Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-12-11

highly beneficial all concerned.
pecary point of view alone citizens have sustained
heavy losses from the seizure and closing of the transit route
by the San Juan between the two oceans.
The leader of the recent expedition arrested at New
Orleans but discharged giving bail for his appear
ance in the insufficient sum of two thousand dollars
commend the whole subject to the serious attention OF
Congress believing that duty and our interest," as well
national character require that should adopt such
measures will be eecua in restraining our citizens from
committing such Outrages.
regret inform you that the President of Paraguay has
refused to ray the treaty between the United states and
that State amended by the Senate the signature OF Wnch
mentioned in the of predecessor to Con
gress at the opening of its session in December 1858 Inc
assigned for this refusal will appear IN the cores
pondence herewith submitted.
being desirable ascertain the fitness of the river La
Plata and its tributaries for navigation by seam the u 3
Water Witch sent tither for that purpose in
1853 The enterprise successfully carried On until rep
uary 1885, when whilst in the peaceful prosecution OF her
voyage the Parana river the steamer was fired upon by
Paraguayan fort The fire returned; but as the W
ter Witch of small force and not designed for offensive
operations she retired from the conflict The preteH upon
which the attack was made was decree OF the
Paraguay of October 1854 prohibiting foreign
navigating the rivers of that State AS Paraguay how
ever, was the owner OF but one bank OF the IVe vi 'a
NAME the other belonging to Corrientes state OF the Ar
genne Confederation the right of its to eXpec
that such decree would be obyed cannot be ackn0Weog
ed. But the Water Witch not, properly speaking
vesseof-war. She small steamer engaged in sclen
tc enterprise intended for the advantage OF commercai
States generally Under these circumstances am cOnstra
ed consider the attack upon her unustable and as
calling satisfaction from the Paraguyan government
Citizens of the United States also, who were established
in Paraguay have had their property seized ana taken from
in insulting and arbitrary manner which requires re-
| dress.
demand for these purposes will be made in firm but
conciatory spirit This will the probably be granted
if Executive shall have authority to other means in
| tha Of recommended
1t unnecessary state in detail the alarming condition
Of the territory of Kanzas at the time of my Inauguration
each other, and any accident might have relghed the
flames civil Besides at this critical moment, Kan
left without governor by the resignation OF Gov
enOr Geary.
On the 10Th of February previous territorial egisla
ure had provided for the election of delegates the third
Monday Of June convention to meet on the 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 is to be regretted that all the
qualified electors had not registered themselves and voted
under its provisions.
the time of the election for delegates, extensive
ganzatOn existed in the territory whose avOwed object it
if need be- to put down the lawful by force
and to establish government of their own under the So
called Topeka Constitution The persons attached to this
revolutionary organization asained from taking any part
in the election.
The act of territorial legislature had omitted pro-
vide for submitting to the people the constitution which
might be framed by the conventions and in the excited
state of public feeling throughout Kansas apprehension
extensively prevailed that design existed to force upon
them constitution in relation slavery against their will
In this emergency became my duty it my unques
Onable right having in view the union OF ali good citizens
support of the territorial laws, to opinion on
the construction of the provisions concerning slavery
contained in the organic act of Congress Both May 1854
Congress declared to be the true intent and meaning
State exclude thercrom but to leave the people
thereof perfectly free to form and regulate their domestic
institutions in TIER own way Under 1T hansa a. rn
with without slavery their constitution prescribe
at the time of their admission
Did Congress by this language that the delegates
elected to frame constitution should have authority finally
decide the question of slavery or did they intend by
themselves should decide this question b: a
direct vote On this subject | confess | had
instructions Walker of the 2Sh March last merely
said that when "a constitution shall be submitted to the
people of the Territory they must be protected IN the eNer
else of their rights OF voting for ofaganst that instrument
and the fair expression OF the popular Will must not be in
terrupted by fraud or violence.
,v,s from, NM, +
interfere with the decision Of the people of Kansas either
for against slavery. From this have always carefully
abs lined Intrustcd with the duty Of taking the
laws be faithfully executed, my only desire that the
people Of Ka should furnish Congress the evidence
required by the organic whether for against slavery
IA this smooth their passage into the Union In
tie emerging from the territorial dependence into that of
known their will by the votes of the majority, the direct
question whether this important domestic institution should
possible mode in which their will could be authenticity
certaned.
y take place separate districts From this it
readily happen has often been the that majority Of
the people of the Territory side of question:
whilst majority of the representatives from the dis
which it is divided may be upon the other side.
This from the fact that districts delegates
may be elected by small maores whilst in others those
different sentiments receive maortes sufficiently great
only to overcome the votes given for the former but to
leave large majority of the whole people direct opposi-
ton the majority of the delegates Besides history
proves that influences be to bear the repre-
sentative sufficiently powerful to influence him to disregard
the win of his constituents The truth is that other
|
of majority OF the people OF any State or Territory on an
important and exciting question like thato slavery Kan
except by leaving tito direct vote How wise, them
for Congress pass pver all subordinate and inter
mediate agencies and proceed directly tie the source OF all
legitimate power under our institutions!
How vain would any other principle prove in practce!-
This may be ILLUSTRATED by the of Kansas Should she
be admitted the Union with constitution either main
tanning aboishng slavery against the sentiment of the
people, this could have other effect than continue and
exaspeate the existing agitation during the brief period
required to make the constitution conform to the rrepons
+ BILE will of the majority
The reuds and supporters the Nebraska and Kansas
act when struggling recent occasion to sustain its
provisions before the great tribunal of the American people,
differed about its true meaning on this subject Eve
where throughout the Union they publicly pledged their
faith and their HONOR that they would cheerfuy submit the
question of slavery the decision of the bOuG tide people
Kansas without any restriction qualification whatever
All cordially united upon the great doctrine of popular
sovereignty which the vital principle of free nstu-
TONS Had then been ntimated from any quarter that
would be sufficient compliance with the acquisitions of the
organic law for the members of convention thereafter to be
elected withhold the question of slavery from the people,
and to substitute their will for that of legally
tanned majority of all their constituents this Would have
been instant rejected Every where they remained true
the resolution adopted celebrated occasion recognize
ing he right of the people of all the
expressed will of majority residents and when
the number of their inhabitants justified it, form
constitution, with or without slavery and be admitted into
the Union upon terms OF perfect equality with the other
e States
The convention frame constitution for Kansas met on
the first Monday of September last They called to-
geher by virtue of act of the territorial legislature whose
lawful existence had been recognized by Congress differ
enactmen large proportion the citizens of Kan
did think proper register their and to vote at
the election for delegate but opportunity do this
been fairly afforded their re al avail themselves of
their right could manner affect the legality of the
ventiOn.
This convention proceeded to frame constitution for
Kansas and finally adjourned the 7h day of November
Rut little difficulty occurred in the convention except on the
subject of slavery The truth that the general provisions
of recent State constitutions smilar-and may
add, cXcelentha the difference between them is not
essential Under the earlier practice of the