New-York daily tribune., 1858-02-19


the free will Of the people Of the Territory, or ma
jory thereof, in Q full election fairly coniucteu'
such resnlt could Dot DO ascertain ed but oy $40,
mttiDg the Constitution 10 the full and unconditional
vote OF the whole people for ratification or rejection
This is more especially true when conflicting oplnion'
on The subject are well known TO exist, WAS the
ease in this Territory. large part OF the people
snd from what subsequently occurred it il apparent
large majority OF the people, did not participate
in the election OF these delegates; and sufficient
reason for hat was found in these consider
aiioDs. First, The supervision and returns of the
election were IN the power OF men appointed by
Leg slauIe in whose election large part ef the reo-
pie never psrticpated-in whom, for TINS cause. ami
from the manner IN whch they conducted elections
they had No confidence. Se 'OHR The United State.
officers there the Governor ard Secretary had n,
control over these Judges OF Election Tbni; Tne
Territorial Legislature, in directing the election of
Delegates 10 the Convention, had provided for the
taking censes for the appDrtOnmen. OF Delegates
and aking q voting list in the several Janties.
This was, By accident or design, very Impsrfec.ly
done in any county and in almost one-halt or the
counties some of which were among the most pope.
cus in the Territory, 1t WAS entirely neglected, ana
therefore large part of the people were entirely pre-
vented acting.
Fourth: Tie people were often, repeatedly, and
officially assured by the Governor and Secret ty,
whom they regarded the organs OF the General
Government, that the Constitution, when iormed
must be and should be submitted, unconduonaAy, 10
the whole actual resident people for their raIhcation
or rejection. Under these circumstances, relying on
these ofcial assurances, they awaited quietly that
day and promised opportunity TO exercise ther ac-
knowledged inalienable right 70 vote on their own
State Constitution. The result has shown this was
an unreliable security for the Constitution "a formed
by the Convention, was by them never so submitted
to the people but in the conditional and deceptive
monner hereafter described.
The Convention 30 elected met In september, 1871 ,
at LecCmpton and adjourned until after the Territo-
risl election Of Legislature in October, 1857.
The mass OF the people OF that Territory have
always placed confidence IN the hdelty and integrity
of the Governors whom the President has appointed
whenever the same have been long enough IN the
Territory from personal acquaintance with It's people
ard condition 10 become dsabused of the deuson In
relation to them which seems to be entertained and
cherished with so much pernaclty by the dominant
power in Washington. When Gov Walker and Act
ing Gov. Stanton he'd personally and clearly ascer-
taned, as Gov. Reeder and Gov. Geary had done
before them, that the great body OF the people ncud
ing most of it, worthy and reliable inhabitants OF both
political parties truly regarded themselves a. op-
pressed and domlneered over by small and unscru-
pulous minority inaugurated by violence and perpet
uated by fraud, backed and supported by United
States dragoOns and that this great body OF the peo
pie had with long forbearance, waited for fair oppor
tunity peacably, at the ballot box TO manifest their
opinions and their strength, and reclsim their
rights, then il was, that they honestly resolved To
eideavOr TO give to that people such an oppodu-
nity as far as they able. They proceeded indus
riously and faithfully to exhort the people to partic
pate in the election of Territorial Legislature in
October, lS57-not under the Territorial acts, but
under the laws of Congress and gave the most author
itatve assurances of freedom and fairness. That
people knew indeed that the supervision and control
of the election was in the hands of officers never ap
DO ned by them the Governor, and not under Their
CONTROL and that they subject to being outvoted
by voters. by such officers admitted to vote, from
Missouri or by the insertion of fictitious votes, or by
false returns.
Unwilling, however, to be longer taunted from
abroad with the charge of c0wardly or factious
and r.lv
Governor and their own well-knOwn superiority OF
numbers they generally concluded to proceed to the
polls aud attempt once more to exercise tlelr nghts,
uLder the laws Of Congress- aud what does the result
disclosel II shows that notwithstanding many de-
cned TO vote lest thereby they should implledly re.
cognize lawful the existing usupation over ILL., wv
votes we've cast and FreeState Legislature elected
In the next place, the result showed that ali the
apprehensons of that people as to fraudulent voting
and returns under the auspices OF these JUDGES oi ehe
elections, were well founded.
We are well informed by Gov. Walker hnn nSo score,
tue amount OF oOo III ono
case and over 0CO in another came certified from
precincts where, from personal examination, they
found limited population OF but few hundred.
large part of these votes obviously fictitious and
those returns were set aside being informy certified
Had not this been done by the Governor, the original
rEation would again have been renewed and per-
peiuaated by frauds.
The result of this election was regarded by all candid
,nep there as settling the condition of Kansas and
cordirgly when the Convention assembled at Lecomp-
ton on its adjournment, difficult TO obtain even
bare majority to constitute quorum. majority
of this quorum, but not of all the elected delegates,
Pre- Cceeded with the spirit OF desperation, to defeat
and evade the wel-known and clearly.ex pressed will
of the people, and by ingenious devices and cunning
forms to fssten upon them State Constitution abb
horen to their feelings, and at the same time redeem
in a delusive form only, the pledges which had been
given that it should be submitted to the people In
order to eyade and Illustrate the will OF that people,
and impose upon them Constitution against their
consent, five apparently certain legal securities were
to be eyaded or demolished.
First: The Constitution with Slavery must not be
submitted TO the people in any such way that majority
could reject it, and yet it must be submitteD them 20
redeem pledges and keep up appearances of fairness
Second Tie conduct Of Gov. Walker having shown
that he would not prostitute bis official duty by aiding
in the suGce of fictitious votes and Illegal returns,
course must be taken to avoid any use OF his oical
action Third The use Of the legal officers for con-
ducting the elections and making returns must be
avoided as they might be subject to penalties il guilty
Of fraud and possibly the new Territorial Legislature
might make appointment Of honest men. Fourth
In order to supersede the Legislature, so recently
elected by the people and restore power to the usur-
patton it had overcome, IL was necessary 80 to make
the appointment Of representatives. under the pro-
posed State Government, as to overcome the actual
Free State ma ority, now well known TO exit, and
keep the supervision of the election out OF their hands
FiGh: To srrange it as to render any action OF the
new Legislature unavailable, and to pefpetuate the
laws which the long-contnued usurpGton had
adopted To effect these purposes the Convention ad-
dressed themselves with unscrupulous ingenuity,
and whether with success il remains for Con-
gre.s to determine. They framed Constitution
Establishing Slavery in two fOrms-frst, for
perpetuating in slavery ell slaves then in the Terri
tory and their progeny, and prohibiting abolition
second allowing their unlimited introduction WIN
their owners for settlement They then provided for
submitting this Constitution TO the people, professe6y
for their spproyal or rejection, the 2ls day OF De-
cember 1857 but in this form only that they might
vote The Constitution with Slavery" or The Con-
ioriiy, the whole Constitution was adopted if the lat
ter had majority, rejected only that clauie allowing
the further importation of slaves They were not al