The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-12-16

Besides, our history proves that influences
may be brought to bear on the represent
alive sufficiently powerful to induce him
to Disregard the will of his constituents.
The truth is, that no other authentic and
satisfactory mode exists ofascertaining the
VIII OF q majority of the people of any
State or Territory on an important and
exciting question like that Of Slavery in
Kansas, except by leaving it to a
direct vote. How wise, then, was it
Tor Congress to pass over all subordinate
and intermediates agencies, and proceed
directly to the source of all Legitimate
power under our institutions
How vain would any other priucin1e
prove in practical This may be illustra.
ted by the case of Kansas. Should she
be admitted into the Union with a Con.
stitution either maintaining or abolishinp
Slavery, against the sentiment of the peo.
pie, this could have no other effect than
to continue and to 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 pro
visions before the great tribunal of the
American people, never differed about its
true meaning on this subject. Every
where throughout the Union they publicly
pledged their faith and their honor that
they would eheerfully submit the question
of Slavery to the decision of the bona tide
people of Kansas, without any restriction
or qualification whatever. All were cor
daily united upon the great doctrine of
popular sovereignty, which is the vital
principle of our free institutions. Had it
then been ~insinuated from any quarter
that 1T would be a sufficient compliance
with the requis tions Of the organic law
for the members of q convention, thereaf
ter to be elected, TO withhold the question
OF Slavery from the people, and to substi-
tute their own will for that of q legally
ascertained majority of all their constitu-
ents, this would have been instantly re-
Jected. Everywhere they remained true
to the resolution adopted on a celebrated
occasion recognizing "the right of the peo-
pie of all the Observation-Disclosures Kan
sas and Nebraska, acting through the le-
gally and fairly expressed will of a major
ity of actual residents and whenever the
number of their inhabitants justifes it, to
form a Constitution, with or without STA
and be admitted into the Union up
on terms of perfect equality with the 9TH
er States
The Convention to frame a Constitution
for Kansas met on che first Monday of
last. They were called to-
gether by virtue of an act of the Terri
torial Legislature, whose lawful existence
had been recognized by Congress in differ
ent forms and by different enactments. A
proportion of the citizens of Kansas
did not think proper to register their names
aud to vote at the election for delegates; but
opportunity to do this having been fair.
ly afforded, their refusal to avail them
selves of their rights could in no manner
affect the legality of the Convention.
This Convention proceeded to frame a
for Kansas, and finally ad.
journed on the 9TH day of November.
But little difficulty occurred in tho Con.
v%ention, except on the subject of slavery
The truth is, that the general provisions
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 framod
by the Convention of a Territory prepar-
atory to it's admission into the Union as a
State had been submitted to the people.
| trust, however, the example set by the
last Congress, requiring that the Consti-
tuition of Minnesota "should be subject
the~approyal and ratification of the
people of the proposed State" may be
allowed on future occasions. I took it
for granted that the convention of Kan.
sas would act in accordance with this e
founded, as it is, on correct prinei.
pies, AMI hence my instructions TO Cover
nor Walker, in favor of submitting the
constitution to the people, were expressed
in general and unqualified terms.
In tue Kansas Nebraska act, however,
this requirements, 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 an election, except that
which relates to the domestic %institu-
of Slavery. This will be rendered
by a simple reference to its language.
It is not to "legislats Slavery into any
Territory or State, nor to exclude it there
from, but to leave the people thereof per-
fectly free to form and regulate their do.
AnceiIu'lOuS III eu0lF OWu way. Ac-
to the plain construction of the
sentence, the domestic institutions "
a direct as they have an appropriate
-cference to Slavery. Domestic institu-
are limited to the family. The
bet Seen master and slave and a
others are domestic institutions"
Ind are entirely distinct from institutions
a political character. Besides, there
vas no question then before Congress, nor
indeed has there since been any serious
before the people of Kansas or
;he country, except that which relates to
The domestic institution of Slavery.
The Convention, after an angry and ex-
debate, finally determined, by a
majority of only two. to submit the ques-
ion of Slavery to the people, though at
he last forty-three of the fifty delegates
present affixed their signatures to the
Constitution.
A large majority of the Convention was
n favor of establishing Slavery in Kan
as. They accordingly inserted an arti-
lie in the Constitution for this purpose
imilar in form to those which had been
,doptod hu ofhar Tarr;tor;ol Hopuartiopo |