White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1857-12-24

I
tuition in both forms, it would not /.
possible for Congress, without violasOo
Of all popular rights, to admit KuDs..
into the Unien under it. The way wonId
then be fairly open for the passage of An.
other appropriate measure, by. virtue u
which the people, relieved from all FL,
mer embarrassment, could elect tbs;.
delegates to Convention and establ.S
their own institutions, in their own waV.
in accordance with the provisions Of X.
Organic Act, and the fundamental urin.
ciples Of self-government.
1t is difficult to see what obiectioD
could be raised to such law. passed At
the present time and to be executed en-.
temporaneously with the vote upon Il.
Constitution, as provided BY the Con,
vention. That body itself had its exis.
tence from the authority of the Legisa.
tive Assembly. This constitutes its Who'll.
title to regularity and legitimacy; for No
valid claim can be based upon any sup.
posed recognition by the people, inasmuob
as the great majority of them refrain from
all participation in the election. If that
Convention, thus deriving its AUTHORITY
solely from the legislative enactment
which called it into existence, can send
ND to Congress a Constitution for the
State Of Kansas, without actually sub
hitting it to the people. the same Legs.
lature may, with equal regularity and
legality, provide for an independent vote
of the people upon the actual ratification
of the instrument which is sought to Be
imposed upon them. 1t is not to be sup.
pose, that Congress will disregard the
voice of the people, legally expressed in
the manner proposed, whether its De.
cision shall be for or against the COnsti.
tuition.
In pursuance Of these views, recon.
mend the passage of law, directing an
election to be held, either under existing
regulations, or in pursuance of other
suitable provisions to be expressed in th.
act, in which the people shall be authOr.
lied to vote for the Constitution, in either
ofthe forms presented by the Constitution,
and also against that constitution in both
forms. AS any law attempting to control
the officers ofthe Constitution and those
acting under them, would be of more
than doubtful validity, and might be
wholly disregarded by them, it wO1ld Be
prudent to provide for aseparate proceed.
ing under different officers; but it might
be Of great convenience to the people, and
of some efficiency for the objects in view
to hold this election at the same time,
and at the same places provided for in
the proclamation of the President of th.
late Convention, in order that the result
may be communicated to Congress, At
the earliest practicable moment. as the
sovereign will Of the people of Kansas.
1t would seem to me, that this singl,
act will be sufficient to meet the whole
emergency, and to dispel the excitement
which now threatens the peace Of the
Territory lift be adopted substantially
in the form proposed, without any EN-.
barrassing adjuncts, calculated to arouse
prejudice and to produce discord. the
earnest dIrectness and unity of the act.
looking alone to the one great and right.
ful end of ascertaining the true will 9th,
people and securing its ascendency, can.
not fail to commend it to the appreciation
of all patriotic hearts in the Territory and
throughout the Union.
The laws now prevailing in this Ter.
ritory, provide for the proper punishment
of illegal and fraudulent voting; but there
is no provision which will reach the case
of fraudulent returns. The case Of the
late Oxford precinct in johnson County.
was an enormity so gross that it has
nowhere been defended or justified
Yet the evil consequences Of it are seen in
the fact, that even the late Convention
has been so far imposed upon, that in ito
apportionment for the State Legislature
under the Constitution, it has assigned to
johnson County four Representatives,
which must necessarily be based on tie
VIGOROUSLY false returns from that county.
In order to meet the apprehensions, nIt-
urally growing out of these cireumstEn.
ces. [ recommend the adoption Of pro.
vision, making it felony with suitable
punishment, for any judge or clerk d
election. knowingly to place on the POI
books the names Of persons not actually
present and voting. or otherwise corrupt
ly to make false returns, either Of is
election held by order of the Ccnvention.
or of any other election to be held in this
Territory.
/ cannot close this communicates.
without expressing my deep regret hI
the absence Of the Governor, in this grave
emergency, will deprive you of the beos
fit of his wise and patriotic counsel. He
great experience in public affairs, his pro
found knowledge Of the causes and effects
ofpolitical action, would have been q
infinite service to the Territory in this
dangerous crisis. Upon all occasions
where he has addressed the people, ofie'
ally or otherwise, upon the affairs Of b.
Territory, he has uniformly proelAimed
his determination to exert all his ofieiA
power and all his personal inhuenee, %
secure to the people of Kansas the nghs
to decide, fully and Independently. upoo
the adoption of their own institutions
Although. my authority as acting Cor.
ernOr, is wholly independent Of his, snd
cannot commit him in any way for NJ
acts, i conceive that in taking the espOr
sible step of calling you together 90
making the recommendations now saE
mitted, / am but following to its logI
conclusion, his whole policy, IN al