The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-08-20
. IN. Model c.a.si,..iou. !.

1hs Model CouBtmdon.h
For succinctness of expression, com.
prehensiveness Of positions, and clearness
Of conception. the Constitution of the
s ate of Kansas will be the model instru
menf of the present century."-J A. Mar.
tin, Sec. Of Constitutional Convention.
For collocation Of extreme ideas, the
Constitution is model" Sec. I'd of the
Bill of Rights, affirms that ''all political
power is inherent in the people, and all
free governments are founded on their
authority ani for their equal protection
and benefit" Instead Of adding, a. other
Constitutions do. that "the people have,
at all times, the indefeasible right to alter
and reform their government" they left
this out Of the Constitution, and branched
of to definition of the powers Of the
Legislature, thus:
No special privileges or immunities
shall ever be granted by the Legislature,
which may not be altered, revoked, or
repealed by the same body; and this
power shall be exercised BY no other tri-
bunal or agency.
This exclusive privilege of class-legis-
lation should have been embodied in the
Legislative Article, if at all. Under that
provision the most odious class Legislation
can be enacted, and a clause inserted in
the charter or act, restraining future Leg
islatures from making any change with
ont frat obtaining the consent Of the in
terested party. Thus the Bank of the
State of Indiana had such clause as this
inserted in its charter, and the conse-
quence is, no amendment can be made,
except by first obtaining in some authori-
tative form their consent to it. Grant a
exclusive privileges, and with
the evidences of corruption in legislative
halls which have been so manifest in
Kansas, gold would prevent any change
in or abatement Of their special privileges.
This clause is a non- seguitur in the para
graph, and illustrates the clear idea the
had of the 'fitness of things"
They should have enacted, in a separate
clause, that "The General Assembly shall
not grant to any citizen, or class of citi-
zens, privileges or immunities which,
upon the same terms, shall not equally
belong to all citizens" if they wished to
preserve tie equal rights of the people.
Another stride in the comprehensive.
ness of positions" is this mo person shall
be 'oitness against himself" This pro-
vision applies to civil prosecutions as we'll
IS criminal, the section speaking only of
prosecutions" 1t annuls the right to
examine party to suit where the par
lies alone know the facts, as is often the
case in chancery suits, abolishes the prac.
lice in Justices Courts of confession of
Judgments, and in criminal jurisprudence
forbids the accused from pleading guilty,
and throwing himself upon the mercy of
the court under the plea of extenuating
circumstances. Instead of this, in every
prosecution, judgment must be rendered
on the testimony of other persons than
the party or parties to the suit. Yet the
same wise-acres who made this provision
for expensive litigation and delay in the
Of justice. provided for the
of persons charged with trea-
son on their confession in open court /"
What admirable "clearness of concep
tion!"
To prevent any delay in the collection
Of debts, they make no provision, as is the
case in Constitutions of most of the States
recently admitted, that "the privilege of
the debtor and his family to the enjoy
ment of the necessary comforts of life
shall be recognized by wholesome exemp-
ton laws )" and they even submit the
question of homestead exemption to the
people, as if that was of very doubtful
Let the hard working men of
the Territory, the poor men who are at
The mercy now of the ive-per- cent a.
month brokers, take note that no provision
is nadeby this Republican Constitution for
the protection o. themselves or their
families from the iron rrasp of the credi-
tor. The Constitutions of Indiana, Mich
igan, Texas, Wisconsin and California
made it i'm perative on the Legislature to
pass exemption laws. But this was not
The intent of the Wyandott Legislators.
No provision is made to prevent banks
rom taking directly or indirectly any
greater rate of interest than that allowed,
oy law, to individuals loaning money.
Thus they have opened the door for
bankers to grind the face of the poor"
The new features introduced comprise,
among Others, the provision that all bills
hall originate in the House Of Represen-
ives, which we have noticed at length
Ilready, a clause providing for the reduc-
ion Of the salaries of unfaithful officers,
ONE new financial features for the pro-
ection of the public crib from the en-
of prospective office holders,
he education article, and the provisions
n reference to the rights of women.
We do not deny that the Constitution
las many good features, as also had the
4ecompton Constitution; but because
hose which are common to the Constitu-
ions Of the new States have been en-
RATED into that of Kansas, we do not deem !
model instrument nor in q spirit Of
slf-adulation believe that every new
tate will copy after it. 1t is best for |
Kansas to be modest, and not take on airs