[Page 1 qc39a]
Quindaro Chindowan.
A Free-State Paper.
Vol. I. Quindaro, Kanzas, Saturday, March 13, 1858. No. 39
Printed and published by
J. M. WALDEN & CO
J. M. Walden. Edmund Babb.
SUBCRIPTIONS may be sent either to EDMUND
BABB, Gazette Office, Cincinnati, Ohio, or to J.
M. WALDEN & Co., Quindaro, Kanzas, and re-
ceipts will be returned in the first number of the
paper sent to the order.
TERMS:
ALL subscriptions payable invariably in ad-
vance.
SINGLE COPY, Two Dollars per annum. TEN
Copies to one Post Office address, $15. TWENTY
copies, and one to the person forming the Club,
$30.
CLERGYMEN who will interest themselves
in our favor, will upon notifying us, be furnished
with our paper, as an acknowledgement of our
obligation to them.
--Specimen copies sent to persons requesting
it.
JOB PRINTING.
J. M. WALDEN & CO. are prepared to exe-
cute Job Printing of every description at
short notice and on reasonable terms.
BUSINESS CARDS
Bill-Heads, Receipts, Checks, Labels, Circulars,
Leases, Programmes, Hand-Bills, Posters, &c.,
Printed in a superior style.
--No pains will be spared to render all work
done at this establishment satisfactory to its pat-
rons.
BUSINESS DIRECTORY
of
Quindaro, Kanzas.
PHYSICIANS.
Dr. R. M. Ainsworth,
No. 10
Kanzas Avenue.
Dr. R. C. Anderson,
No. 21
Kanzas Avenue.
Dr. Geo. E. Budington,
No. 1
..Kanzas Avenue.
Dr. J. B. Welborn,
No. 38
Kanzas Avenue.
ATTORNEYS.
Charles Chadwick,
No. 2
.West Main St.
Alfred Gray,
No. 179
.East Main St.
LAND AGENTS.
Charles Chadwick,
No. 2
.West Main St.
Alfred Gray,
No. 179
.East Main St.
R. P. Gray & Co.,
Chindowan Office,
No. 7
.Kanzas Avenue.
Newman & Ainsworth,
No. 10
...Kanzas Avenue.
SURVEYORS.
Charles B. Ellis,
No. 2
West Main St.
HOTELS.
Quindaro House,
Nos. 1, 3, & 5
..Kanzas Avenue.
Wyandott House,
No. 2
...Kanzas Avenue.
DRUGGISTS.
A.C. Strock & Co.,
No. 38
.Kanzas Avenue.
HARDWARE.
Shepherd & Henry,
No. 179
...East Main St.
CLOTHING.
N. Ranzohoff & Co.,
No. 11
..Kanszas Avenue.
DRY GOODS AND GROCERIES.
Johnson & Veale,
No. 3
Kanzas Avenue.
W. J. McCown,
No. 7
Kanzas Avenue.
A. C. Strock & Co.,
No. 38
..Kanzas Avenue.
GROCERIES AND PROVISIONS.
William Lansing,
Cor. Kanzas Avenue & Fifth St.
A. Tuttle,
No. 76
.Levee.
W. J. McCown,
No. 7
...Kanzas Avenue.
MEAT STORES.
P. Caswell & Lewis,
No. 140
..East Main St.
J. A. Bartles,
Cor. Seventh & N St.
BOOT & SHOE SHOPS.
Henry P. Downs,
No. 177
.East Main St.
P. C. Muhlbach,
No. 17
O St.
STONE CUTTER & BUILDER.
F. Klaus,
No. 18
O St.
CARPENTERS & JOINERS.
John S. McCorkle,
No. 69
R St.
S. H. Marchant,
No. 65
R St.
C. H. Carpener [sic],
No. 16
S St.
Quindaro Chin-do-wan.
J. M. Walden
Editor.
Saturday, March 13, 1858.
Senator Collamers Report on the Lecompton Constitution.
Congress has passed laws in relation to Slavery in the Territories, at all periods of its existence where the Territory was held by grant or treaty that in no way affected Slavery, and where such an institution existed, if at all, to a very limited extent, there Congress entirely prohibited it. If slavery existed, and especially if the Territory was holden by a title or treaty which forbid abolition, there slavery was suffered to continue, but even there, Congress often adopted measures to prevent or to check further additions, and often, and before 1820, the taking of slaves into a Territory for sale was forbidden.
It is most observable, however, that in no case was the condition of a Territory as to Slavery ever left to be a matter of contention to the people therein. It was regarded as a question of too much interest to the whole country to be left to local legislation. At no period in our history has it ever, by any party, been insisted that the people were not at liberty to arrange this matter, like all others, in their own way in the formation or alternation of their State Constitutions. In all the Territories north of the Ohio, slavery was utterly forbidden by Congress from time to time, as they were formed, and in pursuance of the ordinance of 1781. In Mississippi, in 1798, Congress prohibited the importation of slaves, which they could not do in the States until 1808. This was direct intervention. In 1804, in Orleans Territory (Louisiana) Congress adopted three express provisions on Slavery. Slaves were forbidden to be brought in except with the owners family, to settle. They were not to be imported from beyond the United States, and none were to be taken there, in any manner, if imported after 1798. For breach of either of these provisions, the slaves were declared free. This was (???) intervention.
In 1820 was passed the Missouri Compromise, by which Missouri was admitted as a slave state, and all slavery was for ever forbidden north of 36 deg. 30 min. in the country ceded to us by France. This was done by the Southern vote by large majority, with a small minority of the North, and so a Southern measure. This settled the condition of all territory we then owned, and was the bond of peace on the subject for more than a quarter of a century. When Texas was acquired the same provision by a line on 36 deg. 30 min. was made for peace.
When, by arrangement with Great Britain, we claimed the exclusive right to Oregon, it was formed into a Territory and Slavery was utterly prohibited. After our acquisition by the treaty of peace with Mexico, difficulty and trouble on this subject was renewed. In 1850 this was arranged by the admission of California as a Free-state, and forming New Mexico and Utah into Territories, with the right, when forming State Constitutions, at the proper time, to be admitted, either with or without slavery as such Constitution should provide. This was also a Southern measure; and it, together with the former measures then in force, again settled the condition of all our Territories as to slavery. It was claimed and sustained as a finality of this subject.
In 1854 a measure was adopted, at the claim of the slaveholding states, by which, in effect, both and all the settlements were broken up and the whole policy of the Government on this subject changed. The territory south of 36 deg. 30 min. Missouri, Arkansas, and Louisiana and Florida, obtained from Spain had been made into slave states. But the country north of that line was mostly unsettled, Iowa only having been formed therefrom. The Kanzas-Nebraska act was passed, the Missouri Compromise line declared inoperative, and the subject of slavery was professedly turned over to the people who should go and inhabit the country. This was an invitation to all men to enter this field of competition for free or slave institutions; and it was to be expected that the friends and promoters of these two systems would make vigorous exertions in the struggle, and that settlement by friends of each, would be highly stimulated by all lawful means. Hence associations and societies have been put in operation, both North and South, to promote such settlement by their respective friends. This was, however, neither wonderful nor censurable. That provision of the Kanzas act is as follows:
The eighth section of the act preparatory to the admission of Missouri into the Union (which being inconsistent with the principle of non-intervention by Congress with slavery in the states and territories as required by the legislation of 1850, commonly called the compromise measures), is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into said Territory, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, that nothing herein contained, shall be construed to revive or put in force any law or regulation which may have existed prior to the act of the 6th of March, 1820, either protecting, establishing, prohibiting, or abolishing slavery.
Without now inquiring into the propriety, expediency or moral justice of this law, clear it is that it contains the plighted public faith of this nation that the people of Kanzas shall have the right of self-government consistent with the Constitution.
Plighted public faith and just laws, however, secure no rights to man. That is found only in the just and fair execution of such laws; and we will now briefly inquire how that has been done in relation to that people. Have they been permitted to exercise their promised freedom, even in the initiation of the Government provided for them?
The Governor of Kanzas having, in pursuance of the law, divided the Territory into districts, and procured a census thereof, issued his proclamation for the election of a Legislative Assembly therein, to take place on the 30th day of March, 1855, and directed how the same should be conducted, and the returns made to him, agreeably to the law establishing said Territory. On the day of election large bodies of armed men from the state of Missouri appeared at the polls in most of the districts, and by most violent and tumultuous carriage and demeanor overawed the defenseless inhabitants, and by their own votes elected a large majority of the members of both Houses of said Assembly. On the returns of said election being made to the Governor, protests and objections were made to him in relation to a part of said districts, and, as to them, he set aside such, and such only, as by the returns appeared to be bad. In relation to others, covering, in all, a majority of the two Houses, equally vicious in fact, but apparently good by formal returns, the inhabitants thereof, borne down by said violence and intimidation, scattered and discouraged, and laboring under apprehensions of personal violence, refrained and desisted from presenting any protest to the Governor in relation thereto; and he, then uninformed in relation thereto, issued certificates to the members who appeared by said formal returns to have been elected.
In relation to those districts which the Governor so set aside, orders were by him issued for new elections. In one of these districts the same proceedings were repeated by men from Missouri, and in others not, and certificates were issued to the persons elected.
This Legislative Assembly, so elected, assembled at Pawnee on the 2d day of July, 1855, that being the time and place for holding said meeting, as fixed by the Governor by authority of law. On assembling, the said Houses proceeded to set aside and reject those members so elected on said second election, except in the district where the men from Missouri had, at said election chosen the same persons they had elected at the said first election, and they admitted all of the said first elected members.
A Legislative Assembly, so created by military force, by a foreign invasion, in violation of the organic law, was but a usurpation. No act of its own, no act or neglect of the Governor, could legalize or sanctify it. Its own decisions as to its own legality are, like its laws, but the fruits of its own usurpation, which no Governor could legitimate. That Territorial Legislature passed the following law:
Sec. 11. If any person print, write, introduce into, publish or circulate, or cause to be brought into, printed, written, published, or circulated, or shall knowingly aid or assist in bringing into, printing, publishing, or circulation within this Territory, any book, paper, pamphlet, magazine, handbill or circular, containing any statements, arguments, opinions, sentiments, doctrines, advice or innuendo, calculated to promote disorderly, dangerous or rebellious disaffection among the slaves in this Territory, or to induce such slaves to escape from the service of their masters or to resist their authority, he shall be guilty of a felony, and be punished by imprisonment and hard labor for a term not less that five years.
Sec. 12. If any free person, by speaking or by writing, assert or maintain that persons have not the right to hold Slaves in this Territory, or shall introduce into this Territory, print, publish, write, circulate, or cause to be introduced into this Territory, written, printed, published or circulated in this Territory, any book, paper, magazine, pamphlet or circular, containing any denial of the right of persons to hold Slaves in this Territory, such persons shall be deemed guilty of felony, and published by imprisonment at hard labor for a term of not less than two years.
And further providing, that no person conscientiously opposed to holding slaves shall sit as a juror in the trial of any cause founded on a breach of the foregoing law. They further provided, that all officers and attorneys should be sworn not only to support the Constitution of the United States, but also to support and sustain the organic law of the Territory, and the Fugitive Slave laws; and that any person offering to vote shall be presumed to be entitled to vote until the contrary is shown; and if any one, when required, shall refuse to take oath to sustain the Fugitive Slave laws, he shall not be permitted to vote. Although they passed a law that none but an inhabitant, who had paid a tax, should vote, yet they required no time of residence necessary, and provided for the immediate payment of a poll-tax; so providing, in effect, that on the eve of an election the people of a neighboring state could come in, in unlimited numbers, and, by taking up a residence of a day or an hour, pay a poll tax, and thus become legal voters, and then, after voting, return to their own State. They thus, in practical effect, provided for the people of Missouri to control elections at their pleasure, and permitted such only of the real inhabitants of the Territory to vote as are friendly to the holding of slaves.
They permitted no election of any of the officers in the Territory to be made by the people thereof, but created the offices and filled them, or appointed officers to fill them for long periods, and provided that the next annual election should be holden in October, 1856, and the Assembly to meet in January, 1857; so that none of these laws could be changed until the lower House might be changed, in 1856; but the Council which is elected for two years, could not be changed so as to allow of a change of the laws or officers until the session of 1858, however much the inhabitants of the Territory might desire it.
These laws, made by an Assembly created by a foreign force, are but a manifestation of the spirit of oppression which was the parent of the whole transaction.
They were obviously made to oppress and drive out all who were inclined to the exclusion of Slavery; and if they remained, to silence them on this subject, and subject them to the will and control of the people of Missouri. These are the laws which the President says must by enforced by the army and whole power of this nation.
The people of Kanzas, thus invaded, subdued, oppressed and insulted, seeing their Territorial Government (such only in form) perverted into an engine to crush them in the dust, and to defeat and destroy the professed object of their organic law, by depriving them of the perfect freedom therein provided; and finding no ground to hope for rights in that organization, they proceeded, under the guaranty of the United States Constitution, peaceably to assembly to petition the Government for the redress of (their) grievances. They saw no earthly source of relief but in the formation of a State Government by the people, and the acceptance and ratification thereof by Congress.
It is true that in several instances in our political history, the people of a Territory have been authorized by an act of Congress to form a State Constitution, and after so doing were admitted by Congress. It is quite obvious that no such authority could be given by the act of Territorial Government. That, clearly has no power to create another Government, paramount to itself. It is equally true that, in numerous instances in our history, the people of a Territory have, without any previous act of Congress, proceeded to call a Convention of the people by their delegates; have formed a State Constitution, which has been adopted by the people, and a State Legislature assembled under it, and chosen Senators to Congress, and then have presented said Constitution to Congress, who has approved the same, and received the Senators and Members of Congress who were chosen under it before Congress had approved the same. Such was the case of Tennessee; such was the case of Michigan, where the people not only formed a State Constitution without an act of Congress, and without any act of the Territorial Government, but they also put the State Government into fall operation, and superseded the Territorial Government, and it was approved by Congress by receiving it as a State. This was then sustained in the Senate by the present President Buchanan, who there declared that any act of the Territorial Legislature for the calling of a convention would be an act of usurpation. The people of Florida formed their Constitution without any act of Congress therefore, six years before they were admitted into the Union. When the people of Arkansas were about forming a State Constitution without a previous act of Congress, in 1835, the Territorial Governor applied to the President on the subject, who referred the matter to the Attorney General, and his opinion, as then expressed and published, contained the following:
It is not in the power of the General Assembly of Arkansas to pass any law for the purpose of electing members to a convention to form a Constitution and State Government, nor to do any other act, directly or indirectly, to create such Government. Every such law, even though it were approved by the Governor of the Territory, would be null and void; if passed by them, notwithstanding his veto, by a vote of two-thirds of each branch, it would be equally void.
He further decided that it was not rebellious or insurrectionary, nor even unlawful, for the people peaceably to proceed, even without an act of Congress, in forming a Constitution, and that the so forming a Constitution, and so far organizing under the same as to choose the officers necessary for its representation in Congress, with a view to present the same to Congress for admission, was a power which fell clearly within the right of the people to assemble and petition for redress. The people of Arkansas proceeded without an act of Congress, and were received into the Union accordingly. If any rights were derived to the people of Arkansas from the terms of the French treaty of cession, they equally extended to the people of Kanzas, it being a part of the same cession.
In this view of the subject, the people assembled at Topeka, in said Territory, by delegates, chosen in the several counties, in public meetings assembled for that purpose, in September, 1855, who formed a Constitution, which was submitted to the people for their ratification or rejection, and which was duly ratified by a large majority of all who thought proper to vote, being, as we believe, a majority of all the voters then in the Territory. Under that Constitution an election of a Governor and Legislature was made, and officers appointed, and an organization made, for the purpose of petitioning Congress for admission to the Union; and a memorial was made and presented to Congress, with said Constitution, for that purpose. That memorial or petition for the admission of Kanzas as a State, under the Topeka Constitution, formed as before stated, and so presented to Congress, though agreed to by the House of Representatives, was rejected by the Senate. The investigation, the evidence and the facts as to the invasion and subjugation of Kanzas at the March election of 1855, as presented by the Committee of the House of Representatives, appointed for such investigations, fully discloses its enormity and outrages as before stated, and shows that the invasion extended to every election district but one: yet the Senate entirely refrained from investigation, and all redress for that people failed. No provision was made to correct the wrong, and they were left to suffer under the oppression of the tyrannical laws and usurped power of the unscrupulous minority which force and fraud had there installed in official position, with the power and army of the United States pledged to sustain them. Thus ended the session of Congress in the Summer of 1856. In that Summer, this usurped power in Kanzas was exercised over the people there in the same spirit in which it originated; and, as manifested in the laws before mentioned, to drive the Free-state people from the Territory, and prevent their emigration thereto. Aided by the people of Missouri, who had first subjugated the Territory, and by others like minded, under pretended color of the laws, so made freedom of speech, was crushed, printing presses were destroyed, and pillage, conflagration and murder spread over the land. Every attempt at self-defense by the Free-state people was pronounced constructive treason, and large numbers were long imprisoned and guarded by United States troops. Therefore many of the people were compelled to flee, and the Missouri River, the usual means of access to the Territory, was blockaded and emigrants prevented from proceeding. Thus closed the gloomy Autumn of 1856, and during the succeeding Winter a large part of the people were dependent for their necessary supplies upon the charitably contributions of the people of distant States. In October, 1856, a Territorial election for members of the House of Representatives, occurred, but the oppression of the tyrannical statutes of the test oaths and gag laws continuing, entirely excluded the Free-state people, persecuted, scattered, and imprisoned as they wee, from any participation therein, and so the usurpation continued. The people who had formed the Topeka Constitution for presentation to Congress, and which they presented to Congress, not despairing of the justice of their country, and still hoping that Congress might adopt it, continued from time to time their provisional organization under the same; and the same has again been submitted to the people for ratification, and all invited to participate therein; and the same was again ratified by the majority of all who thought proper to vote in August, 1857. But no government under the same has ever, in any respect, been attempted to be put in operation, nor the same in any manner been asserted against the existing officers of the United States of its laws, including that establishing Kanzas Territory. It was and ever has been preliminary and provisional, subject to the action of Congress. It is indeed true that a large part, and probably a large majority, of that people were attached to that Constitution which they have repeatedly requested Congress to accept; but that they have ever attempted, in any act or spirit of rebellion, forcibly to put in operation a government under it, is entirely untrue; although individual wishes or ultimate purposes to such an end, on some possible contingencies have, at times, been expressed. It is, however, true, that the people have ever regarded the acts of the Territorial Legislature so usurped as aforesaid, as utterly without legal force, and have not held themselves bound in obedience thereto; and the same have been in effect generally inoperative in the Territory, except so far as enforced by United States troops. In February, 1857, the Territorial Legislature passed a law for the election of a Convention to form a Constitution for Kanzas as a State, with a view to apply to Congress for admission. This was done without any act of Congress for that purpose, Congress having recently refused to pass such a law, though recommended by that President, and the proceeding was therefore, though not unlawful, in no way authoritative, and its result entitled to the consideration of Congress, only so far as it was sanctioned by the votes and expressed the free will of the people of the Territory, or a majority thereof, in a full election fairly conducted. Such a result could not be ascertained but by submitting the constitution to a full and unconditional vote of the whole people, for ratification or rejection. This is more especially true when conflicting opinions on the subject are well known to exist, as was the case in this Territory. A large part of the people, and, from what subsequently occurred, it is apparent, a large majority of the people, did not participate in the election of these delegates; and a sufficient reason for that course was found in these considerations. First: The supervision and returns of the election were in the power of men appointed by a Legislature in whose election a large part of the people never participated in whom, for this cause, and the manner in which they conducted elections, they had no confidence. Second: The United States officers there, the Governor and Secretary, had no control over these Judges of Election. Third: The Territorial Legislature, in directing the election of Delegates to the Convention, had provided for the taking of a census for the appointment of Delegate and making a voting list in the several counties.
This was, by accident or design, very imperfectly done in any county, and in almost one half of the counties, some of which were among the most populous in the Territory, it was entirely neglected, and therefore a large part of the people were entirely prevented from acting.
Fourthly: The people were often, repeatedly, and officially assured by the Governor and Secretary, whom they regarded as the organs of the General Government, that the Constitution when formed, must and should be submitted, unconditionally, to the whole actual resident people for their ratification or rejection. Under these circumstances, relying on these official assurances, they awaited quietly that day and promised opportunity to exercise their acknowledged inalienable right to vote on their own State Constitution. The result has shown this was an unreliable security, for the Constitution, as formed by the convention, was by them never so submitted to the people, but in the conditional and deceptive manner hereafter described.
The Convention so elected met in September, 1857, at Lecompton, and adjourned until after the Territorial election of a Legislature, in Oct., 1857.
The mass of the people of that Territory have always placed confidence in the fidelity and integrity of the Governors whom the President has appointed, whenever the same have been long enough in the Territory, from personal acquaintance with its people and condition to become disabused of the delusion in relation to them, which seem to be entertained and cherished with so much pertinacity by the dominant power in Washington. When Gov. Walker and Acting-Gov. Stanton had personally and clearly ascertained, as Gov. Reeder and Gov. Geary had done before them, that the great body of the people, including most of its worthy and reliable inhabitants of both political parties, truly regarded themselves as oppressed and domineered over by a small and unscrupulous minority, inaugurated by violence and perpetuated by fraud, backed and supported by United States dragoons, and that this great body of the people had with long forbearance, waited for a fair opportunity peaceably, at the ballot-box, to manifest their opinions and their strength, and reclaim their rights, then it was that they honestly resolved to endeavor to give to that people such an opportunity, as far as they were able. They proceeded industriously and faithfully to exhort the people to participate in the election of a Territorial Legislature in Oct. 1857 not under the Territorial acts, but under the laws of Congress, and gave the most authoritative assurances of freedom and fairness. That people knew indeed that the supervision and control of the election was in the hands of officers never appointed by them or the Governor, and not under their control, and that they were subject to being outvoted by voter by such officers admitted to vote, from Missouri, or by the insertion of fictitious votes, or by false returns.
Unwilling, however, to be longer taunted from abroad, with the charge of cowardly or factions inactions, and relying on the assurances of the Governor and their own well-known superiority of numbers, they generally concluded to proceed to the polls and attempt once more to exercise their rights, under the laws of Congress, and what does the result disclose? It shows that notwithstanding many declined to vote, lest thereby they should impliedly recognize as lawful the existing usurpation, over 11,000 votes were cast and a Free-state Legislature elected.
In the next place, the result showed that all the apprehensions of that people as to fraudulent voting and returns, under the auspices of these judges of the elections, were well founded.
We are well informed by Gov. Walker and Sec. Stanton, that votes to the amount of 1,600 in one case, and over 1000 in another, came certified from precincts where, from personal examination, they found a limited population of but a few hundred. A large part of these votes were obviously fictitious, and those returns were set aside, being informally certified. Had not this been done by the Governor, the original usurpation would again have been renewed, and perpetuated by frauds.
The result of this election was regarded by all candid men there as settling the condition of Kanzas, and accordingly, when the Convention assembled at Lecompton on its adjournment, it was difficult to obtain even a bare majority to constitute a quorum. A majority of this quorum, but not of all the elected delegates, proceeded, with the spirit of desperation, to defeat and evade the well-known and clearly expressed will of the people, and by ingenious devices and cunning forms to fasten upon them a State Constitution abhorrent to their feelings, and at the same time redeem, in a delusive form only, the pledges which had been given that it should be submitted to the people. In order to evade and frustrate the will of that people, and impose upon them a Constitution against their consent, five apparently certain logical securities were to be evaded or demolished.
First: The Constitution with Slavery must not be submitted to the people in any such way that a majority could reject it; and yet it must be submitted to them to redeem pledges, and keep up appearances of fairness. Second: The conduct of Gov. Walker having shown that he would not prostitute his official duty by aiding in the success of fictitious votes and illegal returns, a course must be taken to avoid any use of his official action. Third: The use of the legal officers for conducting the elections and making returns must be avoided, as they might be subject to penalties if guilty of fraud, and possibly the new Territorial Legislature might make appointment of honest men. Fourth: In order to supersede the Legislature, so recently elected by the people, and restore power to the usurpation it had overcome, it was necessary to make the appointment of representatives, under the proposed State Government, as to overcome the actual Free-state majority, now well known to exist, and keep the supervision of the election out of their minds. Fifth: To so arrange it as to render any action of the new Legislature unavailable, and to perpetuate the laws which the long continued usurpation had adopted. To effect these purposes the Convention address themselves with unscrupulous ingenuity, and whether with success it remains for Congress to determine. They framed a Constitution establishing Slavery in two forms first, for perpetuating in slavery
(Concluded on Fourth Page.)
Transcribed by Shannon McElroy