Newspaper Page Text
TIjVHES & SEHSTTHSTEL
■IOUJMBPS, GEORGIA.
TUESDAY MORNING, FEB 9, 1858.
The Enquirer and Times* Sentinel.
With this caption the Enquirer of the 2d inst. contains
an article which it denominates a'reply to us. So far as we
can understand, it denies but one proposition we had there
totbreadvaaced- It will be remembered that in our issue
ol the 28;b ult.we attempted to show that il Congress re
fused the application for admission ot Kansas with the Le
compton constitution, it would be because that constitu
tion tolerated slavery. We asserted the legitimacy and
logical necessity of this conclusion, if we proved that, in
the formation of this constitution,.the ordinary, regular, au
thorized and legal means only were employed. To our
own satisfaction, at least, we demonstrated, that lact. In
the course of proof, we did not give “the history of the
troubles and bloodshed ol Kansas.” We did rehearse the
several regular steps by which she had attempted to dost
her swaddling clothes and put on the robe of sovereignty.
This involved us in the “recapulation of a thrice told tale”
but certainly, more than our neighbor, we regretted the
necessity of its use in argument before a southern auditor.
In refutation of a position which we honestly supposed the
Enquirer to assume, we endeavored to show that tbe con
vention elected by the people of Kansas, charged with the
formation of a Constitution, had lull authority to submitit
back to the people for ratification or not, as they might
choose.
We repeat, we do not find in the article before us the re
probation or denial of one ot the above positions. There is
therefore, no longer but one issue between us. This can
be stated best by quoting from our neighbor
‘ But says the Times, ‘the casting a second vote on the
constitution on the 4th inst., was a solemn farce and whol
ly illegal.’ This is a summary way to remove an objection
and answer an argument. The vote on the 4th instant
wasauthoiized by the same power which authorized the
Lecomption con-tituiion, and, if that vote was illegal, it
follows of course, that the Lecomption constitution is ille
gal,” for, (the Enquirer should have added) if the legisla
ture had the right to do one thing, it had the right to do ev
erything-
We confess we have no organs to comprehend the rea
soning upon which such a .position is based. We object
both to the premises and the conclusion. As an abstract
proposition it is not true that a legislature may disannul, at
will, whatever it may do, or authorize to be done. But
the. Legislature of Kansas never authorized (in the sense in
which we understand our neighbor to employ the term) the
Lecompton convention. The people of the territory deci
ded at the ballot box that they would elect a convention
to form a State Constitution. The legislature had nothing
to do with’the convention, except to ask the people whe
ther they would have one, and, in obedience to Iheir af
firmative decision, appoint a time for the election of dele
gates. With this action terminated their connection with
the subject matter and the question passed from them. The
people elected the delegates and clothed them with au
thority. If, as we contend, (and we understand the Enqui
rer now to admit) this authority was plenary, of course,
neither the legislature nor any other power could interfere
with their act on. A contrary position would create an an ■
omalous conflict of jurisdictions,and involveja contradiction
informs. If the legislature could disregard the action of
the convention in one particular, there is no reason why
it might not in another. If in defiance of the convention
it could resubmit the constitution to a vote, the same pow
er would give it authority to change the form or substance
of the instrument itself. Nay, it could nullify and abolish
it altogether. It could do neither unless its authority were
supreme, and either it could do upon that hypothesis.—
From these conclusions we know our neighbor will shrink
—but he cannot escape the logical consequences of his po
sition. The doctrine he asserts is certainly broad enough,
to cover all such cases.
The Lecompton constitution is suprema lex in Kansas
to-day- It was in full force at the time the‘‘solemn farce”
was enacted. Any action by the Legislature in contra
vention *f its provisions would have been unconstitutional
and null; a fortiori, any action contemplating its utter
abolition was void. The actors in this “solemn farce”
themselves proclaimed the validity of the constitution, and
the absurdity ol their own position in voting for a repre
sentation in Congress, members of the State Legislature
and State officers on the 4th ult. For the purpose of ef
fecting a State organization, the Convention provided lor
this election, and in the exercise of the liberty which that
provision conferred, these ruffians attempted to organize a
State government, and with the same ballot voted to reject
the constitution under which alone they had authority to
organize. Certainly here is the climax ol nonsense.
We will not pursue this subject further than to ask our
neighbor if we are immodest in claiming the conclusion
that “the casting a second vote on thedth inst. (ult.,) was a
solemn farce and vholly illegal,” Finally, to give in
brief, our opinion of the Enquirer’s position, we conclude
from his reply to us, that on one point he differs with Mr-
Douglas, on another with Mr. Wise, on another with Mr.
Buchanan, on the question we have discussed above he
differs with us, but that he mill not advocate a dissolution
of the Union for any action Congress may take in regard
to Kansas or anything else.
Synopsis of the I'resident’siMessage.
We give below an interesting abstract of the President’s
Message which accompanied the transmission of the Le
compton Constitution to Congress. We hope in our next
issue to spread the message in full befote our readers.
Washington, Feb. 2.—The Message of the President,
accompanying the Lecompton Constitution, was read be
fore Congress to-day.
The President says great delusion prevails about the con
dition of parties in Kansas. He recapitulates the history
of past affairs—pronounces the Topeka governments usur
pation—and declares it impossible that any people could
have proceeded with more regularity than the people of
Kansas in the formation of the Lecompton Constitution.—
The convention of June last was a propitious moment to
settle all difficulties in the Territory, but the Topekailes
suffered the elections to go by default, hence they have no
right to complain.
The Lecompton Convention was legally constituted and
invested with power to frame a Constitution, which it did,
and submitted the question to the people of Kansas, wheth
er Kansas should be a free or a slave State.
The President believes that under the organic act the
Convention was bound to submit this all important ques
tion to the people. And they did so, and again the To
p -kaites refused to participate in the elections.
At the election for State officers, on the 4th of January,
a wiser spirit prevailed, and the vote was much larger.—
The people ol Kansas have, therefore, in strict conformity
with the organic act, framed a Constitution tor their State
government, and submitted the slavery question to the peo
ple—elected their State officers—and now ask admission
into the Union under this Constitution.
The President is decidedly in favor of the admission of
Kansas, thus terminating the excitement of the Kansas
question by localizing its distracting influences.
Asa question of expediency even, Kansas should be ad
mitted ; inasmuch as it would restore quiet to the Union
and prosperity to the Territory and to the people of Kan
sas.
1 he only practical difference between its admission and
rejection is, whether they can more speedily change their
present Constitution, or frame a second one to be submit
ted to Congress.
It should never be forgotten that in proportion to the in
significance of the slave question, as affecting the tew thou
sand inhabitants of Kansas, the fourteen slave States will
feel the rejection of the Constitution keenly. When Kan
sas is admitted, the excitement becomes localized and read
ily cools off and the troops can be withdrawn.
The President concludes by declaring as his conscientious
belief that the dark clouds now over the Union can be
dispelled by the admission of Kansas under the Lecompton
Constitution, or darkened by its rejection.
The Alabama Legislature.
The Confederation of yesterday says that Monday next
has been fixed, by joint resolution, for the adjournment of
the Alabama Legislature. As the time draws near, howev
er, we think the Members begin to see that they will have
to “crowd the mourners” considerably to get through the
business before them in the time specified. On enquiry we
learn there is a large mass of bills to be acted on, many of
which must be left undisposed of if the adjournment takes
place on Monday. Still the members seem anxious to
return to their families and constituents, and we hardly
think the adjournment will be postponed, eveu if important
matters aresubjected to the go bye.
Direct Trade to Europe. —We are gratified says the
Norfolk Argus, to announce that the mission of the Hon’
Wm. Balia and Preston, in behalf of the Virginia and Wes
tern Railroads, has been successful.
Mr. Preston has succeeded in making arrangements with
the Paris and Orleans Railroad Company to run fourstea
mers between the ports of Orleans, France, and Norfolk,
Virginia.
Our readers will find in anotherhiolumn the proceedings
of the called meeting of Stockholders of the Girard and
Mobile Railroad, the object of which, as stated in the call
was to define the powers of the pre-ident, and to deter
mine the question of location of the route down the Con
ecuh Valley. We were unable to be present during the
whole of the discussion, and hence, take the liberty of us
ing the report given by our cotemponrry the Sun.
Senator Mason’s Report.
We have before us the report of the Senate Committee
on Foreign Relatione,on the President’s special message
in reference to the capture of Gen. Walker by Comodore
Paulding on the soil of Nicaragua. Its length prevents us
from spreading it in full before our readers, and it we were
asked to give a summary of its contents, we should sim
ply transcribe the document which the committee had un
der consideration. The report conforms in manner and
matter so closely to the message, that it may well be styl
ed an amplification of the President’s brief. Both con
tain errors ol fact and law which we hope,: tor the credit
of the country, will not receive the ratification of the Uni
ted States Senate. The Committee say that “the preten
sion set up by Walker himself after he landed, that he was
there as commander in chief of the army of Nicaragua, the
committee do not consider as worthy „ot serious criticism.
Whatever right or authority he may once have had, or
supposed himself to have had, in the republic of Nicaragua
were at au”end more than 12 months before when he sur
rendered whatever authority he held and left the country.
The system ol dialectics employed by the committee is not
anew one, and furnishes the most compendious method ol
treating a subject. They decline to argue a question which
constitutes the very gist of tiie controversy, hut they take
it for granted, because il could not be proved, and construct
their argument as though it were freely admitted or com
pletely established. It is obvious that they place their ex
cuse for Comodore Paulding’s conduct on the ground that
Gen. Walker was an outlaw, and had no rights in Nicar
agua This is the ground upon which Paulding justifies
himself, and the committee virtually,if they do not express
ly, endorse this judgment in saying they do not consider
Walker’s claim of authority “wortiiy ol serious criticism.”
This material fact, then, they modestly take for granted.
We will test the truth of this assumption by the testimony
of history. In the year 1856, General Walker, in the exer
cise of the admitted right of expatriation, renounced his cit
izenship in this country and became a citizen of Nicara
gua. On the 12th day of July in that year, he was inaug
urated President of that Republic. It is immaterial to the
argument how he became so. It the people chose to ten
der him the office, he . had a right to accept it At all
events, this government is estopped from questioning his
legitimacy. At the time of his installation, two parties
were contending for pow-er in the State. Civil war exist
ed. Walker's government vyas recognized by our own, and
his minister received at Washington- His election did not
compose the faotions. The war was prosecuted with va
rious success, and before its termination, in the very heart
of its progress, our government took sides with the other
party, and against his solemn protest, laid its heavy hand
upon General Walker and removed him to the United
States. In this they inflicted upon him a great wrong—a
wrong for which, were he in power, he could rightfully
claim and obtain redress—a wrong for which, weak though
he be, the stern and solemn voice of justice demands repa
ration.
Now, how does this fact affect the argument of the
committee? We will interweave it with the paragraph we
have quoted and observe its mischief. “Whatever right Os
authority he may once have had, or supposed himself to
have had, in the republic of Nicaragua, (we forcibly wres
ted from him and) were at an end more than twevlemonths
before, when he surrendered (to the power of the United
States) whatever authority he held and left the country.”—
Therefore, “the preiension set up by Walker himself, after
he landed, that he was there as Commander-in-Chief of
the army of Nicaragua, the committee (assuming this vio
lation of his liberty to be just or taking advantage of our
own wrong) do not consider „as worthy ot serious criti
cism.” The great error of the President and of the com
mittee consists in not taking the question in its inception,
but plunging at the outset in mediae res. Forgetting, or
lather passing over, in contemptuous silence, the facts and
occurrences precedent to ihe last expedition, upon which
alone the justice of Walker’s cause is based, they proceed
to consider the question presented by his capture only as it
affects Comodore Paulding and hia government. Thus the
committee resolve the whole Nicaraguan difficulty into the
question whether Pauldingexceedod his instructions, and
if he did, whether he should receive rebuke or commenda
tion. Upon the first question, they are ivery explicit, but,
to save us,we cannot tell whether they intend to visit praise
or, censure upon “the loffending Comodore; for they
conclude with this resolution:
“Resolved, That the place where General William
Walker and his followers were ariested, being
without the jurisdiction ol the United States, their arrest
was without warrant of law, but in view of the eircum
stances attending it, and its result, iu taking away from the
territory of a State, in amity with the United States, Ame
rican citizens who were there with a hostile intent, it may
not call for further censure than, as it might hereafter be
drawn into precedent, if suffered to ‘pass without remark.’
Now, we would be as poorly employed in criticising the
principle embraced in this resolution, as the grammat
ical propriety of the language in which it is attempted to
be concealed. The manifest implication from it is that they
really approve this particular violation of the law, hut de
plore itsconsequences.it unrebuked, for it might be “drawn
into precedent” and lead to similar violations. Verily we
could offer no greater insult to the intelligence and moral
sense of our readers than by attempiing to expose the ab
surdity and immorality of such a position.
But the committee cannot thus contract the question at
their option. They do not present the iquestion between
General Walker and this government, or between this gov
ernment and the people. That question is raised by the
fact that Walker while claiming the rights of president of
the Republic of Nicaragua, (or if you please) the leader of
a faction there, was, without his against his sol
emn protest, in violation of his natural rights and the law
of nations, forcibly wrenched from his position and his
country. Here is a practical comm entary by he govern
ment itself upon the doctrine of neutrality .which the Pre
sident and committee commend to the people with such
earnest emphasis. Certainly here was an occasion for its
exercise It was our duty to ourselves to protect Nicar
agua from interference by other powers—to cry “hands
off” to the rest of the world. It was our duty to her to take
part, ourselves, with neither faction. But we preferred a
different course and Walker’s cause suffered by the choice.
We believe this act has never found an apologist. It wa„
wrong, if anything which a government may do, can corne
under that denomination. Having committed the deed—
having perfected the injury, as a just and courageous peo
ple, we should have given him redress. How was this to
be done? Obviously only by restitution. We should have
advanced General Walker to the position whence we re
moved him. That redress is worthless which seeks not to
repair the injury. It would fbe tardy justice, indeed, but
even now. this is the only rational escape—the only egress
from the labyrinth of nonsense and contradiction in which
we are involved.
To this policy the faction opposed to Walker could
bavo taken no exception ; tor we would have given him
■v strength in placing him where he would have been
■ our interference. But, let them “rant and mouth”
as much as they might, it were better, far better to offend
them than Walker’s party when, in so doing, we were at
tempting to make reparation for a grievous wrong. How
ever, this was not done, Walker was#brought to the Uni
ted States No charge was preferred against him—no jus
tification of the act was attempted—no redress for the in
jury was offered. He remained here more than twelve
months. During that time he undisguisedly declared in
his speeches to the people, in interviews with the president
and members of his cabinet, hisintention to return to Nic
aragua and reinstate himself in the position whence he had
been so injustifiably forced. In pursuance of this intention,
on th® 14th of November last, he left the port of Mobile
in the steamer Fashion. Immediately our keen falcons—
those canvass-winged ministers of vengeance, whose of
fice, hitherto, has been to guard our coast, protect our
commerce, uphold the honor of our flag and defend the
just and the right, are despatched on the unholy mission of
capturing the man whom we had, already, so deeply
wronged- Bat this peril is past. The voyage is accom
plished Walker effects a landing on the soil of his adop
ted home, and over his little band—the-nucleus of a future
empire, streams the Nicaraguan flag. He sees the vessels
ol the United States floating about the harbor, but this fact
excites no alarm. Perhaps, in connection with the remem
brance of his foimer capture it animates his hope. He re
collects that our government, after having recognised him
as the head of the Nicaraguan,republic, laid its hand up
on him and overthrew his power; now, mutatis mutandis,
having recognized, as the de facto government the other
faction, may he not hope that the time for compensation
has arrived—that we will depose this party and reinstate
him. Such a course would have had, at least, the merit
of consistency—Alas, a fatal confidence! The “gallant”
Paulding directs a hundred guns upon the little band—
Walker is foreed to surrender, and loaded with epithets
known only to the vocabulary of infamy, he is brought
back to this country as a criminal, charged with a violation
of the laws for which the federal authorities refuse to de
tain him, and to which a grand inquest of the country gives
an emphatic denial Such are the facts upon which the
Senate of the United States are asked to vote the resolu
tion we have quoted. We hope tnere is within that body a
respect tor law, a regard forjustice, a love ol honor which
will stamp it with the seal of reprobation and drive it cow-
the Senate Chamber. If, however, it should pass
that body, we have yet to learn the character of our coun
trymen if it does not meet the withering rebuke and indig
nant scowl of an insulted people.
A lady,complaining how rapidly time stole away
said : “Alas !I am near thirty.” Scarron. who was
present, and knew her age, said : “Do not fret at it
madam, for you will get further from that fright
ful epoch every day.”
The President’s Message.
We lay before our readers to-day the President’s tfifik
sage, which, together with the Lecompton coustitutidh;
was transmitted to Congress on the 2d inst. The Preli
dent pronounces and demonstrates the action ot the To 1 -
pekailes, firstand last, to be rebellious and revolutionary;
he gives a plain, chronological recital ot the various steps
by which the law and order party in the territory have pro
ceeded to the formation of a constitution and, the organi
zation of a State (government, and recommends the ad
mission of Kansas with that constitution as a matter of
justice to her law-abiding citizens—as a restorative ot quiet
and prosperity to her people, and for the sake of peace and
harmony to the Union- To this recommendation the
unanimous voice of the South will respond amen! It will
encounter the bitter opposition of the Black Republican
parly, and of some of those who have .hitherto acted with
the South. The hostility of the former was to be expect
ed; the'delection of the latter has increased to an extent
we could not anticipate. The democracy of Wisconsin,
Ohio and New Hampshire, have given way on this ques
tion, and requested their representatives in Congress to vi
olate their fealty to the ancient faith, and make terms with
their former enemies. How far they may conform to
these instructions or will shortly determine.—
Meanwhile it is the duty of the guardians ofSouthern hon
or and interests in Congress, to plant themselves firmly by
the-side ol the President, and insist upon the uncondition
al admission of Kansas with the Lecompton constitution.
r s hey should demand it not as a measure of expediency
but as a matter of justice and us right, and as a condition
of Southern allegiance to the Union. Let no craven fear
of consequences shake them from this rock. Let no re
gard lor maintaining the integrity of the national democ
racy induce them to recede one inch from this position.—
We have hitherto considered the democratic party as an
instrumentality for the protection and preservation of our
rights—an engine of power for the defence and security of
Southern interests. If the instrument fails to accomplish
this object; if the engine cannot move except by reverse
action—by working backwards, overriding and trampling
the rights and interests it was expected to advance, we say
slop the machinery—throw it off the track—do anything to
avoid such a result. The northern Democracy have now
the fate of the Union in their hands; If they remain true to
their political creed, all is safe. If however, they give
back, if without the nerve to withstand the current of abo
lition sentiment in their section, they surrender and are
whirled away in the turbid stream, the dissolution of this
government is inevitable. Till then we’ll put our trust in
God and “keep our powder dry.”
Marine Bank.
The following gentlemen weie elected Directors of the
Marine Bank ol Georgia, at a meeting held in Savannah,
on the first this month:
Charles F. Mills, George Hall, Noah B. Knapp, Ed
ward Paddleford, Aaron Champion,Noble A. Hardee, and
Francis T- Willis.
At a meeting of the Board held on Tuesday last, Chas
F. Mills was unanimously re-elected President-
From Kansas.
We take the following Kansas items from the Wash
ington Union:
“Gen. Clarkson arrived in this city from Kansas Terri
tory last evening, with the Lecompton constitution, which
being addressed to the President, was immidiately placed
in his possession.
General Clarkson informs us that the vote of the Dela
ware Grossing precinct had been returned to the commis
sioner for Leavenworth county, and was in his possession
at the time the returns were opened and counted in presence
of the speaker of the House, president of the Senate, and
Governor, and that it amounts to something over three
hundred votes. This gives the democrats a majority in
Leavenworth county, and consequently a “majority in both
branches of the Legislature.
We are also informed that the free State vote, said to
have been rejected by General Calhoun because it was re
turned to Gov. Denver, had not been returned at the time
the aforesaid opening t and counting took place. It was
cast at tne free State polls held, under authonthy of the
territorml legislature, for the vote on the constitution, and
that alone, and was not returned even to the Governor un
til the next day after the counting, but before the publica
tion of the result by the speaker and president, and was em
braced by them in their aggregate. Hence it is claimed
that all the free State officers have been elected.
General Calhoun will be here in a few days when he will
doubtless furnish complete returns.
General Scott.
The N“w York Post has learned from unquestionable
authority that General Scott is not to go out to California
to organize the military movement against the Mormons.
On Wednesday, Adjutant General Irwin McDowell,wrote
to the Pacific ’Steam-hip Company, countermanding the
order engaging his passage.
The Mexican Mission.
We see a statement around, of which no one
claims paternity, to the effect that, onr Minister to Mexi
ico, Mr. Forsyth, has been recalled. Upon good authority
we state that such is not the fact. Mr. Forsyth will re
turn to the United States, but upon leave of absence, and
not to be displaced by Mr. Appleton or Mr. anvb ody-else.
Yellow Fever at Havana.
The following extract lrorn a private letter, dated Janu
ary 15th, gives a sad account of the sickness in Havana.
“Your package for the Sonora D. arrived too late; she
was dead and buried! Her illness was short, only four
days; her disease, this dreadful [lever which our physicians
acknowledge they do not understand, Every day we are
called to weep over the fresh grave of some dear friend.—
Besides this strange fever we have vomito and small pox,
both very fatal. 1 rejoice every day that you did not come
this winter. The heat is as intense as in August. Let none
of your friends come here.”
From other sources the New York Express learns that
this “strange fever”is the African fever, which some
what resembles the yellow fever, but is more fatal. Even
the Creoles, as in the case of Sonora D. are dying out.
Spain in Heroics.
Spain sends us across the ocean the most insolent defi
ance, in terms ofthe haughtiest contempt No redress
will be allowed for the wrong offered to our flag and peo
ple in the case of the Eldorado or anything else; and if
Spain had the formal pledges ot France arid England to
sustain her, she could not frame her refusal in more arro
gant language. It is idle to evade or disguise the sact —
Spain intends to defy and insult the United States. She
deems and styles us a mercenary tribe o! traders, a race of
peddling Jews, who, in the often repeated language of her
court journals,“think only of gaiu, and have no sense of
honor or morality to make us hesitate at the vilest means
to acquire it.”
Latest from Pinna.
Canton to be Attacked.— The latest dates from Hong
Kong, China, are to the 15th of November, 1857. The
American steam frigate San* Jacinto had arrived on the
10th of that month from Woosung, The Minnesota arri
ved nut on the 4th of November.
Mr- Reed, the new American commissioner to China
was received very cordially by the authorities and people
ot Hong Kong, and he had been called upon by Lord Eg
lin, Sir John Bowring, Admiral Seymour, and other digni
taries. Numerous military honors have been showered up
on him.
A correspondent of the New York Times furnishes us
with the following concerning „the contemplated military
operations against Canton:
We are again on the eve of another struggle. After so
long a delay active operations are once more to be com
menced. On the 17th of this month the tragedy which
was enacted about one year since is ito be again brought
on the stage in splendid style. Canton is to ,be bombard
ed on the 17th, prior to the taking it by the combined
English and French. Numerous and immense mines have
been laid in the city by the Chinese tor the destruction of
assailants, to avoid the effects of the explosion of which
Admiral Seymourhas determined to subject the city to a
severe bombardment previous to entering it. The French
are going to co-operate actively and freely with the Eng
lish in this matter.
They will land a force of about 1300 men at Canton
All the available force of the allies will fassist at the at
tack. Lord Eglin has been ‘up the river to take a final
survey of the river, city and fleet before the commence
ment of hostilities. The Chinese have about 14,000 troops
inside the city, and some 50,000 in the suburbs and imme
diate vicinity of the city, who are employed fighting the
rebels, who are near Canton at this time.
One day later from Europe.— The Europa arriv
ed at New York on the 4th; her news has been antici
pated by the Canada. Demand for cotton had slightly
improved, and holders were firm. Sales 7,000 bales
on Saturday 16th, 3,000 to speculators.
Capital Going Begging. —lt is slated that one of the
Banks of Boston offered to loan another Bank on the 15th
inst. at the rate of five per cent, but the offer was refused.
The Boston banks now hold in deposits seventeen and a
quarter millions of dollars, an increase of several millions
within a month or two. The amount of specie in the Bos
ton banks on the 16th was $5,901,800, an increase of s3u3-
100 from the previous day,
N kBRAsKA-*=-A division has occurred in the Legisla
ture of Nebraska Territory. A majority of the members
of both houses have removed to Florence, leaving the mi
nority at Omaha city in possession of the Territorial re
cords and Legislative journal. It is said that a proposi
tion to remove the Territorial capital was under consider
ation when a mob of Omahas, as a letter styles tbe citi
zens ol the present capital, burst into the hall, dragged the
Speaker from his desk, and charged upon the members
w ith bowie knife and pistol. The next morning an ad
journment to Florence was voted by a majority of two to
one. The minority, said to be seven men in all, remained
in Omaha.
The Irisarri Treaty—The Transit Route —By tbe ar
rival of the Steamship Moses ‘ Taylor at New York, we
learn that the New.ireaty made between the United States
Government and Senor Irisarri had reached Nicaragua,but
action upon it would be delayed until the arrival of tbe new
American, English and French Ministers. It was suppos
ed that this treaty would not be ratified until’ some of its
provisions were amended. The arrival of Walker at San
Juan del Norte had hurried Nicaragua aud Costa Rica in
arranging their differences, and making anew treaty of
peace and boundaries, by which the territory of Guana
caste, so long in dispute between the two governments, is
definitely ceded to Costa Rica, which thus obtains a joint
jurisdiction ovei the San Juan river. In case the contract
made by Senor Irisarri with the Interoceanic Canal Com
pany should fall through, no new contract is to be tpade
by Nicaragua without consulting the other Central Amer
ican governments. Mr. Allen, a son-in-law of Comodore
Vanderbuilt, in behalf of the old transit company had en
tered a protest agaiost this contract, General Lamar, our
new Minister to Central America, had left Aspinwall for
San Juan del Norte.
A Young Mechanic Starved to Death. —We mentioned
a few days ago the death of a great grand daughter of a
revolutionary hero from starvation, in Albany, N. Y. The
Chicago Union brings us an account of the death [from the
same cause of a young machinist of that city, named Abra
ham Perry, of good character and intelligence, and who
left a wile and three children! For ten days he had mana
ged to furnish his family food, but ate none himself or very
little. Everything in the house had been pawned. His
landlady demanded his rent. Mr. Perry left his cheerless
home to get money by some means, but being exhausted
and sick at heart, was found dead in the streets! ‘Doubtless
on the same gloomy night, on which a young mechanic
willing to work, died F of starvation, a thousand persons
could have been assembled in Chicago to hear Fred Dou
glass discourse on the sufferings of the slave. What a nice
thing is philanthropy—at a distance!
Largest Church in I the United States. — Ihe African
ohurch in Richmond Va has long been the largest church
in this country, though it is now second iu point of num
bers, to the church in Beaufort, S. C., of which Rev. J. C.
M. Breaker is pastor. This clergyman writes to the Ex
aminer. “I have baptised 565 persons in the fellowship of
the Baptist Church at Beaufort, during the year 1857, all
of whom are colored but eight; and this makes the pres
ent number of its membership 3,511, probably the largest
church in the world. Os these 180 are whites, all the rest
are colored.”
High Prices of Negroes —The Huntsville Democrat
says that thirty nine negroes sold, on Monday last, as the
properly of Samuel J Ragland, at public outcry for $31,-
427 an average of SBOS 82. Terms cash, or 12 months*
bills with interest added. Three bales cotton sold on the
same account, for 51 cents per pound. Negro boys and
girls from 14 to 21 years old brought from SIOOO to SI4OO.
An excellent brick rna on 47 years old, with his wife, a
lew years younger,sold for„s33lo. Other small lots of
negroes sold in about the same proportion.
Interesting Decision. —The American Express Compa
ny was entrusted with $7,500 by Marshal If Illsley, of Mil
waukie, to deliver at the State Bank in Madison, Wiscon
sin. The Express Company made a tender of the money
after banking hours, but it was refused. During the night
the express sale was robbed ot iis contents, including the
$7,500. Suit was brought by Marshall If Illsey to recover
the money of the Express Company, who held that once
having made a tender of the money, they were no longer
responsible for it as common carriers, and that they kept it
over night as a mere matter of accommodation to plaintiffs.
The jury returned a verdict in favor of the Express Com
pany.
Division among ‘the L Mormons. —The Leavenworth
City Ledger of the 18th ult., says that three young men,
Henry Baker, James Smith aud Alexander Francis arrived
thereon Thursday alternoon, the 7th, direct from Fort
Bridger. They came the whole distance, twelve hundred
miles,on foot, and accomplished the whole in forty five
days. They report that the day they left six Mormons
came into camp, and reported that the Mormons were in a
state of civil war, Brigham Young and about one Phalf de
siring to march against the troops,the other half being in
favor ot the troops coming into Salt Lake and establish
ing a military government, and overthrowing the present
powers that be.
Wholesale Annexation. —Mr. Campbell, of Ohio, in
the United States 11.. use ol Representatives recently, asked
leave to introduce a bill which might very well be entitled
a bill for the annexation to the United States, of the re
maining portion of Northern and Central SAmericaand the
islands of the Bay of Mexico. The bill authorizes the Pre
sident to negotiate through the State Department, for the
acquisition of Canada, Nova Scotia, and other parts of
British North America, and Cuba and the other islands
adjacent thereto, and annexing them to the United States.
Characteristic. —A gentleman of this city, says the
Hartford Times, who has recently returned ’from Kansas
mentions that he saw a large number of printed ballots in
circulation by Lane’s men on the day of the election, (ma
ny ot which were put into the ballot box) headed with the
following line in big letters:
To Hell with the Lecompton Constitution.
It is not to be denied that the philanthropists who sup
ported that ticket had this striking advantage over most
electors, that they would be able to accompany their bal
lots to tbeir place of final deposit.
The fact is that the followers of Jim Lane—the pious
politicians and reverend riflemen, both in Kansas and out
ot it, would send not only that Constitution, but the Con
stitution and people of the United States to the same place
if they were suffered to carry out their cherished schemes.
General Quitman. —We understand from the best au
thority, says the South Carolinian, that the patriot and he
ro, Gen. John A. Quitman, has consented to deliver the
next anniversary address before the Palmetto Association
of that city, in May next. In our opinion a better selec
tion could not have been made. General Quitman is a
distinguished member of Congress from another State, and
can give disinterested testimony in reference to the con
duct of the Palmetto regiment in Mexico. Besides, no one
is better informed on the subject than their commander
Gen. Quitman, who led them in glory through the whole
campaign. Come one, come ail.
Mutiny on Board the Ship Kate Hooper, of Baltimore
—Fifty Coollies Shot. —Letters received in [Boston by
the steamer Canada, dated Angier, Nov. 22, report that a
very serious mutiny had occurred on board the fine clipper
ship Kate Hooper, Captain Jackson, of Baltimore, bound
from Hong Kong to Havana, with a large number of coo
lies. The latter, it appears.for some cause, broke out into
mutiny, and at one time got possession of the lower deck,
and three times set the ship on fire. Capt. Jackson and his
officers, however, by their determined action, finally over
powered the mutineers and suppiessed the flames, but not
until they were compelled to shoot some ffifty of the ring
leaders.
The Weather at the South. —Green peas and new po
tatoes are abundant in the vicinity of New Orleans. On
some plantations the orange trees ‘are putting forth their
blossoms, and in others are yielding an abundance of Irui .
The Picayune acknowledges the receipt of a mess of ripe
strawberries grown in the open air, without the aid of glass.
A letter from Florida says: “Peach trees are in full bloom
and all kinds of trees are out like May. People are very
busy gardening.” In Mobile roses and all kinds of flow
ers are in full bloom.
The New Orleans Delta says—Gen. Walker this
morning, before the assembling of the U. S. Dis
trict Court, called at the court room and inquired
of his honor, Judge McCaleb, when he would be
summoned to appear before him. Judge McCaleb
replied that there was no process against him in
that court, and that he would not be summoned at
all. Gen. Walker then said that he desired to be
summoned; that he had been rrrested within the
judicial district of that court, had given bond to
appear, and that he desired and demanded an in
vestigation of his case. Judge MoCaled repeated
that he would not be summoned, and that no ex
amination would be had.
So ends th's great matter of General Walker’s
arrest in New Orleans, previous to his departure
for Nicaragua.
.... A lady was requested by a bachelor who
was somewhat advanced in years, to take a seat
on his lap while in a crowded sleigh. “No thank
you,” said she, “I’m afraid such an old seat would
break down with me.” Old bachelor looked
funny.
From the Washington Union.
PRESIDENT'S MESSAGE.
To the Senate and House of Representatives of
the United States:
1 have received from J. Calhoun, Esq., President
of the late constitutional convention of Kansas, a
copy, duly certified, by himself, of the Constitution
framed by that body, with the expression of a hope
that 1 would submit the same to the consideration
of Congress, “with the view of the admission of
Kansas into the Union as an independent State.
Iu compliance with this request, I herewith trans
mit to Congress, for their action, the Constitution
of Kansas, with the ordinance respecting the pub
lic lands, as well as the letter ol Mr. Calhoun, da
ted at Lecompton on the 14th ultimo, by which
they were accompanied. Having received but a
single copy of the Constitution and ordinance, I
send this to the Senate.
A great delusion seems to pervade the public
mind in relation t the condition of parties in Kan
sas. This arises from the difficulty of inducing
the American people to realize the fact that any
portion ot them should be in a state of rebellion
against the government under which they live.
When we speak of the affairs of Kansas, we are
apt to refer merely to the existence of two violent
political parties in that Territory, divided on the
question of slavery, just as we speak of such par
ties in the Stales. This presents no adequate idea
•Os tbe true state of the case. The dividing line
there is not between two political parties, both ac
knowledging the lawful existence of the govern
ment ; but between those who are loyal to this
government and those who have endeavored to des
troy its existence by force and by r usurpation—be
tween those who sustain and those who have done
all in their power to overthrow the territorial gov
ernment estai lished by Congress. This govern
ment they would long since have subverted had it
not been protected from their assaults by the troops
of the United States. Such has been the condi
tion of affairs since my inauguration. Ever since
that period a large portion of the people of Kansas
have been in a state of rebellion against the gov
ernment, with a military leader at their head of a
most turbulent and dangerous character. They
have never acknowledged, but have constantly re
nounced and defied the government to which they
owe allegiance, and have been ail the time in a
state of resistance against its authority. They
have all the time been endeavoring to subvert it
and to establish a revolutionary government, un
der the so-called Topeka Constitution, in its stead.
Even at this very moment the Topeka legislature
are in session. Whoever has read the correspon
dence of Gov. Walker with the State Department,
recently communicated to the Senate, will be con
vinced that this picture is not overdrawn. He al
ways protested against the withdrawal of any por
tion of the military force of the United States from
the Territory, deeming its presence absolutely nej
cessary for the preservation of the regular govern
ment and the execution of the laws. In his very
first dispatch to the Secretary of State, dated June
2d, 1857, he says • “The most alarming movement,
however, proceeds from the assembling on the 9th
of June of the so-called Topeka legislature with a
view to the enactment of an entire code of laws.
Os course, it will be my endeavor to prevent such
a result, as it would lead to inevitable and disas
trous collision, and, in fact, renew the civil war in
Kansas.” This was with difficulty prevented by
the efforts of Governor Walker; but soon thereaf
ter, on the 14th of July, we find him requesting
Gen. Harney to furnish him a regiment of dragoons
to proceed to the city of Lawrence—and this for
the reason that he had received authentic intelli
gence, verified by his own actual observation, that
a dangerous rebellion had occurred, “involving an
open defiance of the laws and the establishment
of an insurgent government in that city.”
In the Governor’s dispatch of July 15th, he in
forms the Secretary of State “that this movement
at Lawrence was the beginning of a plan, origina
ting in that city, to organize insurrection through
out the Territory; and especially in all towns,
cities, or counties, where the Republican party have
a majority. Lawrence is the hot-bed of all the
Abolition movements in this Territory. It is the
town established by the Abolition societies of the
East, and whilst there are respectable people there,
it is filled by a considerable number of mercena
ries’ who are paid by Abolition societies to perpetu
ate and diffuse agitation throughout Kansas, and
prevent a peaceful settlement of this question.
Having failed in inducing their own so-called To
peka State legislature toorganize this insurrection,
Lawrence has commenced it herself, and, if not
arrested, the rebellion will extend throughout the
Territory.”
And again: “In order to send this communica
tion immediately by mail, I must close by assuring
you that tiie spirit of rebellion pervades the great
mass of the Republican party of tins Territory,
instigated, as I entertain to doubt they are, by east
ern societies, having in view resi/its most disas
trous to the Government and to the Union ; and
that the continued presence of Gen. Harney here is
indispensable, as originally stipulated by me, wilh
a large body of dragoons and several batteries.”
Od the‘2oth July, 1857, Gen. Lane, under the
authority of the Topeka Convention, undertook, as
Governor Walker informs us, “to organize the
whole so called free-State party into volunteers,
and to take the names of all who refuse enrollment.
The professed object is to protect the polls, at the
election in Augusi, of the new insurgent Topeka
State legislature.”
“The object of taking the names of all who re
fuse enrollment, is to terrify thefree-State conserva
tives into submission. This is proved by recent
atrocities committed on such men by Topekaites.
The speedy location of large bodies of iegular
troops here, with two batteries is necessary. The
Lawrence insurgents await the development of this
new revolutionary military organization,” &c. <J-c.
In the Governor’s despatch of July 27th, he savs
that “Gen. Lane and his staff everywhere deny the
authority of the territorial laws, and counsel a to
tal disregard of these enactments.”
Without making further quotations of a similar
character from other despatches of Gov. Walker,
it appears by a reference to Mr. Stanton’s commu
nication to Gen. Cass, of the 9th December last,
that the “important step of calling the legislature
together was taken after I [he] had become satis
fied that the election ordered by the convention ok
the 21st instant could not be conducted without col
lision and bloodshed.” So intense was the disloy
al feeling among the enemies of the government
established by Congress, that an election which af
forded them an opportunity, if in the majority, of
making Kansas a free State, according to their own
professed desire, could not be conducted without
collision and bloodshed!
The truth is, that up till the present moment, the
enemies of the existing government still adhere to
their Topeka revolutionary Constitution and gov
ernment. The very first paragraph of the message
of Gov. Robinson, dated on the 7th December, to
the Topeka legislature now assembled at Lawrence,
contains an open defiance of the Constitution and
laws of the United States. The governor says:
“The convention which framed the Constitution at
Topeka originated with the people of Kansas Ter
ritory. They have adopted and ratified the same
twice by a direct vote, and also indirectly through
two elections of State officers and members of the
State legislature. Yet it has pleased the adminis
tration to regard the whole proceeding revolutiona
ry-”
This Topeka government, adhered to with such
treasonable pertinacity, is a government in direct
opposition to the existing government prescribed
and recognized by Congress. It is a usurpation of
the same character as it would be for a portion of
the people of any State of the Union to undertake
to establish a separate government, within its limits,
for the purpose of redressing any grievance, real
or imagirrery, of which they might complain,
against the legitimate State government. Such a
principle, if carried into execution, would.destroy
all lawful authority and produce universal anarchy.
From this statement of facts, the reason becomes
palpable why the enemies of the government au
thorized by Congress have refused to vote for dele
gates to the Kansas Constitutional Convention,
and also afterwards on the question of slavery sub
mitted by it to the people. It is because they have
ever refused to sanction or recognize any other
Constitution than that framed at Topeka.
Had the whole Lecompton Constitution been sub
mitted to the people, the adherents of this organi
zation would doubtless have voted against it, be
cause, if successful, they would thus have removed
an obslacle out of the way of their own revolution
ary .Constitution. They would have done this, not
upon a consideration of the merits of the whole or
any part of the Lecompton Constitution, but simply
because they have resisted the authority of the gov
ernment authorized by Congress, from which it
eminated.
Such being the unfortunate condition of affairs
infthe Territory, what was the right as well as the
duty of the law-abiding people? Were they silent
ly and patiently to submit to the Topeka usurpa
tion, or adopt the necessary measures to establish
a Constitution under the authority of the organic
law of Congress ? ..... i
That this law recognized the right ot the people
of the Territory, without any enabling act from
Congress, to form a Slate Constitution, is too clear
for argument. For Congress “to leave the people
of the Territory perfectly free,” in framing their
Constitution, “to form and regulate their domestic
instilutions in their own way, subject only to the
Constitution of the United Stales;’ and then to
say that they shall not be permitted 10 proceed and
frame a Constitution in their own way without an
express authority from Congress, appears to be
almost a contradiction in terms. It would be much
more plausible to contend t hat Congress had no
power to pass such an enabling act, than lo argue
that the people of a Territory might be kept out ol
the Union for an indefinite period, and until it
might please Congress to permit them to exercise
the right of self-government. This would be to
adopt not “their own way,” but the way which
Congress might prescribe*
It is impossible that any people could have pro
ceeded with more regularity in the formation of a
Constitution than the people of Kansas have done.
It was necessary, first to accertain whether it was
the desire of the people to be relieved from their
Tet ritorial dependence and establish a State gov
ernment. For this purpose the Territorial legisla
lure, in 1855, passed a law for “taking the sense
ofihe people of this Ten itory upon the expediency
of calling a convention to form a State Cons itu
tion” at the general election to [je held in October,
1856. The “sense of the people” was accordingly
taken, and they decided in favor of a convention.—
It is true that at this election the enemies of the
Territorial government did not vote, because they
were then engaged at Topeka, without the slightest
pretext of lawful anthority, in framing a Constitution
of their own for the purpose of subverting the Ter
ritorial government.
In pursuance of this decision of the people in
favor of a convention, the territorial legislature, on
the 17th day of February, 1857, passed an act for
the election of delegates on the third Monday of
June, 1857, to frame a Stale Constitution. This
law is as fair in its provisions as any that ever
passed a legislative body for a similar purpose.—
The right of suffrage at this election is clearly and
justly defined. “Every borut fide inhabitant of the
Territory of Kansas” on the third Monday of June,
the day of election, who was a citizen of the Uni
ted States above the age of twenty-one, and had
resided therein for three months previous to that
date, was entitled to vote. In order to avoid all
interference fiom neighboring States or Territories
with the freedom and fairness ot the election, pro
vision was made for the registry of the qualified
voters; and, in pursuance thereof, nine thousand
two hundred and fifty-one voters were registered.
Governor Walker did his whole duty in urging all
the qualified citizens of Kansas to vote at this elec
tion. In his inaugural address, on tbe 27th May
last, he informed them that “under our practice the
preliminiary act of framing a State Constitution is
uniformly performed through the instrumentality
of a convention of delegates chosen by the people
themselves. That convention is now about to be
elected by you under the call of the territorial leg
islature, created and still recognized by the authori
ty of Congress, and clothed by it, in the compre
hensive language of the organic law, with full
power to make such an enactment. The territorial
legislature, then, in assembling the convention,Jwere
fully sustained by the act of congress, and tiie au
thority of the convention is distinctly recognized in
my instructions from the President of the United
States.”
The Governor also clearly and distinctly warns
them what would be the consequences if they should
not participate in the election. “The people of
Kansas, then, (he says,) are invited by the highest
authority known to the Codstitution to participate,
freely and fairly, m the election of relegates to frame
a Constitution and State government. The law
has performed its entire appropriate function when
it extends to the people the right of suffrage, but
it cannot compel the performance of that duty.—
Throughout our whole Union, however, & wherev
er free government prevails, those who abstain from
the exercise ofthe right of suffrage, authorise those
who do vote, to act for them in that contingency;
and the absentees are as much bound, under the
law and Constitution, where there is no fraud or
violence, by the act of the majority of those who do
vote, as if all had participated in the election.—
Otherwise, as voting must be voluntary, self-gov
ernment would be impracticable, and monarchy or
despotism would remain as the only alternative.”
It may also be observed, that at this period any,
hope, if such had existed, that the Topeka Consti
tution would ever be recognized by Congress
must have been abandoned. Congress had ad
journed on the 3d March previous, having recog
nized the legal existence of the Territorial legisla
ture in a variety ol forms, which I need not enu
merate. Indeed, the delegate elected to the House
of Representatives, under a Territorial law, had
been admitted to his seat, and had just completed
his term of service on the day previous to my inau
guration.
This was the propitious moment for settling all
difficulties in Kansas. This was the time for aban
doning the revolutionary Topeka organization, and
for the enemies of the existing government to con
form to the laws, and to unite with its friends in
framing a State Constitution. Bnt this they re
fused to do, and the consequences of their refusal
to submit to lawful authority and vote at the elec
tion of delegates, may yet prove to be of a most de
plorable character. Would that (he respect for
the laws of the land which so eminently distinguish
ed the men of the past generation could be revived!
It is a disregard and violation of law which have
for years kept the Ter,itory of Kansas in a state of
almost open rebellion against its government. It
is the same spirit which has produced actual re
bellion in Utah. Our only safety consists in obedi
ence and conformity to law. Should a general
spirit against its enforcement prevail, this will
prove fatal to us as a nation. We acknowledge
no master but the law ; and should we cut lose
from its restrainsts, and every one do what seemeth
good in his own eyes, our case will indeed be hope
less.
The enemies of the Territorial government de
termined still to resist the authority of Congress.—
They refused to vote for delegates to the conven
tion not because, from circumstances which I need
not detail, there was an omission to register the
comparatively few voters who were inhabitants of
certain counties ofKansrs in the early spting of
1857, but because they had predetermined at all
hazards to adhere to their revolutionary organiza
tion, and defeat the establishment of any other
Constitution than that which they had framed at
Topeka. The election was, therefore, suffered to
pass by default, but of this result the’qualified elec
tors who refused lo vote, can never justly complain.
From this view, it is manitest that the Lecomp
ton convention, according to every principle of
constitutional law, was legally constituted and
was invested with power to frame a constitution.
The sacred principle of popular sovereignty has
been invoked in favor of the enemies of law and
order in Kansas. But in what manner is popular
sovereignty to be exercised in this country, if not
through the instrumentality of established law?—
In certain small republics of ancient times the peo
ple did assemble in primary meetings, passed laws
and directed public affairs. In our country this
is manifestly impossible. Popular sovereignty can
be exercised here only through the ballot box; and
if the people will refuse to exercise it in this man
ner, as they have done in Kansas at the election
of delegates, it is not for them to complain that
their rights have been violated.
The Kansas convention thus lawfully instituted,
proceeded to frame a constitution, and, havino
completed their work, finally adjourned on the 7th
day of November last. They did not think prop
er to submit the whole of this constitution to a pop
ular vote; but they did submit the ques
tion whether Kansas should be a free or slave
State, to the people. This was the question which
had convulsed the Union and shaken it to its very
centre. This was the question which had lighted
up the flames of civil war in Kansas, and had pro
duced dangerous sectional parties throughout the
confederacy. It was of a character so paramount
in respect to the condition of Kansas as to rivet the
anxious attention of the people of the whole
country upon it, and it alone. No person thought
of any oilier question. For my own part, when 1
instructed Governor Walker, in general terms, in
favor of submitting the constitution to the people,
I had no object in view except the all absorbing
question of slavery. In what manner the people
of Kansas might regulate their other concerns,was
not a subject which attracted my attention. In
fact, the general provisions of our recent State
Constitutions, alter an experience of eighty years,
are so familiar and so excellent, that it would be
difficult to go lar wrong at the present day in fra
ming anew constitution.
I then believed and still believe, that, under the
organic act, the Kansas convention were bound to
submit this all-important question of slavery to
the people. It was never, however, my opinion,
that independently of this act, they would have
been bound to submit any portion of the constitu
tion to a popular Vote, in order to give it validity.
Had I entertained such an opinion, this would
have been in opposition to many precedent in our
history, commencing in the very best age of the
Republic. It would have been in opposition to the
principle which pervades our institutions, and
which is every dry carried out into practice, that
the people have the right lo delegate to represent
atives, chosen by themselves, their sovereign
power to frame constitutions, enact law.-,and per
form any other important aC’s, without requiring
that these should be subjected to their subsequent
approbation. It would be a most inconvenient
limitation of their own power, imposed by the peo
ple upon themselves, to exclude them from exer
cising their sovereignty in any lawful manner they
think proper. I’ is true that the people of Ka -
might, if they had pleased, have required the con
vention to submit the constitution to a popular
vote; but this they have not done. The only re
medy, therefore, in this case, is that which exist,
in all other similar cases. If the delegates w.,
framed the Kansas constitution have in ant mari
ner violated the will of their constituents, the
people always possess the power to change lh> ir
Constitution or laws according to their pleasure.
The question of slavery was submitted to an
election of the people of Kansas on the 21st Dec
ember last, in obedience 1 1 the mandate of the con
stitution. Here, again, a fair opportunity was pre
sented to the adherents of the Topeka Constitu
tion, if they were the majority, to decide tins ex
citing question “in their own way, ’ and thus re
restore peace to the distracted territory,* but they
again refused to exercise their right of p, pu nr
sovereignty, and again suffered the election to pa.-s
by default.
I heartily rejoice that a wiser and better spirit
prevailed among a large majority ot ‘these people
first Monday of January, aDd that they did
on that day, vote, under the Lecompton Consti
tution fora Governor and'other S’ate officers, a
member of Congress, and for members ot |:heL _*.
islature. This election was warmly contested by
the parties, and a larger vole was polled than at
any previous election in the Territory. We may
now reasonably hope that ihe revolutionary To
peka organization will be speedily and finally
abandoned, and this will go far towards the final
sett'ement of the unhappy dilferenc -s in Kens--.
If frauds have been committed at this election, ei
ther by one or both parties, the legislature and tli
people ol Kansas, under the consti'ution, wii
know how to redress themselves and punish these
detestable but too common crimes without any oui
side interference.
The people of Kansas have, then, “in thoirowu
way,” and in strict accordance with the organic
actj framed a Constitution and State G ivernment;
have submitted the all-important question ol sla
very to the people, and have elected a G >ver<
a member to represent them in Congress, members
of the State legislature, and other State officers.—
They now ask admission into the Union under this
Constitution, which is republican in its form. It is
for Congress to decide w hether they will admit or
reject the State which has thus been created. For
my own part, I am decidedly in favor of its ad
mission, and thus terminating the Kansas question.
This will carry out the great principles of non-in
tervention recognised and sanctioned by the organ
ic act, which declares in express language in favor
of “non-intervention by Congress with slavery in
the States or Territories,” leaving “the people
thereof perfectly free to form and regulate their do
mestic institutions in their own way subject only to
the Constitution of the United S at-’s.'’ In this
manner, by localizing the question of slavery, and
confining it to ihe people whom it immediately
concerned, every patriot anxiously expected that
this question would be banished from the halls of
Congress, where it has always exerted a baleful in
fluence throughout the whole country.
It is proper that I should briefly reter to the elec
tion held under an act of the territorial legislature,
on the first Monday of January last, on the L -
compton Constitution. This election was held af
ter the Territory had been prepared for admission
into the Union as a sovereign State, and when no
authority existed in the territorial legislature which
could possibly destroy its existence or change its
character. The election, which was peaceably con
ducted under my instructions, involved a strange
inconsistency. A large majority of the persons
who voted against the Lecompton Constitution,
were at the very same time and place recognising
its valid existence in the most solemn and authen
tic manner, by voting under its provisions. 1 have
yet received no official information of the result of
this elect’on.
Asa question of expediency, after the right has
been maintained,it may be wise to reflect upon the
benefits to Kansas and to the whole country, which
would result from its immediate admission into the
Union, as well as the disasters which may follow
its rejection. Domestic peace will be the happy
consequeuce of its admission, and that fine Terri
tory, which has hitherto been torn by dissensions,
will rapidly increase in population, and wealth,
and speedily realize the blessings and the comfort
which follow in the train of agricultural and me
chanical industry. The people will then be sove
reign, and can regulate their own affairs in their
own way. If a majority of them desire to abolish
domestic slavery within the State, there is no other
possible mode by which this can be effected so
speedily as by prompt admission. The will of the
majority is supreme and irresistible when express-
ed in an orderly and lawful manner. They can
make and unmake Constitutions at pleasure. It
would be absurd to say that they can impose fet
ters upon their own power which they cannot af
terwards remove. If they could do this they
might tie their own hands for a hundred as well as
for ten years.
These are fundamental principles of America i
freedom, and are recognised. 1 believe, in some form
or other, by every fcdate Constitution ; and if Con
gress, in the act of admission, should think proper
to recognise them, 1 can perceive no objection to
such a course. This has been done emphatically
in the Constitution of Kansas. It declares in the
bill of rights that “all political power is inherent in
the people, and all free governments are founded
on their authority and instituted for their benefit,
therefore they have at all times an inalienable and
indefeasible right to alter, reform, or abolish tbeir
form of government in such a manner as they may
think proper.” The great State of New York is
at this moment governed under a Constitution
framed and established in direct opposition to the
mode prescribed bv the previous Constitution. It,
therefore, the provision changing the Kansas Con
stitution, after the year one thousand eight hun
dred and sixty four, could by possibility be construed
into a prohibition to make such a change previous
to that period, this prohibition would be wholly un
availing. The legislature already elected mat, at
its very first session, submit the questi ,n to a vote
of the people whether they will or will not have a
convention to amend their Constitution,and adopt
al necessary means for giving effect to the popular
will.
It has been solemnly adjudged by the highest ju
dicial tribunal known to our iatfs, that slavery ex
ists in Kansas by virtue of the Constitution of the
United States. Kansas is, therefore, at this mo
ment as much a slave State as Georgia or South
Carolina. Without this the equality of the sove
reign Stales composing the Union would be viola
ted, and the use and enjoyment of a territory ac
quired by the common treasure of all the Slates,
would be closed against the people and the proper
ty of nearly half the members of the confederacy.
Slavery can therefore never be prohibited in Kan
sas except by means o! a constitutional provision,
and in no other manner can this be obtained so
p.ompty, it a majority of the people desire it, as
b admitting it into the Union under its present Con
sy ution.
On the other hand, should Congress reject the Coustitu
tion, under the idea of affording the disaffected m Kansas
a third opportunity ol prohibiting slavery in the Stale,
which they might have done twice before il in the major
ity, no man can foretell the consequences.
Il Congress, lor the sake ot those meu who refused to
vote lor delegates to the convention when they might have
excluded slavery from the Constitution, and who after
wards refused to vote on the 21st Decern tier last, when they
might, as they claim, have stricken slavery from the Con
stitution, should now reject the State because slavery re
mains in the Construnion, it is manifest that the agitation
upon this dangerous subject will be renewed in a more
alarming form than it has ever yet assumed.
Every patriot in the couutry had indulged the hope that
the Kansas and Nebraska act would put a final end to tire
slavery agitaiion, at least in Congress, which had tor more
than twenty years, convulsed the country and endangered
the Union. This act involved great and fundamental prin
ciple*. and il fairly carried into effect will settle the ques
tion. Should the agitation be again revived, should the
people ot the sister States be again estranged from each oth
er with more than their tormer bitterness, this will arise
from a cause, so lar as the interests ol Kansas are concern
e, more iritiing and insignificant than has ever stirred the
elements ot a great people into commotion.
To the people ot Kausas, the only practical difference
between admission or rejection, depends simply upon the
tact whether they caD themselves more speedily change the
present Constitution il it does not accord with the will o
the majority, or frame a second Constitution to be submit
ted to Congress hereafter. Even if this were a question of
mere expediency, and not qt right, the small difference of
time,one way or the other, is ot not the least importance,
when contrasted with the evils which must necessarily re
sult to the whole country from a revival of the slavery
agitation,
In considering this question, it should never be forgotten