The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1858-02-24

this instrument wasnot the subject to be
determined. Itswasits legal construe-
tion, and that we, as judges or statesmen,
must pass sentence on its purport aud
neaniog What is its purport aud mean
| ing That but one single subjsct is sub
| mitted for the consideration of the voters;
that the whole subject was before them
when they voted for the members of the
conventions; that if they stayed away, they
stayed away in their own wrong; that
| they did their duty when they voted for
members OF the convention; that conven-
tion was as legal and regular as any that
ever sat in the whole limits of this Con-
fede acy and that this one question
submitted to them is presented to them
/ from mere consideration of propriety
aud policy. and not from any legal com
pulsion whatsoever This was my posi-
ton.
Now. is the fair construction of this
clause of the schedule in accordance with
the positian | take or is it in accordance
withsthc position assumed by the Senator
from Illinois The seventh section of the
schedule says:
..Th;ss this constitution shall be submitted to
the Congress ofthe United States at its next en-
1 suing session, and as soon rs official infor-
the same. by the admission
For that is the. ouly approving they
have to do-
States OF the United States, the president of this
convention shall issue his proclamation to con-
vene the State Legislature al the seat of govern
nent within thirty one days after Iublcation. :
Should any vacancy occur by death, res ignaiion
or,otherwise, in the Legislature or other office,
he shall order an election to fill such vacancy :
| Provided, however, In case of refusal. absence,
or disability of the president, of this convention
| to discharge the duties herein imposed on him.
| the President pro temEore of this convention
! shall perform said duties and in of ab-
scnce, refusal, or dsa bIlty of the president pro
,enpore, committee consisting of seven. a
majority Of Them, shall dischargeth duties re-
quIred oi the president Of this convention
1hen comes the section marked ..elev-
en-, which has reference 10 the mode of
submitting to the people of Kansas wheth
er they viii have slavery in the consti;u-
ton, or whether slavery shall be stricken
out of the constitution. 1t is in this Lam
guage /:
&c Before this Constitution be sent to congress.''
1t never takes effect until the admission
of the State by Congress. Before shall
be sent to Congress certain things shall
be done.eT The question on which l intend
cd to correct the Senator was. that the
constitution, as the constitution of o State
government, never is to take effect unless
iSassrs be admitted by Congress into the.
Union.
ss Before this constitution shall be sent to Con-
gress for admission into the Union as State it
shall be submitted''-
What Is TO be passed upon? Let us
Sec
ss to all ,be white p,,Io nb,b;t,,+s f ,bs ,arr;
tory for approval or disapProval, as follows:''
What Is to be approved 1t is submit
ted to them to be approved or not approx
ed, on W hat point? Why, I" as follows"
What does follow:
-s' The president of this convention shall. by
proclamation. declare that the 2Ist day of De-
cember, 1871 at the different election precincts
now established by law, which may be estab-
lIshed ,as herein provided in the Terrtlry of Kan
sas, election shall be held, over which shall
preside three judges, majority of them, to be
appointed follows: The president of this con-
shall appoint three commissioners in each
county in the territory, " hose duty shall be
appoint three judges of election in the several
precincts of their respective counties, and to
tablsh precincts for voting, and to cause polls to
be opened at such places as they may deem prop
in their respective counties, at which election
the constitution framed by this convention shall
be submitted.''
How
- 10 all wnlte male lnhaDttantS oil the IerrIto-
ry of Kansas in the said territory-upon that day,
and over the age of twenty-one years, for ratifi-
cation or rejection, IN the following manner and
FORMS
The term "ratifcstion' and the term
/" jection'' are both used, but to what
had they reference For ratification or
rejection in the following manner and
FORM" 1t has reference to the only one
thing submitted to them. What is that ?
..The voting shall be by ballot. The judges of
election shall cause to be kept two poll books by
two clerks by them appointed The ballots cast
at said election shall be Indorsed, " constitution
with siayery.''
Not .' for constitution" and q for slay-
cry" There is but one vote cast-not
for two things. 1t is for one thing the
vote is cast 60 constitution with slavery"
or oG the other side, g constitution with |
no slavery" So that there is but one
single point submitted to the people on
which. they can vote, or were Intended TO T
roie, BY the.Inode in which this question
was submitted. / remarked ou the word I
I" ratified" that it did not mean the whole
constitution should be ratified and fixed |
aud determined, but that the people were
to tx, settle, and determine that which
had not been fixed, settled, aud determin-
ed, to wit /: whether there should be a
clause sauctioning slavery in the constitu-
tion or not. The last section is as fol-
lows:
Section 1e. This constitution shall take eff
feet and be in force from and after ratification
by the people, as hereinbefore provided.''
IT'S ratification means settling and de-
as before remarked !; but it Is
to take effect /" as hereinbefore provided"
1t is provided that it shall not take eff
feet until Kansas has been admitted by
Congress as one of the sovereign States of
the Union. The people of Kansas have
never proposed, and do not propose, in
this constitution to erect government in
opposition to Federal authority. They
have been pursuing Federal authority
from the inception of their movements
down to the present period of time It
met the sanction of the local government;
it met the sanction of the executive pow
sr, aud they have thus been acting in con-
farmity with the Federal Government
W en- thus finished, it says it shall not