Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-03-26
to l,avs 3 REPRESENTATION IN tbs Con

tWell, now, gentlemen, enoriiy httet arrl'en iH
-, Territory the process Of taking the census wac
nl,eJ and the returns were made by the sherlffe
e the different counties 10 The probate Judges oil those
onntias in order that the census returns might be
orrected. That law which had been passed at the
,revous session of the Legislature of the Territory
lad provided that every voter IN he territory shouio
~ registered, and no man should be entitled to vote
~ Isgstes TO the convention unless he was registered
:oinv through the Territory, heard, on all sides
,harges of great wrong aud injustice; 1 nearo
he great mass of the people procaiming that Inc on
.srs of the Territory had utterly disregsrded right
nd ns,ice in the performance of this duty; in fact
hsv had NOT performed the duty at all. They SAID
n many instances men of high character, residents
If long standing, whose residences couid not pos
,hlv have been unknown to the ohcers, had oesn
eft of the register | said to them genuemen. you
might have gone to the probate judges and had those
names nut on the liss. But they said il was not their
ity to 20 it VIA the duty Of the officers to register
heir names Now it is useless for any OF US TO DIS
,uisp tho truth The great mass OF the freeState peo
1Is didn't care fig whether their names we're regis
cred not They were opposed 10 me ne Sonven.soai
hey opposed to all the laws ana oil Tue proceea
Tbs law ordered the sheriff in the month OF March
n make CENSUS and registry, but TO provide against
anv defect IN the action Of the sheriff directs al
Tho nrobate Judges should afterwards ait and hear ap.
s,;ons for correction of the sheriff. lists. MIR.
Stanton i, appears advised those that complained to
o 10 these probate Judges, but they refused, saying
Il was not their duty 10 60 1t they mlgnt nave gone
and done themselves justice and refused 10 90 H.
say il ia altogether too late far them to come now ana
cnmnlsip But air. this is most mysterious suolect;
,bars ia much mist and confusion about it. Mr. Stan
ION says the number of counties deprived OF repre-
sanitation in the convention was nineteen. WINE do
vernon Walker says there were h'tsen. Dut iook,
YOU please. and what those gentlemen tnouShI Oh
il before the late singular turn in their potcal lot
Remember that this for the taking OF the cen
sus wss passed long before Mr. Walker WAS appointed
Governor of Ksnsas. The census was to be taken
between the first and last OF March, the proba'e
Judges were to sit from the Dh of April I'LL the hrst
of May TO make corrections in the shers lists, and
the election was to take place in June. Now, MIR.
Walker reached Lscompion on the 18Th oil Msy. AZ
that time the whole matter was completed, and II
there had been wrong DONE it had been done before
that and he should have known il. Mr. Stanfon was
his ayant courisr-the John that went before to make
his path straight. He had been in the Territory
considerable time. and according to his own account
had received information on this subject, ana douot
less communicated it, 1t cannot be presumed that
Governor Walker failed 10 confer freely with hun.
What did he say on the 9TH of May. in his inaugural
about the people being excluded from voting and
counties being DISTINGUISHED Did he say, them that
there was any cause in existence that would prevent
the people from voting for representatives in the coh
yenon Here is what he said:
IL see in this act calling the Convention no impro
per or unconstitutional restrictions upon the right OF
suffrage. see in it 'est oath other similar pro-
visions objected to in relation TO previous lava, but
clearly repealed, as repugnant to the provisions OF
this act far as regards the election OF delegates 10
THE Convention. 1t 10 said that fair and full vote
will not be- taken. Who can safely predict such re-
sull Nor is it us. for majority, as they allege, to
throw the power into the hands of minority, from
mere apprehension II trust entirely unfounded) that
they will not be permitted to exercise the right OF sui
frage."
lie believed them it appears, that there might
be- full and fair vote and urged the people to make
the experiment. Then, SIR, the 9th OF May,
long after these errors were committed. lif they
were committed at ALL Mr.. Walker believed that
no cause existed which should prevent fair and
full vote, according to his own Inaugural. say,
then. that the legality Of the Legislature is to be- con
sidered incontestablei and the law passed by that
body for convention being fair law, under which
no man was prevented from voting except by his own
fault or neglect, and the voters having previously or.
d.red convention, that convention 10 fair mouth.
piece for the people in ito own proper sphere "hht
waa that sphere II was to make and proclaim con.
stituiion. So thnk the law Of its formation shows
II WAS the mouth piece Of the people in this respect
and the people spoke through il. II had the right go
far Al Kansas was concerned to proclaim the consti.
tuition, and did proclaim the constitution have seen
il argued that they mad the right to proclaim the con-
sti.ution but chose to submit IT, and did not submit II
fairly for ratification Though l have ssen great
names vonching for this idea, though have Seen II
held forth from the captols of States and from the
Capitol of this Union, ye', u my humble Judgment, It
hardly rises TO the dignity OF special pleading IL
rather to be the merest bubble, sir. DID not
the convention proclaim the constitution Did they
not say in the seventh section OF their schedule
"Ths constitution sbslI be submitted to the Congress
Of the United States at its next ensuing session
Were there any terms or conditions on which the
constitution was not ito come here for acceptance
None whatever. That was a certain and liked TACT.
with which nothing should interfere. The constiu
lion, then. so far as Kansas was concerned, was
thing accomplished, except as 10 one SIN
gle clause upon which vote was 10 Do ia
ken. When they talk abaut submitting II Tor
qualification "as follows" CT "ih tie following lan
ner or FORM" &c, under which phrase the extent OF
Submission ia always explained. They may not have
used the moat elegant phraasoogy; they may MOI
have used the language best adapted to convey their
ideas; but to say because of this awkward phraseo.
osy that they did not proclaim the Constitution but
did actually submit il, seems to resembles very much
the course of the young practitioner at the bar, who
demura 10 declaration on The ground that some word
ia spelt badly, or that some phrase is ungrammailca
il what is sometimes called petfogging. The Con-
stitution being proclaimed it was to be considered
the act Of the State Of Kansas. and could not after
wards be affected By the ACTION OF the voters OF the
Territory; because You are to oon.dei the iG'Dg 10
the relation in which it will stand when the Oonstiu
ton /. admitted. The act Of admission will relate back
and raise the act Of adoption to the dignity Of aove
r.ign,y. II is to be considered as having been
State at that limo. This Ia always the operation OF
the Of adm-sion Congress can only admit states,
not Territories States can only form Constitutions,
not Territories. The Territory declares lis ndepsn.
ienae and assars it's sovereignty State. and Con-
grsas by admission, recognizes ts claim. This IL the
mode 10 which many, il not all. the new States nave
come into the Union. II, then, you would try the
question whether this is the Constitution Of Kansas
or not. you must try it by legal testimony, as you
would :y the question ~ Juror, whsther prisoner
were guilty hot guilty. IL the legsi testimony ao.
Quilted and you, from acme haarsay rurnora, should
outrage So here il the legal evidence, which lie the
voire of the people speaking through the Conven
ton says that this ia the CO6sttuton of Kansas. ysu
have right 10 look elsewhere for proof All else Ia
illegal testimony. The voters are not authorised to
annul the former action OF the people IN this part
cuar
Gentlemen may cay that this is a legal and techni
cal view of the qnea'ion. All have to say about
tina. is that il We have the law upon our side. how
can the other side and ask for equity! He Who
a.ks equity must do equity. He who comes into cour;
in ouch a capacity must come With clean hands. In
what condition do the Topek aites come before u 10
make complaint The last President tho present
President OF the united o'ates, loverHor Walker
himself all have said that these men come not With
clean hands Ii Is proclaimed on all sidea that they
we're combining and consorting together to overthrow
the existing government that they were guilty ct
moral treason, of sediton, Of everything except 40
tual treasOn and for them TO come now and ark tqui
ty eganst those who have the law upon their SIDE IT,
When an alien comes here, you do not allow him 10
vote till he has rsnouuced his allegiance to his own
Government, and proclaimed his allegiance to THE,
because you have not ev dence of his attachment to
this hovcrnmsnt. We require a citizen Of another
State to remain some tns!n oar own state, in order
Ia give evidence Of attachment 10 Cur ,6sEfiCns.-
These men have heretofore not only given no eyt
dence OF attachment to the institutions of Kansas,
but evsry evidence Of malignant hate. LIE. Cover.
nor Walker tell their spirit aud temper. in his pro
clamation TO the people Of Lawrence, he Gays
Permit me 10 call your attention, az a'il claiming
TO BIZ citizens Of the United States 10 the results Of
your revolutionary proceedings You are inausura
ting rebellion and revolution; you are disregardng
the laws of Congress and Of the territorial govern
ment and defying their authority you are conapirng
10 overthrow The Government Of Tho United States
IN trio Territor7. your pgr2os. il carried into effect
in the mode designated by YOU, by plttiIg 7olr 1s
forcbly into execution. would involve Jou in ihe
quit and crime Of treason. You stsnd now, fellow.
citizens, upon the brink of an awful precipcs, and it
bacomas my duty To warn you ere you take thu fatal
leap into the gulf below. If your proceedings are
,ou doafrov naana If