ton convention. The Free State men re- to participate in the election, and the result fused to recognize the call, made little, if as returned was 6,143 votes in favor of any, preparation for the election, yet on slavery, and 589 against it. The constituthe last day a number of them voted for tion was annonnced as adopted, an election State officials and a member of Congress was ordered on the first Monday of Januunder the Lecompton constitution. This ary, 1858, for State officers, members of the had the effect of suspending hostilities be- Legislature, and a member of Congress. tween the parties, yet peace was actually The opponents of the Lecompton constitumaintained only by the intervention of tion did not now refrain from voting, partly U. S. troops, under the command of Col. because of their desire to secure the repreSumner, who afterwards won distinction sentative in Congress, but mainly to secure in the war of the rebellion. The Free an opportunity, as advised by their State State people stood firmly by their Topeka officers, to vote down the Lecompton conconstitution, and refused to vote on ques-stitution. Both parties warmly contested tions affecting delegates to the Lecompton the result, but the Free State men won, and convention. They had no confidence in with their general victory secured a large Governor Walker, the appointee of Presi- majority in the Legislature. dent Buchanan, and his proclamations passed unheeded. They recognized their own Governor Robinson, who in a message dated December 7th, 1857, explained and defended their position in these words:

"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 Doceeding as revolutionary."

The ballots of the Free State men were now headed with the words "Against the Lecompton Constitution," and they returned 10,226 votes against it, to 134 for it with slavery, and 24 for it against slavery. This return was certified by J. W. Denver, "Secretary and Acting Governor," and its validity was endorsed by Douglas in his report from the Senate Territorial Committee. It was in better accord with his idea of popular sovereignty, as it showed almost twice as large a vote as that cast under the Lecompton plan, the fairness of the return not being disputed, while that of the month previous was disputed.

But their previous refusal to vote on the Lecompton constitution gave their opponents an advantage in position strangely at variance with the wishes of a majority of the people. The President of that convention, J. Calhoun, forwarded the document to the President with an official request that it be submitted to Congress. This was done in a message dated 2d February, 1858, and the President recommended the admission of Kansas under it.

The Lecompton convention, proclaimed by Governor Walker to be lawfully constituted, met for the second time, Sept. 4th, 1857, and proceeded to frame a constitution, and adjourned finally Nov. 7th. A large majority of the delegates, as in the first, were of course pro-slavery, because of the refusal of the anti-slavery men to participate in the election. It refused to submit the whole constitution to the people, it is said, in opposition to the desire of President Buchanan, and part of his Cabinet. It submitted only the question This message occasioned a violent debate of whether or not slavery should exist in in Congress, which continued for three the new State, and this they were required months. It was replete with sectional to do under the Kansas-Nebraska act, if abuse and bitterness, and nearly all the indeed they were not required to submit it members of both Houses participated. It all. Yet such was the hostility of the finally closed with the passage of the pro-slavery men to submission, that it was "Act for the admission of the State of only by three majority the proposition to Kansas into the Union," passed May 4th, submit the main question was adopted-a 1858. This Act had been reported by a confession in advance that the result was committee of conference of both Houses, not likely to favor their side of the con- and was passed in the Senate by 31 to 22, troversy. But six weeks' time was also and in the House by 112 to 103. There allowed for preparation, the election being was a strict party vote in the Senate with ordered for Dec. 21st, 1857. Still another the exception of Mr. Douglas, C. E. Stuart advantage was taken in the printing of the of Michigan, and D. C. Broderick of Calballots, as ordered by the convention. The ifornia, who voted with the Republican method prescribed was to endorse the bal- minority. In the House several antilots, "Constitution with Slavery," and Lecompton democrats voted with the Re"Constitution with no Slavery, thus com- publican minority. These were Messrs. pelling the voter, however adverse his Adrian of New Jersey; Chapman of Pennviews, as to other parts of the Constitution, sylvania; Clark of New York; Cockerill to vote for it as a whole. As a consequence, of Ohio; Davis of Indiana; Harris of Il(at least this was given as one of the rea-linois; Haskin of New York; Hickman gons) the Free State men as a rule refused of Pennsylvania; McKibben of California;

SEC. 4. Any person who shall mali

life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection of such slave.

.Marshall of Illinois; Morgan of New SEC. 3. In the prosecution of slaves for York; Morris, Shaw, and Smith of Illinois. crimes of higher grade than petit larceny, The Americans who voted with the Repub- the legislature shall have no power to delicans were Crittenden of Kentucky; Davis prive them of an impartial trial by a petit of Maryland; Marshall of Kentucky; jury. Ricaud of Maryland; Underwood of Kentucky. A number of those previously ciously dismember, or deprive a slave of classed as Anti-Lecompton Democrats voted against their colleagues of the same faction, and consequently against the bill. These were Messrs. Cockerill, Gwesheck, Hall, Lawrence, Pendleton and Cox of Ohio; English and Foley of Indiana; and Jones of Pennsylvania. The Americans who voted against the bill were Kennedy Bill of Rights, SEC. 23. Free negroes of Maryland; Anderson of Missouri; Eus- shall not be allowed to live in this state tis of Louisiana; Gilmer of North Caro- under any circumstances. lina; Hill of Georgia; Maynard, Ready and Zollicoffer of Tennessee; and Trippe of Georgia.

Lecompton Constitution.

Free Negroes.

ARTICLE VIII.-Elections and Rights of
Suffrage.

SEC. 1. Every male citizen of the United States, above the age of twentyone years, having resided in this state one

The following are the political features year, and in the county, city, or town in of the Lecompton constitution:

ARTICLE VII.-Slavery.

SEC. 1. The right of property is before and higher than any constitutional sanction, and the right of the owner of a slave to such slave and its increase is the same,

and as inviolable as the right of the owner of any property whatever.

SEC. 2. The legislature shall have no power to pass laws for the emancipation of slaves without the consent of the owners, or without paying the owners previous to their emancipation a full equivalent in money for the slaves so emancipated. They shall have no power to prevent emigrants to the state from bringing with them such persons as are deemed slaves by the laws of any one of the United States or territories, so long as any person of the same age or description shall be continued in slavery by the laws of this state: Provided, That such person or slave be the bona fide property of such emigrants: And provided, also, That laws may be passed to prohibit the introduction into this state of slaves who have committed high crimes in other states or territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have power to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect or refusal to comply with the direction of such laws, to have such slave or slaves sold for the benefit of the owner or

owners.

which he may offer to vote, three months next preceding any election, shall have the qualifications of an elector, and be entitled to vote at all elections. And every male citizen of the United States, above of the state at the time this constitution the age aforesaid, who may be a resident shall be adopted, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote ex

cept in the county in which he shall actually reside at the time of the elec

tion.

The Topeka Constitution. The following are the political features of the Topeka constitution:

Slavery.

Bill of Rights, SEC. 6. There shall be no slavery in this state, nor involuntary servitude, unless for the punishment of crime.

Amendments to the Constitution.

SEC. 1. All propositions for amendments to the constitution shall be made by the General Assembly.

SEC. 2. A concurrence of two-thirds of the members elected to each house shall be necessary, after which such proposed amendments shall be again referred to the legislature elected next succeeding said publication. If passed by the second legislature by a majority of two-thirds of the members elected to each house, such amendments shall be republished as aforesaid, for at least six months prior to the next general election, at which election such proposed amendments shall be submitted to the people for their approval or

rejection; and if a majority of the electors | rejected it by a majority of 9,513, and Kan-. voting at such election shall adopt such sas was not admitted under the Lecompton amendments, the same shall become a part constitution.

of the constitution. Finally, and after continued agitation, SEC. 3. When more than one amend-more peaceful, however, than that which ment is submitted at the same time, they characterized the earlier stages of the strugshall be so submitted as to enable the gle, the territorial legislature of Kansas electors to vote upon each amendment called an election for delegates to meet and separately. No convention for the forma- form a constitution. They assembled in tion of a new constitution shall be called, convention at Wyandot, in July, 1859, and and no amendment to the constitution reported a constitution prohibiting slavery. shall be, by the general assembly, made This was adopted by a majority exceeding before the year 1865, nor more than once 4000, and under it Kansas was admitted to in five years thereafter. the Union on the 29th of January, 1861. The comparative quiet between the reSubmission of Constitution to the People.jection of the English proposition and the Schedule, SEC. 2. That this constitution adoption of the Wyandot constitution, was shall be submitted to the people of Kansas at one time violently disturbed by a raid for ratification on the 15th day of December next. That each qualified elector shall express his assent or dissent to the constitution by voting a written or printed ticket, labelled "Constitution," or "No Constitution;" which election shall be held by the same judges, and conducted under the same regulations and restrictions as is hereinafter provided for the election of members of the general assembly.

The Douglas Amendment. The following is the Douglas amendment, which really formed the basis of the bill for admission:

"It being the true intent and meaning of this act not to legislate slavery into any state or 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."

The bill which passed on the 4th of May was known as the English bill, and it met the approval of Buchanan. To the measure was attached "a fundamental condition precedent," which arose from the fact that the ordinance of the convention accompanying the constitution claimed for the new State a cession of the public lands six times greater than had been granted to other States, amounting in all to 23,500,000 acres. In lieu of this Congress proposed to submit to a vote of the people a proposition specifying the number of acres and the purposes for which the money arising from their sale were to be used, and the acceptance of this was to be followed by a proclamation that "thereafter, and without further proceedings from Congress the admission of the State of Kansas, into the Union, upon an equal footing with the original States in all respects whatever, shall be complete and absolute." The condition was never fulfilled, for the people at the election on the 2d of August, 1858,

made by John Brown at Harper's Ferry, with a view to excite the slaves to insurrection. This failed, but not before Gov. Wise, of Virginia, had mustered his militia, and called for the aid of United States troops. The more radical anti-slavery men of the North were at first shocked by the audacity of an offense which many looked upon as an act of treason, but the anxiety of Virginia to hang Brown and all his followers who had been captured alive, changed a feeling of conservatism in the North to one of sympathy for Brown and deeper hatred of slavery. It is but fair to say that it engendered hostility to the Union in the South. The right and wrong of slavery was thereafter more generally discussed than ever. The talent of the South favored it; while, with at least a large measure of truth it can be said that the talent of the North opposed it. So bitter grew the feeling that soon the churches of the sections began to divide, no other political question having ever before disturbed the Union.

We have not pretended to give a complete history of the Kansas trouble either in that State or in Congress, nor yet a full history of the many issues raised on questions which were but subsidiary to the main one of slavery. Our object is to show the relation of the political parties throughout that struggle, for we are dealing with the history of parties from a national view, and not with battles and the minor questions or details of parliamentary struggles. · The contest had cemented the Democrats of the South as it had the Republicans of the North; it divided both the Democrats of the North and the Americans in all sections. John Bell, of Tennessee, and Sam Houston of Texas, recognized leaders of the Americans, had shown their sympathy with the new stand taken by Douglas, as early as 1854. Bell, however, was less decided than Houston, and took his position with many qualifications. Houston opposed even the repeal of the Missouri Compromise, and made the last speech

against it in the Senate. He closed with these words:

"In the discharge of my duty I have acted fearlessly. The events of the future are left in the hands of a wise Providence, and, in my opinion, on the decision which we make upon this question must depend union or disunion."

and minority of the committee, again made opposite and conflicting reports on the question of slavery in the Territories. On this question the committee had divided from the beginning, the one portion embracing the fifteen members from the slaveholding States, with those from California and Oregon, and the other consisting of the members from all the free States east of the Rocky Mountains. On all other questions both reports substantially agreed. The following is the report of the major

These sentiments were shared by many Americans, and the great majority of them drifted into the Republican party. The Abolitionists from the beginning of the struggle, allied themselves with the Repub-ity made on this subject by Mr. Avery, of licans, a few of their leaders proclaiming, however, that this party was not sufficiently advanced in its views.

The Charleston Convention.

else its constitutional authority extends. 3d. That when the settlers in a Territory having an adequate population form a State Constitution, the right of sovereignty commences, and being consummated by admission into the Union, they stand on an equal footing with the people of other States, and the State thus organized ought to be admitted into the Federal Union whether its constitution prohibits or recognizes the institution of slavery."

North Carolina, the chairman of the committee: "Resolved, That the platform adopted by the Democratic party at Cincinnati be affirmed with the following explanatory resolutions: 1st. That the Government of a Territory, organized by an act of Congress, is provisional and temporary, and during its existence all citizens Such was the condition of the parties of the United States have an equal right when the Democratic national convention to settle with their property in the Terrimet at Charleston, S. C., on the 23d of tory, without their rights, either of person April, 1860, it being then the custom of or property, being destroyed or impaired the Democratic party, as it is of all major- by Congressional or Territorial legislation. ity parties, to call its convention first. It 2d. That it is the duty of the Federal Govwas composed of delegates from all the ernment, in all its departments, to protect, thirty-three States of the Union, the whole when necessary, the rights of persons and number of votes being 303. After the ex-property in the Territories, and wherever ample of former Democratic conventions it adopted the two-third rule, and 202 votes were required to make nominations for President and Vice-President. Caleb Cushing, of Mass., presided. From the first a radical difference of opinion was exhibited among the members on the question of slavery in the Territories. Almost the entire Southern and a minority of the Northern portion believed in the Dred Scott decision, and held that slave property was as valid under the constitution as any other class of property. The Douglas delegates stood firmly by the theory of popular sovereignty, and avowed their indifference to the fact whether it would lead to the protection of slave property in the territories or not. On the second day a committee on resolutions consisting of one member from each State, selected by the State delegates, was named, and then a resolution was resolved unanimously "that this convention will not proceed to ballot for a candidate for the Presidency until the platform shall have been adopted." On the fifth day the committee on resolutions presented majority and minority reports. After a long discussion on the respective merits of the two reports, they were both, on motion of Mr. Bigler, of Pennsylvania, re-committed to the Committee on Resolutions, with a view, if possible, to promote harmony; but this proved to be impracticable. On the sixth day of the Convention (Saturday, April 28th,) at an evening session, Mr. Avery, of North Carolina, and Mr. Samuels, of Iowa, from the majority

The following is the report of the minority, made by Mr. Samuels, of Iowa. After re-affirming the Cincinnati platform by the first resolution, it proceeds: "Inasmuch as differences of opinion exist in the Democratic party, as to the nature and extent of the powers of a Territorial Legisla ture, and as to the powers and duties of Congress, under the Constitution of the United States, over the institution of slavery within the Territories, Resolved, That the Democratic party will abide by the decisions of the Supreme Court of the United States upon questions of constitutional law."

After some preliminary remarks, Mr. Samuels moved the adoption of the minority report as a substitute for that of the majority. This gave rise to an earnest and excited debate. The difference between the parties was radical and irreconcilable. The South insisted that the Cincinnati platform, whose true construction in regard to slavery in the Territories had always been denied by a portion of the Democratic party, should be explained and