The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-12-25

An unlawful ssssmblags, 10 was not such =
an sssemblage a. the military power could .
Be used 70 disperse, for they had q right {
under the Constitution thus 70 assemble and q
petition. But If they assume to themselves 6
the right or the power to make govern |
ment, that assumption was an act Of rebel I
lion which General jackson said IL WA his |
duty 10 put down with the military force OF
the country. II you apply these principles
10 the Kansas Convention, you find that II
had no power to do any act as u convention
forming u general government; you find
that the act calling it was null and void
from the beginning; you lind hat the legis-
lAture could confer no power whatever On
the convention The convention was simply
IN assemblase Of peacsable cltiSeI.s, under
the Consult ton OF the United Staten, petit
tioning tor the redress Of grievances, and
thus assembled, had the right " put their |
petition IN the form Of Constitution IL they
chose but still IL was only petiuon-I
having the force Of petition-which Con-
gress could accept or reject or dispose oil rs
10 saw proper
That Is what understand to be just the
convention assembled ut Lecompton IL twas
not an unlawful asssmblage like that held
at Topeka for the Topeka Constitution was
made IN opposition to tho territorial law, rs
thong {, intended " subvert the govern
ment without the consent Of Congress, but,
IL contended by their friends, not intended
10 subyert the government without thu con
sent Of Congress. II their object was "
subyert IL without the consent Of Congress.
IL was an act Of rebellion, which ought "
have been PUT down by force. If 1t Was u
Psaceable assemblage SIMPLY to petition and
abide the decision OF Congress on the peti.
ton, 10 was not an unlawful assemblage.
hold, however, that 10 was an unlawful as
semblage. hold that this Lecompton Us
sembiige was not an unlawful asscmblIge !;
but on the other hand, hold that they had
no legal power and authority TO establish u
government. They had right to petition
tor REDRESS OF grievances. They had right
in that petition ~ ask for the change OF gov
eminent irOm u territorial to u State gov
eminent. They had right To ask Congress
~ adopt the instrument which they sent to
Us rs their Constitution; and Congress II
il thought that paper embodied the will OF
the people Of that Territory, fairly express
ed, might, in its discretion, accept IL Us u
Consultation, and admit them into the Union
u u State OF IL Congress thought IL did
not embUdy the will vi the people oi kansas,
IL might reject IL or II Congress was doubtful
whether Il did embJdy the will OF the peo-
pie or not, then IL should send il buck and
submit II 10 the people To have that doub'
removed, in or Ier that the popular voice
whatever il might be, should prevail in the
Constitution under which the people were
10 live.
~ tar as the act Of the territorial legis
lature OF Kansas calling this convention was
concerned, rave always been under the
impression that il Was fair and Just in its
provisions. | have always thought the peo-
pie should have gone together en- masse and
voted Tor delegates, 80 that the voice express
cd by the convention should have been the
unques.ioned and united voice OF the peo-
pie of Kansas. have always thought that
those who staid away from that election
stood in their own wrong, and should have
gone and voted, and should have furnished
their names to be put ON the registered list.
~ Us to be voters. have alsays held that
II was their own fault that they did not thus
80 and vote; but yet, IL they chose, they
had u right to stay away. They had u
right 10 say that that convention, although
not an unlawful assemblage. is not legal
convention to make u government, and hencr
we are under no Obligation to 20 and express
any opinion about il. They had right To
say, II they chose, ave will stay away until
We see the Constitution they shall frame,
the petition they shall send TO Congre $:
and when they submit it to Us for rtifca
ton, we vii, vote TOR il il we like 1t, or
vote il down If we do not like it," l say
they had RICH to do either, though
thought, and think yet, as good citizens,
they ought 10 have gone and voted: but thar
was their business and not mine.
After having thus shown the Lecompton
convention to be without power to establish
government, but had power to draft pc
tition, il it embodied the will Of the people
of Kansas, il ought to be taken as such cx-
position oftheir will; but il it did not embOdy
their will, il ought to DO rejected, Mr..
Douglass says that it was understood by ali
parties, both those who voted for the dele
gates to the Leoompton Convention, and
those who refused to vote, that the constitu-
ton 10 be framed was TO be submitted to the |
people for their ratification or rejection.-l
lie says the President and his cabinet 50
understood the matter. Gov. Walker pro- |
claimed il in his inaugural, and the dele
gates elected, or many Of them, were pledged
TO such submission by written pledges Mr..
Calhoun, President OF the convention, being
among the number. lie says, al know men
high IN authority and in the confidence Of
the territorial and national government, Can
yassed every part Of Kansas during the elec-
ton Of delegates, and each Of them pledged
himself to the people that no snap judgment
was To be taken that the Constitution was
to be submitted to the people, for acceptance
or rejection that il would be Void unless
that was done that the administration
would spurn and scorn it rs violation OF
the principles on which il came into power,
and that democratic Congress would hurl
il frvm their pres nee, as an insult to dem
Ocrats who stood pledged to see the people
left free to form their domestic institutions
for themselves" |,
Mr.. Douglas next enquiries how the Le-
COMPTON delegates redeemed their pledge to
submit the constitution to the people. Says /
MIR D.:
They first 20 on and make Constitution
Then they make schedule. in which they !,
provide that the Constitution. on the 2lst of
December the present month = shall be :
Submitted to all the bona tide inhabitants Of
the Territory on that day, for their free &c ,
ceptance or rejection, in the following man ,
mar. to wit. thus acknowledging thar thew !