Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-04-20

Why should It not prescribe the mode as well as the
timer Then one or both ight not accord with their
wishes, and, being thereby restrained, they would
not be perfectly freeto form and regulate their
domestic institutionsin their own way"
! might refer to the opinions Of distinguished
gentlemen whose peculiar positions at the time they
were expressed, and the relations in which they now
stand to this subject give them unusual point and
force. I refer to the opinions Of Senator Douglas,
in his Springfield speech of the 18th Of June, 1855
and to the speeches of Gov. Walker, and Secretary
Stanton 10 the people Of Kansas, pending the elee
ton Of delegates to the convention in which they
all hold that no other enabling act was necessary.
A majority of the House of Representatives Of the
34th Congress, in which Republican members we're
in the ascendaney, and many of whom are members
Of The present House, did not consider an enabling
act by Congress necessary, regard to Kansas. The
Toombs bill, carefully prepared, fair and just in its
provisions authorizing Kansas form constitution
passed By the Senate by large majority, was lost
in the House by the votes Of the Republican party
Il will be remembered they then had faVorite
banting, known as the Topeks constitution, framed
by a convention gotten up without any law, in OPP
position to- and in defiance Of all lawful authority,
and revolutionary In its character, under which they
we're attempting to bring Kansas into the Union as
sovereign State. No enabling act was then neces-
sary in their opinion.
When the territorial act of July 1856, authorizing
the holding convention reached the34th Congress,
then in session, and its fair wise provisions
we're SEEM but few regrets we're entertained in either
House, for the failure Of the TOOmbs bill; and doubts
we're no longer entertained that in due season the
people Of Kansas would form and regulate their
domestic institutions in their own way, in accord
ance with the sirctest fidelity to the organic act and
the Constitution of the United States. The late,
and existing admin straiOns recognized the legality
of the proceeding; and / believe 1 may say, there
6 general aequiescence in all the departments
Of the Government.
Il has, in fact. never been considered an indis-
pensabe OF necessary preliminary in any case that
Congress should pass enabling act, though il has
sometimes been done At least half Of the States
admitted since adoption of the Federal Constitution,
have come in without enabling act, my own
State (Tennessee) amongst them; her only authority
for the formation of a constitution having been de-
| rived from an act Of her Territorial Legislature
But forbear to specify examples, though they are
numerous, and dismiss this objection.
second objection is, that a large portion of the
freeSste voters we're disfranchised and not allowed
to vote for delegates to the convention; that the
arrangements for a registry Of the votes made
quate to the end, that the officers failed to dis
charge their duty through negligence, fraud, or
some other cause; and not having been registered
! they were prevented from voting.
The law under which the registry was made
designated competent officers in each county, with
| power to appoint deputies under them, and
/ allowed one month TO perform the duty, at the end
of which time they to file lists in the Offices OF
/ the probate judges Of their respective counties.
Copies of the lists to be posted in public places
for the inspection Of all; and one month more was
allowed fer the correction of errors, by striking off
any names which should be proved to have been i'm
| properly returned, and adding any which should
appear to have been improperly omitted. Here was
ample time and opportunity for full justice in the
! premises The number registered, 9,251, could not
have fallen very far short of all the legal votes in
the Territory. If the election for State officers in
October, 1857, which was warmly contested and
brought out the largest vote poed there up to
that time and which is believed to have exhibited
near, if net quite the full strength of the voting
population, may be regarded a correct criterion
it may be safely estimated that not exceeding 1000
| to 5000 votes were omitted in the registry.
| It appears from authentic sources-oficial dOcU-
ments-and in fact 1 believe it is not denied that
many of the free State men, Republicans refused
to register; that in insansces they gave fcti-
tous names; that they resored to threats Of violence
and intimidation of the officers, as well as every
other in their power to prevent the execution
| Of the law.
Mr. Stanton, then acting Governor, in addressing
those very men, makes the following statement on
| this subject 81 may say, however, have heard
statements quite as authentic your own, and, in
| some instances from members Of your own party,
Republicans to the effect that your political friends
! have very generally, indeed, almost universally
refuse, to participate in the pending proceedings
for registering the names the legal voters In
instances they have given fictitious names, and in
numerous others they refused TO give any names at
all OucannOt deny that your party have heretofore
resolved not to take part in the registration, and it
appears to me that, without indulging ungenerOus
suspicious Of the integrity Of officers, you might
we'll attribute any and omissions Of the
shers 10 the existence Of this well known and con-
trolling fact
George Wilson, Judge of Probate for Anderson
county, made an affidavit that to his personal
knowledge this party threatened the life Of any who
should attempt take the legal census that the life
Of any one attempting to execute the law in this
respect in danger; and that these threats pre-
vented the taking Of the in Anderson county
within the time prescribed by Law. He also sWeaFs
that similar threats prevented the execution of the
law in Allen and Franklin counties
believe these statements have never been refu-
ted or seriously ContrOverted On the contrary the
determination Of the Free solerS not to vote in the
election Of delegates to the convention has become
a matter Of history, also the efforts of Governor
Walker and others to induce them to change their
Intentions, by warning them that " those who alb
stain from the exercise of the right Of suffrage,
authorize those who do VOTE to act for them in that
contingency, AMI the absentees are as much bound
under the law and constitution, where there is no
fraud or violence, by the act of the majority of
those who do vote, if all had participated in the
election" This principle lies at the very founda-
tiou of all representative government which could
not exist without it. Strike it out of our political
system and you could not elect a representative to
this House, whose enemies might not manage to
avoid his election, and render it a mere farce. In
view Of this important truth, those people we're sd-
mOnished by the Governor not to console themsslUss
Nth The expectation Of defeating The ratification of the
constitution By subsequent Uote for although he was
In favor Of submitting it to the people fO- their ap
prOval rejection, he did not know the convention
would so decide, and there no power to control
their discretion
These admonitions, and the great truths on which
they were founded, we're unheeded, and we are now
invoked to treat them idle babblings and politi-
cal heresies. For myself am willing to test this
objection by such heresies
pass to the charge of fraud, which may be num-
bered as objection third Fraud in the election Of
delegates to the convention, and fraud generally;
for believe some affect to consider everything con-
nected with the convention, from the enactment of
the law for the election Of the delegates the end
Of their labors, and the entire work of their heads
and hands, as sOiled with fraud. l believe one
gentleman Mr.. Grainger) said the LecomBton con-
stituton IS covered all over Nth fraud and spotted
nth corruption"
This Is a grave charge. It is easily made, and
frequently hard to prove. 1t is legal aphorism
that fraud must be proved and not presumed. tbs
founded in good sense, and must prevail as well in
political as in Judicial tribunals. ask then, where
is the evidence Of fraud? 1t was not in the enact
ment of wise, just, 6nd efficient law to preserve
the purity Of the baot-bOK, and the rights of every
bona tide citizen; to prevent and punish all fraudu-
lent and violent interference in the election and
full and fair expression Of the popular will
IL not in the faithful attempt of the officers
under that law, to carry out its laudable INTENT by
making fair registry of sl the voters in the Terri
tory for the purpose Of securing them in the exer
else Of the elective franchise and to enable them to
keep of aliens On-residents and invaders of every
description. It was not in the wilful obstinacy,
fraud, and threatened violence of the free State
men TO prevent the completion Of the registry
Surely gentlemen Of the Republican party will not
now turn on their present cO-lsbOrer, late acting
Governor Stanton, by whom the apPortionment Of
delegates was made, and say that was fraudulent,
and " thou art the man" No gentlemen, though
may be prepared to believe much, I can't believe
you will be guilty of such ingratitude It would be
an accumulation Of misfortunes on him. too griev-
Gus to be bornei and in the bitterness of his anguish
well might he exclaim, 'says ne from mn friends Z"
(To BE CoNTEUED)
HOUSE OF REPREsEETATIvEs,
April 10, 1865
L