The Kansas herald of freedom., 1858-05-01
"TRUTH CRUSHED 10 EARTH SHALL RISE AGAIN.
LAWRENCE, KANSAS, .MAYal, 1858.

II
month, an intermediate work OF most
fearful augury has begun. The Lecomp-
ton Constitution has been framed The
President sends it here, as the finale efthe
Kansas troubles, twill be observed that
do not present that Constitution, al
though I am the organ of that people
upon this floor. That blow eatheB rights
cannot be stricken through me- IOn
the other hand, in the course of my dn-
ty, I have had occasion from time. to
time to lay before this House much perti-
rent testimony against it: protests from
the people by their conventions. protests
from the people by their Legislature, in
dieatiBg the indignant and almost uaaRi-
nous disapproyat. of it by shoseswho ;2se
falsely said to have framed it, aud for
whose benefit it is with still greater falsi-
| ty said to be intended. The law to which
this instrument is referable, was enacted
in February of 1857 The Legislature in
which it originated. consisted of a Coun-
Gil chosen on the Both of March, 1855,
still holding over, and House of Repre-
sentatives, chosenin October, 1856, under
theoperationof the testoaths. shall be
told that Congress has pronounced this Lee
gislature valid, and their laws binding
1t may be so. This assumption is in fact
the ground work of all the assaults
against the cause of popular rights in the
Territory. But I deny that such an ac-
ton Oh the part of Congress can estep the
people of Kansas from pleading the facts
of the case. a s-...-r7
| ohoDoo .nAa
falsehood, nor falsehood into truth
These qualities are inherent in the es-
senee of things; they are indestructable,
unchangeable, and eternal. The people
of Kansas will maintain, doggedly if you
| please, the truth of their history, though
every Congress for century to come,
should vainly seek to falsify it by short
sighted attempts to enact right into
wrong. .
The usurpation of March, 1856 is a
persistent truth. It cannot be forgotten.
1t mustnot be ignored. 1t taints with its
pestilent touch every subsequent act of
the Territorial Government, from the day
on which it was siezed, to the day when
the last ballot box was stuffed, and the
last return forged to complete simula-
ted showing in behalf of the Lecompton
Constitution. '9'~'
Although I deny that the conditions sof
valid law are to be found in these enact
ments, or that they were entitled to more
attention than the people, from motives
of convenience or policy, might choose to
render them, yet, for the sake of this dis
cussion, am willing to yield what gen.
tlemen on the other side claim on this
point. From it, let them defend this
Constitution if they can.
l assert, in the first place, that the Leg
islature contemplated the commission of
gross fraud when it passed the act to
provide for the Convention. The evidence
of this is apparent from reading the law
itself.
The first section provides that +" it shall
be the duty of the sheriffs of the several
counties of the Territory, and they are
! hereby required, between the first day of
March and the first day of April. eighteen
hundred and fifty seven, to make an emu
meration of all the free white male inhab-
itants, citizens of the United States, over
twenty-one years of age, and all other
white persons, actually resident in their
several counties. &c. - % 49,,
Section two provide, that in. case of a
vacancy in the office of the sheriff, these
duties shall be performed by the judge of
probate, &c.
The third section provides that it shall
be the duty of this officer to file in the Of
fee of probate, On or before the tenth of
April, full and complete list of all the
! qualified voters, in their respective coun-
ties on the first of April, eighteen-h hun
dred and fifty-seven, which lis shall ex-
hibit ina fair and legible hand, the
names of all such qualified voters. -es
Section seventh provides for an appor-
tionment on the basis of this returned
| list. il s
Section eig hth provides that no person
shall vote unless his name appears on the
corrected list.
The nineteenth section districts the
Territory as follows: Doniphan County
shall constitute the first election district !;
Brown and Nemaha, the second Atchi-
SOD, the third; Leavenworth, the fourth !;
Jefferson, the fifth; Calhoun, the sixth;
MARSHALL, the seventh Riley,the eighth;
4 ~ OAl4SOB3 lAc ll4lA OOnNIe1cf lu6 rkGutH
Shawnee, Richardson and Davis, eleventh.;
Lykins, the twelfth Franklin the thir-
fteenth Weller, Breckenridge, Wise and
Madison, the fourteenth Butler and Cof-
fey, the fifteenth Linn, the sixteent b !;
| Anderson, the seventeenth /; Bourbon,
McGee, Dunn and Allen, the eighteenth !;
Woodward, Wilson, Godfrey, Greenwood,
and Hunter, the nineteenth. I'd =
Four other counties-to wit Clay,
| Dickenson, Washington and sPottowotto-
watomie--are not so much IS mentioned
in the law. What wish to call particu-
lar attention to, is the fact, conclusive of
fraud BY the Legislature, that fourteen of
the counties thus enumerated, were with
out any county organization, and ofcourse
without a sheriff or probate Judge, and
] therefore destitute of the only machine
~ provided by law for taking the census
and registration. This appears to have
been done deliberately, as no provision is
anywhere made for such thing as an nm
organized county. Fifteen counties were
thus wholly excluded by the Legislature
from any possible participation in this pro-
ceeding. In addition to this, it appeared,
/ on the returns being made. that in the
the counties Of Anderson; Eranklip, and
Breckenridge, organized counties, } the of
fcers had failed to take census and reg
istration. Here then, we have fourteen
counties named in the act, but with 10
provision whatever for census and regis
tration, and four counties not named at
all. and of course excluded. making in all
eighteen counties deliberately disfranchis-
ed by the Legislature. To this is to Be
added the three counties in which the of
ficers were delinquent, and the aggregate
of disfranehised counties amounts to
twenty v-one !; that's, more than half the
whole number into which the Territory Is
divided. - s
This plain statement must settle this
point-it cannot be further conhoverted.