The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-12-18

omitted to provide for submitting TO the pso-
pie the constitution which might be framed
by the Convention and in the excited state
Of public feeling throughout Kansas IN APP
prehension extensively prevailed that q de-
sign existed to force upon them constitu-
ton in relation 10 slavery against their will.
In this emergency it became my duty. ~
1t was unquestionable right, having in view
the union Of good citizens in support Of the
Territorial laws, TO express ON opinion on
the true construction Of the provisions con
corning slavery contained in the organic act
OF Congress Of the 30th Of May, lsa.-
Congress declared it to be "the true intent
and meaning Of this act not to legislate slave
~ into any Territory or State, nor to.sAolude
it therefrom, but TO leave the people thereof
perfectly free to form and regulate their do
nestle institutions in their own way I'm
der 1t Kansas, "when admitted ~ State,
was to "be received inio the Union, with or
without slavery, as their constitution may
prescribe at the time Of their admission"
Did Congress mean by this language that
the delegates elected to frame u constitution
should have authority finally to decide the
question Of slavery, or did they intend, by
leaving 1t to the people, that the people
Of Kansas themselves should decide thu ques.
ton BY direct vote? On the subject,
confess, had never entertained serious
doubt, and therefore. in my instructions to
Governor Walker, Of the 2sth Of March last,
| merely said that when ga constitution
shall be submitted to the people Of the Ter
ritory, they must be protected in the eIer'
else Of their right Of voting for or agains,
that instrument, and the fair expression oil
the popular will must not be interrupted BY
fraud or violence"
In expressing this opinion, it was iaI
from my intention to interfere with the de-
cision OF the people Of Kansas, either FOL
or against slavery. From this i have OIL
ways carefully abstained. Entrusted with
the duty Of taking scare that the. laws bs
faithfully executed" my only desire wal
that the people Of Kansas should furnish to
Congress the evidence required by the organ,
&c act, whether for or against slavery, and
IN this manner smooth their passage into
the Union. In emerging from the condition
Of Territorial dependence into that Of q SOW
ereign State, it was their duty, in my opln'
ion, TO make known their will by the votes
o. the majority, on the direct question
whether this important domestic institution
should or should not continue to exist. In
deed, this was the only possible mode IN
which their will could be authenticity as
certained.
The election Of Delegates toa Convention
must necessarily take place in separate dis
ricts. From this cause it may readily hap
pen, as has often been the case, that q ma
,ority Of the people Of n State or Territory
are on one eide Of question, whilst ma,
iority of the Representatives from the several
districts into which it is divided may DO up
ON the other side. This arises from the Tact
that in some districts delegates may be cleo
ted by small majorities. whilst in Others thost
of different sentiments may receive MAORI
ties sufficiently great not only to overcome
the votes given for the former. but to leave
large majority Of the whole people IN d.
rect opposition to majority OF the dele
gates. Besides, our history proves that in
lluences may be brought to bear on the rep
rsentatiye sufficiently powerful to induce
him to disregard the willof his constituents
The truth is, that no other authentic and
satifactory mode exists Of ascertaining the
will of a majority Of people OF any state
or Territory on an important and exciting
question like that OF slavery in Kansas, ex'
cept by leaving it to direct vote. no"
wise, then, was it for Congress to pass over
all subordinate and intermediate agencies
and pass directly to the source Of oil leglti
innate 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 constitution either
maintaining or abolishing slavery, against
the sentiment of the people, this could have
M other effect than 10 continue and to exas'
perate the existing agitation during the oriel
period required to make the constitution
conform 20 the irresistible will OF the major
ity. sv
The friends and supporters OF the Nebras'
ka and Kansas act, when struggling on u re-
cent occasion to sustain its wise provisions
before the great tribunal OF the American
neople. never differed about its true mean
ing ON this subject. Everywhere through
out the Union they publicly pledged their
faith and their honor that they would cheer
fully submit the question Of slavery to the
decision of the bona 6de people OF Kansas
without any restriction or qualification what
ever. All were cordially united upon the
great doctrine Of popular so, ereignty, which
is the vital principle Of our free institutions
had il heen insinuated from any quarter
that il would be sufficient compliance with
the reauisitions of the organic law for the
members of convention, thereafter to be
elected, to withhold the question OF slavery
fromthe people, and to substitute their own
will for that Of legally ascertained major
ity of all their constituents, this would have
been instantly rejected. Everywhere they
remained true to the resolution adopted on
n celebrated occasion recoeizing "the RICH,
Of the people Of all the Territories-includ'
ing Kansas and Misunderstanding through
the legally and fairly expressed will OF d
majority OF actual residents, and whenever
the number of their inhabitants justifes it.
to form u constitution with or without
slavery, and be admitted into the Union up
on terms Of perfect equality with the othe'
States"
The Convention 10 frame Constitution
for Kansas met on the FIRST Monday Of Sep
TENDER last. They were called together by
yirtne of an act OF the Territorial Legisla
ture, whose lawful existence had been recog
ni,ed by Congress in different forms and b,
different enactments. a large proportion
of the citizens Of Kansas did not thinl
proper to register their names and to vote u
the election for delegates; but an opportu
nifty to do this having been fairly afforded
their refusal to avail themselves OF theil
right could in no manner affect the legalit.
OF the Convention.
This Convention proceeded TO frame con
s,itution for Kansas, and finally adjournet
ON the 9TH day Of November But littl'
difficulty occurred in the Convention, eI
cept on the subject Of slavery. The truti
is that the general provisions OF our reesn
State Constitutions are 80 similar-and'
nav add, 10 e1cellent-that the difference
between them is not essential. Under tn
earlier practice Of the government, no Con
stitution framed by the Convention oil