The Kansas herald of freedom., 1859-08-27

,ut in jeopardy Tor the same offense,"
hus making this distinct sentence, free |
rom the qualifying phrases which Mr.. I
contends limit the previous
Ieutence to criminal cases. As if still fur
her to change this proviso of the Ohio I
it has been altered from
Nor shall any person be compelled, in any
;rininal case, to Be witness against him
SELF" to "No person shall be . witness
against himself" striking out the words
italicised. When such change as this
is made, in spite of Mr. WinchelPs as
it is evident that the Conven-
ton did not design to permit party, i'll
any case, civil or criminal, to be witness
against himself. They have made it i'm
peratiue that he shall not be witness
against himself-whether he is willing to
be or not. This will prove very conven-
lent for horse-thieves, &c, who have been |
led to confess with q halter around their |
neck or pistol at their breast, and, per-
haps, bring about an abolition of the Kan
sas custom of extorting confessions from
suspected persons, in which view alone
can it be looked upon as sign Of pro-
gress.
Mr.. Winchells criticism fails to be true
to fact, and does not change. in the least,
our comments on the effect of this change.
Because the Convention joined together
two distinct propositions in one sentence,
one of them referring to criminal suits.
it does not follow that the other of neces-
sity is limited to the same class. Some
Constitutions provide, in the same sem
tence with that providing that "No per-
SON shall be subject to be twice put in
jeopardy for the same offense," provi-
sion that mo private property shall be
taken for public use, without just COM
pensation." Because these propositions
are in the same sentence, it does not fol-
low that they both refer to the same sub
iject-matter. Yet this is the absurdity to
which Mr. Winchell's logic comes. He
has italicised "put in jeopardy" and "of-
fense," just as though they limited the
distinct proposition that "no person shall
be witness against himself"
Mr.. Winchell's letter is "model" of
cool impudence and assumption, just
such as might be expected from the would
be dictator and Senator of the new State
of Kansas, to whom has been entrusted
the work of usurping the powers and du-
ties of Territorial officers. He processes
the most entire ignorance of the author
ship of the editorial in question, and then
assumes that we have permitted persons
to have access to our columns, who have
no regard to Fidelity of fact" Consis-
tent Mr.. Winchell, who prefers ''impres-
sions"-spiritual, it may be-rather than
positive knowledge. Perhaps the recen,
heights of political honor to which he
has been elevated, have enabled him, in
the midst of ignorance, to form positive
! decision as to questions of fact. His in
tentions seem to him more weighty thar
f the clear letter of the law, and whoever
chooses to differ from him, is charged
, with uttering ''the reverse of the truth
! He also assumes that as he has, by thi,
i. explanation, shown the fallacy of one crit
icism, he has an equal right to conclude
our other objections to be untenable.-
, Still further, be classes the HERALD OF
FREEDOM with the Democratic papers o
Kansas. Who has put him in the posi-
, ton of censor of the press. to say unde
what banner they shall be enrolled? ? He
perhaps, may know; but this studied in
suit, which he has taken pains to give u
in our own c2lumns, is in keeping will
the cool audsc;ty for which he is famous
Our criticisms on the Constitution
. which have called forth this lame apolog,
, from the President of the WyandoN Con
? vention, have been candid and fair, baset
on rigid scrutiny of its merits, as fun
8 damental law, and as model" specimen
l of legal rhetoric. The Republican part,
9 have made it their political Shibboleth
and, forsooih, if Free State press, whicl
3 is impartially dissecting it, does not joil
in their cry of "Great is Diana of tn
/. Ephesians," Mr.. Winchell steps forwar'
t ss its high priest, to issue bull of ex
5 commune ,tion.
{ He lauds its progressive features. H
s will find it difficult to point out any dis
q tinctive progressive features unless it b
0 those referring to the rights of womer
Of which we shall speak when occasion
D arises for it.
. This epistle comes from a class of mel
{ who thrive on lies and misrepresentation
8 who, when they utter false charge agains
: their political opponents, neuer retract-
t who have resorted, as means of carryin
: their Constitution, not to fair and full
s discussion of its merits, but have fallel
8 back On jaisyfcation Of Imposition Of thei
o opponents, and on party drill. "Ws must,
o they say, "adopt this Constitution to ex
/ terminate the Democratic party in Kan
Q sas and secure US power" The admin
0 istration is vilifed, wholesale falsehood
r invented against the Democrats, and al
. INSCRIPTIONS personal warfare enters,
. upon. As if aware that they had com
2 mitted a fraud upon the rights Of tn
: people in that instrument. they do no
Q venture any explanation of its progress
t sive features, but attempt to engage tn
], attention Of the people by false issues
I.ro.& &I.-, c-1r-