Arkansas true Democrat., 1857-12-22


 Water Witch was not, properly speaking, a ves- sel of war. She was small steamer, engaged in scientific enterprise, intended for the advan- tage of commercial States generally. Under these circumstances, 1 am constrained to con- sider the attack upon her as unjustihable, and as calling for satisfaction from the Paraguayan government
 Citizens of the United States, also, who were established in business at Paragua, have had their property seized and taken from them, and have otherwise been treated by the authorities in an insulting and arbitrary manner, which re- quires redress
 demand for these purposes will be made in a firm and conciliatory spirit. This will the more probably be granted, if the Executive shall have authority to use other means in the event of refusal. This Is accordingly recon. mended.
 It is unnecessary to state in detail the alarm ing condition of the Territory of Kansas at the time of my inauguration. The opposing par ties then stood in hostile array against each other, and any accident might have relighted the flames of civil war Resides, at this critical moment, Kansas was left without Governor, by the resignation of Gov. Geary.
 On the 18th of February previous, the terri toral legislature passed law, providing for the election of delegates on the third Monday in June, 10 a COHNtuIOu lo iilttt Oi the urSL MOU- day 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 ba regretted that all the qualified voters had not registered themselves and voted upon its provisions.
 At the time of the election for delegates an extensive organization existed in the Territory, whose avowed object 1t was, if need he, to put down the lawful government by force, and to establish government of their own under the so called Topeka constitution. The persons at tached to this revolutionary organization ab- stained from taking any part in the election.
 The act of the territorial legislature had omitted to provide for submitting to the people the constitution which might be framed by the convention: and in the excited state of public feeling throug bout Kansas, an apprehension ex- tensively prevailed that design existed to force upon them constitution in relation to slavery against their will In this emergency, 1t be- came my duty, as 1t was my unquestionabe right, having in view the union of all good citi- in support of the territorial laws, to express an opinion on the true construction of the pro- provisions concerning slavery, contained in the original act of Congress, of the Both May, 1854 Congress declared 1t to be the "true intent and meaning of this act, not to legislate slav- cry into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domes- tic institutions in their own way" Under it. Kansas "when admitted as a State," was to "be received into the Union, with or without slavery, their constitution may prescribe at the time of their admisSion.'
 Did Congress mean by this language that the delegates elected to frame constitution should have authority finally to decide the question of slavery, or did they intend by leaving it to the people, that the people of Kansas them selves should decide this question: by direct vote? On this subject, 1 confess, I never en- tertained serious doubt, and, therefore, in my instructions to Governor Walker, of the 18th of March last, merely said that when "a consti- tuition shall be submitted to the people of the Territory, they must be protected in the exer- else of their right of voting for or against that instrument, and the fair expression of the pOpu- lar will must not be interrupted by fraud or vio- lence."
 In expressing this opinion, it was far from my intention to interfere with the decision of the people of Kansas, either for or against sa- very. From this have always carefully ab- stained. Impressed with the duty of taking "care that the laws be faithfully executed" my only desire was that the people of Kansas should furnish to Congress the evidence re- quIIcO Dy lile Oi8dDlC iOl UT slavery, and in this manner smooth their pas sage into the Union. In emerging from the condition of territorial dependence into that of sovereign State, it was their duty, in my opi- non, to make known their will by the votes of the majority, on the direct question whether this important domestic institution should or should not continue to exist. Indeed, this was the only possible mode in which their will could be authenGcally ascertained.
 The decision of delegates to convention must necessarily take place in separate districts. From this it may readily happen, as has often been the case, that majority of the peo- pie ot State or territory are on one side of question, whilst q ma orlty of the representa- tlves from the several districts into which it is divided may be upon the other side. This arises from the fact that in some districts dele gates may be elected by small majorities, whilst in others those of different sentiments may re- ceive majorites 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 ma jorlty of the dele gates.
 Besides, our history 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 R. 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 to direct vote-- How wise, then was 1t for Congress to pass over all subordinate and intermediate agencies, and proceed directly to the source of all legitimate power under our institutions!
 How vain would any other principle prove in practice! This may be illustrated by the of kapSaS Should ha bo aIp ;,, the Union, with constitution either maintain ing or abolishing slavery, against the sentiment of the people, this could have no other effect 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 ajorty.
 | The friends aud supporters of the Nebraska and Kansas act, when struggling on recent occasion to sustain its wise provisions before the great tribunal of the American people, never differed about its true meaning on this subject Everywhere throughout the Union they publicly pledged their faith and their honor, that they would cheerfully submit the question of slavery to the decision of the bona tide people of Kan sas, without any restriction or qualification whatever All were cordially united upon the great doctrine of State sovereignty, which is the Vital principle of the federal constitution. Had It then been insuuated from any quarter that It would be sufficient compliance with the re- qusition of the organic law for the members of a convention, thereafter to be elected, to with. hold the question of slavery from the people and to substitute their own will for that of a legally ascertained majority of all their con- ] stiuentS, this would have been instantly re- jected.
 Everywhere they remain true to the resolu- ton adopted on celebrated occasion recogniz- ing the right of the people of all the territo rles-iEcluding Kansas and Nebraska--actino through the legally and fairly expressed will of majority of actual residents, and whenever the number of their inhabitants justi6es it, to form constitution, with or without slavery, and De admitted into the Union upon terms of per- feet equality with the other States"