New-York daily tribune., 1858-02-04

Of all the arguments In f8vor OF the recognition
by Congress of the Topeka Constitution and against
any recognition of that framed at Leeompton, that
contained in the Presidents last special message is,
to our mind, the strongest ever yet made. 1t is
laid down in that message as too clear for argument
that the organic law of the Territory recognizes
the right of the people thereof, without an enabling
act of CODgress-and the President might have
added for precisely the same reason, without an
enabling act of the Territorial Legslature-to form
a State Constitution. "For Congress" says the
President "'to leave the people Of the Territory
"perfectly Free in framing their Constitution, to
:" form and regulate their domestic institutions in
their own way, subject only TO the Constitution
"of the United States and then to say that they
"shal not be permitted to proceed and frame the
Constitution in their opn ray without express au'
"thority from Congress" or, he might have added,
express authority from the Territorial Legislature,
"appesrs to be almost contradiction in terms"
at is impossible" again to borrow from the mes
sage, "that any people could have proceeded with
"more regularity in the formation of Constitution
% than the people of Kansas have done in that o
Topeka. "It was necessary fret to ascertain
"whether it was the desire Of the people to be re-
"lieved from territorial dependence and establish
"a State Government" That they did in Conven-
ton composed of delegates from all parts of Kan
sas who met at Big Springs on the 9TH OF Septem-
Der, 1855, denounced the So-dsont Territorial Leg
jslature as fraud and usurpstion, and recommend
ed the election of delegates throughout the Terri
tory to Convention for framing State COnstitu-
ton, which election was held accordingly.
It's true that at this election the enemies Of the
proposed State organization did not vote; and it is
also true that, if they had voted, they would have
been (unless sustained BY very large body of in.
truders from MissourD in very lean minority.
The Convention met at Topeka and proceeded to
frame State Constitution, which was submitted
to the popular vote, and approved thereby-its on
emes indeed declining to vote, but for the same
reason as before.
That this Constitution really met the wishes and
received the enthusiastic support Of the mass Of
the people of Kansas, the President admits in the
most emphatic terms. He commences his Message
by the assertion that the Territorial Government
il would be more proper to say usurpation-would
long since have been subvered aud the Topeka State
Constitution have been established in its place, had
not the former "been protected from assaults BY the
troops of the United States So manifest, in
fact, has been the preponderance Of the people in
favor of the Topeka Constitution. and 80 ardent
and determined their support of it, that tho soon
tinued presence of Gen. Harney, with large
.body of drsgoons and several batteries'-in fact,
a regular and well-sppointed army of I" two thou
sand men'-about the same force which Gen.
Gage took with him to compel to sub
NIT to similar usurpation-was deemed necessary
by Gov. Walker to resist and put down the public
wishes as embodied in the Topeka Constitu
ton. II does net st all alter the case that Pres-
dent Buchanan, as George Ill. and Lord North did
in the Massachusetts, case, chooses to denounce
these opponents of usurped and bogus authority
as rebels. If they were rebels, why didn't he
cause Governor Robinson and his companions to
be hanged under Leoomptes treason indictments
He had the whole game in his own hands-Mar-
shals to take care that rebel" got on the jury
Judges like Lecompte and Cato-Harney to
guard the execution. To assume the tone now OF
| scolding old woman, and to denouDce Governor
Robinson as an unhung rebel to confess, in the fail
ing to hang him, or at least to convict him. most
pusillsnimous derectiou Of duty. 1t will be quito
time enough, however. to investigate this charge
| of rebellion when the President shall first have
shown how it consisted with the provisions of the
Kansas-Nebraska act ss stated by himself. "that
1.-The people Of tho Territory sAoula be left psr
"tecuy tree IN framing tas;t Constitution " foru