The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1858-03-17

Lecompton Constitution held an election
on the 81 st of December. under the pre-
tended authority of the Convention, which
resulted in majority of 5,574 votes, cast
for that Constitution, "with slavery"
More than half this majority was cast at
very sparsely settled precincts of the Ter
ritory, and without doubt was fraudulent.
Assuming, however, this election to have
been fair and valid, though not conducted
according to law, on comparing the re-
turns of the two elections, indicate ma
jority against the Lecompton Constitu-
tion, of 4,490, casting out the votes de-
clared fraudulent bv the presiding officers
OF the two Houses of the Legislature, we
have u majority of 5000, or four to one
of all the legal voters OF Kansas in oppo-
sition to the Constitution The President
asserts in his recent special message that
the election of the 4th os January was
held after the Territory had been propos
ed for admission as a sovereign State,
involving the strange inconsistency of
voting against the Lecompton Constitu-
lion. while recognizing it's valid existence
| by voting under its provisions BY what
authority had the Territory been thus
prepared for admission into the Union?
Not by authority Of Congress. Not by
authority of the Territorial Legislature.
Ii is a peculiar doctrine that Territorial
Legislature may assemble Convention
without the assent of Congress, and en-
power the Convention to abrogate the
authority of the Territorial Government
established by Congress. Such qnes-
tion does not row arise for the first time.
Under the administration of Jackson,
on the right of the Territorial Legisla-
ture of Arkansas, to prepare that Terrific
~ for admission into the Union as a SOW
crei sn State without any express authority
from Congress" Gen Jackson delivered
the decision of his administration through
Mr. Butler, his Attorney General, that a
convention assembled under Territorial
Legislature, without an express authority
FROM Congress. had no right or power to
prepare the Territory for admission into
the Union as sovereign State, and there
hy abrogate or impair the authority of the
RI Territorial Legislature. 1t follows that
the Lecompton Constitution should have
been presented to Congress ioraeceptance
like any other memorial or petitlon: |
these PRINCIPLES be correct the Convention
at Lecompton had right 20 assemble il
an orderly manner and pray Congress tt
abrogate the Territorial Government, ant
= admit them into the Union, but tad M
power to establish a Government or to d.
any other act under The pretence of pre-
. pairing lhe Territory for admission. Th
/ President is mistaken in supposing tha
. the Lecompton Constitution did or coul'
do any act depriving the Territorial Leg
n islature OF the power and right to pass
e law referring the Constitution to vote o
q the people, on the 4th of January. Th
a Convention was the creature of the Terri
4 torial Legislature and as much in it
= power on the Tth of December whom tn
4 law providing for the election on the At
a Of January was enacted, as on the lot
g of February, when the Legislature calle
4 the Convention, into existence. There
). fore, whenever the Legislature ascertaine
~ that the Convention had devised a schenl
to force a Constitution upon the peopl
!. without their consent, and without author
,e ity from Congress, it became its lmpert
$ tive duty, TO : interpose, and it deservt
ID credit for the preniptness with which
ID acted Not only were the people sutho
5. lied by the Act of December II to vol
e, for or against the Constitution, but b
n unanimous vote of both houses, preau
at BILE and resolutions .denounciug the Coz
stitutioa were passed and forwarded !
of Congress .-e AZ sf7qcx + as
OF In the face of all the evidences thu
IN the Lecompton Constitution is not I'll
u act of the people of Kansas, we are tol
s. by the President of the United State
H. that ITO the people of Kansas the on
ly practical difference between admission
u rejection depends simply on the fa'
ae whether they can themselves more speet
e. lily change the present Constitution if
n does not accord with the will of the nj
ce jority, or frame second Constitution
D. be submitted to Congress. thereafter.
n There is a practical difference far mo-
r. important than the mere question of tin
of and there are principles involved Infinite
is more important than the practical dlffe
p- snce. There is serious differene
ID whether the people of Kansas shall Il
j.. permitted to make and adopt the cons,
n, tuition under which they shall live,
is whether Congress will force theminto ii
or Union againsttheir will and with Co
y. stitution which they have repudiated
r. on overwhelming majority. eseB d s5
e. / If it be true, as the President ialleg
n that a large portion of the inhabitants
e. Kansas have been in state of rebellit
8 against the United States Goverame
id ever since his inauguration, and that I
ry till this moment they still adhere to the
treasonable pertinacity, is there groul
no for hope that the speedy admission Of Ka
u sas. into the Union uader the Lecompt
Constitution would restore peace al
u. quiet to the whole country? Itis to
IN Ilamanted that the President seams tn M