Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1858-02-11


| Walker, it appears by a reference to acting
Governor StauntOn's communication to See.
retary Cass, under date of the 9th of Decem.
Der last, that the important step of calling
| the Legislature together was taken after
Governor Walker had become satisfied that
the election ordered by the Convention on
the 2lst inst, could not be conducted with
out collision or bloodshed. Sosintense was
the disloyal feeling among the enemies of
the Government established by Congress,
that an election which afforded them an op.
portunity, if in the majority, of making
Kansas free State, according to their own
professed desire, could not be conducted
without collision and bloodshed The truth
is, that until the present moment the enemies
of the existing Government still adhere to
their Topeka revolutionary Constitution and
Government. The very first paragraph Of
the message of Governor Robinson, dated
7th of December, to the Topeka Legislature
now assembled in Lawrence, contains an
open defiance of the Constitution and laws
of the United States.
The Governor says: The Convention
which framed the Constitution at Topeka
originated with the people of Kansas Terri
tory. They have adopted and ratified the
same twice by 4 direct vote, and also ndi
and members Of the State Legislature. Yet
it has pleased the Administration to regard
the whole proceeding as revolutionary"
This Topeka Government, adhered to with
such reasonable pertinacity, is a Govern
ment in direct opposition to the existing
Government, as prescribed and recognized
by Congress. 1t is an usurpation of the same
character as it would be for portion of the
people of any State to undertake to establish
seperate Government within its limits, for
the purpose of redressing any grievance, real
or imaginary, of which they might complain,
against the legitimate State Government.
Such principle, if carried into execution,
would destroy all lawful authority and pro-
duce universal anarchy.
From this statement Of facts, the reason
becomes palpable why the enemies of the
Government authorized by Congress have re.
fused to vote for delegates to the Kansas
Constitutional Convention, and also after
wards on the question of slavery, submitted
by it to the people 1t is because they have
ever refused to sanction or recognize any
other Constitution than that framed at To-
peka. Had the whole LecOmpton Consttu>
ton been submitted ta the people the adheI
rents of this organization would doubtless
have voted against it, because, if successful
they would thus have removed an obstacle
out of the way of their own revolutionary
Constitution. They would have done this
| not upon consideration of the merits of the
whole or part Of the Lecompton Constitution
but simply because they have ever resisted
| the Government aUthofiZ ed By Congress,
! from wh ch it emanated.
| Such being the unfortunate condition OF
| affairs of the Territory, what was the right
a. well as the duty of aw-abiding people?
Were they silently and patiently to submit
/ to the topeka usurpatinn or adopt some ne
! cessary measure to establish Constitution
under the organic law of Congress? That
| this law recognized the right of the people OF
the Territory, without the enabling act ol
/ Congress. to form Il State Constitution, il toe
/ clear for argument. For Congress . to leave
the people Of the Territory perfectly free,
in framing their Constitution, g TO form anC
regulate their domestic institutions in their
own way, subject only to the Constitution
of the United States," and then to say they
shall not be permitted to proceed and frame
Constitution in their own way, with on
the express authority OF Congress, appear
to he almost contradiction Of terms. |
would be much more plausible that the peo
ple of Territory might be kept out OF tn
Union for an indefinite period, and until j
ercise the right of selfgovernment-
This would be to ado t, not their own way
but the way which Congress might pre-
scribe 1t is impossible that any peopl
could have proceeded with more regularity
in the formation Of Constitution than tn
peopIe of Kansas have done. 1t was neces
sarv first tc ascertain whether it was the de
sire of the people, to be relieved from
Territorial dependence and establish Stat
Goyernml Mt For this purpose, the Terrific
rial Legislature, in 1855, passed law TO
taking the sense of the people OF this Terri
tory upon the expediency of calling Con
yention to form State Constitution ut tn
General election to be held in October, lS5t
The sense of the people ,oas accordingl
taken, and they decided in favor OF a Cor
vention. 1t is true, that at the election ia
enemies of the Territorial Government dI
not vote, because they were then engaged 9
Topeka, without the slightest pretext OF law
: full authority, in framing Constitution
their own, for the purpose of subVerting tn
, Territorial Government.
In pursuance of the decision OF the peopl
in favor of Convention, the Terrltorlt
Legislature, on the 9th of February, 1851
, passed an act for the election of delegates o
the third Monday of June, 1857, to frame
State Constitution. This law is as fair i
its provisions as any that passed legislati'
body for similar purpose. The right
suffrage at this election is clearly and just
,, defined. Every bona tide inhabitant Of Kal
: sas.' on the third Monday of June, the da
of the election, who was citizen of Il
United States above the age of twenty~on
and had resided therein for three month
nrevious to that date, was entitled to vote
! In order to avoid all interference fro
: neighboring States or Territories with tt
|, frcedem and fairness of the election, pr
: vision was made for the registry of qualifi
g 9 voters, and pursuant thereof, nine thousaI
: and ffty-two voters were registered. &c
. Walker did his whole duty in urging all :
: qualified citizens of Kansas to vote at tf
election.