own secret agents and the applications of the citizens of Lawrence for protection.

The official report of Adjutant-General Strickler, whom Governor Geary sent to disband Heiskell's forces, proves the falsity of General Calhoun's statement, made for the unworthy purpose of taking from Governor Geary the credit of a great and noble act. General Strickler's report to the governor is dated September 17, 1856, in which he says:—

"In reply to your note of this date, I have the honor to report, that in pursuance of your instructions, I proceeded to the camp at Franklin, commanded by Brigadier-General Heiskell, and made known to him your proclamation and orders for the disbandment of the Kansas militia, and requested him to publish such general orders as might be necessary to execute your commands.

"The excitement and confusion became so great in consequence of this intelligence that it was deemed advisable to request your presence; and I consider it fortunate for myself that you came to the camp; for you must be convinced from what you saw during your stay of the utter impossibility to execute your commands."

Thus it seems, by the official report, that instead of the leaders of Heiskell's forces sending for the governor to disband their troops, the adjutant-general of the territory was incapable of effecting that object, and found it necessary to send for the governor himself; and it is well known that his presence alone saved the town of Lawrence from the rapine and destruction that had been contemplated. No wonder that General Calhoun and his party should now be ashamed of, and endeavor to deny, their complicity with this most dastardly and disgraceful in

tention.

General Reid did not attempt to take from Governor Geary the credit of defeating the murderous intentions of his armyof saving Lawrence from destruction, and the country from a civil war, but frankly acknowledged the fact. Upon Reid's return to Missouri, he was severely censured for not consummating the purpose of the invasion, when he found it necessary to defend his conduct through the medium of the press. one of his lengthy communications published in the Occidental Messenger, Independence, Mo., of September 20th, 1856, he

says

In

"I have no regret that Governor Geary arrived when he did, and interposed between us and our purpose, and relieved

us from the necessity of doing extrajudicially, that which can be done so much more effectually and satisfactorily in the name and by the authority of the law-redressing the wrong of our fellow-citizens and restoring them to their rights in Kansas.

"I have no doubt, with the men we had, of the result. I have no doubt we should have driven Lane and his band, and all confederate bands, from the soil of Kansas, but I am not prepared to say I would have preferred it so. I think it better for the peace of the country and for the good of all, that it should be as it is, and hence I then thought, and now think, the arrival of the new governor most opportune for us, for Kansas, and for the whole country, in suspending the strife which had been forced upon us, in such a manner as regarding our honor and our rights we could not decline it, and which threatened to involve the whole country in a civil and sectional war."

I

CHAPTER XLI.

Passage of the census bill.-Governor Geary's veto message.—The manner in which the census was taken.-Repeal of the test laws.-Adjournment of the Legislature.-Secretary Marcy and the Topeka Legislature.— Letter to the Secretary of State.-Arrest of a fugitive.--Rencontre at Topeka.-Complaint of prisoners.-Breaking up of the Kansas River.

THE crowning act of the legislature was the passage, near the close of its session, of what is called the "Census Bill." This was the most infamous scheme to rob thousands of freemen of their right of the elective franchise, that has ever been devised in this or any other country. The bill was created with much care and cunning, by certain prominent United States senators at Washington, and sent to Lecompton, with orders for its adoption without alteration or amendment.

It provides for the taking of a census, preparatory to an election to be held in June, 1857, for delegates to a convention to frame a state constitution, to be presented to the next Congress for its approval. At the election no citizen is allowed to vote, who was not in the territory on or before the 15th of March. The census takers and judges of election are the sheriffs and other officers appointed by the pro-slavery party,

and bound to its interests.

Agreeably to this regulation, the hundreds of free-state men who had been forcibly driven from their claims and homes during the past year's disturbances, and who, in consequence of the difficulty of travel, could not return until after the 15th of March, were disfranchised, as were also the thousands of emigrants that were expected to arrive after that period, and prior to the day fixed for the election. Whilst on the other hand, thousands of Missourians could simply cross the border into the territory, register their names as voters, and return to their homes to await the election. But even that trouble was at length considered unnecessary, for the sheriffs and census takers found it more convenient to carry their books into Missouri and there record their names. Although this was really done, the names of many of the most prominent and oldest free-state residents of the territory were never registered. Under the regulations of this bill the free-state people wisely concluded to take no part whatever in the election; for it was a matter of certainty that there was no possibility of justice being done them, and their participation in the fraud in any way would only be to give it their sanction. Had they resolved to vote, and showed a majority of three to one, the judges would have had no difficulty in returning them in the minority. The past history of the officials was a sufficient guarantee of what might be expected from their future conduct. To pretend that such men as Sheriff Jones would do anything like justice to the free-state residents, is simply an insult to the common sense of all who understand the history of the country. But even the possibility of the free-state people coming forward to vote, was guarded against by the insertion of a clause in the bill, intended for their intimidation, that the voting should be viva voce. Another feature of the bill is, that although it was framed expressly to defraud the free-state citizens of their rights, it requires them to pay a tax to assist in the accomplishment of the fraud.

Upon ascertaining the nature of this act, Governor Geary, before its passage, sent for the chairmen of the committees of the two branches of the Legislature, General Coffey of the Council and Colonel Anderson of the House, and informed them that if they would consent to add a clause referring the constitution that might be formed by the convention to the citizens of the territory, for their sanction or rejection, before its being submitted to Congress, he would waive all other objections, and give it his approval. The reply was, that that

suggestion had already been fully considered and discussed, and could not be adopted, as it would defeat the only object of the act, which was to secure, beyond any possibility of fail ure, the territory of Kansas to the south as a slave state. Any alteration in the bill would be fatal to their projects. Even should they allow the spring immigration to take part in the election, their plans would be frustrated. This, they said, was their last hope, and they could not let the opportunity pass unimproved. They had already, in anticipation of the passage of the bill, so apportioned the territory, and made such other preliminary arrangements, that the success of this grand project was placed beyond the reach of any contingency that might now occur.

The bill was passed by both houses and sent to the governor for his signature, who returned it with the following objections:

"Gentlemen of the Council of Kansas Territory:

"After mature consideration of the bill entitled 'An Act to provide for the taking of a census, and election for delegates to convention,' I am constrained to return the same without my approval.

"Passing over other objections, I desire to call your serious attention to a material omission in the bill.

“I refer to the fact that the Legislature has failed to make any provision to submit the constitution, when framed, to the consideration of the people, for their ratification or rejection.

"The position that a convention can do no wrong, and ought to be invested with sovereign power, and that its constituents have no right to judge of its acts, is extraordinary and untenable.

"The history of state constitutions, with scarcely an exception, will exhibit a uniform and sacred adherence to the salutary rule of popular ratification.

"The practice of the federal and state governments, in the adoption of their respective constitutions, exhibiting the wis dom of the past, will furnish us with a safe and reliable rule

of action.

"The federal constitution was first proposed by a convention of delegates from twelve states, assembled in Philadelphia. This constitution derived no authority from the first convention. It was submitted to the various states, fully discussed in all its features, and concurred in by the people of the states

in conventions assembled; and that concurrence armed it with power and invested it with dignity. Article seventh of the constitution makes the ratification of nine states, three-fourths of the number represented in the convention, essential to its adoption.

"In the adoption, not only of the federal constitution, but of nearly all the state constitutions, the popular ratification was made essential; and all amendments to those of most of the states are required to pass two legislatures, and then be submitted to the people for their approval.

"In Kentucky, especially, all amendments to the constitution must pass two legislatures, and for two years be submitted to the vote of the people, upon the question of convention or no convention, on the specific amendments proposed.

"Treaties made by ambassadors are not binding until duly ratified by their respective governments, whose agents they

are.

"Members of the legislature or of conventions are but the agents of the people, who have an inherent right to judge of the acts of their agents, and to condemn or approve them, as in their deliberate judgment they may deem proper.

"The fundamental law of a commonwealth so inseparably connected with the happiness and prosperity of the citizens, cannot be too well discussed, and cannot pass through too many ordeals of popular scrutiny.

"What delegates to conventions may do or what omit, cannot be known until they have assembled and developed their action. If the whole power be vested in them without recourse over to the people, there is no guarantee that the popular wishes will be fairly and fully expressed.

66

Although the people may have voted for a convention to form a state constitution, yet they have by no just rule of construction voted away the usual and universal right of ratification.

"Special instructions, covering every point arising in the formation of a constitution, cannot be given in the elections preliminary to a convention; and it is, therefore, proper that the action of the convention, necessarily covering new ground, should be submitted to the people for their consideration.

"The practical right of the people to ordain and establish governments is found in the expressive and beautiful preamble to the federal constitution- We the people,' &c., 'do ordain and establish this constitution.'