The Kansas herald of freedom., 1859-07-23
The Constitutional cop1sn,ion.


Wyandott members, to the end that we
might do justice to the subject
Immediately after the adjournment Of
the Territorial Legislature We observed
that Wyandott county had been disfran-
chised, and so stated to our readers. We
took it for granted, however, that the
Convention would admit Delegates from
that county, because it was apparently an
oversight on the part of the Legislature,
and it would be doing gross injustice to
the people of that county to frame Con-
stitution for their government, and allow |
them no voice in making it.
= We showed, on o former occasion, by
extracts from thc'Journals, that it was the
intention Of the Legislature to have al
lowed two members to WyandOtt county,
and that the bill, with such provision,
did actually pass both branches of the
law-making power but, by the carless-
ness of the enrolling clerk, a I'LL s0as copied
and finally signed By the Governor, and is
tie one under ,clich tie Convention is organ
lied, iglich ras "laid aside" in the House,
and ,cliich never became law IN legal form.
The argument against allowing seats to
Delegates from Wyandott county was
simply this: That Wyandott county was
originally part of Leavenworth county;
that Leavenworth had ten Delegates upon
the floor Of the Convention, whereas she
was entitled, by population, to but eight:
and that as Wyandott and Leavenworth
counties had in the aggregate full rep
resentatiou, Wyandott should go unrepre-,
sented, or look for Justice through the
Leavenworth members 1t was said, too.
that Wyandott county should have par
ticipated with Leavenworth county in the
choice of Delegates; and it was even
claimed that if Wyandott county had
voted III conjunction with Leayenworth,
the vote of Wyanlott county would have
been counted with the Leavenworth vote.
If it is true that Wyandott county was
part Of Leaveuworth county at the time
the Constitutional Convention bill became
a law, then it is clear that Wyandott coun-
ty was, to all intents and purposes, part
Of Leavenworth county, and should have
voted with Leavenworth in the selection
of Delegates. IT. on the contrary, Wyan-
dott county was formed prior to the pass
ing of the Constitutional Convention bill,
then Wyandott had no right to vote with
Leavenworth, on the contrary, was dis
franchiSed by the Legislature, and nc
body, after the adjournmento of the Legis-
lature, but the Constitutional Convention,
had the power TO correct the error.
Turning to page 297 of the laws of the
last session of the Legislature, we find the
Constitutional Convention bill became
law on the elecenth day of February, 1859.
Turning to page 1854, same volume, we
find the bin, creating Wyandott county,
became law on the tlcenty- ninth of jan
uarH 1859, THIRTEEN DAYS PRIOR TO THE
CoNsTifUTIoNAL CONVENTION BILL be.
COMING LAW.
With such state of facts, there is not
alawyer, or aman ofintellgerce in Kan
sas, who dare set up the plea that Wyan-
dott county is represented by the Dele
gates from Leayenworth, or that Wyan-
dot county had any right to participate
with the voters oeLeavenworth county in
the choice Of Delegates. Neither does the
fact that Leavenworth county has great
er number of Delegates than she is equit-
ably entitled to, lessen the right of Wy
andott county to representation of her
own in that Convention.
1t has been our fortune to be present at
the assembling Of most of the Legisla-
lures and Constitutional Conventions in
Kansas, and we have, as a silent observer,
noticed the machinery which has been
employed by the majority to crush out
the minority.
At Pawnee, on the I'd of July, 1856,
the first Territorial Legislature was con-
vened. The Pro.slavery party, by fraud
unparalleled in the history of the world,
had managed to get control of that body.
In the House JoRN HUTCHINSON, WM.
JESSIE, AUGUsTUs WATTLEs and E. d.
LADD were expelled from seats to give
place to tools of the slave power; and
JoHN A. WAKEFIELD and JESSE D. WooD
were expelled from tho Council. Bor-
der-ruffianish. however, as was that body,
the protest of Wakefield and Wood was
spread upon the Journals without opposi-
ton; as was that of Hutchinson and 9TH
ers il the House, after consideration.
The Legislature, which provided for
the Lscompton Constitution, DISTINGUISHED
large portion of the Territory. Some of
these DISTINGUISHED counties elected Dele
gates, who presented themselves to the
Convention and demanded seats. It is
probable these seats would have been
granted. but for the fact that the Dele
gates filed their protest. and finally with
drew from the Convention before final
action was had in the case. The disfrau-
ehiscment of portion of the Territory,
and its want of representation in the Con-
yention. was one of the strongest argu-
ments against the success Of that fraud.
1t is conceded on all hands that a Con-
stitutional Convention, after it is organ
lied, is supreme; and that it is RESPONSE
bic to no power but the people. and thar