New-York daily tribune., 1858-02-20
Asaint the Le- Per The Lee'n For ,he

Coffee. ..''''.'''''''''' 20
NOOdsCn..........
Ricbsrdson.............l III
Ms6on........,....... ~
Devp. Al
sS. Di,cac l.,s not , sen. in % their returns but the
above the compile w ;of 6EstTs f.sf:s up TO ibis Date
&C w BABCOCK,
. 'PresSs.s I, sd aI,a Of III the Council.
"Spesker of the House Of ofRepresentsiive.
"Jonuay, S, 1853"
From this official proclamation, il appears that the
Lecompton Constitution was repudiated and rejected
by tee pee pie Of Kansas at tha, election by clear
majority Of ten thousand and sixty -four lOO6i votes
IL is proper however, to remark that, withstand
ing the Legislature had provided by law that the vote
on the ratification or rejection OF the Constitution
should take place the 4th day OF January, the
friends of that Instrument in disregard of the law,
held an election on the 2st of December, under the
pretended authority of the Conventions and that IL
appeared from proclamation signed by Z; W; bao-
cock President of the Council, aud by q. w. Deitz-
ler Speaker of the House of Representatives. OF the
Territory, who were present by invitation oil John
Calhoun President of the Convention, at the counting
Of the votes that six thousand one hundred and forty
three (6 l43 votes returned for the Constitution
with Slavery and that five hundred and eighty-hine
(5so) votes were returned for the Constitution with
no Slavery" Showing majority OF hve Thousand
five hunored and seventy four (5,51l votes cast at
that election for the Constitution with Slavery a.
presen.edto Congress for acceptance.
1t is also stated in the same proclamation, that
more than one half Of this majority cast at these
very sparsely settled precincts in the Territory, two
Of them in the Shawnee Reserve, en- land not open
" for settlement, viz: ~
Oxford, johnson County. ......l,266
Shaw nee johnson County. 729
Kickapoo, LeavenwoYth County. .......J,Ul|
IOtal.... JUL
From our personal knowledge Of the settlements in snd
the above psce have hesitation In saying ths
alnabp but
sard W. re gal pond by the Tie Territory
But assun ing this election to have been fair and
valid, although not held and conducted according to
law and assuming the returns to have been genuine
and Il voters tOhaye been all citizens of the Territory
Notwithstanding the recent developments of the
frauds at the pols, and in the returnsassumlng
all tns, let us sec how the matter stands when We
compare the sus Of the two elections. At the ecc
ton on the 4th of January the majority against the
constitution l6,O6i. At the election the 2ist
of December, the majority in favor Of the Consttu
ton presented to Congress was 5,57i; showing a
clear majority against the Constitution comparison
of the IeiuIDs Of the two elections, and suppOsing
each to have been fair and legal OF 4, ,49O. II from
this calculation we deduct the fraudulent votes accord
ing to the statements OF the presiding officers of the
two Houses of the Legislature, who present at
the opening OF the polls and the knitting OF the votes
by the invitation of the President Of the Convention
and have majority of more than 5000, four to
one of all the legal voters Of Kansas opposition TO
Isthe Constitution.
| The manner in which the advocates Of the Lecomp.
ton Constitution hope to avoid the force Of this
whelnng verdict gsnst it by the people of Kansas
explained in the following passage from the recent
SPECIAL NJ, sssge Of the President of the United States
| which contains all that he says upon the subject:
der an se the Territorial Leei.sias on the f Monday Of
Jspusiy the Leeonpton Constitution Th. election
Uron sovereign State authority the
Territorial which could possibly destroy its existence
Quoted under my instructions involved strange Inconsistency
majority OF the who voted against the Lecpmpon
is valid ,Aence IN tie most solemn aud authentic By
formation Of the r,sult of Til. election"
1t is to be regretted that on the I'd day of February
tie President had received official information OF
the result Of the election held on the 4h day of Janu
ary which published in the :" proclamation to
which have referred and WAS republished in the
new spapers Of this city and Of New-York as early
| the 30th of January, from which proclamation the
President would have learned if he had received it.
that the pole of Kansas had repudiated and rejected
| the Lecompton Constitution by more than II, ,O0O
iory at that election II seems, however, that the
President attaches no importance TO this overwhelm-
ing vote Of the people Constitution for tue
reason that he supposes this election held after
the Territory had been prepared for admission into
the Unionas sovereign State, aDdwhenno authority
existed in the Territorial Legislature which could
possibly destroy its existence change its charac.
| ter" BY what authority had the Territory been
prepared Tor admission into the UnoQ7 Certainly not
| ty the authority OF Congress, for l have already
shown that Congress withheld its accent when asked
by President Piece in special message 10 grant il.
Was it by authority Of the Territorial Legislature
1t is peculiar doctrine that Territorial Legislature
may assemble Conyention without the assent Of
Copgrt ss and empower the Convention, when assem-
be 10 abrogate or impair the authority of the Terri
toral Government established by Congress Of which
the Legislature is q constituent part.
The question does not now arise for the first time in
the history Of country. II under the sd-
uinstration of Gen. Jackson the right of the Ter
rtorial Legislature of Arkansas "to prepare that
"Terrtory for admission into the Union q sovereign
State without any express authority from Congress-"
and after mature deliberston, Gen. jackson deliv-
cred the decision OF his Administration upon the propo.
stion through Mr.. Butler, his Attorney General.
quote from the opinion:
80 suTpose that tbs legislative powers granted the General
Assembly nolude the authority 10 abrosA,e, alter modify the
Terl established by The act Of Congcs, and
which the Assembly constituent part would be mAniie.ty
Con,,uiion Of the Uted and with the treaty by wh
the Territory par Of Louisiana, ceded 10 the United
Ssie. is iurtne Of the Tertory paramount tbs
power Territorial Le esure aud only De or
nv and III, Of The TeuioTy bouul b
it, rroysors ard Incapable Of sbogatnE them L. M
ue and people American States bsund BY and inca
Ishie Of abossng the Constitution OF the United States
.lso maxim Of universal law that; when parteul.r
thing 10 prohibited by law al means ATTEMPTS oontTyancest
efec; such tLns prohibited Consequently ia
tie power Of Genera Assembly Of Arkansas 70 pass
for the puIpte Of eeftng members 10 Conyenon ~ form
Government, 70 do cther
directly indirectly create such Government Every
such though approves By the Governor Of
standing veto by OF thirds Of each branch
stil ;. equally void"
Thus il appears tha, under the Administration OF
General Jackson the doctrine obtained. ana have
never heard is correctness questioned until the preseb;
seesion Of ccDgrsse hat CapyeLtop assembled u