The Kansas herald of freedom., 1859-09-24
IN. Ton. Of n. pres. on ,he Proelamaaous.

The Tone Of the Press ON the Proelsmatons.
The Leavenworth Register at first coun-
eled disregard to the proclamation OF
Acting Governor WALSH. One days de- {
Iteration led it to the conclusion that it l
vas polite for the Boards of Canvassers to
make their returns to Gov. Medsry and
.lso to Mr.. Winchell. We find in the
asst Atchison Champion, an article on the
ubiect which views the matter in more
practical and common sense. and less par
.isan aspect, than We had anticipated.
Mr.. Martin pertinently remarks:
These two proclamations. if adhered to
without compromise. may very seriously
effect the result of the October election.
The practical effect will be that those
counties which have Democratic Boards |
Of Supervisors will conduct the election |
in accordance with the Governors procla- |
nation, and send their returns to him at
Lecompton while the Republican coun-
ties will adhere to the provisions of the
Proclamation of the Board of Commission
ers. and send their returns to the Presi-
dent of the Convention at Topeka. Here,
then, will be conflict Of jurisdiction.
The Governor may issue his proclama-
ton based upon the returns received from
the Democratic counties, declaring the
Constitution voted down; while the Board
on the other hand, basing their proclama-
ton on the returns from the Republican
counties, will declare ths Constitution
adopted.
His assertion that Gov. Medary 'cares
nothing for the popular voice-nothing
for justice-so that he can have some le
gal ground to act upon," smacks strongly
of the politician. The law of the Legis-
lature, under which the Convention was
called, and which the Governor is required
under pains and penalties to obey, gave no
discretionary power to the Convention or
to the Governor to set it aside. Why,
then, find fault in such unmeasured terms
with the Governor for obeying the laws
of the Territory ??
In reference to the election of Dele
gates, Gov. Medary performed his legal
duty with the utmost fairness, and even
the Lawrence Republican, whose especial
pet he seemed to be at that time, believed
that Gov. Medary would do justice, and
insisted that he could not do injustice il
he would, so hampered was he by the
election law. The same law is still in
force, and yet the Republican press are
shrieking because he is enforcing the law.
of the Territory.
| The Convention deliberately took the
position, in the case of the Wyandot
members, that it could not go beyond the
law creating it, and maintained that if i
did it would furnish a strong plea for tn,
rejection of the Constitution by Congress
Yet, for partisan purposes, it violated tina
law, and attempted to put in force tn
provisions of the new Constitution. Thi
contradiction is so apparent, and SO un
justifable, that Mr.. Martin remarks
The Convention, as we assumed in tn
case of the Wyandott county representa-
ton, in opposition to the opinion of Gov
Medary and the Democratic press through
out the Territory, was not sovereign in it
powers-it could not go beyond the la,
which called it together, either to adm
D Representatives not embraced in the ar
e portionment, nor to make new regulation
y respecting the qualifications of voters G
the number of canvassing returns. Th
Constitution is dead letter, as is ever
provision contained in it, until it receive
1t the sanction of the people.
y He then apologies for his signature
IL the proclamation
We, however, signed the Proclamatic
81 in conjunction with President Winche
r. over month ago, under assurances fro
,r both Gov. Medary and Secretary Walls
20 that either of them would join us in it, ar
recognize cur authority as Commissions
g having equal powers with the Governo
is This promise was held out until with
al few days before the time appointed
4 which the Proclamation had issued, VIII,
Mr. Winchell had it printed and circula
y ed, and shortly thereafter Secretary Wall
IL issued the other Proclamation.
10 Those assurances may have been Civ,
l. by Mr.. Winchell, but they were not Civ
10 by Gov. Medary or Sec. Walsh. Tn,
"a could not legally recognize Messrs. Ms
~ tin and Winchell as commissioners ha
ing equal po,cers with the Governor
Yet, in the interval, both Mr.. Martin al
e. Mr.. Winchell had opportunities to knc
10 that they had no legal authority for clair
re ing the position of Commissioners. Wi
D. this altered view of the case, Mr.. Mart
of should have Withdrawn his signature, al
D. left Pres. Winchell alone in his effort q
ID walk in the footsteps of his illustrio
r predecessor" John Calhoun. 1t seer
Sc IudL uli w ibCuoIt, "lbuOut luIbuCI CO
lg sultation with Mr.. Martin, had the pr
of clamation, which was founded on "de
g. letter." printed and circulated, previous
le the issuing of the proclamation by 4
ID Governor. This act renders the usurpil
t. board liable to ten years Imprisonment
D. the county Jail. 1t reverses the positi'
r of the Republican party here and in Co
as gress. if adhered to, forcing them to staI
Of on the false and corrupt pleas set up
E the Lecompton Constitution.
)" We are not surprised that Mr.. Mart
e; should propose a withdrawal of the pr
D. clamation to which his signature is a
m tached. 1t should be done, if for nothiI
o, else, to save expense to the counties. v
ct congratulate Mr.. Martin on the sober Sc
N ond thought which dictated the followir
n paragraphs:
le In view Of these facts, and earnestl
| Il r. ,rrhs