The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-18

legislature under which the Convention assembled and
performed ts functions. But nasmuca as that law has
been partially executed, IL s doubtful whether act Of
repeal would have the effect Intended II s certain that
pie and they should atfy by their vote, legislative
repeal between the dates Of the submission and OF the
election would not affect the validity Of the sovereign act
The true purpose which, in my judgment ought to
troll your legislation tho present OCCASION and that
hn G 'ue sor ha revnar and Icp
mate exercise Of the sovereignty Of the people on those
points in which the Convention has attempted 70 tramme
restrain IT, in other words to provide for direct yote
under your Own authority, upon the adoption Of the CON
stuton which is to be partially submitted the 2lst
inst under the authority Of the Constitutional Convention
have already expressed tho grave doubts entertain
to the of the Legislature manner to inter-
with tho proceedings Of the Conycnton but there
can be no question as to your authority To PROVIDE by
suitable law for II fair expression Of the will Of the peo
pie upon the vital question Of approving the constitution
That highest act OF sovereignty the actor deegatng ap
propraie powers the best form of words and with the
proper limitations, state organization, 80 deeply in
wolves the dearest rights and interests of the people, that
the very safety OF our whole system OF self government
demands in ali but especially where any doubt or
dissatisfaction prevails an unequiyocai ratification OF the
constitution 10 be adopted
Perhaps majority of the people may accep. the nsru
mcnt before them in or the other OF Tho forms in
which il is presented by the Convention. in that
there coula be no ground for complaint for doubt
The whole people win ohecriuy a,quiesce IN tho will Of
the majority, fairly ascertaincd On the other hand
the people should decide against the constitution in both
forms would not be possibeior Congress, without VIC
laon Of all popular rights to admit Kansas into the Union
IT,
sage OF any other appropriate measure, by virtue Of
which the people, relieved from all former embarrass
ment, could elect their delegates to conventon and es
tabsh their institutions in their own way in accord
with the provisions of the organic act and the funda
mental principles OF self government.
II Is difficult to what objection could be raised to
such passed the present time aud to be executed
co,emporaneousy with the vote upon the constitution as
provided by Convention That body itself had its
isence from the authority Of the Legislative Assembly
This constitutes its whole title TO regularity and Legitimacy
for no valid claim can be based upon any supposed
nv no
majority Of them reiraned from all participation
in the election. II that Convention, thus Derry
ing its authority solely from the Legislative en-
actment which called il into existence, can send
up to Congress constitution for the State of Kansas with
actually submitting To the people the same legs1a
ture may with equal regularity and legality provide for
All independent vote OF the people upon the actual ratf
cation Of the einstrument which is sought to be imposed
upon them II is not to be supposed that Congress VIII
disregard the Of the people legally expressed in the
proposed whether its decision shall be for or
against the constitution.
In pursuance of these views recommend the passage
Of law directing election TO he held either under ex
stiDg regulations pursuance of other suitable pro
10 be expressed III the acts, which the people
shall be authorized 10 for the constitution IN either OF
the forms presented by the Convention and 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 bo wholly disregardod by them, would be pru
dent to provide for separate proceeding under different
officers but might be OF great convenience o tho pco
pie and efficiency for the objects in view, to bold
this election at the same time, and at the same places
provided for In the proclamation OF the President Of tho
late Convention, in ORDER that the result may be comu
nicated to Congress, at the earliest pr acticabo mo-
ment as the sovereign will of the people OF Kansas.
II would that this single act will be sufficient
to meet this whole emergency and 10 dspel the excite
men which threatens the peace Of the Territory
IL be adopted substantially in the form proposed, with
out any embarrassing adunct calculated TO pre-
udce aud produce dscord the earnest drecinoss and
unity Of the act locking alone TO the one great and
fu end of ascernng the true will Of the people and Sc
curing its ascendancy, cannot fail to commend II TO the
appreciation OF all patriotic hearts IN the Territory and
throughout the Union.
The laws prevailing in this Territory provide for
the proper punshment of Illegal and fraudulent voting
there provision which will reach the OF frau
duent The Of the late oxford precinct in
johnson county, enormity so great that has no
where been defended or JuAuncd Yet the cvh conse-
qnences OF are seen in the TACT hat even the late Con
yenton has been Tar imposed upon that in its appor
onment for the State Legislature under the constitution
has assigned To johnson county four representatives
which be based tho VIGOROUSLY false
returns from that county. In order ~ meet the ap.
prehensons naturally growing out Of these circumstances
recommend the adoption OF provision making felony
with suitable Punishment for any Judge or clerk OF cleo
on knowingly TO place on the poll books the names OF
persons actually present and voting, Otherwise
rupty make false returns, either OF the election held
by order Of the Conyenon or Of any other election to be
held In this Territory.
deep regret that the absence Of the Governor in this
grave emergency viii deprive you of the benefit Of his
wise and patriotic counsel i great experience in pub
lie affairs his profound knowledge Of the and er
ecs Of political action, would have been Of Infinite ser
vice the Territory in this dangerous crisis. Upon all
occasions where ho has addressed the people, officially
otherwise, upon the affairs Of the Territory be has uni
ormly proclaimed h determination 10 exert all his official
power and all his personal influence 10 to the peo
pie Of Kansas tho right decide fully and Independently
upon the adoption of their Institutions Although
my authority Acting Governor Is wholly independent
Of hts, and cannot commit HIM in any way Ter my acts
conceive that taking the responsible step of calling yo
together and making tho recommendations now submit
ted am but follow ng TO s logical conclusion his whole
policy In all Of which have heretofore cordially
Cured.
That your labors may be directed the attainment OF
only good ends, that benign Providence may preside
over your deliberations and give you wisdom and mode
ration and orbcarance such shall be appropriate aud
efficient t. allay the excitement and dspcI the dangers
which surround this distracted community is the earnest
hope and prayer with which commit TO you tho grave
interests upon which you are called 10 act
FRED. +. STANTON.