3 and to hold office in said Territory, in addition to other obnoxious qualifications, an oath to support the Fugitive Slave Law; and they postponed the next meeting of the Legislature till the 1st of January, 1857. But, as the Council hold over another year, no change can be made in these laws by the people themselves, even if they were not disfranchised at the polls, till after the 1st of January, 1858 ; so that, from the time of passing the Territorial law by Congress, which provided for annual sessions of the Legislature, it will be almost four years before a change can be effected in the Legislature, so as to repeal these laws. The gentleman from Georgia [Mr. Stephens] the other day referred to legislation in his own State which he believed to be unconstitutional and oppressive; but the courts decided that it was constitutional, and he submitted to the decision, as was the duty of a good citizen. But if a provision had been appended to that law, prohibiting any man from voting for its repeal until he had sworn to support it, would he have felt himself bound to abide by it? Sir, the people of Kansas are in a different position from that of any people in any State in this Union, in respect to any laws of which complaint was ever made. For the first time in the history of the Government, is an oath required of a voter to support particular laws, as a qualification to vote at any election. Well might the Senator from Delaware [Mr. Clayton] declare it an ‘‘ injustice unexampled.” A Legislature, that denies the right of private judgment, that has stripped the people of all voice in the selection of their own rulers, that strikes down freedom of speech and of the press, under the penalties of not less than two years’ imprisonment at hard labor, and that tramples upon every right dear to a freeman, has been imposed upon the people of Kansas by fraud and violence—their bouses have been burned, and their property destroyed, under the sanction of this Administration and its appointees. There being no peaceable mode for the people of the Territory to change these “cruel and oppressive ” laws for more than two years, they resorted to the only peaceable mode of redress under the circumstances. And that was to form a State Government, and ask admission into the Union. They proceeded, peaceably, as they had aright to do, under the Constitution of their country, to form a State Government, and ask of Congress to admit them into the Union as a State. Their memorial is before you, and is to be answered by your action on this bill. All the proceedings preliminary to the formation of this Constitution have been as regular and orderly as the disturbed condition of the Territory would allow; and instead of being confined to any class or party, it was of a general character, and extended an invitation to all citizens to participate. The first public meeting for that purpose was held at Lawrence, September 15, 1855, at which time the following resolution was passed : “ Resolved, That we, the people of Kansas Territory, in mas meeting assembled, irrespective of party distinctions, infiuen ed by common necessity, and greatly desirous of promoting the common good, do hereby call upon and request all bona fide citizens of Kansas Territory, of whatever political views or predilections, to consult together in their respective election districts, and, in mass convention, or otherwise, elect three delegates for each Representative to which sail election district is entitled in the House of Representatives of the Legislative Assembly, by proclamation of Governor Reeder, ot date 19th of March, 1855; said delegates to assemble in convention at the town of Topeka, on the 19th day of September, 1855, then and there to consider and determine upon all subjects of public interest, and particularly upon that having reference to the speedy formation of a State Constitution, with an intention of an immediate application to ba admitted as aStae into the Union of the United States of America.” In accordance with this recommendation, delegates were elected in the different election districts, who met at Topeka, on the 19th of September, A. D. 1855, to take into consideration the expediency of calling a convention to form a State Constitution. The address issued by this convention was to the legal voters of Kansas, and closed in these words : “And whereas the debasing character of the Slavery which now involves us impels to action, and leaves us, as the only legal and peaceful alternative, the immediate establishment of a State Government; and whereas the organic act fails in pointing out the course to be adopted in an emergency like ours: Therefore, you are requested to mee' at your several precincts in said Territory hereinafter mentioned on the. second Tuesday of October next, it being the ninth day of Slid month, and then and there cast your ballot- for members of a convention, to meet at fopeka on the fourth Tuesday in October next, to form a Constitution, adopt a Bill of Rights for the people ot Kansas, and rake all needful measures for organizing a State Government preparatory to the admission of Kansas into the Union as a Slate.'" After this address, which fixed the time and places of election, provided for the appointment of judges, and the qualification of voters, elections were held in every district in the Territory, and delegates elected to meet at Topeka the 23d October, 1855, to form a State Constitution. They met at that time and place, formed a Constitution, and submitted it to a vote of the people for ratification on the 15th of December following. The 15th of January, 1856, a Governor, Legislature, and State officers, were elected; and the Legislature met on the 4th of March, 1856, and after receiving the Governor’s message, appointing committees, and electing United States Senators, adjourned to the 4th of July. All these proceedings were necessary, before their application to Congress for admission ; for the power given to Congress by the Constitution is to admit States, not Territories. The new State must therefore have all the “ agents indispensable to its action as a Slate” before its application ; and such was the decision of the Attorney General, transmitted by General Jackson to the Governor of Arkansas, September 21, 1835. Referring to the third section of the fourth article of the Constitution, he says : “This provision implies that the new State shall have been constituted by the settlement of a Constitution or frame of Government, and by the appointment of those official agents which are indispensable to its action as a State, and especially to its action as a member of the Union, prior to its admission into the Union. In accordance with this implication, every State received into the Union since the adoption of the Fedr ral Constitution has been actually organized prior to such admission.” Instead of the proceedings of the Free State movement in Kansas being against law, it is clearly in accordance with law and constitutional right. The Free State men in this movement have done nothing but what they had a
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