The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-30

Il
date Of approval the proper evidence Of that fast by
having the governors signature.
Your attention is invited chapter 80, ia relation 10
county boundares The boundary OF Douglas county is
imperfect, and in connexion with Shawnee county Is nm
absodiy FOR both counties The boundary lines Of all the
counties should be absolutely established
Chapter Al establishing the probate conrt also requires
attention. The act good generally SO far as reates 70
the organization and duties of the court Bu al broyis-
ns in this and other acts vestng the appointment OF pro
bate judges, county commissioners and other public o-
the legislative assembly, should at once be
aud the unqualified right of election conferred upon the
people whose interests Immediately affected by The acts
Of those officials The free and unrestricted right Of the
people to select a their own agents is maxim SO well
Settled in political ethics and springs legitmately from
the doctrines of efgoyerhmen that need only alude
to tie question to satisfy every ofi 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 everything have every conf
dence ia the virtue intelligence and "sober thought OF
the oilingpiQns The deliberate popular Judgment is
never wrong When in times o excitement the popular
mind may be temporarily obscured from the dearth of cor
information The mists Of passion the day Of reri-
button and justice speedily follows and summary re-
the certain result Just and patriotic sentiment is
reliance for every honest public servant The sove-
reignty of the peup5 must be maintained.
Section 18th Of this allows writs of he5eas corpus to
issued BY the probate Judge but leaves him Authority
hear the case and grant justice but refers the matter to
the nex term of the district court The Several "terms
of the district court at stated Periods and tie pro4s
ion alluded to amounts denial Of justice and virtual
ly suspension Of the great writ fbery contrary to the
letter and spirit Of the constitution Of the United States
Many provisions of chapter &c. entitled "Elecions
Objectionable Section llh requiring certain atest oahs
prerequisites to- the right of suffrage is wrong, unfair
and unequal upon citizens Of different sections of the
Union It exceedingly ndious to require obedience
any special The peculiar features of these test
oahs should be abolished and all citizens presumed to be
aw-abldng and patriotic until the contrary cleafly ap
pears Sworn qPediene to PARTICULAR statutes has seldom
secured that ooect Justice will ever commend itself to
the support all honest men, aud the sutest of in
suring the ready execution OF law is to make 1t SO
nently just equal and impartial to command the re-
spect of those whom it is intended to affect.
Section seth depves electors of the great safeguard OF
the purity and independence of the elective franchise
the right to by ballot and after the first day of
November 1856 requires all voting to be ppa poee This
provision taken in connexon with section which pro-
vides that all the votes offered canho be taken before
the hour appointed for closing the polls the judges shall
by pubic proclamation adjourn such election until the
following day when the polls shall again be opened and
the election continued as before &c oners great fom for
fraud and corruption Voting ppa voce the condition Of
the poll can be ascertained at any moment If the party
having the election Off likely to be defeated they
have the option of adournng for the purpose Of drum
ming up votes or, in the insane desire for victory,
may be tempted to resort to other means even more
reprehensible The right Of voting by ballot is
Incorporated into thb constitutions OF nearly all the
States and is classed with the privileges deemed sacred
The arguments in its favor are numerous and over
whemiug that have hesitation in recommending its
adoption. The election law should be carefully exam
ined and such guards thrown around it ae viii most
ctivey the sancy of the baotbox and preserve
it from the taint of single illegal vote. The man who
/
dare to offer nm illegal vSe strikes the fountain Of JUS
ce undermes the pillars of society," apples the torch TO
the temple Of liberties and should receive pun
shment As qualification for voting definite period Of
actual nbabtancy in the Territory to the exclusion Of
home elsewhere, should be rigidy prescribed No man
should be permitted to vote upon d ang residence He
should have resided within the Territory for period of
less than ninety days. ard n the district where he offers
vote least ten days Immediately preceding such election.
All the voters should be registered and published for
be severely punished and false swearing to
visited with the pains and penalties of perjury.
In this connection your attention is also nvtGd chap
ter o. entitled urors This chapter leaves the selection
jurors to the absolute discretion of the marshal sheriff.
constable as the case may be- and affords great
for paralit and corruption. The Of all properly
qualified citizens without party distinction, should be
thrown into wheel box and at stated periods under
the order Of courts Jurors should be publicly drawn
sponsbe PERSONS Too many safeguards cannot be thrown
around the right of trial by jury order that IT MAY still
continue to occupy that cherished place in the affections
Of the people essential to its preservation and sanctty
Some portions of chapter TO- "Mitia" infringe the
ecutve prerogatve mpars the governors usefulness and
clearly conflicts with the organic act This requires
the executive to reside In the Territory and makes him
acommander-in- OF the militia" This power must be
vested place. and is aways conferred upon the chief
magistrate Section 26 virtually coners this almost SOW
ereign prerogative upon any commissioned officer" and
permits him whenever and often any invasion
danger may come to his knowledge, to order out the militia
volunteer corps or any partthereo under his command
for the defence of the Territory &c. thus almost giving
any commissioned officer whatever at his option, the
| power to involve the Territory in st6F.
Section 18th provides for general militia training
the first Monday of October the day fixed for the general
election IT is is wrong, and is well calculated to nctc
terrorism The silent ballots of the people, unawed by
military display should quietly and definitely determine
all questions Of public interest $500 ea
The other sections ohe law, requiring the appointment
Of field and commissioned officers should berepeaed All
officers should derive their authority directly from their
respective commands by election. To make the military
system complete and effective there be entire sub
ordination and unity running from the commander-in-
chief to the humbles soldier and spirit animate
| the entire system. ItH7@
The l22d chapter in relation to PATROLS" is
sary 1t renders all other property liable heavy taxation
for the protection OF slave property thus operating
equally upon citizens and is liable to the oous charge of
being system of espionage 1t authorizes the patrols
an ndefne number Of whom may be appointed to visit
not only negro quarters but any other pac suspected
| of unlawful assemblages of slaves. ~
Chapter l3l preemption, squanders the school fund
by approprang the school sections contrary to
ganc act which provides that sections numbered sixteen
and hirysx in each township in Kansas Territory shall
be- and the hereby reserved for the purpose
being applied to schools in said Territory and in the States
and Territories to be erected of the
the United States preempton laws which forbid rafckng
i in claims and holding than claim and directs
the governor TO grant patents for lands belonging the
United States and only condionay granted the Ter
ritoy This act is directly calculated destroy the effect
of muncent grant OF lands by Congress for educational
purposes The Territory is the Of this valuable
gift and posterty has right to demand of that this
sacred trust shall remain unmpaired in order that the
blessings OF free education be shed children
Every State should have the best educational system
which an intelligent government provide. The ply
sca moral and mental faculties should be cultivated in
harmonious unison and that system Of education is
best which will effect these objects Congress has already
provided for the support of schoos In addition
TO this would recommend the legislature ask Congress
to donate land lying in this Territory for the establish