The Kansas herald of freedom., 1858-05-08
The Design.

ne peOpie dle Dounu 10 20 10 WOrk
under the Leavenworth Constitution, let
what will happen"
The above item We clip from the Law
renee correspondence of the Chicago Press,
of date April 9th. 1t is now denied that
it is the intention of the leaders in the
Leavenworth Constitutional movement to
set the government organized under it in
motion outside Of the Union. tits strange
that all the correspondents of eastern
papers, in the confidence of that class of
politicians should so understand it, ifsuch
was not the intention of the leaders in
the movement.
Again, why the necessity of electing all
the officers of government, even down to
county clerk, under this Constitution if it
is not to go into operation Immediately?
Section 5th of the schedule at first
glance seems to convey the idea that the
government was not to be set in motion
until admitted into the Union as a State
by act of Congress, and such no doubt
was the intention of the more moderate
men of the Convention, hence their will
lingness to participate in the framing of
that Constitution, but we are assured from
numberless sources, that the more radical
members put a different Interpretation
upon the language. We copy the Sec
tom
"SEC 5. Provided this Constitution shall
be ratified by the people, then, upon the
admission of Kansas into the Union as a
State, this Constitution shall be in full
force, the State officers shall Immediately
enter upon the performance of their duties,
and the Governor shall Immediately, by
proclamation, convene the General As
sembly."
The sixth section, which follows, says:
"SEC. 6. The members of the first
General Assembly shall hold their Office
until, and including December thirty first,
one thousand eight hundred and fifty
nine.
There is not an intelligent man in the
Territory of Kansas who does not knoU
that as Congress is now constituted, and as
it tOiH be constituted until after the 31st
of December, 1859, there is no earthly
prospect of getting that Constitution
through Congress. If the General As
sembly cannot be convened until we are
admitted into the Union under that Con.
stitution, then it will expire by limitation
on the 31st of December, 1859, because
there will be no authority vested in any
body to make provision for perpetuating
the government, or for the reelection o.
officers, hence we shall occupy the anon.
olous position of having Constitution
without any officers under it, or the power
to elect any officers.
But if the reader will examine Sec.
again critically he will observe that it does
not provide that we shall be admitted int
the Union as State under that Constitu
tion, but ''upon the admission of Kansas
into the Union as State, this Constitu
ton shall be in full force" 1t makes nc
difference what Constitution shall be
though it be Constitution framed under
an enabling act from Congress, then this
Leavenworth Constitution is to be in full
force. This admission into the Unior
under one Constitution and an organiza
ton under another, is worthy of a fire
eater, but it is disgraceful to the intelli
gence of the humblest pettifogger.
Whilst the language of this 9Th section
| is directory, and provides for the conyenins
of the General Assembly onthe happening
of certain contingency, yet it does not
even by implication, preclude the conven
ing of the Legislature at any time; and a
we have before stated we know it is tn,
intention of the leaders to set up an indie
pendent government, Immediately, out
side of the Union, provided the Constitu
ton is adopted. Gen. LANE remarked
but few days ago, that it would depend
not upon the contingency of our being
admitted into the Union under the LIE
compton Constitution, or any other which
was exceptionable to the people o
Kansas, but upon the action Of Minnesota
whether the State government should b
organized outside of the Union. If Min
nesota maintained its State organization
we should do the same. Thus ,showin
that he dose not understand that we ar
bound to remain inactive single hou
because of the language of the Constitu
ton.