The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1857-06-13
For the Herald OF Freedom
The Topeka Legislature.

Territory. FREE STATE.
for the Herald OF Freedom.
The Topeka Legislature.
! This Convention was originally based
upon usurpation of the government, by
an invading force from a neighboring
State, together with minority of the ac-
tual residents of the Territory. Such a
! movement, then, was right. 1t was but
the assertion of the great principle of de-
mocracy, which forms the groundwork of
our government. The exercise of the in
herent rights of sovereignty, possessed by
the people, the legitimacy or policy of
which, at such crisis, is not to be ques-
| toned.
An actual majority of the people Of this
Territory demanded at this time sub
stitution of the State to the Territorial
organization, and this movement TO per-
feet the State organization received their
earnest and enthusiastic support. lfCon-
gress had seen fit to have approved the
Constitution which resulted from this
movement, much of trouble, war and ri
mors of war, and all that widespread des-
olation which crimsons the page of Kan
sas history, might have been avoided
The responsibility certainly is not upon
the Free State men. But Congress has the
/ power to reject as it has the will to accept
the Constitution of State, and whatever
may be the grounds of such rejection, the
Territorial condition is unchanged until
the Constitution is approved. This pro-
position cannot be successfully contro-
yerted, although there is a set of men in
this Territory who believe that the State
organization perfected at Topeka in
March, 1856, is yet intact, and are pro-
ceeding to act upon that belief.
Legally, Territory cannot be turned
into State without previous enabling
act by Congress The Federal Govern
ment claims the right to give permission
to the communities it has organized as
/ Territories, to present their credentials for
the more important honor of State SOW
ereignty, and there to exercise its discre
ton upon the question of its admission or
rejection. 1t has been only under pecu-
/ liar circumstances, which seemed to de-
mand waiver of the rule in its ruling.
I That Congress has departed from plain
Constitutional provision upon this sub
ject, there is little room to doubt; that
the condition of affairs in this Territory
would have afforded complete justifca-
ton TO Congress for the acceptance of the
! Topeka Constitution without previous
enabling act, and it could not have been
really upon that it was rejected. Neither
is it upon that ground or for this reason
that we oppose the galvanizing of that
effete political organization into life and
activity. AT the moment of the disap-
proval of the Constitution by Congress, the
organization was bereft of vitality; but
the dissolution of the organization does
not necessarily involve the destruction of
the principle Or motive of such organiza-
ton. The principle still exists in all its
pristine yigor, to be made of practical use by
the adoption Of policy more certain of
success.
We propose to make Kansas free State,
and to adopt that course which we be-
lieve will be the most eifectual to that
end. Free State men who only desire
this consummation peacefully to be ac-
complished, and not the elevation of a few
individuals to places of political promi-
hence, we feel the assurance will not only
agree with, but cooperate with us to eff
feet the desired result.
The zeal with which certain men of the
Topeka Convention party are working to
give vitality to their State organization,
forbids us to believe that it is all dictated
by patriotism. The position that these
same men occupy in virtue of that organ
iZation, creates strong presumption that
it is for themselves that they are striving,
and not for the people We have no par
ticular objection to their holding offices of
honor and profit, if they are really the
choice of the people, whenever their course
does not by its revolutionary character
jeopardize the public peace-but we do
seriously object to their ACKNOWLEDGMENT
when it is to be effected at the expense of
the peace, quiet and prosperity of the
country. 1t is not best to clothe this beau
tiful land in mourning at its own prema-
ture ruin and deSolation, to make few
martyrs for pretended freedom.
1t is peace that the country needs. and
it is peace that the people will have. The
evil genius ofWar has held sway here long
enough. The people with peace ask for
and will have their rights-the rights of
franchise, the privilege of modelling after
/ their own fashion their social institutions.
/ the rights of property, and the protection
of their persons. VIII any one say that
these things are attainable only through
/ the Topeka Convention? Does not this
movement, more than anything else in
the country, give Us all ground for appre-
hersion that trouble, serious, and the end
/ inc of which cannot now be known, will
come upon US?
! The whole thing is factious. If is the
/ policy of an uneasy, stubborn minority
A majority of the people, when the proper
time comes, will repudiate il, and viii
frown upon the lofty pretensions of those
who desire war, instead of peace-who
prefer strife, to harmony and quiet. We
mean by this that a majority of the actual
residents and citizens of Kansas do not
approve of the re-vitalizing ofthe Topeka
Government, in opposition TO the Terri
torial government de yfaeto-bogus or no
bogus.
Whatever may be the private opinion
of individuals as to the character OF the
existing Territorial government, itmatters
not. We believe. if cur convictions are
desired upon this point, that it is the off
spring OF fraud and violence; that it has
not single element ofvitality in it But
the Federal Government has recognized
It and its acts, and there IS but one alter
native for law-abiding citizens, and that
is to aequiesce until by legitimate exer-
else of power its character may be
changed.
We wish to be understood, clearly, that
there is majority Of the actual settlers of
Kansas that are opposed to the organiza-
ton of the Territory as State, after the
style proposed by the leading men in the
Topeka movement, and the organization
as such, and not the principle upon which |
1t IS based. We would gladly vote for