The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1857-06-06

Chief Magistrate of the Union, Just chosen
by the American people, and many of its
acts are now in nOperation here by universal
assent, As the Governor of the Territory
of Kansas, / must support the laws and
the Constitution; and / have no other al
tentative under my oath, but to see that all
Constitutional laws are fully and fairly ex-
ecuted.
1see in this act calling the Convention,
no improper or unconstitutional restric-
tons upon the right of suffrage. see in
1t no test-oath or other similar provisions
objected to in relation to presiolIs laws, but
clearly repealed as repug1iant to the proyi-
siOns of this act, so far As regards the cleo
ton of delegates to this Convention. 1t is
said that fair and full vote will not be tax
en-. Who can safely predict such result?
Nor is it just for majority, as they allege,
to throw the power into the hands of a
minority, from mere apprehension (I trust
entirely unfounded) that they will not be
permitted to exercise the right of suffrage
Ii by fraud or violence, majority should
not be permitted to vote, there Is remedy,
1t Is hoped, in the wisdom and justice of
the Convention itself, acting under the OBJ
legations of an oath, and a proper response
bility to the tribunal of public opinion
There Is remedy, also, if such facts can
be demonstrated, in the refusal of Con-
gress to admit State into the Union, un-
der Constitution imposed by a minority
upon majority by fraud or violence. In
deed, ! cannot doubt that the Convention.
after having framed a State Constitution,
Will submit it for ratification or rejection
by majority of the then actual Jona tide
resident settlers of Kansas.
With these views, we'll known to the
President and Cabinet, and approved by
them, accepted the appointment of Gov
ernor of Kansas. Ny Instructions from
the President, through the Secretary of
State, under date of the Both of March
last, sustain the regular Legislature Of the
Territory" in assembling Convention to
form a Constitution" and they express the
opinion of the President, that ,rhen such
Constitution shall be submitted to the 9,eo-
pie Of tie Territory, they must be protected an
the exercise Of tier right Of gOting .tor or
against that instrument; and the fair erpTes-
son Of the popular '0iH must not be interrstp-
ted by fraud or Uiolence''
[ L repeat then, as my clear conviction.
/ that unless the Convention submit the
II Constitution to the vote of all the actual
resident settlers of Kansas, and the cleo
ton be fairly and justly conducted, the
Constitution will be, and ought to be, re-
jected by Congress.
There are other important reasons why
you should participate in the election of
delegates to this Convention. Kansas. is
to become anew State, created out of the
public domain, and will designate her
boundaries in the fundamental law. To
most of the land within her limits, the In
dian title, unfortunately, is not vet extin-
guished, and this land is exempt from set
tlement, to the grievous injury of the
people of the State. Having passed many
years of my life in new State, and repre-
sented it for a long period in the Senate of
the United States, | know the serious en-
cumbrance arising from large bodies of
lands within a State to which the Indian
title is not extinguished. Upon this sub
| Ject the Convention may act by such Just
and constitutional provisions as will ac-
celerate the extinguishment of Indian
| titles.
There is, furthermore, the question of
railroad grants made by Congress to all
the new States but one, (where the routes
could not be agreed upon, and, within a
few months past, to the fOurishing Terri
tory of Minnesota. This munifcent grant
OF fonr millions and half of acres, was
made to Minnesota, even in advance of
her becoming a State, and will enable our
sister State of the Northwest, under the
auspices of her present distinguished Ex-
ecutive, speedily to unite her railroad sys-
| TEN with ours.
/ Kansas is undoubtedly entitled to grants
! similar to those just made to Minnesota,
| and upon this question the Convention
may take important action.
These, recollect, arc grants made by
| Congress, not to companies, but to States.
Now, if Kansas, like the State of Hi
nOis, in granting hereafter these lands to
companies to build these roads, should
! reserve at least, the seven per cent. of
their gross annual receipts, 1t is quite GER
i tain that so soon as these roads are con-
structed, such will be the large payments
/ into the treasury of our State, that there
will be no necessity to impose in Kansas
any State tax whatever, especially if the
Constitution should contain wise provi-
/ sions against the creation of State debts.
/ The grant to the State of Illinois, fol
/ the Illinois Central Railroad, passed un-
der the wise and patriotic auspices of her
distinguished Senator, was made before
/ the peFnicious system, lately exposed III
Washington, had invaded the halls OF
/ Congress; and, therefore, that State, un-
like most Others which obtained recent
grants, was enabled to make this grea
reservation for the benefit of the State
This constitutes of itself a conclusive rea-
SON why these railroad grants should b
reserved in the ordinance accompanying
our State Constitution, so that our Stat.
might have the whole benefi { of the grant
instead OF large portions being given Il
! agents appointed to obtain these grants b,
companies substantially in many cases 70
their own benefit, although in the nam
of the State.
j There is another reason why thes
railroad grants should thus be reserved il
t our ordinance.
, 1t is TO secure these lands to the Stat
i before large bodies of them are engrosse'
by spectators, especially along the con
: templated lines of railroads. In no cas-
i should these reservations interfere wit
: the presumption rights reserved to settler:
i or with school sections.
E These grants to States, as is proved b
: the official documents, have greatly aug
mented the proceeds of the sales of tn
{ public lands, increasing their value, accel
t Grating their sale and settlement, an
e bringing enhanced prices TO the govern
: ment, while greatly beneftting the land
: of the settler by furnishing him new maj
: kets and diminished cost of transports
r ton. On this subject, Mr. BuchanaI
{ always the friend of the new States,
his recent inaugural, uses the followin
t language:
No nation in the tide Of time has ever bee
blessed with 50 rich and noble ua isherisance
: We enjoy in the public lands. In administeriI
: this important trust, while it may be sgise
{ grant portions Of them for the ia1provenent
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