good faith； they did participate in the October elections to the territorial Legislature； electing nine out of the thirteen councilors and twenty…four out of the thirty…nine representatives。 Gross frauds had been perpetrated in two districts； and the Governor made good his promise by rejecting the fraudulent votes。 In one case a poll list had been made up by copying an old Cincinnati register。 In the meantime； thanks to the abstention of the free…state people； the pro…slavery party had secured absolute control of the constitutional convention。 Yet there was the most absolute assurance by the Governor in the name of the President of the United States that no constitution would be sent to Congress for approval which had not received the sanction of a majority of the voters of the Territory。 This was Walker's reiterated promise； and President Buchanan had on this point been equally explicit。 When； therefore； the pro…slavery constitutional convention met at Lecompton in October； Kansas had a free…state Legislature duly elected。 To make Kansas still a slave State it was necessary to get rid of that Legislature and of the Governor through whose agency it had been chosen； and at the same time to frame a constitution which would secure the approval of the Buchanan Administration。 Incredible as it may seem； all this was actually accomplished。 John Calhoun； who had been chosen president of the Lecompton convention； spent some time in Washington before the adjourned meeting of the convention。 He secured the aid of master…hands at manipulation。 Walker had already been discredited at the White House on account of his rejection of fraudulent returns at the October election of members to the Legislature。 The convention was unwilling to take further chances on a matter of that sort； and it consequently made it a part of the constitution that the president of the convention should have entire charge of the election to be held for its approval。 The free…state legislature was disposed of by placing in the constitution a provision that all existing laws should remain in force until the election of a Legislature provided for under the constitution。 The master…stroke of the convention； however； was the provision for submitting the constitution to the vote of the people。 Voters were not permitted to accept or reject the instrument； all votes were to be for the constitution either 〃with slavery〃 or 〃with no slavery。〃 But the document itself recognized slavery as already existing and declared the right of slave property like other property 〃before and higher than any constitutional sanction。〃 Other provisions made emancipation difficult by providing in any case for complete monetary remuneration and for the consent of the owners。 There were numerous other provisions offensive to free…state men。 It had been rightly surmised that they would take no part in such an election and that 〃the constitution with slavery〃 would be approved。 The vote on the constitution was set for the 21st of December。 For the constitution with slavery 6226 votes were recorded and 569 for the constitution without slavery。 While these events were taking place； Walker went to Washington to enter his protest but resigned after finding only a hostile reception by the President and his Cabinet。 Stanton； who was acting Governor in the absence of Walker； then called together the free…state Legislature； which set January 4； 1858； as the date for approving or rejecting the Lecompton Constitution。 At this election the votes cast were 138 for the constitution with slavery； 24 for the constitution without slavery； and 10；226 against the constitution。 But President Buchanan had become thoroughly committed to the support of the Lecompton Constitution。 Disregarding the advice of the new Governor； he sent the Lecompton Constitution to Congress with the recommendation that Kansas be admitted to the Union as a slave State。 Here was a crisis big with the fate of the Democratic party； if not of the Union。 Stephen A。 Douglas had already given notice that he would oppose the Lecompton Constitution。 In favor of its rejection he made a notable speech which called forth the bitterest enmity from the South and arrayed all the forces of the Administration against him。 Supporters of Douglas were removed from office； and anti…Douglas men were put in their places。 In his fight against the fraudulent constitution Douglas himself； however； still had the support of a majority of Northern Democrats； especially in the Western States； and that of all the Republicans in Congress。 A bill to admit Kansas passed the Senate； but in the House a proviso was attached requiring that the constitution should first be submitted to the people of Kansas for acceptance or rejection。 This amendment was finally accepted by the Senate with the modification that； if the people voted for the constitution； the State should have a large donation of public land； but that if they rejected it； they should not be admitted as a State until they had a population large enough to entitle them to a representative in the lower House。 The vote of the people was cast on August 2； 1858； and the constitution was finally rejected by a majority of nearly twelve thousand。 Thus resulted the last effort to impose slavery on the people of Kansas。 Although the war between slavery and freedom was fought out in miniature in Kansas； the immediate issue was the preservation of slavery in Missouri。 This； however； involved directly the prospect of emancipation in other border States and ultimate complete emancipation in all the States。 The issue is well stated in a Fourth of July address which Charles Robinson delivered at Lawrence； Kansas； in 1855； after the invasion of Missourians to influence the March election of that year； but before the beginning of bloody conflict： 〃What reason is given for the cowardly invasion of our rights by our neighbors？ They say that if Kansas is allowed to be free the institution of slavery in their own State will be in danger 。。。。 If the people of Missouri make it necessary； by their unlawful course； for us to establish freedom in that State in order to enjoy the liberty of governing ourselves in Kansas； then let that be the issue。 If Kansas and the whole North must be enslaved； or Missouri become free； then let her be made free。 Aye！ and if to be free ourselves； slavery must be abolished in the whole country； then let us accept that due。 If black slavery in a part of the States is incompatible with white freedom in any State； then let black slavery be abolished from all。 As men espousing the principles of the Declaration of the Fathers； we can do nothing else than accept these issues。〃 The men who saved Kansas to freedom were not abolitionists in the restricted sense。 Governor Walker found in 1857 that a considerable majority of the free…state men were Democrats and that some were from the South。 Nearly all actual settlers； from whatever source they came； were free…state men who felt that a slave was a burden in such a country as Kansas。 For example； during the first winter of the occupation of Kansas； an owner of nineteen slaves was himself forced to work like a trooper to keep them from freezing； and； indeed； one of them did freeze to death and another was seriously injured。 In spite of all the advertising of opportunity and all the pressure brought to bear upon Southerners to settle in Kansas； at no time did the number of slaves in the Territory reach three hundred。 The climate and the soil made for freedom； and the Governors were not the only persons who were converted to free…state principles by residence in the Territory。
CHAPTER XIII。 THE SUPREME COURT IN POLITICS The decision and arguments of the Supreme Court upon the Dred Scott case were published on March 6； 1857； two days after the inauguration of President Buchanan。 The decision had been agreed upon many months before； and the appeal of the negro； Dred Scott； had been decided by rulings which in no way involved the validity of the Missouri Compromise。 Nevertheless； a majority of the judges determined to give to the newly developed theory of John C。 Calhoun the appearance of the sanctity of law。 According to Chief Justice Taney's dictum； those who made the Constitution gave to those clauses defining the power of Congress over the Territories an erroneous meaning。 On numerous occasions Congress had by statute excluded slavery from the public domain。 This； in the judgment of the Chief Justice； they had no right to do； and such legislation was unconstitutional and void。 Specifically the Missouri Compromise had never had any binding force as law。 Property in slaves was as sacred as property in any other form； and slave…owners had equal claim with other property owners to protection in all the Territories of the United States。 Neither Congress nor a territorial Legislature could infringe such equal rights。 According to popular understanding； the Supreme Court declared 〃that the negro has no rights which the white man is bound to respect。〃 But Chief Justice Taney did not use these words merely as an expression of his own or of the Court's opinion。 He used them in a way much more contemptible and inexcusable to the minds of men of strong anti…slavery convictions。 He put them into the mouths of the fathers of the Republic； who wrote the Declaration of Independence； framed the Constitution； organized state Governments； and gave to negroes full rights of citizenship； including the right to vote。 But how explain this strange inconsistency？ The Chief Justice was equal to the occasion。 He insisted that in recent years there had come about a better understanding of the phraseology of the Declaration of Independence。 The words； 〃All men are created equal；〃 he admitted； 〃would seem to embrace the whole human family； and if they were used in a similar instrument at this day they would be so understood。〃 But the writers of that instrument had not； he said； intended to include men of the African race； who were at that time regarded as not forming any part of the people。 Thereforestrange logic！these men of the revolutionary era who treated negroes actually as citizens having full equal rights did not understand the meaning of their own words； which could be comprehended only after three…quarters of