulsed the Union and shaken it to its very centre. This was the question which had lighted the flames of civil war in Kansas, and produced dangerous sectional parties throughout the confederacy.

It was of a character so paramount in respect to the condition of Kansas as to rivet the anxious attention of the people of the whole country upon it alone. No person thought of any other question. For my own part, when I instructed Gov. Walker in general terms in favor of submitting the constitution to the people, I

had no object in view except the all absorbing question of slavery. In what manner the people of Kansas might regulate their other concerns was not the subject which attracted my attention. In fact, the general provisions of recent State constitutions, after an experience of eighty years, arc so similar and excellent that it would be difficult to go far wrong at the present day in framing a nc-w constitution. I then

would have been in opposi

tion to the principle which pervades our institutions aud which is every day carried into practice—-that the people have aright

If frauds have been committed at this election by one or both parties, the Legislature and people of Kansas, under their constitution, know how to redress themselves and punish these detestable but too common crimcs without outside interference. The people of Kansas have then, "in their own way, and in strict accordance with the organic act, framed a constitution

pie perfectly free to form

subject only

Stales. In this manner, by

CRAWFORDSVILLE, MONTGOMERY COUNTY, INDIANA, FEBRUARY 13, 1858. WHOLE NUMBER 810..

and State government, have submitted the I other with more than their former bitterall important question of slavery to the ncss, this will arise from a cause, so far as people, and have clccted a'Jovernor, a tho interests of Kansas are concerned, member of Congress, members of the Stale I more trifling and insignificant than bus ever Legislature and other State ofiiccrs," and stirred the elements of a great people into they now ask admission into the Union under this constitution, 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 iu favor of its admission and thus terminating the Kansas question. This will carry out the

the

intervention of C.mcrcss with slavery in least importance,

ters upon their own power which they cannot afterwards remove. If they could do this they might tie their own hands just as well for a hundred as for ten years. These arc the fundamental principles of American freedom, and are recognized in some form by every State constitution, and if Congress in the act of admission should think proper to recognizc them, I can perceive no objection. This has beea^done

believed, and still believe, that under the emphatically in the constitution of Kansas, organic act the Kansas Convention were

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.

lit

bound to submit this all important question political power is inherent in the people," of slavery to the people. I and all free governments are founded on It was never my opinion, however, that {their authority and instituted for their benindependently of this act they would have cfit, and therefore have at all times an inbeen bound to submit any portion of the {alienable and indefeasablc right to alter, constitution to a popular vote in order to reform and abolish their form of govern-

and regulate their whole country from

the constitution

of the

localizing

the question and confinin

declares in its bill of rights that "all

mcnt, in such manner as they may think proper. The great State of New York is at this moment governed under a constitution framed and established iu direct opposition to the mode proscribed by a previous constitution. If, therefore, a provision changing the constitution of Kansas after the year

to delegate to the representatives chosen 11854 could by possibility be construed inby themselves their sovereign power to to a prohibition to make such change pre frame a constitution, enact laws, and perform many other important acts, without requiring that these should be subject to their subsequent approbation. It would be a most inconvenient limitation of their own power, imposed by the people upon themselves, to exclude them from exercising their sovereignty in any lawful manner which they might think proper. It is

vious to that period of prohibition, it would be wholly unavailing. The Legislature already elected may at its first session, submit the question to a vote of the people whether they will or not have a Convention to amend their Constitution, and adopt all ncccssary means for giving cffect to the popular will.

true that the people of Kansas might, if highest judicial tribunal that slavery cxthey had pleased, have required the Convention to submit the constitution to a popular vote, but this the)7 have not done.

The only remedy, therefore in this ease, is that which exists in all other similar cases. If the delegates who framed the Kansas constitution have in any manner violated the will of their constituents, the people always possess the power to change their constitution or Jaws according to their own pleasure. The question of slavery was

It has been solemnly adjudged by the

ists 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. Without this the equality of the sovereign States comprising the Union would be violated, and the use and enjoyment of a Territory acquired bv the common treasure of all the States would be closed against the people and property of nearly one-half the members of the confederacy. Slavery can

submitted to the election of the people on therefore never be prohibited in Kans is, the 21st of December last, in obedience to except through the means of a constitutionthe mandate of the constitution. Here al provision and in no other manner can again fair opportunity was presented to I this be obtained so promptly, if tho majorthe adherents of the Topeka constitution, if they were the majority, to decide this exciting question "in their own way," and thus restore the peace of the distracted Territory but they again refused to exercise (lie right of popular sovercigntj7, and again suffered the election to pass by default. I heartily rejoice that a wiser and better spirit prevailed among a large majority of those people on the first Monday

ity of the people desire it, as by admitting her into the Union under her present constitution. On tho other hand, should Congress reject the Constitution under the idea of affording the disaffected in Kansas a third opportunity to prohibit slavery in the State, which they might have done twice before, if in the majority, no man can foretell the consequence. If Congress, for the sake of those men who refused to vote

in January, and that they did on that day for delegates to the convention, when they vote under the Lccompton constitution, for a Governor and other State officers, a member of Congress and members of the Legislature. This election was warmly contested by the parties, and a larger vote polled than at. any previous election in the Territory. We may now reasonably hope the revolutionary Topeka organization will be speedily and formally abandoned, and this will go far towards a final settlement of the unhappy differences in Kansas

might have excluded slavery from the con stitution, and who afterwards refused to vote on the 21st of December, when they might, as they claim, have stricken slavery from the constitution, should not reject the State becausj Shivery remains in the Constitution, it is manifest that the agitation upon this subject will lie renewed in a more alarming form than it has ever before assumed. Every patriot in the country had indulged the hope that the KansasNebraska act would have put a final cud to the agitation, at least iu Congress, which had for more than twenty years convulsed the country and endangered the Union.— This act involved great and fundamental principles, and if fairly carried into effect will settle the question. Should agitation be again revived—should ths people of sister States be again estranged from each

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 their present- constitution if it does not accord with the will of the majority, or frame a second constitution be submitted to Congrcs3 hcrcaftc if this WCl-" min'sMmi r»f

rcat principle of non-intervention, sane-! en if this were a question or mcic e-pc- these disfranchised counties vote in an\

non- of time one

way

when

contrasted with the

he States aud Territories, leaving the pco-1 evils winch must necessarily result to the delegates chosen were not admitted to

the

°1sion

the people who are immediately concerned a

propc

Legislature, oil

tion, held under the act of the Territorial shivery is recognized jmder

which could possibly destroy its existence I ed the relations of the people of the I nilor change its character.^ ed State with each other and alaim^d t.tc The election, which was pcaccably con-ifears

revival

domestic institutions iu their own wav, cry agitation. In considering this ques- it is not to be denied that the great central

proportion to its significance, let the deci- ,hc utter want

Patriots

ductcd under my instructions, involved!1011strange inconsistencies. A large majority Kansas once admitted,

now impending over the Union, I conscientiously believe will be dissipated, with honor to every portion of it, by the admission of Kansas during the present session of Congress whereas, if she should be rejected, I greatly fear these clouds will become darker and more ominous than ever yet threatened the Constitution and the Union, JAMES BUCHANAN.

Letter of Ex-Secretary Stanton,

TO THE

PEOPLE OF THE UNITE!) STATES. Having been recently removed from the office of Secretary of Kansas Territory, under circumstances which imply severe censure on the part of the President, and having had no official information of my removal, nor any opportunity for explanation or defence, I have deemed it ncccssary to present to the people of the United States a brief statement of facts in vindication of my motives, and in explanation of the results of the act for which I have been condemned.

The office in question was not given at my solicitation. My acceptance of it, under all the circumstances, was a proof of strong friendship for the President, aud of unbounded confidence in the firmness and faithfulness with which he would adhere to the line of policy deliberately agreed upon between him, his whole Cabinet and Gov. Walker.

On my arrival iu the Territory in April last, in advance of Gov. Walker, I confess that I had an imperfect knowledge of the real condition of affairs. I supposed the question of slavery to be fhe only cause ot dissension and difficulty among the people: and, in my brief inaugural address of the 17th April, I treated this as the chicf subject of difference upon which a submission to the people would be likely to be demanded. I soon found, however, that this view was altogether too limited, and did not reach the true ground of controversy. The great mass of the inhabitants of the Territory were dissatisfied with the local government, and earnestly denied the validity of the existing laws. Asserting that the previous Legislature had been forced upon them by the fraud and violence of a neighboring people, they proclaimed their determination never to submit to the enactments of logislative\odies thus believed to be illigitimate and not entitled to obedience.

This was the condition of things when Governor Walker came to the Territory in the latter part of May. It was evident that the just policy of permitting the people to regulate their own affairs could not be successfully carried out, unless they could be inspired with confidence in the agents of Government

through

whom this

result was to be ejected. If a more minority of the people had been thus dissatisfied and contumacious, they might possibly have been pronounced factious and treated as disturbers of the peace but when the dissatisfaction was general, comprising almost the whole people, a more respectful consideration was indispensable to a peaceable adjustment. It was evident that the policy of repression—a rigid attempt to enforce submission without an effort at conciliation—would inevitably result in a renewal of the civil war. With commendable anxiety to avoid this contingency, Gov. Walker resolved to go among the people, to listen to their complaints, to give them assurance of a fair and just administration of the Territorial Government

...

and to induce them, it possible, toaban-i. don their hostility, and to enter upon the j'0" pcaecful but decisive struggle of the bal-lot-box. I was often with the Governor when he addressed the people, and gave 1113" best efforts in aid of the great purpose of conciliation.

It was too late to induce the people to go into the June election for delegates to

,. -r I, i- .• ,• ./The people were intensely cxcitcd and it

i, -1 I i- i. 11 r«v. i-i ,• was the opinion ot the coolest men in tho tioned by the orsanic act, winch declares, dicncy, and not of right, a smad diiteience adjacent county, as has been fal.-cl} sug-. {. in express language, in favor of

or the other is not ot the jested. In such of them as subsequent!v

Took

the s!nv-1 .scats in the Convention. Nevertheless,:

Unit-1 tion it should never be forgotten that, in fact, which controlled the whole case, was I'^'T

be what it may. so far as it few thousand nbitaiits of Ivansa that the rial Government.

the first Monday of Janua-j tion of the United State .. _.n ... _( .. rv,"~on the Lccompton constitution. This speedy admission of Kansas into the Union turns, which it would not be possible for l'00' "lIi(

election was held ai-ter the Territory had will restore peace and quiet to the whole the Governor and Secretary to defeat.— iosa v.a.-, actu.i esignc^ a been prepared for admission into the L'nion country. Already the affairs of the Tor-, Although at that time these apprehensions

a3 a sovereign State, and when no authori- ritory have engrossed an undue proportion seemed to me to be preposterous and un- )vor!:

the Territorial Legislature of public attention, and have sadly affect- i-.i I have lately been at Mm.ncc, ty existed

for the

safct*

of 1,10 1 11

of the persons who voted against the Le-j becomes localized, and would soon die The worst portion of the small minority coinpton constitution were a"t the same time

and place recognizing its valid existence every difficulty could be settled by the bal- riterial organization, loudly and^ bitterly in the most soliti amfautlicntic manner by lot-box. Besides, and no trifling considc- complained of Governor :«l.:cr po.i voting uuder its provisions. I have yet received no official information of the result of this election. As a question of expediency, after right has been maintained, it may be wise to reflect upon the benefits to Kansas and the whole country that will result from its immediate admission into the Union as well as the disasters that may follow its rejection. Domestic peace will be the happy consequence of the admission, and that fine Territor}-, hitherto torn by dissension, will rapidly iucrcase in population and wealth, and speedily realize the blessings and comfort which follow agriculture and mechanical industry. The people, then, will be sovereign, and can regulate their affairs in 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 irresistible when expressed in an orderly and lawful manner. It can unmake constitutions at plaasure. It would be absurd to say that they can impose fet-

importunity of Governor Walker, to main- frau

{ivo

eaceful

tion to Utah, in order to keep down the re- Opinions were bellion in Kansas, which has involved vcr heavy expense to the government. Kar sas once admitted, it is believed there no longer be occasion there for the troops I have thus performed my duty in this important question under a deep sense of my responsibility to God and to the country. My public life will terminate in a brief period, and I have no other object of earthly ambition than to leave my country in a

and prosperous condition, and to in the affections and rcspect of my countrymen. The dark and ominous clouds

,, .. .• 'ably to protect themselves against tho the Convention. he registration rcqun-.

a census or registry of their own,

the

founded, it was impossible to deny the car nestness and sincerity with which they were urged, or to dv.ubt that they were result of deep convictions, having their or- .! igin in some previous cxperiencc of that nature.

away for want of outside aliment and then in Kansas, who had posses-ion of the er-

obtain

and as a consequcncc to keep up agitation and to render civil war inevitable. But the intrepid resolution of Gov. Walker, in spite of fierce opposition and denunciation, far and near, carried him through this dangerous crisis, and he had the proud satisfaction of having achieved a peaceful triumph, by inducing the people to submit to the arbitraimcnt of the ballot-box.

Rut the minority were determined not to submit to defeat. The populous county of Douglas had been attached to the border county of Johnson, with a large and controlling representation iti the Legislature. The celebrated Oxford fraud was perpetrated with a view to obtain majorities iu both llousos of the Assembly.— Wheu these returns were received at my office, iu Gov. Walker's absence, I had fully determined not to give certificates based upon them. If they had been so formal and correct as to have made it my duty to certify them, I would have resigned my office in order to testify my sense of tho enormity of the wrong. Gov. Walker, at Leavenworth, had formed the santo resolution, as lie stated to me and to several others, and wo were both gratified that wo found the papers so imperfect as to mako it our duty to reject them. Great excitement followed in the Territory*. The minority, thus righteously defeated in the effort to prolong their power, became fierce in opposition and resorted to every means of intimidation. Rut I am led to beli&vo that they found their most effectual means of operation by undermining us with tho Administration at Washington.

The Constitutional Convention which had adjourned over until the Octobcr elcetion, met again in Lccompton to resume its labors. Many of the members of that body were bitterly hostile to the governor and secretary, on account of their rejection of the Oxford and McGcc frauds, in which some of the officers and members of the convention had a dircct participation. In fact, this body, with some honorable excaptions, well represented the minority party in the Territory, and were fully imbued with the same spirit and designs.— It was obviously not their desire to sccuro to the real people ol» Kansas the control of their own affairs. In the constitution soon afterwards adopted the}' endeavored to superscde the Legislature which had been clccted-by the people, by providing, in tho sccond section of the schedule, that "all laws now of force in the Territory shall continue to be of forcc until altered, amended or repealed.by a legislature under the provisions of this constitution."— They provided still more effectually, as they supposed, for the perpetuation of their minority government, by adopting tho Oxford fraud as the basis of their apportionment, giving a great preponderant of representation to the counties on tho Missouri horde.-, and affording, at the samo time, every possible facility for the introduction of spurious votes. The President of the Convention was clothed with unlimited power in conducting the elections and receiving the returns, while the officers aro not required to take the usual oath to secure fair and honest dealing. The elections were hurried on in midwinter—tho 21st of December and the 4th of January —when emigrants could ouly come from the immediate borders, under the qualification that invited to the ballot-box every while male inhabitant "in the Territory on that day." The same men who did this had previously denounced Gov. Walker for the suggestion in his inaugural address, and in his Topeka speech, that the constitution should be submitted to all the bona fide inhabitants, although lie invariably stated, when asked for explanation, that some reasonable length of residence ought to be required as evidence of the bona lido character of the inhabitancy.

It was apparent that all the machinery

had been artfully prepared for the rcpiti-

-ll'!irc

confidence bv the pco-1

the constiti'.-! shouIJ not be permitted to overpower Again, the them, th^y would be cheated by frlse re-! precincts ot Oxford, ahawncc

similar to those which

had been attempted in October and it waa in view of all these facts, after the adjournment of the Convention, that the people of the Territory, by an almost unanimous demand, called upon me, as the acting Governor, to convene an extra session of tho Legislature, in order to enable them pcacothcmsclves against tho

cn impctfeet all the

cd by law had been impc counties, and had been wh'.Hy omitted in Ev- one-half of them nor could the people of crpc-1 these disfranchised counties vote in anyi

.i) *i 'wrongs evidently contemplated by tho

adoption of this Constitution. There was no law to punish frauds in clcction returns.

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uu 10u a CJ

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cou

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l3lu.n'lIK lcmecingo 10

-eg

c01 IC

en ion

10111

'ie

lcm°3

wllI! thc'

... M' -,.: excitement ot debate and investigation for

in the whole machinery of the Territo-

^ere broodm-. substituted tho

that of fierce and warlike hatred, and cnbled their representatives to devise means which they

that their

founded. Enor

mous frauds have been perpetrated at tho nd Kicka-,-ell be believed that this

,c"!":1l'.un

Shawnee, and I havo

seen and conversed with persons who wero at Oxford on the day of election. Tho frauds committed arc notorious and though dishonest persons may deny them, and iay fill the channels of public information with shameless representations to the conthey can be easily established bcvond controversy.

Vlilll ai

'all

It was to enable the people to shield themselves from these frauds and to givo

In mj* judgment the people had a fair

front hi-'h legal.! had the power of removal,

and such con

But would

Governor and refuse to the people au opportunity to assert their most essential rights, and to protect themselves against the basest frauds and wrongs ever attempted upon an outraged community.

Xot having

been,

informed ot the grounds

of my removal, I know them only through the uewspapcr reports, to tho offect that, in calling the Legislature, I difobeyod th«