The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-20

A VIC OOASA hu1coU tCo-hCttlc vi EOpul6f
sovereignty"is not mended, it will not bs for the
wanto of tinkers. While the free State Legislature
isin session at Lecompton, devising the ways and
means to extinguish the Lecompton constitu-
ton, two popular sovereignty" bills have been
introduced into Congress-one by Mr.. Douglas
in the Senate, the other hV Mr. Banks in the
House.
Of five persons, to'be appointed by the Presi-
dent and confirmed by the Senate, to make an
enumeration Of the inhabitants Of Kan
sas, and fair apportionment of members
to the Convention also, provides for an
election to be held on q day designated by
the Board not less than ninety nor more than
one hundred and twenty days from the passage
of this act ALSO provides that the Board shall
be entrusted with the appointment of Judges
and places of voting, which is to be confined to
every free white male citizen of the United
States over twenty-one years who may be a bona
fde inhabitant of the Territory on the 2lst of
December, and who shall have resided three
months prior to said election in the county in
which be offers to vote also, provides that the
Convention shall assemble at not less than thir
ty nor more than sixty days after the election
of the delegates; also, provides that the Con-
stitution shall be submitted to the legal voters,
for their free acceptance or rejection, and I'M
less adopted by majority of the legal votes
cast. shall be null and void. The bill secures
the personal and political rights of the people,
including those of speech and the press.
The bill introduced in the House by Mr..
Banks is drawn up after the pattern of the Min
nesota Enabling act and provides for the for
nation of a constitution and State government,
by authorizing the legal voters, on the first
| Monday in March, TO elect delegates-two for
each representative in the Territorial Legislature
who shall assemble at the capital on she first
Monday in -, and determine by vote whe
ther the people of Kansas wish her to be admitted
into the Union at that time, and, If so, shall form
constitution, and take all necessary steps for
the the establishment of State government,
subject to the approval and ratification of
the people of Kansas. The other sections of
Mr.. Banks bill relate to the census upon which
to base the election of representatives, to land
for schools, universities public buildings, salt
springs, DC.
Under ordinary circumstances, either Of
these bills would answer the purpose very we'll;
but under the extraordinary circumstances
which surround this Kansas difficulty, they are
both in advance of a practical opening for the
| introduction of any such expedients in Con-
gress. The late Lecompton Convention (pro-
slavery has provided that a popular vote upon
the slavery clause of its constitution shall be
taken on the 2lst December tomorrow; and
in the meantime il is probable that the free State
Legislature will have provided for an election,
in the bulk, as between the Topeka and the
Lecompton constitution. Should there be no
violent collision between these conflicting
parties and authorities at the polls, the result
will most probably be the adoption Of the
Lecompton constitution by the Lecompton
party, with mo slavery" and the adoption of
the Topeka constitution by the Topeka Tor
free State) party, and the transmission of both
to Congress by the same steamboat down the
Missouri.
Upon the law, the authorities, the facts,
figures and vouchers, touching The adoption of
these two constitutions respectively, Con-
gress may be called upon to make an
election, and the difficulties which may
thus arise on both sides may make some such
compromise as that of Mr.. Douglas, or that of Mr..
Banks, the best course to pursue. So far as any
proceedings have occurred in Kansas in behalf
of State organization, the law and the legal
authority have been on the side of the Lecomp-
ton Convention; and this is the position of the
administration. If the President, like Mr.. Doug
| las or Mr.. Walker, could go behind the legal
facts in the case, he might be justified had he
adopted different view Of the subject from that
laid down in the Message. But the President
cannot go behind the record, for his functions
are neither judicial nor legislative, but purely
of an executive character. Grant him the
power to set aside or supersede the local legis-
tive authorities, good or bad, of Territory,
and we make him the absolute despot over the
Territories lie has avoided any such assump-
ton Of power, In recognizing the local Legisla-
ture Of Kansas as he found II, and in recog-
nizing the proceedings which have subsequently
occurred under its authority, including the pro-
ceedings Of the Lecompton Convention.
Within o week or two, however, the whole
issue may be presented under such a state of
facts from Kansas as to leave the President
perfectly free to abandon or to abide by the Lee
compton constitution. II the regular Territorial
Legislature has not been, and cannot be, super
seeded by a Constitutional Convention in the
interval to the appointed ratification Of the
State constitution, hen the constitutional cleo
ton, under the authority Of the Legislature.
will he at least as valid as that ordered by the
Lecompton Convention. Admitting the validity
Of both elections the administration and Con-
gress will be perfectly free to abandon the
Lecompton constitution, and to provide for
new constitutional election should the popular
vote be against the whole Lecompton pro-
gramme. We say new election, inasmuch as