CHAPTER XXV.
The Convention that had been called to frame a State Constitution, and in which election the Free State men had taken no part, had met to do its work in September of 1857, and finished in November; but to the last it refused to make provision to submit the Constitution, when framed, to a vote of the people, for acceptance or rejection. But in place of this thing, had virtually said to them: "You must accept this Constitution whether you like it or not. We will allow you to vote for the Constitution with slavery; or, for the Constitution without slavery; but you must vote in every contingency for the Constitution."
But admitting the people had voted for the Constitution without slavery, still a trap was set for them in the following proviso, which would still remain an integral part of the Constitution.
"If, upon such examination of such poll-books it shall appear that a majority of the legal votes cast at said election be in favor of the 'Constitution with no slavery,' then the article providing for slavery shall be stricken from this Constitution, and slavery shall no longer exist in the State of Kansas; except that the right of property in slaves now in this Territory shall in no manner be interfered with."
Thus, which ever way they should vote, Kansas would still remain a slave State. Of course the Free State men did not walk into the trap, but staid away from the election, which was ordered for December 21, 1857; and the Constitution was adopted by a strictly one-sided vote. And now Gov. Walker began to realize in the bitterness of his heart that "uneasy lies the head of him that wears a crown." He had staked his manhood, his veracity, his honor, his everything, that this Constitution, when framed, should be submitted to a vote of the people for acceptance or rejection, and now he was to be put to shame in the eyes of the whole world; and Gen. Lane was proved a true prophet when he had said to the Governor with such withering power: "Gov. Walker, you can't control your allies." Mr. Walker was able to show a private letter from President Buchanan, assuring him in the most positive terms, that this Constitution, when framed, should be submitted to a vote of the people; but of what avail was such a promise? There was a power behind the throne at Washington stronger than the throne itself; and Gov. W. was able to see what a hollow mockery was that power which he supposed himself to possess.
The Governor made known to the people that he would be absent on business for three or four weeks; and he went away to Washington, never more to return. There was neither pity nor justice for him there; and in unspeakable disgust he resigned; and Mr. Stanton took the oath of office and reigned as Governor for one month. Then he also was removed, and Gov. Denver took his place. Thus, five Kansas Governors had each in their turn been officially decapitated. Stanton had been superseded by Denver because he had called a special session of the now Free State Legislature, and it had ordered an immediate election to vote for or against the Lecompton Constitution, and at this election 10,226 votes were polled against it.
It had been intended that under whip and spur Kansas should be admitted by Congress as a slave State before the time should arrive for the regular assembling of the Territorial Legislature, which had now passed into the hands of the Free State men; but by calling a special session of the Legislature, he had enabled that body to order an immediate election, that should give official evidence that an overwhelming majority of the people were opposed to the Lecompton Constitution.
And now Stephen A. Douglas, at Washington, came forward as State Senator from Illinois and made it impossible that Kansas should be admitted as a State unless that document should first be submitted to the people for acceptance or rejection. A bill to this effect was finally passed by Congress. It was called the English bill. It proffered a magnificent bribe if the people would accept the Lecompton Constitution—five million five hundred thousand acres of public land should be given to Kansas; besides other munificent donations. But the English bill also contained a menace as well as a bribe. It threatened that if the people rejected this offer they should be remanded back for an indefinite period, to all the miseries of a Territorial life.
In the face of such a menace, and tempted by such a bribe, the whole voting population of the Territory turned out at the election, which was ordered to be held August 2, 1858. At this election, 1,788 votes were cast for the Constitution, and 9,512 against it. From whence then came this overwhelming majority? The majority of the Free State party was about two to one. "Wilder's Annals," the best extant Free State authority, puts it at this. "The Free State or Republican party has carried every election in Kansas since this date (1857), usually by two to one." But here is a majority of six to one; and we must go outside of the Free State or Republican party to find it. Dr. John H. Stringfellow wrote at this time to the Washington Union against the admission of Kansas under the Lecompton Constitution. He says: "To do so will break down the Democratic party at the North, and seriously endanger the interests and peace of Missouri and Kansas, if not of the whole Union."
Judge Tutt, of St. Joseph, Mo., had said to the South Carolinians: "I was born in Virginia, and have lived forty years in Missouri. I am a slave-holder, and a Pro-slavery man; and I desire Kansas to be made a slave State, if it can be done by honorable means. But you will break down the cause you are seeking to build up." And Judge Tutt voiced the sentiments of a large number of Pro-slavery men and slave-holders in Kansas.