The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1858-03-17

Territorial Legislature in October last,
when both parties participated; by the
frauds and forgeries perpetrated
by the minority, to supply the place Of
real electors, and finally rendered certain
by majority Of ten thousand against the
Constitution, in the election holden on
the 4th of January last. This last vote
was taken under the call of the Territori-
a, Legislature of Kansas, the same au-
thority by which the Convention was as
sembled, aud this law was enacted by that
before any vote had been ia
ken by the people on the Lecompton
schedule. Now, the Convention derived
its authority exclusively from an act pass.
ed by the Territorial Legislature, under
the comprehensive powers vested in that
body by Cougres ;hut before the oct of The
Convention Was consumated by popular
vote, and whilst the whole proceeding was
as yet imperfect, the Territorial Legisla
ture, by valid law, authorized the peo-
pie to vote for or against the Constitution.
The vote under that law indicated an un-
majority of more than ten thous-
and of the people of Kansas against the
Lecompton Constitution. Indeed, one
OF the reasons given why the Lecompton
Constitution should be adopted by Con-
gress is this: that if it had been submitted
to vote of the people, it would have
been rejected by them at the polls.
The fact then is proven incontestably;
nay, it is conceded, that majority of the
people of Kansas are opposed to the Ls-
compton Constitution, and that if this in
strument is ratified by Congress, it will
be forced upon that people against their
will. This is the great controlling fact
which stands out in bold relief, and thus
presents case involving that fundamen-
tai principle of public liberty and of the
Constitution, shall proved and admitted
minority seek to establish Constitution
and government for the people of an in
cheate State? The great doctrine of
State-rights and State-sovereignty lies at
the foundation of all eur institutions.
The most vital of al! the rights of
State, is the establishment ola Constitu.
ton, and if this right can be disregarded
by Congress, the whole doctrine of state
and popular sovereignty is discarded and
overthrown. In doing such an act, we
are setting most fatal precedent; we are
undermining the very pillars upon which
reposes the whole fabric of popular liber.
ty. We are permitting small minority
10 superceds majority in fram;ng State
government, and Congress is becoming
the ally and accowplice of that minority,
in overthrowing the rights of the people.
L 'ese are solemn and momentous anes-
tons; the real issue is, shall the minority
or the majority of the people of State
frame their government That is vital
question; it involves the precise difference
between Democracy, and Oigarchy, Mon
archy, or Despotisln 1t is the first and
| fear the last step towards the overthrow
of our free institutions, and if this can b..
done now, and by an authority so high
as Congress. what will be the demand
mex, made by the minority? Why tha,
| they the minority shall control, not only
Kansas. but the Federal government un
der threats of Overthrowing the Constitu
tion and the Union. If submission is now
yielded to this doctrine, it is very plair
to me, that the Federal Government itsel
must pass into the hands of minority
and that the great fundamental principl,
of the constitution must be overthrow
and subverted. l cannot by singl,
vote, for a solitary moment, sanction 6
doctrine which must gradually undermin,
our system, aud lead directly to anarch,
or despotism. 1t is not the case of Kan
sas alone on which we are deliberating
but upon great fundamental principle
which is now to be sustained or subvert
ed. That principle comes home to tn,
heart and judgement of every eiector i,
the Republic. Shall the elective fran
chise become an empty form? Shall tht
votes of the majority prevail, or shall
they be superseded by technical quibbles
unworthy the consideration of statesmen
or by an organized system of frauds ant
forgeries? Shall the most clear and pal
pable evidence, which would carry convic
tion to the breast of any honest judg,
or jury, be suppressed or superseded b,
crimes, which should condemn their auth
ors and accompliccs to disgrace and pun
ishment. There is great moral as wei
as political question involved in thi.
controversy. We are asked not only to
sanction the overthrow of great funda
mental principle of pnblic liberty and the
Constitution. but to approve also series
of frauds and forgeries, the most paIpuble
and the most wicked which have ever
disgraced any age or country, and thus
forfeit our own self-respect, and that o
the whole civilized world, which must be
the spectators of this infamy. If there be
any crime which is more atrocious than
any other, it is the forgery of election re.
turns, and especially in an election invol.
wing all the dearest rights of a free people
III the establishment of State govern.
ment 1t is now proved incuutestably
by legal evidence taken on oath before
Legislative Committees, that in four pre-.
cincts only in Kansas, where more than
three Thousand votes were pretended tc