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

ais "r ,Soss Mint, 10 which the Convention hss 81
f.mp.ea 70 trsunel restrain IT, in other words -
nroyide for q direct vote, under your own authority,
npop The adoption of the Constitution whicn 10 to be
nayt;.llv ,ubntted the DIST inst, uLder the su-
tboy;,y of the Cor stituiiopal Convention.
bsvs already expressed the grave doubts enter
tain ss the power Of the Legislature n any manner
10 interfere with the proceedings Of the Convention
But there can be question as TO your authority to
proyice by suitable lay, for fair expression OF the
will Of the people upon tre vits question OF approving
TIE Constitution. That hghest sci of s,verelgo;y, the
act Of dele eating appropriate powers IN the best form
of words and with the proper limitations, TO state
oresnizatop deeply involves The cearest rishs snd
interests Of the people that the very safety OF our
whole system Of seN government demands ~ az c-'es
but especially where say doubt or olsssustsc'on PEE
walls an equivccs ratification OF tae Constitution 10
be adopted.
Perhaps majority of the people may a'cep. the IN.
strrment row before hem &c cue OF tne ot'er oi 'Ie
forms in hich it is presented by the Conver hon In
that Gaze there could be no ground OF compah'; -!
eoubt not the whole people vii Cheerful ly sc4
in the will Of The aJoIity fairly asceltnea o1 the
otber hand, it the people should DECIDE az $40 81 tn7
Constitution both forms, II would not De pOs'io'e fof
Congress- without violation OF all popular rgns, 10
souit Kansas into the Union under It, Inc way
would then BE- fairly open Tor the passage OF any onef
spproprate measure by virtue Of which the people,
relieved from oil former embanassmspts could elect
their deless ats TO Convention, and o. sbiish Their
own il stitntions in their own way IN &C 'orda:ce WIN
the provisions Ct the organic act and the fa.csments
principles Of self government.
II IS difficult TO see what objection could be raised
TO such law passed at the present tine, and TO be
executed cItempOraneousy with tie vote upon zoe
Ccnstut on, az provided by the Convention. That
BODY itself had its existence from the authority OF tue
Legislative Assembly. This constitutes its whole title
TO regularity AID gtInacy for no valid claim can be
baseo UPON Any supposed recognition by the people,
pssnuch a. the gest ms o,ity of them RETAINED from
all participation in the election. 1t that C0nvenion
thus deriving s authority soley from the legislative
enactment which called it into ex'stence can send up
,pgtif e.
without actually submitting to the people, the same
Ltgi,lsture may with equal regul zrit? aud Legality
provide for al indepen dent vote OF ths people upon
the actual ratification CT the instrument which ls
sought TO be imposed upon them. 1t no. to be sup
pose that Cor gress will disregard tue voice Of the
people legally EXPIRE ssed in the manner proposed,
whether ts decision shall be for or against the Constr
tuition.
In pursuance of these views, / recommend the pas
sage Of law directing election to be held erher
uLdtr existing regulations or in pursuance OF other
suitable provsors 70 be expressed In the act In which
the pt ople sha DO authorized to vote Tor the COnstitu
ton in ithsr Of the foras presented by the Couven-
ton and alsO against that Constitution In both forms.
As any law attempting TO control the officers of the
Convention and those acting under them would be OF
more than doubtful validity, and might be wholly dig
regarded by them, would be prudent 20 provide for
separate proceeding under different Officers, but 1t
might be OF great convenience to the people, snd OF
some Efficiency for the objects IN view, to hold this
election at the time, and at the came places pro-
yded for in the proclamation of the President OF the
late Convention order that the result may be com
muricated TO Congress, at the earliest practcsble mo-
MT nt as the sovereign will of the people OF Kansas
1t would seem to that this sioge act will be suf-
citn to meet this whole emergency and to dspel the
excitement which now re atens the peace OF the Ior-
ritory lift be adopted substantially In the form pro.
posed without any emb raseipg adjuncts calculated
TO prejudice and 10 pIodace discord the earnest
drectness and unity of the act looking alone to the
one great and righu end of aScetaining the true VIII
of the people and securing its ascendancy cannot fail
10 IN no
IN the Territory and throughout the Union.
The laws prevs ling in this Territory, provide
for the proper punishment Of illegal and fraudulent
voting; but there is no provision which will reach the
case OF fraudulent returns The case Of the late OK
ford Precinct in johnson County, was an enOrmiy 30
great that has nowhere been defended or justified.
Yet the evil consequences OF il seen in the fact,
ss, ' in s FOR the Iss
tnra Under the Constitution it has assigned to johnson
County four Representatives, which must necessarily
be based on the rotorousy false returns from that
County In order 10 meet the spprehenslons naturally
growing out of these circumstances recommend toe
adoption of provision, making it felony with suita
bic puLshmeht, for any judge or clerk OF election,
knowingly TO place on the poll books the names OF
persons not actually present and voting, or otherwise
ctnupy to make fsse returns either OF the election
held by order of the Convention, or oil any other
election to be held in this Territory.
cannot close this communication without express
rg ny deep regret that tho absence Of the Governor
i'll this grave emergency, Will eeprve you Ga the ben
ent OF Dis wire ana pdIiIotC CouhScis NE SIoot GA
rience in public sfars, bis profound knowledge OF the
and effects Of political action, would have been
of infinite service to tho Territory in this dangerous
cis. Upon all occasions, where he has addressed
the people, officially OF Otherwise, upon the aft. OF
the Territory be uniformly proclaimed his deter
mDston to exert all his o,ia power and sll hi per
sOssl influence to secure to the people of Kansas the
right to decide, dy and independently, upon the adop
tiOn of theif own institutions. Although my authority
az Acting Governor Is wholly independent Of his aud
cannot commit him in any way for my acts, conceive
that in taking the responsible step of calling you TO-
gether and making the Recommendations now submit
ted am but following to its logical conclusion, his
whole policy, in all OF which have heretofore cordially
concuIIed.
Thatyour labors may be directed TO the sttainmen,
Of only good ends, tina. benign Providence may pre-
side over your deliberations and give you wisdom and
moderation, and forbesraLce, such es shall be ap2ro
pirate and efficient TO alay the excitement, and oispe
the dangers which surround this distracted community
is the earnest hope and prayer, With which commit
to you the grave interests upon which you are called
| 10 act. FRED. T. STASroS.
TIL LATE EST.