The Kansas herald of freedom., 1857-12-12

tlOLS. Dut IbdSliuCH do the law las DccN
partially executed. it is doubtful whether
an act of lepeal would have the effect In
| tended. it is certain, that if the Consti-
tntion were to be really submitted to the
people, and they should ratify it by theil
vote, a legislative repeal, between the
| dates OF the submission and of the eiec-
ton, would not affect the validity of the
sovereign act of ratification.
The true purpose which in my judg-
ment, ought To control your legislation Oh
the present occasion, and that which is,
perhaps, the mcst pertinent and practica-
bic within your power, is, to provide for
the regular and legitimate exercise of the
sovereignty of the people, in those points
| in which the Convention has attempted to
| trammel or restrain it: in other words, to
! provide for a direct vote, under your own
authority, upon the adoption of the Con-
stitution which is to be partially submit
ted, on the 21st inst, under the authority
| Of the Constitutional Convention.
l have already expressed the grave
doubts | entertain as to the power of the
Legislature In any manner to interfere
with the proceedings of the Convention -
But there can be no question as to your
authority to provide, by suitable law,
for a fair expression of the viii Of the
people, upon the vital question of appro-
wing the Constitution. That highest act
of sovereignty, the act of delegating ap-
{ propriate powers in the best form of words
and with the proper limitations, to State
organization, 50 deeply involves the dear
est rights and interests of the people, that
the very safety of our whole system ol
/ self-government demands, in all cases, but
especially where any doubt or dissatisfac-
tion prevails, an unequivocal ratification
af the Constitution to be adopted. Per-
hapS majority of the people may accept
the instrument now before them, in one
or the uther Of the forms In which it is
presented bS the Convention. In that
Gaze, there could be no ground of COM
/ plant; for doubt not the whole people
will cheer.ully acquiesce in the will of the
majority, fairly asceftained. On the 9TH
er hand. if the people should decide
against the Constitution in both forms, II
would not he possible for Congress, with
out a violation of all popular rights, to
admit Kansas into the Union under it
! The way would then be fairly open for
the passage of any other appropriate meas
ure. By virtue of which the people, re-
| lieVed from all further embarrassments,
could elect their delegates to Conven-
ton, and establish their own Institutions,
! in their 0wh way, in accordance with the
provisions of the Organic Act and the
| fundamental principles of Self-goyern-
ment
! 1t is difticIlt to sec what objection could
be raised 10 stch law, passed at the pres
ent time and to be executed co-tempors-
neously with the vote upon the Constitu-
ton, as provided by the Convention
That bot9 itself he'd its existence from
the Legislative Assembly. This consti-
tutes its whole title to regularity and le-
gitimacy: for 10 valid claim can be based
upon any supposed recognition by the
people inosnych as the great majority OF
them refrained from all participation in
the election Ii that Convention, thus
7 deriving its authority solely from the Leg
iSiative enactment which called it into
existence can send up to Congress Con-
stitutien for the State of Kansas, without
actually submitting it to the people, the
same Legislature may, with equal regular
ity and legality, provide for an independ-
ent vote Uf 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 viii dis
regard the voice OF the people, legally ex-
pressed in the manner proposed, whether
its decision shall he for or against the
Constitution.
! In pursuance of these views, recon-
mend the passage of law, directing an
election TO be held, either under existing
regulations, or in pursuance of other suita-
ble provisions to be expressed in the act,
in which he 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 contro
the officers of the Convention and those
acting under them, would he Of more than
doubtful validity, and might be wholly
disregarded by them, it would be pru-
dent to provide for separate proceeding
under different officers, but it might be OF
great convenience to the people, aud OF
some efficiency for the objects in view to
hold this election at the same time and al
the same places provided for in the proc
lamation of the President of the late Con.
vention, in order that the result may be
communicated to Congress, at the earliest
practicable moment, as the sovereign will
ofthe people of Kansas.
1t would seem to me, that this single
, act will be sufficient to meet this whole
emergency, and to dispel the excitement
;. which now threatens the peace Of the
! Territory. Ifit be adopted, substantially
iii the fra proposed. without any eul-
baEaSsing adjuncts calculated to arouse
prejudice and to produce discord, the earn,
est directneSs and unity ofthe act, looking
alone to the one great and rightful end O.
aseertainihg the true will of the peopl,
, and securing the ascendency, cannot fai
to commend it to the appreciation of al
patriotic hearts in the Territory and
! throughout the Union.
: The laws now prevailing in this Terri
tory provide for the proper punishment
of fraudulent voting; but there is no pro
j, vision which will reach the case of fraud
uient returns. The case of the late Oxfort
J precinct in johnson County, was an epor
, nifty so great, that it has nowhere beei
defended or justified Y Yet the evil cense
quences IT it are seen in the fact, tina
J even the late Convention has been so ia
imposed upon, that in Its spportionmen
! for the State Legislature under the Con
stitution, it has assigned to j Johnson Coun
ty four Representatives, which must nee
essarially be based on the notoriously falls
!, returns irom that County. In order I
/ meet the apprehensiens naturally grawin
cut OF these circumstances. | Teeomment
the adoption of q provision, making
felony, with suits ble punishment, fo
any Judge or clerk Of election, knowingl
J TO place on the poll books the names {
persons not actually present aud votin:
or otherwise corruptlv to make false, re
turns, eitherof the eletion held by ords
of the Gof1yention ar ssf any sotheY s!ei