The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-26

vestet by Congress gallant conduct that
strength. 1t seems hard indeed TO all ties at such
an age and illustrates well the truth
Leaves have their times TO fall,
And flowers 10 wither at the north winds breath,
And stars TO set-but all,
Thou hast all seasons for thine own, o deathl'
THE WASHINGTON DEMOCRATIC ORGANS
ON KANSAS AFFAIRS.
CHOP LOGIC, FALSE PRETEsCEs AND TREACHERY.
From the Washington Union, Jan. %.
A LEGITIMATE BALLOT BOx-rHE WILL OF THE
MAJORITY"
The legally expressed will of constitutional majority
Is the supreme law under our republican institutions:
From there Is appeal above II there is no law OF
civil action higher" or more imperative The great ex
pertinent q popular government, which the founders OF
institutions inauguraed and which We are too reck
lessy conducting 10 solution Is nothing than
pertinent of the government OF the majority.
The experiment Is not new one. IL was tried In
Athens IL tried other OF the ancient dem ocraces
well as in modern ones-and failed. IL failed from sun
dry causes which we may avoid; but chiefly from two
The people acted less directly in mass In per-
SON. through representatives chosen and commits
stoned to act for them that camor rather than delbe
ration marked their proceedings and passion rather than
reflection dictated the laws Moreover the will OF the
majority n licensed, unrestrained WILL regulated BY
no Fixed constitutional ordinance.
The excellence OF systems OF poly consists In
the remedies have devised for these evils. The
founders Of institutions based their whole confidence
the OF experiment OF popular government
in the efficacy OF these remedies The two features OF
well ordered rep esentAiion and written constitution
those which distinguish governments the repub
hes that have failed, and in which are concentrated all the
hopes for the better OF great experiment
The ballot box Tor rather the poll book Is the agency
by which select this representation, and ascertain the
Constitutional will Of the majority II is probably the
most important agency in system OF government and
the OF experiment largely involved In
the preservation Of lis purity aud Legitimacy than in any
other agency whatever
The will Of the majority being recognised as supreme,
there but two modes OF asceranipg by force and
arms by the ballot box-by the Jim lane process or
the legal processby the Topeka plan, the Lecompon
The will Of the majority, 10 be binding must be conss
tent with the organic and expressed through legally
constituted organs IL must be expressed by the people
directly through the ballot box IN tue manner prescribed
by law, by their constitutional representatives legally
and regularly chosen through the ballot box The ballot
box is the alembc; but is the legitimate ballot boz Of
the Law and not the mprompu ballot box devised for the
occasion by defiant faction
The success OF our republican institutions depends
sentslly upon unfolding the legitimate bao, box aud
putting down the spurious. II not the will OF
pel nell majority, even though be majority in fact
that may rule supreme IN our land nor yet OF majority
flying faction. II only the will OF the majority ascer-
by the ballot box Of the laws and constitution that
Is legmaely supreme. Honest, faithful, wise represen
taton very essential to the o our great expert
ment Of popular government; but more essential
than this because necessary 70 this, the supremacy OF
the legal constitutional ballot box the mock OF
The minority care endowed by their Creator with
certain inslienable rights and the constitution, and
the laws enacted in pursuance thereof the barrier
which protect these rights from the brute power Of
the majority. The legitimate ballot Dor is the crea.
ture and instrument Of this constitution and these laws
through which alone the maortys will be expressed
with authoritative enect-can prevail the minorys
The ballot box OF the mob the ballot box OF faction lacks
all the sanctions and attributes which enite the many
prevail the few through ts agency. the ballot
box OF brute force law and order, OF might
over right the majority have determined 10 rule over
the minority outside OF legal and constitutional forms,
well nigh, they carry out their purpose with high hand
strong once, than through the sorry device
and counterfeit agency Of Illegal ballot box they at
tack popular In It's most vital part who asurp
The sacred srms Of republican procedure for the purposes
faction and tyranny.
Away, then with the demasogue appeals for the
viii - the msjory with which the country I.
mere will OF the loose majority that Ia supreme In
our land Of laws and constitutions but "the will OF tbs
constitutional majority expressed upon questions that may
be legally adjudicsted through the legitimate ballot
boz"
these abstract reflections we have indicated in some
degree the nature Of one Of the leading questions which
will arise IN Congress in coDnexon with Kansas az
fairs. IL aquestion between men who have observed
The forms OF Law and respected the legitimate ballot boz,
and men who have wantonly and dehantly repudisted
both. IL than question whether negroes shall
be free slaves in Kansas II IL more than question Of
Congressional dealing between two great sections Of
the Union Ifs question that touches the vital action of
our republican system lie question whether the bal
lot box OF the law and constitution that or force and
fraud shall be the supreme srber between the majority
snd minority Of republican citizens.
ltrom the Washington star, Jan. %
BOGUS KANSAS DISPATCHES.
The despatch concerning Kansas affairs published in all
the papers Of Washington yesierdsy-n the morning
well as the evening j0urnas-was made up have since
asceranea from the Kansas Of the 81 Louis Demo
crot famous for publishing Roorbacks Of the kind 10
the end OF decevng the distant public for the benefit OF
the Topekaites. This despatch follows. We re-
publish II 10 render our comments Il more Ineligible
Kansas tLtcroS-oructat RsruRss.
ST LoUfs, Jan a. 1853.
The Deuoro publishes the Official returns Of the recent
Kansas elections over the signature q Denver fol-
MISREPRESENTATION with slavery 6t3; without slavery"
Al the election n the 9Th inst All the officers
elected BY average majority Of as The Senate
stands l3 free State democrats House. ~ State
70 IS democrats The maorsy against the constitution.
the same election, was 10 21he alleged frauds OXFORD
shawnee and Kickapoo being counted.
Casually read tits likely 10 create as designed, the i'm
preston that the statement that the election OF the ih
lost resulted In the triumph OF the Topekaes for state
officers by majority Of AIS, based some paper
over 'tbe signature OF Governor Denver" Nov, the
truth IT, refers in this particular only 10 the election OF
the 2st utmo wherein, according TO this despatch even
the Topekates were beaten.
Our reliable sdvioes from Governor Denver are even