Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-02-05
KANSAS AND THE LEcoMPToN CONSTITUTION
MESSAGE OF PRESIDENT BUCHANAN

To The Sennts and House Of r. 0resentatircs Of N.
Tinted States:
have received from J. Calhoun. Esq, President
of the late Constitutional Convention of Kansas a
copy, duly certified by himself, of the Constitution
framed by that body, with the expression Of hope
that would submit the same TO the consideration OF
Congress. with he view of the admission OF kansas
into the Union a. an independent State" In CON-
pliance with this request. herewith transmit 10 Con
gress, for heir action thu Constitution OF Kansas.
with the ordinance respecting the public lands, as
we'll as the letter of Mr.. Calhoun, dated a. Lecomp
ton on the l4th ult., by which they were accompa
MED. Having received but single copy of the Con
stltutlon and ordinance, send this TO the Senate.
A great deusi0n seems TO pervade the public mnd
in relation to the condition of parties in Kansas. TEis
arises from the difficulty Of inducing the American
people to realize the fact thnt any portion of them
should be in state of rebellion against the govern.
ment under which they live. When we speak Of the
affairs Of Kansas apt 10 refer merely to the
isence Of two violent political parties in that Terri
tory, divided on the question of slavery, just as
spesk OF such parties in the States This presents 10
adequate idea of the true state the The div
ding line there is not between two political parties,
both wledging the lawful existence Of the gov.
ernment, but heween those who are loyal to this gov
ernmsnt and those who have endeavored 10 destroy
its existence by force and usurpaon-between those
who sustain and those who have done all in their pow
or to overthrow the territorial government established
BY Congress. This government they would loBg
since have subvered had it not been protected frcn
their assaults by the troops of the United States.
Such has been the condition of affairs since my in,
auguraton. Ever since that period large portion
of the people of Kansas have been in state of
beon against the government, with military lead r
at their head OF most turbulent and dangerous cha
racter. They have never acknowledged, but have
constantly renounced and deied the government to
which they owe allegiance, and have been all the
time in state OF resistance against ts authority. Th
have all the time been endeavorng 10 subvert it aad
to establish revolutionary governtnentunder the so
called Topeka constitution, in is stead Even at this
very moment the Topeka Legislature are in session.
Whoever has read the correspondence Of Governor
Walker with the State Department, recently com
mupicattd to the Senate will ha convinced that this
picture ia not overdrawn. He always protested
against the withdrawal of any portion Of the military
force of tbs United States from the Territory, deem
ing its presence absolutely necessary the
ton Of the regular government and the execution uf
the laws In his very first despatch to the Secretary
of State, dated June 2, 1857, he says: 1.-The mast
alarming movement, however, proceeds from the as.
sembling on the 9th June of the so-oelled Topeka
Legislature, with view to the enactment OF an en-.
tire code of laws. OF course, it will be my endeavor
to prevent such result az it would lead 10 nevits BILE
and disastrous collision, and, 10 fsot renew the civil
war in Kansas" This was with difficulty prevented
by the efforts Of Gov. Walker but soon thereafter
on the 18th Of July, we find him requesting Genera
fiarney 10 furnish him regiment of dragons TO pro
ceed to the city Of Lswrence-and this for the
that he had received authentic intelligence verified
Dy MS own Hctuhl ODseTVhlIOn IUht dangerous re.
belion had occurred, "nvolvipg an open defiance OF
the laws and the establishment of An insurgeut gov
ernment in that city.
In the Governor despatch of July 18Th he infotme
the Secretary of State that "this movement at Law.
renee was III. beginning of plan, originating in hat
city, 10 organize nsurrecon throughout the Terrific.
ry; and especially in all towns, cities or counties
where the Republican party have majority. Law.
renee Is the hotbed Of all the abolition movements 10
this Territory. tie the town established by the 6hu
rs oh Ios
pec,ab people there, it is filled by considerable
number of msrceuares who ere paid by abolition 40
cieies 10 perpeuafe and dfuse agitation throughout
Kansas, and prevent peaceful settlement of this
quas ion. Having failed in inducing their own so.
called Topeka State Legislature to organize this insnr
rector, Lawrence has ccmm,rced il herself. and il
moi arrested, the rebellion will extend throughout Inc
Territory"
And again: ain order to send this communication
Immediately by mall must close by assuring you
that the spirit of rebellion pervades the great mass OF
the republican party of this Territory. nstigaed,
en'ertnia doubt they by eastern societies. bsv
ing in view results most to the government,
and to the Unor; ard that the continued presence
General llarn.y here il Indispensable originally y
stipulated by ma, with large body Of drsgoons and
several batteries -
On the aO.h Juy 1857 Gan. Lane, under the gu.
ihorty Of the Topeka Convention undertook. as
Governor Walker informs us, "tn organize the whole
called free State party into vounieers and to take
The names 0t Hll wfD refuse enrolment. Inc pro
ssed obj4ct is to protect the polls at the election in
August of the new insurgen, Topeka S,sie Lsgisa.
ture
"The object of taking the asmes Of all who rsfuss
enrolment ia 10 terrey The free State conservatives
into submission This ia provoked by recent strnri
ties crf;rained on such men By Topekaites. The
speedy location of large bodies OF regular troops
here, With two batteries, IA necessary. The Law.
renee insurgents await the development of this
revolutionary military organization"
T., a.. nh all VrI,, ~ hos
that "Gen. Lane and hi. staff everywhere deny the
authority Of the territorial lava, and counsel total
disregard Of these enaotnents."
Withou. making further quotations of similar
character from other dispatches Of Gov. Walker, it
suoears b. reference to Mr.. Stanton's communca.
ton to General Cass ef the 9th December last that
the "imporant step OF calling the Legislature wns
taken after lhe1 had become satisfied that the cleo.
on ordered by the convention on the Hist instanf,
could not be conducted without cnlision and hood
shed" So intense was the disloyal feeling among
the enemies of the government established by Con-
gress that election which afforded an opportunity,
If in the raajotly of making Knnsas free State,
co.dine to their own proessed desire, could not be
conducted without col!ision and bloodshed.
The truth is, that up till the present moment, the
enemies OF the existing government still adhere TO
their Topeka revolutionary Constitution 6nd govern
rnent. The very first paragraph Ct the message Of
Governor Robinson, dated the 7th December, to
the Topeka Legislature. now assembled at Lawrence,
laws CT the United States. The Governor says
"1hs Convention which framed the Constitution at
Topeka originsted with the people OF Kansas Terri
tory. They have adopted and ratified the came
twice by direct vote, md also indirectly through
two elections of State officers and members Of the
State legislature Yet it has pleased the admnistra'
ton to regard the whole prooeeding'ns revolutionary
This Tnpeks government, adhered to with such trea'
sonabe pertiuaoity, is government in direct oppo-
stiop to the existing government prescribed and re.
hv Ik ia a N uaurDatiOn of the
same character rs it would be for portion of the
people Of aiiy State in the Union 10 undertake to
tsblsh separate government, within ts limlis for
the purpose Of rsdressDg any grievance, real or i'm
agnary, Of which they might complain. against tho
legitimate State government. Such principle if car
red into execution, would destroy all lawful authority
and produce universal anarchy.
From this statement of facts, the reason becomes
palpable Why the enemies Of the government author
ed by Congress- have refused to vote for delegates
10 the ansas constitutional convention, and aso af-
terwards on the question of slavery submitted by it
TO the people, 1t is because they have ever refused
to sanction recognize any other constitution than
that framed at Topeka.
Had the whole Lecompton constitution been sub
miited To the people, the adherents of this orgsuiza
ton would doubtless have voted aganst it, because,
il successful, they would thus have removed an OBJ
stncls out Of the way of their own revolutionary con
s;itution They would have done this, not upon con-
aderation Of the merits of the whole any part of the
Leconpton constitution, but simply because they have
ever resisted the authority Of the government author
led By Congress, from which it emanated
Suah being the unfortunate condition of affairs in
the Territory what the right as we'll as the duty
of the law.abidng peoplel Were they silently aud
patiently to submit to the Topeka usurpation, or
adopt the necessary measures to establish Consiitu
ton under the authority of the organic law of Con-
gressf
That this law recognized the right of the people Of
the Territory, without any enabling aot from Con
gress, 10 form State Constitution, is too clear for
gunent. For Congress "to leave the people Of the
Territory perfectly free,' in framing their Constu
ton ''to form and regulate their domestic institutions
in their way, eubect only to the Constitution Of
not be permitted to proceed and frame @ Constitution
in their own way without an express authority from
Congress, appears to be almost contradiction 10
terms 1t would be much more plausible to contend
act, than to argue that the people Of Territory
might be kept out Of the Union for indefinite Pc
rod, and until it might please Congress to permit