The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-20

the people to DO without hindrance Of any kind there
fishing, regulating or prohibiting siavehoidins.
dspeased the other. The defeated antsavery party
protested believe that Congress bad power and
to exercise exclude slave property from territory
which had been acquired by the joint efforts and at the
common expense OF slave holders and non slave holders
The victorious democratic party believed that Congress
bad such power under the constitution, and that it
would be inequtabe TO exercise II, II had and. also,
would be fragrant violation Of the third article Of the
treaty with France by which the country acquired.
Immediately after the passage OF the act, people
living in Missouri upon the borders Of Kansas being
well acquainted with the country poured into that Ter
ritory in large numbers, and appropriated many OF
the mo.t fertile, best watered and best tmberod
On the other hand prior TO the final passage OF the
Nebraska bill but after passage became evident
which ultimately public, to ncte and aid the en-.
grson into Kansas OF opposed to the existence
slavery for the purpose Of carrying out its pro-
visions exclusion Of he slave property ofthe
Southern States from the Territory This secret comb
nation Of politicians to pepetrate sectional injustice was
promptly followed by public ones and moneys were col
aiding effort TO exclude Southern property from Kansas
This sectional and anatcal purpose was practice gene
rally coupled with some one or more schemes of money
making OF highly speculative character This effort
very naturally provoked counter Efforts violent con-
roversies between the asssants and the assaied fol
lowed.
The creators of strife, often ia the case, were
woTsted OF the voters that occasion this may be said
Many were bad men The scenes were, il possible as
as those which have been such scsudslous
reproach to the large cities Of the Atlantic Pacific
States in violently contested elections.
Immediately after the very rst election many of the
voters belonging to each of the conendng parties and
among them the defeated candidate for delegate Con-
gress left the Territory never to return Few Of the
emgrants from the various States other than those from
the adjacent State OF Missouri who alone had easy and
early facilities for making themselves comfortable passed
drst winter Kansas and many of the settlers in
ha ntar ont oft ha
tory But with the spring emigrants and disturbances
returned to Kansas. During the whole of the second
year sbb) IL believed the majority OF the actual set
tiers in Kansas emgrants from the adjoining State
But as the macs OF the emgants sent out TO Kansas under
the nspfa of the abOlonsts poorly fitted for
labor in unbroken fields and had to draw largely upon
the AID OF absent and fanatca friends for support and
as both the supported and the supporters were
to wrangling and disputation the Ter
rtory was quickly filled With strife And as local con.
tenton and violence increased did the heat and the
contributions Of the remote supporters until the turmoil
IN Kansas on one side matnred into open defiance OF oil
the laws OF the Territory. The handful OF emgrans
were ostenatiously furnished, by religious men,
amid prayers and hymns with destructive weapons, and
TO set up independent government This
only not put into actual operation probably but for
the 6rmness Of the government officers, backed by the
troops othe United States For nearly three years these
turbulent spirits thus encouraged by the restless and
fanaca elsewhere, have kept the Territory state OF
anarchy and disorder. They have uniformly dsregarded
the laws far has been possible for them TO
When elections held, instead Of peacefully paxtci
patng in them they disturbed and annoyed the voters in
every Conceivable way ana ended IN holding elections
upon days and in manner unauthorized by law, and
pressiy to contravene the law.
When at asst to end, If possible these disorders and
stres the Legislature made provision for vote of the
people upon the question whether q State government
should be formed by the making and adopting of consi
tuition, these organized dsturbers combined TO prevent
u and fair vote So likewise, when the Convention had
been ordered by regular vote OF the people 70 be called
hese armed mischief makers threw every obstacle In the
for members of the Convention; and then when
hese violent illegal ana bloody efforts had been partially
uccessful they filled the country with their complaints
hat the registration which they had resisted with arms
lad not been full and fair and the registration not
bsolutely full and complete they wished the people of
he United States to infer that the election Of the members
4 the Convention was neither legal fair. The
'eople having by direct vote, ordered the calling of
Convention TO form constitution, the abolition agators
md dtur refuse 10 vote at the ee toa OF members
" said Convention and then after obstinate refusal
aised outcry that the Convention unjustly cons
u,ed inAsmuch Is they were not represented theren
After the formation Of constitution they cried against
he constitution upon the ground that they had been
Allowed to vote for its ratification though they knew. be-
the eiecto, OF the Convention that the Convention
iad been clothed with full authority make constu
on they well knew that the bali providing og the cleo
ion of men ber of Convention had been vetoed by the
Governor upon the express ground that enabled the
convention 10 make constitution, and that had been
made law AFTER full consideration OF such veto. They
knew a the Governor and the officers Of the Territory
in various had made great exertons to induce them
to go TO the polls like honest law abiding citizens and
vote for who would respect their wishes aad that
they bad refused to heed these sole lalons.
They also knew that the Convention had not only at
forded opportunity for the good citzens who had
esered themselves according 10 law 10 decide
" neither slavery should should be established In
Kansas as legal institution, but hal also allowed
hose bad who had disobeyed the laws and who had
combined ~ prevent full registration TO vote with the
registered voters upon this vital question: and they also
that they refused TO VOTE under such crcum
stances, upon this proposition
The Convention called by direct vote OF the PEG
PIE in direct pursuance OF law the pespse in pursuance
n law, subsequently elected Convention 10 make
tuton ano, in strict pursuance Of all the forms oh
Qryed by srCh Convention Convention legally
'ected, td make constitution. That constitution, thus
eQslly created, is, recognized by Congress- the su
law Of Kansas, aud only be changed by the
people of Kansas who, through their legal representa-
ives, have thus formally created II. No Legisia-
Sre o. N, kansa., a'es TIE people hal IN pursuance
constitutional Convention TO make constitution could
egaly Interfere with t, either to increase b Lessen
n powers. The Convention, being the direct Official
OF the sovereignty OF the people, could no
more be restricted IN its legitimate action by Lessla
ure than could the people themselves be restricted had
hey been aesembed m person, IN great meet
Dg, ~ make a constitution for their government
Renee the work OF that Convention naI aud complete
and must remain ia all IT, parts, until changed By the
eople that called and elected the Convention that made H.
The vote Oh the single clause submitted the 2lst De
cembtr, 1857, was fna vote the Convention ttself,
reassembed, could neither change the constitution
order a second vote. The power with which II was In
trusted by the people n exhausted IT. members are now
1nly private citizens and, ike other private citizens must
)bey each and every requirement " the constitution
which they severslly helped b. create. Far less a
hereto Unauthorized Executive, judiciary legislature
'ue Consututsou maze Oy
he pcs c through their selected rcprcsenlatves-repre
'enis elected by the people themselves and clothed
with special, direct aud positive authority for that and
or 20 other purpose.
Good citizens and representatives Of good citizens can
tot consistently DO anything expressly uphold vostors
II as aud known dstufbers Of the public peace II Is
Like impoc and unjust 20 grant the turbulent demands
d the dsorderly be they few o. many wrong aid
hem % oyerturn Constitution mace by the law abiding
Importers Of the government aud laws OF kansas the
more especially when the iabitua gsturDcrs would not
have any Of complaint Of am Kind they them
selves loudly II they had listened 10 the earnest
,uunscs o. ihs President Of their n,ry and the
Of their Territory and had exercised their right and
honestly performed their DUTY o. voting upon ether Of
hese occasions l. vhen The vote taken upon calling
convention. .. when the convention elected: 3,
when the question Submitted whether the slavery
clause should should be retained in the cousttl
lion II the sbolitionists were IN a majority they 20
loudly boast and would not vote against the establish
ment Of slavery Kansas, but allowed those who would
vote ~ establish H. they have no lust cause OF
complaint they we're In minority, there Il reason
to believe they have no 1use Of complaint, for the
ory Of the people voting accordance with the theories
of all ought 10 rule Not rithtandng the npisy and
claims Of the sboluonists 20 he considered
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