Northern Times.
Liverpool, Merseyside, England, 1857-12-21 00:00:00

Ihave authority to use other melna..in the event of a refusal. This is
azcordingly recommended.
THIS KANEAq aJ'ESTIoN.

It is unnecessary to state in deta I th 9 alarming condition of the
Territory of Kansas at the time of my- in augureion. 'the opposing
parties then stood in hostile array agt% inst ea ,h other, sni any
accident might nava relighted the flames iof civil war. resides. at
this critical mome-it. Kansas was left without a governor, by the
resignation of Governer Geary.
On the 19th of February previous, the Territorial Legislatu-e had
passed a law roviding for the elecion of delegates on the third
Monday of Jane to a conven lon to meet on the first M inday of
September, for the purpose of framing a constitution preparatory to
admission into the Unioa. This law w sin the maLa fair and just;
and it is to be regretted that al the qualified clowns had not regis-
tared the v selves and veted under its provisions.
At the time of the election for delegates. an extensive organisation-
existed in the Territory, whose avowed object it was, if noel be, to
pat down the lawful government ty force, and to estabi sh a
government of the r own under the so calfed Topeka constitation.
The persons attached to this revolationa-y organisation abstained
from taking any part in the election.
. _

The act of the Territorial L gislature had omitted to provide Li'
submitting to the people the constitution w:iich might be framed by
the Convention ; and in the excited state of public feeling throngh-
oat Kansas an apprehension extensively revailed that a design
ezisted to force upon them a constlutkn In r'lation to slavery against
their will. In this emergency it bscame my duty, as it was my un-
questi,nable right, havinz in Le r, the union of all good citizens in
support of the terri-orial laws, to express an opini n on the true
construction of the provis'ons concerning silvery conta'ned in the
or all.: act of Congress or tho 30. h May, 1854. Congress declared
it to be " the true intent and meaning of this act not to legislate
slavery into anylerritory orst,te, nor to exclude it therefrom, but to
leave the people thereof perfec ly free to form and regulate the r
domestic institutions in their own way." Under it Kansas, "when
admitted as a state," was to " be received into the union, with or
without s'avery.as that constitution may prercribe at the time of
their admisason. '

Did Congress mean by this language that the delegs'es elected ttr
frame a constitution should have authority finally to decide the question
of slavery, or did they intend, by leaving it to the people, that the
people of Kansas themse ves should decide this question by a direct
vote? On this subject I confess I had never en ertained a serious
doubt, and theref re, in my +nstruc ions to Given-a!' Walker on the
28th March ast, I merely said that wh• n"a constitution shall be
submitted to t-te people of the territory, they must be protected in the
exercise of their right of voting fir or agalns.t that instrament, and the
fair expression of the pot ular will must nut be interrupte4 by fraud
or viol• nee."

In expressing this opinion, it was far from my intention to interfere
with the decis'on of the people of Kansas e vier f r or against slavery.
From, this I have always carefully abNtai ed. Entrusted with the
duty of "taking care that the limos be fa•thfully rx-cuted," my on'y
desire was that the people of lian.as should furnish to Congress the
evlience repire i by the orgao'c act, whether for cr against slsve:y,
and in this manner smooth their pass ige into the Union. la
emerging from the condition of territori 1 dependence into that of a
sovereign st ve, it was their duty, in my opinion, to makakeown titer
will by toe votes of the majorit n the direct question whcthcr this
important domestic institution should or should, not contiaue to
exist. Indeed, this was the only possible mode in which their will
could authentically ascertained.

The election of delogres to a Convention must necessarily take
place in separate districts. From this cacao ,it may readily happen,
as has often been the case, that a majority of the peopie of a rate or
territory are on one side of a tilleStiOn, whilst a majority of the
representatives from the several districts into which it is divided,
may be upon the other side. This arises from the fact tha' in some
diat:•icts delez,ates may be elects:l by ema•l niaj whilst in
others those of different sentiments mry receive majorities sofficien,ly
great not only to overcome the votes given for the farmer but- to
leave a large majority of the whole peop'e in direct opposition to a
majisrity of the delegates. Betides, our history proves that inft ences
may be brought to bear on:the repress ,tative sufficiently powerful
to induce him to disregard the will of his cons' ituents. The truth is,
that no other authentic and satisfactory mode exists of ascertaining
the will or a majority of the pitoplt of any state or territory, on au
Important and exciting question, like that of slavery in Kansas,
except by leaving it to a direct vote. - How wise: then, was it for
Congress to pAss over all subordinate and intermediate agent es. and
:proceed directly t s the source of a'l legitimate power under o u
in titntions.

How vain would any other principle prove in nraeice. This may
be illtperatad by the ease of Kansas. should she be admitted into
tie Union, wita a constitution either maintaining or abolishing
slay. ry. against the sentiment of the people, this could have no other
-ffect than to continue and to exasperete the existing agitatien
during tit- brief period required to make the constitution confirm to
the irrisistable will of,the meet ity. • •
The friends and sueporters of the Nebraska and Kane as act,
when struggling on a recent occasion to sustain its wise provisions
before the great tribunal of the American people, never differed
about its true.meaning on this subject. Everywhere throughout the
Union they publicly pledged their faith and their honour that they
would cl eerfuliy submit the quest:on of slavery to the decision of the
bona fide peoele of Kansas, without any restriction or qualification
whatever. All were cordially united upon the great doctrine of
wieder sovereignty, which is the vital principle of owe free
testi utions. Had it been insin sated from any quarter that it would
be a sufficient compliance with the requisitions of the organic law
for the members of a convention, thereafter to be elected, to withhold
the question of slavery from the people, and to substitute their own
willyor that of a legally ascertained majority of a 1 their constitu-
ents, this would have bsen instantly rejected. Everywhere they
rot:peeled true to the resolution adopted on a celebrated °cession
reeognising " the right of the people of all the territories—incladi g
Kansas and Nebraska—acting,ttirough the legally and fairly ex
pressed will of a majority of a iteal resideet , and whenever the
number or their inhabitants justifies ft,' to form a constitution, with
or witeout slavery, and be admitted into the Union upon terms of
perfeet equality with the other States "
The Convention to f:ame a constitution for Kansa+ met on the first
Monday of September last. They were celled together be virtue of se
act of the Territorial Legislature, whose lawful existence had been
recognized by Congress in different forms and by d ff 'teat enactments.
A large propertied' of the citizens of Kansas did not think proper to
register their names and to vote at the election for de egates ; bur an
opportunity to do this having been fairly afforded, their refusal to aysil
themselves of their right could in no manner affect tee egality of the
Convention. . .
1 his convention proceeded to frame a constitution for Kansas. and
finally adjourned on the 7th day of November. But little diflicuity
occurred in the convention, except on the subject of slavery. Thu
truth in that the eeneral prov.siens of our recent State constitutions
are so similar—and, I may add, so excellent—that the difference
between them is not essential. Under the earlier practice of the
government, no constitution fram d be th • convention of a Territory
preparatory to its adm:ssion into the Union an a State had been sub-
mittici to the people. I trust, howe tee the exempt, set by the last
Congress. requiring that the constitution of Minnesota '• should be
subject to the approval and ratification of the people of the proeosee
State." may be follower! on fature occasions. I toot it 'or vented
that the convention of Kansas would ate in eccorea• ce with. this
example, founded, as it is, on correct pri ciple i; and Fence my
instructions to Governor Walker, in favour of submitting the consti-
tution to the I eaple, we e expressed in general and titiqUa ified terms.
In elite Kansas Nebraska act, however, this reweiremeat, as appli-
cable to tee whole constitution, had not ber n inserted, and the con-
vention were not bound by its terms to submit any other portion of the
instrument to an election, except that which refutes to the" domestic
institution" of slavery. This will to tendered Otter by a simp'e
reference to its language. It was " net to legislate slavery into any
Tt rritory or State, no to exclude it therterom, b .t to leave the people
thereof perfectly free to form and regu ate their domestic institutions
in their own way." According to the plain coustruction of the
sentence, the words" domestic institutions" haee a direct as they have
an appropriate reference to slavery. "Domestic [este utions" are
limited to the family. Toe relation between master and slave and a
few others are "domestic institutions," and are anti ely distinct from
institutions of a political character. Besides, there was no question
then before Congress, nor indeed has there since been any serio ss
question before the people of Kansas or the country, except that
which relates to the" domestic institution" of slavery.
The C invention, :dice an angry and excited deeate, finally deter-
mined, by a majority of only two, to submit the qu rstion of slavery
to the people, though Lt the last forty-three of the fifty delegates
present atiixed their signatnres to the constitution.
A large majority of the Convention were in favour of establishing
slavery in Kansas. They accor• ingly inserted an article in the con-
stitution for this purpose similar in form to those which had been
adopted by other Territorial Conventions. In the schedule, however,
providing for the transition from a Territorial to a State government,
the question has been fairly and explicitly ree rred to the peep e,
wise her they will have a c institution "with or without slavery." It
deviates that, before theconstitutioa adopted by the Cony: ntion "shall
be tent to Congress for admission into the Union as a etate, an
el ction shall beheld to decide this question, at which all the white
male inhabitants of the Territory above the age of twenty one are
entitled to vote. They are to vote by ballot ; and the led ots cast at
said election shall be endorsed constitution with slavery,' end' con-
stitution with no slavery. ' " If there be a majority in favour of the
" constitution with alaray," then it is to he transmitted to Cenerest
by the President of the t onventien in its erigizal form. If, on the
contrary, there shall be a majority in favour of the " co stitntton
with no slavery," then the article providi ig for storey shall be
stricken from the constitution by the President of thin Cenvent on ;"
and it is express'y ileciared th it " no slavery shall exist in the State
of Kansas, except that the right of property in slaves now in the
Territory shall in so manner be interfered with," and in that event it
is made his duty t t have the constitution thus ratified t•ansmi ted to
the Congress of the United States f.r the t.dmiss on of the State tato
the Union.

Atehis election every citizen will have an opportunity of expressing
his opinion ty his vote, wh-ther Kansas shall bs received into the
Union with or without slavery," and thus tkls exciting queston may
be peacerully settled in the very mole required by the urg nic law.
The election will be held under leeitimate authority, and if any
portion of the inhabitants shall refuse to vote, a fair opportunity to do
so having been p.esetred, this will be their own voluntacy act, and
they alone wilt be resp usable for t e con equences.
Whether Kansas shall be a free or a slava state, must eventualy,
under some an hority, be decided by an electio ; and the quo tion
can never be more clearly or distinctly present:el to the people than
it is at th • present moment.. Should th.s opportunity be rejected, she
may be invoiced for years in domestic discoed, and p issibly in civil
war, befo e the can again make up the issue now so fortunately
tendered, and again reach the point the has already attained.
Kansas has tor some years occupied too mach cf thepnblie attention.
It is high thee this shou'd be de e.oted to frr more important o. jeers.
When once admitt d into the union, whether wi h or without
slavery, the excitement beyond her own limits wit speed' y pass away,
and she will thin for the first time be left, as she ought to have been
long since, to manage her own affairs in her own way. if her con-
stitution
on t, e subject of elavery or on any other ent ject, be
displeasing to a majority of the peopie, no human power can prevent
them from changing it within a brief period. Under these circum•
stances, it m ry well be guer.tionedwhethtlittlie peace an., gliet of the
whole country are not of greater importance than the mere t mpora'y
triumph of either of the potitical parties in Kansas.
Should the constitution without slavery be adopted by the votes of
the majority, the rights of property in slaves now in the Territory are
reserved. The number of these is very mai ; but if it were gre iter
the provision would be equally just and reasonah'e. These slaves
were brought into the Territory under the constitution of the •United
S etas, and are now the property of their masters. This poin' has at
leng.h been finally decided by the hiiirestjadicial tribunal ..f the coun-
try—and this upon the plain principle that when a confederacy of
sovere gn etates acquire a new t rritory at their inlet expo se, both
equality and justice demand that the citizens of one and alt of them
shall have the right to take into it whatsoeve, is recognised as property
by the common constitution. To have summarily "corlscated t,.e
property rn slaves already in the Territory, wnrid have been an act ce-
gross injustice' and contr ry to the practice of the older S.ates of the
have Union which abolished slavery.