The Kanzas news., 1857-12-19


of repeal would have the effect intended. 1t is
certain, that if the Constitution were to be really
submitted to the people, and they should ratify It
by their vote, q legislative repeal between the
dates of the submission and Of the election, would
not affect the validity of the sovereign act of rati
6eation,
The true ptirpose which in my judgment, ought
to control your legislation the present occasion.
and that which is, perhaps, the most pertinent
and practicable within your power, Is, to provide
for the regular and legitimate exere Sc of the SOW
ereignty Of the people, In those points In which
the Convention hss attempted to Tammel or re-
strain 1t in other words, TO provide for direct
vote, under your own authority, upon the adoption
OF the Constitution which is to be partially sub
mltted, on the 21st inst, under the authority Of
the Constitutional Convention.
nave already expressed the grave doubts en-
teFtaln as to the power Of the Legislature in any
manner to interfere with the proceedings of the
convention. But there can be no question as to
your authority to provide, by suitable law, for
fair expression of the viii of the people, upon the
vital question of approving the Constitution
inat highest act of sovereignty, the act of dele
gang approriate powers in the best form Of words
ana with the proper limitations, to State organi
zation, so deeply involves the dearest rights and
interests of the people, that the very safety of our
whole system of seif-govcrnnent demands, IN all
cases, but especially where any donbt or dissatis
Iacaon prevails, unequiEocal ratification of the
constitution to be adopted. Perhaps majority of
the people may accept the instrument now before
them, IN one the other of the forms in which it
IS presented by the Convention In that case,
there could be no ground of complaint; for doubt
not the whole people will cheerfully aequiesce In
the VIII of the majority, fairly aseertained. On
the other hand, if the people should decide against
the Constitution In both forms, it would not be
possible for Congress, without a violation of all
popular rights, to admit Kanzas into the Union
under it. The way would then be fairly open for
the passage of any other appropriate measure. by
virtue of which the people, relieved from all form
er embarrassments, could elect their delegates to
Convention, and establish their own institutions
in their own way, in accordance with the provis-
ions of the Orgraic Act, and the fundamental
principles of self-government.
1t is diffieult-to what objectiOn could be rails
ed to such law, passed at the present time and to
be executed eotemporoneously with the vote upon
the Constitution, as provided by the Convention.
That body itself had Its existence from the author
ity of the Legislative Assembly. This constitutes
Its whole title to regularity and legitimacy; for
valid claim can be based upon any supposed re-
cognltlon by the people, inasmueh as the great ma
Ority Of them refrained from all participation in
the election If that Convention, thus deriving
its authority solely from the Legislative enactment
which called 1t into existence, can send up to Con-
gross Constitution for the State of Kanzas, with
out actually submitting it to the peOple, the same
Legislature may, with equal regularity and legali-
ty, provide for an Independent vote of the people
upon the actual ratification OF the instrument which
sought to be imposed upon them. 1t is not to be
supposed that Congress will disregard the voice of
the people, legally expressed in the manner pro-
posed. whether its decision shall be for or against
the Constitution.
In pursuance of these views, I recommend the
passage OF q law directing election TO be held,
either under existing regulations, or in pursuance
o. other suitable provisions to be expressed in the
act which the people shall be authorized to vote
for the Constitution either of the forms present
ed by the Convention, and also against that Con-
stitution in both forms. As any law attempting
to control the officers of the Convention and thos
acting under them, would be of more than doubt
full validity, and might be wholly disregarded by
them, it would be prudent to provide for sepa-
rate proceeding under different officers, but it might
b. of great convenence to the people, and of some
for the objects in view to hold this elec
ton at the same time, and at the same placrs pro
vided for in the proclamation of the President of
the late Convention, In order that the result may
be communicated to Congress, at the earliest prac
ticable moment, as the sovereign will of the peo
pie of Kanzas.
1t would seem to me, that this single act will be
sufficient TO meet this whole emergency, and to
dsuleI the excitement which now threatens the
Id beof the Territory. If it be adopted substan-
% mood bhe form proposed, without any embarrass-
calculated to arouse Prtj udice and to
nt. e1Iscord, the earnest directnrss and unity
looking alone to the great and right
Lend of ascertain ng the true will of the people
and securing its ascendancy, cannot fail to COM
mend it to the appreciation OF all patriotic hearts
The laws now prevailing in this Territory, pro-
vice for the proper punishment of illegal and fraud
ulent voting; but there is provision which will
reach the of fraudulent returns. The case of
the late Oxford precinct in johnson County, was
an enormity great, that 1t has nowhere been de-
Tended or justified Yet the evil CONSEQUENCES IF
it ere seen in the fact; that the late Conven-
ton has been so far imposed upon, that in its ap-
portionment for the State Legislature under the !
it has assigned to johnson County
Anfat
based on the notorously false returns from that
County. In order to meet the apprehensions nat |
urally growing out of these circumst tnces, re-
commend the adoption of provision, making it |
felony, with suitable punishment for any Judge or
clerk of election, knowingly to place on the poll
books the names of persons not actually present |
and voting, or otherwise eorruptly to make false
returns either of the election held by order of the
or of any other election to be held in
this Territory.
l cannot close this communication, without ex-
PRESSING my deep regret that the absence of the |
Governor, in this grave emergency, will deprive |
you of the benefit of his wise and patriotic coun-
sell His great experience in public affairs his pro-
found knowledge of the causes and efflcts of po-
itical action, would have been of infinite service
TO the Territory in this dangerous crisis. Upon all
occasions, where he has addressed the people, Of |
fcially otherwise, upon the affairs of the Terri
tory, he has uniformly proclaimed his determina- /
ion to exert all his official power and all his per-
'onal influence, to to the people Of Kanzas
he right to decide, fully and Independently, upon
he adoption of their own institutions Although |
NY authority as Acting Governor, is wholly inde-
pendent of mis-, and cannot commit him in any |
way for my acts, conceive that in taking the re-
'POnsible step of calling you together and making
he recommendations now submitted, | am Eut |
to its logical conclusion, his whole poll
", in all of which have heretofore cordially con-
cured.
That your labors may be directed to the attain
nent of only good ends, that a benign Providence
nay preside over your deliberations, and give you
wisdom and moderation, and forbearanee, such as
hall be appropriate and efficient to allay the exc
elements, and dispel the dangers which surround
his distracted community, is the earnest hope and
PRAYER with which l commit to you the grave in
erests upon which you are called to act
FRED. P. STANTON.