The Placer herald., 1858-05-01
NUMBER "a.

nouncement of which is filed with the papers of
this report From that it will be seen that not
vote was returned as having been cast in that
election in sepen of these thirteen counties about
the Acknowledgement of which much complaint
has been made. These seven counties are We'll
ler Wise, Butler, Wilson, Godfry, Greenwood,
and Hunter. Nor there vote at that cleo
ton in either of the three unorganized counties
of Washington, Clay, and Dickinson.
In two of the thirteen counties stated above
to wit: Madison and Woodson-there were but
90 votes cast-4O in the former and so in the lat
ter and but |, ,l36 in the four remaining--to wit:
Franklin 504; Breckenridge, l9l; Coffee, 453;
and Anderson, ILL., that if the election of the
4th January should be received evidence of
nything, it would prove nothing more conclusive
! ly than that the clamor about the disfranchise-
ment of half the people, or even a considerable
portion of the people of the Territory, is utterly
groundlcss and resorted to only as prctcxt for
the want of something more solid. This preteXt
becomes the more glaring when the cause of there
being no registry in these four counties of Frank
lin, Breckenridge, Anderson, and Coffee is under
stood. This is fully explained not only by the
statement of Mr.. Calhoun alluded to-, but by the
deposition of Geo. Wilson to be found in Senate
Document No. 81, at this session. From these
and other notorious facts the real and true cause
of failure of registry of voters in these coun-
ties, and consequent failure of Representations
being apportioned to them in the convention, too
clearly appears to need much explanation. The
parties in whose behalf the cry of disfranchise-
mcnt is now raised prevented the registry them
selves. Since the organization of that Territory
there has been in it class of men whose avowed
object was to oppose and overthrow all legal au-
thority. They went there with this purpose.
their object was to set up an imperium IN imperio.
In the language of the President they have been
in estate OF rebellion against the legally con-
stitutcd authorities from the beginning. This is
fully established by numerous reports of Govern
ors Shannon, Gcarey and Walker, and Secretary
Stanton They were. to great extent, the emiss-
rics OF those who denounced the Kansas bill when
| it passed rs great wrong and an outrage"
and who were resolved to defeat its peaceful OPP
tion.
To show the groundlessness of the first clamor.
as well as the last. we might here inquire what
was the wrong or outrage OF that bilr Was 1t u
great wrong or outrage to permit the people of
New York. Massachusetts, or other States Of the
North, as well AS the people of the South going
into new Territory, the common property of all.
to be as free as they were at their native homes;
and in forming new States to enjoy the same
rights which their fathers did in the formation OF
all our present State constitutions and govern
mcnts? This is just what that bill did on the
main question of controversy in kansas-nothng
morc-nothing less But, rather than this
great principle of right, justice. and equality
| carried out this class of men went to that Ter
ritory to defeat it at every hazard. Setting them
selves up in defiance of law from the beginning
they now denouncc constitution made by those
who contormcd to law "a fraud "a cheat"
and IA swindlc." But the more ultra of the
same party elsewhere have long since said much
worse things of the constitution of the United
States. This class of macontcns in Kansas
organized in party having the control of some
| of the counties. They refused to recognize the
validity of the law requiring the registry to he
made They opposed its execution, both by
| withholding their names in some instances,
and in others by driving the officers whose duty
it was to make it, from the country, with threats
to take the life of any who should attempt it,
This was particularly the case in Anderson and
Franklin counties. If, thcn these counties were
unrcprcsented in the convention their disfran
chisemenf was the work of their own people.
Another significant fact to be noticed from the reg
stry and apportionment together with the official
report of the 4th January is this: that the five
counties-to wit; Leavenworth Atchson. Doug
las Doniphan, and Jefersonat that election cast
an aggregate vote of 5.llS, which is Il majority of
the whole vote reported to have been cast through
out the entire Territory against the constitution.
! And yet all these counties were registered and
represented in The convention. They had SO of
the 60 delegates of which that body was composed.
Now, if il be true that the opponents of the con-
stituton are so largely in the majority in those
counties, and are so violent in their opposition,
as they are represented to be, why did they NOT
elect men to the convention who would have form
ed constitution more to their liking? Thcsc
counties alone, by the registry, had within four
votes of twothrds of the convention, and could
have made just such a constitution as would have
been most agreeable their people. If they re-
fused to act az the proper time, why do they COM
plain now? If others conforming TO the law, !,
went into the convention and formed constifu-
tion to suit themselves was il not their fair, just
and legal right TO do il? These complaints come
TOO late, even if they come from orderly, law-abi
ding citizens. AS well might the thousands who
abstain from the polls, or threw away their votes,
AZ the last Presidential election, now come for
,var nd n1o fI,n 1rnin icfr
illegal. and should be set aside because the in
augurated Chief Magistrate did not receive q ma
jority ofall the legal voters of the United States
as for these people now TO complain of the result
of their own laches or illegal acts, or to seek to
remedy il by any such irregular proceedings as
the vote taken on the 4th January against the con-
stitution, after il had been legally adopted.
But the inquiry is made whether the constitu-
ton is acceptable and satisfactory to majority
of the legal voters of Kansas. This is matte r
the committee could not ascertain and report
upon with certainty without polling every legal
voter in the Territory; and if they had gone
there and taken the vote themselves for and
against the constitution perhaps, the majority
might have varied from one side to the other by
death, emigration, or change of opinion, before
their report could have been made That course
of invcsti CATION is wholly impracticable The
only proper mode of pursuing the legitimate
inquiry before Congress, in the Judgment of the
committee, is to ascertain whether the cOnstu-
tion embodied the legally and fairly-2Xpress,d ,d
will of those who by their acts acknow wledged
themselves to be bona fde citizens and consistent
elements of the society or political community
to be organized in State within its jurisdiction.
Those who by their acts show themselves not to
be bona fde citizens, but maia fde residents, and
even self-acknowedgcd outlaws by their open
hostility to all civil authority should not be con
sidered or taken in the count. The convention
that formed the constitution was as fairly consti-
tuted as could be with the view of allowing every
bona fde citizen in Kansas entitled to vote to
have free opportunity to be heard in its forma-
ton This Mr. Stanton said; this Gov Walker
said; this Judge Douglas said; this also apun-
dainty appears from the facts and evidence now
submitted The only correct test of the will of a
majority of the bona fde voters of Kansas upon