n 
 
 
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 P 685 
 I.U561 
 Copy 1 
 
 
 IN THE SENATE OF THE UNITED STATES. 
 
 FEBRUARY 18, 1858.— ORDERf^D TO BE PRINTED. 
 
 Mr. CoLLAMEK, from the Committee on Territories, submitted 
 ■'"'''- the following as the 
 
 VIEWS OF THE MmORITY 
 
 On the Constitution of Kansas, "adojUed h/ the Convention tvhich 
 met at Lecompton on Monday/, the M of September, 1857, 
 
 Congress has passed laws in relation to 
 slavery ia the Territories at all periods of its 
 existence. When the territory was held by 
 grant or treaty that in no way alfected sla- 
 very, and where such an institution existed, if 
 at all, to a very limited extent; there Congress 
 entirely prohibited it. If slavery existed, and 
 especially if the territory was holden by a title 
 or treaty which forbade abolition, there sla- 
 very wag suffered to continue j but even there 
 Congress often adopted measures to prevent or 
 check further additions, and often, and before 
 1820, the taking of slaves into a Territory for 
 sale wag forbidden. 
 
 It is most observable, however, that in no 
 case was the condition of a Territory, as to 
 slavery, ever left to be a matter of contention 
 to the people therein. It was regarded as a 
 question of too much interest to the whole 
 country to be left to local legislation. At no 
 period in our history has it ever, by any party, 
 been insisted that the people were not at liber- 
 ty to arrange this matter, like all others, in 
 their own way, in the formation or alteration 
 of their State Constitution. In all the Terri- 
 tories north of the Ohio slaver-> vaa utterly 
 
 forbidden by Congress from 
 they were formed, and in r- 
 dinance of 1787. In Mip- 
 gress prohibited the 
 which they could np 
 1808. This was dir 
 in Orleans Terrif/ 
 adopted three ey 
 Slaves were forb. 
 with the owner' 
 not to be imp< 
 States; none ■v 
 manner, if im 
 of either of t. 
 'dfre 
 
 time, as 
 «f the or- 
 \98, Con- 
 
 'ntil 
 
 I bidden north of 3G° 30' in the country ceded 
 I to us by France. This was done by the South- 
 I ern vote by a large majority, with a small 
 minority of the North, and so a Southern meas- 
 ure. This settled the condition of all the ter- 
 ritory we then owned, and was the bond of 
 peace on the subject for more than one-third 
 of a century. When Texas was acquired, the 
 same provision, by a line on ZQ9 30', was made 
 for peace. 
 
 When, by arrangement with Great Britain,, 
 we obtained the exclusive right to Oregon, it 
 was formed into a Territory, and slavery ut- 
 terly prohibited. After our acquisition by the 
 treaty of peace with Mexico, difficulty and 
 trouble on this subject was renewed. In 1850 
 this was arranged by the admission of Califor- 
 nia as a free State, and forming New Mexico 
 and Utah into Territories, with the right, when 
 forming State Constitutions, at the proper time, 
 to be admitted either with or without slavery, 
 as such Constitution should provide. This 
 was also a Southern measure ; and it, together 
 with the former measures then in force, again 
 settled the condition of all our territory as to 
 slavery. It was claimed and sustained aa a 
 finality of this subject. 
 
 In 1854 a measure was adopted, at the claim 
 
 of the slaveholding States, by which, in effect, 
 
 both and all the settlements were broken up, 
 
 and the whole policy of the Government on 
 
 this subject changed. The country south of 
 
 3^6° 30' — Missouri, Arkansas, Louisiana, and 
 
 lorida — obtained from Spain, had been mado 
 
 "> slave States; but the country north of 
 
 lino was mostly unsettled, Iowa only 
 
 ' beep formed therefrom. The Kansas- 
 
 * act -vv^s passed, the Missouri com- 
 
 ^ne declared inoperative, and tha 
 
 lavery was professedly turned over 
 
 who should go and inhabit that 
 
 was an invitation to all mea 
 
 i ' competition for. f»ee or 
 
 ' was to be expected 
 
? L 
 
 J.. „■ w 
 
 that the friends and promoters of these two 
 systems would make vigorous exertions in the 
 struggle, and that settlement, by friends of 
 each, would fe'e highly stimulated by all lawful 
 means. Hence associations and societies have 
 been put in operation, both North and South, 
 to promote such settlement by their respective 
 friends. This was, however, neither unlawful 
 nor censurable. That provision of the Kansas 
 act is as follows : 
 
 "The eighth section of the act preparatory 
 ' to the admission of Missouri into the Union 
 '.(which being inconsistent with the principle 
 'of non-intervention by Congress with sla- 
 
 • very in the States and Territories, as required 
 
 * by the legislation of 1850, commonly called 
 ' the compromise measure) is hei-eby declared 
 ' inoperative and void, it being the true intent 
 ' and meaning of this act not to legislate sla. 
 
 borne down by said violence and intimiu. 
 scattered and discouraged, and laboring unde* 
 apprehensions of personal violence, refrained 
 and desisted from presenting any protest to 
 the Governor in relation thereto, and he, then 
 uninformed in relation thereto,' issued cer- 
 tificates to the members who appeared by said 
 formal returns to have been elected. 
 
 In relation to those districts which the Gov- 
 ernor so set aside, orders were by him issued 
 for new elections. In one of these districts 
 the same proceedings were repeated by men 
 from Missouri, and in others not, and certifi- 
 cates were issued to the persons elected. 
 
 This Legislative Assembly, so elected, as- 
 sembled at Pawnee on the 2d day of July, 
 1855, that being the time and place for hold- 
 ing the meeting, as fixed by the Governor, by 
 authority of law. On assembling, the Houses 
 
 very into said Territory, or to exclude it there- | proceeded to set aside and reject those mem- 
 
 \. 
 
 ' from, but'to leave the people thereof perfectly 
 ' free to form and regulate their domestic in- 
 ' stitutions in their own way, subject only to 
 ' the Constitution of the United States : Fro- 
 ' videdj That nothing herein contained shall 
 ' be construed to revive or put in force any 
 'law or regulation which may have existed 
 ''prior to the act of March 6, 1820, either pro- 
 ' tecting, establishing, prohibiting, or abolish- 
 ' ing slavery." 
 
 Without now inquiring into the propriety, 
 expediency, or moral justice, of this law, clear 
 it is that it Contains the plighted public faith 
 of this nation that the people of Kansas shall 
 have the right of self-government consistent 
 with the Constitution. 
 
 Plighted public faith and just laws, how- 
 ever, secure no rights to men. These are found 
 only in the just and fair execution of such | 
 laws; and we will now briefly inquire how 
 tlifit has been done in relation to that people. 
 Hanre they been permitted to exercise their 
 promised freedom, even in the initiation of the 
 Government provided for them ? 
 
 The Governor of Kansas having, in pursu- 
 ance of law, divided the Territory into dis- 
 tricts, and procured a census thereof, issued 
 bis proclamation for the election of a Legisla- 
 tive Assembly therein, to take place on the 
 30th day of March, 1855, and directed howth^ 
 same should be conducted, and the returns 
 made to him, agreeable to the law establishing 
 said Territory. On the day of election, large 
 bodies of armed men from the State of Mis- 
 souri appeared at the polls in most of the dis- 
 tricts, and, by most violent and tumultuous 
 carriage and demeanor, overawed the defence- 
 less inhabitants, and by their own votes elected. 
 a large majority of the members of both Hous/ 
 of said Assembly. On the returns of ir 
 election being made to the Governor, pr 
 and objections were made to him in 
 to a part of said districts ; and as to 
 set aside such, and such only, as by 
 appeared to be bad. In relatiOy 
 covering, in all, a majority of 
 equally vicious in fact, but 
 by formal returns, t^*^ ' ^V^ 
 
 bers so elected on said second election, except 
 in the district Avhere the men from Missouri 
 had, at said election, chosen the same persons 
 they had elected at the said first election, and 
 they admitted all of the said first-elected mem- 
 bers. 
 
 A Legislative Assembly, so created by mili- 
 tary force, by a foreign invasioh, in violation 
 of the organic law, was but a usurpation. No • 
 act of its own, 50 act or neglect of the Gov- 
 ernor, could legalize or sanctify it. Its own 
 decisions as to its own legality are, like its laws, 
 but the fruits of its own usurpation, which no 
 Governor could legitimate. 
 
 That Territorial Legislature passed the fol- 
 lowing law: 
 
 "Sec. 11. If any person print, write, intro- 
 duce into, publish, or circulate, or cause to be 
 brought into, printed, written, published, or 
 circulated, or shall knowingly aid or assist 
 in bringing into, printing, publishing, or cir-' 
 culating, within this Territory, any book, 
 paper, pamphlet, magazine, hand-bill, or cir- 
 cular, containing any statements, arguments, 
 opinions, sentiments, doctrines, advice, or in- 
 nuendo, calculated to promote a disorderly, 
 dangerous, or rebellious disaffection among 
 the slaves in this Territory, or to induce such 
 slaves V) escape from the service of their 
 masters (k to resist their authority, he shall 
 be guilty # '' felony, and be punished by im- 
 prisonmg/ ' hard labor for a term not 
 less ths 
 
 ""ree person, by speaking 
 
 or maintain that per- 
 
 to hold slaves in this 
 
 ^uce into this Terri- 
 
 circulate, or cause 
 
 'erritory, written, 
 
 ited, in this Ter- 
 
 -zine, pamphlet, 
 
 lial of the right 
 
 this Territory, 
 
 lilty of felony, 
 
 : at hard labor 
 
 -var,'' ' 
 
 / 
 
 %s^ 
 
>/ 
 
 .a jurov in the trial of any cause founded on a 
 jA' breacli of the foregoing law. They further 
 / provided, that all officers and attorneys should 
 be sworn not only to support the Constitution 
 of the United States, but also to support and 
 sustain the organic law of the Territory, and 
 tlie fugitive slave laws; and that any person 
 offering to vote shall be presumed to be en- 
 titled to vote until the contrary is shown; and 
 if any one, when required, shall refuse to take 
 oath to sustain the fugitive slave laws, he shall 
 not be permitted to vote. Although they 
 passed a law that none but an inhabitant, who 
 had paid a tax, should vote, vet they required 
 no ttme of residence necessary, and prt)vided for 
 the immediate payment of a poll-tax; so pro- 
 viding, in effect, that on the eve of an election 
 the people of a neighboring State could come 
 in, in unlimited numbers, and, by taking up a 
 residence of a day or an hour, pay a poll-tax, 
 and thus become legal voters, and then, after 
 voting, return to their own State. They thus, 
 )tf in practical effect, provided for the people of 
 ■n llissouri to control elections at their pleasure, 
 and permitted such only of the real inhabitants 
 of the Territory to vote as are friendly to the 
 holding of slaves. 
 
 They permitted no election of any of the 
 officers in the Tcrritoiy to be made by the peo- 
 ple thereof, but created the offices and filled 
 them, or appointed oflicers to fill them for long 
 periods, and provided that the next annual 
 election should be holden in October, 1856, 
 and the Assembly to meet in January, 1857; 
 so that none of these laws could be changed 
 until the lower House might be changed, in 
 1856; hut the Council, which is elected for 
 two years, could not be changed so as to allow 
 a change of the laws or officers until the ses- 
 Biou of 1858, however much the inhabitants 
 of the Territory might desire it. 
 
 These laws, made by an Assembly created 
 by a foreign force, are but a manifestation of 
 the spirit of oppression which was the parent 
 of the whole transaction. 
 
 They were obviously made to oppress and 
 drive out all who were inclined to tlie exclu- 
 sion of slavery'; and if they remained, to silence 
 them on this subject, and subject them to tlie 
 will and control of the people of Missouri. 
 These are the laws which the President says 
 must be enforced by the army and whole 
 power of this nation. 
 
 The people of Kansas, thus invaded, sub- 
 dued, oppressed, and insulted, seeing their 
 Territorial Government (such only in form) 
 perverted into an engine to crush them in the 
 dust, and to defeat and destroy the professed 
 object of their organic law, by depriving them 
 of the '■'■ perfect freedom" therein provided; and 
 finding no ground to hope fur rights in that 
 organization, they proceeded, under the guar- 
 antee of the United States Constitution, "peace- 
 ably to assemble to petition the Government 
 for the redress of (their) grievances." They 
 saw no earthly source of relief but in the 
 formation of a State Government by the peo- 
 
 ple, and the acceptance and ratification thereof 
 by Congress. 
 
 It is true that, in several instances in our 
 political history, the people of a Territory have 
 been authorized by an act of Congress to form 
 a State Constitution, and, after so doing, were 
 admitted by Congress. It is quite obvious 
 that no such authority could be given by the 
 act of the Territorial Government. That clear- 
 ly has no power to create another Government 
 paramount to itself. It is equally true that, in 
 numerous instances in our history, the people 
 of a Territory have, without any previous act 
 of Congress, proceeded to call a Convention 
 of the people by their delegates; have formed 
 a State Constitution, which has been adopted 
 by the people, and a State Legislature assem- 
 bled under it, and chosen Senators to Congres.s, 
 and then have presented said Constitution to 
 Congress, who has approved the same, and re- 
 ceived the Senators and members of Congress 
 who were chosen under it before Congress had 
 approved tiie same. Such was the case of 
 Tennessee; such was the case of Michigan, 
 wlicKe the people not only formed a State Con- 
 stitutiou without an act of Congress, and with- 
 out any act of the Territorial Government, but 
 they also put the State Government into full 
 operation, and superseded the Territorial Gov- 
 evrnment, and it was approved by Congress by 
 receiving it as a State. 
 
 This was then sustained in the Senate by 
 the present President Buchanan, who there 
 declared that any act of the Territorial Legis- 
 lature for the calling a Convention to form a 
 Constitution, would be an act of usurpation. 
 
 The people of Florida formed their Consti- 
 tution, without any act of Congress therefor, six 
 years before tbej- were admitted into the Union. 
 When the people of Arkansas were about form- 
 ing a State Constitution without a previous 
 act of Congress, in 1835, the Territorial Gov- 
 ernor applied to the President on the subject, 
 who referred the matter to the Attorney G'-n- 
 eral, and his opinion, as then expressed and 
 published, contained the following: 
 
 ''It is not in the power of the General As- 
 ' sembly of Arkansas to pass any law fyr the 
 ' pur])ose of electing members to a Conventiouy 
 ' to form a Constitution and State Government/- 
 ' nor to do any other act, directly or indirect!,^ 
 ' to create such Government. Every such lo/^, 
 ' even though it were approved by the VM- 
 ' ernor of the Territory, would be nulj'^and 
 ' void; if passed by them, notwithstandi-ig his 
 ' veto, by a vote of two-thirds of each /ranch, 
 ' it would still be equally void." / 
 
 He further decided that it was not/ebellious 
 or ins)irrectiouary, or even unlawful, for the 
 people peaceably to proceed, even without an 
 act of Congress, in forming a Constitution, and 
 that the so forming a State ^institution, arid 
 so far organizing under the same as to choose 
 the officers necessary for its representatip(n in 
 Congress, with a view to present the same to 
 Congress for admission, was a power which 
 fell clearly within the right of the people to 
 assemble and petition for redress. The peo- 
 
,\ 
 
 pie of Arkansas proaeoded -n-ithout an act of 
 Congress, and were received into the Union 
 accordinglJ^ If any rights were derived to 
 the people of Arkansas from the terms of the 
 French treaty of cession, they equally extended 
 to the people of Kansas, it being a part of the 
 samo cession. 
 
 In this view of the subject, the people as- 
 sembled at Topeka, in said Territory, by dele- 
 gates chosen in the several counties, in public 
 meetings assembled for that purpose, in Sep- 
 tember, 1855, who formed a Constitution which 
 Avas submitted to the people for their ratifica- 
 tion or rejection, and which wag duly ratified 
 by a large majority of all who thought proper 
 to vote, being, as we believe, a majority of all 
 the voters then in the Territory. 
 
 Unde« that Constitution an election of a 
 Governor and Legislature was made, and offi- 
 cers appointed, arid an organization made, for 
 the purpose of petitioning Congress for admis- 
 sion to the Union; and a memorial was made 
 and presented to Congress, with said Consti- 
 tution, for that purpose. 
 
 That memorial or petition for the admision 
 of Kansas as a State, under the Topeka Con- 
 stitution, formed as before stated, and so pre- 
 sented to Congress, though agreed to by the 
 House of Representatives, was rejected by the 
 Senate. The investigation, the evidence, and 
 the facts, as to the invasion and subjuga- 
 tion of Kansas at the Marcli election of 1855, 
 as presented by the committee of the House 
 of Representatives, appointed for such investi- 
 gations, fully discloses its enormity and out- 
 rage, as before stated, and shows that the in- 
 vasion extended to every election district but 
 one, yet the Senate entirely refrained from 
 investigation, and all redress for that people 
 failed. 
 
 No provision was made to correct the wrong, 
 and they were left to suffer under the oppres- 
 sion of the tyrannical laws and usurped power 
 of the unscrupulous minority Avhich force and 
 fraud had there installed in official position, 
 with the power and army of the United States 
 pledged to sustain them. Thus ended the ses- 
 sion of Congress in the summer of 1856. In 
 that summer this usurped power in Kansas 
 ^was exercised over the people there in the 
 tame spirit in which it originated, and, as 
 
 ' lifested in the laws before mentioned, to 
 dljAe the Free State people from the Territory, 
 an)|Anrevent their emigration thereto. Aided 
 by i\\ people in Missouri, who had first subju- 
 gatecMhe Territory, and by otliers like minded, 
 under Vretended color of the laws so made, 
 freedomw speech was crushed, printing presses 
 were destroyed, and pillage, conflagration, and 
 lpurde^•, spiad over the land. Every attempt 
 f*t self-defei^ce by the Free State people was 
 y(:(miii\mced " constructive treason," and large 
 nt^mbers were long imprisoned and guarded 
 by United States troops theref»r. 
 
 •Many of the people were compelled to flee, 
 and the Missouri river, the usual means of 
 access to the Territory, Avas blockaded, and 
 emigrants prevented ft-om proceeding; Thus 
 
 closed the gloomy autumn of 1856, and duriil 
 the succeeding winter a large part of the peo\ 
 pie were dependent for their necessary suppliesV 
 on the charitable ccJntributions of the people ^ 
 of distant States. In October, 1856, a Terri- 
 torial election for members of its House of 
 Representatives occurred; but persecuted, 
 scattered, and imprisoned, and the oppression 
 of the tyrannical statutes of test oaths and gag 
 laws continning, entirely deprived the Free 
 State people from any participation therein, 
 and so the usurpation continued. 
 
 The people who had formed the Topeka Con- 
 stitution for presentation to Congress, and 
 which thej' presented to Congress, not despair- 
 ing of the justice of their country, and yet 
 hoping that Congress might accept it, contin- 
 ued from time to tinje their provisional organ- 
 ization under the same, in order again to 
 present the same, and the same has again 
 been submitted to the people for ratification, " 
 and all invited to participate therein ; and the 
 same was again ratified by the majority of all 
 who thought proper to vote in August, 1857. 
 But no Government under the same has ever, 
 in any respect, been attempted to be put in 
 operation, or the same in any manner been 
 assorted against the existing ofiicers of the 
 United States, or its. laws, including that es- 
 tablisljiing Kansas Territory. It was, and ever 
 has been, preliminary and provisional, subject 
 to the action of Congress. It is indeed true 
 that a large part, and probably a large major- 
 ity, of that people were attached to that 
 Constitution, which they have repeatedly re- 
 quested Congress to accept, but that they have 
 ever attempted, in any act or spirit of rebel- 
 lion, forcibly to put in operation a Government 
 under it, is entirely untrue ; although indi- 
 vidual wishes or ultimate purposes to such an 
 end, on some possible contingencies, have, at 
 times, been expressed. It is, however, true 
 that the people have ever regarded the acts of 
 the Territoral legislation, so usurped as afore- 
 said, as utterly without legal force, and have 
 not held themselves bound in obedience there- 
 to ; and the same have been in effect generally 
 inoperative in the Territory, except so far as 
 enforced by United States troops. 
 
 In February, 185'7,the Territorial Legislature 
 passed a law for the election of a Convention 
 to form a Constitution for Kansas, as a State, 
 with a view to apply to Congress for admis- 
 sion. This was done without any act of Con- 
 gress for that purpese, Congress having re- 
 cently refused to pass such a lawj though 
 recommended by the President ; and the pro- 
 ceeding was therefore, though not unlawful, 
 in no way authoritative, and its result entitled 
 to the consideration of Congress only so far 
 as it was sanctioned by the votes and ex- 
 pressed the free will of the people of the 
 Territory, or a majority thereof, in a full elec- 
 tion, fairly conducted. Such a result could 
 not be ascertained but by subjecting the Con- 
 stitution to the full and unconditional vote of 
 the whole people, for ratification or rejection. 
 This is more especially true when conflicting 
 
I 
 
 / 
 
 6 
 
 opinions on the subject are well known 
 exist, as was the case with this Territory. 
 
 large part of the people, and, from what stib- 
 eequently occurred, it is apparent a large 
 majority of the people, did not participate ia 
 the election of these delegates ; and a stiffi- 
 cient reason for that course was found in these 
 considerations : 
 
 1st. The supervision and returns of the 
 election was in power of men appointed by a 
 Legislature in whose election a large part of 
 the people never participated, in whom, for 
 thi< cause, and from the manner in which they 
 conducted elections, they had no confidence. 
 
 2d. •The United States officers there, the 
 Governor and Secretary, had no control over 
 these judges of the election. 
 
 3d. The Territorial Legislature, in dircctiug 
 the election of delegates to the Convention, 
 had provided for the taking a census for the 
 apportionment of delegates, and making a 
 voting list in the several counties. This was, 
 by accident or design, very imperfectly done 
 in any county, and in almost one-half of the 
 counties, some of which were among the most 
 populous in the Territory, it was entirely 
 neglected, and therefore a large part of the 
 people were entirely prevented from acting. 
 
 4th. The people were often, repeatedly, ajid 
 officially assured by the Governor and Secre- 
 tary, whom they regard as the organs of the 
 General Government, that the Constitution, 
 when formed, must be and should be sub- 
 mitted unconditionally to the whole actual 
 resident people, for their ratification or rejec- 
 tion. Under these circumstances, relying on 
 these official assurances, they awaited quietly 
 that day, and promised opportunity to exer- 
 cise their acknowledged inalienable right to 
 vote on their own Constitution. The result 
 has shown this Avas an unreliable security, 
 for the Constitution, as formed by the Con- 
 vention, was by them never so submitted to 
 the people, but in the conditional and decep- 
 tive manner hereafter described. The Con- 
 vention, so elected, met in September, 1857, 
 at Lecompton, and adjourned until after the 
 Territorial election of a Legislature in Octo- 
 ber, 1857. 
 
 The mass, of the people of that Territory 
 have always placed confidence in the fidelity 
 and integrity of the Governors whom the 
 President has appointed, whenever the same 
 have been long enough in the Territory, from 
 personal acquaintance with its people and 
 condition, to become disabused of the delusion 
 in relation to them Avhich seems to be enter- 
 tained and cherished with so much pertinacity 
 by the dominant power in Washington. When 
 Governor Walker and acting Governor Stan- 
 ton had personally and clearly ascertained — 
 as Governor Reeder and Governor Geary had 
 done before them — that the great body of the 
 people, including most of its worthy and relia- 
 ble inhabitants of both political parties, truly 
 regarded themselves as oppressed and domi- 
 neered over by a small and unscrupulous 
 minority, inaugurat'ed by violence and perpet- 
 
 ai>d supported by 
 and that this great 
 
 uated by frnud, backed 
 United States dragoons, 
 
 body of the people had, with long forbearance, 
 waited for a fair opportunity peaceably, at 
 the ballot-box, to manifest their opinions and 
 their strength, and reclaim their rights, then 
 it was that they honestly resolved to endeavor 
 to give to that people such an opportunity, as 
 far as they were able. They proceeded indus- 
 triously arid faithfully to exhort the people to 
 participate in the election of a Territorial Leg- 
 islature in October, 1857, not under the Ter- 
 ritorial acts, but under the laws of Congress, 
 and gave the most authoritative assurances of 
 freedom and fairness. That people knew, 
 indeed, that the supervision and control of 
 the election was in the hands of officers never 
 appointed by them or the Governor, and not 
 under their control, and that they were subject 
 to being outvoted by voters, by such officers 
 admitted to vote, from Missouri, or by the 
 insertion of fictitious votes, or bj' false returns. 
 Unwilling, however, to be longer taunted from 
 abroad with the charge of cowardly or factious 
 inaction, and relying on the assurances of the 
 Governor, and their own well-known superi- 
 ority of numbers, they generally concluded to 
 proceed to the polls, and attempt once more 
 to exercise their rights under the laws of Con- 
 gress. And what does the result disclose ? 
 It shows that, notwithstanding many declined 
 to vote, lest thereby they should impliedly 
 recognise as lawful the existing usurpation, 
 over 11,000 votes were cast, and a Free State 
 Legislature elected. In the next place, the 
 result showed that all the apprehensions of 
 that people as to fraudulent voting and re- 
 turns, under the auspices of these judges of 
 the elections, were well founded. We are well 
 informed by Governor AValker and Secretary 
 Stanton, that votes to the amount of 1,600 in 
 one case, and over 1,000 in an«ther, came cer- 
 tified from precincts where, from personal ex- 
 amination, they found a limited population of 
 but a few hundred. A large part of these 
 votes were obviously fictitious ; and those re- 
 turns were set aside, being informally certified. 
 Had not this been done by the Governor, tb« 
 original usurpation would again have b^i 
 renewed and perpetuated by fraud. 
 
 The result of this election was regarded' '^y 
 all candid men there as settling the cont^'tion 
 of Kansas, and, accordingly, when the Con- 
 ventien assembled at Lecompton, on its ad- 
 journment, it was difficult to obtair even a 
 bare majority to constitute a quorum. A 
 majority of this quorum, but not of whole 
 elected delegates, proceeded witi the spirit 
 of desperation to defeat and evade the well- 
 known and clearly-expressed will of the peo- 
 ple, and, by ingenious devices and cunnjng 
 forms, to fasten upon them a State Cons^tu- 
 tion abhorrent to their feelings, and a^ the 
 same time redeem, in a delusive form only, 
 the pledges which had been given that it 
 should be submitted to the people. In order 
 to evade and frustrate the will of that people, 
 thus impose upon them a Constitution against « 
 
( 
 
 i 
 
 their consent, five, apparently certain legal 
 securities, -n-ere to be evaded or demolished. 
 1st. The Constitution with slavery must not 
 be submitted to the people in any such way 
 that a majority could reject it ; and yet it 
 must be submitted to them, to redeem pledges 
 and keep up appearances of fairness. 2d. The 
 conduct of Governor Walker having shown 
 that he would not prostitute his official duty 
 by aiding in the success of fictitious votes and 
 illegal returns, a course must be taken to 
 avoid any use of his official action. 3d. The 
 use of the legal officers for conducting the 
 elections and making returns must be avoided, 
 as they might be subjected to penalties if guilty 
 offraud, and possibly the new Territorial Legis- 
 lature might make appointment of honest men. 
 4th. In order to supersede the Legislature, so 
 recently elected by the people, and restore 
 power to the usurpation it had overcome, it 
 was necessary so to make the apportionment 
 of Representatives, under the proposed State 
 Government, as to overcome the actual Free 
 State majority, now well known to exist, and 
 keep the supervision of the election out of their 
 hands. 5th. To so arrange it as to render anj' 
 action of the new Legislature unavailable, and 
 to perpetuate the laws w;hich the long-continued 
 usurpation had adopted. 
 
 To effect these purposes, the Convention ad- 
 dressed themselves with unscrupulous inge- 
 nuity, and whether with success, it remains 
 for Congress to determine. 
 
 They framed a Constitution establishing sla- 
 very in two forms : First, for perpetuating in 
 slavery all slaves then in the Territory, and their 
 progenj"-, and prohibiting abolition. Second, al- 
 lowing their unlimited introduction with their 
 owners, for settlement. They then provided 
 for submitting this Constitution to the people, 
 professedly- for their approval or rejection, on 
 the 21st day of*December, 1857; but, in this 
 form onl}"-, that they might vote "the Cojisti- 
 tution witli slavery," or "the Constitution with 
 ^no slaverJ^" If the former had a majority, the 
 Constitution was adopted ; if the latter 
 jd a majority, it rejected only tha.t clause al- 
 ag the further importation of slaves. They 
 not allowed to vote against the Constitu- 
 so it was to be adopted, however objec- 
 3, and to be a slaveholdiug State in any 
 cveniv In this manner, the first object was to 
 be eff^ed. 
 
 TheyVovided that the election was to be 
 conductel and returns made, by men appointed 
 by the Prdddent of the Convention, (Calhoun,) 
 after the Convention had closed, and thereby 
 he out of ofBsje, and the returns to be made to 
 him. Thus was the Governor got rid of, and 
 tlie second object effected. 
 
 This mode of making and using supervisors, 
 or judges of election, unknown to law, secured 
 the third object. The provision by them that 
 such men should be subjected to prosecution 
 for frauds, &c., was an idle show of legislation, 
 entirely inoperative. To secure the fourth 
 purpose, the Convention based their apportion- 
 ment of Representatives in the State election, 
 
 to take pxace m January, 1858, upon the sam« 
 spurious, fraudulent, and fictitious votes so 
 returned and rejected in the late Territorial 
 election. To secure the fifth object, they pro- 
 vided that all laws then existing (not those 
 existing when the State should be admitted) 
 should remain in force until repealed by a 
 State Legislature, under the Constitution. 
 The great mass of the people, unwilling to bo 
 the dupes of such trickery, declined voting in 
 the manner proposed, on that Constitution, 
 December 21, 1857 ; and the Territorial Legis- 
 lature was assembled by the call of Acting 
 Governor Stanton. A vote was taken «n the 
 21st December, by the men appointed by Cal- 
 houn, who returned to him that there was cast 
 some 6,000 votes, adopting the Constitution 
 with slavery, as formed. What proportion of 
 these votes, or of those cast for the delegates, 
 were fraudulent and spurious, we have no cer- 
 tain means of determining, as the Senate has 
 declined instructing or authorizing the com- 
 mittee to obtain full information, or clothing 
 them with the means for that purpose. We 
 have, however, the authority of the presiding 
 officers of the two branches of the Legislature, 
 who were present at the counting of the votes' 
 on the Constitution, by invitation of said Cal- 
 houn, for saying that not more than two thou- 
 sand of these were cast by legal voters of the 
 Territory. 
 
 The Territorial Legislature, so assembled by 
 Acting Governor Stanton, passed an act pro- 
 viding that the people, on the 4th of January, 
 1858, should cast their votes on said Constitu- 
 tion, either for it with slaverj', for ii without 
 slavery, or against the Constitution. 
 
 That vote was taken, and the vote against 
 the Constitution was more than ten thousand 
 majority. 
 
 The Convention provided for the election of 
 State officers and a Legislature under the Con- 
 stitution on the 4th daj^ of January, 1858, but 
 it was to be conducted by the same men so 
 appointed by said Calhoun, and the returns 
 made to him. As to the vsting at this State 
 election, the Free State people were much di- 
 vided in opinion. A large num.ber declined to- 
 vote, as they feared the so doing would be un- 
 fairly insisted on by their opponents as a ratifi- 
 cation of the Constitution, to which they were 
 opposed. A part of the Free State people, who 
 had thus voted against the Constitution, ap- 
 prehending, more especially from what was 
 contained in the President's annual message, 
 that Congress might admit Kansas as a State, 
 and with this Constitution, even though con- 
 trary to the will of the majority of the people 
 tlieie; and unwilling, in that event, to leave 
 the State officers and Legislature in the hands 
 of the minority who framed and adopted that 
 Constitution, proceeded to vote at the election 
 of those State officers at the polls conducted 
 by the men so appointed by said Calhoun. 
 
 The returns of this election have been made 
 to said Calhoun, but, as the committee have 
 received no power to institute inquiry into the 
 true character of that election, we are unable 
 
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 (; ^'^y bow far the yrell-prepared arranfrements 
 •^uocfeasfui imposition have beeu earned into 
 
 - p^J'ion >>^iuipunity. 
 Testip"^-^^'^'^^"^ ^^'^^ disclosed by the in- 
 we fe- r'''^ before the Territorial Lejfislaturc, 
 tioijgi;! authoi-ized to believe that the prepara- 
 beer/ ^^ defeat the will of that people have 
 re.«/i extensively executed, an^ their ultimate 
 ]. ynilts depend on the action of said Calhoun, 
 A a capacity nuknown as a legal officer, and 
 in no way subject to a prosecution or impeach- 
 ment. That he will bo faithful to the ultimate 
 purposes for which he has so long and un- 
 scrupulously labored — that is, the making 
 of Kansas a permanent slaveholding State, 
 whether its people desire or not — we hav« 
 little reason to doubt, so far as ho can do it 
 with impunity. 
 
 The Territorial Government of Kansas wag 
 never organized as provided in its organic act — 
 that is, by its own people — but was usurped 
 by a foreign force, conquered, subdued by arms, 
 and a minority installed in power, which has 
 ever since been sustained by the General Gov- 
 enment, instead of being examined into and 
 corrected. This has been done and sustained 
 to establish and perpetuate slavery. 
 
 The Lecompton Constitution is tho result 
 
 of this proceeding, and is contrary to the will 
 of a great majority of that people, legally ex- 
 pressed; and the proceeding of Congress, at 
 its discretion, to consummate this protracted 
 atrocity, ami especially for such a purpose, is 
 a violation of the fundamental principle of 
 republican government, and can produce no 
 permanent repose or satisfaction. 
 
 The people of that Tei'ritory, in the late Ter- 
 ritorial election, have reclaimed their rights, 
 and that Territorial Government is for the first 
 time now moving peaceably on in its legiti- 
 mate sphere of promised freedom. 
 
 This Lecompton Constitution and its adop- 
 tion was concocted and executed to supersede 
 this triumph of justice. To admit it by Con- 
 gress, is but to give success to fraud and en- 
 couragement to iniquity; and to turn over that 
 people, not to an election fairly and legally 
 conducted, but to such State officers and legis- 
 ■lators as said Calhoun shall hereafter proclaim, 
 and on such contingency as he shall determine ; 
 and his long, mysterious, and inexcusable in- 
 decision and reserve, but encourages expecta- 
 tation in both parties, one of whjich is certainly 
 doomed to disappointment. 
 
 J. COLLAMEB. 
 
 B. F. Wadh. 
 
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