Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-02-05
psus1DEr1vs MESSAGE.
To the Senate and House Of Representatives.

tilted by himself of the constitution framed by that body
with the expression of hope that would submit the same
to the consideration of Congress with the view OF the
admission of Kansas into the Union independent
State In compliance with this request herewith trans
nit Congress- their action the constitution of Kansas
with the ordinance respecting the public lands well
the letter Mr.. Calhoun dated at Lecompton the 18th
ultimO by which they accompanied Having receiy-
send this to the Senate.
ation condition of parties in Kansas. This arises
from the difficulty of inducing the American people to real
of rebellion against the under which they live
When speak of the affairs of Kansas apt to refer
that Territory divided the question of slavery just
speak of such parties in the States This presents no AIDE
there is not between two political partiss both acknowdg
ing the lawful existence Of the government but between
endeayored destroy existence by force and by usurpa
those who sustain and those who have done
established by Congress- This they would long
have subyerted had not been protected from their
the condition OF affairs since inauguration: Ever since
that period large portion of the people of Kansas have
military leader at their head of most turbulent and dan
gerous character They have never acknowledged but
which they allegiance and have been all the time in
state of resistance against its authority They have all the
utionary governments under the socaed Topeka constitu
tion in its stead Even at this moment the Topeka
of Gov Walker with the State Department. recently
communicated to the Senate, will be convinced that this
picture not ovcrrawn He always protested against the
withdrawal Of portion of the military force of the
United States from the Territory deemng its alb
soutc for the of the regular gov
ernmen and the execution Of the laws In his very first
despatch to the Secretary of State dated June 1857 he
says The most alarming movement, however, proceeds
assembling the 9th June of the sOcaed Topeka
legislature with view the enactment of entire code
laws. Of course, will be my endeavor to prevent such
result it would lead to inevitable and disastrous coils
ion and, in fact, renew the civil in kansas This
with difficulty prevented by the efforts Of Gov Walker
but thereafter the 14th of July, we find him re-
quesng Gen. Harvey to furnish him regiment OF dragons
to the city of this for the reason
that he had received authentic intelligence, verified by his
actual observation that dangerous rebellion had
occurred involving open defiance of the laws and the
establishment of an nsurgent government III that CITY,
In the governors despatch of July 18th he informs the
Secretary State that this movement at Lawrence
the beginning of plan originating III that city, to organize
instruction toug heut the Territory and especially in all
towns cities counties where the republican party have
majority Lawrence the hotbed of all the movements in
this Territory. the established by the abolition
societies of the East and whilst there respectable people
who paid by abolition societies to pcrpctuac and dsc
agitation throughout Kansas and prevent peaceful settle
Topeka State legislature to organize this nsurec
Lawrence has commenced herself and II not arrested
the rebellion will extend throughout the Territory
And again In order to send this communication i'm
mediatey by mail must close by assuring you that the
spirit OF rebellion prevades the great mass OF the republican
they by eastern societies, having in view results most
Disastrous to the government and to the Union and that
originally stipulated by me- with large body of dragons
and several batteries
the Topeka convention Governor Walker informs to
organize the whole socaed State party into voun
tecrs, and to take the of all who refuse enrolment
The professed object to protect the polls at the election
in August of nsurgent Topeka State legislature
The object of taking the of all who refuse enroll
ment to erry the rccStatc conservatives into subms
ion This proved by recent atrocities committed such
by Topekacs The speedy location OF large bodies of
regular troops here with batteries is necessary. The
Lawrence insurgents await the development of this
the mss1y Gespach Of he says that
Gen Lane and his staff everywhere deny the authority of
enactments. :"
Without making further questions of similar character
from other dispatches of Gov. Walker appears by ref
to Mr. Stanons communication to Gen Cass of the
9th December last that the important step of calling the
sGcd that the election ordered by convention on the 2st
coud not be conducted without collision and blood
mics of the established BY Congress- that an
election which afforded them an opportunity if in the ma
prOfessed desire could not be conducted without COLI
sion and bloOdshcd!
OF the existing government still adhere to their Topeka
dictionary constitution and The very first
December to the Topeka legislature assembled at Law
contains violation of the constitution and laws
which framed the constitution at Topeka originated with the
people Of Kansas Territory They have adopted and rat-
two elections of State officers and members of the State le
gislare Yet has pleased the administration to regard
the whole proceeding revolutionary
This Topeka government adhered to with such treasona
bic pertacity government in direct opposition to the
1t usnrpaton of the character would be for
PORTION of the people of State of the Union to undertake
to establish separate government within its limits for the
purpose Of redressns any grievance real imaginary
which they might complain against the legitimate State
would destroy all lawful authority and produce universal
anarchy.
From this of facts the becomes palpa
bic why the enemies of the government authorized by Con
gress have refused to vote for delegates to the Kansas
slavery submitted by the people. 1t because they
have refused to sanction recognise other nstiu
ton than that framed at Topeka.
Had the whole Lecompton constitution been submitted to
the people, the adheren of this organization would doubt
thus have removed obstacle out of the way of their
revolutionary constitution They would have done this
upon consideration of the merits of the whole any part
OF the Lecopon constitution but simply because they have
resisted the authority of the authorized by
Congress, from which it emanated.
Such being the unfortunate cOLdton of affairs in the Ter
rtoy, what the right well the duty of the law
to the Topeka usurpaton adopt necessary measures
to establish constitution under the authority of the organic
That this law recognized the right of the people of the
Territory. without enabling act from Congress to form
State constitution, is too clear for argument For Con
gross to leave the people of the Territory perfectly Free
in framing their constitution to form and regulate the
domestic Institutions their way subject only to the
constitution of the United states then say that
shall not be permitted to proceed and frame constitution
in their way without express authority from Con
srcss appears to be almost contradiction in terms.
would be much plausible to contend that Congress
power to pass such enabling act than to argue tina
the people of Territory might be kept out of the Union fo
indefinite period, and until it might please Congress
them to exercise the right of segovernmen Th
would be to adopt not their way but the way which
Congress might prescribe
It impossible that any people could have proceeded
with regularity the formation of constitution thai
the people Of Kansas have DONE twas necessary first
whether the desire of the people be
eved from their territorial dependence and establish STATE
government For this purpose the territorial legislature
in 1866, passed law for taking the of the peope
the Territory upon the expedicncy Of calling convention
held in October 1856 The of the people was &C
codngly taken and they decided favor of convention
1t is true that at this election the enemies Of the territorial
government did not VOTE because they were then