The Kansas herald of freedom., 1858-04-17
worth Considering.
CoUSo1L Grove, z. IT,
March 24 1873

4
of the Legislature in December last, sub
hitting the Constitution framed at Lee
| compton to a vote of the people 1t
should have been well known fact at
| the time the election law was passed that
these Commissioners had refused to act
| and that consequently the people who
were mostly en- nasse opposed to that in
| strument, were prevented from opposing
| it by their votes. Now from the same
cause we are prevented from eiecting our
county officers and arranging other towns
ships and county affairs, Is there no RENE,
| dy for this? Is there no penalty attached
| for refusing to act in that capacity when
properly appointed? The people feel that
they have been hindered from enjoying
this privilege of freedom long enough.
Very Respectfully, Yours,
7. C. HILL.
We are not conscious of any remedy in
the case referred to short of further legis-
Iation. 1t was an oversight in our Legis-
lators, as were many other things which
they passed over too hastily. The insti-
tutions of England, which boast of their
great antiquity, are imperfect, and Par
lament finds something each year that
needs adapting to varying circumstances.
The best jurists and statesmen of the age,
| in drafting laws, soon find defects which
they are compelled to remedy by amend
ments. Were it not for this necessity the
legislature. of a State could convene, pass
acode, and adjourn sine die; but so neces-
sary is it to provide for the imperfections
of laws, no State is able to dispense with
annual sessions. Ohio, Michigan, and
some other States, have only provided for
biennial sessions, but power is vested in
the Governors to call extra sessions, and
thus far they have done it annually.
The session of the Legislative Assem-
bly, of Kansas was limited by law TO forty
days. 0ne-fourth of that period was
exhausted by an effort on the part of the
minority to induce that body to commit
suicide-to terminate its own existence
During that time those persons who were
desirous of inducing that body to adjourn
to give place to the Topeka Legislature,
had flooded is with private bills
These were placed first upon the calender
and first demanded the attention of the
Legislature, to the exclusion of important
public interests. And then the members
were wholly unacquainted with parlia-
Fmentary usages, and were not able to press
forward matters with that expedition
which they would have been able to have
done under other circumstances. And
may We not add: There were very few
legal gentlemen in the Legislature-men
who have made the law their study, and
who are presumed to be better acquainted
with the imperfections of legislation than
those who have never given an hours
study to the subject. If a farmer desires
to build a good house he employs his
architect to draw plan, and gets car
penter who is qualified to work to the
design. If his watch is out of repair he
takes it to workman whose education
and practical experience adapts him to a
knowledge of all its parts, and the better
he understands his trade the better work
he gets. But, in matters of legislation
asubject that has engaged the attention of
the learned for centuries every man feels
himself qualified to make laws, and every
man desires to distinguish himself by
occupying seat in the Legislature. The
result is that in our State Legislatures,
members are elected who know nothing
about law; who, ten chances TO one, never
looked in stat1te book, or if they have,
know literally nothing about the great
principles which underlie the social
| fabric.
Here in Kansas, we are in a rudimen-
tary condition. Here is mind and mus
Gle, but both need adapting to the new cir
cumstanees which are thrown around US.
The people, if they want wholesome
laws, instead of electing men ignorant of
the defects of the law to make and amend
laws, must elect those who have given
that subject their study. We are con-
e,,o,e tb;s e,,roost;1,, .,.,;ll 80 -. IL
popular favor, and that the motive for
penning it viii be. misconstrued. That
will be the fault of those who put such
false constructions On it, not ours.
The great secret of southern politicians
being so successful in carrying their meas
ures, is owing to their retaining a seat
year after year in the Halls of Congress.
They bring vast amount of practical
knowledge to their aid, which enables
them to gain the mastery over inexperi-
enced members from the north. Mr..
Benton could occupy a seat for thirty
years in succession in the United States
Senate, and Clay and Calhoun were there
nearly as long; but where is the northern
man who could bring this amount of ex-
perience to his aid. Even Webster was
found yascillating through different Offices,
sometimes minister to a foreign Court,
and then the Secretary of State, and so
changing from post to post BIZ. Gid:
dings is the only man from the northern
States who has been retained year after
year at a single post. Whoever reads the
debates of Congress cannot but admire
the old man, who seems to be SO well
posted in the affairs of that body. His
experience enables him TO call up a vast
II u -.