The Kansas herald of freedom., 1858-01-09
LAWRENCE, KANSAS, JANUARY 9, 1858.


nineteen of these counties there was no
census, and therefore there could be no
such apportionment there of delegates
upon such census. And in fifteen of
these counties there was no registry of
voters. These fifteen counties, including
many of the oldest organized counties in
the Territory, were entirely disfranchised,
and did not give (by no fault of their
own,) and could not give solitary vote
for the delegates to the Convention
This result was superinduced by the fact
that the Territorial Legislature appointed
all the Sheriffs and probate Judges in all
these counties, to whom was assigned the
duty by law of making this census and
registry. These officers were political
partisans, dissenting from the views and
opinions of the people of these counties,
as was proved by the election in October
last. These officers, from want of funds,
as they alleged, neglected or refused to
lake any census, or make any registry in
these counties, and therefore they were
entirely disfranchised, and could not and
did not give single vote at the election
ior delegates to the Constitutional Con-
ventlon. And here l wish to call atten-
ton to distinction which will appear in
my inaugural address in reference to those
counties where the voters were fairly
registered, and did not vote. In such
counties where full and free opportunity
was gwen to register and vote, and they
dld not choose to exercise such privi-
lege, the question is very different from
these counties where there was no census
or registry, and no vote was given, or
could be given however anxious the peo
pie might be to participate in the the
election of delegates to the Convention
Nor could 1t be said these counties acqui-
eseet, for, wherever they endeayored, by
subsequent census or registry of their
own, to supply this defect, occasioned by
previous neglect of the Territorial officers,
the delegates thus chosen were rejected by
the Convention.
| repeat that, in nineteen counties out
of thirty-four, there was no census. In
fifteen counties out of thirty-four there
was no registry, and not solitary vote
was given, or could be given, for Dele
gates to the Convention in any one of
these counties. Surely, then, it cannot
be said that such Convention, chosen
by scarcely more than one tenth of the
present voters of Kansas, represented the
people OF that Territory, and could right
ly impose Constitution upon them with
out their consent. These nineteen coun-
ties, in which there was no census, con-
stituted majority of the counties of the
Territory, and these fifteen counties in
which there was no registry gave much
larger vote at the October election,
even with the six months qualification
than the whole vote given to the Lecomp-
ton Constitution on the 18th of Novem-
Der last II, then, sovereignty can be del
egated, and the Convention as such are
sovereign, which 1 deny, surely it must
be only in such cases as when such Con-
ventions are chosen by the people, which
we have seen was not the case as regards
the late Lecompton Convention. 1t was
for this and other reasons that in my in
augural and other addresses l insisted
that the Constitution should be submitted
to the people by the Convention, as the
only means of curing this vital defect in
its organization. 1t was, therefore among
other reasons that when, as you know, the
organization called the "Topeka State
Government was made, and as a conse-
auence an inevitable civil war and con-
flict must have ensued, these results were
prevented by my assuring, not the AbOli-
tionists, as has been erroneously y stated
(for my address was not to them, but to
the people of Kansas), that in my judg-
ment, the Constitution would be submitted
fairly and freely for ratification or rejec-
ton by their vote; and that if this was
not done, I would unite with them (the
people, as noto do, in lawful opposition
to such procedure.
The power and responsibility being
devolved exclusively upon me by the
President of using the Federal army in
Kansas to suppress insurrection, the al
tentative was distinctly presented to me,
by questions propounded at Topeka, of
arresting the revolution by the slaughter
of the people, or of preventingit, togeth-
er with that civil war which must have
extended throughout the Union, by a
solemn assurance, then given, that the
right of the people to frame their own
Government, so far as my power extend
ed. should be maintained. But for this
assurance. it is a conceded fact that the
Topeka State Government then assem-
.bled in legislative session. would have
been put into immediate actual operation.
and that sanguinary collision with the
Federal army and civil war must have
misunderstanding, it is feared, through
out the Union.
Indeed, the whole idea of an inaugu-
raj address originated in the alarming in.
telligence which had reached Washington
City of perilous and ineipient rebellion in
Kansas. This insurrection was rendered
still more formidable on my reaching the
Territory by the near approach of the as
sembling of the revolutionary State Leg
islature. and the very numerous mass
Conventions by which it was sustained.
In truth | had to choose between arrest
ing that insurrection, at whatever cost of
American blood, by the Federal army, or
to prevent the terrible catastrophe, as
did by nv pledges to the people of the
exertion Of all my power to obtain a fair
election and the submission of the Con-
stitution to the vote of the people for
ratification or rejection.
Ny inaugural and other addresses were,
therefore, really in the nature Of procla-
nations, so often issued by Presidents and
Governors, with a view to prevent, as
they did in this case, civil war and insr1r-
rection. Now, by my oath of Office was
sworn to support the Constitution Of the
United States, which 1 have shown, in
my judgment, required the submission of
the Constitution to the vote of the people.
/ was sworn, also, to take care that the
Kansas and Nebraska bill should be faith
fully executed, which bill, in my judg-
ment. as heretofore stated, required that
the Constitution should be submitted to
the vote of the people, and ] was there
fore only performing solemn duty, when
as Governor of the Territory to whose
people my first obligations were due. ]
endeayored to secure them these results.
The idea entertained by some that /
should see the Fede1al Constitution and
IL H..Il 4