New-York daily tribune., 1858-03-20

eress, = sbfogase the Territorial Government, so
far a. tte power of making. repeating and altering
laws Was ed, and TO provide for an election
Of state ofhcers under its own authority, thoss
elections to be held BY and the returns to be msde
TO persons unknown to the Territorial laws, VINO
OWED their appointment solely to the Con7en
ton Itself. Now. in the act under which
the LecoOpton Convention met whatever au'
thorty it may confer to frame State Con-
ftitution. there s not O9e single word gl'i2s
that Convention any power 10 take sny steps
20 PIT State Government into operation, and still
ess any power to supersede in any wa the powers
of the Territorial Government. When that act
vas passed no doubt was entertained that the same
party which then controlled the Territorial Admin
straton would continue to control IT, and that auy
aid, comfort and assistance toward carrying out It's
programme which the Convention might need. II
might rely upon receiving from that quarter. II
wss not til after the October elections and the re-
fusa Of Gov. Wslher TO countenance the Oxf1rd
frauds lad deprived the Lecomptonites of the con-
troll Of the Territorial Administration that they con-
oeiyed the idea Of claiming not merely power in
TIE Lecoppton Convection TO make State Con-
stiut;op, but q power asO to supersede the legs
latye functions Of the Territorial Government. and
10 order elections TO be held 10 M the State Offices
without any regard to the laws and the constituted
slrhor'es Of the Territory, but under officers ard
provisions ofthcir own. Concede all that is claimed
=. 20 the power Of the I.ecompton Convention to
make state Constitution, suppose that as to that
Instrument the whole authority, capacity and Will
Of the people OF Kansas il centered in them, where
did they get their power to make the schedule
Where did they get their power to set up q
Stste Government Not from the people, nor
even from the Territorial Legislature Of Kali
sss; for the act under which the COnven-
ton met contains no hint Of the grant OF
any -uch power. Nor even if il did would
il avail anything since the authority of the Ter
r:tosisl Legislature, being derived from Congress,
can only be Superseded by Congress If We con-
otde the argument of the Administration party to
be ever 80 cOgent to the right and duty of Con-
gress TO regard the LecomptOn Constitution as the
act Of the people Of Kansas, in the Of the sched-
ule that argument totally falls for, in the first
place. there is DO ground to pretend that the people
Of Kansas ever conferred upon the Convention any
authority t. make it, nor, ia the second place is
there even any pretense Of any power in the people
f Ksnsas to confer aIy such authority.
1t is Obvious that the sanction by Congress Of that
provision of the schedule which deprives the Ter
ritoral Legislature of any power to pass new acts
or repeal old ones must be attended with the great
eat incOt veDience and confusion in the matter of
private rights. Since that schedule was agreed 10
by the LecOmpton Convention, the Territorial
Legislature has been in esson and has passed a
great number of acts, BY many of which private
interests We're deeply involved. 1t has granted not
merely municipal charters but charters to railroads
and bsnks. 1t has authorized the opening Of msny
Territorial roads. II has introduced an entirely nav
system of county and township organization. I'm
der these circumstances, what endless contention,
confusion and litigation might not be expected to
result from the sanction by Congress of the Le-
compton schedule snd the consequent nullihcaion
Of all these acts! 1t would be in vain to attempt
TO shift of upon the people of Kansas the Lame of
these results and the responsibility for them; for
however il may be pretended that the Constitution
was made BY their authorized delegates. there is no
room for pretending that they ever authorized any
body to make this schedule.
COncede to the Administration every point which
they attempt TO make and the utmost extent to
which their own view Of the case would authorize
them in going would BE- to admit Kansas as State
under the Lecompton Constitution, wholly ire
spect,o of the schedule annexed to it, aud direct
ing elections for State officers to be held under the
safeguard of the Territorial laws. 1t is impossible
to 90 step beyond this on the strength Of any al
legged authority conferred by the people Of Kausss
On the Lecompton Convention 10 act for them in
framing State Constitution. If tho Lecompton
sci dule TO be enforced it must be the joint
act OF the Lecompton Convention and the Congress
of the United States, without any consent Of any
sort, even by wsy Of legal fiction, on the part Of
the lcop'e If Kansas
WbM We first met Isaac III. Smith ou the benches
of n c,umOI. school in Vermont more than thirty