White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1857-12-31

-
lava Be faithfully executed, J" my only desire was
has he people Of Kansas should furnish to
CengFsss the evidence required by the organic
act, whether for or against slavery, and in this
manner snOOshe their passage into the Union.
In emerging from the condition ofterritOrial de-
psndenee into that Of sovereign State, 1t vas
shsir duty, Ia my opinion, to make known their
win By the vote Of the majority, on the direct
question whether this important domestic In
stitntion should or should not continue to exist
Indeed, this vas the only possible mode in
which their viii cOuld be automatically ascer-
tanned. -.
The election Of delegates to . convention must
necessarily take place In separate districts.-
From thiseause It my readily happen, as has
often been ths case, that majority Of the peo-
PIE of State or Territory are on one side Of .
question, whilst majority misrepresentation
from the several districts into which it is dVid-
ID may be upon the other side. This arises
from thu, fact that in some districts. delegates
nay be elestefby small majorLies, whilst in
Others those Of different sentiments may receive
m4jorities sufficiently great not only TO over
come the votes given for the former, but to leave
. majority Of the whole people in direct opposi-
tioa to majority Of the delegates. Besides,
our history proves that influences may be
brought t. bear on the representative sufficient
iypowerlul to induce him to disregard the will
Of his constituents. The truth il, that no other
authentic and satisfactory mode exists Of ascer-
tanning the will Of a majority Of the people Of
any State or Territory on an important and ex-
citing question like that Of slavery in Kansas,
except BY leaving tito direct vote. How wise,
then, was It for Congress to pass over all subor-
dinate and intermediate agencies, and proceed
directly TO the source Of ell legitimate power IN
der 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
or aboIishiug slavery, against the sentiment Of
thepeople, this could have no other effect than
70 continue and exasperate the existing agita-
zion during the brief period required to make the
consultation conform TO the irresistible will Of
the majority.
The fHeajs and supporters Of the Nebraska
and Kansas act, when struggling on recent
occasion TO sustain its wise provisions before the
great tribunal Of the American people, never
differed about its true meaning on this subject.
ETeryWhere throughout the Union-they public
y pledged their faith and their honor, that they
would cAeerfully submit the question of slavery
70 the decision Of the bona fde people of Kan
SAs, without any restriction or qualification
WhAteysr. All were cordially united upon the
great doctrine Unpopular sovereignty, which is
the vital principle ofour free institutions. Had
Il then been insinuated from any quarter that it
would be sufficient compliance with the requi-
sition 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 will for that ofa legally as
certained majority fall their constit uents, this
would have been instantly rejected. Everywhere
they remained true to the resolution adopted on
celebrated occasion recognizing the right of the
people Of all the Notwithstanding Kansas
and Misunderstanding through tho legally and
fairly expressed win of majority of actual res
idents, and whenever the number of their inhab.
itants justifes it, to form constitution, with or
without slavery, and be admitted into the Union
upon terms Of perfect equality with the other
States"
The convention to frame a constitution for
Kansas met on the first Monday of September
last. They we're called together by virtue of an
act the territorial legislature, whose lawful
existence had been recognised by Congress in
different forms and BY different enactments. A
large proportion Of the citizens Of Kansas did
not think proper to register their names, and to
vote at the election ofdelegates; but an oppor-
tunity to do this having bean fairly afforded,
their refusal 10 avail themselves of their right,
could in no manner affect the legality of the
convention.
This convention proceeded to frame Con-
sttution for Kansas, and finally adjourned on the
9Th day Of November. But little difficulty &C.
cured in the convention, except on the subject
ofslavery. The truth is that the general PRO-
visions Of our recent State constitutions are SO
sinilar-and, I may add, so cxcellent-that the
difference between them is not essential. Under
the earlier practice fthe Government, no con-
stitution framed by the convention of a Terrific
~ preparatory to its admission into the Union
Is State had been submitted to the people. /
trust, however. the example set by the last Con-
gress, requiring that the constitution of Mime
sofa "should be subject to the approval and rati-
6eation-ef the people ofthe proposed State"
may be followed on future occasions. ! took it
for granted that the convention ofKansas would
act in accordance with its example, founded, rs
it is, on correct principles; and hence ny in
Structions to Governor Walker, in favor Of sub
hitting the constitution to the people, we're OK
pressed in general and unqualified terms.
In the Kansas Nebraska act, however, this
requirement, as applicable to the whole constitu-
ton had not been inserted, and the convention
were not bound by its terms to submit any other
portion Of the instrument to an election, except
that which relates to the domestic institution
ofslaverJ. This will be rendered clear BY q
simple Feference.to its language. II was not to
legislste l. into any Territory or State, nor to e1.
elude 1t iherefOn, but to leave the people there
ofperfectly free TO form and regulate their do
nestle Institutions in their own way. Accord
ing to the plain construction Of the sentence the
words domestic institutions have direct as
they have an appropriate reference to slavery.
domestic institutions are limited to the fami-