The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-11

/ SOukECooiOGoi oAioSAJ
What do they think of the conduct OF thei
| President?
THE PRESIDENTS MESSAGE ON THE LIZ
COMPTON CONSTITUTION.
The reader will not overlook the President
Message, urging upon Congress the recognition
of the Lecompton Constitution, and the admis
sion of Kansas into the Union under it. 1t ha
already undergone severe criticism in that body
and its misrepresentation will hardly deceivt
anybody, well-informed in relation to Kansas
affairs, and disposed to do justice to its PEG
pie.
All that the President says of the rebellion
of the Free State Party may be disposed of liz
few words. The struggle in Kansas, he says
is between those who are loyal to " the Terrific
rial Government established by Congress-" and
those who are in rebellion against it.
he devotes column of the message to show
that the Free State People of the Territory have
not only rebelled, organized in warlike array
against the Government established by Con
gress," but that they framed the Topeka Con-
sti.ution, and have endeavored to establish an
independent Government under it, in subver-
sion of the existing Territorial organization.
He adduces no new reasons in support of this
position. He does nothing more than refer to
facts already known and read of all men. We
shall admit as genuine all that he quotes
from Governor Walkers correspondence about
rebellion in the Territory, all that he quotes from
Governor Robinson, concerning the Topeka
Constitution, the facts stated, that there is q
military organization in the Territory, controlled
by Free State leaders, and that the Free State
Party has never recognised the legitimacy Of
the first Territorial Legislature, elected by Mis-
sourians, never acknowledged the validity of its
acts, always declared their purpose to resist
them: we shall admit all the quotations he
makes, and all the facts he states, and then
deny, point blank, that they sustain his aver
ment, that the Free State Party has been and
is in state of rebellion against the Govern
mem established by Congress and that the
Free State Party has organized an independ-
ent Government under the Topeka Constitu-
sion, with view to put it in operation-in sub
version of the legitimate Territorial Govern.
ment.
Take notice of the deceptive phraseology-
The Territorial Government established by
Congress -" The enemies Of the Government
established by Congress -" in direct opposi-
ton to the existing Government prescribed and
recognised by Congress "-"th enemies of the
Government authorized by Congress -" They
have ever resisted the authority of the Gopern.
ment established by Congress-" The object is
manifest-it is to impress the mind of the care
less reader with the idea that the Free State
Party is in rebellion against the laws of Con.
gress-against Federal authority. AS no facts
can be found to prove this, he assumes it, and
relies upon trick of phraseology to give cur
rency to the assumption.
Let us understand the matter. If by the
Territorial Government" be meant the Legis.
la.ive department, as we'll as the Executive and
Judicial departments, it is ridiculous to ssy
that the Government is established Jy Con-
gress-Congress has nothing to do with the
election of the Legislature, or the appointment
of the Governor and Judges. The People elect
the former; the President appoints the latter
The phraseclogy used by the President is with
ont meaning, unless it refer alone to the Or
ganic Act, constituting the Territory, and pro.
viding the mode in which the Government shall
be organized. This act the Free State Party
bps Nsyer Ees i. resisted the Executive
Judicial officers appointed by the Federal Ex-
ecutive, nor intimated at any time a purpose
to do so. Governor Walker brings no accuse.
ton of the kind against them-the President
can lay bis finger upon no shred of evidence
to sustain such an accusation; nor does he
pretend to do 30. The sum and substance of
the rebellion of the Free State Party is, that it
has uniformly refused to recognise the legiti.
macy of the body claiming to be Legislature,
which was elected by Missourians, refused to
acknowledge the validity of any of its acts, and
proclaimed it's purpose never to yield obed
ence to them. To represent this attitude of re.
sistance to gross usurpation in the Territory,
as rebellion against Government establish.
ed by Congress-" is to insult an intelligent
Public.
As to the Topeka Constitution and Govern.
men', we all know that they existed only on
on paper. The men who organized them did
not dream that they could have any validity.
till recognised by Congress. They knew that
no Convention, whether originating with the
People or the Legislature of Territory, could
convert the Territory into State, without the
consent of Congress. They never attempted to
organize and put in operation State Govern
ment, In subversion of the Organic Law of the
Territory. They agreed upon the form of
Stlte Constitution, and the officers to act under
it, and then memorialized Congress, praying
that their acts might be sanctioned, and Kansas
be admitted as State under that form of Con.
stitution. There was no rebellion in this, and
the President knows it.
The President next insists upon tie right of
the People of Kansassto form State Constitu.
ton, in virtue of the Kansas N ebraska act.
without any further enabling act; and that,
having proceeded regularly, and formed Con.
stitution, republican in form, Congress is bound
to recognise it and receive them into the I'm.
ion. The People of Kansas elected a Legisla
ture-the Legislature submitted to them the
question whether there should be Convention
to form State onstitution-a majority of votes
was recorded in the afirmative-the Legislature
then called Convention-the People elected
delegates-the Convention formed Constitu
ton, submitted to the People the only question
of controversy, that of Slavery, and majority
Of votes was returned for the Constitution with
Slavery' this Constitution is republican in
form, aud is now submitted to Congress