The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-11

vested in that body, but referred it
to the people for ratification or rejeo-
ton under the superstition that the
popular will expressed through the
ballot-box might impart vitality and
validity 10 it, But, before the time
arrived for holding the election ON
the ratification or rejection of the
Constitution, as provided by the Con.
vention, the Territorial Legislature
interposed its authority by the pas
sage of law, providing that said
Constitution should be submitted to
the people for ratification or rejection,
at q fair election To be held in con-
formity with the laws of the Terrific
ry, on the 4th day OF January, 1853.
The reason for this Legislative inter
position, by which the vote on the
Constitution was in effect TO be post
poned from the 2lst of December 10
the 4th Of January, and then held
and conducted, and the returns made
in the manner prescribed by law,
may be- deduced from the following
facts:
|. That, while the Convention re-
cognized the right of the people Of
Kansas 10 "ratify" or "rejea" said
Constitution, and provided that il
should not take effect nor be sub.
mitted TO Congress for acceptance,
until 80 ratified. at an election 10 be-
held fes Tire parpcse Of d" ratification
or "rejcctioa," yet the mode Of sub
mission prescribed by the Conven-
ton was such as to render il impos.
sible for the people To reject it at
said election, even if there should
be but one person Offering to vote for
it, and 10000 against, since no per
son was 10 be permitted TO vote I'M
less he would vote for the Constitu-
ton, and those who should offer 10
vote against the Constitution were
to be excluded from the polls, and
deprived of the privilege of voting
at all at said election.
II. That the mode Of submission
prescribed by the Convention did not
fully present the question 10 the pco-
pie to be decided ut that election
whether Kansas should be slave
holding or a non-slaveholding State,
for the reason that while there was
known to be many Pro-Slavery men
residing in the Territory who were
anxious to vote in favor Of making
Kansas a slavchoIding State, but
were at the same time irreconcilably
opposed % that Constitution, and
while it was also known that there
were many Free State men resident
in the Territory who were equally
opposed 10 the Constitution, whether
the slavery clause should be retained
or excluded; yet the Convention had
promised in effect that no Pro-SIav
cry man should vote IN favor of max
ing Kansas a slaveholding State
unless he at the same time recorded
his vote in favor Of the Constitution
nor should any Free State man vote
in favor Of making Kansas a Free
State, unless he ut the same tim,
would record his vote in favor Of the
Constitution.
III. That inasmuch an the Con
vcntion did not possess any legisla
tive power, II could not prescribe
and did not attempt TO provide any
penalties or punishmcnts for illcga
and fraudulent voting, or for false
and fraudulent returns, except by @
vague and vain reference 10 the Ter
ritorial laws.
". That the schedule Of tho Con
stitntion had taken the whole man
agcncnt Of the said election out OF the
hands Of the Territorial officers, and
placed it ia the hands of Commits
sioners, Judges and Clerks, 10 be
appointed by and authority Of the
President Of the Convention and
even if the Territorial laws could be
construed as applicable 10 the person,
80 appointed to conduct this cleo
ton, yet fraudulent and spurious and
forged returns could be made with
IMMUNITY. as had been the case in
other elections, for the reason that
by some singular omission or mad
vertence, the election laws Of thu
Territory failed 10 provide any pen
altics or punishmcDts for such Of
lenses.
DO not these facts furnish suilicien,
reasons 70 justify the Territorial Leg
isIature in intcrposing its authority
"a it did on the 18th Of December, in
the passage Of law which in effect
postponed the election on the ratiii
cation or rejection Of the Constitution
until the lth day Of January, and
provided that on that day a fair cleo
ton should he held. At which any