The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-05-15
TERas.-.sa.ee PER ASEUn. IN ADVANCE

TERAs.--s<-Vo ZEE AAACAs In AOpAHCE
sD.sch of Hon. John ]. Critsnden of Kentucky,
On the LscomPtou Constitution
Delivered in the United States Senate, on
Wednesday March IL.
Nh. CRITTENDEN.-Ife feel how made
auste am, Mr.. President, to add any
thing to the various arguments that have
been employed on this subject during the
long discussion through which we have
passed /; and yet, should not perform my
duty according to my views, if ! omit
ted to express my feelings and sentiments
On the subject before the Senate. I do
not intend to occupy your time with ex-
ordiums, sir. The right of people to
govern themselves is the great principle
upon which our government and all our
Institutions depend. It seems to me that
this great principle is not inapplicable to
the present subject.
THE LECoMPTON CONSTITUTION.
The President of the United States
communicated to us an instrument called
the constitution of the people of the ter
ritory of Kansas, and he has with unusu-
al earnestness, advised and recommended
to us to admit Kansas under that consti-
tuition, as State into this Union. The
question as 1t has presented itself to my
mind, involves an inquiry as to the mat
ters of fact bearing upon this instrument
of writing, and whether these authorize
Us to regard this instrument as the con-
stitution of the people of Kansas. Is this
their constitution =? Does it embody their
will ? Does it come hither under such
sanctions that we are obliged to regard 1t
as the permanent, fundamental law and
constitution of this new State +? do not
think it comes with such a sanction, or
ought to be regarded as the constitution of
the people of Kansas. Sir, I shall not oe-
cupy your time longer on this point
What are the evidences thatit is 80 :?
Itismade by a convention, to be sure,
called under the authority of an act of the
legislature of Kansas. tits made By del
egates regularly elected by this people,
and prin'a tacie, it would appear that it
had the sanction of the people of Kansas;
but think there are evidences of high
er character to show that it is not SO, that
it is in appearance constitution, and not
in reality.
In the first place, the fact is established
beyond all controversy that an overwhelm-
ing majority of the people of Kansas
are opposed to this instrument as their
constitution. The two highest officers of
the federal government, lately there under
appointment from the President of the
United States, Gov. Walker and Seereta-
~ Stanton, both assure US of the fact
upon their personal knowledge. This Is
high evidence to establish the fact that it
is against the will of an overwhelming
majority. of the people upon whom it Ii
to beimposed as constitution.
THE VOTE ON THE CONSTITUTION.
The constitution in part was submitted
to the people. shall not stop to inquire
how it was submitted, whether fairly or
not 4 part was submitted, however to
the people, and upon vote taken by the
people, and the clause thus submitted, it
received 5000 votes, and a little more.
These are the sanctions with which it
comes to Us. To this extent it would
seem to have the popular appreciation.
But, Sir, when we come to look little
further into the investigations which have
taken place in that territory, it appears
to US that of those 5000 votes, about
1900 were fictitious and fraudulent. That
Is reported to us by the minority reports
Of our committee on territories that Is
verified to us by the proclamation issued
BY the President of the Council and the
speaker of the House of Representatives
ofthe Territorial Legislature of Kansas.
These high officials, who were invited by
Mr.. Calhoun to witness the counting of
the votes which were returned to him,
certify from their personal knowledge,
that more than 1000 of the 5000 votes
which were given in three precincts in the
counties Of johnson and Leavenworth,
were fictitious votes. only call your at
:enton to this in order that it may ap-
pear truthfully who it was that approved
OF this constitution.
That vote was taken on the 21st of
december. Before that vote was taken,
however, legislature, which was elected
IN October last and which met on the call
ot the acting governor, Mr. Stanton, in
december, passed an act postponing that
vote from the 21st of December TO the
4tn OF January. On the 4th of January
under the provisions of the act a ques-
soh was taken upon the constitution
broadly. It provided that the question
should be taken upon the Lecompton
constitution with slavery, the Lecompton
constitution without slavery, and general
Y upon the constitution itself. Upon
mat occasion over 10000 voted against
.ne constitution aud the legislature oil
'ae territory of Kansas have passed reso-
uIions unanimously protesting against
sne reception of this instrument as the
constitution of the State, declaring that il
was obtained by fraud, and that it has not
sae sanction or concurrence of any except
asnail sh minority of the people. This is
'1e substance of their resolutions.
-ah COURSE OF TEE PRESIDENT REVIEWED.
Inc President had anticipated that the
ooussltutlon itself, in whole, and not in
M Fma's' was TO Be submitted to the people.
t Lne governor had so contemplated, and
Th. Sa 30 30 assured and promised the people.
.nI .Io resident regrets that it was only
sutnissed su.;i IN part. He regrets that the
Ta uaie constitution was not submitted.
noasn ne accepts as an equivalent the
r.. paa, submission, he regrets that it was
slsi s submitted as whole. The teaitori-
n.s n.slslature, after the constitution wal
pIIolsned, Immediately afterward passed
t;,s ,s~ 70 have vote taken upon the en-
e constitution, which the President had
Esslelred. and which Mr.. Walker, the
4" Sse,hof, had preferred. What do they
S.r ous carry out and act in perfect aceor.
.ace p.a with the wishes and opinion of tn,
pes:aent and Governor. And vet the
'slaent who was for general submis-