The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1857-12-19

the Constitution which is to be submitted,
in q certa in form, on the 21st instant. 1t
is sufficient for the occasion which now con-
venes the Legislative assembly, and for the
purpose of this communication, that there is
wide spread dissatisfaction, threatening to
disturb the tranquility of the people. If
there be any means Of preventing the dis
cord and possible violence, which are so Sc
rioasly apprehended, as the result of the
partial and imperfect election authorized to
be held at the time named, under the auth
ority of the Constitutional Convention, it is
the solemn duty ofthe Legislature to ascer-
tain and adopt the measures most effectual
for that end.
What appropriate and efficient measure
can be adopted, in the existing emergency,
is a question not without difficulty. Some
have proposed repeal of the act of the last
Legislature, under which the Convention
assembled and performed it's functions.
But inasmuch as that law has been partially
executed, it is doubtful whether an act of
repeal would have the effect intended. 1t
is certain, that if the Constitution were to
be really submitted to the people, they
should ratify it by their vote, a legislative
repeal. between the dates of the submission
and the election, would not affect the valdi-
The true purpose which, in my Judgment,
ought to control your legislation on the pre-
sent occasion, and that which is, perhaps,
the most pertinent and practicable within
your power, is to provide for the regular
and legitimate exercise Of the sovereignty
Of the people, on those points in which the
Convention has attempted to trammel or re-
strain it; in other words, to provide for a
direct vote, under your own authority, upon
the adoption Of the Constitution which is to
be partially submitted on the 2lst inst, IN
der the authority Of the Constitutional Con-
vention.
| have already expressed the grave doubts
| entertain as to the power Of the legislature
in any manner to interfere with the proceed
ings of the Convention. But there can be
no question as to your authority to provide,
by suitable law, for a fair expression Of
the will Of the people, upon the vital ques-
ton of approving the Constitution.-Tha
highest act of sovereignty, the act Of dele
eating app opriate powers in the best form
of words and with the proper limitations, to
a State organization, so deeply involves the
dearest rights and interests Of the people,
that the very safety of our whole system Of
self governrncnt demands, in all cases, but
especially where any doubt or dissatisfaction
prevails, an unequivocal ratification of the
Constitution to be adopted.
Perhaps majority Of the people may ac
cept the instrument now before them, in
one or the other Of the forms in which it is
presented by the Convention. In that ease,
there could be no ground Of complaint; for
doubt not the whole people will cheerfully
acquiesce in the will Of the majority, fairly
aScertained. On tn other hand, if the peo-
rlls Shn INST he
in both forms, it would not be possible for
Congress, without violation of all popular
rights, to admit Kansas into the Union IN
der it. The way would then be fairly open
for the passage OF any other appropriate
measure, by virtue Of which the people, re-
lieved from all former endorsements, could
elect their delegates TO convention, and es-
tablish their own institutions, in their own
way, in accordance with tie provisions Of
the organic act, and the fundamental princi-
Piles of selfgoverument.
1t is difficult to see what objection could
be raised to such law, passed at the pre-
sent time, and 10 be executed eXtempOrane-
ously with the vote upon the Constitution,
as provided by the Convention. That body
itself had its existence from the authority
of the Legislative Assembly. This consti-
tutes its whole title to regularity and legiti-
macy; for no valid claim can be based upon
any supposed recognition by the people, in
asmuch as the great majority of them re-
Trained in the participation in the election.
II that Convention, thus deriving its author
ity solely from the Legislative enactment
which called it into existence, can send up
10 Congress a Constitution for the State of
Kansas without actually submitting it to the
people, the same Legisture may, with equal
arif nd fnr ind
pendent vote of the people upon the actual
ratification 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 decision
shall be for or az inst the Constitution.
In pursuance of these views, l recon-
mend the passage of a law. directing an
election 20 be held, either under existing re-
gulations, or in pursuance of other suitable
provisions to be expressed in the act, in
which the people shall be authorized to vote
for the Constitution, in either OF the forms
presented by the Convention and also against
that Constitution in both forms. As any
law attempting to control the officers Of the
Convention and those acting under them,
weuld be oil more than doubtful validity,
and might be wholly disregarded by them
it would be prudent to provide for a separ-
ate proceeding under differen. officers, but
it might be of great convenience to the peo-
pie, and Of some efficiency for the objects in
view, to hold this election at the same time,
and at the same places provided for in the
proclamation of the President of the late
Convention, in order that the result may be
communicated to Congress, at the earliest
practicable moment, as the sovereign will of
the people Of Kansas.
1t would seem to me that this single act
will be sufficient to meet the whole emer-
gency, and to dispel the excitement which
now threatens the peace Of the Territory
If it be adopted, substantially in the form
proposed, without any embarrassing ao-
juncts, calculated to arouse prejudice and to
proa,ce discord, the earnest directness and
unity of the act, lookin5 alone to the one
great and rightful end Of ascertaining the
true will of the people and securing its
ascendancy, cannot fail to commend it to
the appreciation of all patriotic hearts in
the Territory and throughout the Union.
The laws now prevailing in this Territory,
provide for the proper punishment of fradu-
lent voting; but there is no provision which
will reach the case of fraudulent returns
The case of the Oxford precinct, in John
son county, was an enormity so great, that it
has nowhere 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 appor-
tionnent for the state legislature under the
it has assigned to Johnson
county four representatives, which must ne
cessarly be based on the VIGOROUSLY false
from that county. In order to meet
the apprchensions naturally growing out of
these circumstan ces, l recommend the adop-
ton of a provision making it felony, with
suitable punishment, for any judge or clerk
ST election knowingly to place on the poll
books the names of persons not actually pre-
sent and voting, or otherwise corruDtly to