The Kansas herald of freedom., 1859-09-24
xo,. Araip., ,ha oop.,i,utou.

ton on other grounds than its real merits. !,
We have pointed out serious objections to
it as a fundamental law, to which that
press has made the rejoinder, "they are
lies" We now sum up the reasons why
we are compelled to oppose the Constitu-
ton as whole, Notwithstanding it has
many good features, which we approve.
1t involves radical change in civil and
criminal law, Section 10th of the Bill of
Rights prohibiting judgment by confes-
sion, the examination of parties in equity |
suits, and the confession of criminals, by |
the provision that "No man shall be a
witness against himself"
1t strikes down the prohibition of the
passage of erpost Jaeto laws, by the Leg
islature. All who favor erpost tacto facto
laws, or laws retrospective in their oper-
alton, will vote for the Constitution.
1t does not provide against the passage
of laws impairing the obligation of con-
tracts.
% 1t strikes down the provision that "no
private property shall be taken for public
use without just compensation" by neg
lecting to insert it in the Bill of Rights.
Whoever wishes to indorse the principle
that private property may be made pub
lie plunder, should vote for the Constitu-
ton, while those who cling to the safe
guards of the past, that private property
shall be protected, and never be taken or
used for the advancement of roads or other
public Improvements, without just COM
pensation, will vote against the Constitu-
ton.
1t contravenes the Constitution of the
United States, in its failure to provide for
the grand jury system.
1t provides, in Sec. IL, Art. 2, for use
less Senate, which can originate no billsl
and must wait the pleasure of the House
of Representatives, thus requiring twice
as long sessions for the transaction of
business as otherwise, and rendering prob
able the defeat of large amount of nec-
essary legislation at each session.
1t tsaddles upon the people, a Legislature
of one hundred members, when one-half
that number would have answered the
interests of the State for years to come.
1t requires no qualifications of age OIL
residence for the election of State and
+ judicial officers.
Itdoes not confer the right of suffrage
in school matters on females, although tn,
Convention and its defenders professed t.
3 have sconferred that right in Sec. 20 o
!, Art. 2.
Z, 1t permits the compensation of Suprem
3 and District Judges to be decreased dur
: ing their respective terms of Office, thu
e rendering the Judiciary dependent on tn
: Legislature, and subject to partizan con
o troll. Sec. 13, Art. 3, and Sec. Z. Art. Is
e 1t prohibits Judges of Supreme an
n Districts Courts from the practice of ala,
Vt in any of the courts in the State durin
g their continuance in Office" Sec. /;
: Art. 3.
1t 1t confers upon the Legislature th
/ doubtful power of reducing "the salarie
70 of officers who shall neglect the perform
ance of any legal duty" which pow'
'e cannot be made operative against any of
8, GERS but the judicial, thus striking dow
the independence of the judiciary. Sc
b, 7, Art Is.
I'd 1t provides for the impeachment of q
Of officers under the Constitution for misd
e, meanors in Office, thus making them a
Ii subject to a political tribunal. Evel
IN sheriff, justice of the peace and constab
D. is liable to impeachment, if a partiss
or Legislature is in power.
in 1t provides for five Circuit Judges WHIT
in three would have answered the wants
or the people.
G., 1t disfranchises the voters of Wilso
n Dorm, MCGEE, Godfrey, and Arapahoe
n the choice of Circuit Judges-the cons
IT. tuition excluding those counties from al
rh circuit, till they by law are attached, wi
Ie, other new or unorganized counties to Il
lie most convenient judicial circuit.
on 1t dsfranchises civilized Indians fro
's' the exercise of the right of suffrage, nc
hs guaranteed them by the Territorial laws
:, 1t bases the right of suffrage on col
~, and sex, in violation Of the principle
" equal rights, which it claims is the basis
civil government.
% Its school system, contained in Art. 81
is unwise, and will impair the efficacy
= common schools. list, 1t provides fol
: uniform system of common schools, th
>. placing cities on the same level with t
- most sparsely settled school district, 9
:. tirely preventing any system of grad
N schools. I'd, School moneys are to be d
bursed in equitable proportions to t
number of children in each school distri
''- If the amount raised from the differe
'er sources will school the children of t
" State but one month, it provides for fr
D. schools for that length of time only. !
y local tax can be levied to maintain t
'' school, and if kept up longer time
l. will be as in some other States, by t
@: voluntary contribution of the parents.
NO The State school fund will consist
~. the proceeds of school lands, the five p
y, centum of the proceeds of public Ian
10. sold after the admission of Kansas, al
~ the State school tax. School lands ca
not be sold; unless authorized by vo
y of the people at a general election, al
'u cannot be leased profitablv for wars