The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1857-12-26

Legislature in any convention. But
there can be no question as to your au-
thority to provide, by suitable law, for
q fair expression of the will of the people
upon the vital question of approving the
Constitution.
The Legislature has Aa,hortty to do so.
It is difficult to sec what objection
could be raised to such law, passed at
the present time. and to be executed CO.
temporaneously with the vote upon the
Constitution, as provided by the Conven-
tion. That body itself had its existence
from the authority of the Legislative
Assembly. This constitutes its whole
title 70 regularity aud legitimacy; for no
valid claim can be based upon any sup
posed recognition by the people, inas-
much as the great majority of them re-
Trained from all participation in the cleo
I on. If the Convention, thus deriving
it's authority solely from the Legislative
enactment which called it into existence,
can send up to Congress Constitution
for the State of Kansas, without actual Y
submitting it to the people, the same
Legislature may, with equal regularity
and legality, provide for an independent
vote of the people upon the actual ratif-
cation Of the instrument which is 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 proposed, whether its de-
cision shall be for or against the Consti-
tuition.
In pursuance of these views. reco-
mend the passage of law. directing
an electisn to be held, either under exis-
ting regulations. or in pursuance Of 9th
or suitable provisions to be expressed in
the act, in which the people shall be au
thorized to vote for the Constitution. in
either of the forms presented by the
Convention, and also against that Con-
stitution in both forms. As any law at
tempting to control the officers Of the
Convention and those acting under them,
would be of more than doubtful validity,
and might be wholly disregaraed by them
it would be prudent to provide for sep
arate proceeding 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 BY the proclamation Of the
President Of the late Convention, in or
der that the result may be communica-
ted to Congress, at the earliest practi-
cable moment. as the sovereign will of
the people Of Kansas.
1t would seem to me, that this single
act will be sufficient to meet this whole
emergency, and to dispel the excitement
which now threatens the peace of the
Territory
Prorisiion Ayaina Franaalcnt RctmH,t
The laws now prevailisg in this Terri
tory provide for the punishment of illegal
and fraudulent voting. The case of the
late Oxford precinct, in johnson county,
was An enormitv so great that it has no
where 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 its ap-
portionmcnt for the State Legislature.
under the Constitution, it has assigned
to johnson county four Representatives.
which must necessarily be based upon
the notoriously false returns from that
county. In order to meet the apprchen-
sion naturally growing out Of these cir
cumstanees, recommend the adoption
of q provision, making 1t 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 other
wise corruptly to make false returns, Ell
ther of the election held by order Of the
convention, or any other election to be
held in this Territory.
That your labors may be directed to
the attainment of only good ends, that a
benign Providence may preside over your
deliberations, and give you wisdom aud
forbearance, such as shall be appropriate
and efficient to allay the excitement, and
dispel the dangers which surround this
distracted community, is the earnest hope
and prayer, with which / commit the
grave interests upon which you are called
to act FRED. p. STANTON.