The Kansas herald of freedom., 1857-09-05
For the H5ra1d NJ freedoA
MISREPRESENTATION Corrected.

EDITORS OF HERALD:-I saw notice
in one of the Territorial papers of the 9Th
inst, upon the authority of correspond
ent, "that designedly Walker anti-To-
peka Convention was held at Dutch Hen
ry's crossing of Pottowatomie Creek, on
the 25th ult. Drs. Gillpatrick and Blunt
made speeches in opposition to the Topeka
Constitution, and in Fatet bf Walkers
na,;rti, >
"Dr. Gillpatrick gave notice Of 9. s;.,, ss.,vn-
ton of the citizens Of Anderson county,
who are opposed 20 the Topeka Constitu-
ton, to be held at Pottowatoniie ON the
18th inst. All not SO Opposed are redhsst-
ed to stay aRay,H
tits seldom We meet with stateHlcnt
in which there Is not soih1e mixture OF
Truth. The forms an exception, being
untrue in whole, and in every particular.
The meeting was neither called or in
tended for the benefit of any party or
faction. The call was general, and equal
participation accorded to all parties.
Messrs. Foster and Crane; alluded to in
the article, planted themselves sqiiarely
on the Topeka organization, az the only
instrtmentaiity by which we could gain
adttission into the Unipn as free State;
and dwelt somewhat at large on the want
3f ability In The United States t3 enforce
her Authority; in which latter position
they were very foreibly sustained by a
MIR. Nichols. Drs. Gillpatrick and Blunt
claimed that they had had no very seri-
oils objection to the Topeka Constellation
1-would be glad to see it, or one similar
toit, the organic law of Kansas-proyided
it was re-indorsed by majority of the
bona .tile residents of Kansas, in any form
that might be acceptable to Congress. But
that any further effort in that direction,
under any of the popular forms that had
been resorted to, to ascertain that tiaiot-
ity; vas ritil6 and h6peless; apd ttiust
end in distraction of the cotincils IF tile
Free State party.
They remarked that the Kansas code
was no favorite of theirs. 1t had been be-
gotten in violence bt those alien to our
soil; and perpetuated BY fraud. But new
ertheiess, Its validity had been ackHow-
lodged in some shape by most Free State
men-fr9tri the ohe whb was acknowledge
ed the head OF the Free State organiza-
ton, to the humble citizen; and that the
necessity of such acknowledgment was
daily increasing.
It had been said that necessity knows
no law" They would say that with the
mass of mankind, necessity will ac-
knowledge any laiu." And the consist
ency was not very apparent why the law
should be acknowledged in pre-empting
town sites, and operating under corporate
authority derived from the Territorial
Legislature, and yet refuse to avail our
selves of the provisions Of the election
law, now that our numbers will warrant IL
--and provide such code as will reflect
our sentiments.
The binding authority of the Kansas
statues; as laws de Jacto, whatever respect
We might entertain for them as laws de
jure, was no longer an open question:
Their authority had been affirmed by
every department of Federal authority.
including Republican House of Repre-
sentatiyes. Finally, that in the election
of James Buchanan TO the Presidency.
the sovereign people of the United States
had ratified that decision-and from that
decision there was no appeal but to force,
to open rebellion to Federal authority
Neither duty nor policy dictated such an
alternative.
In conclusion. DR.. Gillpatrick urged
the impolicy of pressing q vote upon the
Topeka Constitution, as it would afford
no test of the strength of the Free State
party. He gave notice that there would
be mass convention Of the citizens of
Anderson county, on the 18th Of August,
for the purpose of putting in nomination
ticket to be supported for county officers
and the Territorial Legislature. He was
asked il the call embraced only such as
were opposed to the Topeka Constitution,
and answered distinctly that the call en-
braeed all who were favorable to the OBJ
jects OF the meeting, and would attend
the election In good faith.
Well, the election is past, and the re-
suit shows that in the counties of Ander-
son, Franklin, Lykins, and Lynn, some
thing less than two-iifths of the FreeState
vote was obtained Such probably has
been the result ia all Southern Kansas
a word TO the Nise Is safiieient
OBSERVER.
rJohn E Stewart is erecting self