The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-11

err officers in that Territory, until the
general election ON the first Monday
Of October, 1857, the Free-State par
ty, so called, did boldly, firmly, and
persistently refuse to recognize the
Territorial Legislature of Kansas as
legally and duly constituted legis-
lative body, with authority to pass
laws which were valid and binding
on the people Of Kansas, for the rea-
son, as they alleged, that the men,
bers Of that Legislature were not
elected by the people of Kansas, but
were elected by four or five thousand
citizens Of the adjoining State of Mis-.
souri,, who are said TO have invaded
the Territory on the day, and few
days previous to the day of election,
and dividing themselves into small
parties, and spreading over all the
inhabited parts Of the Territory,
took possession Of the polls, and
drove away the peaceable, legal vo-
tiers, and thus forced a Legislature
upon the people Of Kansas against
their will, and in violation Of the
Kansas Nebraska act.
These are the allegations and
grounds Of justification urged by the
Free State party in Kansas during
the period to which ! have referred.
1t is no part of my present purpose
to inquire how far these allegations
are sustained by the facts; nor what
number of the election districts were
controlled by these illegal votes !;
nor the principles Of law applicable
to the facts, or the legal conclusions
properly resulting from them. These
questions were all fully considered
and deliberately discussed by me in a
report from this Committee on the
18th day of March, 1856. refer to
them now not for the purpose Of re-
opening that discussion, or of chang
ing the conclusions to which | then
arrived, but with the view of show
ing upon what grounds the Free
State party claimed that they were
justified in Withholding their allegi-
ance to the Territorial Government
until a fair opportunity was afforded
the people Of the Territory to elect
their own Legislature, in pursuance
of the original law; and that from
the day on which the members elect
ed in October assembled and organ
lied as a Legislative body, all the OPP
ponents of the Lecompton Constitu-
ton have recognized the Territorial
Government as valid and legitimate,
acknowledging their allegiance to it,
and their determination and duty to
sustain and support it. The October
election becomes memorable period
in the history of Kansas, for the ad-
ditional reason that it marks the
date where the Lecomptonites chang
ed their whole line of policy, and
formed the scheme of forcing the
Constitution on the people without
their consent, and Of subverting the
authority Of the Territorial Legisla-
ture without the consent of Congress.
Up to this period it has been gene
rally understood and conceded that
the Convention had been called for
the purpose Of framing Constitu-
ton and submitting it to the people
for ratification or rejection, and of
sending it to Congress for acceptance
only in the event it should be first
ratified by majority Of all the legal
voters Of the Territory. Upon this
point there is no room to doubt that
the President and the Cabinet con.
Cured with the people of Kansas
that it was the duty Of the Conven-
ton to submit the Constitution to
the people, fairly and uncondition-
ally, for ratification or rejection, be-
fore it could be considere dthe act
and deed Of the people of Kansas,
and that its ratification by the peo-
pie must be condition precedent to
the admission Of Kansas into the
Union by Congress. The President,
in his instructions to Governor
Walker, through his Secretary Of
State, under date of March 80, said
When such Constitution should
be submitted TO the people of the
Territory, they must be protected in
the ersrcise Of their right Of rotiHg for
or against that instrument, and the fair
expression Of the popular will must
not be interrupted by fraud or vio-
lence.'
Governor Walker, in his official
dispatch to the Secretary Of State.
under date Of June 2, said:
"On one point the sentiment of the
people is almost unanimous, that the
Constitution must be- submitted for
ratification or rejection, 10 a vote Of
the people, who shall be bona fide