The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-29

Rsmonstranee - Congress sgainst the Le-
compton Constitution by the State OmceSs
Elected under IL.
LAWRENCE, K. +. JAM 20, 1858.
1send you In advance the following remembrance to
Congress against admitting Kansas under the Lecompton
constitutions which has been got up by the State ocers
elected under the provisions Of that constitution On the 4th
inst, and will shortly be sent TO Congress-
TO THE HONORABLE THE SENATE AND HOUSE OF REPRif1SrA-
TvEs OF TiE UNITED STATES, IN CONGRESS ASSEMBLED.
The undersigned, the State officers elected under the
provisions Of the Iecompton constitution for the State Of
Tba. The constitution Under winch they have been elect
ed 10 the various offices TO their appended Is not
the creature Of the popular WILL but that on the other hand
Of the bona tide citizens of the Territory of Kansas
This constitution fran ed by Convention elected
by small minority Of the people OF Kansas under an
election law census and apportonment that utterly
disranchised the whole people of one half OF the counties
of this Territory and deprived the great bulk OF the peo
ple of the other counties Of the right Of suffrage
OF the delegates thus elected but bare majority met TO
accomplish the work for which they we're elected THESE
proceeded TO frame constitution for the people Of Kansas
which, in most of its important provisions Is repugnant 70
the wishes and opinions of the people, and in their OPT
pion hostile 10 the best interests and prosperity OF the
| State.
The constitution thus framed WAS not submitted by the
Convention to fair vote of the people for their rat "a
ton or rejection but on the other hand their ~ gments
were nsuted and their rights ried with by the pretend
ed submission of what is called the slavery article in
such present question except that Of the
introduction Of slaves into the State in future and forcing
every who voted to give his sanction to all the other
provisions OF the constitution, and to take, required,
e,t oath 10 support said constitution If adopted
Under the provisions Of the schedule providing for said
election those who voted ballot marked Constitution
with slavery" necessarily gave their sanction 70 the
whole instruments and those who voted ballot marked
Constitution with no slavery" necessarily gave their
sanction all the provisions Of the constitution except the
slavery article, and in lieu thereof substituted article
prohibiting introduction of slaves into the State in flu
ure, and confirming those now in the Territory and their
postery in slavery for all time to come This was the
simple effect Of the vote
scarcely necessary for us TO say that the privilege
/ Of voting upon proposition thus beset with condi
tons utterly inadmissble or unjust. or the power
OF deciding upon SINGLE and, as presented, by
important question, purchased at the ex-
pense of giving the sartion of our votes to many
provisions that judgments condemn, was and is con-
dered by the people Of Kansas boon but Abe other
hand is Justly held to be an insult to people who know
and appreciate the rights OF freemen and hence eight
epths of the people rejected the offering with contempt
and refused to participate election that thus compro
missed the dignity Of an American citizen.
In view Of these facts the Territorial Legislature, at its
late session. provided by law for the submission OF
the whole constitution the 4h day OF January inst in
three distinct propositions, viz
Constitution with slavery.
Cons titution with no slavery.
Against the constitution.
The Of this election not yet all received but
enough known TO warrant US IN saying That the vote asst
a. ainst tho constitution is about. ii 600
For the constitution with slavery $50
For the constitution with no slavery .......... "a
This large vote against the constitution cast at an
election holden the 4h day of January 1855 under the
law passed on the 18th December 1857 whilst the
cessary short imperfect thereof doubt pre-
vented thousands in the distant interior counties, where
the people all opposed 10 the constitution from casting
their votes against II.
Inasmuch the pro slavery party refused 10 partici
pate in this election we present the vote poed at the
election Of December 81 provided for by the schedule OF
the constitution, which 10 as follows:
Constitution with slavery.
Constitution with no savery. ooe
Majority ..................,.b,57&
or this majority more than one half was obtained
three very sparsey settled precincts, the Missouri
border two O; which oxford and Shawnee-are in the
shawnee reserve land not yet legally for settlement
VIZ ,os.
shawnee .........'...'...'... ~
Total .sol2
From personal knowledge Of the settlements in and
about the above places feel that hazard nothing in
saying that the great bulk Of this vote is fraudulent and
fctous and taking into visw other palpaele but less
glarng frauds In other precincts, feel justified in
sorting that not 1000 of the bona fde citizens Of
Kansas their votes for the Lecompton constitution on
as in the election on the Attn Of January officers,
&C.. will be laid before your honorable bodies in few
days, in the report OF Board Of Commissioners au'ho
| rized by law 10 investigate the same.
We present the above facts In support OF our decara
ton previously made, that the people Of Kansas have
rejected the Lecompton constitution by an overwhelming
] majority.
The object Of your memorsists and those who support
ed them IN thus participating in the election of State o
GERS &c under this constitution, not designed 70 give
the slightest sanction TO that Instrument but on the other
hand TO place ourselves In position TO destroy IN case
ing upon the pcoue organic law against their will and
repugnant to their feelings Our position win be readily
understood upon this point by reference 70 the following
resolution adopted unanimously by the Convention by
which We were nominated, viz -
Resolved That the candidates nominated by this Con
venon accepting such nomination, will be considered
pledged, should the constitution be approved by Con
ress TO aeopt and execute immediate measures for tna
bling the people, through constitutional convention
70 obtain such constitution ~ the majority shall up
prove"
Thus pledged we went before the people and contested
the election under the provisions Of the schedule OF the
constitution which opened a wide door TO fraud, and
| upon which frauds 70 the extent Of $500 TO 1000
votes were committed and under Judges Of the cleo
ton who, in many precincts, demanded test oath
to support the constitution in direct violation Of
otherwise have voted tho FREQ state ticket were
prevented from voting, and under the additional die
advantage of strong and incurabe antpaihy on the
part Of many OF our people against participating In an
election under the authority Of constitution framed and
submitted AZ was the iecompton constitution by which
frages. Yet in the face Of all these dsady antagcs we
have received majority OF all the votes cast giving the
opposite party the advantage Of all the Illegal votes cast
| or returned.
In view then of the fact that the Lecompton consu
ton was formed by majority Of Convention elected
by small minority OF the people OF Kansas, and that
thai Convention refused TO submit the constitution thus
framed to The people Tor their ra,lncston or
vide by aw for It's submission, under which law II has
been submitted and rejected by an overwhelming ma
ory and for the sake OF the peace and prosperity OF THIS
beautiful Territory, well the harmony and integrity
Of the Union the officers elected under said consttu
Sc S So not ~ sa kansas ne the o under said
constitution and thus force upon unwilling people an
organic law against their expressed will, and in violation
| Of every principle Of popular government
| GEO. ". SMITH Governor
| W. " ROBBERrS, Lieutenant Governor.
| y. c. SCHUYLER, Secretary OF state
A. j. MEAD, Treasurer.
| JOEL u. GOODIN, Auditor.
| Trouble with the shaysaee Indians In Kansas.
| HOUSES BURNED AND SETTLERS DRIVEN FROM rHErR
HOMES.
IAwRkvcE, X. T., Jan. 10, 1858
Considerable excitement exists in the visny Of Frank
| lin, few miles from here, account OF a COLLISION be-
the settlers and the Indians All the squatlers IN
that neghborhood really ntruders for the lands be
long 10 the reservation and the portions selected
by the Indians have not been made public The Indians
therefore, regard the settlers with much jealousy and dit
( ncutes often occur between them.
For some time there had difficulty between 'Ncd