The Kansas herald of freedom., 1857-12-05
From tic National Dsnsscras.

A
| al Convention TO the people of this Terri
tory. But the Importance of the subject,
and the urgency of the occasion, will
Justify US in entering somewhat more at
large upon the investigation of the ques-
lions involved in the controversy, which
| is evidently about to disturb our repose.
and prolong the unhappy difficulties OF
our position.
The recent Convention represented a
minority of the people. The members
themselves could not possibly have over
looked this fact; and if they fail to take
it into consideration, and to direct their
proceedings in acceptance with it, they
have presented only one additional in
stance of that blindness which too often
seizes upon public bodies, and contributes
to the utter overthrow of their authority
and the complete nullity of their acts.
It is not to be denied that the Free
State party were guilty of great wrong,
in obstructing the effort to take the GEN.
sus, and refusing TO 60 into the election of
delegates to the Convention. By this
omission, they suffered the political au-
thority of the Territory, so far as the
Convention was concerned, to pass into
the hands of the minority; and they have
no right to complain, if that minority
should make use of their legitimate power.
in legitimate way, to secure the ascend
ency of their own political views. It was
to be expected that the successful par
ty would make the most of the advan-
tage which success placed in its power
But there was limit to this advantage,
beyond which it was not only impolitic,
but impossible for the dominant party in
the Convention to carry its proceedings
with success. So soon as it was attempt
ed to exceed this limit, it surrendered
the advantage it had already acquired,
placed itself in the wrong, and restored to
the majority all the legal and moral power
of its superior numbers power which
the latter had previously lost, only
through its own original error. 1t is ever
to be lamented that the Convention, for
want of moderation and wisdom in the
use of its legitimate power, and from an
utter failure to perceive the capabilities
of its position, and the exingencies, of its
very existence, has utterly thrown away
its golden opportunity for usefulness, and
sacrificed the high and sacred interests
which it had in its keeping. How great
and benefcent would have been the in
1uence of just and conciliatOry counsels |!
How completely disarmed, would have
been the opposition, with all their ma
levolent predictions falsifed, and all their
excited apprehensions allayed, if the
nm bod haov, AZ IN, "
and a decisive and satisfactory proposition
had been fairly submitted to the votes of
the people Now, on the contrary, their
worst feares are realized, and their predio-
tons of evil are more than verified, be-
cause a trick has been resOrted to for the
purpose Of knocking and deceiving them
with the appearance of a choice, when in
reality they have no question to decide.
The body of gentlemen composing the
Convention, seems to have been impressed
with the idea that its sole duty was to
sustain the cause of slavery as desirable
institution for the new State. But the
thought never seems to have occurred, in
all their deliberations, that they were do
ing this for people, of whom a majority
are decidedly opposed to that institution.
If they claimed to represent the whole
people, because the great body of them
failed to go into the election and thereby
were presumed to acquiesce in their ap-
pointment, they were bound to respect
the opinions of their constituents, so far as
these were known. And if they really
desired to subserve the true interests of
SHAREHOLDERS, in or out of the Territory,
the most moderate exercise of judgment
would have dictated the policy of SUBJ
hitting proposition which might have
had some chance of being accepted. No
well informed man can believe that the
Constitution, in either of the alternative
forms adopted by the Convention, will
ever receive the sanction of the people of
Kansas. 1t is plain, therefore, that the
inevitable result must be a serious injury
to the just rights of SHAREHOLDERS, and an
obstacle to the future acknowledgment of
those rights by the people of the Terrific
ry.
There are some singular blunders in the
composition of the schedule. First, the
Constitution shall be submitted to the
people "for approval or disoprovai," and af-
forwards it is provided that it shall be
submitted "for ratification or rejection. -
But the succeeding words which establish
the form, and prescribe the effect of the
vote, completely nullify these general pro-
visions, and while they
Keep the word of promise to the ear"
"They break it to the hope"
| Again, it is provided, in so many words,
that ''the voting shall be by ballot.''-
Now every one knows the very essence
of vote by ballot, is the secrecy which it
enables the voter to maintain. The re-
suit of the vote is to be ascertained by
counting the ballots. In this provision,
however, the President of the Conven-
ton is to examine the poll in order
to ascertain the state of the vote. Thus
it is evident that the voting which is ex-
pressly to be by ballot is to have, at the
same time, all the qualities of a viUe goce
vote. This is rendered unquestionable
} by the further provision, that the Presi-
} dent Of the Convention is. to count only
J "the legal votes cast at said election" Il
the vote be by ballot. he could never dis.
criminate between the legal and illegal
votes, by mere inspection of the poll.
books.
: Never before was such mass of bung.
ling inconsistencies put together by any
writer or thinker. 1t would puzzle Phil
adelphia lawyer to reconcile these conflict
, ing provisions.
But there is still greater difficulty
| In he af TO of h.
votes" being against slavery, the Presi.
dent of the Convention is to strike out Of
the Constitution the article prouidinq TO,
slavery, tgithoat interfering Nth the right,
of properly IN slaves nos0 in tkis Territory
Can anybody tell what part of the pro.
vision on the subject above quoted, viii
be stricken from the Constitution 1t il
evident that the whole four sections can.
not be stricken out, because several Of
: them will be applicable to slavery. as il