who had been forcibly driven from their claims and homes, and who would not return so early as the 15th of March, were disfranchised, as well as the thousands who would become citizens of the territory before the day of election. Under these regulations the free state party concluded to take no part in the elections. There was a clause in the bill, intended for their intimidation, that the voting should be viva voce. Another feature of the bill was, that, although it was framed to defraud the free state citizens of their rights, it required them to pay a tax to assist in the accomplishment of the fraud.
"Governor Geary, before the passage of the bill, sent for the chairmen of the committees of the two branches of the legislature, and informed them that if they would consent to add a clause referring the constitution that might be framed 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. They replied to him, that the suggestion had already been fully discussed, and could not be adopted, as it would defeat the only object of the act, which was to secure, beyond any possibility of failure, the territory of Kansas to the south as a slave state. They had already, in anticipation of the passage of the bill, so apportioned the territory, that the accomplishment of this grand object was placed beyond the reach of any contingency.[1] The bill passed both houses, and was sent to the governor, who returned it with the following objections:
Gentlemen of the Council of Kansas Territory:
After mature consideration of the bill entititled "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 wisdom 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
- ↑ Dr. Gihon's History of Kansas.
