Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-03-19

ing the rights of the people in distant Ter
ritory The Pte.ident of the United States,
in special ues,age Of unusual earoestnes',
had urged upon Congress the duty and e1pe'
dieocy of admitting Kansas into the union
uuder what is known as the Le,omPton Con-
stitution. The application made 10 the
name of this instrument naturally raised
the INQUIRIES: l. it the Constitution OF the
people OF Kansas, aud does 1t enibody their
will? To both these inquiries he was cob
! strained, as the result If bis candid ludG'
ment, to rep y in the negative. The p'ma
tdcie evidence in favor of the instrun eut
might be fair: but behind it tHere was other
and contrary evidence to which be could not
close his eyes. Ii was in evidence that at Il
special election more than n thousand votes
had been cast against this Constitution, and
Federal authorities, such ~ ex-u vernon
Walker and ex-Secretary Stanton, had gwen
assn ances OF a sim,lar purport, which were
t,o we'll authenticated t. be lightly ignored.
At the electi n had upon the slavery article
it was claimed that but lutte more than SIX
thousand votes were cast by the friends OF
the Constitution in it's present shape, and OF
these recent Investigators seemed 10 show
that pearly che half were fraudulent and
fictitious. The late Territorial Legislature,
moreover, had uuanim jusly declared against
the pending document, and asked It's reJec-
ton by Congress. Who, in the face .! ev.-
dence like this, could affirm that the Lee
compton Constitution was the Constitution
Of tho peop lie Of Kansas? These LITTER e'l-
dences are equally matters OF record "i;h
the Constitution itself, aud, berg latest IN
point Of time, are enti;!ei u the greatest
weight 10 ascertaining the real WISHES Of The
| Territory.
The President, it is true, urges Congress
II Consider as no Letter than n nullIty the
election had upon the Constitution, under
authority of the Territorial Legislature, on
the 4ih VI .nuary last but the reason as.
signed for such a course is most unsdt'sfac-
tory. Though express.aG regre. that the
whole Constitution had not been submitted
according to his original preferences aud ex-
pectations, he regards the Submission Or
dained by tho Legislature to be null and
void, because, at that stage Vi events, tue
Territory was already too far prepared iOr
admission iuio the Union II DC affected by
such preliminary measure. W hat was
this state of preparation? n PROTESTED Con-
si.utiun had been irameI, ltas true, but the
| instrument Was without binding iUFce upon
the peOple, and even now 1t remains .Or Con-
gress to say whether 1t Shall ever be made
obligatory. While the Constitution was 10
this unexecuted shape there Was nothing that
could diminish the power OF tue Territorial
Legislature to afix this new coodfI N to ITS
formation. At the best, tbs Constitution
was nothing more than a proposition 10 tne
Congress of tne Uuited States. The organic
act had authorized no Con, eutIUn, clothed
with Legislative authority, to bihd the people
/ Of Kansas, or To conclude the NauJua! Leg
islature from the exercise OF It's SOVEREIGNTY
over the Territories. Nor did this doctrine
rest upon argument alone. Congress, IN the
case of Wisconsin, had remarded her Con-
stitution to the people of that Territory up.
ON disputed question of boundary, at a
peri in the process Of her preparation for
admission, when she was much further al
vanced in her application than was Kansas
at the time her Territorial Legislature au-
thorized this vote On the LscomptOn ins;ru-
ment W.re the people vi X tnsas tOie7er
restrained from further proceedings In the
matter of l Constitution after the LecOmp-
ton Convention adjourned WHAT then
w"uld have been their conditiun had MI
Calhoun suppre ssed the document or refused
to transmit it to Congress! An argu nent
which proved to much proved nothing.
tie L"comptou Constitution cOnli not
work as 40 es Opal on the people in their
q plcatiUn for admission, nor we're the little
rules oi Westminster Ii all pertinent to the
discussion of great political question be-
lore u tribunal ike the National Legislature.
La its adjustment full scope should lie lett
for the play of reason and jus Ice, uHre-
strained by legal 6ctlons or commodities
If, in respect to their fundamental Law ana
out of abundant caution, the people should
| desire to vote again and again upon their
project Of q constitution, who could o'Ject
| Ia the case of Kansas the result OF the cleo
tion held upon The whole Constitution bad
sufficiently vindicutsd It's proPrlety and ne
cesslty. 1t euabled the people unnl-takea
bly t. indicate to Congress and the country
their opposiii IN to the pending instrument
! Who would Low lie willing 10 force them 10
to tue Union under CUn.ttution thus trlei
and condemned? To do would clearly he
a palpabe violation of the right OF the pee
pl, to govern themselves.
This Cons ttution, moreover, on closer ex-
animation, seemed to be conceived and exc
]
Territory, C nducted under the authority OF
the Territorial Legislature, had disclosed the
fact that OF the votes cast 10 favor OF the
slavery Article, on the 2l-t OF December,
more than twenty seven hundred were frau
dul4nt aud fictitious. Aod, in order t esti-
mate tie force Of statement like this. 1t
was necessary Il take connected view Ot
| political events 10 Kihsas. The first Legis-
! lature of hat Territory va, elected by 9th
ers than the people Of Kansas. This fact
seemed to be uuderiable, and was certainly
so consider d By the free SAFE party # the
/ Territory, who, Tor thi1 reason, had long re.
/ bounced allegiance to the Territorial govern
uent Thle abstinence on their part from
! all participation in civil affairs naturally
| pleased TIE minority, a. 1t lett the field opcu
! for their uHImpeded sway, insomuch that
/ Gov. Walker. tor attempting to conci.Iate
the recusant maj rty by promises OF ialr-
dealing, encour red the determined hostlii-
| ty f the minority party. That the latter
were not incapable of fraud is sufficiently
patent, and that they sought to reta'n their
power rather by artifce than numerical
strength is apparent from the machinery de-
vi,ed by the LecomptOn CJnventon, A. seen
| in its refusal 10 submit tue Whole Cynstltu-
ton, in the extraordinary powers conferred
on Mr. Calhoun, and in the test oath pre-
scribed as a condition Of voting OIL even the