JAMES BUCHANAN.

WASHINGTON, _February 2, 1858_.

_To the Senate and House of Representatives of the United States_:

I 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 I would submit the same to the consideration of Congress "with the

view of the admission of Kansas into the Union as an independent State."

In compliance with this request, I herewith transmit to Congress, for

their action, the constitution of Kansas, with the ordinance respecting

the public lands, as well as the letter of Mr. Calhoun, dated 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 to the

condition of parties in Kansas. This arises from the difficulty of

inducing the American people to realize the fact that any portion of

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

parties in the States. This presents no adequate idea of the true state

of the case. The dividing line there is not between two political

parties, both acknowledging the lawful existence of the government,

but between those who are loyal to this government and those who have

endeavored to destroy its existence by force and by usurpation--between

those who sustain and those who have done all in their power to

overthrow the Territorial government established by Congress. This

government 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 condition 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 government, with a military leader at their

head of a most turbulent and dangerous character. They have never

acknowledged, but have constantly renounced and defied, the government

to which they owe allegiance, and have been all 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,

under the so-called Topeka constitution, in its stead. Even at this very

moment the Topeka legislature are in session. Whoever has read the

correspondence of Governor Walker with the State Department, recently

communicated to the Senate, will be convinced that this picture is not

overdrawn. He always protested against the withdrawal of any portion of

the military force of the United States from the Territory, deeming

its presence absolutely necessary for the preservation of the regular

government and the execution of the laws. In his very first dispatch

to the Secretary of State, dated June 2, 1857, he says:

The most alarming movement, however, proceeds from the assembling on

the 9th June of the so-called Topeka legislature, with a view to the

enactment of an entire code of laws. Of course it will be my endeavor

to prevent such a result, as it would lead to inevitable and disastrous

collision, and, in fact, renew the civil war in Kansas.

This was with difficulty prevented by the efforts of Governor Walker;

but soon thereafter, on the 14th of July, we find him requesting General

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

intelligence, 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 15 he informs the Secretary of

State that--

This movement at Lawrence was the beginning of a plan, originating

in that city, to organize insurrection throughout the Territory,

and especially in all towns, cities, or counties where the Republican

party have a majority. Lawrence is the hotbed 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 mercenaries who

are paid by abolition societies to perpetuate and diffuse agitation

throughout Kansas and prevent a peaceful settlement of this question.

Having failed in inducing their own so-called Topeka State legislature

to organize 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 communication immediately by mail, I must close

by assuring you that the spirit of rebellion pervades the great mass

of the Republican party of this Territory, instigated, as I entertain

no doubt they are, by Eastern societies, having in view results most

disastrous to the government and to the Union; and that the continued

presence of General Harney here is indispensable, as originally

stipulated by me, with a large body of dragoons and several batteries.

On the 20th July, 1857, General 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 August, of the new

insurgent Topeka State legislature.

* * * * *

The object of taking the names of all who refuse enrollment is to

terrify the Free-State conservatives into submission. This is proved

by recent atrocities committed on such men by Topekaites. The speedy

location of large bodies of regular troops here, with two batteries,

is necessary. The Lawrence insurgents await the development of this

new revolutionary military organization....

In the governor's dispatch of July 27 he says that "General Lane and his

staff everywhere deny the authority of the Territorial laws and counsel

a total disregard of these enactments."

Without making further quotations of a similar character from other

dispatches of Governor Walker, it appears by a reference to Mr.

Stanton's communication to General Cass of the 9th of December last that

the "important step of calling the legislature together was taken after

I [he] had become satisfied that the election ordered by the convention

on the 21st instant could not be conducted without collision and

bloodshed." So intense was the disloyal feeling among the enemies of the

government established by Congress that an election which afforded 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 government. The very first paragraph of the message

of Governor Robinson, dated on the 7th of 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 Territory. 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 Administration to regard the whole proceeding

revolutionary.

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 imaginary, 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 authorized by Congress have refused to vote for

delegates to the Kansas constitutional convention, and also afterwards

on the question of slavery, submitted 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 submitted to the people the

adherents of this organization would doubtless have voted against it,

because if successful they would thus have removed an obstacle out of

the way of their own revolutionary 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 ever resisted

the authority of the government authorized by Congress, from which it

emanated.

Such being the unfortunate condition of affairs in the Territory, what

was the right as well as the duty of the law-abiding people? Were they

silently and patiently to submit to the Topeka usurpation, or adopt the

necessary measures to establish a constitution under the authority of

the organic law of Congress?

That this law recognized the right of the people of the Territory,

without any enabling act from Congress, to form a State 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 institutions in their own way, subject only to

the Constitution of the United States," and then to say that they shall

not be permitted to 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

that Congress had no power to pass such an enabling act than to argue

that the people of a Territory might be kept out of 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 proceeded with more

regularity in the formation of a constitution than the people of Kansas

have done. It was necessary, first, to ascertain whether it was the

desire of the people to be relieved from their Territorial dependence

and establish a State government. For this purpose the Territorial

legislature in 1855 passed a law "for taking the sense of the people

of this Territory upon the expediency of calling a convention to form

a State constitution," at the general election to be 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 authority,

in framing a constitution of their own for the purpose of subverting

the Territorial government.

In pursuance of this decision of the people in favor of a convention,

the Territorial legislature, on the 27th day of February, 1857, passed

an act for the election of delegates on the third Monday of June, 1857,

to frame a State 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 _bona

fide_ inhabitant of the Territory of Kansas," on the third Monday of

June, the day of the election, who was a citizen of the United States

above the age of 21, and had resided therein for three months previous

to that date, was entitled to vote. In order to avoid all interference

from neighboring States or Territories with the freedom and fairness of

the election, provision was made for the registry of the qualified

voters, and in pursuance thereof 9,251 voters were registered. Governor

Walker did his whole duty in urging all the qualified citizens of Kansas

to vote at this election. In his inaugural address, on the 27th May

last, he informed them that--

Under our practice the preliminary 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 legislature,

created and still recognized by the authority of Congress and clothed

by it, in the comprehensive language of the organic law, with full

power to make such an enactment. The Territorial legislature, then,

in assembling this convention, were fully sustained by the act of

Congress, and the authority 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 Constitution to participate freely and fairly

in the election of delegates 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 can not

compel the performance of that duty. Throughout our whole Union,

however, and wherever free government prevails those who abstain from

the exercise of the right of suffrage authorize 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-government 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 constitution would ever be recognized by

Congress must have been abandoned. Congress had adjourned on the 3d

March previous, having recognized the legal existence of the Territorial

legislature in a variety of forms, which I need not enumerate. 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 inauguration.

This was the propitious moment for settling all difficulties in Kansas.

This was the time for abandoning the revolutionary Topeka organization

and for the enemies of the existing government to conform to the laws

and to unite with its friends in framing a State constitution; but this

they refused to do, and the consequences of their refusal to submit to

lawful authority and vote at the election of delegates may yet prove

to be of a most deplorable character. Would that the respect for the

laws of the land which so eminently distinguished the men of the past

generation could be revived. It is a disregard and violation of law

which have for years kept the Territory of Kansas in a state of almost

open rebellion against its government. It is the same spirit which has

produced actual rebellion in Utah. Our only safety consists in obedience

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 loose from its restraints and

everyone do what seemeth good in his own eyes our case will indeed be

hopeless.

The enemies of the Territorial government determined still to resist

the authority of Congress. They refused to vote for delegates to the

convention, 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 of Kansas in the early spring of 1857,

but because they had predetermined at all hazards to adhere to their

revolutionary organization 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

electors who refused to vote can never justly complain.

From this review it is manifest that the Lecompton 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 people 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 manner,

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 constituted, proceeded to frame a

constitution, and, having completed their work, finally adjourned on the

7th day of November last. They did not think proper to submit the whole

of this constitution to a popular vote, but they did submit the question

whether Kansas should be a free or a slave State to the people. This was

the question which had convulsed the Union and shaken it to its very

center. This was the question which had lighted up the flames of civil

war in Kansas and had produced 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 other

question. For my own part, when I 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 any attention. In fact, the general provisions

of our recent State constitutions, after an experience of eight years,

are so similar and so excellent that it would be difficult to go far

wrong at the present day in framing a new 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

constitution to a popular vote in order to give it validity. Had I

entertained such an opinion, this would have been in opposition to

many precedents 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 day carried out into

practice, that the people have the right to delegate to representatives

chosen by themselves their sovereign power to frame constitutions, enact

laws, and perform many other important acts 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 people upon

themselves, to exclude them from exercising their sovereignty in any

lawful manner they think proper. It is true that the people of Kansas

might, if they had pleased, have required the convention to submit the

constitution to a popular vote; but this they have not done. The only

remedy, therefore, in this case is that which exists in all other

similar cases. If the delegates who framed the Kansas constitution have

in any manner violated the will of their constituents, the people always

possess the power to change their constitution or their laws according

to their own pleasure.

The question of slavery was submitted to an election of the people of

Kansas on the 21st December last, in obedience to the mandate of the

constitution. Here again a fair opportunity was presented to the

adherents of the Topeka constitution, if they were the majority, to

decide this exciting question "in their own way" and thus restore peace

to the distracted Territory; but they again refused to exercise their

right of popular sovereignty, and again suffered the election to pass

by default.

I heartily rejoice that a wiser and better spirit prevailed among a

large majority of these people on the first Monday of January, and that

they did on that day vote under the Lecompton constitution for a

governor and other State officers, a Member of Congress, and for members

of the legislature. This election was warmly contested by the parties,

and a larger vote was polled than at any previous election in the

Territory. We may now reasonably hope that the revolutionary Topeka

organization will be speedily and finally abandoned, and this will go

far toward the final settlement of the unhappy differences in Kansas.

If frauds have been committed at this election, either by one or both

parties, the legislature and the people of Kansas, under their

constitution, will know how to redress themselves and punish these

detestable but too common crimes without any outside interference.

The people of Kansas have, then, "in their own way" and in strict

accordance with the organic act, framed a constitution and State

government, have submitted the all-important question of slavery to the

people, and have elected a governor, 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 whether they will

admit or reject the State which has thus been created. For my own

part, I am decidedly in favor of its admission, and thus terminating

the Kansas question. This will carry out the great principle of

nonintervention recognized and sanctioned by the organic act, which

declares in express language in favor of "nonintervention by Congress

with slavery in the States or Territories," leaving "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." In this

manner, by localizing the question of slavery and confining it to the

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 baneful influence throughout the whole country.

It is proper that I should briefly refer to the election held under

an act of the Territorial legislature on the first Monday of January

last on the Lecompton constitution. This election was held after 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 conducted 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 recognizing its valid existence in the most solemn and authentic

manner by voting under its provisions. I have yet received no official

information of the result of this election.

As a 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 consequence of its admission, and that fine Territory,

which has hitherto been torn by dissensions, will rapidly increase

in population and wealth and speedily realize the blessings and the

comforts which follow in the train of agricultural and mechanical

industry. The people will then be sovereign 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 expressed in an orderly

and lawful manner. They can make and unmake constitutions at pleasure.

It would be absurd to say that they can impose fetters upon their own

power which they can not afterwards 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 American freedom, and are recognized,

I believe, in some form or other by every State constitution; and if

Congress, in the act of admission, should think proper to recognize

them I 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, and therefore they have at all times an inalienable and

indefeasible right to alter, reform, or abolish their form of government

in such 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 by the previous constitution.

If, therefore, the provision changing the Kansas constitution after the

year 1864 could by possibility be construed into a prohibition to make

such a change previous to that period, this prohibition would be wholly

unavailing. The legislature already elected may at its very first

session submit the question to a vote of the people whether they will

or will not have a convention to amend their constitution and adopt

all necessary means for giving effect to the popular will.

It has been solemnly adjudged by the highest judicial tribunal known to

our laws that slavery exists in Kansas by virtue of the Constitution of

the United States. Kansas is therefore at this moment as much a slave

State as Georgia or South Carolina. Without this the equality of the

sovereign States composing the Union would be violated and the use and

enjoyment of a territory acquired by the common treasure of all the

States would be closed against the people and the property of nearly

half the members of the Confederacy. Slavery can therefore never be

prohibited in Kansas except by means of a constitutional provision, and

in no other manner can this be obtained so promptly, if a majority of

the people desire it, as by admitting it into the Union under its

present constitution.

On the other hand, should Congress reject the constitution under the

idea of affording the disaffected in Kansas a third opportunity of

prohibiting slavery in the State, which they might have done twice

before if in the majority, no man can foretell the consequences.

If Congress, for the sake of those men who refused to vote for delegates

to the convention when they might have excluded slavery from the

constitution, and who afterwards refused to vote on the 21st December

last, when they might, as they claim, have stricken slavery from the

constitution, should now reject the State because slavery remains in the

constitution, 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 country had indulged the hope that the Kansas and

Nebraska act would put a final end to the slavery agitation, at least in

Congress, which had for more than twenty years convulsed the country

and endangered the Union. This act involved great and fundamental

principles, and if fairly carried into effect will settle the question.

Should the agitation be again revived, should the people of the sister

States be again estranged from each other with more than their former

bitterness, this will arise from a cause, so far as the interests of

Kansas are concerned, more trifling and insignificant than has ever

stirred the elements of a great people into commotion. To the people of

Kansas the only practical difference between admission or rejection

depends simply upon the fact whether they can themselves more speedily

change the present constitution if it does not accord with the will of

the majority, or frame a second constitution to be submitted to Congress

hereafter. Even if this were a question of mere expediency, and not of

right, the small difference of time one way or the other is of not the

least importance when contrasted with the evils which must necessarily

result to the whole country from a revival of the slavery agitation.

In considering this question it should never be forgotten that in

proportion to its insignificance, let the decision be what it may so far

as it may affect the few thousand inhabitants of Kansas who have from

the beginning resisted the constitution and the laws, for this very

reason the rejection of the constitution will be so much the more keenly

felt by the people of fourteen of the States of this Union, where

slavery is recognized under the Constitution of the United States.

Again, the speedy admission of Kansas into the Union would restore peace

and quiet to the whole country. Already the affairs of this Territory

have engrossed an undue proportion of public attention. They have sadly

affected the friendly relations of the people of the States with each

other and alarmed the fears of patriots for the safety of the Union.

Kansas once admitted into the Union, the excitement becomes localized

and will soon die away for want of outside aliment. Then every

difficulty will be settled at the ballot box.

Besides--and this is no trifling consideration--I shall then be enabled

to withdraw the troops of the United States from Kansas and employ them

on branches of service where they are much needed. They have been kept

there, on the earnest importunity of Governor Walker, to maintain the

existence of the Territorial government and secure the execution of

the laws. He considered that at least 2,000 regular troops, under the

command of General Harney, were necessary for this purpose. Acting

upon his reliable information, I have been obliged in some degree to

interfere with the expedition to Utah in order to keep down rebellion in

Kansas. This has involved a very heavy expense to the Government. Kansas

once admitted, it is believed there will no longer be any occasion there

for troops of the United States.

I have thus performed my duty on this important question, under a deep

sense of responsibility to God and my country. My public life will

terminate within a brief period, and I have no other object of earthly

ambition than to leave my country in a peaceful and prosperous condition

and to live in the affections and respect of my countrymen. The dark

and ominous clouds which now appear to be impending over the Union

I conscientiously believe may be dissipated with honor to every portion

of it by the admission of Kansas during the present session of Congress,

whereas if she should be rejected I greatly fear these clouds will

become darker and more ominous than any which have ever yet threatened

the Constitution and the Union.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan · 第 32 / 249 题