The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-01-21
THE KANSAS "PRECEDENT.v


THE KANSAS "PRECEDENT.v
The Free Press desires to stop discussion
relative TO Louisiana, and calls Tor chap
ter or two on Kansas. While willing to
crafty its desire, without subjectng it to
the annoyance of the delay which might
be occasioned by awaiting an answer from
the source it indicates, yet we doubt if the
chapter called for would furnish it any par
ticular consolation. Fortunately, in poll
tics as in other aft airs of life, two wrongs |
do not now make a right and one crime is
no longer considered an excuse or justi6- |
cation for another crime. John Doe can
not defend himself of the charge of larceny |
on the plea and proof that Richard Roe
stole the same amount in another place
and of another person. So we take 1t that
illegal, unconstitutional and arbitrary acts
committed by the democratic party do not
furnish good preccdents for republican ac-
ton and if the democrats now plant
themselves on the same platform that we
occupied twenty years ago, instead OF
haunting them with their change of base,
let us welcome the conversion and, at the
same time hold fast to our own principles;
but don't, for pity sake, let them crowd us
off from our own platform and force us to
occupy the untenabe position they held In
1866. Now what is the position held by
the Pre- Press and certain other "organs"?
1t amounts simply 10 this Under the
"lrte state" constitution, so called, of Kan
sas, the legislature elected in pursuance
thereof, was called to assemble at Topeka,
j uly 4th, 1856, its members assembled, but
were not allowed to organize, being dis
persed by company of regulars"-that
is Of the United States army-under Colonel
Sumner acting un'er orders Of President
Pierce therefore the act of de rrobriand,
in Louisiana, on the 4th of January, 1875,
was proper, legal aul constitutional, being
IN strict accordance with democratic prece-
dents. 1t is true the case is not put in
these words, but this is the sum and sub
stance of the argument-two wrongs made
right, democratic illegaity, twenty years
ago. justifies republican Illegally now. one
arbitrary act fully excuses another, dc
Trobriand was right because Colonel Sum-
ner did the same thing but we will not
pursue the fallacy.
Unfortunately, even for so fllmsy an ar
gument as this, the cases of Kansas and
Louisiana are not parallel, any further than
nnlnrepI nv n
democratic president and the party press,
and the other excused and justified by re-
publican president and small number of
party 'organs." They differed in several
respects. The one occurred in territory,
the other in sovereign state-and tie re-
publcans of that day disclaimed any au-
thority to interfere in state affairs while
claiming Sovereign power over the terri
tories" But this did not palla,e, justify,
or excuse the act of Colonel Sumner or
President Pierce. Their action was all
the same illegal, unwarranted, arbitrary.
Moreover, it is question of very grave
doubt whether the body so dispersed was a
legislature at all. 1t certainly has never
been recognized politically or judicially, by
President, Congress or the Courts. Its
origin is well known, but we will, to show
the want of parallel, epitomizc the facts
Down to 1865 or 1856, it was impossible
to obtain fair election, participated in
only by legal voters, the Missouri "borter
ruffians" coming over in hordes, voting and
controlling the result. A legislature, how
ever, SO elected, convened, enacted laws,
and ordered an election for delegates to
Congress. The actual settlers not being
disposed to submit to "border ruffian" con-
troll. assembled IN mass convention, repudi-
ated the laws and officers so " imposed on
Kansas and called delegate convention
TO assemble at Topeka on the 10th of Sep.
TENDER, 1866" This delegate conven-
ton" ordered the election of delegates ia
Congress, and placed, or assumed to place,
the government of the state under the con.
trol of an executive committee" Two
elections for congressional delegate were
held, each party repairing from time tc
time except at its own election. Under
this Executive committee" q constitution
al convention was held at Topeka, and un
der the constitution there adopted the ''dis
persed legislature" was elected. Soon af
ter this, the republican party, having OBJ
tanned majority in the lower house O.
Congress, appointed an investigating com
mittee, who at once proceeded to Kansas
The majority of this commitiee---both re
publcans William A. Howard of Mich
gan, and John Sherman, now United
States Senator from Ohio, presented al
exhaustive and searching report. their con
conclusions being that there had been NJ
legal elections under the organic law o
the territory, on account of "organized in
vasions," that the territorial legislature
not the dispersed one, which they did no
pass upon-was illegal and the acts null
and void neither election for terntoria
delegate was held ''in pursuance of law (;
that the "free state candidate received
''greater number Of votes of resident cit
zens" than the other candidate that fai
election had not been held without tn
presence OF United States troops at ever
place OF election :" that the election hel
under the free state organization" hay
been as regular as the disturbed conditio
of the territory would allow : and thf
their constitution embodied the will Of
majority of the people.
These conclusions were undoubtedly ju,
and correct, although, at the time, they di
not command the assent of majority {
the country, on account of the existence c
slavery. Without pretending to kno'
much about such matters, we take il thi