New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-27

ree and unrestricted right OF the people 10 se'ec. s
their own sgents 10 ms1m 20 wen se,ue1 10 political
ethics and springs 80 lestmstely from me Doctrines
selfgoverument, that | need only alnce % Tie que-
ton 10 satisfy every one Of us Jus1ce.
The people must be perfectly free 10 regulate their
on bu.iuess in their own way; and wocn NE voice Of
TIE msiority is fairly expressed al wn Pow 70 ssths
voice OF God Let the people then, rule IN everything
have every confidence IN the virtue, lnielyeocc sna
" ,ober thought Of the toiDg millions. The deibs,-
ate popular Judgment is never wrong when, Ia
times Of excitement, the popular mno may o. tempo
rsriy obseurcd from the deGGth OF coTEec; information
or the msis of passion, the day OF retribuson and
Justice speedily follows, and summary reversal the
result Just and pstIiotic sentiment IS sure reanes
for every honest servant. Ihe sovereignty OF The
people must be maintained.
Section H. of this act allows wrIts OF bibcis ccfpGs
to be issued by the Probate Judge, but leaves him no
authority TO hear the case snd grant justice bot refers
the matter 10 the next term Of the Distnt C0art'
The several "erns Of the District COart s.e a.s,aed
periods and the provision alluded TO amounts to de-
NAL of Justice and virtual suspension OF The gex
writ OF liberty, contrary 10 :" the letter and spni
"the Constitution Of the United States.
Many provisions Of chapter 90, eotted l. ectops,'
are Objectionable. Section 18th, requiring certain
tsst chs as prerequisites to the right OF satrases
wrong upfer aud unequal upon citizens on a,ne'en1
section. Of the UDion 1t is exceedingly nvidioast TO
REQUIRE obedience TO any specisi enactment Inc pc
cuar features of these test oaths should be abolished
ard all citizens presumed 10 be law'abidng and patti
otc until the CONTRARY clearly appears. sworn ooe.
dierce 10 particular statutes has seldom secured tna'
object. Justice will ever commend tset 70 me sup
port of ell honest men and the surest means o. i1suF
ING the ready execution Of law, 10 make 50 pre-.
emren,y just, oqusl, and Impartial, as 70 command
the respect OF those whom II s intended 70 anec..
Section Both deprves electors OF the great s,oSaar
of the purity and independence Of the elective ran
ohise. mean the right TO vote by bsllo, and aites
the LIST day of November, 1856, requires al voting to
be viva vOCe. This provision, taken IN connection
with section 9Th which provide that iii all the votes
offered cannot be taken before the hour appointed for
cosirg the polls the judges shall oy paollS p.Scsma-
ton adjourn such election until the hllo"ng day,
when the rolls shall agsin be opened and The election
continued before &c., offers great room ior fraud
and corruptiOn. Voting viva yoce, the condition Of
the poll can be sseertsined at any moment.
II the parties having the election officers are likely
10 be defeated they have the option OF adourniug for
the purpose of drumming up votes or in the insane de-
sire for victory may be tempted 20 resort - other
means even more reprehensite. The right OF voting
by balo. is Incorporated into the constitutions OF
nearly all the States ana Is cassed with the privileges
deemed sacred. The arguments in its favor are 80 ma.
merous and oN erwhelming that have no hesitation IN
recommending its adoption. The e'ecuon law should
be carefully examined. and such guards thrown around
il as will most effectively secure the sauctty OF the
ballot box, and preserve It from the tant OF single
illegal vote. 80
Ihe man who will deliberately tsmper with the
elective franchise and dave ID oter an Illegal vote,
strikes at the fountain of justice, underninee the pill
lars of socIety applies the torch TO the temple Of cur
Liberties, and should receive severe punishment Asa
qualification for voting, definite period OF actual in-
habitsncy in the Territory, to the exclusion OF home
elsewhere, should be rigldiy prescribed. No man
should be permitted TO vote upon iioahns residence
He should have resided within the Territory tor Pc
Rod of NOT lees than ninety days, and in the district
where he ofers to vote at least ten days Immediately
preceding such election. All the voters should be
registered and published for certain time previous 10
the election. False voting should DO severely pun.
shed aud false swearing To secure vote visited With
the pains and penalties OF perjury.
chapter %, entitled Jurors" This chapter leaves
the selection Of Jurors to the absolute discretion Of the
M,rhal, Sheriff or Constable, as the case may DO, and
affords great for partlay and corr upton The
names of all properly qualified citizens without party
distinction, should be thrown into wheel or box, aud
at stated periods under the order of the Courts Jurors
should be publicly drawn irresponsible persons. Too
many safeguards cannot be hroSn around the right OF
trial by Jury in order that IT may still continue 10
occupy that cherished place in the affections OF tue
people essential to Its preservation ana sanetlty
Some portions Of chapter ITO, Militia, infringes
the Executive prerogative mpsirs the Govornors use
fulntss, and clearly conflicts with the organic act
This act requires the Executive 10 reside in the Terri
tory and makes him Commander n-Chiet OF the mill
tia" This power must be vested some place, aud Is
always conferred upon the Chief Magistrate. Section
80 virtually coners this almost sovereign prsr gatiye
upon any commissioned officer" and permits him
whenever and as Offer as any invasion or danger may
come to his knowledge to order out the mlits, or
volunteer corps any part thereof under hrs com.
'mand, for the defense of the Territory, 20; thus
almoet giving any commissioned ofbcer Whatever,
at his option the power to involve the Territory 10 war;
Section L. provides for general militia training on
the first Monday Of October the day fixed for the gen
eral election. This Is wrong and Ia well calculated to
ncite terrorism. The silent ballots of the people, I'M
swed by military display should quietly and definitely
The other sections Of the law, requiring the appoint
ment of field and commissioned officers, should be re.
pesed All officers should derive their authority d.
recuy from their respective commands, by election
Ia mi a No mi COmDlNta
there must be entire subordinaton and unity running
from the commandern chief 10 the humbest soldier,
and one spirit must animate the entire system.
The l22d lchapter, in relation TO patrols, is I'M
necessary It renders all other property liable 20 heavy
taxation for the protection of slave property thus opes
ating unequaly upon citizens and is liable 10 the odous
charge Of being system Of espionage, as II authorizes
the Patrols, an indefinite number Of whom may be ap
pointed to visit not only negro quarters bu. I" any
other places" suspected of unlawful assemblsge u
slaves.
Chapter l3l, "Pre emption," squanders the school
fund by appropratng the school sections contrary to
the organic act, which provides that sections num-
bered l6 and 81 Ina each township In kansas Territory
"shall be and the same are hereby reserved for the
"puIpose of being applied TO schools in said Territory
ard in the States and Territories TO be crested out ~
the same;" coptravenes the United States preemf.
ton laws which forbid the trafickiDg in claims and
holding more than one claim, and directs the Governor
TO graft patents for lands belonging 10 the United
States az condopay granted to the Territory. This
act is directly calculated to destroy the effet Of
munifcent grant Of lands by Congress for educational
puposes The Territory is the trustee Of this valuable
gift, and posterity has night TO demand Of that
this sacred tIust shs remain uLimpared, in order thai
the blessings Of free educatlon may DO shed upon our
children.
Every State should have the best educational aye.
TEN which an intelligent Government can provide Inc
ply sical moral aud mental faculties should be cultl-
waited In harmonious unison and that system Of edd-
cation s the best which will effect these objects. Con-
a. "a 81