Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-05-01
NO. Is.


necessity for some Government; no society can en-
dure in state of anarchy; civil war and bloodshed
are worse evils than the endurance of an unjust
Government for short period.
To resume my narrative. The second election for
members of the Legislature and Delegate to Congress-
came on In October, 1855. The Territorial Legisla-
ture having passed an act in 1855 for taking the
sense OF the people upon the call ofa Convention TO
form State Constitution at the election in October
1856, vote was taken accordingly ON that subject
The number Of votes polled at that election was
about twenty-five hundred l2,5Qo,) the Free-State
in favor of the call of convention, and none but
pro-slavery men were elected TO the Legislature.
have omitted to state in the regular order of time
that the Free-Soil leaders called meeting of the
people in 1855, at which delegates were chosen to
meet in Convention Mt Topeka in September Of that
year, to form State Constitution The convention
met formed Constitution, and application was made
to Congress for the admission of Kansas into the
Union as State under it. The House of Repre-
sentatives in 1856, passed bill to admit Kansas
into the Union under that Constitution but it was
rejected in the Senate. What the motive was to this
proceeding on the part of the Free Soil party may
well be supposed TO have been, many alleged it
was tobe relieved from the unjust Legislation of the
Territorial Government. ...,, s
The Topeka Constitution has been stigmatized as
revolutionary movement. If q government had
been set up under it, it would have been so,
doubtedly But, though there have been two elections
ola Governor aud members Of the Legislature under
that Constitution, yet no Government has been put in
some OF the more desperate leaders Of the party
which formed this Constitution were prepared to
take that step, and would have done if they had
not been overrued by the more moderate portion Of
their followers The Senator from Virginia Mr..
HUNTER took no notice of the formation of the To-
Peka Constitution, except to ridcule it, as General
Jim Lanes production. E's
am not sure that he was warranted in treating it
with so much disrespect when the President put
forth the doctrines to be found in his special mes
sage upon the subject of the right of the people at
all times to change their form of government; un-
less you deny 10 the people of Territory right
which you concede to those of State in that re-
spec9 which would be contrary to the principle of
popular sovereignty strongly maintained BY tho
authors of the organic Law of Kansas. ="
The Legislature elected in October, 1856, met in
January, 1857, and in conformity with the vote Of
twenty-five hundred of the people in the preceding
October they passed an act providing for the cleo
ton of delegates on the 10th June to Convention
to meet in the following September. Gov Walker
made his appearance in the Territory in May. He
pubshed an address TO the people Of the Territory,
which was declared TO be in conformity with the
views of the President and his Cabinet In that ad
dress he assured the people of his determination W
use every means in his control to prevent all disor-
der and violence at the election to be held on the
18th of june and earnestly advised the Free-State
party TO TO the polls and vote for delegates to the
Convention; warning them, that although he would
all his influence 10 have the Constitution, when
framed, submitted TO vote of all the bona ide in
habants and had no doubt that it would be so SUBJ
BY the act Of the Legislature providing for the cleo
tion OF delegates 10 the Convention the most OBJ
noxous Of the test oahs prescribed by the first Legs
lature was repealed, and census directed 10 be
taken, and register made of the qualified voters in
each county, which was 10 be the basis Of the ap-
portioDment by the Governor of delegates among
the several election districts into which the Territory
was divided and also the test Of right 10 vote in
the election One objection 10 going 10 the polls as
stated by the treeState party was that of the thirty
eight counties Of the Territory, including Arapahoe,
inwhich there was no population, there had been
register made of the qualified voters in nineteen of
them, as the law required, and that no census had
been taken in fifteen Of those nineteen; and that
matter of course the people in those counties could
not vote. Gov. Walker and Secretary Stanton
firmed this statement and the fact is indisputable
/ do not see what could be greater more fatal
irregularity IN getting up a Convention 10 form
State Constitution. Sir, one-haf the counties Of n
Territory left no voice in the
Convention is that no objection 10 a Constitution
formed by \ Convention so constitutedp The Sena-
tor from Georgia passed this irregularity over
matter Of slight or consequence. Ii had, he said,
been satisfactorily answered and accounted for.
Where is the explanation or justification TO be found
Of this gross irregulairty' Upon what evidence
does il rest? have seen or heard Of none which
does not appear 10 me mere preterice-an evasion
To say that some-Free State men, in some one, two,
three Of those countless refused 10 be registered,
and threatended the officers with personal violence
if they persisted in the discharge of their duties,
a sufficient reason for taking census and making
register at all in nineteen counties, appears TO
me 10 be prcposterous When gentlemen talk Of there
being no irrcgularity in forming the Convention,
must believe that they have not examined into the
facts connected with the subject. 10 alleged that
the population in the nineteen neglected counties
small. In many Of them, that no doubt was so |;
but STILL after dcductng the nine thousand two hun
dred aud ftyone legal voters returned the regis
ter made out in the other nineteen judging from the
number Of votes pollcd in October 1857, and again
in January following, there cannot have been less
than three thousand legal voters in the neglected
counties Thus II appears that the sixty delegates o
the Con venton were elected by the nineteen counties
in which registers duly made out, while not
single delegate was voted for elected in the other
netecn counties Of the Territory. Gov. Walker, in
one Of his letters 10 Secretary Cass, states that in
some Of the neglected counties the people made out
register their own authority, and elected dele
gates TO the Convention but they were not allowed
seats on the ground that their election irregular
and the further significant fact stated by him that
in the election of October 1851 votes were cast
in three Of the neglected counties than were given to
the twenty eight delegates who formed the Lecomp-
ton Constitution.
But am departing from the order Of my narra-
tive The election Of the 18th of June for delegates
TO the Convention was held. The Free-State party
did not participate in IT. assigning as reason for
their refusal 10 do 30, besides the one have Just
mentioned that they had no confidence in the officers
who were 10 hold the election, and the opinion given
by Governor Walker, that any Constitution which
might be framed would be submitted, for ratification
or rejection to vote Of all the people in the fall,
whether they voted at this election or not AT this
election, when il may be presumed the Pro-slavery
party put forth their whole strength, only twenty
two hundred g, ,2o0) votes were poed-ess by three
hundred (3o0) than the vote polled in October 1885,
but the loss may be fairly accounted for by the ex-
clusion OF the pro-slavcry voters IN the nineteen
counties in which there was no register
The convention met the 9Th of September, but
adjourned 10 day in October as II was understood,
10 await the result the Territorial election fixed for
the first Monday of that month. Gov. Walker had
given the strongest Of his purpose 10 use
all the means in his control TO preserve order and
prevent violence in that election Conventions were
called nominating candidates on both Sides On the
one side they were called National Democratic can
ddates; on the other side, Free-State candidates
or if vou please Abolition candidates; IL il no mat
ter by what name they were called By that time.
two thousand regular troops had arrived in the Ter
riiory, sent at the earnest reques. of Gov Walker
who stated that that the only mode of preserv-
ing peace and preventing bloodshed He stationed
them at different and the most exposed points on
election day, TO prevent inroads from Missouri or
any other disturbance at the polls The result was,
that the Frees party proper cast some seven
thousand six hundred (7,60J) votes; and the Ma
honal Democratic p1rty, composed of pro-slavery
men and such OF the Frees tate Democrats as united
with them in the election, poed some three thou
sand seven hundred (8,700) votes. II is material TO
state that Ransom, the candidate for Delegate to Con-
grcss, nominated by the National Democratic party,
was Free Soil in his principles. Altogether there
were upwards of eleven thousand votes cast at that
election, after rejecting some twentyeight hundred