The Kansas herald of freedom., 1859-10-01
Read and Ponder.

in regard TO the new Constitution, and,
personally, feel almost indifferent as to its
fate. If the people have determined to
adopt it as their fundamental law, to get
rid of Constitution making, just as the
girl married her suitor for whom she had
no love, "just to get rid of him." then all
very well. The great misfortune, in our
opinion, is, that new party lines were
drawn prior to the framing of the Organic |
law of the State, instead of letting the old |
party land marks remain, and giving the |
PEOPLE an opportunity, through fairly !
elected delegates, who were selected for
their personal and moral worth, not for
their service and fealty to party, to make
their Constitution.
Last week we pointed out numberless
objections, some very weighty ones, Others
less SO, but all serious faults, to the Wy
andott Constitution, which it will require
many years to entirely eradicate. In fact,
it is questionable whether they can ever
be wholly amended. By the last clause
of Article IA, Sec l, of the Constitution,
it will be seen that mot more than three
propositions to amend shall be submitted
to the people at the same election"
These propositions are voted for separate
ly. If one amendment shall be made
annually, it will take from fifty to hun
dred years to make Constitution such as
the people demand. Worse than the Le-
compton Swindle, which provided, in the
I'd section of the Bill of Rights, that
"All political power is inherent in the
people, and all free governments are found
ed on their authority, and instituted for
their benefit; and, therefore, they have
at all times an inalienable and indefeasi-
ble right to alter, reform or abolish their
form of government, in such manner as
they may think proper"
This feature, common to most State
Constitutions, is not repeated in the Wy
andott Constitution, because, it seems, its
trainers wished to make it partisan af-
fair, and were determined, if the people
should be disposed to hurl them from
power, their injurious legislation should
blight Kansas for the next half century.
The Magma Charta of England, the pres
ent bulwark Of civil liberty in Great
Britain, and of chartered rights in the
American colonies, and from which the
idea of State and Federal Constitutions
was derived, was the accumulated labor
of centuries, which eliminated in the
reign of King John, about the commence
ment of the 18th century, and was ex'
torted from him by his barons at the
point of the sword. When presented tC
him for his signature, he exclaimed
"Why do you not also demand from me
my crown ?" That instrument protect
ed every individual of the nation in thu
free enjoyment of his life, his liberty, anC
his property, unless declared to be for
feited by the Judgment of his peers ant
the law of the land" The judiciary, in
stead of being rendered subservient to tn
caprice of the royal power, was subjec
only to law, and removable by impeach
ment. To prevent their being partisan
in their character, and vascillating wit
the power which called them into being
it was provided that the tenure Of ofic
should not be abridged, nor the salar
reduced during the term of the appoint
ment of such officer.
The charters of nearly all the Amer
can colonies derived from Great Britai
had similar provisions and when til
federal Constitution was adopted, the sam
feature was engrafted upon that instru
ment. The last clause of Article Sd, Sc,
LIST, provided that "the compensation {
the judges shall not be diminished durin
their continuance in Office" Judg
WALKER, in his Introduction to Amer
can Law" says:
''This provision wisely proceeds upo
the maxim, that the power over one
subsistence, is power over his will an
that the power to diminish it, is muc
more efficient to subdue his will, than th
power to increase it Accordingly, tt
judicial salaries are so regulated, thi
while they may be prospectively altere
from time to time, as circumstances ma
require yet no Judge can be required {
receive less salary than that with whic
he went into Office" Cd
The learned Judge CHrMAN says:
$50 long as the Judges are dependel
for their continuance in Office, or for sui
sistence, on the caprice of any powe
they must be more than men, not to b,
come party Judges, whenever party spir
shall arise to any considerable degree.
such a state of things there can be /
governments of lascs it must, in the n
ture Of things, be government ofmer-" ("
Another writer well says, that to NAL
honest and faithful judges,
"They must be placed beyond the reac
of fear or favor, and have nothing to col
suit but the monitor within The wav,
ofpopulsr commotion cannot reach ther
and they have no occasion to court Il
good will Of others. From the secure g
ovation on which they are thus place
all disturbing influences being removes
they are left to the calm and fearless e,
ercise of unbiased judgments"
Save the infamous Js6reys, and fs
of his copyists in America. who hs,
psndered to the power which called thel
into being, since the adoption of the No.
ne Cldrta, and those provisions abo,
referred to, the high encomiums bestowe
upon them by the above writers have bee
literally verified.
Article Is. Section 2, Of the Wyando