Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1858-02-27

people dt flOrldd iOrIncu lnOir Constitution with
out any act of Congress therefor six years be-
fore they were admitted into the Union. When
the people Of Arkansas were about forming a
State Constitution without previous act Of Com
grcss, IN $50, the Territorial Governor applied
10 the President on the subject, who referred the
matter 10 the Attorney General, and his opinion,
as then expressed and published, contained the
/ following;
" 1t is not in the power of the General As
scmbly OF Arkansas to pass any law for the pur-
pose of clccting members to convention to form
a Constitution and State Government, nor 10 do
any other act, directly or indirectly, to create
such Government. Every such law, even though
it were approved by the Governor of the Terri
tory, would be null and void if passed by them,
notwithstanding his veto, by a vote of two-tlirtls
of each branch, it would still be equally void."
lie further decided that il was not febelEous
or insurrcctonary nor even unlawful, for the
people pcaccably to proceed, even without an
act OF Congress, in forming Constitution, and
that ihe so forming State Constitutions and 50
far organizing under the same as to choose the
officers necessary for It's representation in Con-
gress, with view to present the same 10 Con-
gress for admission, was power which fell clear
ly within the right Of the people to assemble and
petition for redress The people Of Arkansas
-
received into the Union accordingly If any
rights were derived to the people of Arkansas
from the terms Of the French treaty Of cossion
they equally extended to the people Of Kansas,
it being part Of the same cc,,ion.
In this view Of the subject. the people assenl.
blcd at Topeka in said Territory by delegates
chosen in the several counties, IN public meet
ings assembled for that purpose, in September
lSJj, who iOrncd Constitution, which was sub
mittcd 1 the people for their ratification or re-
lection and which was duly ratified bv large
majority Of all who thought proper to vote, be-
iur. as We holo~v, a mri'.",':. of all the VOTERS
then in the Territory. Under that Constitution
an election Of Governor and Legislature was
made, and officers appointed. and an organization
made, for the purpose OF petliionng Congress
for admission to the Union and memorial was
made and presented to Congress, with SAID Con-
siiluiion, Tor that purpose That memorial or
petition for the admission Of Kansas as State.
under the Topeka Constitution, formed as before
stated. and 50 presented 10 Congress, though
a,rccd to by the House of Representatives.. was
rejected hy the Senate. The investigation, the
evidence anil the facts as 10 the invasion and sub
iugaiion OF Kansas at the March election OF 1853.
a' presented by the Committee Of the House of
Representatives, appointed or such invostiga-
tons, fully di>closcs IT'S enormtv and outrage as
before stated, and shows that the invasion ex-
tended 10 every election district but one: vet
the Senate entirely rciraincl from investigation,
and all redress for that people failed. No pro-
vision was made to correct the wong, and they
were left to suffer under the oppression of the
iyranncIl laws and usurped power Of the un-
scrupulouS minority which force and fraud had
there installed IN Official position, with the pow
er and army Of the United States pledged 10 sus
IN the Summer Of 1896. In that summer this
usurped power in Kansas was exercised over
the people there IN the same spirit in which it
originated and, manifested in the laws be-
fore mentioned. to drvc the Frec-St tate people
Ece65e t5e lSa& aS & and I'D PTsSa eop a HS Ssoaf s%faS MS
had first .uhiugltei the rerritory. and hy others
llke-mnded under pretended color of the laws
so made freedom OF speech was crushed, print
ing-presses were destroyed, and pillagc. conila-
fratlon and murder spread over the land. Ev-
cry attempt at sct-deiense by the Free State
people was pronounced "coHSirucfire redson.'
and large numbers were long imprisoned and
guarded by United States troops therefor Many
Of the people were compelled to flee, and the
Missouri River, the usual means of access to the
Territory was blockided AMI emIranis prevent
ed from proceeding. Thus closed the gloomy
Autumn Of 1856, anl during the succeeding
Winter large par, OF the people were depend
ent for their necessary supplies upon the Chart
able contribution, OF he people of distant States.
In October, 1896, a Territorial election for mem
bcrs OF the House OF Representatives occurred.
but the oppression Of the tyrIunical statutes ut
test oath, ard gas laws continuing, entirely cX-
cluded the Free State people, prosecuted. seat
tered, and imprisoned as they were, from any
participation therein, and so the usurpalion con.
unued. The people who had formed the Tope-
ka constitution for presentation to Congress, and
which they presented To Congress, not despair
ng OF the Justice of their country, and still hop
ing that Congress might accept II, continued from
time to time their provisional organization under
the same in order again to present the same
and the same has again been submitted to the
people for ratification, and al invited 10 pariic-
ipaie therein and the same was again ratified
10y the majority OF all who thought proper 10 vote
IN August, 1887. But no government under the
same has ever, in any respect, been attempted
TO be put in operation, nor the same in any man
ner been asserted against the existing officers of
the United States Of lis laws, including that
tabshiug Kansas Territory. 1t was and ever
has been preliminary and provisional. subject to
the action of Congress. II is indeed true that Il
large part, aud probably large majority ofthnt
people were attached 10 that Constitution which
't, HhNc repeatedly TClucstCi NoiEtts> 10 uC-
cept but that they have ever attempted, in any
act spirit Of rebellion torcibly TO put in ope-
ration government under 1t, is entirely untrue;
although individual wishes or ultimate purposes
to such an end on some possible contingencies
have, at times been expressed. 1t is, however,
trpc, that the people have ever regarded the acts
OF the Territorial Legislature so usurped as
aforesaid, as utterly without legal force, and
have not held themselves bound in obedience
thereto and the same have been in effect gen
orally imperative in the Territory, except so far
as enforced by United States troops. In Feb
ruary, 1857, the Territorial Legislature passed
a law for the election OF a Convention 10 form
Constitution for Kansas as a State, with a view
10 apply to Congress for admission. This was
donc without any act of Congress for that pur-
pose, Congress having recently refused to pass
such a law, though recommended by the Presl-
dent, and the proceeding was therefore, though
not unlawful in no way authoriive and its re-
suit entitled TO the consideration Of Congress on
ly so far as it was sanctioned by the votes and
expressed the free will of the people of the Ter
rltory, or a majority thereof in full election
fairly conducted Such a result could not be
ascertained but by submitting the Constitution
to the iull and unconditional, vote of the whole
81 IL