Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1886-04-01

4 acl thS A<NSobhPtou wa
stitution to the people on the day APP
pointed January 4, following), for the
election of State officers under the
constitution, and on that day, Deem
Der 18th, Secretary Stanton received
notice of his removal from office by
the President, because of his having
thus convened the Legislature in
special session.
Both elections were held as ordered.
the result being that over 10000 votes
were cast against the constitution and
only about $50 for it. AT the same
election the Free State men chose a
full ticket of State officers under the
Lccompton constitution, elected under
protest and in order to make more
manifest 10 the Congress and the peo-
pie of the United States the position
thew occupied in reference to that in
strument and with reference TO the al
tempt to put them into the Union I'M
der il. Every member of that State
government so elected joined in a pro-
test to Congress against the admission
of Kansas under the Lecompton con-
stitution.
liz W ilo w sio thC
dent of that convention, Mr.. Calhoun.
of Illinois, who went to the Territory
az its surveyOr-general, bearing the
commission OF the then President
of the United States, Mr.. Pierce, dis
appeared very suddenly after the first
election. moved to such disappearance
by the fact that he was liable TO be III
dicted. as he undoubtedly would have
been. for his participation in the
frauds occurring at the election Of De-
cenber q. He came TO be known in
the local vernacular of that time n
"Candle-box Calhoun" because of the
fact that certain fraudulent returns
which had been forwarded from the
Delaware, Oxford, ana other precincts
were concealed in candie-boX under
a wood-pile at LecomptoD, the seat OF
the Territorial government. Mr.. Cal
houn turned up after mysterious
passage from Kansas to Washington
along abolt the last DAYS of January.
1858, and presented TO President Blu
chanan a copy OF the Lecompton con-
stitution, which Mr. Buchanan BY n
special message, dated or the Pad day
OF February, transmitted to Congress.
The message covers about twelve
pages ordinary document size, in
which the President argued the
Kansas question at great length.
4 portion of that message !
will read for the purpose of exposing
now, in connection with this debate,
the Democratic position at that time
OH the question of the admission Of
new States into the Union.
Il will be remembered that the
election at which the people of Kan
sas had voted, and the only election at
which they had had chance 20 vote
on the question of their desire TO be
admitted into the Union under the
Lecomption constitution, had been
held nearly 3 month before Mr.. Buch-
anan presented this message to Con
eress, resulting in a nearly unanimous
vote against admission under the Con-
stitution. The result Of that election
was not only known 10 Mr.. buchanan.
but to every other person i'll the
United States who could read. 1r.
buchanan. in arguing the question,
treats of the rights of the people of
the Territory of Kansas under the
Kansas and Nebraska bill as follows:
That this law recognized the right of the
people of the territory, without any enabling
act from Congress, TO form q state constitu-
ton, is too clear for argument. For con-
gress $50 leave the people of the territory
perfectly free" in framing their constitution,
''to form and regulate their domestic institu-
tons in their own way, subject only to the
constitution of the United States" and then
TO say that they shall not be permitted TO
proceed and frame constitution in their own
way, without an express authority from
Congress, appears TO be almost a contradic-
ton in terms. IL would be much more
plausible to contend that Congress had no
power to pass such an enabling act, than to
argue that the people Of a Territory might
be kept out of the Union for an indefinite
period, and until it might please Congress TO
permit them TO exercise the right of self
government. This would be to adopt not
''thoir own way" but the way which Con-
gress might prescribe
II will be observed that the organic
aci of Inc Terriiois of Kansas simply
RENTED TO the people of that Terri
tory the right TO regulate their do
mestic institutions in their own way,
a term which was not liable at tia
date to any misconstruction; that was
well understood to refer simply ana
only to The question of slavery: ana
Mr.. Buchanan upon that premise
argued that for Congress To- refuse 10
admit State into the Union which
had exercised, as he assumed the Ter
ritory of Kansas had exercised. tha
right 10 regulate their domestic ins;i
tuition was a denial OF the right oil
This provision in
The organic act is no broader in terms.
even as construed by Mr.. Buchanan.
than the Louisiana treaty, by which
we acquired what is now the Terri
tory of Dakota from France That is
in the following words:
The inhabitants of the coded territory
shall be incorporated in the Union OF the
United States. and admitted as soon as pos
5ible, according 20 the principles of the
Federal Constitution, to the enjoyment of
III the rights, advantages, and immunities Of
citizens of the United States; and in the
mean time they shall be maintained and
in the free enjoyment of their
liberty, property, and the religion which
hey profess.
1t viii be seen. think. that this
provision of the Louisiana treaty is a
much more comprehensive one than
he one which Mr.. Buchanan found in
he organic act of Kansas. He goes
ln to saw:
1t is impossible that any people could
,aye proceeded with more regularity in the
Of shap 10
people of Kansas have done. 1t was neces-
AIRY, frst, to ascertain whether it was the
iesire of the people to be relieved from their
Territorial dependence and establish a State
government. For this purpose the Terri |
orisl Legislature, in 1856, passed law "for |
aking the sense OF the people of the Terri |
DRY upon the expediency of calling a con-
-ention to form State constitution" at the 1
,eneral election 10 be held in October, |
500. The ''sense Of the people was &C /
taken, and they decided in favor I
# convention. II is true that at this /
lection the enemies of the Territorial gov
rnment did not vote, because they were |
hen engaged at Topeka, without the slight 1
81 pretext of lawful authority, in framing |
constitution of their own for the purpose of |
the Territorial government.
Mr.. Buchanan. il VIII be seen. ad- /
nits that the Free State men, who |
we're in an undeniable majority OF |
more than to /. did not vote. The !
,eturns show that but 1852 votes were 1
asst tor constitutional convention 1T 4
his election, and asa sgains: il. Of!
hese 1.S0o were cast in single 1
county, and one-hslf a, lass; were 1
fraudulent.