The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-03

Il s the established by the abolition societies Of
Tho Fast and whilst there respectable number of
mercepsries, who are paid Wy the abolition societies to
perpetuste and dsuse agitation throughout Kansas and
S Ser SWu s
lature organize this irsurrecticn La has
menced herself, and not arrested rebellion will extend
throughout the Territory.
And again
In order to send this communication immediaaely by
mail must cose assuring you that the spirit of rebel
on pervades the great mass Of the republican party of
by Eastern societies. having view results most disastrous
the government and the Unon and that the continued
pre- senoe Of General Harney is Indispensable, as was
originally stipulated by me, with large body OF dragons
and several batteries.
On the goth Of july 1857 General Lane under the
thory Of the Topeka Convention undertook Governor
Walker says
Teorganize the whole free State party no volunteers,
and 10 tase the of all who refuse enrolment.
The proposed object was TO protect the polls sat the
election IN August Of nsurgent Topeka State egs
ase The object in taking the names OF all who refuse
enrolment is 10 terrfy the free State conservatives into
submission This proved by the recent atrocities
mitted such by the Topekates. The speedy oca
teres s necessary The lawrence insurgents await the
Developments Of this new military organization.
In the Governors despatch Of July 27 he says
lane and his staff everywhere deny the authority of
the Territorial laws and counsel total disregard of these
enactments.
Without making further quotations of a similar charac-
ter from other dispatches Of Governor Walker appears
by reference to Secretary Stanoes communication TO
General Cass the 9Th of December last that the i'm
portant step of calling the Legislature together
taken after Governor Walker had become satisfied that
the election ordered by the Convention the 2st instant
could not be conducted without collision and boodshed
So intense the dsloyal feeling among the enemies of
the government established by Congress- that election
which afforded them opportunities, if in the majority 0
making Kansas free State, according TO their own pro-
essed desire, could not be conducted without collision and
boodshed. The truth that until the present moment
the enemies OF the existing government still adhere to
their Topeka revolutionary constitutional government
The very paragraph of the message of Governor Ro
bnson dated th Of December TO the Topeka legislature
assembled at Lawrence, contains open defiance Of
the laws and constitution the United States. The Cover
nor says
The Convention which framed the Topeka constitution
originated with the people Of the Kansas Territory They
have adopted and ratified the twice by direct vote
also indirectly through two elections of State officers and
members OF the State legislature yet has pleased the
administration 10 regard the whole proceeding revolu
tionary
This Topeka government adhered TO with such treason
able pcrtnacry government direct opposition the
existing government presented and recognized by Con-
gress.
is usurpation Of the character II would be for
portion ST the people OF any State to undertake TO esab
ish separate government within its limits for the pur
pose of redressipg grievance, real imaginary of
which they might complain, against the legitimate State
government. Such principle if carried into execution
would destroy all lawful authority and produce universal
anarchy From this staemen. Of facts the becomes
papabe why the enemies of the government authorized
by Congress- have refused vote for the delegates the
Kansas constitutional convention and also afterwards
the question Of slavery submitted by il 10 the people 1t
because they have refused TO sanction recog
any other constitution than that framed at Topeka
Had the whole Iecomptcn constitution been submitted 10
the people, the adherents Of tbs organization would doubt
less have voted against n, because successful they
would thus have removed the obstacles out of
the way OF their revolutionary constitution.
They would have done this not upon the consideration OF
the of the whole or part Of the Lecomp.on consttu
tion but simply because they have resisted the
authority Of the government authorized by Congress from
which II emsnated
Such being the unfortunate condition of affairs in the
Territory, what the right well the duty of the
law abiding people We're they silently and patiently TO
submit TO the Topeka usurpaon TO adopt the
to establish constitution under the authority Of
the organic law Of Congress. That this law recognized
the right Of the peorle OF the Territory, without
enabling act OF Congress- 10 form State constitution
is too clear for argument. Fo. Congress to leave
the people Of the Territory perfectly free " in fra
ming their constitution " to form and regulate their
domestic institutions in their way, subject only
he constitution Of the United S.atss" and then say
that they ,hall M, be permitted to proceed and
frame the constitution In their way, without
press authority from Congress, appears to be almost
contradiction Of terms II would be much plausible
to contend that Congress had power 10 pass such
enabling act than TO argue that the people Of Territory
might be kept out Of the Union for an indefinite period
and until might please Congress permit them
cisc tho right OF self government This would be 10 adopt
not their own way, bat the way which Congress might
prescribe. It Is impossible that any people could have
proceeded with more regularity in the formation Of
stituon than the people OF Kansas have done II was
necessary rst ascertain whether was the desire of
the people 10 be relieved from Territorial dependence,
and establish state government For this purpose the
Territorial legislature in 1885, passed law for taking tho
Of the people Of the Territory upon the expedency
Of calling convention 70 form state constitution. At
the general election TO be held October, 1885, tho
sense Of the people, accordingly TAKEN and they
decided In favor Of q constitution.
II that this election the enemies Of the Terri
orsl government did not vote, because they were then
engaged at Topeka, without the slightest pretsxt Of law
ul authority in framing constitution OF their for
subvertng the Territorial government In pursuance OF
this decision Of the people In favor OF the convention the
Territorial Legislature the 27th OF February, 1857,
passed for the election Of gates the third
Monday Of June 1851 20 frame state constitution This
law fair in It's provisions any that passed
legislative body FOR similar purpose. The right OF suf
faRe at this election clearly and justly defined Every
bona fde citizen Of the United States above the age of
twenty one and who had resided therein for three months
previous that date entitled 10 vote In order avoid
all Interference from neishboring states aod Territories
with the freedom and fairness Of the election, provision
made for the registry Of qualified voters, and pur
suant thereof nine thousand two hunrcd and any one
voters registered. Governor Walker did his zhoe
duty In urging all qualified citizens Of Kansas 10 vote at
this election. In hs inaugural address the 9th Of Mg
he informed them that
Under practice the preliminary act OF framing State
constitution Is uniformly performed through the instru-
mentally Of venuon OF delegates chosen by he reo
pie thernse That conver tion Is about % &c
elected by under OF IL eisa.