The Kansas herald of freedom., 1857-12-05

The Committee on resolutions reported,
through their Chairman, Gen. Lane, the
following preamble and resolutions -
We, the people of Kansas in Delegate
Convention assembled, at Lawrence, this
I'd day of December, 1857, do set forth
the following to our fellow citizens and
the people Of these United States. Cir
cumstsnces of an extraordinary character
threaten TO imperil the peace of this
Territory, and to deprive majority of
cur people of their rights as citizens of
this republic to govern the same.
On the 30th of March, 1856, an armed
force from Missouri violently took posses
sion of the polls in Kansas, and fraudu-
lently elected Territorial Legislature,
with sentiments adverse to the opinions
of majority ofthe people, which enacted
laws cruel and oppressive. A Legisla-
ture, composed in part of persons elected
as above, and of other persons, elected in
October 1856, in like violent and fraudu-
lent manner, and under degrading test
oaths enacted by the previous body, pas
sed an act for the creation of a Constitu-
tional Convention under partial and
partizan regulation and apportionment,
and in the election of members TO said
Constitutional Convention, the law pro-
viding for the same was never complied
with in many important and essential
particulars, especially in taking the census
of the people, and registry of the voters
of the Territory, fifteen entire counties
being totally DISTINGUISHED, and many OF
the voters in the other counties left Off
The Convention that assembled in Lee
compton in September last, thus elected,
have proceeded to frame Constitution
for the State of Kansas, in defiance of the
fact that they, by their own record, repre-
scented small minority of the people OF
this Territory. being only seventeen hun
hired out of eleven thousand voteP regis
terd by them, and twenty thousand vo-
tiers conceded to be in the Territory; that
their proceedings were protested against
by the people on the ground of Illegally
and unfairness, and that the presence of q
portion of the United States army was
necessary to protect them during their sit
tings, against the Indignation of an en-
ragged people. In the face of these facts
they refused to submit the instrument
they have thus framed. to a vote of the
people for ratification or rejection.
They provide for swindle, styled by
them an election, in which neither the
Constitution, nor any material part thereof
can be elected or rejected. They have
pending this action, provided for State
election on the first Monday of January
next, under said instrument. and under
the authority of usurping Regency, un'
known to Constitutional authority, and
dangerous to the liberties of the people
the design of the same being to rob from
the people of Kansas their rights, as Sc
cured through the ballot box in October
last, and destroy the only legitimate Ter
ritorial legislative body ever in Kansas
This dangerous assumption of power call:
for prompt and efficient remedy from
the people, the only legitimate source o.
power, Therefore,
Resolved, That we utterly repudiatt
said Constitution, framed at Lecompton
that it is an instrument hostile to the pop
ular will, and appealing to the God o
Justice and humanity for the rectitude o
our intentions, we do solemnly enter int
league and covenant with each other
that we shall NEVER, under any circum
stances, permit the said Constitution, 81
passed, and NOT SUBMITTED, to be the
organic law for the State of Kansas, bu
do pledge our lives, fortunes and sacred
honors in ceaseless hostility to the same
RESOLVED, That we denounce the so
called election OF December 21st as ;
swindle, and the election of January 4th
1858, as a crime, and misdemeano
against the peace of this Territory, ant
the will of the majority.
Resolved, That the Legislature elected
in this Territory, on the 5th day of Octo
Der, 1857, is the only legitimate law max
ing body that has ever been elected fo
the Territory of Kansas, and that its func
tons shall not be superseded by any
Constitution or State government, until :
fair and impartial vote shall be had on the
same.
ResolUed, That this Delegate Conven
ton does hereby re-endorse the Constitu
ton known as the Topeka Constitution
and do declare it to represent the wishes
of the majority of the people of Kansa
to-day, and that when it shall have agar
received the popular sanction, under thu
authority of the only legitimate Terrific
rial Legislature ever convened in Kansa:
Territory, recognized by the authority Of
the United States, that we shall maintain
it against all opposition.
ResolUed, That, looking chiefly to the
above end, we respectfully memorabilia
the Territorial Legislature, about to con.
vene in extra session on the 9TH inst, to
frame fair and impartial election Law
and that they, underit, do submit the two
Constitutions-the P Peoples Constitution
framed at Topeka, and the Constitution
framed at Lecompton, to vote Of the
people of this Territory, and that the
said Legislature provide that the Consti-
tuition which shall receive a majority Of
all the legal votes shall become the funda.
mental law of the State of Kansas.
The report was received with three
hearty cheers, and unanimously adopted
without discussion.
Gen. LANE, after repeated calls, finally
took the floor. He stated that the condi.
ton Of the Free State party in Kansas
reminded him of the idea expressed by
Napoleon before the battle of Australia
when, seeing the condition of the enemy
and the certainty of triumph over them
he exclaimed, 1.-The victory is ours" thai
he fully appreciated the strength of oul
opponents, in their number and position
that in strengthening their TANKS. they
had weakened the center, which could b
pierced and the enemy routed by vigi.
lance and harmonious action among our.
selves. Our Free State army were never
as well united as now. 1t embraces l8. OOC
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