The Kansas herald of freedom., 1858-01-16
How 10 supsrseds the Leeomp.on swindle.

where we are, and whittier we are tend
ing? The mariner has not occasion to
refer oftener to his chart or reckoning to
ascertain his locality, than has the politi-
clan in Kansas to ascertain where the ship
of State is drifting.
In October last the people engaged in
an important election and triumphed.-
For brief time they were filled with
hope; but soon new danger, in the guise
of Lecompton Constitution, was sprung
upon them. The 4th of January last
was the only opportunity left us to avoid
that instrument, and that by electing all
the officers underit. That we have been
successful in the late election there is no
longer doubt, and nothing-not even the
baseness of Calhoun in counting the re-
turns-can prevent us from having ma
jority in the State Legislature, as also the
control of the State officers. And this
glorious result is mainly attributable to the
action of the "bolters," as they have been
termed, who would not consent to sacri-
fee the freedom of Kansas, merely to
allow set of non-voting factionists to
have their own way in public affairs.
During the last week several gentlemen
have enquired what we would ad-
wise in case we have been so fortunate
as to obtain possession of the government
by the election of the Legislature and Con-
gress should admit us into the Union
under the Lecompton Constitution. We
have replied in each instance, that as soon
as the Legislature is convened under that
instrument, without stopping to make any
other enactments, or doing any other
thing than to organize the law making
power, we would have them pass law,
enabling the people to elect delegates at
an early day, to a new Constitutional Con-
vention, throwing every necessary guard
around the ballot-box to ensure fairness
in the elections. This done, the people
should elect delegates, and new Consti-
tuition, such as the people desire, should
be framed, and submitted to them for
adoption or rejection. If adopted, State
officers should be Immediately elected
under it, and they should be permitted to
enter at once upon the duties of their
respective offices. This, we are happy to
say, was the position of the Convention
which put in nomination the Anti Usurpa-
ton State ticket at the late election, and
agreeably to the request of which, nomi-
nations were made in the various Legisla-
tive and Senatorial districts all over the
Territory. In proof of this, we copy the
third resolution of the Convention, in the
following words -
Resolued, That the candidates nomina-
ted by this convention, on accepting such
nomination, will be considered as pledged
should the Constitution be approved by
Congress, to adopt and execute immediate
measures for enabling the people, through a
neD Constitutional Conveation, to obtair
such Constitution as the majority shall
approve.
But it is urged that this would be in
formal, and in the way of the legal gov
ernment. Not at all. The government
recognized by Congress has only givel
back to the people the power to begll
anew. They do not stand in the way
the new government, on the contrary they
have neglected to provide for the judiciary
or even to enact laws for their own perpe
tuity, and have made provisions for new
government to supercede their own.-
Congress, nor the Federal Administration
has no power to interfere; as the fedora
arms can only be employed in State t
sustain government "on the application
ofthe Legislature when in session, or by tn
Governor .chen that body cannot be convened.
Our State government, instead OF askin
the federal government to sustain 1t, vii
have made provisions for its own deatt
and for its successor.
The new government, fully inaugurate
with the legal sanction of the legally au
thorized government agreeably to tn
nosition of the President in his late mes
sage to Congress. and agreeably to th
position of all the prominent statesme
and jurists of the country, and with tn
almost unanimous sanction of the people
it becomes the government, not only q
faeto but de jure, and as such it at ono
enters upon the discharge of govern
mental duties.
No lawyer viii controyert the sound
ness of this position or the feasibility c
thus inaugurating legal government &
the people, without bloodshed or violenc'
It has been proposed by some non-prc
fessional men that if we get possession {
the Lecompton State Legislature, in tn
manner indicated, that the members in
mediately resign, and give place to tn
Topeka organization. Tho thing is i'm
practicable, and cannot be done. Thos
who urge it ara visionary in regard to th
proper procedure. If the Delegate Cor
vention choose to adopt the Topeka Cor
stitction they can do SO; but we have \
idea that that is an infallible instrument
We look upon it as very defective, an
were It not for the constant efforts of
few interested persons to keep that han
favorably before the people of Kansas
would longsince have been forgotten.
has many wise provisions, and win sery
as q good basis for new Constitutions
Convention to build upon; but we al
ardently hopeful that Kansas will, in tn
end, have Constitution possessing "a
less objections of an offensive natur'