The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1857-12-26
The rr.ssd.n,,. M....g. Relative to K.nsa. Ma,


Il is unnecessary to state in detail the
alarming condition of the Territory Of
Kansas at the time of my Inauguration.
The opposing parties then stood In hos
tire array against each other, and any ac-
cident might have relighted the flames of
civil war. Besides, at this critical mo-
ment, Kansas was left without a governor
by the resignation of Gov. Geary.
On the 10Th of February previous, the
territorial legislature had passed law
providing for the election of delegates on
the third Monday Of June to Conven-
ton to meet on the frst Monday of Sep
TENDER, for the purpose of framing Con-
stitution preparatory to admission into
the Union. This law was in the main
fair and just; and it is to be regretted
that ali the qualified electors had not
registered themselves and voted under its
provisions.
1T the time of tie election for delegates, an
extensive organization eristed IN the Terri
tory, Dhose acoseed object IL a0as. If need Be,
to put doaog the LAWFUL government By force,
and to establish a government of their own
under the so-cailed Topeka constitution.
The persons attached to this revolutionary
organization abstained 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 thro'-
out Kansas an apprehension extensively
prevailed that design existed to force
upon them a Constitution in relation TO
slavery against their will In this emer-
gency it became my duty, as it was my
unquestionable right, having in view the
union of all good citizens in support of
the territorial laws, to express an opinion
on the construction of the provisions con-
corning slavery contained in the organic
act of Congress of the 30th May, 1854
Congress declared it to be "the true in
tent and meaning of this act not to legis-
late slavery into any Territory or State,
nor to exclude it therefrom, but to leave
the people thereof perfectly free to form
and regulate their domestic institutions
in their own way" Under it Kansas,
"when admitted as State" was to "be
received into the Union, with or without
slavery, as their Constitution may pre-
lscribe at the time of their Constitution"
Did Congress mean by this language
that the delegates elected to frame Con-
stitution should have authority finally to
decide the question of slavery, or did
they intend by leaving it to the people OF
Kansas themselves they should decide tnis
question by direct vote? On this sub
liect l confess l had never entertained a
serious doubt, and, therefore, in my in
structions to Governor Walker of the
18th March last, I merely said that when
"a Constitution shall be submitted to the
people of the Territory, they must be
protected in the exercise of their right Of
voting for or against that instrument, and
the fair expression of the popular will
must not be interrupted by fraud or vic.
| lence."
In expressing this opinion it was fal
from my intention to interfere with the
decision of the people of Kansas, eithel
, for or against slavery. From this l have
always carefully abstained. Entrusted
with the duty of taking scare that the
| laws be faithfully executed, ," my only de
!, sire was that the people of Kansas should
furnish to Congress the evidence required
by the organic act, whether for or sgains
J slavery and in this manner smooth thei
passage into the Union. In emergin,
, from their condition of territorial depend
ence into that of sovereign State, it wa
their duty, in my opinion, 10 make known
J their will by the votes of the majority, OF
| the direct question whether this importan
domestic institution should or should no
! continue to exist. Indeed. this was tn,
7 only possible mode in which their vii
} could be automatically ascertained.
The election of delegates to Conven
ton must necessarily take place in sepa
t rate districts. From this cause it MAY
g readily happen, as has often been tn,
f case, that majority of the people of ;
S State or Territory are on one side of ;
e question, whilst majority of the repre-
1 sentatives from the several districts int
+ which it is divided may be upon the 9th
: er side. This arises from the fact that il
It some districts delegates may be elected
S by small majorities, whilst in others thos,
r of different sentiments may receive ma
n jorities sufficiently great not only to over
It come the votes given for the former, bu
n to leave large majority of the who'll
Il people in direct opposition to a majority
= of the delegates. Besides, our histor,
: proves that influences may be brought t,
d bear on the representative sufficient,
d powerful to induce him to disregard tn
: will of his constituents. The truth is
/ that no other authentic and satisfactor-
II mode exists of ascertaing the will of
/ majority of the people of any State c
n Territory on an important and excitin
', question like that of slavery in Kansa:
VI except by leaving it to a direct vote
If How wise, then, was it for Congress t
IS pass over all subordinate and intermediat
e agencies, and proceed directly to tn
S, source of all legitimate power under GU
lr institutions
a How vain would any other principl
e prove in practice? This may be illustra
= ted by the case of Kansas. Should she
10 admitted into the Union, Nth a constitutio
/ either maintaining or abolis1ng slaUer1
n against the sentiment of Aepeople, this coul
q haze no other eject than to continue and |
q erasperate tie existing agitation during ii
: brief period required to make the constitute
n conform to the i,Tesistible i0i of the n,ajorit
1 The friends and supporters of the NJ
( braska and Kansas act, when strugglin
n on recent occasion to sustain its wis
d provisions before the great tribunal of tn
re American people, never differed about il
DR. true meaning on this subject. Every
DR. where throughout the Union they public
y ly pledged their faith and their homo
IL that they would cheerfully submit tt
N question of slavery to the decision of Il
N bona jsde people of Kansas, without an
= restriction or qualification whatever. A
If were cordially united upon the vital pril
rs ciple of our free institutions Had it the
rs been insinuated from any quarter that
D. would be q sufficient compliance with Il
re reauisitions of the organic law for Il
lie members of convention, thereafter to
Of elected, to withhold the question of slav
D nv from the people, and to substitute the
70 - Ill Co. |hot of q 1ana ilz, aonorfain.