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

State party, than is embodied in the fol-
lowing article which we copy from lead
ing editorial in late number of the New
York Courier and Enquirer. The editor
seems to comprehend the whole question,
and discusses it with great eandor. 1t
win be well for the people to consider il /:
ave observe that disposition is mani
Tested BY certain of the Free State lead
ers in Kansas to use the advantage, which
their ascendency in the Free State Legs
lature gives them, to repeal suTnmarily
all the enactments of the preceding spur
GUS legislatures, and, at once, without
| further legislation, renew the application
for admission into the Union with the
Topeka Constitution. This policy, it
strikes us, is mistaken one. Such a
summary course would doubtless be graf
flying enough to Just resentment, and has
every natural impulse to recommend and
urge it, but still, circumstances being as
they are, it is not discreet or expedient.-
Kansas cannot get into the Union without
the sanction of Democratic Congress and
President, and there is no hope that that
sanction will be obtained unless her appli-
cation is in every scintills so regular and
formal as to shut out every chance for Ca
vii or bubble. There is a determined
purpose to persist in excluding her just as
long as there remains the slightest pretext
that can be twisted into technical obiec-
ton. The Topeka Constitution was not
framed by legally authorized Conven.
ton, nor has it ever been ratified by a
popular vote legally ordered and taken
We do not say that the framing of that
instrument was not, under the circum-
stances, a necessary and a wise measure.
So it certainly was, and it proved of vast
benefit in serving as a ralying point to
the Free State men when they were
threatened with being overcome and par
alyzed with border-ruffian legislation
Neither do we advocate abandoning it
now. Our only desire is that it should
come before Congress SO endorsed and &C
credited, that Congress will have no ex-
cuse, or the shadow of an excuse, for
refusing to recognize its validity and CIV
ing it full force and effect as the organic
law of State sovereignty.
GAS the case now stands, the enemies of
Kansas, as a Free State, have it in their
power to say that the Topeka Constitution
was the work of Convention summoned
and chosen without any legal authority
whatever, either federal or territorial,-
and that the popular endorsements given
to it two years ago, and last August, are
Of no account, inasmuch as the question
was never submitted to the people by le-
gal authority, nor in fact ever determined,
except by an altogether one-sided VOTE
1t will be of no use to insist upon the
practical justice and equity of the matter.
Every sort of special pleading will be
brought to bear against the application,
and advantage will be taken of the slight
est defect in legal form to reject it. We
hold it as certain. that the application
would be rejected, unless something be
done more than has yet been done to LE-
GALLY certify that the Topeka Constitu-
ton embodies the will of the majority OF
the people of Kansas.
"Tbe new Territorial Legislature has il
in its power to insure the early admission
of Kansas as Free State into the Union
by providing for the election of new
Constitutional Convention, which would
undoubtedly adopt the Constitution al
ready framed at Topeka, and at once
cause it to be submitted to the people to
be again ratified. Such q course of pro-
ceeding would not occupy any great length
of time, and would make the application
so strong, so complete in every particular,
as to exact the support of even the most
captious. There is another course open,
but less secure. The Legislature may d.
rect that the Topeka Constitution should
again be submitted directly to the people
without the intervention of another Con-
vention. But such a step would furnish
the enemies of that Constitution with q
pretext for refusing to admit Kansas un-
der it-a pretext that would surely be
made the most of. 1t would be said that
the Topeka Constitution, in the eye Of
the law, is an absolute nullity, and that
the Territorial Legislature had no more
right to make legal entity of it, and
submit it to the people for adoption, than
they would have to frame Constitution
de noUO themselves, and submit it to the
people for acceptance,-that they have no
power to take cognizance of nullity
where they have no power to make new
creation. There is chance for argument
here that to say the least, would greatly
leopard an application thus made. 1t is
we consider, better to avoid such risk
and employ the agency of another Con-
stitutional Convention to secure perfect
regularity of procedure. This indeed will
entail some little expense and trouble and
delay, but, after all, is the safer course;
it is more than possible, it is probable
that the other course would in the end in
volve far more expense, trouble and de.
lay. Kansas must not forget for one mo-
ment that she has peculiar class of men
to deal with, who are working for the in
terests of peculiar institution; and, il
she desires an early admission into the
Union, she must see to it that her appli-
cation is, in every iota, conformable to
the strictest letter of law. The prece-
dents of Michigan and California viii not
avail her in the least. Irregularities which
were tolerated in their case would newt
ably prove fatal to the application of Kan
sas. There is no fairness in this, but
neither is there any help for it, except in
correcting the irregularities as completely
as possible. Though there may be GER
tain pride which will not readily assent to
this, sound discretion dictates it"
| nAcidediy Rich