The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1858-02-11

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establish the combustion sought. It would on
that hypothesis be conclusive as to the will Of
Congress, and, il you choose, Of the will Of
the people of the organized States, expressed
inlegai form by their. representatives in Con-
gress, but MT Of the people of a Territory ont
side OF these States Tie Kansas Nehras ska
bill was enacted into law on the supposition
that the will OF Congress might be different
from the will Of the people OF the Territory
that 1t might be even in conflict with it, and
In antagonism with their best interests and
hence the necessity Of the Kansas bill to set
them free--to emancipate them--.o enable
them to differ with Congress. Hence we are
not to enquire what was the will Of Congress
as expressed on this or any other ct subject Of
legislation; hut what did the people Of Kan
sas decresP They put forth the creative act
when they authorized the election Of delegates
What was their .decisionp
|. But it is argued again that this power OF
final ratification must have been reserved by
the people. because the President ell that
the constitution would be submitted, as is clear.
~ set forth in his instructions to Governor
Walker; because Governor Walker. in his in !.
augural address,, and numerous speeches,
pledged himself that it should be submitted;
and because Mr.. Calhoun, and others, during
their candidacy for seats in this convention,
were "p!edged in writing" to exert their ut.
most influence to secure this result.
But this "inaugural address' OF Governor
Walker was not even an official paper. It was
not required Of him in the discharge of any
official duty. It was simply fugitive letter
written for the newspapers, and of no more
validity than his stump speeches.
But clothe this letter, and these stump speech
IS, and this pledge sin writing" Of General
Calhoun, with all the pomp and circumstance
Of official acts, and they will not tend to sus-
tain the conclusion. The Presidents instruc-
lions, the Governors newspaper correspond
ence and stump speeches, and Calhoun's pied
ges In writing, may be conclusive as to their
purposes, but they do not even tend to prove
that the people Of Kansas had reserved the
right to vote for and against the adoption of
the Lecompton constitution. You must look
for an expression of the will Of the people in
their own official acts. When im2artially
considered, these considerations prove the con-
verse. Whence the necessity Of promises and
pledges to submit the constitution to vote Of
the people, il the people had in fact reserved
the right to ratify or reject it at the polls?-
Pledges to secure this for the people imply
that the people had parted with il, or lost the
power to exercise it, and that this right was to
be created anew.
1t is commended, however, that under all of
these circumstances, the people of Kansas did
expect and had right to expect, that this in.
strument woal be submitted 10 them for an
provs. But this is q mere assumption with.
outthe slightest support in facts as they really
existed. The people did not expect the sub
mission Of the Lecompton constitution to a
faiI vote Of the electors at the polls and hence
| these pladges Of the President, and Of the
Governor, and Of Calhoun and his accomplish
to dende them into the recognition of its lie.
gality, by voting under the territorial law au-
thorizing its formation. And the people had
no right to expect its submission, these solemn
pledges notwithstanding. For no previous
pledges Of this Government and its officials in
Kansas to secure the free State men in the en-
joyment of their Just rights, had eyer been re-
deemed. To confde in the pledges Of theil
officials, they had learned by sad experience
was to lean on broken reed. by which they
had been uniformly pierced; and the result has
not disappointed their expectation.
But the Senator from Michigan, Mr.. Stuart
argues that the Lecomoto Constitution shopit
be repndiatet by Congress on account of thu
gross frauds which deprived the people Of /.
far expression of their will at the election
and he appeals TO the statement Of Governor
Walker.
! F;om this statement Of the Governor, in
dorsed by the honorable Senator, it appears
that in half of the counties. no census wa.
taken, and that. in the appointment Of dele.
gates based on the census, the people Of thes
counties were absolutely excluded from re.
presentation, 50 that the legal right to vot
would have been uaavailing; that in fifteen Of
F! the counties, the names of the voters were no
registered. and on that account the elector
were incapable of voting; that this legal ina
bility was placed beyond cavil ny the uncer
emonious exclusion Of delegates from seats il
this convention elected in few Of these pros
cr;bed diAtricts, lin the absence of a census
and registry; that majority Of the elector
in the territory were thus deprived of the cleo
tive franchise that this did not result fror
neglect or indifference, on the part OF tn
people, bst from the culpsble, not to sa
criminal refusal Of the officers of the territor,
10 carry out the provisions Of the law; and
consequently, that this convention represen
ted majority only Of the people.
AMI the Senator strongly intimates, wha
the whole conatry knows, end what l, in m
place here. on my responsibility as Senator
distinctly charge, that this criminal negiec
was by design, and for the purpose Of exclu
ding a fair expression Of the will OF the PEG
pie; and that the Officers Of this Government
including the President, with a full knoledg
Of these facts, have openly participated in thi
open and fragrant robbing Of the people of thei
dearest rights az American citize ns-the rigf
to select their own rulers and make their ow
laws and that the acquiescence Of the peopl
has been coerced by the President by the US
Of Federal bavoneta To a..nnosa the cor