The Kansas herald of freedom., 1858-02-20

21st inst, could not be conducted without
collision and bloodshed." So intense was
the disloyal feeling among the enemies OF
the government established by Congress,
that an election which afforded them OF
portuBities, if in the majority, of making
Kansas free State, according to their
own professed desire, could not be con-
Quoted without collision and bloodshed.
The truth is, that until the present mo-
ment the enemies of the existing govern
ment still adhere to their Topeka revolu-
tionary constitutional government. The
very first paragraph of the message OF
Governor Robinson, dated 7th December,
to the Topeka Legislature, now assembled
at Lawrence, contains an open defiance of
the laws and constitution of the United
States. The Governor says -
sThe Conyentioie y hich framed the
Topeka Constitution originated with the
people of Kansas Territory. They have
adopted and ratified the same twice, BY a
direct vote; also indirectly through two
elections of State officers and members of
the State Legislature yet it has pleased
the administration to regard the whole
proceeding revolutionary"
This Topeka government adhered to
with such reasonable pertinacity, is a
government in direct opposition to the ex-
isting government presented and recog-
nized by Congress.
1t is usurpation of the same character
as it would be for portion of the people
of any State to undertake to establish a
separate government within its limits for
the purpose of redressing any grievance,
real or imaginary, of which they might
complain, against the legitimate State
government. Such principle, if carried
into execution. would destroy all lawful
authority and produce universal anarchy.
From this statement of facts the reason
becomes palpable why the enemies of
the government authorized by Congress,
have refused to vote for the delegates to
the Kansas constitutional convention, and
also, afterwards, on the question of slave
~, submitted by it to the people. 1t is
because they have even refused to sane
ton or recognize any other constitution
than that framed at Topeka. Had the
whole Lecompton constitution been SUBJ
mitted to the people, the adhereuts of
this organization would doubtless have
voted against, because, if successful, they
would thus have removed the obstacles
out of the way Of their own revolutionary
constitution. They would have done
this, not upon the consideration of the
merits of the whole or part of the consti-
tuition, but simply because they have ever
resisted the authority of the government
authorized by Congress from which it
emanated.
Such being the unfortunate condition of
affairs in the Territory, what was the
right and duty of the law-abiding people ?
Were they silently and patiently to sub
nit to the Topeka usurpation, or to adopt
the necessary measures to establish con-
stitution under the authority of the Or
ganic law of Congress. That this law
recognized the right of the people of the
Territory, without an enabling act of Con
gFess, TO form State constitution, is too
clear for argument For Congress ito
leave the people of the Territory perfect
ly free" in framing their constitution ''to
form and regulate their domestic institu-
tiOns in their own way, subject only to
the Constitution of the United States, -
and then to say that they shall not be
permitted to proceed and frame the con.
stitution in their own way, without ex-
press authority from Congress, appears to
be almost a contradiction of terms. 1t
would be much more plausible to contend
that Congress had no power to pass such
an enabling act, than to argue that the
people of Territory might be kept out OF
the Union for an indefinite period, and until
it might please Congress to permit them
to exercise the right of self government
This would be to adopt not their own
way, but the way which Congress might
prescribe. 1t is impossible that any peo-
pie could have proceeded with more reg
ularity in the formation of a constitution
than the people of Kansas have done. Il
was necessary, first to ascertain whether
it was the desire of the people to be re-
ieEed from Territorial dependence, and
establish State government. For thi:
purpose the Territorial Legislature, il
1855, passed a law for taking the sense Of
the people of the Territory upon the ex.
pediency of calling convention to form
a State constitution. At the general elec.
ton to be held in October, 1855, the
"sense of the people'' was accordingly
taken, and they decided in favor of con.
stitution.
| 1t is true that at this election the enc
mics of the Territorial government did
not vote, because they were then engaged
at Topeka, without the slightest pretex
OF lawful authority, in framing eonsti
tuition of their own for subyerting the
Territorial government. In pursuance O
this decision Of the people in favor of th'
convention, the Territorial Legislature, oI
the 9th of February, 1857, passed an &C
| for the election of delegates on the thirt
Monday of june, 1857, to frame Stat
constitution. This law is as fair in it
provision as any that ever passed legis
lative body for similar purpose. TIL
i right of suffrage at this election is clearl,
and justly defined. Every bona .Jsde citi
| zen of the United States, above the ag,
! of twenty -one, and who had resided there
I in for three months previous to tina
date was entitled to vote. In order t,
avoid all interference from neighborini
States and Territories with the freedom
and fairness of the election, provision
was made for the registry of qualities
voters, and pursuant thereof nine thou
| sand two hundred and fifty-one vote
were registered. Gov. Walker did hi
whole duty in urging all qualified citi
zens of Kansas to vote at this election
| In his inaugural address On the 9th 0
May he informed them that
Under our practice the preliminar.
act of framing State constitution is uni
formly performed through the instramen
!. tality of a convention Of delegates chosei
! by the people themselves. That conyen
tiun is about to be elected by you unde
/. | the call of the Territorial. Legislature
created and still recognized by the au
4 thority of Congress, aud clothed by it, i
the comprehensive Language Of she organi
:. Law, with full power to make such a
enactment The Territorial Legislature
n then, in assembling this convention. wer