The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-04

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people mus be uphAd and maintained at an hayrAs
cad every sacruoe" This Is resistance 10 the kn6s
and the knife 70 the hit
Governor Geary oforns that before he decided To
veto the bill he sent for the charmen o the committees
OF brsnches al the Karsas Territorial Legislature
General Cohey, OF the Couro and Colonel Andersoa, n
the House-and Informed them thai If they would osa-
ss to ado clause referring the constitution which ths
V IF the rery or thar r.acaon o. or
he would waive all other objections, aud give his aP
rrova The reply was, that that suggestion hae bee.
s.s s y ss:sisS 9 .%s, ;Ss s!.'ss
tbs coutrvanoe their last hope for the SOUTH and heg
eod net Ist the ouposr pas . ua% .S S veto
sage of the bill out Of which grew the Iecomptoa coas-
tuition They SPEAK for themsekes;-
y,M TO TILE EDITOR OF THE HERALD. ,.
~ q PHILADELPHIA, Dec. II, 1887.
There appears 10 be confusion in the public minA
With regard my position the doctrine OF popuar
sovereignty as applicable to Kansas affairs and the L.
ard tie election Of delegates to the Convention whA
framed tina. Instrument was before me-, being ope.x
should not be referred to the people for their
rejection, returned the bill to the House In which
expressed are the those contained in my N
augural address and other official papers. They are ny
ssn:iaens nov, and trust ever Will PC How ass sneG
leave tie public 70 decide. ....-- JNO w. GtARY.
GOVERNOR GYARY's VITO MESSAGE OF THE c@s-
e9-e+~ = t''~ sUs BILL. "'' NF
GrNnEAHN or TIN eN"SGl W dfSSfs IEksoIORf.-
After mature consd alton OF tho bill entitled "Aa a&
for the providing for the taking of census and election
for delegates to Conyeutcn am constrained To return
the same without my approval
Passing over other objections, desire TO call your
serious attention to material omission in the bill re
fer 70 the fact that the Legislature has failed TO make auT
provision to submit the constitution when framed TO tho
consideration OF the people, for their ratification or re-
iecton - ,..... .,
The position tha. convention can do no wrong, ~
ought to be invested With sovereign power and that IL
constituents have no right TO judge Of s acts extrsor
mary "A mt
with scarcely an exception, will exhibit uniform an
sacred adherence 10 tue satary rule OF popular rathca
ton The practice OF the federal aud State governmeakB
in the adoption OF their respective constitutions, exhibit
ing the wisdom OF the past, will furnish us with safe
and reliable rule OF action .e t'-
Governor Geary proceeds 10 give a clear and concise
h tory OF the dSngs OF the Convention that framed tia
that they severaly submitted to the pupular Wi
before being recognized Fundamental law and shows
that the voting for convention no guarantee whatever
that that Convention when vested with viii express
the popular will The practical right OF the veters is
pressed, he thinks, in the federal constitution eve, Tho
people, &C. 90 lain and establish this constitutions
Governor Gea-y then proceeds ....
Let the constitution Of Kansas be ratified and established
by the solemn vote Of the people, surrounded by suc
safeguards as will insure fair and unbiased expression
OF the actual bona tide citizens, and viii remain inyioar
bly, fixed in the sfect'ons OF the people
his repor. the Tcombs bill its distinguished authA
thus logically enumerates the various steps N the lorna
tiou o. constitution The preliminary meetings the cali
ing OF tho convention the appointment of delegates TIA
assembling the ocrventon the formation OF the oons
ton the voting lis ra.cation the election OF officers
uL1er it.
In the same report the author sr Toombs) most Justly
Observation-Disclosures constitution shall eformed in any
Territory preparatory to its admission into the Union as
State Justice the genius OF Institutions the whole Tho
DRY OF republican system, inperatively demand thA
the voice Of the people shall be fairly expressed and
there will be embodied in that fundamental law, withoue
fraud or violence or intimidation, any other improper
or unlawful influence and subject 70 other restrictions
than those imposed by the Constitution OF the Un'iee
States"
Governor Geary enlargcs somewhat rpon the idea a
the right Of the people to aty their own laws and shea
proceeds in tbs following forcioe LANGUAGE
The great prIcple then upon which our nes
institutions rest is tho unqualified and absolute sovo-
reignty Of the people: and constituting, az tiAl
priSciple does the most positive and essential fea-
ture In TIE great charter Of our liberties, so Il IS
better calculated than other TO give elevation 70 or
hopes and dignity to our actions SO long a. the pee
pie feel that the power TO alter the form or change the
they be impressed with that sense OF secury and Of
dignity which must spring from the consciousness
that they hold within their own hands remedy or every
political evla corrective for every governmental abuse
and usurpation.
This principle must be upheld and maintained at an
hazards and at every sacrihcemainaiucd in all tho
power and nness-in all the breadth aud depth Of us
utmost capacity and sgnihcaion II IL not sufficient that
it be acknowledged as mere abstraction, or theory,
doctrine; but practical, substantial, living reality.
The Governor then goes on to show thai would be folly
10 attempt admit Kansas into the Union State with
out the requisite number OF inhaOtants-the ratio u
representation FOR member OF congress" beng
1890 inhabitants lie also shows that there
was then, not only nothing Ike thus numbr
the Territory, but from the very construction Of tho
could the north of June 1857 who rot in tho
Territory early the 18th of March previous. Besides
the bupdreds of tree State who had been iorcbly
driven their claims and homes and from tho Terrific
~ could mot IN 20 vote owing ote dcul
Of travel and thus DISTINGUISHED, also tho
thousands Of expected arrive subsequent tO
the 18th OF March and before the election while, thc
other hand thousands Of Mssourans could they were
disposed and the free state men made contest, simply
cross the border into the Territory register their be-
fore specified in March and return TO their homes
and until the day Of election in June when they
could go and vote all Of which facts, he contends made
an additional argument why the constitution thus so DO
constructed should be submitted TO the people.
The Governor concludes rs follows
Burthened with heavy liabilities, without titles
10 our lands public buildings urinished.
our iails and court houses 10, erected, with
out money 20 pay the expenses of convention.
aud Just emerging from the disastrous effects Of bitter
civil foud IL unwse FOR few Thousand people.
scarcely sufficient 10 make good county 70 discard tho
protecting and fostering Of government ready 10
ss us with her and 10 project with her
mics. JNO. w. GEARY, Gov. OF Kansas Territory.
IKCoaTToS, X. T., Feb. ~ 1851
Gov Walker has been II the city today conrcrrng
with Col Fornoy. They feel quite sanginc understand,
that the IevomJon constitution cannot go through Coo
gress that il will be close rub in the Senate, but
ney or pass the House.
NEWSPAPER ACCOUNTS.