Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-02-09

For the Enquirer.
CONTINUATION OF a FEvEW OF "A REVIEW
OF GovERNoR WIsE'S TAMMANY LETTER By
AN EMINENT VIRGINIA STATESMAN"
To Charles w. Russell. Esq of IWeciinr Virginia
Sir: In my last letter, have undertaken to de-
monstrate:
lst. That the Lecompton Convention doea, by its
schedule annexed to and sent to Congress together
with the Constitution, specifically deny its autho
rity to proclaim Constitution unsauctoned by popu.
lar ratification.
For an entire corroboraton of this assertion rs.
fer to the following extracts from the schedule itself
"Sec III. Before this Constitution shall be sent to
Congress for admission into the Union as State, il
shall be submitted to all The trhHc male inhabitants nt
this Territory for aPproralOr disdProral, ar follows
The President Of this Convention shall, by procla
nation, declare that the 2lst day OF December.
1857, at the different election precincts now established
by law, Or which may bs established as herein pro-
vded in the Territory of Kansas an election shall bs
held, over which shai preside three judges, ma,
lority ol three, to bs appointed ss follows The
President Of this Convention shall appoint three
Commissioners in each county in the Territory, whose
duty shall be to appoint three judges of election in
the several precincts of their respective counties,
at ohtch election tie Constitution tram'd By ts Con
vention ShaR BIZ submitted to all tie 'chRe male inhr
bAants OF hs Territory of Kansas, in the said Terri
tory upon that day, aud over the age of twenty-oo
years. for ratification rejection, in the following
manner and form: The voting shall be by ballot Tie
judges OF said election shall cause to be kept two poll
books by two clerks, by them appointed. The bol-
lots cast at said election shall be endorsed "E0aStj-
ton ncith Sarery and "Constitutioa rhh no Siare.
ry." One Of said poll books shall be returned within
sight days to the President of this Convention, and
the other shall be retained by the judges of the elec.
ton and kept open for inspection. The President,
with two or more members of this Convention, shall
examine said poll books and If it shall APPEAR, npom
said examination, that II majority Of The legal roiss
east al said election be IN tdror of the "CoRstuton
ncHh Starry" he shall immediately hare The sa'ae
transmitted 10 the Congress Of the Untted States, as
hcre,nbetore prorided. But If, upon such eramino-
Of the legal rotes cast at said election be tarOr of he
"ConsttutioR nth Siarfry," Mes The article pro.
riding for savery shall be stricken from The Cous,.
ton by the PrsSidcRt Of his C0nrcn0n, and stare.
ry shall ertst in the State Of Kansas except that the
right of property in slaves in this Territory shall
in no manner be interiered with and shall have trans
mitsd the Constitution so ratified to the Congress Of
the United stste'' as hereInbefore provided"
"Sec. a. Every person offering to vote at the
aforesaid election upon said Constitution, shall, if
challenged, take an oath to support the Constitution
of the United States and TO support this Constitution
If adopted. under the penalty of perjury under the
territorial laws.
"Sec. H. This Constitution shall take effect and he
in force from and after its ratification by the people
as hereinbefore provided"
Thus there no longer exists, question as TO the
sbsoueness or the limited power OF the Convention
That body has, by its own solemn act, renounced al
authority, rightful or pretended, 10 enact Consu
tion by its own vote. Had the Convention svow-d
ly presumed 10 enact Constitution without popular
ratification, then there might have been question
as TO whether Congress could go behind the act o
the Convention, to decide between the Convention
and the people. But now the Convention has avcw
edy decided that the ,cho Constitution shall be sub
mitted to all The nhle male inhabitants of the Terrific
ry for their" approval dis0pprounl for their rat
Jfcnt'on or rectiom." The same provision is repeat
ed in the same section, under two different forms
expression, the most forcible and the most explicit
Whatever authority may attach TO the Act of thf
Convention has gone forth to ASSERT the unqualified
right Of the people, and of the people alone, to enact
the Constitution, or to reject it. From the act Of the
people, by their express ratification, il only De
rive force and existence. II only take effect mud
be in force from and after its ratification the people,
BY the express words Of the schedule, CoDgressis
ly authorized 10 act upon the Constitution, ate'
it shall be 'rdtJftd" by means of popular eection
Mark the words of the schedule. "Bcfore This Con-
stution shall be sent 10 Congress" at shall be sub
mted 10 all The mhjtc male inhabitants Of this Terri
tory for approval or disdpproral" Thus election
by which the Constitution shall be submitted for np
proval or disapproval, by all the citizens of Kansas
Is the only prescribed mode by which to authorize
act of Congress to admit Kansas to the Union.
further examination of the schedule demon
strates my second proposition, which | take the lib
erty to repeat more fully and more forcibly than in my
! last leter:-2nd. That the mode in which the lie
| compton Convention has pretended to give effect tc
the proposed submission Of the Constitution for po
puar ratification or rejection, is itself not only un
sanctioned by, but irreconcilabs with, any principle
of republican faith, or any precedent of republican
history.
The same schedule which prescribes an election BY
all the citizens Of kansas to determine the question
ratification or REJECTION of proposed Constitution
provides that each voter shall be permitted to vot:
only by one of two baos-tor 1.-THE Consultation witt
slavery or for ",he Constitution with slavery.
The schsdule provides that the Constitution shall be
| adopted or rejected by election and then adopts
mode of submission by which there can be no eec
tion-fo. election is choice between alternatives
and hera there is no slternsive-no choice every
voter is obliged TO vote for the Constitution not
is allowed to vote against it. The schedule provides
that the Constitution shal be submitted for ratifeato,
or rejeckon and the mode of submission adopted doe
not permit single vote TO be cast for rejecon-nc
citizen 10 permitted to vote mt all, unless he will vote
for ratification and ratification s itself defeated, fol
there is properly ratification where there s pow
| or to rejecn
The schedule provides that the Constitution shal
be submitted TO all the citizens of kansas, and thu
| mode of submission adopted excludes from the POLL
| every citizen who will not vote for the Constitution
thus rendering it possible for the smallest conceivable
minority to enact Constitution, despite the wishes
of the largest possible majority. One man who de
sires to vote for the Constitution shall be allowed t
vote, and thousand men who desire to vote agains
the Constitution, shall not be allowed to vote-ant
this under schedule which processes to eubmt thu
| Constitution for ratification OR REJECTION by ALI
the citizens of Kansas. The language addressed BY
the Convention to each citizen is simply this /" Yo,
may uote for the Consttntion or against H-rhichepe
yon please butU yox do not uote for the Consttut0,
you shall MT rOte at all. But this is not ALL BY the
18th section Of the schedule each citizen challenged
the polls is Obliged to take an oath to support The
| Constitutions If adopted, "under the penalties OF per
jury" thus majority of the citizens going to tn,
polls to vote against the Constitution relying on h
provision Of the schedule, which entes them to vOt'
for REJECTION, are first to be insulted with tes
oath TO support the CONSTITUTIONS If adopted" AM
after Trey bound TO support it under the penalties
of perjury, must then their votes rejected, AM
learn that the Constitution is to be unconditional.
aiopied
Thus the schedule which in the fret instance &C
| knoHiedge5 the principle of submission, which pro
vdes for election by all the citizens to decide h
question of ratification or rejection, goes on to pre-
scribe mode of submission which defeats the princi
pie Of submission, defeats the possibility Of election
excludes the possibility of rejection, reduces ratifca
tion TO preteHce and deusion, disranchises every
! citizen who refuses to cast an affirmative vofe and
BY force of odious fest oath binds it upon the
sciences Of men 10 support q constitution which
olams for IFS adoption no better sanction than this
nes Of insults applied to an outraged people. Is thu
iam 4? Is this repn6iicnnism7 lsMis common sens,
or common honesty?
| But you insist that "lhe question of savery-the
ostsnsible point of controversy" was submltedto
fair, full free vote for ratification rejection. ut
terly deny this assertion The language of the lie
compton schedule demonstrates my propositions:
Bird That the mode of ratification applied to the sla
very clause is irreconceabls with any republican
precedent or principle.
To illustrate this fact, I need not step aside tC
prove that the Lecompon Constitution, with or with
out the so.caled slavery clause, is in either case,
pro-savery Constitution. l will not stop to enquire
whether the Presidents annual message correctly in
terprets The Kansas act when it declares that the or
ganising statute made it the right and duty of thu
people to decide the whole question of slavery by
general vote will not proceed TO argue, that if tbs
construction adopted by the President, be the true
construction, no feature or contingency included ir
the question could rightfully be subjected to ua
adjustment by the mere action of the Convention
will consider the matter If the slavery clause
embodied the entire slavery question.
1t will be remembered that, according 10 the sche
dule, no voter is allowed to vote purely and simply
for or against the slavery clause; that the only form
of ballot permitted is 1Consttution with slavery
"or Constitution with no slavery" thus the right o
voting at all is restricted to such citizens will
ing to vote for the Constitutions citizen conscien