Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1858-03-17
p.r,r, of the Kansas Investigating Conn
- IL 1. IlaiffRR. -

consent to present u IN tae slipu7e,S9ts o"e y!
saving that the subject matter to whlch at'en'
tion should be directed was liz
F;rst-The law for taking the census OF
rho neonle Second-The law calling the con.
vantion' Third-The registry OF the voters and
the anDortionment under it. Fourth-The as
sambiino of the convention and its journal. Fifth
The constitution so made. Sixth-The off,
cial vote on the ratification of the subject COM
mitted. Seventh-The committee filed, not
deerning it material, the act of December last,
providing for a vote for or against the slavery
clause on the 4th of January. Eghth-,1..ne VI
fetal announcement of that vote, anu Mill
The written statement of Gen. Oainouh III ieia'
ton to the registry OF votes e'c''-ou ""''"
shedsno light on the SUBJECT
Tho ran0rt saws that these facts show great
recnIaritr and strict conformity to law; and
that no State heretofore applying for admission
has shown clearer record. .la
No objection to the admission of Kansas ari-
SEES on the usual inquiries-frst as to the applica
ton; secordly, as to the regularity of the pro-
ceedinps: and thirdly, whether the constitution
is republican in form. MAJ
The report then answers the objections, going
very fully into reply to Gov. Walkers argu-
ment. founded on his assumption that the valid
itv of every State constitution depends on Its
having received the sanction of popular vote:
This assumption is denied, as not being sustained
by principle or authority.
"Sovereignty," Gov Walker says, sis inallen'
able, and rests exclusively with the people"
This is granted, but the report says 1t does not
follow that sovereign power cannot be delegat-
ed. The formation of constitution requires
the exercise of sovereign power; but so does
the eommonest act of legislation. II the one
can be delegated so can the other. All the
constitutions of the old States were made by the
conventions without ratification except that OF
Massachusetts.
The constitution of the United States was rat'
fled by State conventions, and never by the
popular vote. The amendments to it are to be
conourred in by State Legislatures, and not by
the popular vote, to give them validity. II
Gov. Walkers doctrine be correct we should be
without State constitutions or laws in hall OF ths
States of the Union. The objection that an en-
aiding act is necessary is also answered and
shown to be untenable, both in principle and
authority. .8
The question relative to the registry and ap-
pointment is very fully treated. The charge
that nineteen counties were distinguished is
completely answered. There are but thirty -tour
organized counties in Kansas. Twenty.one OF
these were represented. Nine of the thirteen
unrepresented counties have very little popula
| lation In seven of them not vote was cast al
| the January election against the constitution
| In two others of the nile less than one hundred
votes were thrown; aud in the TOUR remaining
namely Franklin, Anderson, Coffee and Breck
inrdge there were but elven and thirty-hye.-
In these four counties the officers were prevent
ed from making registry.
The report also shows, from the registry and
apportionment together with the official returns,
that st the fourth of January election, the
five counties of Leayenworth, Atchinson, Doug
las, Doniyhan and jefferson, cast ave thousand
one hundred and eighteen votes, which Is me
lorty OF the whole vote cast throughout the
territory against the constitution. And yet all
these count,es were registered and represented
in the convention, having thirty six OF the sixty
delegates OF which the convention was comp0s-
! ed
| If it be true that the opponents of the constitu
ton were so largely in the majority In those
counties, and so violent in their opposition
| why did they not elect men to form constltu
zion more to their likingl They had within
hour votes of two-thirts of the copyentioni why
then, did they fail TO act at the proper time e.
Their refusal, therefore, did not invalldate the
| Just fair and legal action of the convention.
The resolution under which tho committee
was appointed, directed them to inquire wheth
er the Lecomp,on Constitution is acceptable and
/ satisfactory to the people, The reply TO this is
that the only correct test is the ballot box, and
such an expression of the popular will as is there
I given at the proper time and place, according
to law. By this test the constitution was a
dopted by an overwhelming majority of those
who Joined in the election. These only can be
considered as the bona tide citizens of Kansas
Others who abstained are mala tide residents
who went to Kansas for mischief and STRIFE
rhey are self acknowledged outlaws, and are
mot to be considered as constituent elements o
community or society, against which they are
in open rebellion.
But on the 4th of January, at the election fol
State officers under the constitution, more than
10000 voters in Kansas did go to the polls
and thus showed couclusively that at least four
titths of the voters of that Territory were will.
ing to vote for the election Of State officers un
der the constitution. This shows that the con-
stitution was not only acceptable, but that II
has been accepted by at least four titths OF the
voters of that Territory, though not entirely
satisfactory to all OF them.
The committee declined to go into an investi-
CATION of the alleged frauds at the January elec-
ton for State officers for want of jurisdiction Of
the House over the subject. They say they can
no more Investigate frauds relating 10 the cleo
ton of State officers in Kansas than in any 9th
err State These matters are to be inquired IN
to by other appropriate legitimate tribunals. Ii
the seat of the member of Congress elected to
this House be contested on the ground of alleg-
ed frauds, the House would have jurisdiction o.
yer that question; but uot as to frauds in the e.
lection OF Governor or members OF the Legisla
ture of Kansas.
The report concludes with tho recommends
ton for the admission of the State of Kansas, IN
pursuance OF the views of the President, believ-
/ ing the welfare and prosperity of the people OF
Kansas, as well as the general welfare, peace
and harmony of the whole Union will thereby
be promoted,