The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1857-12-12
,ressinn of the nonular win must mot be in.


slavery. From this have always carefully
abstained Entrusted with the duty Of TAX
ing " care that the laws be faithfully execu-
ted, my only desire was that the people OF
Kansas should furnish to Congress the evil
evidence required by the organic act, whe-
Their for or against slavery and in this man.
| ner smooth their passage into the Union. In
emerging from the condition Of territorial
dependence into that of sovereign State, it
was their duty, in my opinion, to make
known their will by the votes of the MAORI
ty. on the direct question whether this inn
portant domestic institution should or should
not continue to exist Indeed this was the
only possible mode in which their viii could
be automatically ascertained.
The election of delegates to Convention
must necessarily take place in separate dis
tricts. From this cause it may readily hap
pen, as has often been the case, that ma
jority of the people of State or Territory
are on one side Of question, whilst ma
jority of the representatives from the seve-
raj districts into which it is divided may be
upon the other side. This arises from the
fact that in some districts delegates may be
elected by small majorities, whilst in others
those of different sentiments may receive
majorities sufficiently great not only to over
come the votes given for the former, but to
leave large majority of the whole people in
direct opposition to majority Of the dele
gates Besides, our history proves that in
tiuences may be brought to bear on the rep
resentatve sufficiently powerful to induce
him to disregard the will Of his cons.itu
ents. The truth is, tibet no other authentic
and satisfactory mode exists Of ascer;aining
the will Of a majority of the people Of any
State or Territory on an important and ex-
al FL.
sas, except by leaving it to direct vote
How wise, then, was ii for Congress to pass
over all subordinate and intermediate agen-
cies, and proceed directly to the source of
all legitimate power under our institutions.
How vain woulC 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 abolishng slavery, against
the sentiment Of the people, this could have
no other effect than TO continue and to exas
perate the existing agitation during the brief
period required to make the constitution
conform TO the irresistible will Of the ma
;cri;v.
The friends and supporters Of the Nebras-
IA and Kansas act, when struggling on re-
cent occasion to sustain its wise provisions
before the great tribunal Of the american
people, never differed about It's true meaD;nG
on this subject. Everywhere throughout
the Union thoy publicly pledged their faith
and their honor, that they would cheerfully
submit the question of slavery to the deci-
sion Of the bona .tfde people Of Kansas,
without any restriction or qualification what
ever. All were cordially united upon the
great doctrine of popular sovereignty, which
it the vital principle Of our free lnstitut ons.
Had it then been insinuated from any quar-
ter taat il would be sufficient compliance
with the acquisitions of the organic law for
the members Of a Convention, thereafter to
be elected, to withhold the question of sa-
very from the people, and to substitute their
own will for that of a legally ascertained
majority of all their constituents, this would
have been instantly rejected. Everywhere
they remained true 10 the resolution adopted
on a celebrated occasion recognizing " the
right of the people Of all the Territories
including Kansas and Misunderstanding
through the legally and LARRY expressed Will
of majority of actual residents, and when
ever the number of their inhabitants justi-
iies II, TO form a Constitution, with or with
out slavery, and be admitted into the Union
upon terms of perfect equality with the 9th
or States"
The Convention TO frame a constitution for
Kansas met on the first Monday of Septem-
Der last. They were called together by viz
tue of an act of the Territorial Legislature,
whose lawful existence bad been recognized
by Congress in different forms and by differ
ent enactments. 4 large proportion of the
citizens of Kansas did not think proper TO
register their names and to vote at the cleo
ton for delegates; but an opportunity TO do
this having been fairly afforded, their refu-
sal TO avail themselves of their right could
in no manner affect the legality of the Con
vention.
This Convention proceeded TO frame a
Constitution for Kansas, and finally adjourn
ed on the 9TH dag of November. But little
difficulty occurred in the Convention, except
on the subject of slavery. The truth is that
the general provisions of our recent State
Constitutions ar so similar-and, | may
add, so eXcelent-that the difference be-
tween them is not essential. Under the ear
ler practice Of the Government, no Const-
tuition framed by the Convention of Terri
tory preparatory to its admission into 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 sub |
ject to the approval and ratification of the !
proposed State, may be followed on future !
occasions. | took it for granted that the !
Convention of Kansas would act in accord /
ance with this example, founded, as it is, on |
correct principles and hence my instruc- /
tons to Governor Walker, in favor of sub
mitting the Const tuition to the people, were /
expressed in general and unqualified terms. |
In the Kansas Nebraska act, however, this
as applicable to the whole Con-
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" of slavery. This
will be rendered clear by a simple reference
to its language. 1t was "not to legislate
slavery into any Territory or State, nor to
exclude it therefrom, but to leave the people
thereof perfectly free to form and regulate
their domestic institutions IN their own
way" According to the plain construction
IF the sentence, the words domestic insti-
.utions" have d rect as they have an ap-
propriate reference to slavery. Domestic
institutions are limited to the family. The
'elation between master and slave and a few
,thers arc domestic institutions" and are
entirely distinct from institutions of politi-
al character. Besides, there was no ques-
ion then before Congress. nor indeed has
here since been any shrious question before
he people Of Kansas or the country, except
hat which relates to the domestic institu- |
ion" of slavery. I
The Convention, after an angry and ex-
tied debate, finally determined, by majo-
ity of only TIVE, to submit the question of
lavery to the people, though at the last for
y-three of the fifty delegates present affixed
their signatures to the Constitution. I
A large majority of the Convention were l
n favor of establishing slavery in Kansas {
hey accordingly inserted an article in the
for this purpose similar in form &
o those which had been adopted by other t
'erritOrial Conventions. In the schedule, i
owever, providing for the transition from t
'erritOrial tn q State UOvprnmanf tho 0unc- | r