The Kansas herald of freedom., 1857-01-17

in its favor are so numerous and over.
whelming that I have NO hesitation !,
recommending IFS adoption. Ts
ciection law should be carefully exam.
ined, and such guards thrown aroup3f !
it IS viii most effectively secure Ii.
sanetity of the ballot-box and prs.
serve it from the taint of single i.
legal vote. The man who will delil.
erately tamper with the elective fran.
chise and dare to offer an illegal vote
strikes at the fountain of justice; IN,
dermines the pillars of society, al.
plies the torch to the temple of ou,
liberties, and should receive seters
punishment. AS a qualification fo,I
voting, definite period of actual in.
habitancy in the territory. to the ex.
elusion of home elsewhere, should
be rigidly prescribed. No man should
be permitted to vote upon floating
residence. He should have resided
within the territory for . period of no,
less than ninety days, and in the dis
tr;et where he offers to vote at Least
ten days Immediately preceding such
election. ALI the voters should te
registered and published for certain
time previous to the election. Falls.
voting should be severely punished
and false swearing to secure q vote
visited with the pains and penalties oil
perjury.
In this connection your attention i.
also invited to chapter 92, entitled
"Jurors. This chapter leaves the
selection of Jurors to the absolute
discretion of the Marshal, Sheriff, or
Constable. as the case may be, and af:
fords great room for partially ahd
corruption. The names of all proper.
ly qualified citizens, without party
distinction, should be thrown into
wheel or box, and at stated periods
under the order of the Courts, Jurors
should be publicly drawn by responsi,
bic persons. Too many safeguards
cannot be thrown around the right OF
trial by jury, in order that it may still
continue to occupy that cherished
place in the affections Of the people
so essential to its preservation and
sanctity.
Some portions of chapter 10, ''Mi-
litia," infringes the Executive prerog-
alive, impairs the Governors useful
ness, and clearly conflicts with the
Organic Act. This Act requires the
Executive to reside in the territory
and makes him Commander-in-ehief
of the militia This power must be
vested some place, and is always con-
ferred upon the chief magistrate
Section 26th virtually confers this al
most sovereign prcrogatiye ''upon any
commissioned officer,Y and permits
him whenever and as often as any in
vasion or danger may come TO his
knowledge, TO order out the militia Or
volunteer corps, or any part thereof.
under his com mand, for the defence
of the Territory" &c.;-thus almost
giving "any commissioned officer"
whatever, at his option, the power to
involve the territory in war;
Section 18th provides for a general
militia training on the first Monday Of
October, the day Fixed for the general
election. This is wrong. and is well
calculated to ineite terrorism. The
silent ballots of the people. unawel
by military display, should quietly
and definitely determine all questions
of public interest.
The other sections Of the Iaw, re-
quiring the appointment of field and
commissioned officers, should be re
pealed. All officers should derive
their authority directly from their re-
spective commands, by election. To
make the military system complete
and effective, there must be entire sub
ordination and unity running from the
commander-in-chief to the huInblest
soldier, and one spirit must animate
the entire system. sf f
The 122d chapter, in relation to
Patrols" is unnecessary. 1t renders
all other property liable to heavy tax
alton for the protection of slave prop
erty, thus operating unequally upon
citizens, and is liable to the odious
charge Of being q system of espion-
age, as it authorizes the Patrols, an
indefinite number of whom may be
to visit not only negro
quarters, but ''any other places" sus-
pected of unlawful assemblages OF
slaves.
Chapter 13I, "Pre -emption, I"
squanders the school fund by appro-
priating the school sections contrary
to the Organic Act, which provides
sthat sections numbered sixteen and
thirty-six in each township in Kansas
Territory, shall be and the same are
hereby reserved for the purpose Of BE-
ing applied to schools in said Territory,
and in the States and Territories to be
erected out of the same;;" contravenes
the United States pre-emption laws,
which forbid traficking in claims and
more than one claim, and d.
rects the Governor to grant patents
for lands belonging to the United
States and only eondisionally granted
to the Territory. This Act is directly
to destroy the effect Of q
muniticent grant of lands by Congress
for educational purposes. The Terri
tory is the trustee of this valuable
gift, and posterity has right TO de-
mand of Us that this sacred trust shall
remain unimpaired, in order that the
blessings of free education may be
shed upon our children.
Every State should have the best
educational system which an intelli-
gent government can provide. The
physical, moral and mental faculties
should be cultivated in harmonious
unison, and that system Of education
is the best which viii effect these OBJ
iects. Congress has already provided
for the support of common schools.