The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1857-12-09

prove hfghiy beDeclai 20 AL tine parties concerned
In peeuniary point OF view alone citizens
have sustained heavy Losses from the seizure aud
closing Of the traneit route BY the San Juan be-
| tween the two oceans
The leader Of the recent expedition was arrest
cd AZ New Orleans. but was discharged ON giving
bail for his appearance In the insufficient sum OF
| TWO thousand dollars.
commend the whole subject to the serious at
tenfion Of Congress, believing that our duty and
our interest, wen as cur national character,
quire that we should adopt such measures as will
be efectual in restraining our citizens from COM
mitting such outrages.
regret TO inform you that the President OF Pa
| raguaJ has refused to ratify the treaty between
| the United States aud that state as amended by
| Inc y nate. the sgDafure of which mentioned
ia the message OF my predecessor TO Congress at
the opening ef ITS session In December, 1858. The
reasons assigned for this refnsai will appear in the
| correspondence herewith subtoitted.
being desirable to ascertain the fitness OF the
river Ls Plata and its tributaries for navigation by
| steam the United States steamer Water Witch was
sent thither for that purpose in 1855. This enter
prise was successfully carried on until February
| 1893, when, whilst ia the peaceful prosecution of
/ ner voyage mp the Parana river, the steamer was
| nred upon by Paraguayan fort The fire was re-
| turned but a. the Water Witch was of small
force, and not designed for offensive operations
! she retired from the conflict. The pretext upon
whicn fne attack was made was decree of the
PRESIDENT OF Paraguay of October 1854 prohibiting
foreign vesselsof from navigatif the rivers Of
| that State. As Paraguay, however. Was the owner
OF out one bank of the river of that name the
| other belonging to Correntes, State of the Ar
genuine Confederation. the right of it's govern ment
| TO expect that such decree would be obeyed can.
| not be acknowledged. But the Water Witch was
not, properly speaking, a vessel-ofwar. She was
smaii steamer engaged in a scientific enterprise
| inienueu Ior the advantage of commercial States
| generally Under these circumstances am con-
strained to consider the attack upon her as unjus
Unable and as calling for satisfaction from the Pa
| ragnayan government.
1 [ liens of the Uritad State. als, rto x~n,o A..
taoished in business in Paraguay, have had their
properly seized aud taken from tbeni and have
otherwise been treated by the authorities in an
rsditng ald arbitrary manner, which requires
demand for these purposes viii be made in
nrm put couciiiatory spirit. This will the mere
propaoiy De granted ii the Executive shall have
su.norlay 70 use other means ia the event of a
iusai. This is accordingly recommended
1t is unnece sary TO state in detail the alarming
CONDITION OF the Territory of Kansas at the time OF
my inauguration. The opposing parties then ssood
In hostiie array against each other, and any acc
9ent might have relighted the flames of civil war
Besides, at this critical moment. Kansas was left
Geary.
On the 10th of February previous. the territorial
legislature had passed a law providing for the cleo
ton OF delegates on the third Monday of June TO
| conyeltiou to meet on the first Monday of Sep
temoer Tor the purpose of framing a constitution
preparatory 10 admission into the Union This
Ia" was IN the main fair and just; and it is to be
regretted that all the qualified electors had not
registered themselves and voted under its pi owl
sions.
At the time of the election for delegates an ex.
tensve organization existed in the Territory whose
asoweu otJect 1t was, IL need be- to put down the
lawful government by force. and to establish a
government ot their own under the so-calied Tope-
ka coustitution The persons attached to this rev.
oil ltionary organization abstaned from taking any
part in the election.
The act Of the territorial legislature had omitted
10 provide for submitting to the people the const
| tuition which might be framed by the convention.
and 10 the excited state of public feeling through
out Kansas an apprehension extensively prevailed
that design existed to force upon them a consti
tn'ion III re'aton TO slavery against their will
In this emergency il became my duty as it was my
J uaquestlonabie right. having in view the union o
all good citizens in support of the territorial laws
10 express aa opinion on the true construction Of
the provisions concerning slavery contained in the
f. organic act OF Congress of the Both May. 1S54-
congress declared 1t to be ''the true intent and
: meaning OF this act not to legislate slavery int
g any Territory or State, nor to exclude it there
from but to leave the people thereof perfectly FIRE,
to form and regulate their domestic institutions il
i their own way Under it Kansas 'swhen admit
ted as State was to 'be received into the Unio,
with or without slavery as their constitution ma,
i prescribe at the time of their admission
Il Did Congress mean by this language that tn
/ delegates elected to frame constitution shout
have authority finally TO decide the question O
slavery, or did they intend by leaving IL TO tn
i | decide this question by direct vote? On thi
subject / confess had never entertained seriou
u doubt and. therefore, in my instructions to Go,
{ Walker of tina 18th of March last, | merely sal
that when "a constitution shall be submitted t
the people of the Territory they must be protecte
! in the exercise of their right of yotps for q
= against that instrument, and the fair expression
} of the popular will must not be interrupted b
4 | fraud or violence"
: In expressing this opinion it was far from my il
tenion to interfere with the decision oil the )ple
Kansas, either for or against slavery. Prom thi
. 3ave always carefully abstained. Jntrusted wit
the duty of taking "care that the laws be faithful
+ ly executed" my only desire that the peopI
of Kan should furnish to Congress the evidenc
required by the organic act, whether for agains
! slavery; and in this manner smooth their passag
into the Union. In emerging from the couditio
: | of territorial dependence into that of a soversis
State it was their dutp, in my opinion, to max
Y known their will by the votes of the majority, o
the direct question whether this important dome
tic institution shoud or should not continue to
Il ist. Indeed, this the only possible mode
y which their will could be authenteally ascertain
e ed.
:. :. The election of delegates to convention mu
necessarily take place in separate districts. Fro
.r this it may readily happen, has often bee
e the Case that majority of the people of State
Territory are on one side of a question, whilst
at msjority of the representatives from the sever
u, districts into which it is divided may be upon I'll
o other side This arises from the fact that in son
ri districts delegates may be elected by small majo
to ites whilst in others those of fdiferent seniel
er may receive maorities sufficiently great not on
TO overcome the votes given for the tormer, but
at leave large majority of the whole people in dire
II opposition to the majority Of the delegates 4
"; ne sides. our history proves that influences may
m brought to bear the representative sufficient
all powerful induce him to disregard the will of
ur constituents The truth is, that no other authe
tic and satisfactory mode exists OF aseertaining
IN will of majority of the people ofany State,or n
Oh ritory on an important and exciting question Ii
re- that of slavery in Kansas, except by leaving IL
~ a direct vote How wise, then, was 1t for Congrs
IN pass over all subordinate and intermediate ag
ch ces and proceed directly to the of all leg
ri innate power under our institutions!
ITS How vain would any other principle prove
pie practical This may be illustrated by the case
Kansas. Should she be admitted into the Unit
~; with constitution either maintaining or abolishi
Ia slavery, against the sentiment of the people,
ct could have no other effect than to continue and
$50 exasperate the existing agitation during the bI
ny period required TO make the constitution confo
tc- TO the irresistible will OF the majority.
NJ The friends and supporters of the Nebraska q
he Kansas act, when struggling on recent occas
fe TO sustain its wise provisions before the great
eir bunal of the American people, diffeTe ab
Gr its true meaning on this subject. Everywh
- throughout the Union they publicly pledged Oh
,a faith and their honor, that they would Cheerful
or submit the question OF slavery to the decision
or ths bona Gfs people Of Kansas, without any
on ction or qualification whatever. All were COZ
IA ally united up the great doctrine of popular 1
ereignty, which is the vital principle OF our {
ly institutions. Had it then been insinuated from
NJ quarter that il would be a sufficient eompIia
is With the requisiton of the organic law for
ir members OF convention, thereafter 10 be elect
rs to withhold the question of slavery from the 7
IN pie. and 10 substitute their will for that
legallyascertaiued majority OF all their consti
al ents, this wonld have been Instantly rejected
rt Everywhere they remained true TO the resolut
Ar adopted on celebrated occasion recognising :.
ur right of the people OF all the TerritorssIrcud
Kansas and Misunderstanding though the lega
I'd and fairly-expressed will Of majority Of act
IN residents, and whenever the number Of their ni
Id itants justifies IL, to form constitution with
We without slavery, aud be admitted Into the Tn
C upon terms Of perfect equality with the otl
Siates.p
u The convention tofrsme constitution for Kan
naa he. dr. .fS rI