Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1857-12-14

IL Is unnecessary 70 state IN detail the alarming
condition of the Territory of Kansas at the time Of
my inauguration. The opposing parties then stood
in hostile array against each other and any accident
might have relghted the flames of civil war. Be-
sides at this critical moment, Kansas was left with
out governor by the resignation Of Governor
| Geary
On the 10th OF February previous, the territorial
legislature had passed law providing for the cleo
ton of delegates on the Sd Monday of September,
for the purpose of framing constitution prepara-
tory to admission into the Unien This law was in
the main fair and just and it is to be regretted that
all the qualified electors had not registered them
selves and voted under its provisions.
At the time for the election of delegates an ex-
tensive organization existed IN the Territory whose
ayowed object it was if need be, to put down the
lawful government by force, and to establish gov
ernment OF their own under the so-called Topeka
Constitution The persons attached to this revolu-
tionary organization absainea from taking any part
| in the election.
The act Of the territorial legislature had omitted
provide for submitting to the people the consli
tuition which might be framed by the conyention
and in the excited state of public feeling through
out Kansas apprehension extensively prevailed
that design existed to force upon them con>titn-
ton in relation to slavery against their will. In this
emergency it became my duty as it was my
questionable right, having in view the union of all
good citizens in support of the territorial laws
express an opinion on the true construction of the
provisions concerning slavery contained in the Or
| ganic act Of Congress of the S0Gh May 1854. Con-
gress declared TO be ''the true intent and mean
ing of this legisate slavery into any Ter
ritory OF State, to exclude it thereom, but to
leave the people thereof perfectly free to form and
! regulate their domestic Institutions in their own
way" Under it, Kansas, ''when admitted as a
State" WAS to be received into the Union, with or
without slavery, as their constituents may prescribe
at the time of their admission"
! Did Congress mean by this language that the
| delegates elected to frame constitution should
have authority hnalIy to decide the question of
slavery, or did they intend by leaving it to the
people, that the people of Kansas themselves should
decide this question: On this subject l confess
had never entertained serious doubt, and, there
force, ii. my nstructionsto Gov. Walker of the 2StE
March last, merely said that when "a constitution
shall be submitted to the people of the Territory
they must be protected In the exercise of their right
OF voting for against that instrument and the fair
expression of the popular will must not be Interrupt
/ ed by fraud or violence
In expressing this opinion it was far from nv In
tention 20 interfere with the decision of the people
OF Kansas, either for or against slavery. From this
have always carefully abztained. Intrusted with
the duty OF taking care that the laws be faithfully
executed, my only desire was tnat the people of
!
| quired by the organic act, whether for 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 domestic
| institution should should not continue to exist
Indeed, this was the only possible mode in which
| their will could be automatically ascertained.
| Tha aip af IN
cessarily take place in separate districts. From
this it may readily happen, has often been
the case, that majority OF the people of State
| Territory are on one side of question, whilst
| majority of the representatives from the several
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 majori
ties, whilst in others those of different sentiments
NAV receive majorities sufficiently great 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-
ens. The truth is that no other authentic and sat
| isfactory mode exists of ascertaning the will OF
majority of the people Of any State Territory on
an important and exciting question like that of
slavery in Kansas except by leaving it to direct
vote. How wise then, was it for Congress to pass
over all subordinate and intermediate agencies, and
proceed directly to the of all legitimate pow
| er under 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 abolishing
| slavery, against the sentiment of the people, this
could have further effect than to continue and to
! exasperate the exciting 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
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 snbject. Everywhere through
out the Union they publicly pledged their faith and
| their honor that they would cheeriully submit the
question of slavery the decision of the bona fde
people of Kansas, without any restriction or qual-
| cation whatever. All were cordially united upon
the great doctrine of popular sovereignty, which is
the vital principle OF our free institutions. Had 1t
then been nsnuated from any quarter than it would
be sufficient compliance with the requistons for
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 o. legally ascertaned majority OF
their constituents, this would have been instantly
, rejected. Everywhere they remained true to the
resolution adopted a celebrated occasion recog-
ries-includiDg Kansas and Misunderstanding
through the legally and fairly-expressed will OF
majority of actual residents and whenever the num-
Der of their inhabitants justes it. form consti-
tuition, with without slavery, and be admitted into
the Union upon terms of perfect equality with the {
other States"
The convention to frame Constitution for Kan
sas met on the first Monday of September last
They called together by virtue Of an act OF the
Territorial Legislature whose lawful existence has
been recognized by Congress in different forms aud
by different enactments. large proportion OF the
citizens of Kansas did not think proper to register
their nameS and to vote at the election for dele
gates; but opportunity to do this having been
fairly afoi ded their refusal to avail themsev OF
their right could in no manner affect the Legality OF
the convention.
This convention proceeded to frame a c0nstu
ton for Kansas, and finally adjourned or the 7th
day of November. But little difficulty occurred IN
the convention, except on the subject OF slavery
The truth is that the general provisions OF our re-
cent State constitutions so simlar-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 conven-
ton of Territory preparatory to its admission into
the Union as State had been submitted to the peo-
pie. l trust however. the example set by the last
Congress, requiring that the Constitution OF Min
nesota, "should be subject to the approval and rail-
hcatiOn OF the people OF the proposed etate, may
be followed on future occasions. took it for grant
ed that the convention of Kansas would act in ac-
cordance with the example, founded It's, on cor
rect principles, and hence my instruc ious to Gov
Walker, in favor of submitting the constitution to
the people, were expressed in general and unqual-
fed terms.
In the Kansas Nebraska act however this require
ment, as applicable to the whole constitution, had
not been inserted and the convention we're not
a - nrkan nf
the instrument to election, except that which re-
lates To the ssdnmestc insfnfinnn of slavery This