The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-10-01
From the N II. Independent Democrat, September L.
POLITICAL HISTORY.

In his late extraordinary letter to President
Woolsey, Prof. Silliman, and others, Mr.. Blu.
chanan lays great stress on the act of the bo-
gus Territorial Legislature of Kansas, providing
for electing delegates to Convention to form a
State Constitution. He not only has no doubt
of the authority of that body of Rufians to
pass larcs for such an object, but he goes out
of his way to eulogize the provisions of that
CLAW, as eminently " fair and Just, =" when he
must know and does know that three fourths of
the actual bona .tfde inhabitants Of Kansas
were by that law DISTINGUISHED. and that half
the counties where the Free State men are
proportionally most numerous aoere not inclu-
ded IN any UOting precinct aChdteUer And
this the President of the United States stoops
before the slave power to pronounce fair and
just And the refusal of the people to have
any part or lot in 80 obviously outrageous a
trick of the slaveocrats, he demoninates claw
less resistance to the regular Territorial Gov
ernnent!" And declining to vote under reg
ulations that must insure the triumph of the
Ruffaus, is made the excuse for +" employing
the troops of the United States" to dragon
the people into submission
This may pass for good Democracy now;
but there was time even since Mr.. Buchanan
protested to be Democrat when such doc
trine would have passed for nothing better than
the rankest Federalism" This is not the
first time similar question has arisen. 1t is
not the first time Mr.. Buchanan has been call
ed to decide on the pO1oer of a Territorial
Legislature to "pass law for electing dele.
gates to form State Constitution. In the
case of Michigan, two Constitutional Conven-
tons were held, and two Constitutions were
formed; one by authority ofthe Territorial Leg,
islature, and the other by the authority of the
9TH 20
admission into the Union. 1t was in 1885, and
Mr.. Buchanan was then in the United States
Senate. So was Mr.. Calhoun, at that time
bitter and unrelenting opponent Of the Demo.
cratic party. Mr.. Calhoun went for admitting
the State under the Territorial Legislative
Constitution. Not so Mr.. Buchanan. He,
with the other Democratic Senators, went for
admitting the State under the Peoples Con-
stitution, which had been formed and adopted
in utter disregard of the Territorial authorities;
as emphatically so as has the Topeka Consti-
tuition.
In the debate which arose, Mr.. Buchanan
took the very ground now occupied by the
friends of the Topeka Constitntion-thst the
people are sovereign, and that the Territorial
Legislature have no right aOhGteUer to pass la1os
enabling the people to elect delegates to Con-
gentiOR to form State Constitution. The
having acted, it was the duty Of Congress to
recognise them. Here is Mr.. Buchanan's Ian
guage:
Suppose we were to admit that their 1.-THE
people's) proceeding had been irregular, ought
that to exclude her from the Union? On this
subject we ought to act like statesmen &C.
quanted with the history Of our own country.
We ought not to apply the rigid rules of ab.
stract political science too vigorously to such
cases. 1t has been our practice heretofore to
treat our infant Territories with parental care,
to nurse them with kindness, and, when they
had attained the age of manhood, to admit
them into the family, without requiring from
them rigid adherence to forms. The great
questions to be decided are: do they contain a
sufficient population? have they adopted a re-
publican Constitution? and are they willing to
enter the Union upon the terms which we pro-
pose?
I" If so, all the preliminary proceedings have
been considered but mere forms, which we have
waived IN repeated instances. They are but
the scatfolding of the building, which is of no
further use after the edifce is completed. We
have pursued this course in regard to Tennes-
see, to Arkansas and even to Michigan. No
Senator SUHL pretend that their Territorial
Legislatures hare any right VhateUer to pass
td'os enabling the people to elect DELEGATES to a
Conrentton for the purpose Of forming a State
Constitution. IT WAS AN ACT OF UsURPATIoN
ON THEIR PART"
This language applies, it will be observed
not to bogus Territorial Legislatures, imposed
upon an unwilling people by fraud and violence
but to all Territorial Legislatures. Doubly
and trebly does it apply to the Kansas Terrific
rial Legislature, which never was elected by the
people of that Territory, and never represented
their views or principles. No such objection
was made against the Legislatures named by
MIR. Buchanan. They were regular and legit
innate. And yet, the man who now confesses
to employing the troops of the United States to
compel obedience to the Border Rufian Legis.
lature of Kansas, then pronounced similar acts
OF the regular Territorial Legislatures of Ten.
nessee, Arkansas, and Michigan, "Acrs OF
UsURPATIoN."
They are acts of usurpation. Neither under
the Constitution nor laws of the United States
have Territorial Legislatures the slightest an.
thority to take the initiative in the formation
OF State. The forty delegates, more or less
now assembled at Lecompton. as a Constitn.
uonal Convention, have no more authority RI
form State Constitution for Kansas than have
any other forty men, whether at Lecomnton
LeaVenworth, or elsewhere. Nor will any in,
strument that body may agree upon be. in
any respect, more regular, more legal. or more
constitutional, than Is the Topeka Constitution
And the President has no more RIGHT To emnlov
the army of the United States to defend nv
sanction the proceedings of IT, T -.