The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-05

the people exercise she OF
Now when section OF article Of the constitution de-
clares taas the United States shall guarantee 10 every
State in this Union republican form Of government" 1t
must obvou. TO the least rejecting mind that depar
ture by any State government from the system OF popu
lar would devolve upon Congress- the con
sttonsl obgaon Of restraining the State and Of com
peing her again 10 the Con venon TO the legislative
Assembly. Nor, by parity OF reason, can any State
therefore, be admitted into the Union. the constitution of
which does not provide republican form Of government
Then IL state should tender herself for uuder
constitution deveving On the people in the
else OF the Law making power. or II an existing State
should exchange her present form Of FOR
popular asemoages in the the tender should be
be rejected and " the other the offending State should be
RENTED again % republic, Sy What authority can be
70 the arbrameut Of popular numbers their constitution
shall be pronounced deficient in evidence of popular ap
arises from their oversight Of the important Office
which suffrage performs In the scheme OF representative
government It's precisely here tina. popular sovereign
cincts and States upon all questions Of political
moment is thus ascertained and pronounced. Said
vs. Borden e Howards Sup Court Reps C-rhe basis OF
representation suffrage The right to chose representa-
tves every mans part In the exercise of sovereign
power to have voice in it, If he has the proper qualin
catoosthat is the fundamental exercise Of political pow
by every elector. That is the beginning This the
mode in which power emanales from It's and gets
the hands Of conventions legislatures OF law
and the chair OF the executive 1t being in suffrage
suffrage in the delegation of the power Of individual TO
some agent" Now, let me suppose that constitution.
having been formed in the only either recognized
by our fundamental law known to the genius Of our
institutions TO undergo the process b. submission 70
the people There obviously manifold articles to be
reviewed and various provisions to be approved or re-
eced The eector who approves Of the article on finance
may reprobae an elective judiciary while another may
entertain opinions the exact reverse and still another may
wish 10 reject both OF these but yet approves Of ether
provisions The evident result therefore in each case Is
either compromise vote none while in neither case
can the opinion OF the eector be more than approximately
expressed But submit as many OF the provisions OF
constitution az you may, still will there be its
skeleton withheld--the calculations and processes
TO which the plastic body is TO DO applied.
The impossibty therefore, Of accomplishing the osten
sble design Of popular submission is manifest enough,
and should be abandoned mprac,icable Should it,
however be still persisted in, the extremes to which
Of its peincious nature If one law should be submitted,
equally should all laws; II the law of convention, so
also the law Of legislature Thus would confusion re-
prices and the fluctuations of popular excitement oppose
the grave sanctions of the bench. But while insisting
that constitution framed by convention Of delegated
powers is the legitimate expression Of the popular WILL
would not be understood opposing the submission OF
any question again to tho people. Undoubtedly there
may be times when fearful experiments would render
such submission expedert not necessary there may
be questions OF such general and absorbing interest that
to withhold them from secondary popular trial would
be mprudcnt and unwise Such occasions, however, are
not frequent and when they occur are at once and IN
mistakenly recognized. such an occasion demandedthe
submission of the question OF slavery to the people Of Kan
sas; and in my judgmtn ut that and that alone, was
submitted, or was even pretended TO be submitted
Il is to be borne in mind tina: the Convention was clothed
with plenaIy powers TO form and establish constitution;
and when in the Of their constituents, they solemn
y declared We the people Of the Territory Of Kansas
by our representatives in Convention do
mutually agree with each other to form ourselves into
free Independent and sovereign State, by the and
style OF the State OF Kansas and do ordan and establish
the following constitution for the government thereof
their work was fully promulged No language can ex
press more clearly than expressed in the schedule the
exception made to the completeness OF their abors In
deed that intelligence is little to be envied which
cudes when choice is offered TO it between 'consttu
ton with slavery and consttuion without slavery"
because o n
sttuton already established has been imposed upon by
trick OF words. Having now, as believe shown con-
venton OF delegates 10 be the only constitutional and To-
climate means of declaring and establishing the popular
will, shall proceed TO summary examination OF the
formation, the legal representative OF the people of
Kansas. | cannot believe that there Is any
serious doubt entertained OF the competency OF
the Kansas Territorial legislature. By virtue OF
one of its laws the people, in October, 1856, with
great unanmy determined In favor Of the expedency OF
calling a convention to form a State, constitution
Accordingly the 10th day of February, 1857 the then
Legislative Assembly enacted law for taking a census
and for the election of delegates to convention on the
third Monday OF June then ensuing. The census was
taken the election held and the elected delegates
semhed in convention on the first Monday IN September,
they were called together by law The Convention
ganised and subsequently though having rt framed and
established the Iecompton constitution and provided for the
submission OF slavery clause and non slavery clause TO
the people the 2st Of December they adjourned On
the 2s OF December the people approved of the slavery
clause by vote Of 6143 IL there is no fraud impuable
these proceedings It apparent that the Lecompton
constitution Is genuine, popular instrument. But Il is
alleged that there was registration OF voters in but nine
teen Of the thirty eight counties in the Territory and
sequently, that the unregistered counties dran
ohisod. Without pausng upon the fact that the omis-
siors Of registration were the effect Of the
TO learn tina, the unregistered counties con-
tanned little or no population. This fact is dervabe
January 1855 They therein claim To- sss votes against
the Constitution These votes made up sos in the
counties in which registrations had been taken and OF
in Of 10 In n Il hat M
registration was had II seems that votes ~ be
found in the remaining eleven Of these last counties It
fair TO presume therefore, tina, the nineteen disran-
chised counties did not contain than 500 votes and
that these confined to but eight OF them. Now u in
the nineteen counties In which during the pre-
vous there had been opened and fairly conducted legal
registry OF voters there were body OF men who voun
fary declined the Office not only but who opposed s ex
ecuon and at ensuing election the 213t OF Deem
ber OF the 9251 Of those who had been registered
voted for the Lecompon constitution and but 500 OF all the
lo2e who voted against the constitution January 1855
appeared in opposition thereto the question pertinent
whether with opportunity offered omission TO
an offence chargeabe upon those who voted rather than
upon those who refused, and Il, "a believe, Is gene.
rally conceded that the effect Of a withdrawal from
the polls IL virtual delegation Of the power OF govern
ment TO those who attend a, them what language
sufficiently condemn and denouncc the maig.
nant act, dictated by avowed intent 10 embarrass
and overthrow the government they themselves
parties 10 In their agreement with the federal Congress-
The public officer pursuing the Aihenan who absented
himself from the assemblies OF the people marked him
with vermllion cord. Bu, these men Of Kansas, who
oppose lawful government, refraned from the elective
franchise should be pursued by the public opinion OF
their counirymen and be branded with the ndelbe
let OF shame Again, is alleged that O32 Of the 642
votes cast the 2st OF December favor OF the slavery
clause were spurious votes. nths IL true still the
ioriy would be LEFT standing al ,562 have heard fire.
quen charges made that Illegal voters were introduced
and that grave frauds perpetrsed TO swell the
vote for the Iecompton constitution the 2ls OF Decem
ber But slight examination reutes the charge aud will
dspel tho Illusion IT be conceded that the republicans
actually poled all the votes they claim at the election OF
tho ali.
December. furnish together sum total OF IL 0ot Tit
true, have heard on high authority that there
about Is, coo votes In the Territory, the Inference
Ia irresistible that no foreign Illegal votes could
have been imported. But when the republicans were
voting against the Lecompton constitution at the
election Of January 4, at their own polls, they could
procure full 10,z26 votes. Why, then, were they
unable 10 furnish more than 400 the polls Just ada
cent where, In presence of their adversares they
coutendpg for state offcersy II may possibly be In bad
taste, but cannot repress the suspicion at least, that
these men who have loudly charged fraud upon their
sdverssries, have hoped that thus their might the
more easily escape detection Well sir, what are 10
determine from these facts Why, simply that the Le