The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-10-01
JUDGE GILMORE UPON KANSAS.

The Kansas Note Book, published at Tecum-
sch, contains an important communication,
signed "Scipio," upon the state of Kansas.
We learn from the Montgomery (Ala.) Gazette,
that the communication was written by Judge
Elmore, of Kansas; and it is the more interest
ing and important, coming from Southern
official in the Territory. The Gazette says:
GAS the views of leading Southern men in
Kansas have been anxiously looked for, we
have given them to the public whenever we
could obtain them. Last week, we were ena-
bled to state the position of General Whitfield.
To-day we present the views of Judge Elmore,
formerly of this city, whose article over the sig
nature of "Scipio," from the Tecumseh Note
Book, his numerous friends in this State will
read with much interest. 1t will be borne in
mind that he is a member of the Constitutional
Convention now in session"
We quote few paragraphs, which are the
most important in Judge Elmore's communica-
ton. After stating, with emphasis, that he is
not champion or apologist of Gov. Walker, the
Judge proceeds to reply to the enemies of Gov.
Walker in the South:
They charge him, first, with having ad-
vised the Convention, which is about to assem-
BILE to form State Constitution to submit it to
the people; and they seem to be laboring un-
der the impression that by the term people, he
intends to say that it should be submitted to a
direct vote of all the people who may happen to
be IN the Territory the day Of its Submission.
: l do not understand Governor Walker as occu-
{ plying any such position nor can l well see
others come to that conclusion, from the Ian
guage in which the sentence is couched. / I'M
derstand Governor Walker to mean that, after
: the Constitution has been formed it shall be
submitted to the then bona tide citizens of Kan
' sas, not the people IN Kansas"
/ The Judge then gives his opinion upon an
B important point
j. "And now the question arises, who are citi
!. zens of Kansas? l say, unhesitatingly, that
those are citizens who have been in the Terri
" tory that length of time recognised by law to
q entitle them to vote for Delegate to Congress
e members of the Legislature, the payment Of
I tareS, working on the public roads, &c. / un
derstand that it takes all these to acquire citi
zenship."
). Payment of taxes" is to be made an essen
= tial qualification of voter in Kansas. We think
:, there can be no doubt of this and the Free
State men in that Territory may as we'll qualify
!, themselves (under protest) at once. We quote
further from the letter:
"This conceive to be Gov. Walkers posi-
ton. If we are correct, then l say that Gov
u Walker is right. To this proposition 1 canno
e see how my Southern friends can object. TX
8 say that the Constitution should not be sub
mitted, or that, if submitted, it should be for
vote of the registered voters only, is simply al
= absurdity; under that rule, and strict con
L struction of the law, not one-half of the actua
re citizens of the Territory, for the last twelve
o months, would be allowed a vote; then, SHOULD
the negligence of officers disfrsnchise the citi
zens of the Territory? l think not. But t
Il the question, for whom and for whose bene6
y is a Constitution formed The peoples
it Then, if the citizens are to be affected by ii
ID they are the proper persons to determine thei
: system of Government. But they say tina
~ those only should vote who had voice i
ne electing the delegates to form that Constitution
ed for the delegates then elected represented tn
oy will of the ma critics, and that ma ority sha
70 determine this matter. That mejorities sha
rule, we all acknowledge; but suppose that tn
y Convention which meets in September deter
40 mine not to submit the Constitution formed unit
y. December or January next, and at that tim
b. those only are to vote whose names appear o
= the registry of last March. You certainly car
not say that majority of the citizens of KaI
Ss sas at the time of the adoption of the Consitr
tie ton, voted for the same. Consequently, 20
+? cannot have q Constitution representing tn
rs will of the majority at the time of its adoption
al You may have the Constitntion rspsfHssntioD c
III trine, # the Legislature had ordered an eleC
W. ton for a Constitutional Convention two wear
a. ago, and one had been agreed upon, but Cor
a gress, for some reason, had declined acceptin
! 1t up to the present time, although nineteen
u twentieths of the actual citizens were now or
posed to it, it would be impossible for them t
II. change it; and thus you see, at once, the Cor
| atIfutinO fOrnod Mould h n.
tion representing the voice of the people at all
tor If the people that were here in Marc
30 last have the right to form our Constitution
er for US, the people here two years ago ha
Ill the same right, if the Legislature had onl
ordered it. Then we say that every man, VIII
by law is entitled to vote for Delegates to Con
. gress, or Legislators, and subject to taxation
. at the time of its submission should be entile,
u to vote for or against the Constitution thes
} u things being the prerequisites of citizenship
Our readers will observe that Judge Emor
ut Is indirectly in favor of the submission of tn
proposed Constitution to the legal voters G
lie Kansas-according to his construction of tn,
IN laws. He admits that it would be grossly IN
lar TO refer the Constitution to registered voter
at only, for the officers of the Territory have neg
r lected their duty" then should the negligence
IL OF officers disfranchise the citizens of the Ter
Of ritory?" A pertinent question, and we'll pu
~ by Judge Emore. We are glad to see his let
H. ter in our Southern exchanges, and hope tha
ot the ProSlavery citizens of Kansas and the Bor
j, der Rufhans of Missouri will ponder it well
The prerequisites of citizenship" stated 81
IS dogmatcally in the letter, may be questionable
,e but we shall be thankful if Judge Elmore cal
bring the enemies of Freedom in Kansas II
e subscribe to his opinions on other points a
If issue.
Gs COMPENSATED EMANCIPATIoN.-The South
ern press universally ridcules the idea of q
1t compensated emancipation. The subioined
o paragraphs, which we cut from the New Or
e leans Delta, are fair sample of the South
e ern press upon this subject:
re "Why, Messrs. Philanthropists the produc
If tive value of the slaves you propose to pur
chase, for one year alone, and in the article o
;. cotton alone, is not less than $3.50 600. 900 Del
II year, about one sixth of the aggregate amonn
y of your extremely liberal offer. You tende,
the price of only six out of thirty crops of cot
I, ton for which one generation of slaves ia gooc
/. for But worse than that, you would paw the
= greater part of the compensation out of the
IL nopkpta Of tho uaho15.-z