Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1857-12-17

Under these circumstances am constrained to
consider the attack upon her as unjustifable,
and as calling for satisfaction from the Para
guayan government.
Citizens of the United States, also, who we're
established in business in Paraguay have had
their property seized and taken I'm them, and
have otherwise been treated by the authorities
IN an insulting and arbitrary manner, which
requires redress.
A demand for these purposes will be mado
in u firm but conciatory spirit. This will tho
more probably be granted if the executive shall
have Authority to use other means in the event
OF refusal This is accordingly recommend
ed
1t is necessary to state in detail the alarming
condition of the Territory OF Kansas at tho
time OF my Inauguration. The. opposing par
ties then stood in hostile array against each 9TH
er, and any accident might have relighted the
flames of civil war. Besides, at this critical
moment, Kansas was left without Governor
by the resignation of Gov Geary.
On the 18th of February previous, the terrific
rial legislature had passed law providing for
the election Of delegates on the third Monday
Monday of September, for the purpose of fra
ming u constitution preparatory to admission
into the Union. This law was on the main fair
and just and it is to be regretted that all the
qualified electors had not registered themselves
and voted under its provisions
At the time Of the elections for delegates, an
xenslve organization existed in the Territory,
whose avowed object it was, if need be, to put
down the lawful government by force, aud to
establish a government of their own under the
ao-called Topeka Constitution The persons at
tached to this revolution organization abstained
from taking any part in the election.
The act of the Legislature had omitted to
provide for submitting to the people the eonsti-
tuition which might be framed by the Conven-
tion and in the excited state of public feeling
throughout Kansas an apprehension extensively
prevailed that design existed to force upon
them constitution in relation to slavery agains,
their will. In this emergency it became my
duty as 1T was my unquestionable right, having
in view the union of ali good citizens in sup
dport of the Territorial laws to express an opin-
ion on the true construction of the provisions
concerning slavery contained in the organic act
of Congress of the 3Oth May, 1854. Congress
declared it to be " the true intent and meaning
of this act not to legislate slavery into any Ter
ritory or State, nor to exclude it thertrom, but
to leave it to the people thereof perfectly free to
form and regulate their domestic institutions in
their own way" Under it Kansas, g. when ad-
mittcd as a Stare" was to - be received into
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
dnln oil cad L I
have authority finally to decide the question of
slavery or did they intend, by leaving it to the
people, that the people of Kansas themsel,e s
should decide this question by "a direct votel
On this subject confess had never entertained
serious doubt, and therefore. in my instruc-
tions to Governor Walker of the 28lh March
submitted to the people of the Territory, they
must be protected in the exercise Of their right
OF voting tor or against that instrument, and
the fair expression of the popular will must not
be interrupted by fraud or violence.
In expressing ibis opinion it was far from my
intention to interfere with the decision of the
people of Kansas, either for or against slavery
From this have always carefully abstained,
Entrusted with the duty of taking I" care that
the laws be faithfully executed" my only de-
sire was that the people of Kansas should fur
nish to Congress the evidence required by the
organic act, whether for or against slavery, and
in this manner smooth their passage into the
Union. In emerging from the condition of Ter
ritorial dependence into that of a sovereign
State it was their duty, IN my opinion, to make
known their will by the votes of the majority,
on the direct question whether this important
domestic institution should or should not con
tinue to exist. Indeed, this was the only eos
sible mode in which their will could be anthem
tically ascertained
The election Of delegates to a Convention
must necessarily take place in separate districts
From this cause it may readily happen as has
often been the case, that a majority of the
people of II State or Territory are on one side
of question, whilst majority of the repre-,
sentatives 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 majorties, whilst
IN Others those of different sentiments NAV re-
cieve majoritics 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 Il ma jority of the delegates
Besides, our history proves that influences may
De brought to bear on the representative suifici-
emily powerful TO induce him to disregard the
will OF his constituents. The truth is, that nc
: other authentic and satisfactory mode exists Of
ascertalnlng the will of u ma! ority of the people
g OF any State or Territory on an important and
exciting question like that Of slavery in Kan.
=, sas, except by leaving it to direct vote How
, wise, then, was it for Congress to pass over al
subordinate and intermediate agencies, and pro
coed directly to the source of all legitimate
power under our Institutions
How vain would any other principle prove ir
practice This may be illustrated by the Gus,
OF Kansas. Should she be admitted into the
= Union with constitution either maintaining
or abolishing slavery, against the settlement
the people, this could have no other effect than
Il to continue and to exasperate the exising agita
. . ton during the brief period required to max,
the constltu tloa conform to the irresistible viii
y of the majority.
y The friends and supporters of the Nebrask,
i. ana Kansas act, when struggling on u recent
: occasion to sustain its wise provisions before TN
: great tribunal of the American people, neye
differed about its true meaning on this subject
: Everywhere throughout the Union they pu65lcl
= pledged their faith and their honor that the
II would cheerfully submit the question of SLAYER
y of the decision of the bone fde people of Kan
Sae, "iV"oue my Eesulctlons or quaihcaNol
whatever. All were cordially united upon TIN
:, great doctrine of popular sovereignty, which
:. is the vital principle of our free institutions
u Had it been nsinuated from any quarter tina
it would be sufficient compliance with the re
70 QUESTION of the organic law for the members
y u convention thereafter TO ho elected, to with
y hold the question of slavery from the people
: and to substitute their own will for that of
i legally ascertained majority of all their con
stituents, this would have been Instantly reiecte
u Everywhere they remained true to the resou
g. ton adopted on celebrated occasion recoe Min
- y =" the right of the people of all the errtore
~ including Kansas and Nebraska-actin
:, through the legally and fairly expressed will
~ IL; II majority OF actual residents, and wheneve
is the number of their inhabitants justfes it,
g. form constitution, with or without SLAYER,