Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-12-19

terrain as to the power of the Legislature in any
manner to intefere with the proceedings OF the
Convention Bot there can be 10 question as 10
your authority to provide, by suitable law loT
fair expression of the will of the people, upon She
vital question of approving the Constitution
highest act OF sovereignty, the act OF oeIesat
ing appropriate powers in the best form OF "oroS
and with the proper limitations, TO state organ
ization so deeply involves the dearest riehts anu
interests Of the people, that the very safety Vi our
whole system of self government demands, IN an
cases INIT sspecisIIy where any doubt or dissatis'
faction prevails an unequjvOcal ratification OF the
Constitution to be adopted
Perhaps q msiorirv Of the people may accept the
instrument nov before them, in one or the other OF
the forms in which it IS pre- ented cy the CouEeu
ton In that case there could be TO GROUND Of
COMPLIANT: for doubs not the whole p op'e VIII
cheeriug acouiesce in the will ct the majority
fairly ascertaif ei On the other hand, II The peo-
pie should decide against the Constitution 10 ooth
forms, it would not be possible for Congress WIN
a violation Of all popular rights, to ADMIT nan
s4s into the Union under it. J be way would then
be fairly open for the passage Of any other appro-
pirate measure, by virtue OF which th7 PeoPe, re-
HeVed from all former endorsements, couli eject
their deleg ties to a convention, and estaoiish h1H
own Institutions, in ihair own way, in accordance
with the provisions of the organic act, ana the lu
damental principles Of self government.
Il is difficult 10 what objection could be ra's ID
to such law, passed at the present time, ana TO DE
executed cOtem DoTaueOGsy it'll the vote upOH the
Constitution, as provided by the Convention. Tat
BODY itself had its existence from the authority OF
the Legislative Assembly. This constitutes rs
whole title to regularity and legitimacy for no valid
claim can be based upon any supposed recognition
by the people inasuuch the great majority OF
them rerlined from all participation il tn election
If that Convention thus deriving its authority SOLE
II from the L .gislatiVe enactment which called 1t
fr+C 90 n IN a H.
tuition for the State Of Kansas, without actually
submitting it to the people, the same Legislature
may, With equal regularity and legality, provide
for independent vote of the people upon the &C
tua ratification Of the instrument which Is sought
to be imposed upon them. 1t Is not 10 be sup
posed that Congr will disr gard the voice of the
people, legally expressed in the manner proposed,
whether its decision shall be for or against the
Constitution.
n pursuance of these views I recomend the
passage of a law, directing election 10 be heI1,
either under existing regulations, or in pursuance
of other suitable provisions to be expressed IN the
act in which the people shall be authorized 10 vote
for the Constitution, in either of the forms present
ted by the Convention, and also against that Con-
stitution in both forms As any law attemptiugtO
control the officers of the Convention and those
acting under them, would b. Of more than doubt
full validity, and might be wholly disregardcd by
them, it would be prudent to provide Tor separate
proceeding under diff rent officers, but 1t might be
of great convenience TO the people, and of some
efficiency for the o. ects in view, to hold this cleo
non at the same timr and at the same places pro-
gied for in the proclamation Of the President OF
the late Convention, IN order that the T suit may
be communicated Congress, at the earliest prac-
tic Die moment, the sovereign will Of the people
of Kansas.
1t would seem to me, that this single act will be
sufficient to meet this whole emergency, and 10
dispel the excitement which now threatens the
peace of the Territory. If it be adopted, substan-
TALLY in the form proposed, without any em0aT-
RAISING adtucts calculated to arouse prejudice and
to produce discord, the earnest directness and
unity of the act, looking alone to the one great
and rightful end of ascert4iuing the true will OF
the people and securing its ascendancy, cannot taII
to commend il to the APPRECIATION OF ali PatrOuc
hearts III the Territory and throughout the Union.
The laws now prevailing in this Territory, pro"
vide for the proper punishment OF Iiegl! and frau
dulcut voting; but there is no provision which VIII
reach the case of fraudulent returns. The case OF
the late Oxford precinct, in johnson county, was
an enOrmty so great, that 1t has nowhere been de-
Tended or justified. Yet the evil consequences OF
it are seen in the fact, that even the late CouVen-
ton has been so far impOs upon, that IN its ap-
portionment for the Site Legislature under the
Constitution, it has ASSIGNED to John on county
four Representatives, which must necessarily be
based on tie VIGOROUSLY false returns from that
county. In order TO meet the apprehenslons natu-
rally growing out of these Circumstances, recon-
mend the adoption of provision, making it feio-
ny, with suitable punishment for any judge or
clerk Of election, kDO in II 10 pIa on the poll
books the names of persons not actually present
and voting, or otherwise corruptIy to make false
returns either of the election held by order OF the
Convention, OF any other election to be held IL
this Territory.
| cannot close this communication without eX-
pressing NY deep regret that the absence of the
Governor in this grave emergency, will deprive
you of the benefit of his wise and patriotic coun-
sell His great experience in public aft IRIS, his
profound knowledge OF the causes and effects OF
political action, would have been of intiuite servc'
TO the Territory In this dangerous crisis. Upon al
OCCASIONS, where he has addressed the people, Otfi
Cally otherwise, upon the affairs Of the Terrific
~, he has uniformly proclaimed his determination
to exert all his official power and all his personal
influence, to secure to the people OF Kansas the
right to decide fully and ind, pandentiy, upon the
adoption of L cir own Institutions. Although my
authority as Acting Governor, i, wholly indepeu-
dent Of his, and cannot commit him in any way
for my acts, | conceive that in taking the respon
siblc step Of calling you together and making the
recommendations now su mittnd, I am but follow
ing to IT'S logical conclusion, his whole policy, 10
all of which / have heretofore cordially COucurred
That your laboTs may be cir cted to the stain
meut of only good ends, that benign Providence
may preside over yCur delber tons and give you
wisdom and mod ration, and forbearinca, such
shall be- appropriate and efficient TO alhy the
element and dispel the dangers which surround
this distracted community, Is the ernest hope
and pray r, with which / commit TO you the grave
interests upon which you arr called to act.
FRED p. STANTON.