Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1857-12-26

y
whole people in direct opposition to a ma
jorlty of the delegates Besides, our his
tory proves that influences may be brought
to 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 ascertaining the will of a majority
OF the people of any State or Territory on
an important and exciting question like that
of slavery in Kansas, except by leaving it
toa direct vote. How wise, then, was it
Tor Congress to pass over all subordinate
and intermediate agencies and proceed di
rcctly to the source of all legitimate power
under our institutions
low vain would any other principle
prove in practice This may be illustrated
by the case of Kansas. Should she be adj
mittcd into the Union, with constitution
either maintaining or aboishing slavery,
against the sentiment of the people, this
could have no other effect than to continue
to exasperatc the existing agitation du-
ring the brief period required to make the
constitution conform to the irresistible will
of the majority.
The friends and supporters of the Ne
braska and Kansas act, when struggling on
recent occasion to sustain its wise provis-
ions before the great tribunal of the Amer
lean people, never differed about its true
meaning on this subject Everywhere
throughoutthc Union they publicly pledged
their faith and their honor, that they would
checrfully submit the question of slavery
to the decision of the bona fide people of
Kansas, without any restriction or Qualif-
cation whotovor. Al wore cordially united
upon the great doctrine of popular soyc-
reignty, which, is the vital principle of our
institutions. Had it then been insinuated
from any quarter that it would be suf6-
cient compliance with the reouisitions of
the organic law for the members of con
vention, thereafter to be elected, to with
hold the question of slavery from the peo-
pie, and to substitute their own will for that
OF legally-ascertained majority of all their
constituents, this would have been instant
| ly rejected. Everywhere they remained
true to the resolution adopted on cclcbra-
ted occasion recognizing "thc right of the
people of all the Territories Including
Kansas and Nebraska acting through the
legally and fairly-exprcsscd will of a major
ity of actual residents, and whenever the
number of their inhabitants justiles it, to
form constitution, with or without slave
ry, and be admitted into the Union upon
terms of perfect equality with tho other
| States"
The convention to frame constitution
for Kansas met on the first Monday of Sep
tembcr last. They were called together by
virtue of an act of the territorial legislature,
| w f,,1 To-,
by Congress in different forms and by diff
terent onactments. A 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 fairly afforded, their
refusal to avail themselves of their right
could, in no manner, affect the legality of
the convention.
This convention proceeded to frame a
constitution for Kansas, and finally ad-
journcd on the 7th day of November. But
little difficulty occurred in the convention,
except on the subject Of slavery. The
truth is. that the general provisionsof our
recent State constitutions are so similar
and, | may add, so excellent-that the diff
ference between them is not essential I'm
der the earlier practice Of the government,
no constitution framed by the convention
OF a Territory preparatory to its admission
into the Union us State had been submit
ted to the people. trust, however, the
example set by the last Congress, requiring
that the constitution of Minnesota 'should
be subject to the approval and ratification
OF the people of the proposed State," may
be followed on future occasions. took it
for granted that the convention Of Kansas
would act IN accordance with this example,
founded, as lis, on correct principles; and
hence my instructions to Governor Walker,
in favor of submitting the constitution to
the people, were expressed in general and
unqualified terms.
In the Kansas Nebraska act, however,
this requirement, as applicable to the whole
constitution, had not been inserted, and the
convention were not bound by its terms to
submit any other portion of the instrument
to an election, except that Which relates to
the "dQmestictic institution" of slavery
This will be rendered clear by q simple ref
.erence to its language. Ii was "not to leg
islate slavery into any Territory OF State,
nor to exclude it therefroln but to leave
the people thereof perfectly free to form
and regulate their domestic institutions in
their own way According to the plain
construction of the sentence, the words
domestic Institutions have direct as
they have an appropriate reference to slave.
ry Domestic institutions" are limited
to the family. The relation between mas
ter and slave and a few others are "domes-
tic institutions aud are entirely distinct