The Kansas herald of freedom., 1858-03-20

ally Increasing in numbers, but has never
yet been strong enough to make success
fui resistance against either sectional fac.
ton. In reference to the Leeomptou
question their opinions are decided, and
claiming to be conservative and national
in thir views, should be entitled to some
weight. 1t is asserted by the Admins
tration that the convention which framed
the constitution was regularly and le-
gally called into existince. think the
reverse is true. 1t is from the frst Leg
islature, that all subsequent laws derive
thsiF existence and validity, by which the
first steps were taken for calling together
a convention, and in pursuance of this
legislation, the constitution has been f.
nally framed and now submitted to Con-
gress. Admitting as true, that none but
legal Votes elected the delegates to the
convention, it does not necessarily follow
that it was legal body. If the power
which called the convention into existence
was not legal power, it must base its
validity on other grounds. None other
remains but the sanction of the party
that called it together. This would give it
no stronger basis than the Topeka consti-
tuition, because both would be informal
without the sanction of law. The recoe-
milton of the first Legislature as legal
body by the Administration, does not
make it such. We all know what consti-
tutes legal Legislature. at is a body
of men chosen by the citizens of State
or Territory to make laws" However
potent the Administration may be to en-
force the laws, it is impotent to convince
US that our first legislature was elected by
the citizens of the Territory.
1t is well known fact that majority
of the voters who elected the delegates
were in favor of a submission of the whole
constitution to the people; that pledges
were required from the candidates; that
the Governor most faithfully promised
that all his influence should be used to
affect such submission, and that nearly
all the papers in the Territory favorable
to the constitution, assumed the same
ground. Why was the delusion held out
to the people? Why those pledges made
before the election, and violated after
wards? There can be bet one reason, it
was to keep the opposition, whom they
knew were in the majority, from voting
for delegates, and beguile them with the
hope of defeating the constitution on its
final submission. The manner in which
the constitution was sent back to the people
was a surprise to all parties. The most
visionary had never imagined that if
referred to the people at all, it would be
in this one-sided, halfway measure. To
whose fertile brain this evasive scheme
first suggested itself yet remains a secret,
but the object is obvious. 1t was well
known if the power was granted the peo-
pie to vote for or against the constitution
it would be overwhelmingly defeated, and
hence the subterfuge of Withholding the
substance and submitting the shadow
The motive is too clear to require further
comment. Here, then, was a betrayal
of pledges, and an evident disregard of
the wishes of the people. The friends
of this measure claim precedent for it. l
have been unable to find any. There are
precedents for constitutions submitted,
and for those withheld, but none where
a vote was only permitted on one side:
none where but single clause was select
ed as test for whole instrument. It
was an insult to the people; mockery of
the elective franchise, to call the people to
an election, and then deny them free
expression Of their opinion; compelled to
reflect the sentiments of their despotic
or refusal to express their own.
1t would have reflected more honor upon
the members of this convention, and have
been more in accordance with our notions
Of right and wrong had the whole been
withheld. It is now asserted that by a
rigid construction, the only thing set
tied by the Nebraska bill is the slavery
question, leaving the implication, that.
all Others remain in Congress or some
other power, not clearly defined where,
but kept back from the people. Its now
discovered that this great charter of squat
ter sovereignty for which democracy has
been battling for the last four years, and
by the permanent establishment of which
the people were made to believe, that they
were liberated from ali political thraldom,
and the only true sovereigns, is at last
but chimera; that they have only gained
the right of voting for or against slavery.
If this is all We have achieved by the
triumph. the conquest has been adear one
to the nation. and viii, am afraid, result
in defeat to democracy. Such was never
before the Interpretation given to this
great principle. We believed-and hon
estly too-when fighting the strong array
of oar political enemies, that. If success
full. We were left not only untrameled on
one question. but all Others. and had q
different opinion prevailed, our defeat
would then have been as complete as it
viii be in future if the party persists in
Enaintsiniag this as the true construction
of the bill Our President tells Us that
was settled, and also advises Congress not