Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1856-07-24

| Legislature, that denies the right of private
judgment, that has stripped the people of al
voice in the selection of their own rulers, that
strikes down freedom of speech and of the
press under the penalties of not less than two
years imprisonment at hard labor, and that
tramples upon every right dear to freeman,
has been imposed upon the people of Kansas
by fraud and violence-their houses have been
burned, and their property DESTROYED under
the sanction of this Administration and its an
pointees There being no peaceable mode for
the people of the Territory to change these
"cruel and oppressive laws form more than two
years, they resorted to the only peaceable mode
OF redress under the circumstances. And that
was to form State government, and ask ad-
mission into the Union.
10 relieve themselves of these grievances
the citizens of Kansas proceeded peaceabIy,
as they had right to do, under the Constitu-
ton OF their country, to form a State govern
ment and ask of Congress to admit them into
the Union as a State. Their memorial is be-
fore you, and is to be answered by your action
on this BILL All the proceedings preliminary
to the formation of this constitution have been
as regular and orderly as the disturbed condi-
ton OF the Territory would allow and instead
OF being confined to any class or party, it was
OF general character, and extended an invita-
ton to all citizens to participate The first
public meeting for that purpose was held at
Lawrence, September 18th, 1855 at which
time the following resolution was passed -
Resoced, That the people of Kansas Territory in
mass meeting assembled irrespective of party distinctions
nnuenceo hy common necessity aud greatly desrous of
promoting the common good do hereby cali upon and re-
quest all bona de citizens of Kansas Territory of what
ever political views predictions to consult together
in their respective election districts and in mass
tion otherwise elect three delegates each represen
tatve to which said election district is entitled in the
House OF Representatives of the Legislative Assembly by
proclamation OF Governor Recder of date 18th of March
1855 said delegates assemble in convention at the
town of Topeka, the 18th day of September 1855 then
and there to consider and determine upon all subjects of
pubic interest ana particularly upon that having refer
ence TO the speedy formation of State constitution with
an intention of an immediate application to be admitted
as State into the Union of the United States of America
In accordance with this recommendation.
delegates were elected in the different election
districts, who met at Topeka, on the 10th of
September, A. ID. 1855, to take into consider
alton the eXpediency Of calling a convention
to form State constitution. The address is
sued by this convention was to the lfgal r0ters
of Kansas, and closed in these words -
"And whereas the debasing character of the slavery
which involves impes to action and leaves us as
the only legal and peaceful alternative the immediate es-
of State goVernment nd whereas the or
ganic act fails in pointing out the be adopted in
emergency like Therefore you are requested to
meet at your several precincts in said Territory herena
ter mentioned the second Tuesday of October next
being the 9th day of said month and then and there east
your ballots for members of convention to meet at To-
peka on the 4th Tuesday in October next to form
sttuton adopt bl o rights for the people of Kansas
and take all needul for organizing State go
yernment preparatory to the admission Of Kansas INTO
The Union as StGfe.'
After this address, which fixed the time and
places of election, provided for the appoint
ment of judges, and the qualification of voters,
elections were held in every district in the Ter
rtory, and delegates elected to meet at Tope-
ka the 23d October, 1855, to form q State
constitution. They met at that time and place,
formed constitution, and submitted it to a
vote of the people for ratification on the 18th
of December following The 18th of January,
1856, Governor, Legislature and State Off
GERS were elected and the Legislature met on
the 4th of March, 1856 and after receiving
the Governors message appointing committees,
and elccting United States Senators, adjourn
ed to the 4th of July.
All these proceedings were necessary before
their application to Congress for admission
for the power given to Congress by the Con
stitutiOn is to admit States, not Territories
The new State must, therefore, have all the
g agents indispensable to its action as a !State7
before its application and such was the de-
cision of the Attorney General, transmitted by
General Jackson to the Governor of Arkansas,
September 81, 1885. Referring to the third
section of the fourth article of the Constitution,
be says:
"Ths provision implies that the new State shall have
,ppO utpd nv he of
of government and by the appointment those
ical agents which Indispensable its action as a
state and especially to its action member the Union
ror to its admission into the Union naccordance with
his implication every State received into the Union since
he adoption of the Federal Constitution has been actually
organized prior to such admission
Instead of the proceedings of the frce-State
movement in Kansas being against law, it is
clearly in accordance with law and constitu-
Lional right. The free State men in this move
ment have done nothing but what they had
right to do. The people of any Territory have
a right, under the Constitution, to call a con-
vention at at any time with or without an act
Of Congress, or of the Territorial Legislature,
and to form State government, and apply to
Congress for admission into the Union. The
right Of a people to alter or abolish" their
form of government is An inherent one and is
classed in the Declaration of Independence as
to the inaenable rights of man.
The'mode and manner of accomplishing it in
States properly belongs to the forms
of law, to be prescribed by the State Govern
ment; but in the Territories, Congress is the
only power that can prescribe the forms for
a Territorial Government emanating from Con
greSs can be changed, modified, or abrogated,
only by its consent. That consent, however,
can be expressed as well after as before the
action of the people. If Congress, then, has
prescribed no form, whatever action the peo-
pie think proper to adopt, in order to secure
a change Of Government, provided it be con-
Quoted in a peacable manner, is lawful and
titutional-lawful, because it violates no
valid Unconstitutional, because article first
q IL L.