Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1858-02-13
BRATTLEBORO, VT: FEB. 13, 1858.

NnlSt lllcfe are IecllcCldOlc nutnOcr W people
there, it is filed by considerable number OF
mercenai,s who are paid by the abolition So
cieiies to pcrpetuate and dilIusc agitation through
out Kansas and prevent the peaceful settlement
Of this question. Having failed in inducing their
own so called Topeka state legislature II organ
ize this nsuueciion, Lawrence has commenced
it herself; and if not arrested, rebellion will
tend throughout the territory And again In
order to send this communication Immediately
by mail, must close assuring you that the spirit
of rebellion perva1cs the great mass of the re-
publican party Of this territory, instga,cd, as
entertain no doubts they are, 10y eastern soce-
ties, having in view results most disastrous to
the government and the Union and that the
continued presence of Gen llarney is indispen-
sible, as was originally stipulated by me, with a
large body Of Dragons and several batteries"
On the 2Olh Of July, 1887, Gen Lane, under
the authority Of the Topeka constitution, under
took, as Gov. Walker says " to organize the
whole free state party into volunteers and to
take the names OF all who refused enrolment
The proicsscd object was TO protect the polls at
the election, in August of new insurgcnt To-
peka state legislature The object in taking the
names Of all who refused enrolment is, to terrily
the free state conservatives into submission. This
is proved 10y the rent atrocities committed on
such men hy the Topekaites The speedy To-
two batteries, is necessary. The Lawrence in
surgents await the developments of this new mil
itary organization" In the governors dispatch
OF the 9th, he says; " Lane and his staff every
where deny tho authority Of the terri oIial laws
and counsel total disregard of those enact
mcnts.'
Without making any further quotations of a
similar character from other dispatches o.! Gov
Walker, it appears, by reference to secretary
Saniuns communication 10 Gen. Cas-, on the
9th of December last, that" The important
step OF calling the legislature together was Ia zen
after Gov. Walker had become satisfied thai the
election, ordered by the convention on the 2lst
instant, could not he conducted without collision
and bloodshed' So intense was the disIoyal
feeling among the enemies of the government
established 10y Congress, that an election which
afforded them opportunities, if in the majority,
Of making Kansas a free state according TO their
own piotcSscd desire, could not be- conducted
without collision and bloodshed The truth j.
that until the present moment, the enemies of
the existing government still adhere to their To-
pcka revolutionary government
The very first para iraph of the message Of
Gov. Robinson, dated the 7th OF December, to
the Topeka legislature now assembled at Law
renee, contains an open defiance Of the laws and
constitution Of the United States. The govern
Topeka constitution originated with the people
OF Kansas territory. They have adopted ami
ratified the same twice by direct vote, also, in
directly, through two elections Of state officers
and members of the state legislature yet ii has
pleased the admins'rai m 10 regard the whole
proceedings as revolutionary" This Topeka
government, adhered to with such trcasonahle
pertinacily, is a government in direct opposition
to the existing government as presented aud
recognized by Congress. 1t is usurpation OF
| the same character as II would be for portion
of the people OF any state TO undertake to estab-
| lish separate government, within its limits, for
the pnrnnsa of re.l--;.'ss any ls'is>e.e- -~-I
| imaginary of which they might complain, against
| the legitimate state government. Such prin-
ciple, if carried into execution would destroy all
lawful authority and produce universal anarchy.
From this statement of facts, the reason be-
| comes palpahle why the enemies OF the govern
mcnt authorized by Congress, have refused to
vote for the delegates to the Kansas constitutions
al convention, aud al.o afterwards on the ques-
ton Of slavery, submitted by il to the people 1t
is because they have ever refused TO sanction or
recognize ANY other constitution than that framed
at Topeka. Had the whole Lecompton consi-
tuition been submitted to the people, the adhercns
| Of this organization would doubtless have voted
against ii, because, if successful, they would then
have removed the obstacles gu. of the way nt
their own revolutionary constitution. They
would have done this, not upon the considera-
ton OF the merits Of the whole or part OF the Lc-
compton constitution, but simply because they
have ever resisted the authority of the govern
ment authorized by Congress, from which it
cmanated.
Such being the unfortunate condition Of af-
fairs in the territory, what was the right as well
as the duty of the law-abiding people Were
they silently and patiently to submit to the To-
peka usurpallon, or to adopt the necessary moas-
ures 10 establish constitution under the author
| ily of the organic law OF Congress That this
law recognized the right of the people of the
territory, without an enabling act of Congress
to form a state constitution, is too clear for ar
gument. For Congress to leave the people OF
the territory perfectly free, in framing their con-
stutlon to form and regulate their domestic in
stitulons in their own way, subject only to the
constitution OF the United States" and then to
say that they shall not be permitted to proceed
and frame the constitution in their own way
without express authority from Congress, appears
IL be almost contradiction OF terms. II would
| be much more plausible to contend that Congress
had no power to pass such an enabling act than
TO argue that the people Of territory might he
| kept out OF ;he Union for an indefinite period,
and until it might please Congress to permit
them to exercise the right OF self government
| lhs would be t0 adopt, not their own way, but
the way which Congress might prescribe
1t is impossible that any people could have
| proceeded with more regularity in the formation
of a constitution than the people of Kansas have
done. il was necessary, first, to ascertain whelh-
eT ii was the desire Of the people to be relieved
from territorial dependence and establish state
government For this purpose the territorial
legislature in 1853 passed law for taking the
sense of the people Of the territory upon the ex-
pediency ut calling convention to form state
constitution, at the general election to be held
in October, 1886. The ' sense of the people
was accordingly ly taken, and they decided in IA
vor of a constitution. 1t is true that at this eIec-
ton the enemies of the territorial government
did not vote, because they were then engaged
at Topeka, without the slightest pretext of law.
ful authority, in framing a constitution of their
own for subvering the territorial government
In pursuance Of this decision Of the people in
favor Of the convention, the territorial legisla-
ture, on the 27th OF February, 1851, passed an
act for the election OF delegates on the third Mon
day of June, 1857, to frame state constitution.
This law is as fair in its provisions as any that
ever passed Legislative body for II similar pur-