The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-29

Was q sort or imagtnEy line. NOBODY knew exAC.v
where People living along II hardly know wne-
Tier they living In Kansas or Missouri Inc me
was for neanoe ike that between Kenson ana Boone
hardly TOOK heed xhsshsr they lived on one sis the
ether. Ansourians had gone over into kAnsAs sna u.
nsDs o. hs territory They mat they
had right ovoe ~ the Territorial eleooons ano oo w
And there vere steamboat csos vO sSs prsciosssd
upon the Territory. but the form Of exPreoa woee 20
unnecessarily hsrahshipPed into The Ieisosy expsessy
and cast 4 that election by both parties and
a. not uaordnAry such rude states Of society a.
disturbance about The polls But with Ill this clear
70 bs mind thsS thai Legislature elected BY the peo
lure Govsrnor Rssdss who WAS in The FREQ ssass in.
terest-uow he OF the republican pArty-hRd issued
osrtisc.iss Of election 70 majority Of this Legislature
Under the Of this body marriages had been solemn
lied had descended elections had been held-and
he was mistaken the republican House Of Repre-
for their wss nposbs 70 Snors the legality
the laws passed by that body. Hence the act calling
fer convention to form STATE constitution was legal and
of binding force charged that the Rsgistry
Law, bali Of the counties OF the ate dsfranchsed In
several OF the counties there human being
deed. And twelve months aherwards though the popu-
son had been Increasing In all these dsranchissA coun.
Ssiranchsed COUNTIES, i was Ss candid opinion moi more
than hve hundred persons entitled 10 vote had failed 70 DO
registered and Of these there were several cases where
those who were taking Of the voters driven
away such WAS the evaporation and folly OF the people
In regsrd 70 The proPre Of having registry OK voters,
bis American and republican friends would probably not
be anxious raise the ISSUE they favor Of sys
TENS Of registration; and web known that In Kan
s
titled to VOTE charged that odious test oaths
required such that majority Of the nhabt.nts Of the
Territory could mot conscientously vote, even they had
been registered. Teose who made this charge made
mistake in point OF time There ware obnoxious test
oaihs required by tho Legislature In its first days. The
acts 70 that effect ia bis opinion should have been
passed They were ami republican, and unnt FOR .
pesed Al once s and they we're rspealed before
the election for delegates 10 the constitutional
convention that assembled at Lecompton took place At
that election there test oshs whatever The coz
sttutionAl convention WAS thus legally called, and ito
members fairly elected met and formed consttuuon.
The agatng topic In the territory had all the time been
whether it should become a slave free State Toe
question whether the state should be slave free,
determined 70 submit to the people, and that clause
ehoud not be fun and fair expression by the people upon
that point No ies oatns we're in the wsy The only 70
vote bad 10 be given for the consttutona In
nocen qualification. There was great cry ABOUT frauds
Who're were tie fraudsf When were the frauds9 The
Constitutional Conve nton undoubtedly legally called
The delegates TO that convention undoubtedly elected
frsucs There we're frauds at the election Of Legsls
ture in 1857. There frauds at the State election
under the Lecompton Constitution in January 1855 But
these did not vtae the legality or the responsibility OF
the L8compton Constitutional Convention. These
.frSuds" were after thoughts and after occurrences.
There were frauds as he had sad in January last He
by papers OF that morning that john Calhoun
President CT the Lecompton Convention, had issued
Bcatss Of election 1t that contest free State cand
dates for the Legislature the Leavenwoh c,trcs he
presumed that the free State were entitled 70 those
certificates and be world be one OF the lat men, he
hopes TO take nom heIa thing that was justly theirs
Giving those certificates TO the Leavenworth fres sellers
gave ihe sie legislature with two Uni,ed States Senator's
elect and the State government into the hsrds Of tho
tree State But let justice be done. When the allie
gstion OF fraud logger teoabe the anLecompon
enabling act for Kansas. This was new theory IL
bran new, and the republicans had right % take out
patent for IT, Congress did not enable people 10 form
government In many cases-a majority OF cases. Con
grtss had not passed enabling acts. California had
mot enabling act; yet the free STATE nterss, forced
her into the Unop and there was no trouble for the
want Of enabling act (Here fight outside caused
. roaring excitement nght attraction tor old
we're shouts amopg the few hundreds who remained in
their eests, OF go on, Brock" eco on" He said be
would DO so With pleasure but there was 30 much noise
subsidized and the speaker resumed) We'll, feilo~ cit
zens much for the enabling theory II WAS said that
the people OF Ksnss tina, they had passeo upon
II, and that IT'S odous TO vast majority Of them
the legal Of the expression OF The popular WILL
to ask them TO be governed by them Where was the e
luton he could Be pon,sd 70 len snous.na votes cast
aeApstth constitution pursuant 70 alAw passed q, the
tssession o. the second Territorial or free state
state officers under the constitution he declared his solemn
boe that every step ken TO procure the sense OF the
people regarding the State constitution the oct calling the
convention the vote OF the people the act the regis
Kauon Of voters and the election Of delegates-all
IN The only wsy ih.. they legally could BIS taken
The TOPEKA affair without authority and all that
remained Of WA The ghost OF mob Is was not legal,
petty techncalities with which he was dealing The will
Of ire majority, TO Jake effect must be expressed scccrd
ing 70 aw. Inc law could NOT make The re-
solutions passed by meeting held the week
election could not nvAlica,e slecton though
plaDesi Inc uodsry iss pr.ncpIes Of sce.i and poal
order Why be were candidate for Congress 10 dis
trct where there fifteen thousand voters AMI at
legal and regular election only received hundred
votes n else received many legal votes ne
the legal representative Of the district during the regular
term and al the mars meetings that could be called
could not invalidate his eecron. The people must
give legal and regular expression 70 Their viows,
sTly removed Any other doctrine was wholly suoscr.
sive OF regulated freedom Tho other docupe,hai OF
taking looss irregular demonstration for the nsed ex
ptessIcn Of the popular yll-vS the doctrine
OF depsgoeues and despots. 10 tbs matter OF
the subrsssion Of the Constitution OF Kansas 70
been promulgated. IL was, that II abso.
lutely necessary that Q constitution should be sub
ooud be taken by Congress- v be the &C, and deed Of tie
peope NOV The copeitut0a Of ths Union Only required
ss,s cor.,r,,on Shnsr,s bss no more oo.ss,,1,or.
authority 10 the submssiou Of constitution for
new state TO the people than had TO order the subus
sion Of new constitution for an cid state 10 the people
II tie right the duty OF Congress lDsst
upon the submission Of the Lecompton constitution 10 The
peope OF Kansas tnsn would have beea for Congress
have INSISTED upon claiming the same prercesve when
nee constitution formed In Esnecxy few years
ago He Thought n extremely probable that n he he'd
been member Of the Lecompton Constitutional Conven
ton be void rave voted for toe SUBMISSION Of the whole
constitution 70 the whole people Of Kansas me CIR
cum,,srces surrounding The case would PROBABLY
have ipuer ced BIN 70 cone 10 that copcusios. But
Congress bad no right 10 iniwfere 10 thu matter 70
aset bere thai Congress bad the right Of interference
and thai absolute cono,son Of the estab-
lstmeni Of constitution thai the convention that
formed should submit 10 the people, WAS assert
that the people could not dole The 20
constitution 10 convebton. And people coud dele
power 10 q converton they could not q legsa-
ture aud the whole system Of representative government
sutverted st once and government except 10 com.
montes email that they could ali together and
rnpte regulations 10 Pocnlar meetings mpoesbie What
had been the prscuce of the government majority Of
the state constitutions bed not been voted upon by the
people AMI Congress bad clearly power copst
tuition iron Ia because had the endorsement
OF popular vote II might be Advisable and well for
eons,ut1sl oonveptors N take the popular on
doubtful points, 10 submit TIE whole instrument !