Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-04-21

AGAINST a much larger vote on the 4th Of January.
These figures indicate suspicion Of fraud which IS
strengtheaedby the facts that the fres-soli party
has generally been beaten by their opponents; that
in two elections when they knew their opponents
would measure strength with them they refused TO
vote, although they knew in each instance, II they
had the majority they could, By their nat at the /
ballot-box seal Kansas free State, and silence
forever the voice Of opposition Nor IS q unreason-
able to suppose party would be inelied to frauds
on the ballot-box by leaders who have set them
selves up ia open hosIilityto the existing lawful
government, the best earth, securing equal Fights
to all and have marshalled their cohorts to carry
out their ambitious designs by the sword snd the
bayonet Such facts raise strong PROBABILITY that
a faithful investigating committee would make some
startling developments.
Rut s1npose At the election on the 4th Of Janua-
~ all the votes were given by legal voters and that
there is actually majority in the Territory against
the LecomptOn constitution; ought the bill for the
admission Of Kansas under 1t TO be rejected! an
sWer. no. The constitution, as have shown, was
regularly, legally, properly made, according 70 law
to the forms, nature, and practice OF our govern
mental system Il was ordained BY the Convention,
clothed nth he entire soUsTeqHof The people as the
constitution subject to the approval or rejection by
the people of the slavery clause In the exercise OF
their sovereign power they prescribed IN the cons-
tuition the time and manner Gifts approval or reIee
ton: and they could not be altered bya legislative
assembly. the mere creature OF the organic law of
the Territory without any sovereign power II
they had power to do it, they had the same power
TO alter any other provision section or article IN the
constitution. The establishment Of such doctrine
would sap the foundation, and at one blow, strike
down all constitutional government
The election of the 4th Of January, was, there
fore. without lawful authority. 1t was a mere pop
ular Assembage aud expression of opinion BY those
who took part in it. No one would be entitled to
legal redress for a refusal Of his vote, or liable
vofn nj
have auy legal effect, or be binding on any one =
1t is but naked absurdity to say 1t could legally
inyalidate or weaken the constitution ordained
bv the convention, and ratified by lawful election
Of the people on the 2lst of December
But have heard the position assumed that, mas
much as the Constitution of the United States pro-
vides that States may be admitted b The Congress
into te Union" it is left to the discretion Of Con-
gress TO admit them not. And, although the vote
of the 4th of January can have no other force or
validity, it is an argument to Congress to control
the exercise of its discretion. We are asked, will
YOU admit the new State undera constitution which
a majority of her people have condemned Es-
pecislEv, will you do it in the face Of the popular
sopsrsgaty doctrine of the organic act Of the Terri
tory l answer, frst It is not the popular sOUs-
rsigntv of q mob, or of promiscuous voluntary as
spmblaoe brought together helter-skelter Without
the authority Of a valid law, which is recognized
bv that act or by any other; but it is popular sOUe
ysignty according to legal rules. Second: There is
mt satisfactory evidence that majority of the bona
fds inhabitants being legal voters, have condemned
it 1t cannot be proved, except BY an election law
fully held, when all entitled have an opportunity
and legal right to VOTE and when those who are not
entitled are ansWerable to the violated law for
lawfully voting. Such an election was not held on
the 4tb of January. H
Third I answer, even if there be majority of
the inhabitants of Kansas who oppose this oonstitu-
ton. they are not now entitled to be heard. They
rav7ffn I'D IN nnn md
allowed others to answer for them, in favor Of the
constitution. And especially are they not entitled
now 10 be heard because they were and are IN open
hostility and rebellion against the General and Ter
rtorial Governments dIsregarding and resisting the
authority of the former, and attempting unlaWfully
TO subVert thelstter.
We have the evidence of Governor Walker and
Governor Denver, in their official capacity, that this
party has formed military organization without
lawful authority; that enrolment Of the militia
Of the Territory has been ordered by their leader
and every man who refuses to be enrolled for duty
to be separately registered that they have received
arms and munitions Of war from the abolition sOcie
ties. Their forces have bean actually in the field,
marshalled aud we'll drilled, and ready for the on
saught. We have the authority Of Governor Wal
ker that they have established an insurgent govern
ment in the city Of Lawrence, in defiance of the
Territorial government, and denying its existence
and authority" had imposed upon their officers sP
pointed the duty oftaking oath TO support the To-
peka constitution, thereby OVerthroWing Orignoring
the Territorial goYernmentunder the act Of Congress-
that had distributed hsndbills Of their proceed
inRs throughout the Territory tO ncite other Cities
towns and counties to establish insurrectiOnary
governments thereby placing the people Of the Ter
ritory in open conflict with the Government Of the
United States" They have assembled legislative
bodies under the Topeka constitution, for the pur-
pose of organizing government under 1t, and nave
only been restrained from carrying ont their plans
i h-t ko Of ha ted
troops All this has occurred since Congress refu-
sed to recognize that constitution or the government
under it, aid since the United States Government
has recognized the proceedings instituted by au-
thority of the Territorial Government to form
State constitution. Still more recently, even since
the commencement of the present session Of Con-
gress and within the last few weeks, their Topeka
Legislature has been in session. for the purpose Of
Organizing and establishing their revolutionary gov
ernment in defiance Of the United States and the
lawful government under it. Well and truthfuly
did the President say in his message Of the I'd Of
February that these people shave been in q state
of rebellion against the Government; " that "they
have never acknowledged, but have constantly re-
nounoed and defed the government to which they
owe allegiance, and have been all the time in state
of resistance against its authority" What is re-
bellion ?? Il is ''an open and aVOWed remuneration
Of the authority of the government to which one
owes allegiance, the taking Of arms tratorously
TO resist the authority Of lawful government" Both
of these things have been done by those people -
And shall Their wishes, expressed even while they
are standing boldly out in open hostility and rebel
lion against the Government, control the discretion
of Congress cOntrol it in opposition to the wishes
of the loyal lawsbiding citizens who have lawfully
ordained and established constitutional and repub-
icaa government, which they ask yeu to recognize?
1t is wise principle, by which courts Of equity
are governed, that when q man invOkes their juris
diction in his behalf she must come with clean
I'll, Ill Ill o1H
that it is not broad and comprehensive enough to
be enforced by great political Jurisdiction The
Kansas Free soilers and TOpekaites, with their lips
and hands stained with treason and rebellion, in
woke our action for their benefit against the rights
of those citizens whose conduct appears regular,
lawful, and loyal 1 hold they should be turned
aWay-dismissed from court, aud the loyal citizens
allowed all the rights aud benefits accruing from
their obedience to law. The adoption of any other
rule would be subversiOn of all good government,
and would be the offer Of bounty to the depraVed
and laWless
What higher claim upon Congress have those rev
olutonary people, than have the Mormons Of Utah,
under the lead Of Brigham Young? Yet, but the
other day, by an almost unanimous vote, the House
Indignantly laid upon the table address from
them. And Why2 Because, while their words pro-
claimed obedience to lawful authority and loyaltyto
the Government, their reasonable purposes were
Swallowed forth. If nOW you comply with the wishes
with her lawful constitution, you ought to apologize
to Brigham and his followers --
Mr.. Chairman, sOfar as Kansas erselfis concern
ed, care but little whether she is now admitted
under the constitution or not. 1t may be that both
parties there have acted improperly. believe they
have l also believe il is matter Of but little or
any consequence to the South, more than to any
other portion of heoOuntry. Nevertheless, believe
the LeoomptOnites, in forming and presenting US
their constitution have shown they stand "rseus
in eHrsa while it clearly appears the Free soil party
are in the wrong. And l believe sound policy re-
qures that should settle this agitation in Congress
and in the country, without further delay. If the
strife about slavery in Kansas is to be kept up let
it be confined within her own borders and her own
deliberative halls. There is but one way to do il
speedily and efeotually and that Is by admitting
her into the Union under this constitution l have
been grathed to observe within few days past in
the St. Louis Republican, an announcement as
follows: "By passengers from Kansas we learn that
the Territory quiet in every respect the general
feeling of the inhabitants being to frOwn down any
future attempt to create disturbances whether begin
ming with parties North South in principle"
trust and believe from information from other
sources that such is truly the state of feeling there's
and if she is now admitted, agitation and strife will