Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1857-12-19

6tftN ~ II
cited state of public feeling throughout
Kansas an apprehension extensively pre-
vailed that a design existed to force upon
them a constitution in relation to slavery
against their will. In this emergency 1t
became my duty, as it was my unquestlo1-
able right, having in view the union OF all
good citizens in support Of the territorial
laws, to express an opinion on the true con-
sfruction of the provisions concerning sia-
very contained in the Organic Act OF Con-
gress of the 3oth May, 1851.
Congress declared it to be s'the true
intent aud meaning Of this act not to leg
islate slavery into any Territory or State
nor to exclude it tberefrom, but to leave
the people thereof perfectly free to form
and regulate their domestic institutions IN
their own way" Under it Kansas, "when
admitted as a State" was to ''be received
into the Union" with or without Slavery,
as their constitution may prescibc at the
time Of their admission.
Did Congress mean by this language
that the delegation elected to frame a con
stitution 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 the mselves should decide
this question by a direct vote? On this
subject I confess [ had never entertained a
serious doub', and therefore, in my instruc-
Itins to Gov. Walker on the 2sth of March
last, | merely said that when "a constitu-
zion shall be submitted to the people of
that Territory, they must be protected in
the exercise Of their right of voting for or
against that instrument, and the fair ex-
preston of the popular will must not be in
corrupted by fraud or violence.
In expressing this opinion it was far
from my intention to interfere with the de
|cision Of the people of Kansas, either for
or against slavery. From this have al
ways carefully abstained. Entrusted with
the duty Or taking "care that the laws be
faithfully executed" my only desire was
that the people Of Kansas should furnish
to Congress The evidence required by the
Iorganic act, whether for or against slavery j;
and in this manner smooth their passage
into the Union. Tn emerging from the
condition of Territorial dependence in
to that Of a sovereign State, it was their
duty in my opinion, to make known their
will by a vote Of the majority, on the d.
rect question whether this important do
mestic institution should or should not cen
time to exist. Indeed, this was the only
possible mode in which their will could be
suthentically ascertained.
The election Of delegates to a conven-
ton must necessarily take place in sepa-
rate districts. From this cause it may
readily happen, as has often been the case,
that a majority Of the people Of u State or
Territory are on one side Of a 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 dis
tricts delegates may be elected by small
majorities, whilst in others those of differ
ent sentiments may receive majorities suf-
iclcntiv great not only to overcome tho
votes given for the former. but to leave a
large majority Of the whole people in di-
rect opposition to a majority of the dele
gates. Besides, our history proves that
influence may be brought to bear on the
representatives sufficiently powerful to in
duce him TO disregard the will of his con
I9tituents The truth is, that no other au-
thentlc and satisfactory mode exists of as
pertaining the will of the people Of any
State or Territory on IN important and
exciting question like that of slavery in
Kansas, except leaving it to a direct vote.
How wise was it then for Congress to pass
over all subordinate and intermediate agen-
cies, and proceed directly to the source of
all legitimate power unler our instruc-
1tions!
How vain woull any other principle
prove in practice! This may be illustrated
by the case of Kansas. Should she be
admitted into the Union, with a constitu-
ton either maintaining or abolishing sla-
very, against the sentiment of the people.
this could have no other effect than to con
tinue and exasperate the existing agitation
during the brief period required to make
the constitution conform to the irresistible
will Of the majority.
The friends and supporters OF the Ne
braska and Kansas act, when struggling on
a recent occasion to sustain its wise proyis-
inns before the great tribunal of the Amer
lean people, never differed about its true
meaning or this subject. Everywhere
throughout the Union, they publicly
pledged their faith and their honor that
they would cheerfully submit the question
Of slavery to the bona fide people of Kan
sas, without any restriction of qualification
whatever. All were cordially united upon
the great doctrine of popular sovereignty,
which is the vital principle of our free in.
sti buttons. Had it then been i~nsinuated
from any quarter that it would be a suffi-
Gent compliance with the acquisitions Of
the organic law for the members of a con-
%ventlon, thereafter to be elected, to with
hold the question Of slavery from the PEG
pie, and to substitute their own will for
that of a legally ascertained majority Of all
their constituents, this would have been in
stantly rejected. Everywhere they re-
NAMED true to the resolution adopted on a
certain occasion recognizing ssthe rioht of