The Kansas herald of freedom., 1857-09-12

islature and Delegate to Congress, in Oc-
tober next; and appointed the undersign-
ed Committee to address the people at
large with respect to this important ac-
ton.
Two years and half ago, portion of
the people of Missouri invaded our Terri
tory, took possession of our ballot boxes,
and established the Oligarchy which has
since claimed 10 exercise the functions of
government amongst us. A short time
after that event, our people met in Con-
vention, at Big Springs, to determine the
course they should pursue. Two plans
were suggested: one, to resist the execu-
ton of their laws by force; the other, to
avoid this extreme measure, by the adop-
ton of State Government. This latter
alternative was preferred, and the follow
ing resolutions adopted
ResolUed, That the body of men who,
for the last two months, have been passing
laws for the people of our Territory
moved, counselled, and dictated to, by the
demagogues of Missouri, are to us for
eign body, representing only the lawless
invaders who elected them, and not the
people of the Territory; that we repudiate
their action as the monstrous consumma-
ton of an act of violence, usurpation and
fraud, unparalleled in the history of the
Union, and worthy only of men untitled
for the duties, and regardless of the re-
sponsibilities of republicanism.
RESOLVED, That this Convention, in view
of its reputation of the acts of the So
called Kansas Legislative Assembly, res
pond most heartily to the call made by
the Peoples Convention of the 14th ul-
timo, for Delegate Convention of the
People of Kansas Territory, to be held
at Topeka, on the 18th inst, to consid-
er the propriety of the formation of
State Constitution, and such other matters
as may legitimately come before it.
Resoluel, That, setting aside all minor
issues of partisan politics, it is incumbent
upon us to proffer an organization calcu-
lated to recover our dearest rights, and
into which Democrats and Wings, Native
and NaturaliZed citizens may freely enter,
without any sacrifice of their respective
political creeds, bnt without forcing them
as test upon others. And that, when
we have achieved our political freedom,
vindicated our right of self government,
become an independent State of the
Union,-when those issues may become
come vital, as they are now dormant, it
will be time enough to divide our organi-
zation by these tests, the Importance of
which we fully recognize, in their appro-
pirate sphere.
1t is we'll known that these resolutions
passed at Big Springs, September 1855,
have constituted the basis of all subse-
quent political action by the people OF
Kansas. They there unequivOcally dis
owned the authority of the Territorial
Legislature, and have maintained that
position ever since. They then commit
ted themselves in favor of a State organi-
zation and have maintained that position
they have rested their hopes from the
commencement of their struggle, and
upon their ultimate success they still con-
tinue to rely.
In adopting this course of action, the
people of Kansas were not impelled by
either fanatical zeal, or wanton incon.
siderateness of purpose. They proceeded
gravely and with deliberation, to decide
upon the ground they should occupy. Il
was said that they could not proceed tc
effect State organization without au.
thority previously given by act of Con.
gress, or of Territorial Legislature
But they knew that no such principle a:
this had ever been established. On thu
contrary, they knew that the instances il
which States had been formed under act
of Congress were exceedingly few; and a
to acts of the Territorial Legislatures
they knew that these had been ruled b,
the highest authority to be invalid ant
of no effect. 1t was also said that, al
though the people had been prevented
from electing their Legislature, as tn,
Organic Act of the Territory required
vet, while the Territorial Governmcn
remained technically intact, State Gov
ernment would be rival, revolutionar,
movement, putting the authority of tn
United States Government in dispute.
But the people knew that the Constitu
tion of the United States contained n
provision whatever for Territorial Gov
eminent anywhere; that the trainers o
that instrument did not contemplate tn
acquisition of new Territory to the Union
that the Territorial government was there
fore the creature of a temporary necessit
of extra-Constitutional legislation
mere proteetorate va thing incident t
transient sovereignty; and that whe
the State government-the normal an
recognized status of the community
came into existence, the Territorial gov
eminent expired with the necessity whic
created it. The people of Kansas kne'
that the Government of the Unite
States itself had proceeded upon thes
principles in the admission of States int
the Union, and had thus given them il
legal sanction, and rendered them author
itative. They, therefore, assumed tn
ground, after duly weighing the objection
urged oft, with the most perfect assul
ance of its correctness, as matter OF la
and established governmental policy.
The opposition made by the Admins
| tratiOn at Washington, and Its part
, throughout the country, to this course
sAiC POOpiO VI Ids itOt, AZ ~
d slightest degree, weakened their cont
5 dence in it, or lessened their determin;
t ton to adhere to it to the end. The
r are satisfied that its propriety would ne'
e er have been called in question, as ma
4 ter of serious moment, and not the Fec
, eral Administration sought, by SO doin;
|. to serve special purpose in behalf ,
: slavery. So confident are our peop
: in the stand they have thus take
( that they would be perfectly wIlliE
1 TO permit their State Government to pr
D ceed TO the regular performance of ]
{ functions, without any regard to Il
5 Territorial Government, were it not 4
e a settled wish on their part to do noshiI
] which may subject them to the charge
] ultra views, or desire to incur yiolenc
: even in the assertion of their rights. The
have preferred to turn aside, for the tin
: being, fron their State organization, an
i to make an effort to secure, through Il
!. Territorial ballot boxes, peaceful posse
sion of the Territorial Governmsnt; an