New-York daily tribune., 1858-02-20

large msorty probably amounting TO four o. az
the legal voters Of Ksnsas, were dsfranchised sndet
cuded from the polls on the 2l Of December IN
order to prevent the Injustice and wrong intended 20
be perpeiated by the tckery resorted tom TINS mods
Of submission, and 70 secure IN place OF ian snd
honest con, the Legislature on the 18th OF Dece@-
Der passed law providing for such an election on the
4h Of January at which the whole people should have
an opportunity freely and ~ vote Tor or
against the Constitution, and for or against the sav-
cry Article" ss they pleased that at said election,
majority of more than ten thousand OF the legal
voters of Kansas repudiated and rejected the Le-
pton {, institution; that the election on the itn OF
Jaruary lawful asd vshd, having been fairly ana
honestly conducted under and in pursuance of vaha
law which the President not only bound to respect,
but TO see faithfully executed the same as sl other
Territorial laws which not inconsistent with the
Constitution of the United States, and the organH
act of the Territory; that the election on Nne
.lst Of December was not valid and binding on
the people Of the Territory, for the reason that was
rot held in pursuance Of any law OF the Ierritoy OF
Of the United States, nor unier the authority OF any
body Of men duly authorized TO make laws repeat
that in the face OF all these facts showing conciusVe
that the Lecomp.on Constitution Is not the act ana
deed of the people of Kansas, and does not emoody
their will We are told by the President OF the United
States that, "To the people OF Kansas the oniy Pris
tieal difference between admission or REJECTION US
"pends simply upon the fact whether they can tnen
"selyes more speedily change the present CONSTITUTION
if il does not accord with the will OF the msJort OF
" frame second Constitution, to be submitted "
There il a "practical difference" far more important
than the mere question Of time, and there are prime
pies Involved infinitely more important tnan uc pIao
ticaldfeIence There serious ainesn', s n,snnie Of
Kansas shall be perm itted to make ana aaoP' ~.
Constitution under which they are TO I'VE, anu ",n w
which they are to be received vountsrny in.o she I
Upion or whether Congress VIII force tne .u.o .n
Tnion against their will, and with Ccnstnutlou
which IN " have repuiisted by an overTheinnng ma
;o,itv Of their votes at fair election held IN pusu
ncc of law and then maintain il by Federal bayone's
II l. be true, as Represented D! III tno ;.Mcnrs,ion
ever since the period OF my lhlsJ lhaug 10.
large portion Of the people OF kansas nave Ueeh
in a state of rebellion sgainst the TERRITORIAL Sot
ernn en,;" that "thsy have never aeknowleogeu'
but have constantly renounced ana denea .nI ~.
erLm.nt TO which they owe allegiance, ana nave
be. n nj, the time in state OF resistance against
:. its authority" that "they would long since have
subsertsd IT, had it not been prote cte9 RON 'ue'.
sau,s by the troops Of the on.et vso thousond
"t tr,ops und.r the command of Gen. HaIney we're
necessary for this purpose; and ina, u'ne -
identl have been obliged in some degree 10 il.e,
fere with the expedition to Utah, IN oruer 70 Keep
" down reb. lion in Kansas" repeat that, II these
statements be fair and impartial repr sentation oil
the character, feelings and purposes 0, Tue P.op.
of Kansas does il follow a. logical ana naturai con
| sequence from these premises that the SPECIFY au
"nussion Of Kansas into the Union, with Copstitu
| ttn 10 yLich they are unalterably opposed, anu
which they have repudated by an o'etwneIuus s u
oyity = their votes at iair election nea j. p,h
Of law "would restore peace and quiet 70 the
whole country r. that domestic peace VIII DE tns
"herpy col sequence of its admission, and that l
"Gth fresident shall then be enabled TO withdraw the
troops of the ULited States from Kansas and en-
"poy them on other branches Of service where they
care much neededp II it be true. as alleged, that
"a large portion Of the people OF Kansas are IN state
"of rebellion sgainst tie Government, and that the
rebels 30 far outnumber the lawabding citizens that
they would long since bave subverted the Territorial
Government had it not been protected from tleIr as
"saults by tho troops of the United States and
that "they have all the time been endeayormg 70
| subveit it. ard TO establish Revolutionary Gov'
"einmsnt in it's Place, and that up till this mo,en.
"be the eLemies of the existing Government stu ad
"bere to the revolutionary plans and purposes VIII
| reasonable peItinacity," II these allegations &c
gravey set forth by TIE President in his special me
sage be true, do they furnh satisfactory evidence
authorize the belief or even groahds LOT hops, Una
| " the speedy admission OF Kansas INTO the on.oh
| with the LecCmptOn Constitution would restore
| peace and quiet TO the whole country, and tina
| donss,io poaoo will be tho happy consequence
of its admission1' II is TO be lamented that th
| President does not seem TO comprehend the natur
and character of the controversies which have so un
happily disturbed the peace and maTed the prospert
of Kaiaas, and the grounds upon which they ciame
TO he justt ted in the course they have pursued Dur
ing the whole period from the Both of March, 1855
when the first annual election held for members
tie Legislature and other officers in that Territory
until the general election on the ft Mon lay OF Octu
ber 1857 the Free-State party, called, did boldly
firmly and persstently refuse to recognize the Terri
tora Legislature Of Kansas as legally and duly con
sttuted legislative body, with authority to pass law
which valid and binding on the people OF Kansas
tor the reaon, they alleged, that the members o
| that Legislature were not elected by the people q
kansas, but were elected by four or five >thousan'
citizens of the adjoining State of Missouri who are saC
to have invaded the Territory on the day, and IL
days to the day ofeectoI and dividing them
selves into small parties and spreading over all the in
hsbted parts of the Territory, took possession of the
pols, and drove away the peaceable legal voters anC
Ion; slatu Nm ha of Kan
against their will, and in violation OF the kausasN Ne
| bratka act.
There are the allegations and grounds ofjustcator
urged by the FreeState party in Kansas during th,
SeIiod to which have referred II is part OF my
prseLt purpose to inquire how far these allegations
are sustained by the facts; nor what nuuber OF the
election distrc control ed by these Illegal votes
nor the principles of law applicable 10 the facts the
legal conclusions properly resulting from them. These
questions were al fully considered and eaboraeiy di
cussed by me in report from this Committee on the
18th day Of March, 1856. refer to them now not FOL
the purpose Of reopenng that discussion, of chang
ing the conclusions TO which then arrived, but with
| the view OF showing upon what grounds the Free
State party claimed that they were justified in with
hOloiIg their allegiance to the Territorial Govern
| ment until fair opportunity was afforded the
people of the Territory to elect their own Legsla.
\ tuIe, in pursuance Of the original law; and tha,
| from the day which the members elected 10
October assembled and organized as a Legislative
body, all the opponents Of the Lecompton CoDsttu-
| lion have recognized the Territorial Government as
valid and legitimate acknowledging their allegiance
to it, aud their determination and duty to sustain and
support 1t: The October election becomes memo
rable period in the hitory of Kansas for the add-
tiona reason that il marks the date where the LIE.
copptonites changed their whole line of policy, and
formed the scheme Of forcing the Constitution on the
people without their consent and of subvertiag the
| authority Of the Territorial Legislature without
| the consent Of Congress. Up TO this period il
had been generally understood and conceded that
| the Convention had been called for the purpose
| Of framing Constitution and submitting il to
| the people for ratification or rejection, and Of
| sending 1t to Congress for acceptance only