Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-09

under the so-called Topeka constitution, The
persons attached to this revolutionary organiz-
alton abstained from taking any part in the
election.
The act of the Territorial Legislature had
omitted to provide for submitting to the peo-
pie the constitution which might be framed by
the Convention and in the excited state of
public feeling throughout Kanzas, an appre-
hension extensively prevailed that design
existed to force upon them a constitution IN
relation to slavery against their will. In this
emergency it became my duty, as it was my
unquestionable right, having in view the
union of all good citizens IN support of the
Territorial laws, to express an opinion on the
true construction Of the provisions concerning
slavery. contained in the organic act Of Com
gress of the Both May, 1854. Congress de-
clared it to be q the true intent and meaning
OF this act not to legisate slavery into any
territory or State, nor to exclude it there
from, but TO leave the people thereof perfectly
lree 10 form and regulate their domestic in
stltutlons IN their own way" Under it,
hanzas, ''when admitted as State was to
"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
the delegates elected to frame constitution
should have authority finally to decide the
question of slavery, or did they intend by
leaving it to the people, that the people Of
hanzas themselves should decide this ques-
ton by direct votes On this subject l con-
TESS had never entertained serious doubt,
and therefore, i'll my Instructions to Governor
Walker of the 2Sth March last, merely said
that when g a constitution shall be subtnnted
to the people OF the Territory, they must be
Yroteotpd III tho oV-aroiea If nj vot.
ing for or against that instrument, and the
fair expression of the popular will must not
be interrupted by fraud or violence"
In expressing this opinion it was far from
my intention to interfere with the decision Of
the people of Kanzas. either tor or against
slavery. From this have always carefully
aostalned. Entrusted with the duty of taking
scare that the laws be faithfully executed,
my only desire was that the people Of Kanzas
should furnish to Congress the evidence re-
CURED 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 d.
rect question whether this important dones-
tic institution should or should not continue
to exist. Indeed, this was the only possible
mode in which their will could be authenti-
cally ascertained.
The election of delegates to convention
must necessarily take place in separate dis
tricts. From this cause it may readily hUp-
pen, as has often been the case, that MAJOR
ity of the people of 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 9TH
er side. This arises from the fact that in some
districts delegates may be elected by small
maJorltles, 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 III direct opposition 10 a ma
jority Of the delegates. Besides, our history
proves that influences may be brought 70
bear on the representative sufficiently power-
full to induce him to disregard the will Of his
constituents. The truth is, that no other au-
thentic and satisfactory mode exists of ascer-
tanning the will of q majority of the people Of
any State or Territory on an important and
exciting question like that OF slavery in Kan.
zas, except by leaving it to direct vote,
How wise, then, was it for Congress to pass
over all subordinate and intermediate agen-
cles, and proceed directly to the source OF all
ilOWCA AnOSE our INSTITUTIONS
How vain would any other principle prove
in practice. This may be illustrated BY the
case of Kanzas. Should she be admitted into
the Union, with constitution either main
tanning or abolishing slavery, against the SEN
tlment of thepeople, this could have no 9TH
er 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 Nebraska
and kanzas act, wheE struggling on a recent
occasion to sustain its wise provisions before
the great tribunal of the American people,
never differed about its true meaning on this
subject. Everywhere throughout the Union,
they publicly pledged their faith and their
honor, thrt they would eheerfully submit the
question Of slavery to the decision OF the
bona tide people of Kanzas, without any re-
striction or qualification whatever. All were
cordially united upon the great doctrine of
popular sovereignty, which is the vital prnci-
pie OF our free institutions. Had it been in
simulated from any quarter that ii would be
a sufficient compliance with the acquisitions
OF the organic law for the members of Con.
vention, thereafter to be elected, to Withhold
the question of slavery from the people, and
to substitute their own will for that of a
legally ascertalned majority OF all their con.
stituents, this would have been instantly re-
jected Everywhere they remained true to
the resolution adopted on celebrated occa.
sion, recognizing ''the right of The people Of
all the Territories including Kansas and Ne
braska-acting through the legally and ftirly
expressed viii of a majority OF actual resi-
dents, and, whenever the number Of their IN
habitants justiies 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 q consttutne for
Kanzas met on the first Monday Of Septe,nbar
last. They were called together by virtue Of
an act OF the Territorial Legislature whose
lawful existence had been recognized BY Con-
gress, in different forms and by different en-.
actments A large proportion Of tic cnisena
Of Kanzas did not think proper to register
their names and to vote at the election for
delegates but an opportunity TO do this hav.
ing been fairly afforded their lcfusal To aysil
themselves Of their right could in 10 manner
affect the legality Of the Convention.
This convention proceeded TO frame can
stituton for hGizas, ana finally adiournedon
the 7th Of November. But lit,le ditEc,,r,,
oceurred 10 the convention, except on esub.
Ject OF slavery. Tho truth Is, that the general
provisions OF our recent State constitutions arc
so similar, and | may add so excellent.
that the difference between them ia nor es-
sentlal. Under the earlier practice Of tbeyov-
eminent, no constitution framed By tLe con
Vention OF Territory preparatory to itS nd.
mission INTO the Union as a State. hind been
submitted to the people. trust, however.
the example set by the last Con,..a..I -. =.