The Kansas herald of freedom., 1857-08-29

elect our own representatives and sweep
them from the statute book. and that as
a majority of our Supreme Court have so
far forgotten their official duty-haye so
far cast off the honor of the Lawyer and
the dignity of the Judge as to enter cloth
ed with the judicial ermine into parti-
zan contest, and by an extrajudicial de-
eision given, opinions in violation of all
propriety, have preiudged our case before
We could be heard, and have pledged
themselves to these outlaws in advance;
to decide in their favor, we will therefore
take measures to carry the question of the
validity of these laws to higher tribunal
where judges are unpledged and dispas-
sienate-where the law will be admins
tered in its purity, and where we can at
least have the hearing before the deci-
sion.
Resolpel, That we will endure and sub
nit to these laws no longer than the best
interests of the Territory require, as the
least of two evils, and will resist them to
a bloody issue as soon as we ascertain that
peaceable remedies shall fail, and forcible
resistance shall furnish any reasonable
prospect of success; and that in the mean
time we recommend to our friends
throughout the Territory the organization
and discipline of volunteer companies and
the procurement and preparation of arms.
Resotued, That we cannot, and will not
quietly submit to surrender our great
"American birth right'-the elective
franchise; which, first by violence and
then by chicanery, artiice, weak and
wicked legislation they have so effectual-
ly accomplished, to deprive us of, and
that we with scorn, repudiate the "elec-
ton law" so called-and will not meet
with them on the day they have appoint
ed for the election-but will ourselves
fix upon day for the purpose of electing
Delegate to Congress.
Mr.. Lane moved to strike out of the
report all Of that part impeaching the ac-
ton of the Territorial Supreme Court
Lost.
Several motions were made to amend,
but it was finally adopted with but one dis
senting vote.
COMMITTEE ON CONGRESSIONAL ELEC-
TIoNs.
The Committee on Congressional dele
gate, reported throughMr. Lowry as fol-
lows:-
Whereas, The citizens of Kansas Terri
tory were prevented from electing mem
bers to Territorial Legislature, in pursu-
anee of the Proclamation of the Execu-
tive on the 30th of March last, by armed
mobs who came into the Territory and
forced upon the people the votes of non-
residents and aliens, inimical to the inter.
ests of the resident voters of Kansas Ter
rltery, thereby defeating the objects OF
the Organic Act, which among other
things provided that after the first elec-
ton the Legislature should provide for
the election of Delegate to Congress;
and
Whereas The legislative body lately
sitting at Shawnee Mission were not at
place where valid laws could be made
and where, consequently, no valid provi-
sion for the coming election could be
made; the people are driven to the ne
cesslty of meeting in their sovereign ca
pacity to provide for said election; there
fore,
RESOLVED, By the citizens of Kansas, in
convention assembled, that an election
shall be held in the several election dis.
tricts in this Territory, on the I'd Tuesday
of October next under the regulation pre-.
seribed for the election of the Both ol
March last, in reference to the places and
manner of holding the same, and the
manner of making the returns, as well a:
all matters relating to the formula of the
election, excepting the appointment o.
officers and the persons to whom returns
shall be made, which shall be determined
by this Convention, for the purpose o
electing Delegate to represent this Ter
ritory in the 34th Congress of the United
States.
The reasons of policy which have in
duced your committee to recommend tn,
separate election, are several: First, {,
vote upon the same day at the same poll
would be an acknowledgment of the righ
of the late Legislature to call an election
This objection might be obyiated shoult
we go to the polls in obedience to the de
eision of this Convention, but then anothe
difficulty occurs. From evidence giyel
before us, we are convinced that larg
portion of the Free State party will de
cline to vote at the expense of an oath t.
support specially named laws, nor is thi
sentiment confined to the opposers of tn
| Fugitive Slave Law and Others mention
ed, but extends to the believers in th
justice and propriety of that enactment
among whom are some members of you
committee.
Second, Should we be disposed to yot
at the day appointed by the Legislature
past experience tells us that we shall b
force be prevented from exercising tina
right of freemen, while by the adoption G
a second day we avoid unnecessary dis
turbance, and may send our Delegate I
claim his seat, confident that the last foe
taken with the various legal grounds VIII
the Legislature were incapacitated fror
making binding laws, viii claim the e
vorable attention of Congress. We woul
recommend the appointment of commit
mlttee TO draft memorial TO Congress
setting forth more elaborately the reason
which have induced this course, and whic
may be placed at each poll on the day {
election, finally appointed by the Convel
ton, so that it may be signed by ever
voter. We also recommend that dupl
cate copies of the returns be made, an
one copy presented to the Governor of Il
Territory for his signature andlt seal
the Territory, and if he refuse, then Il
other duplicate copy may be sent toWasl
ington.
Upon the other subject referred I
!. the committee recommended the follow
| ing;-
Rsso1ral. That this Convention yo
for Delegate riua socs.
The resolutions and report were adop
+ led.
MIscMI.Axrous EHsISEss.
The Committee on Miscellaneous Bu
iness reported the following resolatiO
which were read, and on motion Of D
Z ! - !.