The Winchester weekly appeal. [volume] (Winchester, Tenn.) 1856-1856, 1856-12-17

the duty OF taking care that the laws be faithfully
executed my only desire was tnat the people OF
Kansas should furnish to Congress the evidence re-
quired by the organic act whether for or against
slavery; and in this manner smooth their passage
INTO the Union. In emerging from the condition Of
territorial dependence into that of a sovereign
state, II was their duty, my opinion, to make
known their will by the votes of the majority on
the direct question whether this important domestic
institution should or should not continue to exist
Indeed, this was the only possible mode in which
their will could be authenticaIIy ascertained
lhe election OF delegates to convention must
necessarily take place in separate districts From
THIS cause 1t may readily happen, has often been
the case, that majority of the people of State or
Territory on side of question, 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 that in some
districts delegates NAV be elected by small najor-
ties whilst in others those of different sentiments
may receive msortes sufficiently great not only to
overcome the votes given for the former, but to
leave large jority of the whole people in direct
opposition TO a majority of the delegates. Besides
our history proves that influences may be brought
| to bear on the representative sufficiently powerful
to induce him to disregard the will of his Constu
ents. The truth is that other authentic and sat
lsfactory mode exists of ascertaining the will of
majority of the peOyle of any State Territory on
an important and exciting question like that of
slavery in Kansas, except by leaving it to direct
| vote. How wise then, was it for Congress to pass
over all subordinate and intermediate agencies, and
proceed directly to the source of all legitimate pow
| er under our institutions!
How vain would any other principle prove in
| practice. This may be illustrated by the case of
| Kansas Should she be admitted into the Union
| with constitution either maintaining aboishng
! slavery, against the sentiment of the people, this
could have no further effect than continue and
exasperate the exciting agitation during the brief
period required to make the constitution conform
to the irresistible will of the majority
The friends and supporters of the Nebraska and
Kansas act when struggling recent occasion to
sustain its wise provisions before the great tribunal
! OF the American people, never differed about its
true meaning on this snbect. Everywhere through
out the Union they publicly pledged their faith and
their honor, that they would cheerfuly submit the
question of slavery the decision of the bona fde
people of Kansas, without any restriction qualif
cation whatever. All were cordially united upon
the great doctrine OF popular sovereignty which Is
the vital principle of free institutions Had it
then been insinuated from any quarter than it would
be sufficient compliance with the acquisitions for
the organic law for the members of convention,
thereafter to be elected, to withhold the question
of slavery from the people, and to substitute their
will for that o: legally ascertaned majority OF
their constituents, this would have been instantly
rejected. Everywhere they remained true to the
resolution adopted on a celebrated occasion recog-
nizng 1.-The right of the people OF all the Terrific
ries-including Kansas and Notwithstanding
through the legally and fairly-expressed will of
majority of actual residents, and whenever the num-
Der of their inhabitants justes it, to form consti
tuition, with or without slavery and be admitted into
the Union upon terms of perfect equality with the
other States"
The convention to frame Constitution for Kan
met the first Monday of September last
They called together by virtue of act of the
Territorial Legislature whose lawful existence has
been recognized by Congress in different forms and
by different enactments. large proportion OF the
citizens of Kansas did not think proper to register
their names and to vote at the election for dele
gates; but opportunity to do this having been
fairly afforded their refusal to avail themSe VS. OF
their right could in affect the legality of
the convention.
This convention proceeded to frame a constitu-
ton for Kansas, and finally adjourned on the 9Th
day of November. But little difficulty occurred in
the convention, except the subject OF slavery
The truth is that the general provisions OF our
cent State constitutions SO similar-and, may
add, excellent-that the difference between them
is not essential Under the earlier practice OF the
Government, constitution framed by the cOnven-
ton of Territory preparatory to its admission into
the Union as State had been submitted to the peo-
pie l trust, however. the example set by the last
Congress, requiring that the Constitution of Min
nesota, should be subject the approval and rat
fcation of the people of the proposed State, may
be followed future OCCASIONS took it for grant
ed that the convention of Kansas would act in ac-
cordance with the example, founded as it is on
rect principles, and hence my Instruc ions to Gov.
Walker, in favor of submitting the constitution to
the people, were expressed in general and unqual-
fed terms.
In the Kansas Nebraska act however, this require
ment as applicable to the whole constitution, had
not been inserted, and the convention were not
bound by its terms to submit any other portion of
the instrument to election, except that which re-
lates to the domestic institution of slavery. This
will be rendered clear by simple reference to its
language 1t was "not to legislate slavery into
any Territory State, to exclude it thererom,
but to leave the people thereof perfectly free to
form and regulate their domestic institutions in
their own way" According to the plain construc
ton of the sentence, the words domestic institu
tons" have direct, as they have an appropriate
reference to slavery. domestic institutions" are
limited to the family. The relation between master
and slave and few others domestic institu-
tons and entirely distinct from institutions OF
political character. Besides, there ques-
ton then before Congress, nor indeed has there
since been any serious question before the people
OF Kansas or the country, except that which relates
to the domestic institution of slavery.
The convention, after an angry and excited debate
finally determined, by a majority of only two, to
submit the question of slavery to the people, though
at the last fortythree of the fifty delegates present
affixed their sSnitures to the constitution.
majority of the convention were in favor of es-
tablishing slavery in Kansas They accordingly in.
serted article in the Con tituton for this purpose
similar in form to those which had been adopted by
other territorial conventions In the schedule,
however, the trdnSltiOn from
rial to state government, the question has been
fairly and explicitly referred to the people, whether
they will have a constitution "with without sla-
very" 1t declares that before the constitution
dopted by the convention Shall be sent to Congress
for admission a slate" election shall be held to
decide this question, at which all the white male in
habitants of the territory above the age of 81
entitled to vote. They 10 vote by ballot; and
'the ballots cast at said election shall be endorsed
constitution with slavery, and constitution without
slavery" If there be a majority in favor of the
constitution with slavery then it is to be transmit
ted to Congress by the President of the Convention
in its original form. If the contrary, there shall
be majority in favor of the constitution with no
slavery" then the article providing for slavery shall
be stricken from the constitution by the President of
this Convention" and it is expressly declared that
mo slavery shall exist in the state of Kansas, ex-
cept thas the right of property in slaves in the
Territory shall in no manner be interfered with"
and in that event it is made his duty to have the
constitution thus ratified transmitted to the Congress
of the United States for the admission of the state
into the Union.
At this election every citizen will have oppor-
tunity of expressing his opinion by his vote whether
Kansas shall be received iu the Union with or with
out slavery" and thus this exciting question may
be peacefully settled in the very mode required by
the organic law. The election will be held under
legitimate authority and if any portion of the in
habitants shall refuse to vote, fair opportunity to
do having been presented, this will be their
voluntary act, and they alone will be responsible tor
the consequences
Whether Kansas shall be a free or slave State
must eventually, under some authority, be decided
by an election; and the question never be more
clearly distinctly presented TO the people than it
is at the present moment Should this opportunity
be rejected, she may be involved for years in do
mesc discord and possibly in civil war before she
can again make up the issue so fortunately ten
dered, and again reach the point she has already
attained.
Kansas has for years occupied too much of
the public attention 1t is high time this should be
directed to far more important objects. When once
admitted into the Union, whether with or without
slavery, the excitement beyond her own limits will