Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-03-05

ment, or to do any other act, directly or in
directly. to form such Government Every
such law, even though it were approved by
the Governor of the Territory, would be null
and void itpasscd by them, notwithstanding
his veto, Ivy Il vote of two-thirds of each
branch it would still be equally void"
He further decided that it was not rcbel-
iOus or nsurrcctionary. nor even unlawful,
for the people pcaccably to proceed, even
without an act of Congress, in forming a
Constitution, and that the so forming State
Constitution, and SO far organizing under the
same as to choose the officers necessary for its
representation in Congress, with view to
present the same to Congress for admission,
was power which fell clearly within the
right of the people to assemble and petition
for redress. The people Of Arkansas pro-
ccedod without an act of Congress, and were
received into the Union accordingly. If any
rights were derived to the people of Arkansas
from the terms of the French treaty of ces-
sion they equally extended to the people of
Kansas, it being part of the same cession.
In this view of the subject, the people as
sembled at Topeka in said Territory. by del
| cgatcs, chosen in the several counties in
public meetings assembled for that purpose,
in september, 1853, who formed Constitu-
ton, which was submitted to the people for
their ratification or rejection, and which was
duly ratified by a large majority of all who
thought proper to vote, being, as we believe,
majority of all the voters then in the Ter
rtorN. Under that Constitution an election
| OF a Governor and Legislature was made, and
officers appointed, and an organization was
made, for the purpose of petitioning Con-
grcss for admission to the Union and me-
mortal was made and presented to Congress,
.l,rt,
memorial or petition for the admission Of Kan
sas as State, under the Topeka Constitution,
formed as before stated, and SO presented to
Congress, though agreed to by the House Of
Representatives, was rejected by the Senate.
The investigation the evidence and the facts
as to the invasion and suhjugation of Kansas in
the March election of 1861 as presented by
| the Committee Ofthc House ofRepresentatives
appointed for such Investigations, fully dis
| closes its cnOrmity and outrage as before sta
ted and shows that the invasion extcndedlto
every election district but one yet the Sen
ate rcfIaincd entirely from investigation, and
all redress for that people failed. No provis-
ion was made to correct the wrong, and they
were left TO suffer under the oppression of the
tyranncal laws and usurped power of the
unscrupuous minority which force and fraud
had there installed in official position. with
the power and army of the United States
pledged to sustain them. Thus ended the
session of Congress in the Summer of 1856.
In that Summer, this usurped power in
Kansas was exercised over the people there
in the same spirit in which it originated ;
and as manifested in the laws before
mentioned to drive the Free-State pco-
pie from the Territory, and prevent their
emigration thereto. Aided by the people
in Missouri who had first subjugated the
Territory, and by othcrsl sllike-mndcd, under
color Of the law so made, freedom of speech
was crushed, printing presses were des troyed
and pillage, connagration and murder sprea
over the land. Every attempt at self-d efcnd
by the Frec-State people was promo uncse
,,cOnsructire trcason," and large numbers
were long imprisoned and guarded by the
United States troops therefor. Many of the
| people were compelled to fee, and the Mis-
souri, River, the usual means of access to the
! Territory, was blockaded and cmigrants pre-
vented from proceeding Thus closed the
| gloomy Autumn of 1856, and during the sue
cecding Winter, a large part Of the people
were dependent. for their necessary supplies
upon the charitable contributions of the
people Of distant States In October, 1856,
IA Territorial election for members of the
House Of Representatives occurred, but the
| oppression of the tyrannical statutes of test
oaths and gag-Iaws continuing entirely
| excluded the FrceState people, persc-
cuted, scattered, and imprisoned as they
were, from any participation therein, and so
the usurpation continued. The people who
! had formed the Topeka Constitution for pre-
sentatiOn to Congress, and which they pre-
sentcd To Congress, not desparing Of the JUS
tice Of their country, and still hoping that
Congress might accept it, continued from
time to time their provisional organization
under the same, in order again to present
the same and the same has again been sub
mlttcd to the people for ratification, and all
invited to participate therein; and the same
was again ratified by the majority of all
who thought proper to vote in August, 1857
Butno government under the same has ever,
in any respect, been attempted to he put in
| operation, nor the same in any manner been
asserted against the existing officers of the
United States or its laws, including that es-
tablishing Kansas Territory. 1t was and
and ever has been preliminary and provision
al, subject to the action of Congress 1t is
indeed true that large part, and probably a
large majority, of that people were attached
to that Constitution which they have repeat
edly requested Congress to accept; but that
they have ever attempted in any act or spirit
ofrebellion, forcibly to put in operation gov
ernment under it, is entirely untrue altho'
individual wishes or ultimate purposes to
such an end on some possible contingencies
have, at times, been expressed. 1t is, how
ever, true, that the people have ever regarded
the acts of the Territorial Legislature Sc
usurped as aforesaid, as utterly without le-
gal force, and have not held themselves
bound in obedience thereto: and the SAINT
have been in effect generally imperative r
the Territory, except SO far as enforced by
United States troops. In February, 1857
the Territorial Legislature passed law fol
the election of IA Convention to form a Con
stitutlon for Kansas as State, with view
to apply to Congress for admission, Thi
was done without any act of Congress fo
that purpose, Congress having recently re
fused to pass such law though re
, commended by the President, and tn,
proceeding was therefore. though no
unlawful, in no way authoritative, and it
result entitled to the consideration of Con
r gress only so far as it was sanctioned by tn
: votes and expressed the free will of the peo
) pie of the Territory, or a majority thereof, il
full election fairly conducted. Such a re
e suit could not be ascertained but by submit
? ting the Constitution TO the full and uncon
ditional vote of the whole people, for ratfca
e ton OF rejection. This is more especial
true "hch cohHlcllhS opinions on tne SUI
ject are well known to exist as was the cas-
y in this Territory. 4 large part of the pee
, pie, and, from what subsequently occurred
e IS apparent, large majority Of the people
70 did not participate in the election Of thes
e delegates and sufficient reason for tina
d course was found in these reasons First tn
:, supervision and returns of the election wer
o in the power Of men appointed by LegislG
p ture in whose election large part Of tn
o people never partlcipated-in whom, for tn
6 cause, and from the manner in which the
e conducted elections, they had no confidence
j. lSccOnd The United States officers there, ii
e Governor and Secretary, had no control ov'
d these Judges of Election, Ihrd The Ter
l. torial Legislature, in directing the election
l. Delegates to the Convention, had provide