Page:The History of Slavery and the Slave Trade.djvu/690

 could have been held without them. There were no judges, justices of the peace, or other officers to conduct an election of any kind, until appointed by the legislature. It was the exercise of a power which the first legislative assembly in every territory must of necessity exercise, in order to put the local government in motion. We see nothing in this to justify revolution or a resort to force. The law for the protection of slave property has also been much misunderstood. The right to pass such a law is expressly stated by Governor Reeder in his inaugural message, in which he says: 'A territorial legislature may undoubtedly act upon the question to a limited and partial extent, and may temporarily prohibit, tolerate or regulate slavery in the territory, and in an absolute or modified form, with all the force and effect of any other legislative act, binding until repealed by the same power that enacted it.' There is nothing in the act itself, as has been charged, to prevent a free discussion of the subject of slavery. Its bearing on society, its morality or expediency, or whether it would be politic or impolitic to make this a slave state, can be discussed here as freely as in any state in this Union, without infringing any of the provisions of the law. To deny the right of a person to hold slaves under the law in this territory is made penal; but beyond this, there is no restriction to the discussion of the slavery question, in any aspect in which it is capable of being considered. We do not wish to be understood as approving of all the laws passed by the legislature; on the contrary, we would state that there are some that we do not approve of, and which are condemned by public opinion here, and which will, no doubt, be repealed or modified at the meeting of the next legislature. But this is nothing more than what frequently occurs, both in the legislation of congress and of the various state legislatures. The remedy for such evils is to be found in public opinion, to which, sooner or later, in a government like ours, all laws must conform."

A few days after Governor Reeder dissolved his official relation with the legislature, on account of the removal of the seat of government, and while that body was still in session, a meeting was called by "many voters," to assemble at Lawrence on the 14th or 15th of August, 1855, "to take into consideration the propriety of calling a territorial convention, preliminary to the formation of a state government, and other subjects of public interest." At that meeting the following preamble and resolutions were adopted with but one dissenting voice:

"Whereas, the people of Kansas territory have been since its settlement, and now are, without any law-making power: therefore,

"Be it resolved, that we, the people of Kansas territory, in mass meeting assembled, irrespective of party distinctions, influenced by a 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 and predilections, to consult together in their respective election districts, and in mass convention or otherwise, elect throe delegates for each representative of the legislative assembly, by proclamation of Governor Reeder of date 10th 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 be admitted as a state into the Union of the United States of America."

This meeting, so far as your committee have been able to ascertain, was the first step in that series of proceedings which resulted in the adoption of a constitution and state government, to be put in operation on the 4th of the present