New-York daily tribune., 1858-02-19
THE KANSAS QUESTION.
10 ADMISSION UNDER THE LEC0NPTN
CONSTITUTION.
COLIAMER'S REPORT.

N. Teritories at ali Ierodr OF lie eA.tence-where
the Territory was held by grant or treaty that in no
| u.v affected Slavery, and where such an institution
e,is.ed IL al sI 70 a very limited e1.ent there Con-
cre,. entirely prohibited it. II Slavery existed aud
esrecallv If the Territory wa- holden by title or
,reotv which forbid abolition there Slavery was sui
| ss,ed IN continue but even there Congre-s often
.donted measures to prevent or TO check further ad-
dtons and often and before ls the taxing of slaves
into n Territory Tor sale was forbidden.
II is most Observable, however that IN no case was
The condition Of Territory as 10 Slavery ever left TO
b matter Of contention 10 the people therein. IL was
regarded as question much interest to the whole
conntry 10 be left TO local legislation. AZ no period in
our history has il ever, by any party been insisted
that the people not at liberty TO arrange this
matter Ike all others in their own way in the forma-
on or alteration of their State Constitutions. In al
the Territories north of the Ohio, Slavery utterly
forbidden by Congress from time TO time, as they
were formed, and in pursuance OF the ordinance OF
1887 In Mississippi, in l19S Congress prohibited the
importation of slaves which they could not do in the
States until ls0S This direct intervention. In
1904 in Orleans Territory tLousiana), Congress
adopted three express provisions Slavery Slaves
were forbidden TO be brought in except with the
owners family, 10 settle. They were not to be i'm
ported from beyond the United States-and none
to be taken there in any fimpored after 1898.
For breach OF either OF these provisions, the slaves
Were declared free. This was penary Intervention.
in 1870 was passed the Missouri Compromise, by
which Missouri was admitted as a Slave State and all
Slavery was for ever forbidden north OF 360 80 in the
country ceded TO us by France This was done by the
Southern vote by large majority, with small minority
of the North, and so Southern measure. This set
ted fhe condition Of all the territory then owned,
and was the bond of peace on the subject for more
than quarter OF century. When ieXas was ac-
qured tie same provision by line on 30 30 was made
for peace.
When by arrangement with Great Britain,
claimed the exclusive right TO Oregon, Il was formed
,,.ts
our acquisition by the treaty of peace with Mexico,
difficulty and trouble on this subject was renewed.
In 1850 this arranged by the admission of Calior
MIA Free State. and forming New Mexico and
Utah INTO Territories with the right when forming
state Constitutions, at the proper time to be admitted
either with or without Slavery, as such Constitution
should provide. This also a Southern measures
and il, together with the former measures then in
force. again settled the condition Of all our Territories
as to Slavery. 1t claimed and sustained as
ifallty of this subject.
In lSji measure was adopted, at the claim Of the
Saveholdng States by which, in effect, both and all
the settlements were broken up and the whole policy
of the Government on this subject changed. The
territory south of 30 3O-Missouri, Arkansas, and
Louisiana and Florida, obtained from Spain-had
been made into Slave States. But the country north
of that lue was mostly unsettled lows only having
been formed therefrom. The kansas.Nebraska act
was passed. the Missouri Compromise line declared
imperative, and the subject of Slavery was profes-
sedy turned to the PEOPLE who should 60 and in
habit that country. This invitation to all men
to enter this field OF competition for free slave nst
tutions and it to be expected that the friends and
promoters of these two systems would make vigorous
exertions in the struggle, and that settlement by.
friends of each would be highly stimulated by all
lartl means Hence associations and societies have
been put in operation, both North and South, to pro-
mote such settlement by their respective friends. This
was, however, neither wonderful nor censurable
That provision of the Kansas act is a. follows:
"The eighth section OF the act preparatory To tue
admission OF Missouri into the Union which being ln-
sha, Of tpnp in
gress with Slavery in the States and Territories as re-
quired by the legislation of 1870 commonly called the
compromise measures) Is hereby declared noperative
and void being the true intent and meaning OF this
act not to legsate Slavery into sald Territory, nor to
exclude il therefrom but to leave the people thereof
,erccty free to form and regulate their domesti, in
stitutions in their way subject only to the Con-
sttution of the United states: Pr0rded That moth
ing herein contained shall be construed to revive or
put in force any law or regulation which may have
existed prior TO the act of the 9TH OF March, lS.O
either protecting, establishing, prohibiting, or abolish
ing Slavery
Without now nquiring into the propriety, eHpe-
dency or moral justice of this law clear 1t Is ths l.
ecnans the Phted EuSf faith Tho OF this % naJe sse0S toS
er1rnent consistent with the Constitution.
Plighted public faith and just laws, however, secure
no rights to man. That is found only in the just and
fair execution of such laws and we will now briefly
inquire how that has been done in relation to that
people. Have they been permitted Ia exercise ther
promised freedom, in the iniaon OF the Govern
ment prov ded for them I
The Governor of Kansas having, in Pursuance OF
law divided the Territory into districts, and procured
a census thereof issued his proclamation for the eiec
ton of Legislative Assembly therein, to take place
on the 30th day Of March, 1892 and directed now the
same should be conducted and the returns made to
him agreeaby to the law establishing said Territory
On The day of election large bodies OF armed men from
the State Of Missouri appeared at the polls IN most OF
the districts and by most violent and tumnltuous car
rage and demeanOr overawed the defenseess inhabt-
ants and by their votes elected large majority
of the members of both Houses Of said Assembly. On
the returns OF said election being made to the Cover
nor protests and objections were made To MN IN reia-
tion TO part Of said districts and a. TO them he set
aside SUCH and such only as by the returns appeared
TO be bad. In relation to Others covering, 10 al,
majority of the two Houses, equally vicious 10 lacI,
buf apparenty good byformal returns the inhabitants
thereof borne down by said violence and intimidation,
scattered and discouraged and laborng under appre;
tensions of personal violence, refrained and deseu
from presenting any protest to the Governor IN rea
ton thereto; and he, then unniorined III rsiaIton
thereto issued certificates to the members VINO ap
peared by said formal returns to have been elected.
In relation to those districts which the Governor 30
set aside orders were by him issued or new eieetons
In one Of these districts the same proceedings were re-
ested by men from Missouri, and IN others not onu
certificates were issued to the persons elected.
RThis Legislative Assembly, so elected, assemoIed
al Pawnee the I'd day of July, 1880, that oeihg the
time and place for holding said meeting, as nxea py
the Governor by authority Of law. On assembling,
the SAID Houses proceeded to set aside and those
members SO elected ON said second election, except IN
the district where the from Missouri had, at saId
election chosen the persons they had elected
al the said first election, and they admitted au OF the
| said first elected members. ~,
Legislative Assembly, 80 created by mlIaIy
force BY foreign invasion, in violation OF the organic
law was but usurpaion. No act OF its own, no act
or neglect of the Governor, could egaize or sancty
IT, It's own decisions as to its own Legality are, IKE
ts laws but the fruits OF its usurpson, which
no Governor could legitimate. That Territorial Leg
| stature passed the following law: -,
H. fsuy person print, write, ntroduce into plphn h