Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-03-05

| Constitution The result has shown this
was an unreliable security, for the Constitu-
tion as formed by the Convention, was by
them never SO submitted to the people, but
in the conditional and deceptive manner
hereafter described.
The Convention so elected met in Scptcm-
ber, 1857, at Lecompton, and adjourned un-
til after the Territorial election of a Lcgisla-
ture, in October, 1857.
The mass of the people of that Territory
have always placed confidence in the fidelity
and integrity of the Governors whom the
President has appointed, whenever the same
have been long enough in the Territory,
from personal acquaintance with its people
and condition to become dsabused of the de-
fusion in relation to them VIII 'ch seems to be
entertained and cherished with so much per-
tinacity by tho dominant power in Washing
ton. When Gov. Walker and Acting Gov.
Stanton had personally and clearly ascertain
ed, as Gov. Reeder and Gov. Geary had done
before them, that the great body Of the peo-
pie including most Of its worthy and reliable
inhabitants of both political parties, truly
regarded themselves as oppressed and domin-
eered over bya small and unscrupulous minor
ity, inaugurated by violence and perpetuated
by fraud backed and supported by United
States dragons and that this great body of
the people had with long forbearance, waited
for fair opportunity, peaceably, at the bal
lot-box, to manifest their opinions and their
strength, and reclaim their rights, then it
was that they honestly resolved to endeavor to
give to that people such an opportunity, as
far as they were able. They proceeded indus
triously and faithfully to exhort the people
to participate in the election of Territorial
Legislature in October. lS57--not under the
Territorial acts, but under the laws of Con-
gress, and gave the most authoritative assur-
ances of freedom and fairness. That people
knew, indeed, that the supervision and con-
troll of the election was in the hands of Off
GERS never appointed by them or the Governor
and not under their control, and that they
were subject to being out-votcd by voters by
such officers admitted to vote, from Missouri,
or by the insertion Of fictitious votes, or by
false returns.
Unwilling, however, to he longer tauntod
from abroad, with the charge of cowardly or
factious inaction, and relying IN the assur-
ances Of the Governor and their well-known
superiority of numbers, they generally con-
cludcd to proceed to the polls and attempt
once more to exercise their rights, under the
laws Of Congress. and what does the result
disclose 1t shows that notwithstanding
many declined to vote lest they should i'm
rliedly recognize as lawful the existing usur-
patton, over IL 600 votes were cast and a
Free State Legislature elected
In the next place, the result showed that
all the apprehensions of that people as to
fraudulent voting and returns, under the
auspices of these Judges of the elections.
were well founded
We are informed by Gov. Walker and Sec
retary Stanton, that votes to the amount of
600 in one case, and over 900 in another,
came certified from precincts where, from
personal examination, they found limited
population of but few hundred A large
part of these votes were obviously fictitious,
and those returns We're set aside, being infor-
mally certified. Had not this been done by
the Governor, the original usurpation would
again have been renewed and perpetuated by
frauds.
The result of this election was regarded by
! all candid men there as settling the condition
Of Kansas, and accordingly, when the Con
vention assembled at Lecompton on its ad-
.iournment it was difficult to obtain even a
bare majority to constitute a quorum. \
majority of this quorum, but not of the elcc.
ted delegates, proceeded, with the spirit Of
desperation, to defeat and cvade the well
known and clearly-cxpressed will of the peo-
| pie, and by ingenious devices and cunning
forms to fasten upon them a State Constitu-
ton abhorront to their feelings, and at the
same time redeem, IN a delusive form only
the pledges which had been that it should giver
be submitted to the people. In order to
evade and Illustrate the will of that people
and impose upon them a Constitution against
| their consent, five apparently certain legal
securities We're to be evaded or demolished
First, The Constitution with Slavery must
not be submitted to the people in any sucl
way that majority could reject it; and yet
it must be submitted to them to redeem
| pledges and keep up appearances of fairness
Second The conduct Of Gov Walker having
shown that he would not prostitute his offca
duty by aiding in the success Of fictitious
votes and illegal returns. course must be
taken to avoid any use of his official action,
| Third The use of the legal officers for con
| Quoting the elections and making returns
must be avoided, as they might be subject to
| penalties if guilty Of fraud, and possibly the
new Territorial Legislature might make ap-
pointment Of honest men. Fourth In order
to supersede the Legislature, SO recently elect
| ed by the people, and to restore power to tht
usurpation 1t had overcome, it was necessary
so TO make the appointment of representatives
under the proposed State Government, as tC
overcome the actual Free-State majority, nov
well known to exist, and TO keep the super
vision of the election out of their hands
| Fifth To 80 arrange it as to render any ac'
ton of the new Legislature unavailable, anC
to pcrpetuatc the laws which the long con
tinued usurpation had adopted. To efiec
these purposes the Convention addressed
themselves with unscrupulous ingenuity, ant
whether with success it remains for Congress
to determine. They framed Constitution
establishing Slavery in two forms-first, fo
perpetuating in slavery all slaves then in th
Territory and their progeny, and prohibitin,
abolition second, allowing their unlimited
introduction with their owners for settlement
They then provided for submitting this Con
stitution to the people, professedly for thei
approval or rejection, on the 2lst day of De
cember, 1857, but in this form only, tina
they might vote =" The Constitution will
Slavery" or 4" The Constitution with NJ
Slavery" If the former had a major
ity, the whole Constitution was adopted
if the later had a majority, 1t rcjecte
only that clause allowing the further i'm
portation of slaves. They were not allow
ed to vote against the Constitution so
was to be adopted, however Objectionable
and to be a slayeho ding State, in any event
In thls manner the JrN op]ect was 10 DC cl
tected. They provided that the election wa
TO be conducted and returns made by me
appointed by the President ofthe COnventio
Calhoun after the Convention had CLOSED
and therefore he out of Office, and the return
to be made to him. Thus was the Governc
got rid Of and the second object effected
This mode of making and using supervisor
or judges of election unknown to law secure
, the third object, The provision by them thf
such men should be subjected to prosecutio
, for frauds, &c, was an idle show oflegisiatio,
entirely imperative To secure the tourt
: purpose the Convention based their appor
ionment of representatives. in the State ele
g tion, to take place in January 1853 upo
r the same spurious, fraudulent and fctitiol
. votes, so returned and rejected in the la
( Territorial election. To secure the MN ol
/ ject, they provided that all laws then existin
m, those nvie la,, bo Gtnt eba,1l