Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1856-03-27

INC nAGaIF ~ 4 anu aht va eHA-f $500
conquer, or ininglc the bodies Of the oppressors
with those OF the oppressed upon the soil which
the Declaration of Independence 40 longer pro
tects. But he wa 10. at all apprehensiye thai
such a crisis would ever arrive. lie 0eEeVed
that Justice might be found far short OF so
dreadful an extremity; and, even should an ap..
peal to arms come. 1t was his oPinIon' that II
we are well prepared, that moment the victory
is won.
THE TOPEKA CONVENTION.
In pursuance Of the recommendation OF
the mass meeting held at Lawrence on the
Nth of August, and endorsed by the conven-
ton held at the Big Springs on the 9TH and
9th Of September, a convention WAS held at
Topeka on the 18th and Goth of September,
at which it was determined to hold another
convention at the same place on the i0urth
Tuesday of October. for the purpose of form
ing q constitution and State government and
to this end such proceedings were had as
were deemed necessary for giving the notices
conducting the election Of delegates, making
the returns, and assembling the convention
With regard to the regularity Of these pro-
ceedings, your committee see no necessity for
further criticism other than is to be found IN
the fact that it was the movement Of a politi-
cal party instead Of the whole body of the
people Of Kansas, conducted without the
sanction Of law, and in defiance Of the constl-
tuted authorities, for the avOwed purpose of
overthrowing the Territorial government
established by Congress.
The constitutional convention met Mt To-
peka on the fourth Tuesday Of October, and
organized by electing Col. j. II. Lane Presi-
dent, who, in returning his Acknowledgements
for the honor, repudiated the validity Of the
Territorial Legislature and its acts in these
words
"Genllemen Of the Convention For the pc
sition assigned me, accept my thanks-feN
have met. gentlemen, ON no ordiuary-fccHsten
to accomplish no ordinary purpose. You Fre
the first legal representatives the real settlers
of Kansas have ever had. You comprise the
first legally elected representative body ever as
sembled in the Territory" DC.
"F'Tiday, October 26.-Mr. Smith offered the
following resolution, iustrueting the standing
committees
"ReSolped, That the various committees Of
this convention be. and they are hereby. in
structed to frame their work, having in view an
immediate organization Of a State govern
ment."
"Oet0Bsy 30.-In the evening session the de
bates ran high upon MIR. Smiths resolution in
reference to an immediate State organization.
L ne mover oil the fesOIutlOu MIS- III ldfoT Oh
eleeting State officers at once. He would ad
wise no hesitation he would present a bold
ft MT, and waver not at ali. The Territory was
without laws life aud property were unpro-
tected. The Territorial government hsd broken
down. He would not leave 1t an hour for the
action of Congress after an application for adj
mission, but would set up an independent form
OF government" dc.
Mr.. Emery said "Now, Mr. Chairman, what
does this resolution contemplate What is
proposed to be done Z 1t first proposes 10 SUI
persede the present weak and inefficient Terri.
torial government, and hence it enunciates the
fundamental idea of the constitutional move
ment. Az, it does more. 1t proposes to prove
into d fact the leading idea of the Declaration Of
Independence, the highest human authority in
American politics, which is this whenever any
form of government becomes destructive of the
ends for which it was instituted. it is the right
of the people to alter or abolish 1t. and to insti
tute a new government. 1t proposes to force
theories Of human rights into facts, to practi
cally apply this great principle to the wants
and the necessities of the down-trOdden people
Of Kansas. ] do not question this right Of the
people. and certainly no gentleman on this floor
will disagree with me. If he does, he occupies
a most extraordinary position, and consistency
would suggest that he withdraw from this body.
No, when We say that we will take measures to
SupeTScue anu IenueI Unnecessarily iLdL fntAy
now extended over us called a Territorial gov.
e~rnment-when We say and maintain that We
have a right, guaranteed by the constitution, TO
have a form Of government resting Ou our own
consent and free will, we are doing what, as
American citizrns. we have a right to do We
only propose TO carry out the doctrine, much
abused and grossly misrepresented a. il has
been-I mean the doctrine of squatter s0yer
eighty, under which We are assembled here to-
L. - - e H.. .,s- - II --f..L
we hope TO ~extricate ourselves from our present
unhappy condition"
IL is but just to state, that, in another part
of this same speech. Mr.. Emery declared
himself opposed TO all immediate election
'unGer the new constitution, and an imme-
date session of the General Assembly, when
all the wheels Of State government shall be
put in motion, irrespective of the action of
Congress upon due application for admission.
Mr.. f. presented his objections to the posi-
ton Of Mr.. Smith, and maintained the views
above indicated. He cOntended that, mas
much as the Territorial form of government
was recognised by the Supreme Court of the
United States, and hence a legal form Of
government, no other government could he
substituted so long As that was in existence.
without risking the most serious consequent
ces, to say the least"
In reply to the advocates of immediate
State organization, Mr.. Delahay, of Leayen-
worth, said
Under the defined rights of squatter sOyer-
eighty. a. enunciated 10y the Kansas Nebraska
act, it seems reasonable that the people have
the right to take upon themselves the burdens
of n government; but | question the right Of
the people of Kansas to organize a new govern
ment created by Congress. The gentleman from
Lawrence Colonel Lane has assumed as a fun
damental position. in advocating an Immediate
State organization, that neither government nor
local law exists in this Territory. Sir. | must
dissent from that position. l deny, Mr.. Chair
man, thar n Territorial government can be legal.
ly abolished by the election OF another govern
ment. 1 hold, on the contrary, that / think
that my position would ne supported by our
highest legal authorities, that the power of Il
Territorial government ceases only by the
enactment Of the body which created it in
other words, that the government and laws of
Kansas can be abolished by Congress alone, and
arc beyond the reach Of this Territory, or any
other power. j 10 not pretend to deny that. as
all civil power is derived from the people, they
have The moral right TO abolish unjust laws, or
10 overthrow obnoxious governments by force :;
but | do question the expediency of ~eliecting a
reform III Kansas by any overt act Of rebellion
For I must confess, Mr.. Chairman, while l cast
not the shadow of suspicion ON the motives of
the advocates of this measure, that from the
point of view from which | regard this question,
it appears to me to be an act Of rebellion"
Your committee have made these volu-
minous extracts from the best authenticated
reports which they have been able to obtain
of the proceedings of the convention, for the
purpose of showing that it was distinctly I'M
derstood on all sides that the adoption Of the
proposition for organizing the State govern
ment before the assent Of Congress for the
admission Of the State should be obtained.
was a decision in favor of repudiating the
laws and overthrowing the Territorial gov
eminent, in defiance of the authority of Con-
gross. By this decision, as Incorporated into
the schedule to the constitution, the vote on
the ratification of the constitution was to be
held on the 10Th Of December, 1855, and
the election for all State officers on the third
Tuesday Of January, 1856. The third sec.
ton Of the schedule is as follows
"The general assembly shall meet On the 4th
day of March, A. D.. 1856. at the city of To.
neta at - NJ At which time and ,Jo,a -