Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1857-12-24

menced and prosecuted in peaceable manner,
in strict subordination to the existing terrific
torial government, AND IN ENTIRE SU B.
SERVIENCY TO THE POWER OF CON
GRESS TO ADOPT, REJECT OR DISRE.
GARD THEM, AT THEIR PLEASURE"
Which the Legislature of Arkans had no
power to create IA convention to frame a consti,
tuition, as legal constitutional body, yet. if
the people chose to assemble under such an act
of the Legislature for the purpose Of petit
tionng forsredress of grievances the assem-
blage was not Illegal; it was not an unlawful
assemblage it was not such an assembage rs
the military power could be used to dsburse,
for they had right under the Constitution
thus tn assemble and petition. But if they
assumed to themselves the right or the power
to make u government, that assumption was
not an act of rebellion which General jackson
said it was his duty to put down with the mill
itary force OF the country.
Ii you apply these principles to the Kansas
convention, you find that the act as conven-
ton forming government you find that the
act calling it was null and void from the be-
ginning you find that the Legislature could
confer no power whatever on the convention.
That convention was simply an assemblage Of
pCdCCuOlO CttlACHo. uHuVl INT bOusuibutlOu VI
the United States, petitioning for the redress of
grievances, and thus assembled, had the right
to put their petition-having the force of IL
petition-which Congress could accept or re-
ject, or dispose of as it saw proper. That is
what understsnd to be just the extent of the
power and authority Of his convention assembled
at Lecompton. 1T was not an unlawful asblag
like that held aNTopcka for the Topeka consti
| tn 40 sal
law, and, as | thought, intended to subvert the
government without the consent of Congress,
but as Contended by their friends, not so inten-
ded. If their oject Was to subvert it without
the consent of Cong, ess, it was an act of
rebellion, which ought to have been put down
by force. If it was q peaceable assemblage
simply to petition and abide the decision OF
Congress on the petition, it was not an assem-
blage hold, however that, it was not an un.
lawful assemblage | hold that this Lecompton
convention was not an unlawful assemblage
but, on the other hand, hold that they hid
no legal power and authority to establish
government. They had right to petition for
that petition to ask for the change of govern
They had right to ask Congress 10 ADOPT the
| WHICH tNoy scHb W us do tuoiT Cou-
stitution aud Congress, if it thought that pa
per embodied the will of the people of the
Territory, fairly expressed, might, in its dis
erection accept it as q constitution, and admit
them into the Union as State ; or if Congress
thought it did not embody the will of the PEG
pie of Kansas, it might reject it; or if Con-
gress thought is was doubtful whether it did en-
body the will of the people or not then it
should send it back and submit it to the people
to have that doubt removed, in order that the
popular voice, whatever it might be. should
prevail in the constitution under which that
people were to live
So far as the act of the Territorial Legisla-
ture of Kansas calling this convention was con-
cerned, have always been under the impress
ion that it was fair and just in its provisions
| have always thought the people should have
gone together en- masse and voted for delegates,
so that the voice expressed by the conven ton
should have been the unquestioned and united
voics of the people Of Kansas. have always
thought that those who staid away from that cleo
ton stood in their own light. and should have
gone and voted and should have furnished their
names TO be put on the registered list, so as to be
/ voters have always held that it was their own
fault that they did not thus go and vote but
yet, if they chose, they had right to stay
away They had right TO say that that con-
! vention, although not an unlawful assemblage,
it snot legal convention to make Sovernmegt
and hence we are under no obligation to 90 and
express any opinion about it. They had right
to say, if they chose, F" We viii, stay away until
we see the constitution they shall frame, the pc
Etiion they shall send to Congress and when
they submit it to US for ratification we will vote
tor it, it we like it, or vote it down if we do not
like il. !" say they had right to do either,
though thought, and think yet, us good citizens
they euhgt to have gone and voted but that was
! their business and not mine.
Having thus shown that the Convention at
Lecompton had no power, no authority to es-
tablish government, but had power to grant u
petition, and that petition, if it embodied the
will of the people of Kansas, ought to be ia
! ken as such an exposition of their will. vet if
it did not embody their will, ought to be reject
ed having shown these facts let me proceed
and inquire what was the understanding of the
people of Kansas, when the delegates were cleo
ted understand, from the history Of the
transaction, that the people who voted for dele
gates at the Lecompton Convention, and these
who refused to vote--both parties understood
the territorial act to mean that they were to be
elected only 10 frame constitution, and sub
NIT it to the people for their ratification or re-
lection ] say that both parties in that Terri
tory, at the time of the election of delegates. SO
understood the object of the Convention. Those
who voted for delegates did so with the under
standing that they had no power 10 make GOV
ernment, but only to frame one for submission
and those who staid away did SO with he same
understanding.
Now for the evidence The President of the
United States tells us, in his Message, that he
nnequivocally expressed his opinions, in the
form OF instructions to Governor Walker. as.
Stunning that the Constitution was to BE- submit
ted to the people for ratification. When we
look into Governor Walkers letter of accent.
ance ct the Office of Governor. We find that he
stated expressly that he accepted it with the
! understanding that the President and his whole
Cabinet concurred with him, that the constitu.
ton, when formed, was to be submitted to the
people for ratification Then look into the in
structions given by the President OF the United
States, through General Glass; the Secretary of
State, to Governor Walker, and you there find
that the Governor is instructed TO use the mill
tary power to prseect the polls when the consti.
tuition shall be submitted to the people of Kan
sas for their free acceptance or rejection Trace
the history little further, and you will find
that Governor Walker went to Kansas and pro-
claimed, in his inaugural, and in his speeches
at Topeka and elsewhere, that it was the dis
tlnct understanding not only OF himself, but of
these higher in power than himself-meaninp
the President and his Cabinet-that the consti,
tuition was to be submitted to the people for
their free acceptance or rejection, and that he
would use all the power al his command to de-
feat its acceptance by Congress, if it were not
thus submitted to the vote Of the people.
Mr., President am not going TO stop and in
qulre how far the Nebraska bill, which said the
people should be left perfectly free to form
their own constitution for themselves, author
lied the President, or the Cabinet, or Governor
Walker, or any other territorial officer, to in
terLere and tell the Convention Of Kansas wheth