The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-15


The administration at Washington, the Blu
chsnsn democracy, the spurious civil authorities
of Kansas, the United States army, and Mr..
Pierce's border rufdans, have now openly and
avowe1ly entered upon war of determination
agains; the free State settlers of Kansas, upon
the terrible charge that they ere traitors and in
state Of armed insarrection against the laws
and the regularly constituted authorities of the
Territory. Follow us, reader, through brief
and dispassonate examination of this matter, and
yoK will soon see who are The traitors and where
tbs crime OF treason belongs.
The federal constitution is the supreme law
al laws, Congressional, State or Territorial
giolatiye Of this constitution, are null and void
This supreme law, therefore, over all the States
and Territories-over New York and over Kan
sas-establishes the freedom of speech the free
dom Of opinion. the freedom of the press the
light Of the people pceceably to assemble and to
petition the government for the redress Of their
grievances" and il erdains, too, that the right
Of the people TO keep and bear arms shall not
be infrnged,'' and that the right Of the people
10 be secure in their persons, houses, papers and
effects, against unreasonable searches and seiz-
ures shall not be violated &c. And it
further provides, that no person shall
. DO deprived of life, liberty or property, with
out due process Of law; nor shall private
property be taken for public use without just
compensation = and it also declares that :" ex-
cessiye bail shall not be required nor excessive
fines imposed, nor cruel and unusual punish
ments inflicted" sc. This is the supreme law Of
all the States and Terrtories-the federal con-
stitution. And here we stick pin, and proceed
to another branch Of our subject.
The Kansas-NebYaska law-the organic Terri
torial law of Kansas-was framed in pursuance
of this constitution; and the saving feature Of the
act. which Col. Benton calls % the stump speech
in the belly Of the bill distinctly declares that
lit is not the intention of this act to legslate
slavery into the Territory, to exclude it there
from, but to leave it to the people thereof to be
settled in their own'way, subject only to the con
stiution of the United States This is the organic
| Territorial law of Kansas. The settlers Of the
Territory are left perfectly free to settle their
| domestic institutions in their own way, subject
| only to The constitution Of the United States"
Here then, are the landmarks of the constitution
ana Of the popular sovereignty Of the act Of Con-
gress known as the Kansas-Nebraska bill. Now
for the traitors; and we shall find them without
tae aid Of q telescope.
On the day of his Inauguration, tho President
Of the United States took solemn oath Of fidelity
to the consti.ution-the whole of it, tc all the
specifications we have given, and all that we
have not given including The special injunction
that "he shall see the laws faithfully executed"
Upon this last injunction hangs our main ques-
ton OF the Kansas treason agd the Kansas trail
tors and we shall see presently WHO, what, and
where they are. We are close upon their trail.
With an eye to the constitutional rights of the
people. of Kansas, the organic Territorial law PRO
vides that none but iona fde settlers in the Teri
tory ahall have the right to vote, and this safe
guard is hedged and fenced about with the necer-
sa5y means for enforcing this jus restriction Of
the elective franchise Marx, too, the President
had sworn 10 maintain the consultation and to
see this law " faithfully executed" But let us
inquire now what he h:.s done ; because, as the
supreme executive guardian over the Territories,
be is responsible for all those civil and military
proceedings in Kansas, under cover o. the law,
which are among the must atrocious, fcroclous
and Infamous violations Of law.
In the first place, Presiden. Pierce has adopted
the Missouri-KansasL Legislature and ofcial as the
legitimate government OF the Territory. But
Governor Reeder had Informed lin otherwise, aud
bad disclosed to him fully and specifically all
the outrageously Illegal means asd instruments
through which the said Missouri authorities were
placed over the people OF Kansas. Subsequently.
a special Congressional committee. detailed to
Kansas for the purpose, entered int q careful |
ana methodical inquiry and from the Eworn tes- |
timoay OF hundreds Of credible witnesses the fol-
lowing facts were established
BY the census Of November, 1854 and that Of
January and February, 1855, II was ascertained |
that the number of legal voters in the Territory
was ,905. At the election Of delegate to Con- |
gross. the legal votes cast only amounted to |
about $50 while the Illegal votes were LOO and
upwards. Little interest seems TO have been |
taken by the residents at this time in the slavery
question. They were thinking of their personal |
interests, and engaged in the engrossing occupa-
tons necessarily attending first settlement
AT the next election, while another census pre-
serted no larger number Of legal voters than |
the previous one, the votes OF the pro-slayery |
party had risen to 5,427, and the free State vote
to only 59l. The illegalvoie was, therefore 1913
&c the whole number Of legitimate votes, 2,905.
had been taken at this election. The report ofthe
committee estimated the Illegal vote TO be 1905.
In addition to the frauds thus committed in |
voting. was witnessed premeditated invasion |
Of the Territory by armed borderers, who came |
some OF them hundreds OF miles armed, as
already stated, and in companies. under the com.
mand Of officers, with baggage trains and all the
appointments Of an army, for the avowed pur
pose of carrying the election at all hazard
There being eighteen districts or places where |
IL rrlia u.nrn hold rnanrrns ~ the inradnrs