Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1857-12-16

Il Onlon' lnlS law was IN tne mRiD falr and JUS
and it is to be regretted that all the qualified
lectors had not registered themselves and vote
under its proyisions. a 81 ~ Z l5rr sT
At the election for delegates, an extensive o
ganizetion existed in the Territory, whose avoy
ed object it was, if need be- to put down I'll
lawful government by force, and to establish
government OF their own under the so-called II
peka constitution. The persons attached to tb
revolutionary organization abstainei from t,
king any part in the election.
The act Of the territorial legislature had omi
ted to provide for submitting to the people th
constitution which might be framed by the cor
vention; and in the excited state of public fee
| ing throughout Kansas an apprehension exter
sively prevailed that design existed to fore
upon them @ constitution in relation to SLAYER
against their will. In this emergency it becam
my duy, as it was my unquestiOnable right, hay
ing in view the union of all the good citizens j
support of territorial laws to express an Q
pinion on the true construction of the provision
concerning slavery contained in the organic &C
Of Congress of the Both May, 1854. Congres
declared it to be 'the true intent and meanin
of this act not to legislate slavery into any Ter
ritory or State, nor to exclude it therefrom, bu
and regulate their domestic institutions in thei
own way Under it Kansas, "when admitte
as State, was to s'be received into the Union
with or without slavery, as their constitution
may prescribe at the time of their admission"
Did Congress mean by this language that tn
delegates elected to frame constitution shoult
have authority finally to decide the question 0
slavery, or did they intend by leaving it to tn,
people that the people of Kansas thenselve
should decide this question by "a direct vote?-
On this subject / confess had never entertain
ed serious doubt, and, therefore, in my instruc
tions to Gov. Walker of the 28th March last,
merely said that wheE "a constitution shall bt
submitted to the people of the Territory, they
must be protected in the exercise of their righl
OF voting for or against that instrument, and the
fair expression of the popular will must not be
interrupted by fraud or violence" 'toD $40.
In expressing this opinion it was far from my in
tenton to interfere with the question of the people
of Kansas either for or against slavery From this
Ihaye always carefully a6stained. Intrusted with
the duty of taking care that the laws be faithful
ly executed, my only desire was that 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, it was their duty, in my opinion, to make
known their will by the votes of the majority, ON
the direct question whether this important domes-
tic institution should should not continue to ex
ist. Indeed, this was the only possible mode in
which their will could be automatically ascertaned.
The election of delegates to convention must
necessarily take place in separate districts. From
this cause it may readily happen as has often been
the case, that majority Of the people of State
or Territory are on one side of a question, whilst
majority of the representatives from the several
districts into which it is divided may be upon the
other sde. This arises from the fact that in some
districts delegates may be elected by small majori
ties, whilst in others those of different sentiments
may receive majorities sufficiently great not only
to overcome the votes given for the former, but to
leave large majority of the whole people in direct
opposition to majority of the delegates. Besides,
our history proves that influences may be brought
to bear the representative sufficiently powerful
to induce him to disregard the will of his constitu-
ents. The truth is, that no other authentic and
satisfactory mode exists of ascertaning the will Of
majority of the people of any State or Territory
on an importa and exciting question like that Of
sasserEn p e to
over all subordinate and intermediate agencies,
and proceed directly to the source of all legitimate
power under our institutions! .ca9l -
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 abolshing
",
could have 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. bra ar
The friends and the supporters of the Kansas and
Nebraska act when struggling on a recent occasion
70 sustain its wise provisions before the great trbu
nal OF the American people, never differed abou its
true meaning on this subject. Everywhere thro'-
out the Union they publicly pledged their faith and
their honor, that they would cheerfully submit the
nf slo 10 nf fhaI do
people of Kansas, without any restriction or quail
fcation whatever. All were cordially united upon
the great doctrine of popular sovereignty, which s
the vital principle Of our free institutions. Had it
then been insinuated from any quarter that it would
be sufficient compliance with the acquisitions of
the organic law for the members of q convention,
thereafter to be elected to withhold the question of
slavery from the people, and substitute their
viii for that of legally majority of all
their constituents, this would have been instantly
rejected. Everywhere they remained true to the
resolution adopted on celebrated occasion receg-
nising "the right of the people of all Territories
including Kansas and Notwithstanding through
the legally and fairly expressed will of the majority
Of actual residents, and whenever the number of
their inhabitants justifes it, to form constitution,
with or without slavery, and be admitted into the
Union upon terms of perfect equality with the 9TH
er States"
The convention to frame a constitution for Kan
sas met on the first Monday of September last
They W ere called together by virtue OF an act OF
the territorial legislature, whose lawful existence
had been recognized bS 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 Tor
delegates; but an opportunity to do this having
been fairly offered their refusal to avail themselves
of their right could in manner affect the Legality
of the convention.
This convention proceeded to frame constitu-
ton for Kansas, and finally adjourned on the 7th
day of November. But little difficulty occurred In
the convention, except the subject OF slavery
The truth is that the general provisions of our re-
cent late constitutions are so simiiar-and, may
add so excellent-that the difference between them
is not essential Under the earlier practice OF the
government, no constitution framed by the conyen-
ton Of Territory preparatory to its admission IN
to the Union as State had been submitted to the
people l trust, however, the example set by the
last Congress, requiring that the constitution OF
Minnesota ''should be subject to the approval and
ratification of the people OF the proposed state,
may be followed on future occasions TOOK II TOT
granted that tie convention of Kansas would act
in accordance with this example, founded, as is,
correct principles and hence my instructions to
Governor Walker, in OF submitting the con,
stitution to the people, were expressed in general
and unqualified terms: -e 'i--
In the Kansas Nebraska act, however, this re-
quirement 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 tue instrument TO an electon, e4cePt taI "ni0A
relates to the "domested institution" OF slavery
This will be rendered clear by asmple reference 10
its language. 1t was 'not to egisate slavery into
any Territory or State, nor to exclude it there
from, but to leave the people perfectly free
to form and regulate their domestic institutions In
their own way.6 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 mas
ter and slave and few others are "domestc insti-
tutions," and entirely distinct from institutions
question 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 de-
to submit the question of slavery to the people,
though at the last forty three of the fifty delegates
nresent affixed their si9uatures to the constitution