The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1857-12-26
Is the Legislature to Blame.

cause it has had the honor and decency
to live up to certain pledges in regard
to its action made to Acting Governor
Stanton as condition TO his convening
an extra session. These pledges were
simply that they, as representatives, would
do nothing more than was needed in the
emergency to forestall the villainous plans
that had been laid by the Leeompton
Convention and that nothing should be
done which weuld in anywise conf
NIT them to any policy, other than
what was conceded to be needful, to de-
feat the plans aforesaid. The opinions
of the best lawyers of the Territory,
had been given to the effect that repeal
of the law under which that Convention
was convened, would effectually prevent
further legal action under its authority.
AS there was doubt in the minds OF
some that such repeal would reach the
evil, it was recommended in the message
of the Governor, that law be enacted
providing for fair submission of the
whole Constitution to the people. 1t
was unquestionably competent for the
Legislature TO pass such law and it would
be the duty of the Executive officers of
the Territory to see that it was properly
enforced. All laws else that were to be
enacted were not to be substantive, but
merely auxiliary to the main act, to en-
sure its full and faithful execution.
Such is the militia law, the object of
which is the enforcement of the submis-
sion act. Whatever may have been the
terms of the written pledge of the men,
bers to Gov. Stanton, no one viii under
take to deny that the above was expie-
lily understood to be the condition
upon which the Governor consented to
convene an extra session of the Legisla-
ture. We do not, at this time, deem it
pertinent to express any opinion in regard
to the propriety of making such pledge
or agreement, it is sufficient that it was
made.
Was it not then the bounden duty of
the Legislature to fulfill that obligation?
That man or set of men who would
wantonly disregard such a covenant would
not, in our opinion, be fit depositaries of
Legislative authority. 1t would argue a
total absence of honor and integrity.
1t is well known that the Convention,
which was held in Lawrence the Cd day
of December was called and assembled
before it was known that Gov. Stanton
had convened a special session Of the
Legislature. Its object was to deliberate
upon the course the people should take
in that emergency and did not eontem-
plate the calling of an extra session at
all.
Therefore the proclamation of the Gov
ernor left little for the Convention to do.
We say it boldly and without any fear of
successful contradiction, that the policy
adopted by that Convention was different
from what it would have been had the
proclamation been issued before the pri-
mary Conventions were held. And, fur
ther, it was different from what it would
have been had discussion been allowed
upon the resolutions, before their adop-
ton, and had all the delegates understood
the facts, as they should have done, in
regard to the pledges made by members
of the Legislature and leading citizens to
Gov. Stanton, which induced him to con-
vene that Legislature as he did. The in
structions or suggestions to the Legisla-
ture then about to assemble, clearly was
not the "sober second though of the
people. Subsequent events prove the
truth of this. The blame is not upon
the Legislature, if there is to be any Gen.
sure expressed at all, it should be against
the Convention which. without sober de-
liberation, adopted a policy not suited to
the emergency.
The submission of the Topeka Consti-
tuition at the same time the Lecompton
Constitution was to be submitted would
have been by the Legislature not only a
gross violation of good faith on their part,
but would have been illiberal and unjust
to that large portion of the people of the
Territory who are not in favor of either
one or the other-compelling men who
are as much entitled to their opinions as
those who sustain either of the Constitu-
tions to choose between the evils.
We are ashamed to know that there
are Free State papers that censure the
just and honorable course of the Legisla-
ture. But our neighbors may be assured
that so honest and intelligent a body will
never deviate from the path Of duty to
make their policy successful. Why is II
that the Legislature gets all the condem-
nation; why is not something said about
certain individuals of high position who
were not bound by pledges. that have ac-
quiesced in this determination of thai
| BODY. who. on the day of she Convention
made loud speeches in favor of submit.
ting the Topeka Constitution with the
Lecompton Swindle? If any one j.
blameworthy it is there. The Gonven-
ton in that Topeka matter only went of
at half cock. 1t is likely to reconsidel
its steps. and it is to reassemble undoubt
edly for that purpose. What position vii
the weathercock take next
l ftF The Hon. RoRERT TOXINS ha.