Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-07-03
Kansas.

THINGS must be out OF joint, strangely out Oh Jolh''
,vben we find the old, once conservative and chival
rops Richmond Enquirer copying from the New York
Herald a TRADE of virtuperaon against Gen. Pierce,
a man who is and ought to be dear to the Southern
heart. The thing is accounted for by finding in con-
necton with this brutality towards General Pierce,
a hypocritical fuIsome eulogy of Mr.. Buchanan and
Robert ], Walker. This sort of stuff from the un-
principled lying and filthy New York Herald, was
actually 10 be found in the Richmond Enquirer of
Thursday last with not breath of dissent. How are
the mighty fallen! Can the Enquirer hope thus to win
favor with the rising sun, by copying scoundrel's
foul-mouthed abuse of the glorious luminary that no
longer dspenses the rays of patronage?
But passing from this to the ubjectmatter which
is made the text for sneering auson 10 Mr.. Pierce
on the part of the Herald, to be copied by once
truly Southern Democratic paper let US cone to
Kansas itself, where Mr.. Wake; has exceeded his
instructions nearly much as Commander Davis did
his at San Juan del Sur. 1t is proper to look at this
matter fairly and squarely, from no ultra Southern
ground, but from the ground which it ought to pre-
sent TO thoughtful and conscientious man. only anx-
ous to see peace restored equal justice administered
and the fundamental law of the Territory carried
out in good faith by the free and unbiased ard un.
Influenced will of the legal voters of Kansas, acting
in a legal manner.
That Governor going out to Kansas, under exist
ing circumstances should Confne himself to a mere
drv technical administration of official duties without
doing his best by written or spoken words, TO pour oil
upon the troubled waters, 10 sssauge animostes and
to reconcile Differences, is not what the people of the
country expect; they have right, however, 10 de-
mand that in laboring TO bring about these satisac-
tory results, there should be yielding of the right
to conciliate the wrong, no expressions of individual
preferences calculated if not intended, to effect
decision which the people alone should make by their
own proper motion, and in such mode and manner
as their own constituted authorities may prescribe
where such mode or manner is not ViolatVe TO the
organic law or the constitution of the United States
While then, we must approve heartily of Mr..
Walkers unqualified recognition Of the legal author
tiles now in existence in Kansas-of his avowed de.
termination to see the laws executed fairly and i'm
partally-of his guarantee to all, Free Sellers and
others that they shall have the fullest and fairest
showing at the polls, and of his advice to them to
leave off their foolish isolation and act cordially and
in good faith in the election of delegates to conyen.
ton to form Constitution, we cannot but censure
such portions of his address, evidently go beyond
the pale of his duties and his rights officer, in
the premises. We can but censure his attempt to
argue the question,-to as much as say, pending an
election mainly held 10 decide the question of
Slavery or 10 Slavery, "you have the right under
the law to do you please in this matter, but Gov
Walker, my official capacity as Governor, tell you
that this thing of Slavery won It do in Kansas, and you
had better not try it," This was all wrong, no mat.
ter what the motive, it would have been equally
wrong tor Governor Walker to have told the people
that, in his opinion, they ought establish Slavery.
Against this thing must again record our protest.
1t is wr0ng-agans the spirit and intent Of the law
beyond the rights and duties of his position, and
we fee convinced totally beyond the tenor and spirit
OF his instructions.
The question of submitting the constitution to be
formed by the convention to subsequent vote of the
people, is, upon the of it, one on which we should
favor The affirmative side and an expression of opn
ion merely in favor of that policy would not, so far
as see, have been Objectionable. The manner
in which Governor Walker expressed this opinion
struck US, and still strikes us, being liable to OBJ
lection, though that, being mere matter of detail
amounts TO but little when compared with the other
matter affecting the vital question at issue.
About submitting the constitution to a popular
vote, there are these difficulties -Firs-The con-
vention to form a constitution is called by, and de.
rives its powers from, an act of the Legislature of
Kansas. We are not aware that that act contains
any clause provision regulating the manner of
submitting the constitution to popular vote, or even
providing that it shall be so submitted The conven-
ton is only vested with power to frame constitu.
ton, and with no power 10 take ulerior steps. The
constitution being framed, the powers and duties of
the convention cease. They have no authority to
submit it. Again-the Free Sellers choose 10 dis.
franchise themselves by taking part in the election
of delegates 10 convention and yet might choose to
come into the ring afterwards, for the purpose of
multiplying an act from all connection with which
they had morally estopped themselves by their own
previous course.
But again it is said, and perhaps ii may turn out to
be SO, that if the Legislature of Kansas or the Con-
venon called by that Legislature should fail TO sub
nit the constitution to the popular vote, Congress
will. Thus-Kansas applies for admission with the
constitution so framed-Congress passes bill for her
admission embodying that constitution. and submits
the whole to the acceptance of the voters of Kansas
The thing then is pretty plain, that the constu.
ton of Kansas will. in any event, be submitted to
popular vote, Gov Walker or no LGovernor Walker,
SO that it is all folly, making hubbub about that
We don't much like his way Of talking in the mat
ter, but know it amounts to nothing Nor, indeed,
IS it al probable that his talk about the existence
of Slavery in Kansas and his argument against it's
profitable employment will come to anything That
however does not hold him blameless. He is charge
able with having gone beyond and contrary, to his
duty, and we believe his instructions.