The Kansas herald of freedom., 1857-01-17

quenee, constrain us TO cultivate o
ireyerential awe for the Constitution as
the sheet-anchor of our safety, and bid
us, in good faith, to carry out all its
lprovisions.
i Many of the statutes are excellent,
and we'll suited TO our vents and con
EDITION but in order that they may
freceiye that respect and sanction which
BIS the vital principle of all law, let
Isuch be abolished as arenot eminently
lust, and will not receive the fullest
appreciation of the people. / trust
you will test them all BY the light OF
the general and fundamental prinei-
tples of our government, and that all
that win not bear this ordeal. be re-
vised, amended, or repealed. TO
some of them which strike my mind
as objectionable, your candid and spe-
cial attention is respectfully invited.
/ By carefully comparing the Organic
Act, as printed In the statutes, with a
certified copy of the same from the De-
partment of State, important dis
crepancies, omissions and additions
will be discovered. therefore recon-
mend the appointment of a commit
tee to compare the printed statutes
with the original rolls on file in the
Secretary's Office, to ascertain whether
the same liberty has been taken with
them as appears to have been taken
with the act under which they were
made.
Of the numerous errors discovered
by me in the copy of the Organic Act,
as printed in the statutes, l will refer
to one in illustration Of my meaning.
In the 29th section, defining the Ex-
ecutive authority, will be found the
following striking against
the laws of said Territory, and re-
prieyes for offences" This omission
impairs the Executive authority, and
deprives the Governor of the pardon
ing power for offences committed
against the laws of the Territory"
/ which Congress. for the wisest and
most humane reasons, has conferred
upon him.
The Organic Act requires every bill
to be presented to the Governor, and
demands his signature, as the evi-
dcnce of his approval, before it can
become law. The statutes are defec-
tive in this respect, as they do not
contain the date of approval, nor the
proper evidence of that fact, by having
| the Governors signature.
Your attention is invited to chapter
30, in relation to county boundaries.
The boundary of Douglas county is
imperfect, and in connection with
Shawnee county, is an absurdity for
both counties. The boundary lines of
all the counties should be absolutely
established. 3.
Chapter A, establishing the Pro-
bate Court, also requires attention.
The Act is good generally, SO far as it
relates to the organization and duties
of the Court. But all provisions in
this and other acts vesting the ap-
pointment of Probate Judges, Coun-
" Commissioners, and other public
officers in the Legislative Assembly,
should at once be repealed, and the
unqualified right of election conferred
upon the people, whose interests are
Immediately affected by the acts of
those officials. The free and unre-
stricted right of the people to select
all their own agents, is a maxim so
well settled in political ethics, and
springs SO legitimately from the doc
trines of self-government, that l need
only allude to the question to satisfy
every one of its justice. The "peo-
pie must be perfectly free" to regulate
their own business in their own way );
and when the voice of the majority is
fairly expressed, all will bow to it as
the voice of God. Let the people,
then, rule in neverything. have every
confidence in the virtue, intelligence.
and "sober thought" of the toillng
millions. The deliberate popular
| judgment is never wrong. When in
times ofexcitement the popular mind
may be temporarily obseured from the
dearth of correct information, or the
mists of passion, the day of retribu-
tion and justice speedily follows, and
a summary reversal is the certain re-
suit. Just and patriotic sentiment is
sure reliance for every honest public
servant. The sovereignty of the peo-
pie must be maintained.
Section 18th Of this Act allows writs
of habeas corpus to be issued by the
Probate Judge, but leaves him no au-
thority to hear the case and grant JUS
tiee, but refers the matter to the ssnext
term Of the. District Court" The
several "terms" of the District Court
are at stated periods, and the provis-
ion alluded to amounts to a denial of
justice and virtually suspension of
the great writ of liberty contrary to
'the letter and spirit of the Constitu-
ton of the United States"
Many provisions of chapter &C, en-
titled elections" are Objectionable.
Section llth, requiring certain ''testI
oaths'' as prerequisites to the right Of
suffrage, is wrong, unfair, and unequal
upon citizens of different sections of
the Union. It is exceedingly invidi-
GUS to require obedience to any special
enactment. The peculiar features of
these test oaths should be abolished
and all citizens presumed to be law
abiding and patriotic until the contra
ry clearly appears. Sworn obedience
to particular statutes has seldom se-
cured that object. Justice viii ever
commend itself to the support of all
honest men, and the surest means of
insuring the ready execution of law,
is to make it SO pre-eminentiy Just,
equal, and impartial, as to command
the respect of those whom it is intend.
ed to affect.
Section 36th denriyes electors of.