New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-18


=" Republican form Of Government. 4,o,.
Coupled with this naked power 10 admit dscte,
zion to be used az oiher discretionary poF ers are uo
is the limitation that the Government rnus' DC he
nnbIcap. / hold that a Constitution i ke inst maze
AZ Leo mpton csnro. be Republican; whe'e nss no
authority from Cor gess, no tmprtMalHT noui tne
Die, ard is no reflection OF tse popular wiz; .he
hrm may be Republican 10 one sense b1t tnst niguet
n,m-tbat esseroe that fifth essence OF Rspublcal-
ism rs sine qua noR--the popular sense IS moi eA.
pressed in and therefore, Mr. buchanan ssId OF
Arkansss, is is usurpacon. A.,
Second: Not only il there substantial suOmls-
sion of the Constitution to the people, but even the
formal mode Of submitting the propositions OF tAe
schedule do net insure farmers IN voting OF 10 tne
record IF the voting Inc sseO 70 Psis tue 10
sny other than the appointing power, which Is the
President of the Convention. The Commissioners are
Amounted by the President They appoint the judges
the judges appoint the clerks lac pG ooSSs are "
by other officers, territorial or federal All Is SUD
ordinate 10 the presiding genius whose constlu
ton this is Can saoa On n,s s.sSso1 ef K,usss
The Mt hopes 70 peace by the acceptance OF
a Constitution thus ratified. He says that TINS op
nortupty Of settI the question IN ksosa. snoud oe
rejected "she may be involved for years IN domesuo
!. Siscord ard possibly in civil war, before she can
" again make I'D the issue now so fortunately reE-
dered and again reach the point sne mas ALREADY az
tained' 1t seems to me that such state OF snsr-
civ will follow il this election goes on and Is 10 Dc
sustained by the strong Federal arm. Germany sto9u
for thirty wears with her hard upon her sword; the
rustle of leaf disturbed her, Kansas is 10 snliaf
suspepse Never was there more need OF heed, csa'
ton abundant, and beyond question or cavi as ~ the
TIird: la the Inth section of the schedule, the
voter if challenged, is required to swear TO suppot
the Constitution under the pairs OF perjury. Is mus
renubhcapism Is this miserable mode OF making
Constitution to be counteranced by this Congress
Eourfk There Ia another ground for tho rejection OF
this Constitution There Is fraud recognzea Ia u
iia inun
can forro to notice. The has OF popular Wal Is tne
basis of representation. This is violated. 10 Tue
creation OF re pre-. ena.ive and council dishcts the
Oxford City fraud hes been maue o ans oS The entire
ofiical vote of that county did not exceed four hun
dred Fraud sweed it to eighteen hundred by the re
turn Of sixteen hundred hctltlous nanes rom OAoiu
| Civ. a hamlet of three dwelling houses Shawnee,
with eight hundred yoteIe6oI0 Fde voters-gets only
half the represe ntation of Johnson We'll might Judge
| Elmore protest against this fraud Wen might toy
ernor Walker complain Oft after baving set aside
solemnIy Other frauds to be found OF similar
character II we to judge of the republlcansm OF
the State to be Dsugursted, we should discard th's
Constitution.
This Convention sanctioned this fraud, not only by
making il the basis of representation, but by eiectns
one of the creatures who signed the orgaIiss a. their
clerk And have it from the best authority, that the
| President of the Convention himself Is believed oy
this same fraud Who that admits this fraud can sus-
| tain Constitution founded upon II
| Fin. hold, lastly, that the Constitution is not
republican in form because in the fourteenth section
OF the schedule it prohbits-aye that Is the effect
smendme nt alteration change until after 1864 1t
is utterly IDLE say meant TO provide for alteration,
| smendmeIt, ard change meanwhile, dd h6'tum.
| When Constitution provides mode and time to
amend all Other rays and times excluded. After
ing no charge till 1864, then it proceeds to ham,
per the perfectly fee action Of the people OF 1901
BY requiring twotbrds Of the Legislature to concur,
before they will allow ority Of the people TO call
for an amendment And if TO clinch the whole of
this absurdty with another glazing il provided
that then no alteration thsl be made TO affect
1.-THE rights OF property in the ownership OF slaves
Now, DO not GEEK to intervene in domestic aft 4irs
when declare that, hatever may be the presidents
in this respect will vote for State to come in
under such impossible, absurd and tyranrica condi
this Cor stitution letters every limb OF that form.
| "But" it is said, ''these conditions void The
" State may turn around tomorrow and discard them
call" SO it may. New York did; so did Louisiana.
| But il was revolution. We have right ~ force
people into revolution against the established order.
IL conclusion, protest agsinst this Constitution be-
cause il is against the principle OF sefg0vernment--
against the organic acts not the authorized or legal
expression of the people, because it snti.repu6.
can in form and substance because it is absurd, tyr
snrcal, fraudulent, and impossible; because it un-
dertakes TO bind down the sovereignty of the people
by inevocabe laws, which opposed to the genius
| OF cur institutions.
But beyond all other objections is that impicsble
one, that cannot be sppeasedthe demand for s snb-
may be the legality of the Constitutional Con-
ven'ion-whstever may be its work, and how irrevo-
cable soever they have sought to make it, why has it
not been submitiedl Come to this question Away
with rubbish Let us dig down to this primitive rock
"Ah," say its fierds at will be voted down; the
people will not have it." Trae, they do not want it.
If the press of the Territory be any indication Of the
popular wish that il true. But out OF The twenty
one presses Of all parties In the Territory sus.ans t.
Democrats and Republicans unite 10 condemn it, True,
yery true il would have been voted down, and there.
IA isp nf tn he uhmit tad In n ~
mocracy, ia til Let us, then, rewrte our lexcons.
Democracy means, does it, to withhold the right OF
| suffrage to all who may vote against you Vice be-
| yond j. ferson are the sages who thus teach Bat
the people of Kansas have acted wrong, are capabe,
have not acted tight in voting heretoi re- But are
they for that, 20 be disfrancblsed Away with such
| pueity. Itreuncs me of the gracious Sultan under
the old Turkish constitution, who gave to the Uemas
tie privilege Of questioning his iirmans but ii they
exercised it, they were to be pounded to death in
| mortar by the jannissaries.
This is no sc c.ional question. The North has every
thing to gain by stanoug by its pledges and principle.
as uncated in the Kansas bin. What has the South
to gain by opposite course Does che expect to
| make Kansas Slave State No. Would she, if shs
could, against the wish Of the peoplel l say no
Does she wish TO resusctate the waning fortunes Of
sectional party II yea then let her place the North
EN- DEMOCRACY in the wrong, where it can be re.
prosched and insu.ed, taunted and despised; where
our opponents, wsggiDg their heads, may say: "You
me ant the South you meant Slavery, you meant eve
Iything else but popular sovereignty, when you
| mouhed Of popular severe gnty."
Nor will il do for us to I'VE adhere to the
general principle Of submitting the whole Constu.
"but cannot now apply it to Kansas" Such reply
will place US Of the North in the position Of the French
feet at Aboukr, which Nelson destroyed-. was
ne ther at afost. Give me the open sea, with
small craft, and the fsg of popular sovereignty, 10
its integrity st the nsst head, and will ask any
fsvOrs that cur opponents can bestow. will trust
my humble bark on the open ses without fear, nay
with confidence and joy There IL plain sailing f,r
| us, without lacking and filing, if we pursue the
| al in ~ II