The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1857-12-16

,
On tho l04h of February previous, the
territorial Legislature had passed law
providing for the election of delegates
on the third Monday of June TO con
vcntion TO meet on he first Monday Of
September, for the purpose of framing
constitution preparatory TO admission
into the Union. This law was in the
main fair and Just, and it is TO he re.
GREETED that all the qualified electors
had not registered themselves and voted
under its provisions. At the time Of the
election for delegates, al extensive or.
ganizatiop existed in the Territory,
whose avowed object it was If need be.
to put down the lawful government by
force, aud to establish a government Of
their own, under the so-called Topeka
Constitution. The persons attached to
this revolutionary organization abstain.
ing from taking any part in the election.
The act of the Territorial Legisla.
ture had omitted to provide for submit
ting to the people the constitution
which might be framed by the Conven-
ion; and in the excited state Of public
feeling throughout Kansas an apprehen.
sion extensively prevailed that a design
existed to force upon them constltu
ton in relation to slavery against their
will In this emergency it became nay
duty as it was my unqu'sti0uahIe right,
having in view the nuion Of all good cit
liens in support of the Tcrrit rial laws,
| 10 express an opuion of the true con
struction of the provision concerning slr
very contained in the organic act of
the 30th of May, 1854 Congfe,s d.
cared it to ne " the true intcnt and
meaning Of this act not to legisate sli
very into any Territory or State, nor to
exclude il theretrnm, but 10 leave the
| people thereof perfectly free to form
and regulate their own institutions in
their own way Under il Kansas,
when admitted as q State" was toe be
! received into the Mon, with or with
out slavery, as their constitution may
prescribe at he time Of their admission
Did Congress mean by this language
that the delegates elected to frame con.
stitption should have authority finally
to decide the question Of slavery, or did
they intend. hy leaving it 10 the people,
that the people Of Kansas themselves
should decide this question by direct
vote2 On this subject ! confess | had
never entertained soricus doubt, and
therefore, in my instructions to Governor
Walker Of the 2Sih of March last,
! merely said that when q constitution
shall be submitted to The people of the
territory they must be protected in the
exercise of their right Of voting for or
| against that instrument. and the fair ex-
| preston of the popular will must not be
nterlu pted BY fraud or violence
In expressing this opinion it was far
from my intention to interfere with the
! decision Of the people Of Kansas, either
for or against slavery. From this have
always carefully abstained Entrusted
with the duty If taking "care that the
laws be faithfully executed" my only
desire was that the people OF Kansas
should furnish to Congress the evidence
required 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 Terrific
rial dependence into that of q sovereig On
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 iustilu
ton should or should not continue to ex
list. Indeed, this was the only possible
mode in which their will could be an.
chemically ascertained.
The election of delegate. to a Con.
vention must necessarily take place in
separate districts From this cause it
may readily happen, a. has often been
the case, that majority OF the people
of State or Territory are on one side
Of q question, whilst majority of the
representatives from the several districts
into which il is divided may be upon tue
other side. This arises from the fact
that in some districts delegates may be
elected by small maiorities, 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
o majority of the delegates. BESIDES,
our history proves that influences may
be brought 10 bear on the representative
sufficiently powerful to induce him to
disregard the will of his constituents
The truth is. that no other authentic
and satisfactory mode exists of ascertain
ing the will of majority Of the people
Of any State or Territory on an impor-
tant and exciting question like that Of
slavery in Kansas except by leaving it
to 3 direct vote. How wise then, was
it for Congress to pasa over all subordi.
nate and intermediate agencies, and pro
coed directly to the source Of all legiti.
mate puwer under our institutions
How vain would any other principle
prove in practice This may bS Illus
trated by the case of Kansas. Should
sue be admitted into the Union, with
constitution either maintaining or abol-
ishing slavery against the sentiment of
the people. this eonld have 10 other IF.
feet 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.
Tba Jr;a,.l- AL su,,...,... & a. NJ