ate — that they, by a majority of their votes, shall decide for themselves what
s-hiiii be their constitution and what shall be their social institutions. On
this subject I desire, I repeat, to read you an extract from my innaugural ad-
dress to the people of the territory of Kansas, together with the views of the
Prei-^idenL of the United States:

"Indeed, I cannot doubt that the convention" — I mean the convention which
is aboiiL to meet in September next — "after having framed a state constitu-
tion, will submit it for ratification or rejection to a majority of the then
actual, bona fide resident settlers of Kansas."

"With these views, well known to the President and cabinet, and ap-
proved Ly them, I accepted the appointment of governor of Kansas. My in-
structions Irom the President, through the secretary of state, under the date
of the GOtli of March last, sustain the 'regular legislature of the territory' in
"assembling a convention to form a constitution,' and they express the opinion
CI the President, that 'when such a constitution shall be submitted to the
people of (he territory, they must be protected in the exercise of their right of
voting for or against that instrument; and the fair expression of the popular
will must not be interrupted by fraud or violence.' "

I come new on my own individual views: "I repeat, then, as my clear con-
viction, that unless the convention submit the constitution to the vote of all
the actual resident settlers of Kansas, and the election be fairly and justly con-
ducted, the constitution will be and ought to be rejected by Congress." [Cries
of "^'•ood.'"]

(Jenllemen, on this subject I wish that there should be no mistake, no mis-
apprehension, as regards my opinions and the policy which I shall deem it
my duty to pursue in the administration of the executive department of the
territory of Kansas. It is involved in a few simple words: That the majority
of the people of Kansas must govern [cries of "right"] ; that the majority of
the people of Kansas must adopt their own constitution or reject it; that the
majoi-ity of the people of Kansas at the polls must decide whether they will
have a free or a slave state. [Applause.]

Indeed, under whatever specious disguises any other doctrine may be pre-
sented, I believe that the man who desires the minority of the people shall
establish institutions for the majority is, whatever he may call himself,
neither a democrat nor a republican, but a monarchist, or an aristocrat. He
desires ihat the few shall govern the many; whereas, the great fundamental
doctrine which lief, at the basis of all our American institutions, upon which
they all lepose, and which has been carried into successful operation in every
other .state but Kansas, and which, gentlemen, with your aid and cooperation
to sustain me, it is my sincere hope shall obtain its fullest realization here, is
the rule of the majority.

Now, then, gentlemen, as to the mode in which this is to be accomplished.
I presume we all agree — at least I hope we do — to the doctrine that the ma-
jority of the people of Kansas shall establish their own constitution, and in-
troduce tnch social institutions as the majority prefer. But how is this to be
dune? The Congiess of the United States has established for Kansas but one
mode of fif.-lion on this subject, and that action is through the territorial legis-
lature.

Now, none of you can regret more than I do any of those deplorable and



Governor Walkers Administration. 293



calamitous circumstances which have taken place in the past. For myself, I
wish to (iverlook the past and look forward to a better and brighter future.
That lorriiorial legislature has, in respect to the authority over this ques-
tion, been recognized by the acts of Congress of 1854 and 1857. That legis-
lature has called a convention to assemble in September next. That consti-
tution they will or they will not submit to a vote of the majority of the then
actual refiicent settlers of Kansas. If they do not thus submit it, I will join
you. fellow citizens, in lawful opposition to their course. [Cries of "good,"
and cheers..! And I cannot doubt, gentlemen, that one much higher than I,
the chief magistrate of the union, will join you in opposition. But for my-
self, I cannot doubt that that convention will submit such an instrument as
they may ii ame for the adoption or rejection of the whole people of Kansas —
to all who now are or then may be, actual, bona fide resident settlers of Kansas.
Then, in pursuance of the method designated by the laws of your country,
by the instructions of the chief magistrate of the union, who was placed there
by the people and sworn by them to execute the laws, I do not entertain a
doubt but that convention will submit, to the whole of the then bona fide set-
tlers of Kansas, the determination for themselves, by an actual majority of
the whole people, whether they shall adopt or reject that constitution. If
they reject it, there is an end of that convention. It has performed its office.
It has adjourned, never to meet again. [A voice, "What next?"] What next,
you ask, gentlemen? There are two other very easy exits from the difficulty,
and, as the question is a practical one, I propose to answer it. In October
next, not under the act of the late territorial legislature, but under the laws
01 Congress, you, the whole people of Kansas, have a right to elect a delegate
to Congress, and to elect a territorial legislature; and through that legislature
you can speak your views, and instruct them either to call a new convention to
submit a new constitution for the consideration of the people, or you can in-
struct your delegate to Congress, chosen by a majority of your own votes, to
ask Congress to pass a law authorizing the people of Kansas to form a state
constitution for themselves.

It is quite certain, gentlemen, that in this mode there is, in any event, a
peaceful, tranquil, quiet exit from all the embarrassments and difficulties by
which you are surrounded, and that the time is rapidly coming, if it has not
already arrived, when the rule of justice and the people shsll prevail in
Kansas. [Cheers.]

Then, gentlemen, what is the other mode which is presented? You are
about to have assembled here at Topeka, next week, what is called the state
legislature: for they tell you that they are now about to convene a legisla-
ture for the state of Kansas. Who elected that legislature? [A voice, "The
people."] The people! why the whole vote given for your so-called constitu-
tion, as claimed by yourselves, was but 1,731; whereas there are now registered
over 10,000 votes as residents here on the 15th of March last, exclusive of
the tliousands omitted or who have arrived here since that date. The people!
Do you mean to tell me that 1,731 votes constitutes the whole number of votes
in the territory of Kansas? [A voice, "That was a year and a half ago."]
But should those 1,731 votes a year and a half ago impose a constitution for all
time to come upon the present people of Kansas? [A voice, "Not against
their will."] Should the constitution be submitted to their will for adoption,
or not? [Voice, "Yes."] That, gentlemen, is the great question so far as
they are concerned. But I understand you claim to be a state now, and that
your so-called legislature, chosen by a small number of votes, propose next



294 Kansas State Historical Society.



week to enact laws to be enforced in Kansas. The miserable minority, con-
stituting not one-tenth of the present people of Kansas, propose, in absolute
defiance of the acts of Congress, and in open rebellion, mark you, gentlemen!
not only against the territorial laws, but against the laws and government
of the United States to assemble here, and, representing 1,731 people, impose
this constitution by force upon the people of Kansas by the enactment of
laws. [A voice, "Where are those 10,000 voters that are not on the record?"]
Some inadvertently omitted, many who would not register, and thousands
who arrived since the 15th of March last. As regards the register, how-
ever, I say to you that it is of comparatively little consequence, if the con-
stitution be submitted to the whole people.

It may suit the purposes of faction to ask such questions by those who re-
fused to register; but the substantive fact is, that the constitution can be of no
force or effect unless it is submitted to the vote of the people, and if it is so
submitted it is for them to declare whether they will adopt it or not. But
here comes a body of men acting in defiance of the laws of Congress, and in
open rebellion against the government of the United States, representing, ac-
cording" to their own statement, less than one-tenth of the people of Kansas,
who come forward and say that the people next fall shall not decide this
question! That neither you, nor I, nor any of our fellow citizens elsewhere
throughout the territory, shall have the right to determine whether we shall
accept the new constitution, or reject it!

Gentlemen, I come here for purposes of peace and pacification. I come
here to inaugurate the rule of law, of justice to the whole people of Kansas, by
giving them all an opportunity of adopting their own constitution instead of
allowing a handful of 1,731 men to thrust a constitution on them, by adopting
a code of laws; for I am told that they have actually a code of laws prepared
by their various committees, cut and dried, to put in operation as soon as they
meet, binding the whole people of the territory, and depriving them of the
right to decide on their own form of government and to adopt their own consti-
tution.

Now, then, I repeat, that I come here for the purpose of restoring and per-
petuating peace; but I tell you candidly that my instructions and my oath of
office require me to put down the execution of such laws, and for the good of
the people of Kansas, they must and they will be put down. [Cries of "Never,
never!" A voice, "Do not the people of the United States say that those laws
are right?"] The people of the United States have just elected a President
who declares that such laws would be unconstitutional, null, and void. [A
voice, "Who cares?"] Nay, more; the people of the United States have just
elected a majority to Congress who entertain the same opinion with him.
This is a matter involving the peace, happiness and prosperity of the whole
people. Your towns will advance in importance and wealth, your claims will
increase in value, harmony and good will will reign throughout the territory,
if the people who are now here, and who will be here in November or Decem-
ber next, will only decide for themselves what shall be their own form of gov-
ernment and their own social institutions.

But what is it this legislature proposes to do? Without the slightest
necessity, without the slightest pretext or apology under the mode of adjust-
ment now proposed — I speak not now as regards the past; I wish to God that
you, and I, and all of us, could rub out the past. [A voice, "It cannot be
done"; another voice, "Rub out the bogus laws."] Rub them out, gentlemen,
if you please, by a vote of the people. [A voice, "We cannot get that."] You



Governor Wallctr^s Administration. 295



can get that. [A voice, "Give us a fair vote at the next election."] You will
get that. At the next election, in October, when you elect the territorial legis-
lature, you can repeal those laws, and you can then, also, by a majority of
your own votes, adopt or reject the constitution presented for your consider-
ation next fall.

Now, what, I ask again, is proposed to be done by this legislature? It is
proposed to put in operation a body of laws. But you must remember the
passage of laws is no farce. It is not a humbug. [A voice, "It has been
here."] A law is a command; it exacts obedience from the whole people,
and is to be actually put in force in the territory. What is the consequence?
Why you thus produce an absolute, clear, direct and positive collision be-
tween that legislature and the government of the United States. There are
two sets of laws, then, to govern you. Every man's contract, every man's
title, every man's possession, will then be involved in difficulty, and in the
course of three or four months you will have a large importation of lawyers.
[A voice, "We have plenty of them now." Laughter.] It will involve you
in endless litigation, from which there will be no possible extrication. Now,
gentlemen, is there any necessity for this. [A voice, "None; not a bit; there
never was."] Can you not peacefully decide this question in the mode
pointed out by the act of Congress, if, as you can and will have, a fair and
full opportunity of recording your vote? [A voice, "Why have we not had
it?"] Gentlemen, I was not governor of Kansas and Mr. Buchanan was not
President of the United States. [A voice, "How are we to get it?"] You will
get it by the convention submitting the constitution to the vote of the whole
people. [A voice, "Who is to elect the convention? That is the grand ques-
tion."] Gentlemen, it is a comparatively small point by whom the consti-
tution is to be submitted. Do n't let us run away after shadows. Do not re-
fuse to register and then say you can't vote. The great substantial point is
this: Will the whole people of Kansas next fall, by a fair election, impartially
and fairly conducted by impartial judges, have an opportunity to decide for
themselves what shall be their form of government and what shall be their
social institutions? I say they will, but I go a step farther. [A voice, "Have
you got the power?"] If I have not the power to bring it about; if the con-
vention will not do it, I will join you in lawful opposition to their proceedings.
[Cries of "Good, good." A voice, "We will hold you to your promise." An-
other voice, "How are we to vote for this here convention?" Another voice,
"Nothing can be asked fairer than he says."]

Well, gentlemen, I have no power to repeal the laws that have been passed
in reference to the convention, and if those laws have not been fairly executed
it is simply no fault of mine. [A voice, "Has not James Buchanan power to
repeal those laws?" Another voice, "Hasn't he sanctioned them?"] He has
had nothing to do with them; but the Congress of the United States has
authorized the territorial legislature to pass laws. The President of the
United States has taken an oath to carry the laws into effect, and it is for you,
if you are opposed to those laws, through the people's vote, to repeal them.
[A voice, "We cannot get at them."] There is not the least difficulty about
your getting at them. [A voice, "Keep out Missouri, and we will do well
enough."] Well, gentlemen, I pledge myself to do that, so far as my power
is concerned; and I do not doubt that you are not in any event to have re-
enacted here the scenes of the past; but, so far as my power is concerned, I
pledge myself that the people of Kansas, and of Kansas alone, and not the
people of Missouri or of Massachusetts, or of any other state, shall interfere,



296 Kansas State Historical Society.

even by one single vote, to decide for the people of Kansas what shall be
their institutions. [A voice, "That is my doctrine." Cries of "Good, good."]
But, gentlemen, they shall decide it for themselves. When these views of
mine are not carried into effect, when you see that you will not have a full
and fair opportunity to decide for yourselves what shall be your form of gov-
ernment and your social institutions, it will then be time enough to com-
plain of me, and not till then. [Several voices, "That is right." Another
voice, "What about the bogus laws?"]

And now I am asked, what about the bogus laws? Why, your very gov-
ernor, Mr. Robinson, has acknowledged those bogus laws by putting into
effect a charter passed by that bogus legislature, and so have many of you,
and nearly all the people of Kansas. And if the bogus legislature has power
to pass charters it has power to pass any other law not in conflict with the
constitution of the United States. [A voice, "How are those inspectors to be
appointed?"] They must be appointed fairly and impartially, of course.
[A voice, "Who is to appoint them?"] I doubt not that the convention will
prescribe a fair, just, and impartial method, as they do in other states. [A
voice, "They did, in giving us 280 voters in this county." Laughter.] Well,
gentlemen, let us look at that question. What have these 280 voters to do,
if you have all a fair vote next fall on the constitution? [A voice, "There
has been no census taken."] That has nothing on earth to do with the ques-
tion. But while I most deeply regret and deplore the circumstance that
there has been an insufficient census, what am I to think, when told by those
who profess to represent the republican party of this territory, who tell you
that you should neither register nor vote. You were kept from registering,
as you all know, by following the advice of these party leaders of yours, and
then complain you cannot vote. You could have registered here if you
pleased, and hundreds in this territory, since hearing my plan, have expressed
to me their deep regret that they had not registered; and many of your county,
since my arrival, have changed their position and resolved to vote. Every
man who responds that he will not acknowledge those laws has been deprived
of no privilege in not being registered, because he declares that, whether
registered or not, he will not vote. If you dislike the convention, do you
best oppose it by standing aloof and allowing a majority of other persons
to adopt their constitution, or by voting down that instrument? If you do not
vote next fall, for or against that instrument, when you have a fair chance,
Congress will act as though you had. No, you cannot defeat the constitution
by refusing to vote. [A voice, "The governor is right, and we will vote
then."]

Now, gentlemen, I really believe I have detained you too long. There is
nothing on earth that I love more than free opinion, a free press, and popu-
lar discussion. [Cries of "Right."] Instead of objecting to it, I love to
hear some few of you differ from me or ask questions. Come, let us reason
together. Discarding passion and prejudice, regretting as you and I do all
the difficulties that have occurred in the past, let us ask ourselves this great
practical question: What is best for the great future of Kansas? [A voice,
"The Topeka constitution."] Well, gentlemen, I hope no one will say so, un-
less the man who believes that 1,731 voters should deprive some 20,000 or
30,000 voters now in the territory or that soon will be here of deciding their
own form of government for themselves. [A voice, "How was it when the
people of Missouri came here?"] I have nothing to do with the people of
either Missouri or Massachusetts. I am only looking to the future. And I



Governor Walker^s Administration. '2%



say, if you desire war [Loud cries of "No, no!"]; if you desire conflict ["No,
no!"]; you desire to enter into a rebellion, not against the territorial laws
only, but against the government of the United States ["No, no!"], all you
have to do is to set up the state government against the government approved
by the President and the acts of Congress, by the present enactment of state
laws. [A voice, "Not now."] There cannot be a state government without
a state governor, nor without his superseding the governor appointed by the
President of the United States under the laws of Congress. There cannot
be a state government without state judges, and there cannot be state judges
without their superseding the judges appointed by the President of the United
States under the laws of Congress, or a state legislature without superseding
the territorial legislature. It means that, or it means nothing. Surely this
IS open rebellion against the government of the United States, to which you
tell me you do not mean to resort.

Now, then, gentlemen, I return you my most sincere thanks for the kind
and indulgent attention with which you have listened to my remarks. [A voice,
"What as to the taxes?"] Long before I am called on for any official action,
the reign of law, of justice and of the people will be so fully established here
that, as good citizens, you will all cheerfully pay this small pittance to sup-
port your own government. [A voice, "We will have a great deal more con-
fidence in the vote of the people to be given next fall if you will tell us by
what authority the judges are to be appointed."] I will answer that ques-
tion, for I have no doubt it is fairly asked and in a fair spirit. [The voice,
"It certainly is."] I will say then to you, gentlemen, that if you do not ap-
point a fair and impartial mode by which the majority of the actual, bona
fide resident settlers of Kansas shall vote, through the instrumentality of
impartial judges, I will join you all in lawful opposition to their doings, and
the President and Congress will reject their constitution. [A voice, "Will
the convention appoint impartial judges?"] It is their duty to do so. [A
voice, "Will they do so?"] Gentlemen, I am not the convention, but I do not
doubt they will give you impartial judges. [A voice, "I will ask the governor
if there is any one who will be allowed to vote for this convention except
those registered?"] As regards the past, I have got no power to recall it.
The past is irrevocable, even by almighty power, and I profess to have very
little power, much less such power as that. Over the past I have no control;
but over the future I have; and I say to you, that unless a full and fair op-
portunity is given to the whole people of Kansas to decide for themselves
what shall be their form of government, including the great sectional question
which has so long divided you — unless, I repeat, they grant you such an
opportunity, I have one power of which no man or set of men can deprive me,
and to which I shall unhesitatingly resort, and that is to join you in lawful
opposition to their acts. [Cries of "Good, good," and loud applause, during
which the governor withdrew.]

Hon. F. P. Stanton, the territorial secretary, was introduced by the chair-
man, and addressed the assemblage in an eloquent, brilliant and most effective
speech.

A brief and most able address by Hon. E. O. Perrin terminated the pro-
ceedings.

[Herald of Freedom, June 20, 1857.]



-19



298 Kansas ^tate Historical Society.



MILITARY OPERATIONS.

[From Rep. U. S. Sec. of War, 1857, pp. 94-131 ; 35 Cong., 1st Sess., Sen. Ex. Doc. No. 11.]

LIST OF DOCUMENTS ACCOMPANYING THE REPORT OF THE AD.JUTANT-GENERAL

Cheyenne Expedition.

Letter from Col. E. V. Sumner to the assistant adjutant-general at the head-
quarters of the army, August 9, 1857.

Letter from Col. E. V. Sumner to the assistant adjutant-general at the head-
quarters of the army, August 11, 1857.

Letter from Col. E. V. Sumner to the assistant adjutant-general at the head-
quarters of the army, September 20, 1857.

Troopfi in Kansas.

Letter from the adjutant-general to Gen. W. S. Harvey, May 8, 1857, inclos-
ing—

No. 1. Letter from the adjutant-general to Gen. P. F. Smith, April 1, 1857.

No. 2. Letter from the adjutant-general to the commanding officer at Fort
Leavenworth, April 28, 1857.

No. 3. Letter from the adjutant-general to the commanding officer at Fort
Leavenworth, October 6, 1855.

No. 4. Letter from the adjutant-general to the commanding officer at Fort
Leavenworth, January 30, 1856.

Letter from Gen. W. S. Harney to the secretary of war, September 25, 1857,
inclosing —

No. 1. Letter from Gov. R. J. Walker to Gen. W. S. Harney, September 21,
1857.

No. 2. Letter from Gen. W. S. Harney to Gov. R. J. Walker, September 22,
1857.

No. 3. Letter from Capt. A. Pleasonton to Lieut. -Col. J. E. Johnston, Sep-
tember 22, 1857.

No. 4. Letter from Capt. A. Pleasonton to Maj. J. Sedgwick, September 22,
1857.

No. 5. Letter from Capt. A. Pleasonton to Maj. J. Sedgwick, September 24,
1857.

No. 6. Letter from Capt. A. Pleasonton to Lieut. -Col. J. E. Johnston, Sep-
tember 25, 1857.

No. 7. Proclamation of Gov. R. J. Walker, September 10, 1857.

Letter from Gen. W. S. Harney to the secretary of war, October 5, 1857, in-
closing —

No. 1. Letter from Gov. R. J. Walker to Gen. W. S. Harney, September 26,
1857.

No. 2. Letter from Gen. W. S. Harney to Gov. R. J. Walker, September 27,
1857.

No. 3. Special order No. 77, headquarters troops in Kansas, September 26,
1857.

No. 4. Letter from Capt. A. Pleasonton to Maj. W. T. Sherman, September