The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1858-01-05

tutes its whole tiileto regularity and lc-
gitimacy; for no valid claim can bo based
upon the supposed recognition by tho pco
| pie, inasmuch ms tho rcat majority Of
them rcfrained from all participation in the
election. II the convention, thus deriving
It's, authority solely from tho Il legislative
enactment which called il into existence,
can send up TO Go gross a constitution foi
the State Of Kansas, without actually sub
hitting 1t TO thc'people, the same Lcgisla-
ture may, with equal regularity and legal.
iiy, provide for an independent vote of tho
people upon the actual ratification Of the
instrument which is sought TO be imposed
upon them. 1t is not TO be supposed that
Congress will disregard tho vote Of the Co
pie. legally expressed in the manner pro-
posed, whether its decision shall be for or
against the constitution.
In pursuance Of these views, recon-
mend the passage Of law, directing an
election to be held, either under existing
EBsIGGqRP5iiiqns, EBIG P5i or in pursuance of other suila
in which the people shall be authorized to
vote for the constitution, in either Of the
forms presented by the convention, and
also against that constitution in both forms.
AS any law attempting to control the Off
GERS of the convention and those acting un-
der them would DC of moro than doubtful
validity, and might be wholly disrcgardcd
by them, it would be prudent to provide
for scparate preceding under different
officers, bnt it might be of great con,e
n;encc to the people, aud Of some efficiency
for the objects in view, TO hold this election
at the same time, and at the same places,
provided for in the proclamation Of the
President Of tho late convention, in order
that the result may be communicated TO
Congress at the earliest practicable mo
mcnt, ms the sovereign will of the people
of Kansas.
1t would seem to me that this single act
will be sufficient to meet this whole emcr-
gency, and to dispcl the excitement which
now threatens the peace Of the Territory.
If il be adopted, substantially in the form
proposed, without any embarrassing adj
juncis, calculated to arouse prejudice and
to produce discord, the earnest dircctnoss
and unity Of the act, looking alone to the
one great and rightful end of ascertaining
the true will of tho people and securing its
ascendcncy, cannot fail to commend it to
the appreciation of all patriotic hearts in the
Territory and throughout the Union.
The laws now prevailing in this Terrific.
~ provide for the proper punishment Of
illegal and fundamental voting; but there
is no provision which will reach The ease Of
fraudulent returns. The case Of tho lato
Oxford precinct, in johnson county, was an
cnormily so great, that it hes nowhere
been defended or justified. Yet tho evil
cons qucnces of il are seen in the fact that
even the late convention has been so far
imposed upon, that its apporlionmcnt for
the State Legislature under the coustitu-
tion it has assigned TO Johnson county four
Rcprcsenta;i' cs, which must necessarily be
ba ed on the notoriously false returns from
that county. In order TO meet the appre-
hcusions naturally growing out Of these
circumstances, recommend the adoption Of
q provision, making it felony, with suita.
bic punishment, foi any judge or clerk of
election knowingly to place on the poll
books the names Of persons not actually
present and voting, or otherwise coruptly
to make false retnrns, either of the election
held by order Cf the convention, or of any
other election to be held in this Territory.
cannot close this communication with
out expressing my deep regret that the
absence Of our Governor, in this grave G.
mcrgcncy, will deprive you Of the benefit
Of his wise and patriotic counsel His
great experience in public affairs, his pro-
found knowledge Of the causes and effects
or political action, would have been ofin-
finite service to the Territory in this dan
gcrous cri'is. Upon all occasions where he
has addressed the people, officially or 9th
erwisc, upon tho affairs of the Territory, |
he has uniformly reclaimed his detcimin-
alton to exert all his official power and all
his pclsonal influence to secure TO the peo-
pie Of Kansas the right to decide, fully and
independently, upon the adoption Of their
own institutions. Although my authority |
as acting Governor is wholly independent
of his, and cannot commit him in any way
for my acts, conceive that, in taking tho
responsible step of calling you together and
making the recommendations now submit
ted, l am but following to its logical con-
elusion his whole policy, in all of which |
have heretofore cordially concured.
That your labcrs may be directed to tho
attainment Of only good ends that be-
nign Providence may preside over your
deliberations, and give you wisdom and
moderation and roibearance, such as shall
be appropriate and efficient to allay the cx-
element. and dispel the dangers which
surround this distracted community, is the
earnest hope and prayer with which | com
NIT to you the grave inter SIS upon which
you are called to act.
FRED. u. STANTON.