The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-07-25
The Douglas Toombs Bill.-.strong
Testimony against it.

Inc Uouglas-Toomos Blll.-Strong
Testimony against it.
wM. Y. ROBERTS, Lieut.. Governor OF
Kansas. under the Free State organization,
has written letter to the New York Even
ing Post, in which he thoroughly dissccts
and exposes the iniquity Of the Douglas
Toombs bill for the pacifcation Of Kansas.
We invite the attention of our readers to
the pcrusal of the document, which we give
in full below. Mr.. Roberts isa Pennsyl-
vanian, and old Democrat Of high standing,
to our personal knowledge an advocate Of
the Nebraska bill at the time its passage,
and he is even now claimed in Pennsylvania
Us supporter of Mr.. Buchanan. This,
however, is not true, as he is now out for
Fremont. We mention these facts to show
that his testimony is that of man not dis
posed to cxagserate the evils of which he
speaks. His letter is as follows
WASHINGTON, d. c., July IL, 1856.
To The Editors of The Ereaing Post: 4"
Your note asking my opinion, ns demo-
crat and rs citizen and friend of Kansas,
in relation to the Senate bill entitled ga bill
to authorize the people of the territory of
Kansas to form a constitution and State gov
crnmcnt, dc" which passed the Senate on
the 2d inst, is ut hand.
In reply, would state that my objections
to the bill are not confined to its details only
they may DO amendcd-but attach also
to the principles upon which it rests.
|. The bill proposes to repeal and amend
certain territorial laws, and to leave Others
in force, and hence assumes the position that
the Legislative Assembly was valid au-
thority, and ailixes the Congressional sane
ton and appreciation upon u body elected
by rule utterly subversivc of that govern
mcnt; and in so doing, the Senate has sane
toned and legalized, as far rs il can, the
work of an armed mob, IN open violation of
the laws and constitution of the United
States, in violating the great fundamental
principle upon which rests our whole polit-
ical fabric, popular sovereignty or sell.gov-
eminent.
Ii IL not necessary to weary your readers
by inserting here the proof Of this PROPOSE
ton; shall only refer them to the testi-
mony taken by the Kansas Investigating
Committee, reported to the House of Rep
rcsentitives on the lst inst. In this report
the above allegation is proven by testimony
the most positive and incontrovertible.
III. But my objections to the bill do not
stop here after the acknowledging the va
ldity of the territorial legislature, the bill
proceeds to repeal sundry laws and parts Of
laws enacted by that body, nv the very sim
gular process Of re-enacting certain impor-
tant provisions of the Constitution of the
United States. (Sce bill, section 1877 1t
also enacts a new elective law-assuming
the power Of Congress to legislute for the
territory on the most important subject Of
legislation, that of the elective franchise,
Will, it has, in the opinion of the Senate,
in full vitality, local legislature Of its
own; thus utterly abandoning the whole
theory of the democratic creed in relation
to the government Of the territories; and,
Us democrat, must be allowed to enter
my protest against this abandonment Of the
faith, particularly in an instance when that
abandonment is made necessary by assuni-
ing former false hypothesis.
III The bill further provides for the ell
ection and rganilation of convention "to
form u constitution and State government"
and without submitting the constitution
thus formed to "a vote of the people or flu
turc action of Congress, admits the State
into the Union "on an equal footing with
the original States" and makes the action
of that convention .fnaiiy, and denies to
the people the invaluable privilege of act
ing in their primary and individual capac-
ity upon the organic law of the land, a
right inr0iuabie 10 them, and formidable only
10 tyrGRts.
". To give tn q board of commissioners,
appointed by he President, the power to de-
tlrmine who shall vote for delegates to q
convention, and to be the sole judges of the
election and qualification Of said delegates,
and to make the action of that convention
final, in matter so important Us the for
nation of constitution and State govern
mcnt, is to erect power dangerous to pop
ular rights, power irresponsible to tn
pcople-a despotism and in assuming the
poser Of Congress to do that for which
there is no warrant in the constitution, and
which is srbverslve Of the great principles
of popular government.
V. One effect of refusing to submit the
constitution toa vote Of the people would
be to obyiate the necessity Of retaining in
the territory large body Of men during
the winter, in order to vote on the constitu.
ton in the spring, as il would be impossible
to frame constitution, publish il and give
the people time to discuss its provisions, in
order TO give an intelligent vote upon its
ratification, before, probably, the frt Of
March. am aware that II would DO ex-
ceedingly inconvenient to these people to
stay in our territory during the winter riih-
om houses, and that houses and pro, isions
are very expensive things; nevertheless, as
n citizen Of Kansas cannot consent that
they should be allowed to finish their work
by the 18th Of November and return to their
home leaving the people to enjoy(s) gov
eminent established against their own will
and wishes and hence, MS a citizen and
friend OF Kansas, must must solemniy pro-
test against this feature of the bill. ~.
vi. The bill further provides that the
ratio Of representation and appointment Of
delegates shall be determined by the num-
Der Of voters, and not the number Of inhab-
itants in the territory and tho respective
districts; thus giving to the mers adventur-
or, the "soldier Of fortune" upon the Dor
der, the samc representative strength with
~