Vc^i ^SBBKBF l> GOVEENOR EOBINSON. ^rop' WASHINGTON, D. C. BUELL & BLANCHARD, PRINTERS. . 1856. ORGANIZATION FEEE STATE GOVERNMENT IN KANSAS. The Senators, Representatives and oiBcers elect of the popular Government, convened on Tuesday, the 4th inst., at Topeka, the tempo- rary capital of the State. Topeka is situated on the Kansas river, on a beautiful, gently- undulating prairie, 23 miles from Lawrence and about 60 from Fort Leavenworth. On Monday the "big guns" of the Free- State party were fired off with great effect in Constitution Hall — the room in which the Free-State Constitution was framed — at Frank- lin Pierce and . other creatures of the Slave Power at Washington city. Mr. Stephen Sparks of Easton — a member of the House and a leader in the fight in defence of the ballot- box on the 15th of January — was called to the chair and presided. Sparks is an honest, brave Indiana backwoodsman — a man who may be killed by the Ruffians, but will never be captured alive. He was once surrounded by fifteen armed and mounted Missourians who ordered him to surrender, but instead of complying he cocked his pistol at the leader of the party and told him to prepare to meet his — father, (Old Scratch) or keep a respectful distance. He was not arrested ! The meeting was addressed by Governor Robinson, Lieu- tenant-Governor Roberts, Colonel Lane and others. Governor "Rob." is a tall, strong, finely- proportioned man, with a large leonine head, inscrutible light-blue eyes, and an expression at once of gentleness and fearlessness. He is greatly beloved by the people here. Every one believes him to be a man of irreproachable integrity, thoroughly honest, moderate, firm and cautious. He is not a fluent orator ; his sentences are rather complex, at times, for a popular auditory ; his delivery, too, is not so graceful as it might be ; but notwithstanding this, he is the most effective speaker in the Territory. People know that he always ex- presses his opinions, not opinions that he be- lieves will be popular ; they know that he never talks for effect nor to increase his popu- larity, and therefore every suggestion he makes is listened to and considered with respect. The Governor gave the President's Special Message a merciless review ; he spoke of Pierce as honest men always speak of renegades and traitors. I have a synopsis of his speech, but suppress it, as nearly the same ideas are con- tained in his Message, which I inclose. Col. Lane reviewed the Special Message his- torically, using the same arguments and illus- trations that he advanced in the Constitutional Convention. He disproved almost every his- torical statement that Pierce advanced, and proved, by the Congressional debates on the Kansas-Nebraska bill, that an immediate State organization, instead of being a revolutionary movement, was not only supported by prece- dent, but contemplated by the framers and advocates of that act. Lane was in Congress at the passage of the Nebraska bill, and voted for it on the final ballot. Lane is a tall, thin, sharp-faced, very dark complexionedman, with little, deep-set, restless, black eyes ; he is usually dressed a la militaire, with his boots over his — excuse me — breeches, a red sash around his waist, a black cloak, and officer's cap. He is a beau ideal of the political in- triguer. He couldn't live twenty-four hours if he had not some scheme to carry through. He is a fluent speaker, but his tone betrays a want of earnestness, which is fatal to his ora- torical success before a reflective audience. He is a splendid officer. Every one admires him when on military duty, except the Border Ruffians, who fear him. Lieut.-Gov. Roberts is a prim, precise, se- date, old bachelor. He is from Pennsylvania. He has a mummy-like or stony face ; the whis- kers around it look as stiff as an iron fence ; and his voice is uncommonly hard, and dull, and lifeless. He is a National Democrat, of course ; has a thorough knowledge of Parlia- mentary Rules ; is profound in Old Hunker arguments and maxims, but won't set the Missouri river on fire, I am inclined to believe. There was a good deal of discussion, apart from the denunciation of Pierce & Co., as to the course the Assembly should pursue. No definite result was arrived at. The General Assembly convened in Consti- tion Hall, on the following morning. Col. Lane, as Chairman of the Executive Committee of Kansas Territory', called the Senate to or- der, and administered the oath of office to the Lieutenant-Governor. On assuming the Chair — by virtue of his office he is President of the Senate — Mr. Roberts expressed his gratitude to the people, for electing him ; promised faithfully to execute the duties devolving on him ; told the grave and reverend Senators that the eyes of all the American People were upon them ; and that "our infant Republic is this day born of tho popular will : an edifice if? founded on the true basis of popular sover- eignty, and if we are true to our interests, our success, under the smiles of Divine Providence, is secured.'" The oath was then administered to the mem- bers of the Senate, and the following officers elected : Asalph Allen, late of N. Y., Secretary; W. L. Brigden, Pcun., Assistant Secretary; J. M. Fuller, Mass., Sergeant-at-Arms ; Henry Stratton, Mass., Assistant Sergeant-at-Arms ; A. Martin, Ohio, Doorkeeper; John Mack, Mass., Assistant Doorkeeper; Jesse Crane, Penn., Messenger; F. Weudall, Mo., Assistant Messenger; J. F. Cummings. Penn., Tran- scribing Clerk ; J. C. Dunn, Maine, Assistant Transcribing Clerk ; Rev. F. Paul Sheppard, Chaplain. The immortal bogus Sheriff Jones, a tall, muscular, athletic loafer, with a cruel Mephis- tophelean expression, clad in the Border Ruf- fian costume — blue military overcoat, large boots, skull cap and cigar in mouth — was present at the organization, and amused him- self and the members both, by writing down the names of the Senators and Representatives as they took the oath of office. The Senate then adjourned. The House was organized immediately after the adjournment of the Senate. Mr. Minard, late of Iowa, wjis elected Speaker ; Joel K. Goodin, Ohio, Chief Clerk ; S. F. Tappan, Mass., Assistant Clerk; M.J.Mitchell, Mo., Sergeant-at-Arms; Jacob Branson, Mo., Door- keeper; J. G. Suodgrass, Ohio, Transcribing Clerk. Only one member elect was afraid to take the oath — he emigrated from the Border Ruffian section of Missouri. There were thirty-two Representatives and eleven Senators present. They are as intelli- gent a body of men as ever met in a Western Legislature. I saw the Border Ruffian "Ba- rons" of Kansas when at Pawnee city, and I assure you that the contrast between the Free- State and Pro-Slavery Legislatures of Kansas is very gratifying to my sympathies and com- plimentary to our creed. The Ruffians were drunkards, blasphemers and gamblers ; they were personally as ignorani and unpolished as their "acts" demonstrated they were unprin- cipled and violent. These Free-State men, on the contrary, arc intelligent, sober, decided yet liberal in creed. I wish 1 could get the daguerreotypes of both Assemblies and publish them in The Tribune. They would convert thousands of doughfaces to our party. S. F. Tajjpan, I am informed, is a nephew or grandson of Lewis Tappan, the leader of the political Abolition party. He is said to be the only Abolitionist in the Territory, Charles Stearns, of the Garrisonian school, excepted. INAUGURATION OF GOV. ROBINSON. Both Houses met in joint session at iive o'clock, to witness the inauguration of our popular Governor. A Committee was appointed to wait on him. As the Governor entered the Hall, the n)em- bers and spectators rose en masse and greeted him with three hearty cheers. The oath was administered. After taking it he said : Fellow Citizens of the General Assembly: It has pleased the people of Kansas to call us from our accustomed duties to discharge high and important trusts. In our keeping, for a brief period, is placed the Legislative and Executive power of the new State. To us the people look for wise and wholesome laws, and the faithful administration of the Govern- ment on the true principles of Republicanism and " Squatter Sovereignty." To the execu- tion of this trust it will be my pleasure, no less than my duty, to co-operate with you in all measures for the good of the people. Our position is peculiar, although the people of Kansas have followed precedents set them by other new States, sanctioned by Congress ; and the proceedings in the formation of a State Government are all regular, yet, for the first time in the history of our country, the Presi- dent and his appointees characterize the move- ments as treasonable. This was not to be ex- pected from the advocates of the Kansas-Ne- braska act, which professes to leave the people of the Territories "perfectly free to form and ' regulate their domestic institutions in their ' own way, subject only to the Constitution of 'the United States." Also some of the people of an adjoining State, unite with the President in opposing the people of Kansas in forming and regulating their own Government, and threaten our de- struction if we do not conform to their dicta- tion. Should the course indicated by the President and the people of another State be persisted in, and our rights again be trftmpled in the dust by official interference or lawless invasions, the people would be justified before the civilized world in asserting their rights by revolution; but since it is believed that Con- gress will grant to us the same rights and immunities that it has to other States — the people of Missouri and the Federal Executive to the contrary notwithstanding — it is better to suffer "while evils are sufierable, than at- ' tempt to right ourselves by a hasty resort to ' extreme measures." Our course as a people, thus far, has been distinguished for forbearance, long suffering and patience, and good policy would still dic- tate that everj" honorable effort be made to establish and cultivate friendly relations with our oppressors, especially with the people of our adjoining sister Strife. Nothing should be done in a spirit of retaliatioiL, but rather of conciliation. Although our own rights have been repeatedly invaded and wrested from us, let us show that we respect the Con- stitution and laws of our country and the rights of the people of the respective States, and that until forbearance ceases to be virtue and becomes cowardire, and the opi)rcssion becomes insufferable, we will over lie found loyal citi/-ens of the Government. "lmi)Ort;xnt questions will coine before you fiiv consideration, and i! cannot be oxiU'Cled th;it oerfei't U!;:lr'':1l:t^ •:■': '-rv'i' ;:;'■■ ;uiy ^' — '\ subject, yet it is desirable and neccssarj', with the v'arious elements of a Legislature in a new State, that a spirit of concession and harmony should characterise the members, that the enactments may carry with them a moral force that will cause them to be respected by the people. The position allotted us by the partiality of our fellow-citizens is one of great responsibili- ty, and we need that wisdom which comes from above so to direct us that we may render a good account of our actions to our coustituents and posterity. The Governor was M'armly applauded on concluding the Address and immediately with- drew. The other officers Avere sworn in. Mr. Schuyler, Secretary of State, is in the East. Major IClotz, of Pawnee, was appointed to fill his place. Mr. Speer, State Printer, was formerly a Whig editor in Ohio. He is the publisher of The Kansas Tribune — a name which is suffi- ciently explanatory of its politics. Mr. H. Miles Moore, Attorney General, a thick- set, dark-complexioned young man, of' short stature and with a bull-dog expression of countenance, is somewhat celebrated in Bor- der Ruffian annals. He resided at Weston, "the home of Bully-Ruffian Stringfellow, for several years, and was connected with The Weston Reporter, the organ of the Benton party in that District. His fearless denuncia- tions of the Ruffians, and his Free-Soil pro- cliA-ities, drew down upon him the indignation of Ihe nullifiers. They threatened to throw The Reporter into the Missouri river. He defied them, and said, in his journal, that if they attempted to execute their threat The Platte County Argus (Stringfellow's organ) would speedily follow it. This threat was effectual. The Ruffians did not molest him nor his paper either. Gen. Stringfellow then attempted to put him down. At a public meeting of the Platte County " Self-defence" Association, the Ruffian said, among other things, "that ever}' ' woman who did her own household work ' was no better than she should be ;" that the working-women had been whores I'rora the time of Abraham and would be to the end of the world. Moore denounced the Bully Ruf- fian for this assertion in his paper, and created great indignation against him. Siringf'ellow saw that he was beginning to stand on rather nncomfortable ground, and undertook to deny that he said so. Moore got several affidavits from the most respectable citizens of Weston to prove the truth of his assertion, and then publicly and personally branded Stringfellow as a coward and liar, and told him to resent the insult if he dared. "If j-ou've got any ' fight in you," said Moore, " I mean to get it ' out of you ; but I believe you dare not take ' me up — you ifre too arrant a coward." Stringfellow bore this insult with the most Christian or calf-like resignation ! Stringfellow, I may say here, was run out of Savannah, Missouri, some years since; and once had to sneak out of Weston when the boys there threatened to tar and feather him. Judge Wakefield, the Treasurer, is a jolly, kind-hearted old man, of great corporeal di- mensions, and is very popular with the Free- State men. They all regard him as a father. Of the Supreme Judges, two — Messrs. Con- way and Hunt — are young men. Mr. Latta of Leavenworth is of middle age. LJEGISLATURE— SECOND DAY. The proceedings in both Houses on Wednes- day were not of muclii interest or importance. As the Governor's Message is rather long, I shall introduce it and withdraw without fur- ther comments. GOVERNOR'S MESSAGE. Fellow- Citizens of the Senate and House of Re- presentatives : Having been chosen by the people to occupy the Executive Chair of the new State of Kan- sas, it becomes my duty, under the Constitu- tion, to communicate to the General Assembly the condition of the aflairs of the State, and recommend such measures as I shall deem ex- pedient for their action. While gratitude to the people for the confidence their suffrages evinced and for the honor bestowed will induce me to enlist all my energies in their service, inexperience in public life and a lack of ability and information will cause me to speak with difSdence upon the various subjects to which your attention will be invited. The organization of a new Government is always attended with more or less difficulty, and should, under the most favorable circum- stances, enlist the learning, judgment and prudence of the wisest men in all its depart- ments ; the most skillful workmanship is re- quisite, that each part of the complicated machinery may be adapted to its fellow, and that a harmonious whole, without jar or blemish, may be the result. lu Kansas es- pecially, ,is this a most delicate and difficult task. Our citizens are from every State in the Union, and from nearly every country on the globe, and their institutions, religion, educa- tion, habits, and tastes are as various as their origin. Also in our midst are several inde- pendent nations, and on our borders, both west and east, are outside invaders. In our mutual endeavors to set in motion a State government, we have a common chart for our guide — the Constitution. The duties of the General Assembly, as designated by this instrument, are : To provide for the encouragement of educa- tion and religion ; The registration of electors ; To provide for the I'eturns of elections ; For the election of officers ; For the filling of vacancies ; For the number of Senators and Represen- tatives ; For apportionment ; Against special legislation ; For publication of laws ; For taking the census ; For salaries of officers ; For Surveyor-General, State Geologists and Saperintendent of Common Schools ; For judicial districts and jurisdiction of Courts ; For Publication of Decisions of Supreme Court ; For Duties of Clerk and Reporter of Supreme Court ; For School Fund, University, Normal Schools, &c.; For State Asylums for Blind, Deaf, Insane, Idiots, and the Poor ; For Houses of Refuge for Juvenile Offenders ; For State General Hospital ; For Seat of Government and State House ; For Militia ; For Finance and Taxation ; For Counties, County, City and Town Officers ; For Commissioners to Arrange Rules of Practice in the Courts of Record ; For Bureau of Statistics and Encouragement of Agriculture; To Secure the Separate Property and Cus- tody of Children to Wife : For election of two United States Senators; For Banks and Banking ; For redemption of certificates of indebted- ness ; and for enforcement of the sixth section of the Bill of Rights. Also, the people, by a separate and direct vote, have instructed the Assembly to provide for the exclusion of free negroes. Education of the people, common school education, is the palladium of our liberties. Without this, free institutions cannot exist ; with it, tyranny and oppression must disap- pear. A thorough and efficient system of education is a better and cheaper corrective and preventive of poverty, degradation and crime than the poor-house, house of refuge or penitentiary. This subject will not fail to receive its full share of your attention. That the common school may be put on a perma- nent basis, the proceeds of the school lauds or other educational income should be carefully husbanded, till a fund shall accumulate amply sufficient to give every child in the State a liberal common school education. Second only to the Common School in im- portance, are the University and Normal Schools. For these, also, the Constitution suggests that you provide at an early day. Of the Public Charitable Institutions named in the Constitution, a General State Hospital calls most urgently for consideration. In a new country many must necessarily sufl'er from sickness and poverty, and in the present un- settled condition of the people, it is eminently proper that the State should provide for their relief. The subject of finances and taxation is one of primary importance iu every State, and particularly in a new one. Onerous taxes and large indtbtcdaess should be guarded against as far as possible ; and economy, without niggardly parsimony, should be the rule of action. For the present state of the finances, you are referred to the report of the Executive Committee. Exposed as our citizens are to the scalping- knife of the savage on the west, and to the revolver and hatchet of the assassin on the east, a thorough and early organization of the militia is urgently called for. By the Consti- tution, this duty devolves upon the General Assembly. Measures should at once be taken to encourage tho organization of volunteer companies, and to procure the arms to which the State is entitled. The disposition of the Public Lands is a matter for serious consideration. Under exist- ing laws they belong to the General Govern- ment, and are used as a source of revenue. The policy of such a use is at least questiona- ble. The amount received into the Treasury from the sale of public lands is inconsiderable — amounting in the aggregate to about $2,000- 000 annually. This sum, distributed among the States where the lands are situated, would aid essen- tially the cause of education, or the establish- ment of charitable institutions, but is entirely unnecessary in the already overflowing Trea^ sury of the General Government. Even as a matter of revenue, the Treasury gains nothing by selling the public domain to the people, for the principal revenue is derived from the. products of the soil, and these will be increased as the number of landholders increases, and in proportion to the capital invested in its cultivation. The $1 25 per acre 'laid out on the land will produce far more revenue to the Government in a few j'ears, than if deposited in the Treasury. The true policy for any Government is to give to every citi/.cn, who will cultivate it, a farm without price, and secure it to him for a permanent homestead. Especially should the citizen who deprives himself of the blessings of home, and civiliza- tion for a time, to reclaim the wilderness that it may be added to the Commonwealth, be allowed his land gratis. But if the land must be sold and the pro- ceed applied to defray expenses of Govern- ment, the State should be the recipient and not the General Government. Every new State must incur extraordinary expenses in setting its Government in motion. It has its public edifices. State house. Asylums, Peni- tentiary, Universities, School-houses, Rail- roads, &c., to construct, and limi'cd means at command. Should Congress in its wisdom, donate, as we have reason to believe it will, all the public lands of Kansas to the State, it will then be the duty of the Assembly to dis- pose of them. In such an event, by donating ICO aci'es as a homestead to each resident of five years, and allowing no one i>erson to pur- chase of the State more than IGO acres addi- tional, the State would become rajiidly settled, and at the same time secure a fuud fjjr educa- tional and other purj)0ses ecpia! to its neces- sities. The indiscriminate sale of intoxicating drinks in a State like Kansas, where are numerous Indian tribes, is productive of much mischief. Some tribes within our borders are still uncivilized, and indulge their appetites without restraint, while many of the other tribes are equally unfortunate. It is a duty we owe to the Indian that we not only culti- vate the most friendly intercourse, but that we protect him from injury ; and this subject should not be overlooked by the General Assembly. , . The use of intoxicating drinks as a beverage impairs the health, morals, good order and prosperity of any community, and the traffic in them is an unmitigated evil, and it is for the Legislature in its wisdom to adopt such measures as shall best secure the public welfare. It will be remembered that a skeleton of a government still exists in our midst, under the territorial form, and although this was but the foreshadowing of a new and better cove- nant, collision with it should be carefully | guarded against. A territorial government is transient in its nature, only waiting the action of the people to form a government of their j own. This action has been taken by the peo- | pie of Kansas, and it only remains for the | General Government to suspend its territorial appropriations, recall its officers and admit Kansas into the Union as a sovereign State. The reasons why the territorial government should be suspended and Kansas be admitted into the Union as a State, are various. In the first place, it is not a government of the people. The executive and judicial oflBcers are imposed upon the people by a distant power, and the ofiS- cers thus imposed are foreign to our soil, and are accountable, not to the people, but to an Ex- ecutive 2,000 miles distant. American citizens have for a long time been accustomed to govern themselves and to have a voice in the choice of their officers, but in a territorial govern- ment they not only have no voice in choosing some of their officers, but are deprived of a vote for the officer who appoints them. Again : Governments are instituted for the good and protection of the governed, but the Territorial Government of Kansas has been, and still is, an instrument of oppression and tyranny unequalled in the history of our Ee- public. The only officers that attempted to administer the laws impartially have been re- moved, and persons substituted who have aided in our subjugation. Such has been the conduct of the officers and the people of a neighboring State, either intentionally or otherwise, that Kansas to-day is without a single law enacted by the people of the Terri- tory. Not a m.an in the country will attempt to deny that every election had under the Ter- ritorial Goverinucnt was carried by armed in- vaders from an adjoining State, and for the purpose of enacting laws in opposition to the known wishes of the people. The Territorial Government should "be with- drawn because it is inoperative. The officers of the law permit all manner of outrages and crime to be perpetrated by the invaders and their friends with impunity, while the citizens proper are naturally law-abiding and order- lovina-. discosed lu'.h-.'r to futfcr tl'.un do wrong. Several of the most aggravated mur- ders on record have been committed, but as long as the murderers are on the side of the oppressors no notice is taken of them. Not one of the whole number has been brought to justice, and not one will be by the Territorial officers. While the marauders are thus in open violation of all law, nine-tenths of the people scorn to recognize as law the enactments of a foreign body of men, and would sooner lose their right arms than bring an action in one of their misnamed Courts. Americans can suffer death, but not dishonor, and sooner than the people will consent to recognize the edicts •of lawless invaders as laws, their blood will mingle with the waters of the Kansas and this Union be rolled together in civil strife. Not only is the Territorial Government the instrument of oppression and subjugation of the people, but under it there is no hope of relief. The organic act permits the Legislature to prescribe the qualification of voters, and the so-called Legislature has provided that no man shall vote in any election who ■will not bow the knee to the dark image of Slavery, and appointed officers for the term of four years to see that this provision is carried out. Thus nine-tenths of the citizens are disfran- chised and debarred from acting under the Territorial Government if they would. Even if allowed to vote, the Chief Executive of the country says he has no power to pro- tect the ballot-box from invaders, and if the people organize to protect themselves, his ap- pointees intimate that the.y must be disarmed and put down ; hence, whether allowed to vote or not, there is no opportunity for the people of the Territory to rule under the pre- sent Territorial Government. Indeed, the laws are so made and construed that the citi- zens of a neighboring State are legal voters in Kansas, and of course no United States force can be brought against them. They arc- by law entitled to invade us and control our elections. According to the Organic Act the people' have a right to elect a Legislature, and that. Legislature has a right to make laws, establish Courts, and do everything but choose their Executive and Supreme Judicial officers. If they have the right to do the one, they un- doubtedly should have the right to do the other". The principle of Squatter Sovereignty, upon which this act is said>to be based, knows no distinction between the power to legislate and the power to adjudicate or • execute. If the right of one Department of Government is inherent in the people, so is the other. On this subject there is high authoritj-. General Cass, in the Senate, said : '■ The Government ' of the United States is one of limited authori- ' ty, vested with no powers not expressly ' granted or not necessary to the proper execu- ' tion of such as are." " There is no provision in the Constitution ' granting any powers of legislation over the 'Territory or other property of the L'nited • States, except .inch as relates to it.'; regula- 'tion and disno-^itioii. Political jnrisdietioii 8 ' is entirely withheld, nor is there any just ■ implication which can supply this defect of ' original aijthority." ■ Again he says, " I shall vote for the entire • interdiction of all Federal action over this • .cenenil cinestion, under any circumstances 'that may occur.'' But the Executive and Judiciarj" of Kansas are the creatures of the I'Y'deral Government and under its control, and the Governor has a negative legislative power equal to two-thirds of both branches of the Legislature, leaving to the people of the Territory only one-third of one of the three departments of Government, and to the General Government all of two departments, and two-thirds of the other. Also, he says, ' • Leave the people who will ■ be effected by this question (Slavery), to ad- • just it upon their own responsibility and in ■ their own manner, and we shall render an- • other tribute to the original principles of our • Government, and furnish another guarantee 'for its permanency and prosperity." But 'now can this or any other question be adjusted by the people, while ruled by a foreign Execu- tive and Judiciary ? Mr. Douglas says, " I have always held that ■ the people have a right to settle these ques- • tions as they choose, not only when they ■ come into the Union as a State, but that they ■ should be permitted to do so while a Terri- •tory." If the people have this right, then (he Federal Government has no right to inter- fere with it, and the people of Kansas have a right to demand that the present Territorial Government of Kansas be withdrawn, and that they be allowed to choose all their officers. Mr. Hcnn of Iowa, in Congress, said: "I ■ would that Congress would recognize the ' doctrine of ' Squatter Sovereignty' in its • length and breadth ; that the citizen, where- ' ever he may settle, if on American soil, shall ■ have all the rights and privileges' of citizen- • ship, and be consulted by executives as well • as by representatives. This would be right. • This would be simple justice. It is a doc- ■ trine that was broadly asserted, and with ■ Srmncss maintained, by the Fathers of our • Republic." lu the organic act of the Territory, sec. 14, is the following : "It being the true intent and ■ meaning of this Act not to legislate Slavery • into any Territory or State, nor to exclude ■ it tlierefrom, hut to leave the people thereof ' perfectly free to form and regulate their domes- • tic institutions in their own way, subject only ■ to the Constitution o^ the United States." But how can this "intent" be carried out with an Executive and Judiciary, and two- thirds of the Legislative power in opposition to the v.-ill of the people, and with an over- wlielraing invasion at every election by per- mission of these officers? In the President's Annual Message to Con- gress, for the current year, he says': "In the • counsels of Congress there was manifested ' extreme antagonism of opinion and action ' between some representatives who sought, by the abusive and unconstitutional employ- ' ment of the legislative powers of the Govern- 'ment, to interfere in the condition of inchoate 'States, and to impose their own social theories ' upon the latter ; and other representatives, ' who repelled the interposition of the General ' Government in this respect, and maintained 'the self-constituted rights of the States." ' In truth, the thing attempted was, in form ' alone, the action of the Gener^al Government, ' while in reality it was the endeavor, by abuse ' of legislative power, to force the ideas of ' internal policy, entertained by particular ' States, upon allied independent States. Once ' more the Constitution and the Union tri- ' umphed signally. The new Territories were ' organized without restrictions on the dis- ' puted point, and were thus left to judge in ' that particular for themselves." If it would have been "abuse of legislative power' ' for Congress to ' ' force the ideas of in- ternal policy entertained by particular States" upon Kansas, by what reason does he justify the Executive in the exercise of that power? That the officials of his appointment are to- day endeavoring to do this very thing against the sentiment of a large majority' of the people, cannot admit of a doubt. Again he says : " The measure of its repeal ' (Missouri Compromise) was the final con- ' summation and complete recognition of the ' principle that no portion of the United States ' shall undertake, through the assumption of ' the powers of the General Government, to ' dictate the social institutions of any other ' portion." The people of Kansas have reason to feel that the ' ' complete recognition' ' of the prin- ciple, unless carried into practice, is of no avail to them, and that the recognition of this principle by Congress, while the opposite is acted upon by the E.xecutive, would be simple mockery. Once more : "If the friends of the Consti- ' tution are to have another struggle, its ene- ' mies could not present a more acceptable issue ' than that of a State, whose Constitution clear- 'ly embraces a Republican form of Govern- ' ment, being excluded from the Union because ' its domestic institutions may not in all re- ' spects comport with the ideas of what is wise 'and expedient, entertained in some other 'State." " If a new State, formed from the ' Territory of the United States, be absolutely ' excluded from admission therein, that fact, ' of itself, constitutes the disruption of union ' between it and the other States. But the 'process of dissolution could not stop there. ' Would not a sectional decision, producing ' such result by a majority of votes, either ' Northern or Southern, of necessity, drive ' out the oppressed and aggrieved minority, ' and place in presence of each other two irre- ' concilably hostile confederations ?' ' Thus it will be seen by the highest Demo- cratic authority in the country, that the people of Kansas have a right to demand the removal of the present oppressive Territorial Govern- ment, and also that they be admitted into the Union as .an equal and independent State. Knowing that one great party in Congress, with the President at its head, was in principle committed to our defence, and believing that many from the other parties would, if not from principle, as an act of justice, be induced to look upon us with fiiror, we had a right to anticipate a speedy termination of our present thraldom. However, owing to an apparent misunderstanding of the Constitutional move- ment in Kansas, the President intimates, in a special message, that Congress must interfere and make the people undo what, with great care and expense, they have so well done. This message, as it refers exclusively to Kan- sas, should receive some attention from the General Assembly. Kansas men — "squatter sovereignty" men — cannot fail to be some- what surprised at its purport. It is somewhat belligerent in its tone, threatening to bring against the people of Kansas the army and navy of the United States, and, should this force be inadequate to the task, the militia of the several States is to be brought into requi- sition to compel the people to submit to what they do not recognize as laws, and to laws, according to his own showing, the people of Missouri, with the aid of the Executive which he appointed, have enacted. But it is to be hoped that by the time his forces are raised and marched into the Territory he will find, like his Excellency Governor Shannon, that the people are not so deserving of annihilation as he had supposed. The President gives the details of the inva- sion of Kansas and the Governor's connec- tion therewith, and does not deny that the so-called Territorial Legislature was elected by the people of Missouri ; but because the Gov- ernor, his appointee, chose to grant certiticates of election to a majority of persons elected by the people of a neighboring State, therefore their laws are binding upon the people. To strengthen this argument, he might have ac- cused the Governor of still further complicity with the invaders, and have said that, although this Territory is hundreds of miles in ex- tent, and the people were politically unor- ganized, yet he gave them but four days in which to contest the election, and would not extend the time one hour ; for it is said that a protest arrived at 1 o'clock on the morning of the fifth day, which, had it been regarded, would have changed five seats in the Legisla- ture ; but it was too late by one hour fuid could not be received. The argument of the President may be good against any objection to the acts of the iiegis- lature on his part, as in the first place he re- fused to protect the ballot-box from fraud, and in the second place, so far as Ifty in his power, his appointee legalized it, but is it good against the people? The organic act provides for a Legislature to be elected from and by the voters ; and a voter is to be " an actual resident of said Ter- ritory," and if any other set of men, either with or without the sanction of the Execu- tive, claim to be the Legislature, are the peo- ple bound to regard them, as such? .\lso, this act says, '• It is the true intent and mean- ' ing of this act to leave the people of the ' Territory perfectly free to form and regulate ' their domestic institutions in their own way, ' subject to the Constitution of the United ' States' ' — 7iot subject to the people of Missouri, or the Executive, or both of them together. How can the true intent of this law be carried out by a Legislature elected as was that on the 30th March last? Yet that Legislature, elected from and by the people of a neighbor- ing State, have assumed to pass laws for the people of Kansas, and also to " Legislate Slave- ry into the Territory," which Congress itself professed not to have the right to do ; and these are the so-called laws that the President says must be enforced, even though it require all the Army and^avy of the United States and the militia orahe several States. Undoubt- edly one-half of this force will be all-sufBcient to enable him to enforce any process, or to chop, shoot and hang all the inhabitants. But all the armies and navies in the world could not make the people believe he had a right to do it, or that the enactments of that Border Legislatui'e were binding upon the people of Kansas. If Squatter Sovereignty means simply that Congress has no right to interfere with the affairs of a Territory, but that the Executive and the people of another State have, then most certainly that doctrine will be very unpopular in Kansas. Other reasons might be given to show that no legal Legislature have ever passed laws in Kansas besides the above, or the removal of the sittings from Pawnee to the Shawnee Mis- sion, which is on the Shaw^lee Reserve, as it is underslood, and can, consequently, "con- stitute no part of the Territory of Kansas." The organic act provides that " the persons ' having the highest number of legal votes in ' each district for members of the Council (or 'House of Representatives) shall be declared ' by the Governor to be duly elected." From his decision there is no appeal, according to the act, yet nine persons declared to be duly elected by the Governor, were ejected hj the Legislature and others admitted. But one person, it is believed, was duly elected by the legal voters of the Territory, and he resigned his seat, regarding the whole body illegal. His seat was filled without an election, and by the Legislature ; hence, probably not one of the members of the body could have received the suffrages of the legal voters ia the districts they pretended to represent. It is the enactments of such a body of men that the army, navy and militia of the country are to enforce upon a people who were told they should be "free to form and regulate their domestic institutions in their own way" — a body of men elected by a neighboring State, who did not sit at the seat of govern- ment, as required ; who dids,\i at the Shawnee Jlission, understood to form no part of the Territory of Kansas; who turned out nine of its legally elected members and received in their stead nine persons not legally elected ; who filled a vacancy by appcintment, and not 10 by election of the voters of the district, &c., to say nothing of the Draconian character of the enactments. The President says: "the constitutional ' means of relieving the people of unjust ad- ' ministration and laws by a change of public ' agents, and by repeal, are ample." This is usually the case, and ought always be so ; but the case of Kansas is an exception. The Ad- ministration of Kansas has its head at Wash- ington, and we have not so much as a vote in favor of its continuance or removal, while the repeal of any laws, under present arrange- ments, by the people, is out of the question, as the Legislature has disfranchised a large majority of tlicm. No man in favor of a change or repeal of certain laws can vote under our new order of things, anrL consequently, no peaceable way of establishing a Govern- ment of the people is left but to form a State Constitution and ask for admission into the Union. This has been done, but the Presi- dent objects to our Constitution, and calls the movement for a State Government revolution- ary, and intimates that the forces of the Union must, if necessary, be brought against it, al- though he admits that it was not revolution- ary for other Territories to do precisely what we have done, as California, Michigan, and others. His reason is that the Constitution of Kansas w^as formed by a party and not by the whole people. What are the facts? A bill calling for a convention for the formation of a State Constitution is said to have passed throiigh one House of the Jlission Legislature, and was defeated in the other only because thej' feared the result would be a Free State. In July and August a paper was circulated for the signatures of all such persons as were desirous of forming a State Government, and between 1,000 and 2,000 persons signed it. August 15th a general mass meeting of citi- zens, irrespective of party, was held at Law- rence, pursuant to public call signed "many citizens," "to take into consideration the ' propriety of calling a Territorial Delegate ' Convention, preliminary to the formation of a State Government and other subjects of 'public interest." At this meeting all par- ties participated, and the following preamble and resolution were adopted, with but one dissenting voice, and that was an acknow- ledged disunion Abolitionist, the only one of that party at the meeting. Whereas, The people of Kansas Territory have been, since its settlement, and now are, without any law-making power ; therefore, be it Resolved, That we, the people of Kansas, in mass meeting assembled, irrespective of party distinctions, influenced by a common necessi- ty, and greatly desirous of promoting the common good, do hereby call upon and re- quest all honajidc citizens of Kansas Territory, of whatever political views or predilections, to consult together in their respective election districts, and, in Mass Convention or other- wise, elect three Delegates for each Rcpresen- lative to which such dl- ••■•■( ■-- ;ntit,led in the House of Representatives of the Legislative Assembly, by proclamation of Gov. Reeder oi date March 10, 1855 ; said Delegates to assem- ble in Convention at the Town of Topeka on the 19th day of September, 1855, then and there to consider and determine upon all sub- jects of public interest, &nd. particularly upon that having reference to the speedy formation of a State Constitution, with an intention of an immediate application to be admitted as a State into the Union of the "United States of America." This was the first public action taken by the people in their sovereign capacity upon this subject, and all parties and sects participated. The next action was at a party convention held at Big Springs on the 5th and 6th of Sep- tember. A Committee on State Organization was appointed, and made the following re- port : "Your Committee, after considering the propriety of taking preliminary steps to fram- ing a constitution, and applying for admission as a State into the Union, beg leave to report that, under the present circumstances, they deem the movement untimely and inexpe- dient." The following was offered as a substitute for the report : ^^ Resolved, That this Convention, in view of its recent repudiation of the Acts of the so- called Kansas Legislative Assembly, respond most heartily to the call made by the People's Convention, of the 15th ult., for a Delegate Convention of the people of Kansas Territory, to be held at Topeka, on the 19th inst., to consider the propriety of the formation of a State Constitution and such other matters as may legitimately come before it." This in substance was agreed to. Thus it appears that this party Convention simply approved of the action of the Citizens' Convention at Lawrence, and let the matter rest. A Delegate Convention, irrespective of party was held at Topeka on the 10th and 20th of September, agreeably to the call of the Mass Convention of the 15th of August, and the following preamble and resolution were unani- mously adopted : " Whereas, The Constitution of the United States guarantees to the people of tliis Repub- lic the right of assembling "together in a peacea- ble feianner for their common good, to estab- lish justice, insure domestic tranquillity, pro- vide for the common defence, jiromote tlie general welfare, and secure the blessings of liberty to themselves and their posterity ; and whereas the citizens of Kansas Territory were prevented from electing members of a Legisla- tive Assembly, in pursuance of a proclamation of Gov. Reeder, on the 30th of March last, by invading forces from foreign States coming into the Territory and forcing upon the peo- ple a Legislature of non-residents and others, inimical to the interests of the people of Kan- sas Territory, defeating the object of the or- ganic act, in consequence of which the Terri- torial Government became a perfect failure, 11 and the people were left without any legal g-ovcrnment until their patience has become exhausted, and ' endurance ceases to he a vir- tue;' and they are compelled to resort to the only remedy left — that of forming a govern- ment for themselves ; therefore, "Resolved, by the people of Kansas Territo- ry, in delegate Convention assembled, That an election shall be held in the several election precincts of this Territory, on the second Tues- day of October next, under the regulations and restrictions hereinafter imposed, for the members of a Convention to form a Constitu- tion, adopt a Bill of Rights for the people of Kansas, and take all needful measures for or- ganizing a State Government, preparatory to the admission of Kansas into the Union as a State." At this Convention a Territorial Executive Committee vras appointed, and that Commit- tee, in accordance with the instructions of the Convention, issued a proclamation commenc- ing as follows : ' ' To the legal voters of Kansas : "Whereas, The Territorial Government, as now constituted, for Kansas has proved a feil- ure — squatter sovereignty under its workings a miserable delusion — in proof of which it is only necessary to refer to our past history and our present deplorable condition — our ballot- boxes have been taken possession of by bands of armed men from foreign States — our people forcibly driven therefrom — persons attempted to be foisted upon us as members of a so-called Legislature, unacquainted with our wants and hostile to our best interests — some of them never residents of our Territory — misnamed laws passed — and now attempted to be en- forced by the aid of citizens of foreign States, of the most oppressive, tyrannical and insult- ing character — the right of suffrage taken from as — debarred from the privilege of a voice in the election of even the most insignificant officers — the right of free speech stilled — the muzzling of the press attempted ; and where- as, longer forbearance with such oppression has ceased to be a virtue ; and whereas, the people of this countrj' have heretofore exer- cised the right of changing their form of Gov- ernment when it became oppressive, and have, at all times, conceded this right to the people in this and all other Governments ; and where- as, a Territorial form of government is un- known to the Constitution, and is the mere creature of necessity, awaiting the action of the people ; and whereas, the debasing char- acter of the slavery which now involves us impels us to action, and leaves us the only legal and peaceful alternative, the immediate establishment of a State Government ; and Vr'hereas, the Organic act fixils in pointing out the course to be adopted in an emergency like ours ; therefore, you are requested to meet at your several precincts in said Territory here- inafter mentioned, on the second Tuesday of October next, it being the ninth day of said month, and then and there cast your ballots for members of a Convention, to meet at To- peka on the fourth Tuesdaj' of October next, to form a Constitution, adopt a Bill of Rights for the people of Kansas, and take all needful measures for organizing a State Government preparatory to the admission of Kansas into the Union as a State." On the fourth Tuesday of October, the Con- stitutional Convention assembled at Topeka, and drafted a Constitution which was submit- ted to the people on the 15th of December, and by them approved, by a very large majority — men of all parties voting. Such, in brief, is the history of the Consti- tutional movement in Kansas, and if this is a party movement, it is difficult to see in what way a Constitution can bo framed and adopted not open to this charge. If the people, or any portion of them, failed to participate, it was their own fault, and not the fault of those who were active. Democrats, Ilards and Softs, Whigs, Hunkers and Liberals, Republicans, Pro-Slavery and Anti-Slavery men of all shades participated in the formation of the State Government, and if it be a party move- ment at all, it certainly cannot be a movement of one party alone. In a Republican Govern- ment, the majority has no power to compel the minority to vote on any question ; neither has the minority a right to object to the action of the majority, because they did not choose to act with them. The President says : "No principle of pub- ' lie law, no practice or precedent under the ' Constitution of the United States, no rule of 'reason, right or common sense, confers any 'such power as that now claimed by a mere ' party in the Territory. In fact, what has ' been done is of a revolutionary character. 'It will become treasonable insurrection if it ' reach the length of organized resistance by ' force to the fundamental or any other federal ' law, and to the authority of the General ' Government." " No principle of public law ?" What is the principle of squatter sovereignty, then? "No precedent?" What did llichigan, Cali- fornia and other new States do ? "No rule of reason, right or common sense?" Is popular sovereignty unreasonable, unjust and nonsen- sical? Suppose the ^.)flr^?/ comprise an over- whelming raajorit}' of the people, what then? James Christian, Esq., a very honorable and high-minded Pro-Slavery gentleman, writes to a friend iu Kentucky as follows : " I believe ' I informed you before that I have been ap- ' pointed Clerk of this (Douglas) county under' ' the Territorial Legislature, but we are in such ' a horrible state of confusion in regard to the ' laws that it don't pay anything. The Free- ' Soilers are in a large majority in the Terri- ' tory, and they are determined to pay no re- 'gard to the laws; consequently they will not 'sue nor have recording done; so my office ' is only in name. It is the same all over the ' Territory." According to the President, this "large majority" can have no rights, because they happen to think alike on a certain subject, or belong to the same "party." It was formei'ly .a principle of democracy that the majority — 12 "especially large majorities" — should rule: but times must have changed. If this "large majority," persist ia setting in motion a State Government, it will be •' treasonable." It was not so, however, in Mich- igan, California and other States. But the peo- ple of Kansas do not propose to reach the point of "organized resistance by force to the 'fundamental or any other federal law, and to ' the authority of the General Government," unless our State, "whose constitution clearly ' embraces a republican form of Government, ' is excluded from the Union because its do- 'mestic institutions may not, in all respects, 'comport with the ideas of what is wise and 'expedient, entertained in some other State." If our SLate "be absolutely excluded from •admission therein, that fact of itself {may) 'constitutes the disruption of union between ' it and the other States. But the process of •dissolution could not stop there," and we should have the Chief Executive on our side iu such an event. But no such result is to be anticipated. When the President fully under- stands our case, he can do no less than with- draw his I'ecommendation for an enabling act to form another constitution, and Congress will admit us without delay. Also, we have confidence that no attempt will be made by the Federal authorities to en- force the enactments of a foreign Legislature upon the people of Kansas. Mr. Christian, the Pro-Slavery Clerk of Douglas County, says the people of Missouri came into the Ter- ritory on the 30th of March last, "bearing 'with them their peculiar institutions — bowie ' knives, pistols and whiskey — to the amount ' of five or six thousand, carried the election • by storm, and elected every Pro-Slavery can- ' didate that was in the field, by overwhelming 'majorities, thus securing every member of ' Council and House of Representatives, in 'some instances driving from their seats the 'Judges appointed by the Governor, and ' placing Judges from their own number in ' their stead, who paid no regard to the instruc- ' tions of the Executive, &c." It cannot be that the President, after per- mitting the people of another State to take from the legal voters their constitutional and organic rights, will add to the outrage by compelling the people of Kansas to submit to their authority and obey their enactments. It is bad enough to be deprived of the right to make laws for ourselves, but it is worse to be compelled to submit to the laws of those who have deprived us of that right. Although there has been, and there will be, no organized resistance to the self-styled Territorial Legis- lature, yet nine men out of every ten spurn it with contempt as a gross outrage upon Ameri- can citizens, and it is highly proper for the General Assembly to memorialize Congress upon the subject, as well as with reference to the admission of the State in the Union. The President apologizes for the frequent invasions of Kansas on the ground that some Northern people talked about the repeal of the Missouri Compromise, and subjects con- nected with the extension of negro bondage, and because an Emigrant Aid Association had been formed. The people of this country have been in the habit of talking about the affairs of Govern- ment ever since the Mayflower discharged her cargo on Plymouth Rock, but this is the first time that it had been considered an apology for thejnvasion of a distant State or Territory. If the people of Kansas were accountable for the loquacity of the North or the silence of the South, the case might be different. Emigrant Aid Associations are nothing new in the United States. When California w-as first opened to settlement the same kind of associations were formed, with only this dif- ference : in one case, each party had an agent of its own for the purpose of procuring tickets, arranging details, &c.; while in the other, all the parties have a common agent. There is, however, connected with the Aid Society for Kansas emigrants, a stock company for the purpose of erecting mills, hotels, otc, in the new country ; but the agent of this society will purchase tickets for a slaveholder as soon as for a Free State man, and the investments are for the benefit of all settlers alike. No questions are asked, and no distinctions are made. Had the President visited "Western Missouri before any Aid Society had been formed at the East, lae might have found a secret, oath- bound Association, pledged to make of Kansas a Slave State — peaceably if they could, forcibly if they must. This Society has been in active operation since its inception, and now threa- tens to deluge Kansas with the blood of Amer- ican citizens for the crime of preferring a Free to a Slave State. Also, it is only necessary to read a few Southern journals to see accounts in differ- ent parts of the South, not of Emigrant Aid Societies, but of Emigrant Buying or Hiring Societies, which do not simply procure tickets for the emigrant at cost, irresjiective of party or condition, but which pay the fare and ex- penses of the right kind of emigrants, and support them iu Kansas one year, more or less. , However it may be, the " King can do no wrong," although it may be wrong for the common people to do as the King does. The people of Kansas will not object to Aid Societies whether North or South, so long as they treat all parties alike. Emigrants from all parts of the country are received with a hearty welcome, and the investment of capital. Avhether Eastern or Western, Northern or Southern, is greatly needed. The settlers of Kansas have suffered seven' losses and injury from repeated invasions from a nieghboring State, and it is highly proper that Congress be memorialized upon this sub- ject. Especially should the General Govern- ment repair the injury it has inflicted. All the invasions have been permitted by the offi- cers of the Government, without any opposi- tion, while at least one was invited by them. It is the duty of the Federal Government to protect infant territories in their rights, but 13 Kansas has not only not been protected, but it has been actually oppressed by those whose duty it was to defend it. It is unjust to any community to send among them oflticers with Government patronage, whose political sentiments are opposed to the sentiments of the people, particularly when those officers mount the stump and shoulder the ritie for the purpose of crushing out all who differ from them. Some of the Federal officers of Kansas are charged with undigni- lied conduct, and one of them, at least, with high crimes, and it is the duty of the Legisla- ture to m.emoralize the President, that our citizens may be protected in their lives and inalienable rights, and from unwari'antable interference of officials in the management of their internal affairs. It is manifestly im- proper for the Federal officers to dictate into or out of Kansas an institution over which Con- gress professed to have no authority. It is understood that the Deputy Marshal has private instructions to arrest the members of the Legislature and the State officers for treason as soon as this address is received by you. In such an event of course, no resistance vnW be offered to the officer. Men who are readr to defend their own and their country's honor with their lives, can never object to a legal investigation into their ac- tion, nor to suffer any punishment their con- duct may merit. We should be unworthy the constituency we represent did we shrink from martyrdom on the scaffold or at the stake should duty require it. Should the blood of Collins and Dow, of Barber and Brown, be insufficient to quench the thirst of the Presi- dent and his accomplices in the hollow mockery of " Squatter Sovereignty" they are practisiu"- upon the people of Kansas, then more victims must be furnished. Let what will come, not a finger should be raised against the Federal authority until there shall be no hope of re- lief but in revolution. The task imposed upon us is a difficult one> but with mutual co-operation, and a firm re- liance on His wisdom who makes " the wrath of men praise him," we may hope to inaugu- rate a Government that shall not be unworthy of the country and the age in which we live C. ROBINSON. Topeha, March 4, 1856. LIBRARY OF CONGRESS 016 088 978