The Kansas herald of freedom., 1857-12-05
DeieEate Conyenfen


The great Delegate Convention for
Kansas, has been held, and the results OF
its action is before the public in a series
of resolutions unanimously adopted by
that body.
1t denounced the Lecompton Constitu-
ton as fraud upon the people; as an at
tempt to rob them of their liberties; it
showed how the Convention framing it
was called into being, and branded the
base submission of it on the 21st of De-
cember, as 'swindie" too egregious to
be spoken of with respect. In their reso-
buttons they utterly repudiate it, and en-
ter into league and covenant with each
other that they will never permit the in
strument to become the fundamental law
OF Kansas, but pledge their "lives, fortunes
and sacred honor in hostility to it.
Itmaintains that the Territorial Legisla-
ture, elected in October last, is the only
legitimate law-making power in Kansas.
and that its functions shall not be super
coded by any other Constitution, or gov
eminent, until vote of the people to the
contrary.
1t claims that the Topeka Constitu-
ton is the wish of the people of Kansas.
and when legally reafirmed shall be main
tanned in spite of opposition.
1t asks the extra session of the Legis.
lature to submit the two Constitutions.
or, rather, the Peoples Constitution and
the Lecompton Swindle, to fair and i'm
partial vote of the people, and the one
honestly adopted is declared the funda.
mental law of Kansas, and the people
through their delegates. expressed their
determination to sustain it as such.
The Convention was composed of Del
egates, fairly elected by the people of
Kansas, from all parts of the Territory.
1t was the largest Delegate Convention
we have ever seen assembled among us,
and represented full fifteen thousand legal
voters. 1t embraced the best men in the
Territory, and to us it seemed they were
men inspired by REASON, not passion
Their deliberations were protracted, and
the result of their action harmonious.
We have read, re-read, and carefully
analysed the spirit of each resolution.
The only thing we are at all inclined to
take issue with, is in regard to the To-
peka Constitution. We have been. and
still are sanguine in the conviction that
that Constitution viii never be endorsed
by Congress until it is again submitted to
Delegate Convention. We understand
it Is the intention of those who drew up
those resolutions to procure, in due time,
a submission of the Topeka Constitution
to a Delegate Convention; that it was
no'0 only the desire to let the people
choose between that and the Leeompton
Constitution, and afterwards, at an early
day OF the regular session, to provide for
a new Constitutional Convention, with
full power to make and submit to the
people for their adoption q,e,o Constitu-
ton.
We see nothing to gain BY submitting
the Topeka Constitution along side of the
Lecompton Constitution. To outsiders
the latter has the semblance of law to sus.
tain it All the action thus far under the
other instrument has been informal. To
legalize it now, in the manner proposed,
it would be said Tat though the people
were not in favor of the Topeka Constitu-
ton, yet they voted for it as the choice OF
two evils. If the Legislature, by act Of
law. submits the Lecompton Constitution
to vote of the people, and it is defeated
then we have legitimate Territorial Leg
islature to fall back upon, and that we can
maintain before the country, and against
the world.
The Topeka Constitution is a good
enough instrument, but it was framed two
years ago to meet a contingency. That
contingency has passed away, and now
We are in condition, with the law max.
ing power in our hands, to sustain our
selves.
We think it would be we'll for the Ter.
ritorial Legislature to demonstrate with
Congress against the adoption of the Lee
compton Constitution, and to ask for an
enabling act. This would help US at once
out of our difficulties, and would no doub.
be the line of policy that body would
cheerfully adopt.
The action of the Convention, with this
single exception, meets our hearty en-
dersement. 1t seems to US very clear that
the Legislature, by solemn pledge, have
limited their labors in such manner that
they cannot take any other action than upon
tie LecoHspton Constitution. Stripping
their pledge to the Acting Governor Of
its verbosity, and it reads:
We take the liberty of frankly stat
ing that we shall not deem, Il proper, if you
call an extra session Of the Legislature,
TO enter upon, or engage in any business
other than that which is necessary to
counteract the pretended submission OF
the so-called Lecompton Constitution, or
to give the bona .sde citizens fair and
impartial opportunity, through the ballot
bog, to express themselves for or against
that Instrument
The Legislatures do not reserve the
power TO call new Constitutional Con-
vention, or to submit anything else than
the Lecompton Constitution to vote. of
the people, and they cannot. however
much inclined to carry out the wishes of