Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-04-18

Tho Policy Decided Upou by the FrccsSiaic
pnrty-Nicws of the "Nutionni Era"

I've policy OF the late administrator lh IT, 1
lation to Kansas, is TO be maintained The |
Territorial Judges and officers, the instruments
of so much oppression, are to be continued in
office. Whitfield is appointed Register, and
Daniel Woudson, Receiver, for the Delaware
District in Kansas. Mr.. Buchanan recognises
the validity of the So cllled-Legisature, and of
all its acts so does the party that elected him
so does the party that shall sustain him in the
next Congress. In the Senate it has decided
majority, in the House it will have an avaia-
bic one. The Republicans will number only
81 in body of 23l-a strong minority, but not
enough to carry through any measures for the
relief Of Kansas. The Pro-Slavery usnrpaiion,
then, In that Territory, will be sustained for
the next two years by Congress, for The next
four years by the Federal Executive.
The question arises ought not the Free
State men of Kansas, mdcr the change Of cir
.ctuylstdaccS, to changetheH polcy2 Indeed has
not the late action of the spurious Legislature
qaved the way for such a changed
1t repealed the act imposing as a condition
to the exercise of the right of suffrage, an oath
to support the Fugitive Slave bill and the so
called Territorial laws, so that iona .fde set
tiers may not vote at any election, without in
curing the guilt and Gishonor involved in sub
mission to such tests.
1t also passed an act for enrolling the voters
of the Territory, and providing for the election
of delegates to Convention to form State
Constitution.
The act as might have been expected, is 50
framed as to invest the officers appointed BY
the spurious Legislature with the supervision
and direction of the whole process of forming a
State Government, from the taking Of the cen
sus TO the organization Of the Convention and
the manifest purpose is, TO secure packed Con-
veniion and Pro-Slavery Constitution.
STILL in view of the considerations presented
in the beginning of this article, and ofthe utter
hopelessness of relief from this Administration
or the next Congress, toe did hope that the Free
State mcn Of Kansas pouM .JoreeO distractions,
and, placed as they are at a disddrantdge, meet
.tiqr ddrersdrics at the Jallof-bor. But, our
readers are apprised of the position they have
taken.
Living so far from the scene Of action, with
sincere respect for the Judgment Of men who
have suffered so much in the cause of Liberty,
1T is with unfeigned diilidence we avow our dis
sent from the practical position taken. We
admit all that is said in the preamble, and yet
cannot accept the conclusion. The body which
passed the act, is not Legislature; the act it.
self is without legislative authority in itself
it is partisan, passed with view TO secure a
partisan result, and accompanied by no adequate
safeguards against fraud it does exclude from
suffrage residents entitled to vote under the or
ganic law; and it contains no provision for sub
NIT Ia IN ha H.
people-and yet, the people of Kansas may par
ticpate in the election without compromising
their rights as American citizens; and, if there
be no other mode Of securing relief from OPP
preston, without sacrificing the best interests
of Kansas, and jeopardng the public peace.
In the first place, they can rote, free from The
imposition IF The test oaths, without being re-
quired 10 recognize the authority of the spuri-
GUS Legislature, or of any of its acts.
In the next place, no such recognition is i'm
No ierritofial egislaitire, wnhouti authority
from Congress, can change the government of a
Territory The Free State men, in their pre-
amble, say that "the organic act does not au-
thorize the Territorial Legislative powers, even
when legitimately convened, to pass any ena-
bling act TO change the Government of the
same" That is true. A lawfully constituted
Territorial Legislature, or a spurious one, may
initiate proceedings for change of government
may take the lead in calling a convention &c
form State Constitution the convention Sc
called may meet, and agree upon the plan Of ;
constitution but, unless the whole action ha.
proceeded under an enabling act of Congress
the proceedings are of no binding force The
constitution is without vitality the Territorial
Government continues there is and can be M
change till Congress act. If Congress raify
what has been done, the Territory becomes
State, and the constitutions goes into effect. |
not, not. So the people themselves might, il
their primary assemblies, or by convention, tax,
the lead, call delegate convention TO form
State Constilution-or, rather, the plan of on
without any enabling aid by Congress. Blu
their action would have no binding force, un
less ratified by Congress.
What is the practical inference That th
Free State men, while formally denying tn
authority of the spurious Legislature, and pro
testing against the unfair and partisan nature q
its act providing for an election of Delegates t
Convention, still, pressed by the necessite
OF their condition, no longer required TO submit
TO unconstitutional test oalhs and seeing no 9th
err way of redeemlng themselves from gros
usnrpation, may, ,cithom compromising Mci
rights as American cHisns, take part in I'M
election, as they might in any other election il
itialed by an irresponsible body, provided
sound discretion justified the step.
Whether or not such participation woul
involve a sacrifice "of the best interests Of KaI
sas," and leopard ''the public peace" is que
ton in regard to which lar-minded men ma
hon esly differ.
What hare our friends to gain By not talin
part in The election The census of voters ha
already been taken the lists are now bein
filed. All this they cannot prevent. Woul
it not be better 10 have the lists correct an
complete The Probate Judge may enlarge an
correct up to the first Of May next, and I'll
lists are to be printed If the Free State me
stand aloof, they expose themselves TO misre
resentaiion that they could easily prevent
why not appoint committee in every precinc
IN cpal i,a af Gal O.