The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-05-06

any wonder they have grown so bold, 80 de-
fisnt, and so shameless in the practice of their
iniquities2 Think you they do not know full
we'll where their security lies? Think you
thew do not know their masters will, and that
in doing bis pleasure there is abundant safety
See who most enjoys the smiles and benedic-
tons of the National Executive, and theu see
who have most incurred his disfaver, and suf.
fered removal from Office, IN Kansas and out
side of Kansas, and for what cause. Then we
may cease to wonder that the most stupendous
frauds and the most fragrant outrages go nm
challenged and unrebnked, and 60 with entire
impunity, provided only and always, they are
committed by the CLAW and order party !,
The most high-handed and atrocious schemes
of fraud and villsiny, for cheating freemen of
their birthright, have been committed by this
law and order party" under the patronage of
the Federal Government, and have now reach
ed their eliminating point in the production of
the Lscompton Constitution. No wonder. in.
deed, it ia the adopted pet of the Admin tra-
ton. No wonder the Administration come for.
ward now, and assume the relation and Office of
godfather to the hnping and ill.shspen brat at
the bsptismal font. 1t is the offspring of the
CLAW and order party"
Mr.. President there is nothing in the history
of the proceedings in which this Lecompton
Constitution had its origin and its completion
to commend it to our favor. Indeed, the more
we examine it, the more reason we find WHY
we should reject it. We see its whole history,
from beginning to end, marked with fraud and
violence. The grand objection to it, already
noticed, and which stands in the foreground of
all the others-that it is the work of a small
minority, which, by the aid of an armed inva-
sion from an adjoining State, had usurped and
held the control of all the powers of the Terri
tory, to the exclusion of any participation in it,
even to the exclusion of the free exercise of the
right of voting, by the majority-is decisive,
controlling, and unsnswerabe.
The very clear and able argument of my
honorable colleague, Mr.. CoLLAMER,l as con.
tanned in his report and in his speech upon this
subject and especially in reference to this point,
has not been met and, in my Judgment, cannot
be successfully met. This likewise answers the
assumption and the assertion often made, that
those who stood aloof from the elections, and
took no part in them, even though they were
in a majority, are concluded by the action of
those who did take part in them, and who did
vote. AS general proposition, this is true
1t is a common political axiom which nobody
disputes. But it has no application in this
case; it has no application in a Government of
usurpation, which can impose no obligation
upon the people, nor claim allegiance from
them. Moreover, the majority were not allow
ed the exercise of the privilege of voting if
they would. They were not allowed the privi
lege of wrestling the power from the hands of
the usurpers in this way. They did not vote,
simply because they were not allowed to vote
At the first Territorial election they did not
vote, because they were driven from the polls
by force of arms. At the second Territorial
election, in October, 1856, they did not vote,
because they were denied the exercise of the
right of suffrage by test-oaths and other uncon-
stitutional and tyrannical restrictions, imposed
upon them by the first spurious Missourian
Assembly, for the very purpose of excluding the
majority of the people from voting, and thus
for the purpose of maintaining the political
ascendency of the minority, and so of keeping
up the Government of usurpation. At the del
egste election in June, 1851, they did not vote,
because, in addition to these restrictions, most
of which were still in force, although few
of the most obnoxious of them had been re-
pesled by the second Territorial Legislature at
the instance of Governor Geary, census and
act for this particular election,
which had been passed by the same Legisla.
ture, was so executed as to disfranchise a large
portion of the Free-State men, to say nothing
of the unequal apportionment of the election
districts under that act, and to say nothing of
their just apprehepsions of repetition of the
scenes of violence and fraud which they had
before experienced, and to say nothing of their
indisposition to do any act which could be tor
tured into recognition of the authority of the
But, aside and independently of all these
considerations, they had the assurance of Gov
ernor Walker and Mr.. Secretary Stanton,
speaking by authority of express and explicit
from the President of the United
States and his Cabinet, that the Constitution,
when framed, should be submitted to direct
vote of all the bona fde inhabitants of Kansas,
for ratification or rejection. This pledge was
given over and over again, in the most solemn
and positive manner, by the President and his
Cabinet; by the organs of the Administration
throughout the country; by Governor Walker
and Mr.. Stanton, through their official instruc-
tons and by public proclamation; by q portion,
at least, of the candidates for the Convention
themselves, and by the press of all parties in
Kansas. This was the universal understand
ing, not only in Kansas, but throughout the
country.
Mr.. GREEN. Will the Senator give way, to
allow me to make request of him?
Mr.. FOOT. Certainly.
Mr.. GREEN. My request is, that the Sena-
tor will produce, as l may, perhaps, hereafter
make some remarks on the subject, the evil
dence to show that Mr.. Stanton ever gave that
assurance while he was the Acting Governor;
that Governor Walker ever gave that assu-
rance that the President ever gave that assu-
rance that the law which clothed the Conven-
ton with authority to form Constitution ever
gave that assurance or that the people them.
selves ever understood there was such an assn.
rance. If the Senator will produce that evil
dence, shall have something to answer when
the time comes.
Mr.. FOOT. The reason have not already
done it, is because thought it a work of SUI.
That evidence has been incor-
porated into more than q dozen speeches al.
ready made on this floor and that is the reason
why have not taken up the time of the body
by producing it, and reading it to the Senate.
But if it be desired by the Senator before this
debate shall close, will procure that evidence
and read it again. have not the documents
now before me.
Mr.. COLLAMER. Here is the report of the
Senator from Illinois, Mr.. DOUGLAS, contain.
ing some extracts from the instructions of the
President to Governor Walker on this point,
and from Governor Walkers inaugural ad.
dress.
Mr.. FOOT. My colleague places in my
hands the report of the honorable Senator from
Illinois, chairman of the Committee on Terrific
ries, from which / will read the following ex.
tracts, which fully maintain my assertion. and
l hope will be quite satisfactory to the Senator
from Missouri on the point of his inquiry.
The President, in his instructions to Gov.
Walker, through his Secretary of State. under
date Of March 80, said:
When such Constitution shall be submit
ted to the people of the Territory, thew must be
protected in the exercise of their right of voting
for or against that instrument, and the fair ex.
preston of the popular will must not be inter