The Kansas herald of freedom., 1857-12-12
Tia Topska Constitution.


Gen. LANE, in speech at Lecompton
the other day, said every vote cast against
the Lecompton Constitution would be a
vote in favor of the Topeka Constitution.
The General is laboring under gross
error, if he occupies that position; for We
know there are thousands Of as good Free
State men as there are in Kansas who OPP
pose the Topeka Constitution. They
say it was framed to meet an emergency;
that that emergency has passed away, and
that we have no need of it sose.
In addition to this they claim it has no
legality; that it is mere act of the peo-
pie, Independent of law. and that though
it may be considered of binding authority
on those concerned in getting it up. yet
it has none of the characteristics of
fundamental law of State which binds
the whole people of the State to it.
Votes given for it in the past are not
evidence of its popularity with the peo-
pie. Hundreds and probably thousands
voted for it in August last, who did so
because the Free State party decided
that it was advisable to do so, not be-
cause their better judgments approved
it.
The Topeka Constitution can never be
the law of Kansas until it is again sub
mitted to a Delegate Convention, convened
by legal authority, let politicians make as
many speeches as they may in its favor,
and declare as often as they msy that it
is the choice of the people. 1t seems to
US idle to talk so much about the Topeka
Constitution, and endeavor to make fealty
to it the touchstone to the Free State
party. To those who are determined to
fasten that instrument upon us, at what
ever cost, we would say that there is a
powerful hostility to it, which is growing
stronger daily: Notwithstanding the throw
ing up of hats, and the splitting of Threats
in its favor. The better way is to sub
NIT to destiny, take common sense
view Of the question, and, instead of try
ing to force that instrument down the
Threats of the people, and of Congress,
let them go to work and get it fairly and
legally before the people; have it ap-
proved by them through a Delegate Con-
stitutional Convention, properly elected
by law; let that instrument be submitted
to fair vote of the people without any
fraud; then, if adopted, and approved by
Congress, our troubles would be at an end
1t has been proposed to submit the To.
peka Constitution and the Lecomptor
Constitution side by side. The effect
would be to weaken the force of the vote
given against the Lecompton Constitution
and not strengthen in the least the Topeka
Constitution, for it would still lack the
legal endorsement so necessary to give il
validity.
Were the question properly presented
we have no doubt very large majority
of the people, were it not for the Fedora
Judges now here, would decide in favor o.
remaining for some time longer in Ter
ritorial condition, since they have contro
of the law-making power. 1t is urged
that the Probate Courts can be clothed
with authority, and that the Distric
Courts can be measurably superseded
If SO, the great objection to continuing il
a Territorial condition would be removed
and We could go on prosperously year Oh
two yet, without having to look after the
cares of, or pay the expense of a State
Government.
To the Topeka Constitution, as such
we have no objection on the contrary, il
it shall be submitted to the people by a
legitimate Delegate Convention, We will
give it our enthusiastic support, as will a
vast majority of those who are now either
openly opposed to it, or who silently feel
hostility to it.