The Kansas herald of freedom., 1857-03-14
Veto Message Of Gov. Geary.
Gentlemen Of tie Council Of Kansas
TerritOru.

IeTfHOTy.
After mature consideration of the
Bill, entitled "An Act to provide for
the taking of a Census, and election for
Delegates 10 Convention" | am con-
strained TO return the same without my
approval.
Passing over other objections, I de-
sire to call your serious attention to a
material omission in the Bill.
referred to tie fact that the Legisla-
ture has failed to make any provision to
submit the Constitution, when framed,
to lhe consideration of the people for
their ratification or rejection.
The position. that Convention can
do no wrong. and ought to be invested
with sovereign power, and that its con-
stituents have no right to Judge of its
acts, is extraordinary and untenable.
The history of State Constitutions.
with scarcely an exception, will exhibit
a uniform and sacred adherence to the
salutary rule of popular ratification.
The practice of the Federal and
State Governments, in the adoption of
their respective Constitutions, exhibiting
the wisdom of the past, will furnish us
with safe and reliable rule of action.
The Federal Constitution was first
proposed by Convention of Delegates
from twelve States, assembled in Phila.
deiphia. This constitution derived no
authority from the first Convention. 1t
WIS submitted 10 the various States,
fully discussed in all its features, and
concurred in by the people of the States
in Convention assembled; and that con-
cnrrence armed it with dignity. Ar
ticle 7th ofthe Constitution makes the
ratification of nine States, three -fourths
ofthe number represented in the Con-
yention, essential to its adoption.
In the adoption, not only of the Fed
eral Constitution, but of nearly all the
State Constitutions, the popular rati6ca-
tion was made essential, and all amend
ments to those of most of the States, are
required te pass two Legislatures, and
then be submitted to the people fol-
their approval.
In Kentucky, especially, all amend,
ments to the Constitutions must pass
two Legislatures. and for two years be
submitted to the vote of the people, up.
on the question of Convention or nc
Convention, on the specific amendments
proposed.
Treaties made by ambassadors are
not binding until duly ratified by theil
respective governments, whose agents
they are.
Members of the Legislature OF o
Conventions are but the agents of the
fpeople, who have an inherent right tc
Judge of the acts of their agents, and tc
condemn or approve them as in thei
deliberate judgment they may deem
proper.
The fundamental law Of Common
wealth, so inseparably connected will
the happiness and prosperity of the citi
zens, cannot be too well discussed, anC
cannot pass through too many ordeals o
popular scrutiny.
What delegates to Conventions ma,
do or what omit, cannot be known un
li they have assembled and developed
their action. If the whole power be
vested in them without recourse Over
to the people, there is no guarantee thai
the popular wishers will be fairly and
fully expressed.
Although The people may have voted
for Convention to form a State Con.
stitution. yet they have by no Just rule
of construction voted away the usual
and universal right of ratification,
| Special instructions, covering every
point arising in the formation ola Con
stitntion, cannot be giving, in the elec-
ton preliminary to Convention ; and
it is therefore proper that the action oi
the Convention, necessarily covering
new ground, should be submitted TO the
people for their consideration.
The practical right of the people tc
ordain and establish governments is
found in the expressive and beautiful
preamble to the Federal Constitution
I'VE the people, &c, do ordain and es,
tablish this Constitution
Let the Constitution of Kansas be rat
ihed and established BY the solemn vote
of the people. surrounded by such safe
guards as win insure a fair and unbiased
expression of the actnal iona tide citi
zens, and it viii remain inviolably fixed
in the affections of the people.
/ In his report upon the Toomb's Bill
its distinguished author thus logically
enumerates the various steps in the for
nation of Constitution,-"the pre-
fiimiuary meetings the calling of tht
4 Convention the appointment of dele
gates the assembly of the Convention
fthe formation of the Constitution th,
poting on us ratification the election o
officers under it,
i In the same report, the author mos
Justly remarks, whenever a Constitu
ltion shall be formed in any territory
! prep GtOfy 10 It's duHfSSfOu iupu III
Union as State, justice. the genius o
our institutions, the whols theory of on
republican system. imperatively de
4 mand that the goice ofkke people shall
be fairly oppressed and their ariR EN-
bodied IN Mot Fundamental tar, with
out fraud or violence, or intimidation
Tor any other improper or unlawful in
fluence, and subject to no other restric
lions than those imposed by the Con
Istitution of the United States
4 Fhe voice of the people fairly ex
: pressed, and its embodiment in the fun
j ldamentaI law. should be the earnest de
p sire ofeyefy citizen of republic
Fl But how can the voice of tie peopl
!, be fairly expressed, and their viii b
: embodiment IN the organic law, unles
5 that law, when made. be submitted I
} them to determine whether it is thei
5 viii which the Convention has proclaim
D ed.
{ The leading idea and fundament'
principle of our Organic Act. as e,
n Al u .E<1f L.