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these same Indians, by the first article of which that Pawnee was not a suitable place for them all the lands granted to them by the said trea. to meet: ties of 1825 and 1831 were ceded to the United “ After the contest was over, and the result States, and, being thus exempted from the ope- known, he delayed the assembling of the body ration of the guaranties in those treaties, were, until the 2d day of July-more than three by the terms of the organic act of Kansas, in- months afterwards--and that, too, when the cluded within the limits, and rendered subject whole Union was convulsed on account of alto the jurisdiction of said Territory.

leged outrages in Kansas Territory, and yet no The second article granted the house in law for the punishment or prevention of them. which the legislature afterwards held its ses. When at last they did meet, upon the call of sions, and the land upon which the house stood, the governor, at a point where they had preto the missionary society of the Methodist Epis- viously, in an informal manner, protested copal Church South, in these words : “ Of the against being called, with an avowal of their lands lying east of the parallel line aforesaid, intention to adjourn to the point at which they there shall first be set apart to the missionary are now assembled, for the reasons that the resociety of the Methodist Episcopal Church quisite accommodations could not be had; where South, to include the improvements of the In- there were no facilities for communication dian Manual-labor School, three sections of land; with their families or constituents; where they to the Friends' Shawnee Labor-school, inclading could not even find the commonest food to eat, the improvements there, three hundred and unless at an enormous expense, there being no twenty acres of land; and to the American gardens yet made by the squatters; where the Baptist Union, to include the improvements house in which we were expected to assemble where the superintendent of the school now re. had no roof or floor on the Saturday preceding sides, one hundred and sixty acres of land ; and the Monday of our assembling, and for the also five acres of land to the Shawnee Methodist completion of which the entire Sabbath day and Church, including the meeting house and grave night was desecrated by the continual labor of yard ; and two acres of land to the Shawnee the mechanics ; where, at least, one-half of the Baptist Church, including the meeting house members, employés, and almost all others who and grave-yard.”

had assembled there for business or otherwise, The other articles of the treaty provide for had to camp out in wagons and tents during a the survey of those lands, and for granting two rainy, hot season, and where cholera broke out, hundred acres to each Shawnee Indian, to be as a consequence of the inadequate food and held as private property, subject to such condi- shelter; and when, under all of these circumtions as Congress should impose, and recognize stances of annoyance, they finally passed an act the right of the legislature to lay out roads and adjourning to this point-Shawnee Manual-lapublic highways across the Indian lands, on the bor School-where ample accommodations are same terms as the law provides for their loca- provided, and where the governor himself bad tion through the lands of citizens of the United previously made it the seat of government, they States. The Rev. Thomas Johnson, who was were met by his veto, which is herewith transpresident of the Kansas legislative council, and mitted.” also agent of the Missionary society of the Me- Your committee have not considered it any thodist Episcopal Church, to which the lands and part of their duty to examine and review each improvements belonged,' authorized the legis- enactment and provision of the large volume of lature to use and occupy such portions of the laws adopted by the legislature of Kansas upon buildings of which he held the lawful posses. almost every rightful subject of legislation, and sion as they should find convenient in the exer- affecting nearly every relation and interest in cise of their legislative functions.

life, with a view either to their approval or disUpon a careful review and examination of approval by Congress, for the reason that they all the facts, laws, and treaties, bearing upon are local laws, confined in their operation to the the point, your committee are clearly of the internal concerns of the Territory, the control opinion that the Shawnee Manual-la bör School and management of which, by the principles of was a place to which the legislature might the Federal Constitution, as well as by the very lawfully adjourn and enact valid laws in pursu- terms of the Kansas-Nebraska act, are confided ance of the organic act of the Territory: to the people of the Territory, to be determined

We do not deem it necessary to inquire into by themselves through their representatives in the expediency of the removal of the seat of their local legislature, and not by the Congress, government, for the reason that it cannot affect in which they have no representatives to give or the validity of the legislative proceedings. It withhold their assent to the laws upon which is sufficient to state, that the reasons assigned their rights and liberties may all depend. Under by the Governor against the expediency of the these laws marriages have taken place, children measure were : first, "the loss of time (more have been born, deaths have occurred, estates yaluable because limited) which our organic have been distributed, contracts have been made, law allots to the legislative session ;” and se. and rights have accrued which it is not compecondly, " because it will involve a pecuniary tent for Congress to divest. If there can be a Joss, in view of the arrangements which have doubt in respect to the validity of these laws, been made at this place for our accommoda- growing out of the alleged irregularity of the tion.” As an offset to the unfortunate circum- election of the members of the legislature, or the stance that the people of Kansas would be de- lawfulness of the place where its sessions were prived, for the period of ten days, of all the held, which it is competent for any tribunal to advantages and protection which were expect inquire into with a view to its decision at this ed to result from the wholesome laws which day, and after the series of events which have the governor had recommended them to enact ensued, it must be a judicial question, over which upon all rightful subjects of legislation, and to Congress can have no control, and which can be the pecuniary loss which would be sustained in determined only by the courts of justice, under consequence of the removal from Pawnee City, the protection and sanction of the Constitution. the members of the legislature, in their memo- When it was proposed in the last Congress to rial to the President of the United States, asking annul the acts of the legislative assembly of Min. him to remove the governor, state their reasons nesota, incorporating certain railroad companies, as follows, for the allegation that there was an this committee reported against the proposition, unnecessary loss of three months' time after and, instead of annulling the local legislation of the election in convening the legislature, and the Territory, recommended the repeal of that

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clause of the organic act of Minnesota which it is difficult to see how a more guarded law could be reserves to Congress the right to disapprove its framed, for the purpose of protecting the purity of laws. That recommendation was based on the elections and the sanctity of the ballot-box. The theory that the people of the Territory, being the fugitive-slave law, or the Kansas and Nebraska

law does not require the voter to swear to support citizens of the United States, were entitled to bill, unless he is challenged; in that case, he is rethe privilege of self-government in obedience quired to take an oath to support each of these laws, to the Constitution; and if, in the exercise of As to the dollar law, (so called.) it is merely a poll. this right, they had made wise and just laws, tax, and has do more connection with the right of they ought to be permitted to enjoy all the ad" suffrage than any other tax levied by the territorial vantages resulting from them; while, on the authority, and is to be paid whether the party votes contrary, if they had made unwise and unjust force beyond this year, and was resorted to as such

or not. It is a mere temporary measure, having no laws, they should abide the consequences of

to supply the territorial treasury with the necessary their owu acts until they discovered, acknow means to carry on the government. ledged, and corrected their errors.

"It has also been charged against the legislature that It has been alleged that gross misrepresenta- they elected all of the officers of the Territory for six tions have been made in respect to the charac- years. This is without any foundation. They elected ter of the laws enacted by the legislature of

no officer for six years; and the only civil officers Kansas, calculated, if not designed, to preju- they retain the election of, that occurs to us at presdice the public mind at a distance against those ent, are the auditor and treasurer of state, and the

district attorneys, who hold their offices for four, and who enacted them, and to create the impres- not six years. By the organic act, the commissions sion that it was the duty of Congress to inter- issued by the governor to the civil officers of the Terfere and annul them. În view of the violent ritory all expired on the adjournment of the legislaand insurrectionary measures which were being lature. To prevent a failure in the local administrataken to resist the laws of the Territory, a con- tion, and from necessity, the legislature made a numvention of delegates, representing almost every

ber of temporary appointments, such as probate portion of the Territory of Kansas, was held at judge, and two county commissioners, and a sheriff of

each county. The probate judge and county commisthe city of Leavenworth on the 14th of Novem, sioners constitute the tribunal for the transaction of ber, 1855, at which men of all shades

of political county business, and are invested with the power to opinions, Whigs, Democrats, Pro-slavery appoint justices of the peace, constables, county surmen, and Free-state men, all met and harmo. veyor, recorder, and clerk, etc. Probate judges, coun. nized together, and forgot their former differ- ty commissioners, sheriff's, etc., are all temporary apences in the common danger that seemed to pointments, and are made elective by the people at threaten the peace, good order, and prosperity not have avoided making some temporary appoint

the first annual election in 1857. The legislature could of this community." This convention was pre- ments. No election could have been held without sided over by the governor of the Territory, as- them. There were no judges, justices of the peace, or sisted by a majority of the judges of the su- other officers to conduct an election of any kind, unpreme court; and the address the citizens of til appointed by the legislature. It was the exercise the United States, among other distinguished of a power which the first legislative assembly in every names, bears the signatures of the United Territory must, of necessity. exercise, in order to put States' district attorney and marshal for the this to justify revolution or a resort to force.

the local goveroment in motion. We see nothing in

The Territory. It is but reasonable to assume that the inter- much misunderstood. The right to pass such a law is

law for the protection of slave property has also been pretation which these functionaries have given expressly stated by Governor Reeder in bis inaugural to the acts of the Kansas legislature in this ad- message, in which he says: 'A territorial legislature dress will be observed in their official exposi- may undoubtedly act upon the question to a limited tion and execution of the same. In reference and partial extent, and may temporarily prohibit, tolto the wide-spread perversions and misrepre- absolute or modified form, with all the force and ef

erate or regulate slavery in the Territory, and in an sentations of those laws, this address says:

ject of any other legislative act, binding until repeal“The laws passed by the legislature have been most

ed by the same power that enacted it.' There is nothgrossly misrepresented, with the view of prejudicing ing in the act itself, as has been charged, to pr-vent

a free discussion of the subject of slavery. Its bearthe public against that body, and as an excuse for the revolutionary movements in this Territory.

The ing on society, its morality or expediency, or whether limits of this address will not permit a correction of

it would be politic or impolitic to make this a slave all these misrepresentations; but we will notice some of State, can be discussed here as freely as in any state

in this Union, without infringing any of the provisthem, that have had the most wide-spread circulation.

ions of the law. To deny the right of a person to hold “It has been charged and widely circulated that the legislature, in order to perpetuate their rule, had pass

slaves under the law in this Territory is made penal; ed a law prescribing the qualification of voters, by

but beyond this, there is no restriction to the discuswhich it is declared that any one may vote who will

sion of the Slavery question, in any aspect in which

it is capable of being considered. We do not wish to swear allegiance to the fugitive-slave law, the Kansas and Nebraska bill, and pay one dollar.' Such is de

be understood as approving of all the laws passed by clared to be the evidence of citizenship, such the

the legislature; on the contrary, we would state that qualification of voters. In reply to this, we say that

there are some that we do not approve of, and which no such law was ever passed by the legislature.

are condtmned by public opinion here, and which will, Jaw prescribing the qualification of voters expressly next legislature. But this is nothing more than what

no doubt, be repealed or modified at the meeting of the provides that, to entitle a person to vote, he must be twenty-one years of age, an actual inhabitant of this frequently occurs, both in the legislation of Congress Territory, and the county or district in which he for such evils is to be found in public opinion, to

and of the various State legislatures. The remedy offers to vote, and shall have paid a territorial tax. There is no law requiring him to pay a dollar-tax as

which, sooner or later, in a government like ours, all

lawg must conform." a qualification to vote. He must pay a tax it is true, [and this is by no means an unusual requirement in the States ;] but whether this tax is levied on his per: his official

relations with the legislature, on ac

A few days after Governor Reeder dissolved sonal or real property, his money at interest, or is a poll-tax, makes no difference; the payment of any

count of the removal of the seat of government, territorial tax entitles the person to vote, provided and while that body was still in session, a meethe has the other qualifications provided by law. The ing was called by many voters,” to assemble act seems to be carefully drawn with the view of ex- at Lawrence on the 14th or 15th of August, 1855, cluding all illegal and foreign votes. The voter must be an inhabitant of the Territory, and of the county calling a Territorial convention, preliminary to

" to take into consideration the propriety of or district in which he offers to vote, and he must have paid a territorial tax. The judges and clerks the formation of a State government, and other are required to be sworn, and to keep duplicate poll- subjects of public interest.” At that meeting boxes; and ample provision is made for contesting the following preamble and resolutions were elections, and purging the polls of all illegal votes. / adopted with but one dissenting voice :


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“Whereas the people of Kansas Territory have was taken on the person of one George F. Warbeen since its seitlement, and now are, without any ren, who attempted to conceal and destroy the law-making power: ther, fore,

same by thrusting it into his mouth, and biting ** Be it resolved, That we, the people of Kansas Ter and chewing it. Although somewhat mutilated ritory, in mass meeting assembled, irrespective of party distinctions, influenced by a common necessity, and by the “ tooth prints,” it bears internal evidence greatlr desirous of promoting the coni mon good, do of being a genuine document, authenticated by bereby call upon and request all bona fide citizens of the original signatures of "G. W. Hutchinson, Kansas Territory, of whatever political views and predi- grand general," and "J. K. Goodwin, grand lections, to consult together in their respective election quartermaster.” On the last page was a charter districts, and in mass convention or otherwise, elect of the Kansas legion, authorizing the said three delegates for

each representative of the legisla: George F. Warren, from whose mouth the docutive assembly, by proclamation of Governor Reeder of date 10th March, 1855; said delegates to assemble

ment was taken, to form a new regiment, as

follows: io convention at the town of Topeka, on the 19th day of September, 1855, then and there to consider and de

Charler of the Kansas Legion. termine upon all subjects of public interest, and par.

“UNITED STATES OF AMERICA, ticularly upon that having reference to the speedy formation of a State constitution, with an intention Territory of Kansas. of an immediate application to be admitted as a State “Know all men by these presents, that we, the into the Union of the United States of America." Gradd Encampment of the Kansas Legion of Kansas

This meeting, so far as your committee have Territory, have created, chartered, and empowered, been able to ascertain was the first step in that and by these presents do create, charter, and empower

to be regiment series of proceedings which resulted in the George F. Warren

- No. of the Kapsas Legion ; and, as such, adoption of a constitution and State govern they are hereby invested with all and singular the ment, to be put in operation on the 4th of the authority and privileges with which each and every present month, in subversion of the Territorial regiment is invested, working under a charter from government established under the authority of the Graud Encampment. Congress. The right to set up the State gov.

"In witness whereof, we have hereunto set our ernment in defiance of the constituted authori- hands, this sixteenth day of August, one thousand ties of the Territory, is based on the assumption eight bundred and fifty-five. that the people of Kansas Territory have been

"G. W. HUTCHINSON, since its settlement, and now are, without any

Grand General.

“J, K, GOODWIN, law-making power;" in the face of the well

Grand Quartermaster." krown fact, that the Territorial legislature were then in session, in pursuance of the procla- The constitution consists of six articles, regumation of Governor Reeder, and the organic law lating the organization of the “Grand Encampof the Territory. On the 5th of September, a ment,” which is “composed of representatives “ Territorial delegate convention” assembled

at elected from each subordinate regiment existing the Big Springs to take into consideration the in the Territory, as hereafter provided. The present exigencies of political affairs,". at which, officers of the Grand Encampment shall consist among others, the following resolutions were of a Grand General, Grand Vice-General, Grand adopted:

Quartermaster, Grand Paymaster, Grand Aid, Resolved, that this Convention, in view of its two Grand Sentinels, and Grand Chaplain. recent repudiation of the acts of the so-called Kansas

“The Grand Encampment shall make all nominalegislative assembly, respond most heartily to the

tions for Territorial officers at large, and immediately call made by the people's convention of the 14th after auch nominations shall have been made, the ultimo, for a delegate convention of the people of Grand General shall communicate the result to every Kapsas, to be held at Topeka, on the 19th instant, to regiment in the Territory." consider the propriety of the formation of a State Constitution, and such matters as may legitimately The officers of the “GRAND ENCAMPMENT"

* Resolved, That we owe no allegiance or obedience are, Grand General Rev. G. W. Hutchinson, to the tyrannical enactments of ihis spurious legis- Lawrence, K. T. lature ; that their laws have no validity or binding

Grand Vice-General, C. K. Holliday, Topeka, force upon the people of Kapsas; and that every free- K. T. mao among us is at full liberty, consistently with his Grand Quartermaster, J. K. Goodwin, Lawobligations as a citizen and a man, to defy and resist rence, K. T. them if he choose so to do. “Resolved, that we will endure and submit to these venworth city, K. T.

Grand Paymaster, Charles Leib, M. D., Lealaws no longer than the best interests of the Territory require, as the least of two evils, and will resist them

By “the constitution of the subordinate ento a bloodyissue as soon as we ascertain that peace- campment,” “the officers of each subordinate able remedies shall fail, and forcible resistance shall regiment shall consist of a colonel, a lieutenantfurnish any reasonable prospect of success; and that colonel, a quartermaster, aid, and two sentinels. in the mean time we recommend to our friends The regiment located in each and every election througout the Territory, the organization and disci. district, shall make nominations for all candipline of volunteer companies, and the procurement dates for offices in their respective districts; and preparation of arms."

but where there shall be two or more regiments With the view to a distinct understanding of in any one election district, of whatever kind, the meaning of so much of this resolution as these nominations shall be made by delegates relates to the “organization and discipline of from the respective encampments within said volunteer companies, and the procurement and district." preparation of arms," it may be necessary to

The “ritual" continues the order of business state, that there was at that time existing in the and modes of proceeding in the subordinate Territory a secret military organization, which encampment, under the following heads: had been formed for political objects prior to 1st. Reading the minutes by the quarter. the alleged invasion, at the election on the 30th master. of March, and which held its first “Grand En- 2d. Proposals for new recruits. campment at Lawrence, February 8th, 1855.3d. Voting for same. Your Committee have been put in possession of 4th. Initiation of recruits. a small printed pamphlet, containing the " 5th. Reports of committees. stitution and ritual of the grand encampment 6th. Unfinished business appearing on the and regiments of the Kansas legion of Kansas | minutes. Territory, adopted April 4th, 1855,” which, dur- 7th. Miscellaneous business, ing the rec disturbances in that Territory, 8th. Adjournment.

come before it.


" Aid.

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The “opening ceremony" of the subordinate nels, you will open the doors, that our soldiers may encampments is as follows:

retire pleasantly and in order." " The colonel, lieutenant-colonel, quartermaster, paymaster, aid, and sentinels, being in their respec

Your committee have deemed it important to tive places. the regiment shall be called and thus give this outline of the "constitution and ritual addressed by the colonel :

of the grand encampment and regiments of the “ Colonel. Fellow-soldiers in the Free-State army: Kansas legion,” as constituting the secret orThe hour has arrived when we must resume the duties ganization, political and military, in obedience devolving upon us. Let us each, with a heart de to which the public demonstrations have been voted to justice. patriotism, and liberty, attend close- | made to subvert the authority of the Territorial ly to all the regulations laid down for our govern-government established by Congress, by setting ment and action ; each laboring to make this review pleasant and profitable to ourselves, and a blessing to up a State government, either with or without our country. "Aid, are the sentinels at their post, with the assent of Congress, as circumstances should closed doors!

determine. The endorsement of this military " Aid. They are.

organization, and the recommendation by the "Colonel. Xid, you will now review the troops in Big Springs convention for “the procurement the regiment's pass-words.

and preparation of arms,” accompanied with (After examination.) I have examined the distinct declaration that “we will resist them personally, and find each correct. “ Colonel. I pronounce this regiment arrayed and

them (the laws enacted by the Kansas legislaready for service.'

ture] to a bloody issue, as soon as we ascertain

that peaceable remedies shall fail, and forcible Then follows the process of initiating new re- resistance shall furnish any reasonable proscruits, who are properly vouched for by mem-pect of success,” would seem to admit of no bers of the order, the preliminary obligations to other interpretation than that, in the event that observe secrecy, the catechism to which the the courts of justice shall sustain the validity candidate is subjected, and the explanations of of those laws, and Congress shall refuse to adthe colonel in respect to the objects of the order, mit Kansas ás a State with the constitution to which are thus stated:

be formed at Topeka, they will set up an inde“ First, to secure to Kansas the blessing and pros- pendent government in defiance of the federal perity of being a free State ; and, secondly, to protect authority. the ballot-box from the LEPROUS TOUCH OF UNPRINCI

The same purpose is clearly indicated by the PLED MEN."

other proceedings of this convention, in which These and all other questions being satisfac- it is declared that“ we with scorn repudiate torily answered, the final oath is thus adminis- the election-law, so called,” and nominate Gove tered:

ernor Reeder for Congress, to be voted for on a “With these explanations upon our part, we shall different day from that authorized by law, at ask of you that you take with us an obligation placing an election to be held by judges and clerks not yourself in the same attitude as before.

appointed in pursuance of any legal authority,

and not to be sworn by any person authorized OBLIGATION.


by law to administer oaths; and the returns to in the most solemn manner, here be made, and result proclaimed, and certificate in the presence of Heaven and these witnesses, bind granted, in a mode and by persons not permitted myaelf that I will never reveal, nor cause to be re. vealed, either by word. look, or sign, by writing, print- to perform these acts by any law, in or out of the Ing. engraving, painting, or in any manner whatso- Territory. ever, anything pertaining to this institution, save to In accepting the nomination, Governor Reeder persons duly qualified to receive the same. I will addressed the convention as follows; and, among nover reveal the nature of the organization, the other things, said: place of meeting, the fact that any person is a member of the same, or even the existence of the organi- “In giving him this nomination in this manner, zation, except to persons legally qualified to receive they had strengthened his arms to do their work, and, the same, Should I at any time withdraw, or be sus- in return, he would now pledge to them a steady, unpended or expelled from this organization, I will keep flinching pertinacity of purpose, never-tiring industry, this obligation to the end of life. If any books, pa- dogged perseverance, and, in all the abilities with pers, or mon-ys belonging to this organization be in which God had endowed him, to the righting of their trusted to my care or keeping, I will faithfully and wrongs, and the final triumph of their cause. He completely deliver up the same to my successor in believed, from the circumstances which bad for the last office, or any onė legally authorized to receive them. eight months surrounded him, and which had, at the I will never knowingly propose a person for member- same time, placed in his possession many facts, and ship in this order who is not in favor of making bound him, heart and soul, to the oppressed voters of Kansas a free State, and whom I feel satisfied will Kapsas, that he could do much towards obtaining a exert his entire influence to bring about this result. redress of their grievances. I will support, maintain, and abide by any honorable “He said that, day by day a crisis was coming upon movement made by the organization to secure this us; that, in after-times, this would be to posterity a great end, which will not conflict with the laws of turning-point, a marked period, as are to us the openthe country and the Constitution of the United States. ing of the Revolution, the adoption of the Declaration I will unflinchingly vote for and support the candidates of Independence, and the era of the alien and sedi. nominated by this organization in preference to any tion laws ; that we should take each carefully, so that and all others.

each be a step of progress, and so that no violence be " To all of this obligation I do most solemnly pro- done to the tie which binds the American people tomise and affirm, binding myself under the penalty of gether. He alluded to the unprecedented tyrappy being expelled from this organization, of having my under which we are and have been; and said that, if namo published to the several Territorial eocamp- any one supposed that institutions were to be imments as a perjurer before Heaven, and a traitor to posed by force upon a free and enlightened people, my country, of passing through life scorned and re- they never knew, or had forgotten, the history of our viled by man, frowned on by devils, forsaken by fathers. American citizens bear in their breasts too angels, and abandoned by God.”

much of the spirit of other and trying days, and have The "closing ceremony" is as follows:

lived too long amid the blessings of liberty, to sub

mit to oppression from any quarter: and the man Colonel. Fellow-soldiers: I trust this review has who having once been free, could tamely submit to been both pleasant and profitable to all. We met as tyranny, was fit to be a Slave. friends ; let us part as brothers, remembering that we " He urged the Free-State men of Kansas to forget seek do wrung to any; and our bond of union in all minor issues, and pursue determinedly the one battling for the right must tend to make us better great object, never swerving, but steadily pressing on, men, better neighbors, and better citizens. We thank as did the wise men who followed the star to the you for your kindness and attention, and invite you manger, looking back only for fresh encouragement. all to be present at our next review, to be holden at He counseled that peaceful resistance be made to the

on next, at o'clock P. M. Senti. | tyrannical and unjust laws of the spurious legislature;


that appeals to the courts, to the ballot box, and to institute a new government. It proposes to force Congress, be made for relief from this oppressive load; theories of human rights into facts, to practically apthat violence should be deprecated as long as a single ply this great principle to the wants and the necessihope of peactable redress remained; but if, at last, all ties of the down-trodden people of Kansas. I do not these should fail--it, in the proper tribunals, there is question this right of the people, and certainly no no hope for our dearest rights, outraged and profaned gentlemau on this floor will disagree with me. If he --if we are still to suffer, that corrupt men may reap does, he occupies a most extraordinary position, and harvests watered by our tears-then there is one consistency would suggest that he withdraw from this

oce for justice. God has provided, in the body. No, when we say at we will take measures to eternal frame of things, redress for every wrong; and supersede and render unnecessary that thing now exthere remains to us still the steady eye and the strong tended over us called a territorial government-when arm, and we inust conquer, or mingle the bodies of we say and maintain that we have a right guaranteed the opprestors with those of the oppressed upon the by the Constitution, to bave a form of government soil which the Declaration of Independence no longer resting on our own consent and free will, we are ouly protects. But he was not at all apprehensive that doing what, as American citizens, we have a right to such a crisis would ever arrive. He believed that jus- do ; we only propose to carry out the doctrine, much tice might be found far short of so dreadful an ex- abused and grossly misrepresented as it has been-I tremity; and, even should an appeal to arms come, it mean the doctrine of squatier sovereignty, under which was bis opinion, that if we are well prepared, that mo- we are assembled here to day, and in pursuance of the ment the victory is won."

principles of which we hope to extricate ourselves

from our present unhappy condition." In pursuance of the recommendation of the mass meeting held at Lawrence on the 14th of this same speech, Mr. Emery declared himself

It is but just to state, that in another part of August, and endorsed by the convention held at opposed to an immediate election “ under the the Big Springs on the 5th and 6th of September, new constitution, and an immediate session of a convention was held at Topeka on the 19th the general assembly, when all the wheels of and 20th of September, at which it was deter- State government shall be put in motion, irremined to hold another convention at the same place on the fourth Tuesday of October, for the plication for admission. Mr. E. presented his

spective of the action of Congress, upon due appurpose of forming a constitution and State objections to the position of Mr. Smith, and government; and to this end such proceedings maintained the views above indicated. He were had as were deemed necessary for giving contended that, inasmuch as the Territorial form the notices, conducting the election of dele- of government was recognized by the Supreme gates, making the returns, and assembling the Court of the United States, and hence a legal convention. With regard to the regularity of form of government, no other government could these proceedings, your committee see no ne be substituted so long as that was in existence, cessity for further criticism than is to be found without risking the most serious consequences, in the fact that it was the movement of a politi- to say the least.” cal party instead of the whole body of the people of Kansas, conducted without the sanction organization, Mr. Delahay, of Leavenworth,

In reply to the advocates of immediate State of law, and in defiance of the constituted au

said : thorities, for the avowed purpose of overthrow

“Under the defined rights of squatter sovereignty, ing the territorial government established by

as enunciated by the Kansas-Nebraska act, it seems Congress. The constitutional convention met at Topeka themselves the burdens of a government, but I

reasonable that the people have the right to take upon

queson the fourth Tuesday of October, and organized tion the right of the people of Kansas to organize a by electing Col. J. H. Lane president, who, in new government if its authority is to come in conflict returning his acknowledgments for the honor, with that of the government created by Congress. ropudiated the validity of the territorial legisla- The gentleman from Lawrence (Colonel Lane) has ture and its acts in these words :

assumed as a fundamental position, in advocating an

immediate State organization, that neither govern"Gentlemen of the convention : For the position m'nt nor local law exists in this Territory. Sir, assigoed me, accept my thanks. You have met, gen- I must dissent from that position. I deny, Mr. tlemen, on no ordinary occasion, to accomplish no Chairman, that a Territorial government can be leordinary purpose. You are the first legal representa- gally abolished by the election of another governtives the real settlers of Kansas have ever had. You ment. I hold, on the contrary, and I think that my comprise the first legally-elected representative body position would be supported by our highest legal auever assembled in the Territory,” etc.

thorities, that the power of a Territorial government “Friday, October 26.-Mr. Smith offered the fol. ceases only by the enactment of the body which crealowing resolution, instructing the standing commit- ted it; in other words, that the government and

laws of Kansas can be abolished by Congress alone, Resolved, that the various committees of this and are beyond the reach of this Territory, or any convention be, and they are hereby, instructed to other power. I do not pretend to deny that, as all civil frame their work, having in view an immediate or- power is derived from the people, they have the moral ganization of a State government."

right to abolish unjust laws, or to overi hrow obpoxious “ October 30.- In the evening session the debates governments by force; but I do question the expediran high upon Mr. Smith's resolution in reference to ency of effecting a reform in Kansas by any overt act an immediate State organization. The mover of the of rebellion. For I must confess, Mr. Chairman, resolution was in favor of electing State officers at while I cast not the shadow of suspicion on the moonce. He would advise no hesitation, he would pre

tives of the advocates of this measure, that from the sent a bold front, and waver not at all. The Territory point of view from which I regard this question, it was without laws; life and property were unprotected. appears to me to be an act of rebellion.The territorial government had broken down. He would not leave it an hour for the action of Congress extracts from the best authenticated reports

Your committee have made these voluminous after an application for admission, but would set up which they have been able to obtain of the an independent form of government,” etc.

proceedings of the convention, for the purpose Mr. Emery said:

of showing that it was distinctly undorstood on "Now, Mr. Chairman, what does this resolution all sides that the adoption of the proposition for contemplate? What is proposed to be done? It first organizing the State government, before the asproposes to supersede the present weak and inefficient sent of Congress for the admission of the State territorial government, and hence it enunciates the should be obtained, was a decision in favor of fundamental idea of the constitutional movement. repudiating the laws, and overthrowing the TerAy, it does more. It proposes to prove into a fact the ritorial government in defiance of the authority leading idea of the Declaration of Independence, the of Congress. By this decision as incorporated highest human authority in American politics, which is this: whenever any form of government becomes into the schedule to the constitution, the vote on destructive of the ends for which it was iostituted, it the ratification to the constitution was to be held is the right of the people to alter or abolish it, and to on the 15th of December, 1855, and the election

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