The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-30

ing the legality of it, they do conflict with the
constitution Of the United States the Kansas organic
act That many, and perhaps majority Of the citizens
Of Kansas did not vote either at the election OF repre-
senatves to the territorial Legislature delegates TO the
convention may be true. Where is your remedy You
cannot compel men TO vote They only be permitted
and invited 70 do Ii part in any given community
in order to sbseve particular political purpose 10
supply pabulum IL may be- for some political party to
promote the purposes of partisan leader neglect or
reject the invitation and will not vote Is the machinery
of government hence TO stop and society To resolve itself
into anarchy Because political party perhaps
suiicency of them TO change majority, will not vote
those who will do to be deprived of any govern
ment9 Permit such an absurdity and you deprive New
York of any State during the period for which
it's officers recently elected Admit such absurd
ity and you enable any faction to overtun your
ment by keeping away from the polls especially IL they
substantate probability that they a majority
and the laws would have been different If they had
voted.
Our government is one Of checks and balances and
of its checks apply to the people themselves
Among the objects OF government, is to protect
the legal rights Of the minority against Illegal asump
ton denial Of those rights by majority While the
right Of the majority to rule is clearly recognised 1t must
rule in legal manner II majority resolve itself into
mob and will neither vote nor observe law or order the
minority who law-abidng, who form and obey gov
eminent cannot be deprived of the benefits and protec
ton of that government by such majority is mobocacy
TO be substituted for democracy The denial by the To
peka faction of the legality of the territorial legislature
is part of their plan to subserve particular purpose
They design thereby to force upon Congress retrospect
i've recognition of the Topeka constitution, with the Off
Gals created under its pretended adoption Hence their
proclaimed determination to receive constitution, not
that framed ut Topeka, from the hands OF the late
convention Its acceptance would imply the
sity of future election, and the Robnsons and Lanes
and their sympathzes here apprehensve they might
not be successful at those elections they at such
ordered and controlled by themselves Therefore
they demand the recognition and of the egalza
ton of the Topeka constitution OF the past with all its
AL ifs
territorial and constitutional authorities and indeed
with all its actous treason. In furtherancc OF this de-
mand they take exceptions to certain portions of the pres
ent constitution other than the slavery clause To that
they do not deem it advisable to object because, being
submitted to the popular vote they know that it will be
expected of them by the world outside of that Territory
if they have the majority they claim that they show their
| majority by rejecting that clause.
comparison of the features to which they object in
the Lecompton constitution with similar in that of
Topeka which they profess to have adopted is favorable
to the former showing that their objections merely
factious. Among these objections is that twenty years
citizenship is required qualification for governor
Their ownthe Topeka constitution permits semi bar
barous Indian to be governor There is bank clause in
both and if there be any choice where as in matters of
banks all is evil that choice Is clearly in favor of the
Lecompon instrument because the bank for which that
provides cannot into operation without the previous
assent of the people Both contain clause prohibiting
amendment for certain number of years in the future
grant you it is dead letter in both because the people
will amend change their constitution in their good
time. In the Topeka instrument this prohibition extends
to 1865 The conduct of that Topeka faction, their
ssance to legal territorial and national authority, their
ncipent rebellion yet too fresh in the minds of
people to permit direct proposition to be seriously
tertaned for moment to legaze their acts yet
are called upon do SO indirectly called upon to
rucke to this reasonable faction, to humbly ask it
whether this other constitution will best subseve
its purposes We asked to ignore the existence of any
awabidng citizens in Kansas to place such men in
| and position
No If If
based upon it both recognise in the people of the Terri
tories the right and possessed by the people Of
the States namely, the right and power to govern them
selves subject only to the constitution of the United
States and the laws necessary enforce it, The recogn
ton of this right and power has resulted in all except
of present Territories in the formation of legal
and orderly government of the character contemplated
The two exceptions are Utah and Kansas In the former
usurpation, defiance Of and opposition to, the consu
onal authorities of the country have resulted in the lat
ter anarchy and faction and determination to yield ODE
dience to no law except the offspring Of faction The
remedy in the former is plain oneit is force. In
the latter the only remedy must be the recognition of the
acts Of such law abiding citizens have evinced will
| ngness to be governed and to govern themselves by
yielding obedience to constitutional and legal govern
ment. The interests the welfare indeed, may say
the s.eynot only of the neghborng States and Terri
tories but of the entire confedeacy demand that this
Kansas controversy, local one, should be localized
that it should longer be permitted to form rta
ting element of national politics. disturbing the peace and
endangerng the unity OF government, but should be
limited to Kansas The experience of the past, and in
deed of this moment clearly shows that this only be
done by admitting Kansas State. The people of
Kansas have right to demand expect the entire
country to be continually aitated its prosperity inter-
rupted its unity endangered because they will not
Gle their contemplate feudswl not settle their fac
tous quarrels When admitted State then, and then
only, its people will, they must govern themselves
Then faction in Kansas will have apology for calling
on its abettors and sympathzers without upon Con-
gre Then power outside Of itself will have any pre-
text for interfering with its domestic tends Then if
constitution be not pleasing to majority of its inab
ants, it be amended another substituted when
| ever that majority WILL if it be within few
/ days.
With all Difference to those especially from my
section who differ with this subject no course
for Congress to adopt in the present emergency but to adj
NIT Kansas with whatever constitution it may present
always that the election of yesterday
not fraudulent and not interrupted by foce-after
first satisfying ourselves to the constitutional require
ment is it republican in form and next did it emanate
from legal source it formed in legal manner 7
These the only questions in my judgment, that
have any warrant for asking 1t is not for to inquire
how many votes cast at the election of delegates to
the convention. 1t is not for to ask whether some
portion all Of it, submitted to the popular vote
unless indeed in the of the constitution of Wis
consin the instrument provided for its submission
Congress required such submission. In all other than
these two exceptional cases. such questions for the
decision of the people alone. If they choose TO enact
law through their territorial Legislature, calling
stutona convention, in the absence of any congresson
al law, the subject, they have right to do If in
cnacting such law they choose permit provide for
Il submission of the entire constitution, or only part