Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1857-12-17

NY iuteHllOu w lHteTLeTe VIII tuS ucSisAoH vi
the people of Kansas, either for or against
Slavery. From this have always carefully
abstained. Intrusted with the duty OF taking
care that the laws be faithfully executed"
nv only desire was that the people of Kansas
should furnish to Congress the evidence requir-
ed by the organic act, whether for or against
Slavery and in this manner smooth their pas
sage 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 majority on the direct question whe-
ther this important domestic institution should
or should not continue to exist. Indeed, this
was the only possible mode in which their
will could be authentically ascertained.
The election of delegates to a 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 jori-
ty 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
majorities, 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 his.
tory proves that influences may be brought to
bear on the representative sufficiently power
ful 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 majority of the people of
any State or Territory on an important and
exciting question like that of Slavery in Kan
sas, except by leaving it to a direct vote
How wise, then, was it for Congress to pass
over all subordinate and intermediate agen-
ces, and proceed directly to the source of all
legitimate power under our institutions
How vain would any other principle prove
in practice This may be illustrated by the
case Of Kansas. Should she be admitted in
to the Union with q Constitution either main
tanning or abolishing Slavery against the SEN
timent of the people, this could have no other
effect than to continue and to exasperate the
existing agitation during the brief period re-
quired 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 a recent
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 no.
nor that they would cheerfully submit the
question of Slavery to the decision of the bo-
M fde people of Kansas, without any restric-
ton or qualification whatever All were cor
daily united upon the great doctrine of popu-
lar sovereignty, which is the vital principle of
our free Institutions Had it then been insin
uated from any quarter that it would be sufi-
cient compliance with the acquisitions Of the
organic law for the members Of convention,
thereafter to be elected, to withhold the ques-
ton OF Slavery from the people, and to sub
stitutc their own will for that of a legally as
certained majority Of all their constituents, this
would have been instantly rejected. Every
where they remained true to the resolution
adopted on a celebrated occasion recognizing
the right of the people Of all the Territories
-including Kansas and Nebraska, acting
| through the legally and fairyexpressed will
of a majority of actual residents, and whenev-
er the number of their inhabitants justifes il,
to form Constitution, with or without Sla-
! very, and be admitted into the Union upon
terms Of perfect equality with the other States" !"
The Convention to frame Constitution for
Kansas met on the first Monday of September
, last. They were called together by virtue Of
all act Of the Territorial Legislature, whose
| lawful existence had been recognized by Con-
gress in different forms and by different enact
ments. large proportion of the citizens Of
Kansas did not think proper to register their
names and to vote at the election for delegates;
| but an opportunity to do this having been fair
| ly afforded, their refusal to avail themselves
of their right could in no manner affect the
| legality of the Convention
This convention proceeded to frame con-
stitution for Kansas, finally adjourned on the
| 18th day of November But Little difficulty
occurred in the convention, except on the sub
| ject of slavery. The truth is that the gener-
| al provisions of our recent State constitutions
are so sutherland, may add, so excellent
that the difference between them is not es-
sentlal. Under the earlier practices of the
Government, no constitution framed by the
| convention of Territory preparatory to its
| admission into the Union as a State had been
submitted to the people trust, however
the example set by the lastCongress, requiring
| that the Constitution of Minnesota, should
be subject to the approval, and rati6cations of
| the people of the proposed State" may be fol-
lowed on future occasions. | took it for granted
that the convention of Kansas would act in ac
cordance with this example, founded, as it is,
on correct principles and hence my instruc-
tions to Governor Walker, in favor of submit
ting the constitution to the people, were cx-
pressed in general and unqualified terms.
In the Kansas Nebraska, act, however, this
requirement, as applicable to the whole consti-
tuition, had not been asserted, and the conven-
tion were not bound by its terms to submit
any other portion of the instrument to au elec-
ton, except that which relates to the "domes-
tic institutions" of slavery This will be rem
dered clear 10y simple reference to its Ian
guage 1t was "not to legislate slavery into