The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-20

day turbulent persons they chose ID vote Two
weeks afterwards hence, had they numbered millions
their numbers would conceal pslate far less jus
tiy their open disregard and contemPt OF law
Some cousoer the submission OF constitution TO vote
of the nsone for ratification a. necessary its validity
In this OPINION the committee do not concur The people
may assemble, a. In ancient days IN mas meeting ana
make constitution they may elect representatives TO
make one them they may elect representatives 70
drsf one TO submitted 70 them for approval or reec
ton The method is most approved OF during the
past few years though formerly the secoud method was
very generally reeorted TO-
The calling OF the constitutional convention OF Kansas
generally conceded have been strictly legal The cleo
ton its members also admitted 70 nave been legal
Is il not logical to infer that convention legally called
legally elected and clothed with authority 10 make con-
stituaon can be nterfered with by Governor
Judge legislator, either to increase or diminish its
powers 70 alter modify or hd hsS S rs as .Tss tne
masse instead Of by representatives. The Legislature OF
may not alter snnu the constitution thereof I'm
less thereto specially authorized by the people.
No election OF officers under constitution vote
the adoption of constitution held day prior,
aay ne va IN
any Territory or in any city, county, or town, IN the
United States, matter how few or how many persons
may engage in the lawless proceeding No man can be
chosen President Governor May Justice of the
Peace the day appointed by law and, except by
ard shameless despeFadoes in Kansas where
in the United States this doctrine been practically
ccptroverted the monsrous practices Of the bold bad
Of Kansas now an exception are TO be erected INTO
rue long will II be audAciouS sectional FAC
will 6ud pretence for holding Presidential election
day other than that appointed by the law And when
subsequent to the day appointed by candidates
will always have most votes the legal candidates will by
them be pronounced the 'mnoriy candidates, and the
irregular and illegal will be called the "majority
candidates" Then will follow strife, boodshed, and
civil Rights, must ever be borne In
mind be best and most surely upheld by strict sdhe
renee laws outrages and crimes easiest committed
and best protected in the midst OF civil c0mmOtiOn.
There is no real and true safety to our liberties and inst
tutons but adherence TO the spirit and the let
Of constitutions and laws and there is danger
peace and Union that cannot easily escape
If will conscientiously adhere TO them. Who
heard Of Legislature other than that Of Kansas which
had the presumption to appoint day, the polls and
request he people 70 vote ior or against constitution
before and which nobody could change but the people,
and they only by formal action to that direct ends The
action the constitution the 2st December 1851, was
final action, and that instrument that day
peted one; can be changed all State constitutions
can be- but until formally and lawfully changed 1t is
valid and its turbulent opponents will find that the
ldity of that fundamental law cannot be affected by
town meeting harangue or BY an irregular vote ordered
by rash body OF heated partizans.
Many generous persons who are quite indisposed TO
the violence and cOntumAcy of the abolition
from all property not pleasing them and their aoettors
that something might be done to lessen the hard
ships that will fall upon them in the event of the ans
sion Of Kansas into the Union with the constitution made
at Iec0mpton that although is true that the abolition
lists violently opposed registration; would not vote at
elections held sham elections days subsequent to
those appointed by law and even refused to vote against
the establishment OF slavery at time when they pro
fessed to believe their doing so would have excluded It,
and thus have peacefully settled the question TO their
satisfaction yet they consider would be too 10
compel such contumacous citizens though il is their
Srievous is provisions NAV prove to be- thew csppo
1864
To SUCH without resortng TO the ready answer that
Congress has power to modify alter State constu
ton and has expressly stipulated that the people of
subject only to the Constitution of ,he United states, two
replies may be given The first one is this;-rhe clause
oompanea o, N ne Lecomp'oh ooos'1anon IN 'nS con-
Sac I. After tho vsar ona ,so.s.,a .,, b,,d-sa an,
sixty eur whenever shall think necessary
to amend alter change this constitution they shat
mend TO the electors the next general election two thirds
gsin, sil,ns m sniion ns sh ng 20 sv LOT DC
The eSirianre shall At in reSuiar session cali
ton consist CT members there may be in the
House OF Rsprsssn.atives the time to be chosen IN the
ian & .ne ssns ana oy tne SAM eiscors
Of revising. amending CHANGING the constitution bu
ownershps Of slaves.
That this prov.,on ia M. IN the ahoto,
ts ~ Iact anu now urged ~ them ana tner friends
Sy ,h v ~ Sen, piouu " se 1Vor sn ing
~. . . ,s " .o is iesou ~ suon ~ ~
peA@ , So.s''u''n 'Ae 'o"o""s "o'o ooJeo'""Aoie
p~- 80 ,, ,...-n., .-,.,.
ssc,an a r,onos;au. a., sn.i -, ~
,n .hs -. ~ ,so ao '" '"e co"s'u
Sec concurrence of two third, Of the members elect
"a 70 each hoase shall be necessary after which such
sed amendments shall be entered upon the journals with
% y b Sn ~, me a, s. ia OF s,ss sna Cause mo
~ IA the state where newspspsr is pbsbea for Al eas,
rrentaives when proposed be again
referred To- the elected succeeding said pub
eanon ~ PISSED by me second LEGISLATURE ey majority
.nSmnps =, ne ne ssnsss san n , saen
sI months Or to he nest election nj which election
such proposed shall be submd TO the people
for their approval rejection IL the majority OF eec
RS voting Al such election shall adopt such amendments the
'a me 'ss We nsosme p.s s me constitution ,..
h . wssn more man one smensmen Is susniei a.
electors 10 veto gpon each amsntm.nt sen.rs..Iy WI
sec No convention for the formation constitu-
Ton shall be called. and amendment TO the constitution
pc oy tne general made before the year 1863
NV" ~ ~ 0"ee ~ u.e se"s '"efe"eH
Inc second reply Is ths-suppose the grievance real
anu mat w ought 10 DC redressad Unnecessary TOE
Congress 70 uniawuiy interfere tor that purpose, mas
much ~ the lecompon oonven'on has provided ataii,
lawful apo perieet remedy Tor every conocyabc grew
ence and placed that remedy the Unrestricted hands OF
me MAJORITY on the people, ~ inserting IN the constitution
o. ha1sas the following distinct and unequivoca recogn-
uon Oh power, VIZ -
All political power inherent IN the people and all free
governments founded their authority and instituted
Tor hcr and tsry have Al AL times an mall
snape ana noeleDe rght 70 ser reform or Aoo.sn ber
Iorm so'ernneh'h sucn manner A. theJ may lhnk pro