Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1857-12-31


Whereas, By reason of the defective provisions
of said law, in connection with the neglect and mis-
conduct of the authorities, charged with the execu-
ton of the same, the people living within the re-
manning nineteen counties ofthe Territory were not
permitted TO return delegates to said Convention,
we're not recognized in its organization, or in any
case heard or felt in its deliberations;
And Whereas, 1t is an axiom in political ethics
that the people cannot be deprive ed of their rights by
the negligence or misconduct of public officers;
And Whereas, \ minority, to wit: twenty eight
<2S) only, of the sixty members of said Convention
have attempted, by an unworthy contrivance, to i'm
pose upon the whole people Of this Territory Con
s,ltuton, Without consulting their wishes and against
their wishes;
And, Whereas, The members of said Conven
ton have refused to submit their action for the ap
proval dsapproyal Of the votes of the Territory,
and in thus acting have defed the will of nine tenths
OF the voters thereof;
And, Whereas, The action of fragment of said
Convention representing, as they did, small mi
nority of the votes of the Territory repudates and
crushes cut the distinctive feature of the "Kansas-
Nebraska act" and violates and tramples under
foot the rights and sovereignty of the people;
And, WheIeas, from the he'foregoing statement of
facts tclearly appears that 'the people have not
been left free toom and regulate their domestic in
stitutions ia their own way" but on the contrary,
at every stage in their anomalous proceedings reci
ted, they have been prevented from so doing.
BE it therefore Resolved, by the Governor and
Legislative Assembly of Kansas Territory, that the
people of Kansas being opposed to said Constitution
Congress has no rightful power under it to admit
said Territory into the Union as a State, and that
the Representatives of said Territory do hereby in
their name and on their BEHALF soemnlv protest
against such admission.
Resolved, That such action on the part Of Con
gress, would in the judgement of the members of
this Legislative Assembly, be an entire abandon
ment of the doctrine of ofnOn-ntervention in the af
fairs ofthe Territory-and substitution in its stead
of ofCongressional intervention in behalf of minor
ity engaged in dsreputable attempt to defeat the
will and violate the rights of the majority.
Resolved That the people of Kansas Territory
claim the right, through legal and fair expression
OF the will of majority of her citizens, form and
adopt Constitution fcrthemselyes.
Resolved, That the Governor OF this TERRITORY he
r quested to forward a copy of the foregoing Pre-
amble and Resolutions to the President of the Uni
ted States, thePresdent Of the Senate, the Speaker
of the House of Representatives, and to the Dele
gate in Congress for this territory.
JOINT TOPEKA RESOLUTION.
The following resolution endorsi ug the
Topeka Constitution as the Peoples Con-
stitution also passed the House and Coun-
I C yesterda Y:
Resolved, As the unanimous opinion OF this House
that the Cons sttution known the Topeka COnsti-
| tution emanated directly from the people under a
necessity which demanded its adoption for the
throw of government thrust upon them against
their will; that said Constitution has been twice
adopted by the people. and that as measure OF
justice to sovereign people struggling against gross
usurpation it is the duty of Congress to admit the
Territory OF Kansas under said Constitution one
ofthc Sttes of the American Union at the earliest
practical moment.
FURTHER LEGISLATIVE PROCEEDINGS.
To-day, December l5, learn the assem-
: bly, passed bill declaring the act of the
late Legislature, under which the Assassin
Convention derived its authority, to be
null and void and making it felony to hold
an election under it.
y bill was brought into the House pro-
vlding for the election of delegates to a
new Constitutional Convention, to be held
on the 18th of January next 1t was de-
feated in the committee of the whole. chief
I " on account of an Objectionable appor-
tionment which did not give fair repre-
sentatioa to Southern Kansas. 1t is sup
posed some similar project will be finally
adopted \ bill was also introduced and
read first time providing for the election
Of State officers under the Lecompton Con
sttution, on the 4th of January next
The object OF this is simply to gain pos
session, not to put into operation, of the
Locompton swindle, should we be admit
ted into the Union under it, 1t is propo-
sed to nominate the officers of the Topeka
organization, and use tho power they may
gain for the benefit of the people.
y bill, of which the following is a sy-
nopsiS, passed both branches to third
reading to-day, As will be seen, it pro
vdes for the taking Of a vote on the first
Monday of January on the Lecompton
Swindle.
SIC. Provides for an election on the first Mon
day of January. s5S, to vote for the rejection OF
ratification of the Lecompton Constitution. Al
citizens of the United States who have been in
: Kansas thirty days, and ten days in the precinct
where he offers to vote, Is legal vote. The bal
lots are b be marked, "becompton Constitution
with Slavery and mo Slavery, and no LccOmp
ton Constitution.
SEC 2i-Provides for the GOrern0r appointing
three Commissioners in each country, whose duty
il shall be to appoint polling precincts and Judges
of election.
SEc. 3d-Provdes for the manner of voting by
DdllOt, tne appointment OF ana fndilneT O
making ont the returns, one of which is TO be de-
posted with the Commissioners and the other with
the Governor.
SEC. ith-Provides that the Governor, President
of the Council and Speaker Of the House of Rep
resent atives, or any two of them shall receive and
examine the returns, and certify also the result OF
the vote upon the Constitution, making the same
known bv proclamation, and communicate the
same to the President.
SEC 5th-Provides that any officer who at this
or any other special or general election which may
be hereafter held, shall make fraudulent returns
&C., shall be deemed guilty of felony. and he
imprisoned not less than ono more than five
wears.
SEC. 6.h--Givcs the Probate Judges all iurisdic-
ton in cases arising under this act, and provides
that if any Probate Judges shall refuse 70 issue
wrts in any case, il may be carried before the JudS
es of the adjoining courts.
SEC. 7th--Provides for the repeal of all acts
cashng with this.
SEC Sth-The Passage Of the act shall be deem
cd sufficient for the holding of election.
SEC. 9th-Provdes that any person not legally
authorized to vote by this act, who shall cast his
vote at any election, shall be deemed guilty of icl
onv and on conviction shall be fined not less than
five hundred dollars or imprisoned not more than
one year. or both, at the discretion of the Court.
SIC. 10Th and | llth-Providcs for the future pay
ment of officers and the immediate going into effect
of this law.
MISCELLANEOUS ITEMS.
The Legislature will probably adjourn
NJ