New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-09
THE STATE OF KANSAS.
A HISTORY OF HER WRONGS.
MEMORIAL TO CONGRESS ASKING AD-
MISSION AS A STATE.


By the Hon DANIEL MACE in connection with the
State Constitution already published in The
TRIBUNE. Both were referred by the House to
the Committee on Territories and ordered to he
printed.
MEMORIAL.
To he HororabN tie Senate ard Bor< Of Representatives.
of he United Stafes, IN Coz1ress asserbe4;
This memorial Of the undersigned Senators and Rep
resentatves in the General Assembly Of the State Of
Kansas. now in session, respectfully shOweth:
That, upon the organization of Kansas as Terri
tory persons from all parts of the United States, wish
ing to make for themselves homes and to aid in mold
ing the institutions of State, having confidence
in the Justice and fidelity OF the General Government,
and believing that the rights guaranteed BY the Con-
stituton an4 the Organizing Act would be secured TO
them. subjected themselves to the berdshiPs OF IL
oneer life and assumed the responsibility OF estaOs
ing the institutions of enlightened people IN
Hitherto rude and uncultivated land. They came ss
law-abidDg citizens, asking for nothing but Whist be-
longed to American citizens; and, as men proud OF
their attachment to the Constitution, were willing TO
accent the Government extended 70 them until the
nopulation should Justify the formation Of State
in which formation they were willing to be governed
by the will of the majority.
On the Goth day of Now, l554-the day which had
been selected on which to elect Delegate to represent
States-,eveial hundred persons from the adjacent
State Of Lii sour came into the Territory and voted
for such Delegate. The man who was elected by their
illegal votes not the choice OF the resident clilzen'
of the Territory and could not represent their viii.
They, however not believing that such open and de-
FAINT aegre sion would be sanctioned bya Government
TO which they should look for protection, quietly sub
mtted-trustirg TO that Government for redress.
On the 3Otb dav of March, 1855, when the election
Of member of the first Territorial Legislature to
be held thousands Of armed men from Missouri in
vaded the Territory and voted. Every district was
controlled by their votes except the Pawnee Repre-
sentative District. which was entitled to bat one
Reprcseutative. In the First District about nine
hundred armed men, having come from Missouri on The
day previous with two pieces of artillery, and organized
as for war; on the morning ofthe election surrounded
the pools and held possession OF the oaLot-bo1es un
late in the afternoon, when, after completing their
voting. they returned to Missouri. Some of them,
whe asked by the Judges of Election if they resided
in the Territory replied that they resided IN the state
Of Missouri that they had come TO vote and that they
woud vote or die IN the attempt In this District the
Jpdges of Election erased the word illegal" in their
returns and ade them out so informal that they did
not certify that any legal votes had been poed Be
cause of this nfornaty in the returns and the protest
Of the inhabitants III said District, the erection was set
aside by the Governor, vacancy dteIareu auA Ae"
election ordered.
In the lid and lid Districts the Judges Of Election
were driven from the polls and fed to escape DEATH
The ballot boxes destroyed the legal voters were
ence prevailed throughout. Similar attacks upon the
people and the balot-boxes were everywhere made
This invasion was led by some of the most distin
guished men in Missouri, among whom was the late
President of the United States Senate.
This election, upon which rested the liberty and only
nrote ction of the people was fraud and iorcible
OF them.
On the 22d day of May following, pursuant to
proclamation of the Governor, new elections were held
in six Districts and several hundred persons came from
IL f,uri md fed
other precincts where they were not, there was no
interference and the legal voters, for the INST tne
were allowed the free exercise Of their rights.
On the cd dsy of July following, the frst Territorial
legislature of ansas assembled in Pawnee, pursuan
to the proclamation of the Govenor when the seats o
the Members elected at the second election, except
those in the twelfth precinct, were contested O the
tbrd dav of the session every Member whose seat was
contested although he had a certificate OF election
nom the Governor, was ousted. AL were elected
without an investigation OF their GAINS winch was
rs ked ~ a right, but was denied 10 thein' $50
These members were expelled on the ground that
the Governor had no right to declare vacancy and
order a new election; but your Inemonallss represent
that such right is given to him Ia the ACT organizing
The Ioci.lature. Therefore by such violation of the
principles Of the Act, eight legally elected members
were rejected, and their places supplied by men VINO
had no certificates of election from the Governor nor
proper credentials from any source.
On the third day of the session, the Legislature
located the temporary seat of government at the
Shawnee Mission and this power was not gwen 10
the Legislature by the Organic Act t beng gwen 70
the Governor aonel your meinOTia.ts poIo' r.. "..
acts enacted AT said Mission TO be invalid They
fnrtber believe that the Legislature never had any
LEGAL existence; for nothing be legal which Is uu
constitutional, and Legislature OF Territory OK
State in this Union be constitutional uneS. IL DC
created in conformity with republican form OF gov
o,rnSent. hence. a Legislature imposed upon the
peope by fraud, by force, by residents OF another
state adversely the will OF the people, can nave 10
LEGAL existence, and act OF the Governor can ieS
ize n Legislature thus created, especially when sam
Coyernor l. not elected by the people, but appointed
bv other authority. In the opinion OF your memorial
i,t the issuing of certificates by the Governor TO thoe
not legally elected, cannot legaize the election
Hence, even admitting the night Of congress u *
tend a territorial government over Territories the
LEGISLATURE elected on the 3Oth OF March 1882 having
been elected in violation of the Organic Act ana IN
the manner before described, have NO legal exist
ence, and their enactments are nuAlty.
Notwithstanding the injustice done TO the people oil
Kansas; Notwithstanding three invasOns of the Terri
tory for the purpose of controlling the elections, the
ncople submitted preferring to respect laws enacted
ty BODY imposed upon them by fraud ana violence
toliying longer without government. WishngtO pre-
serve the peace and quiet and to promote the prosper
~ ~ the country they took no for throwing
Of the burden thus forced upon them But when iir-
Their DEVELOPMENTS of this system of tyranny were made
when the laws enacted by the Legislature proved
coucusively to your memorialists determination 70
enslayc the people, they, oonSciou1 VI lueH 81 ,l.
Freemen with the Constitution for Their guide resoiv-
ed to IAN back upon their inaenabe nights, and throw
around themsevts tina; protection which is afforded BY
q State Government. -
Your nemorialis,s respectfully present for your con-
sheraton some selections from the Acts OF the Ten
tnral LEGISLATURE which the people of Kansas while
conscious OF their rights American citizens could A't
submit 10. ..
Tie eleventh section Of an act entitled An ACT TO
regulate Elections says:
vev free bite male citizen United States snt
svefv fee usle Indian, who Is made eizen y feA,
or ofbefye AID over the Of years, wnO
- Al aLa- his Territory Ala Of the Couty or
r which Re offers and shall have paid Territorial
bal h. qualified Elector al elective 0teef and Al 1
ans who ere Inhabitants Of this Territory and who nay nas
doptsd he customs Of the white and who are ia0e 10 pay
ta2es shall be deemed citizens