The Feliciana Democrat., 1857-12-26
WHAT TIE DISPUTE Is.

WHAT TIE DISPUTE Is.
Within the first week Of the session Of Congress
The Kansas controversy has broken out under new
circumstances Of increased excitement. The antci-
patton OF the coming there Of the Lecompton consti-
tuition with the demand for the admission of the
Territory under 1t state. has brought up all the
past questions IN dispute. and added some that are
novel and embarrassing. Within the Territory. at the
same time. tllc frenzy Of partisanship has risen TO
great height. Opposition 10 the constitution in all
IN aspects by all means. and to every extremity and
at all hnzards. i proclaimed in public meetings by
the ree state men and new adhcrents from the oppo-
site side and u military organization to resist by
arms, Is fully discussed openly proposed aud said to
be actually III progress. In this state OF dispute,
which is the constant source Of irritation in the pub
lie mind and which seems to be hurrying the coun-
try iuto civil war ii is well to understand exactly
the position Of the parties and to state the extent of
the pretcnsOns in fact and in law, which are the
provocatycs TO this fearful excitement.
The Lccompion constitution made by con-
vcntion duly elected according to the forms of law
by the people OF kulsas. under an act Of the Terri
torial Legislature for The purpose Of making a State
constitution. The Free State portion Of the people
took part in the elections 10 the cOnventon-on
the general ground that the Territorial Legislature
hal been lraudnlcntlv elected. and that its acts
therefore arc entirely null. They further insisted
tint tie acts Of the Legislature were partisan and
urgent n 10 deprive the Free State voters Of fair
chance al the polls.
Previous however. TO the call Of The convention
the Free State party, without any authorization by
law. or providing from any recognized public body
held a spontaneous convention of their own at To-
pcka and made constitution for State Govern
mcnt, and proceeded to elect officers and Lcgisla-
turc and member OF Congress hut it was not accept
ed. TheY'sOmemcs claim now that this Is the right
lul constitution and among the projects for resisting
the constitution is that of having that of Tope-
ka. and acting under its authority.
1t should be remembered that the call by the Ter
ritoral Legislature for the convention at Lccompton
was simply "a Territorial act. There was general
mistake current in the journals that the convention
was called under the authority Of an act Of Con-
gress. a bill was introduced for the purpose last
year, but ii did not pass The convention proceeded
from the authority OF the Territorial Legislature
alone.
II met, and after adjournment for some time, reas-
scmblcd and completed TIE constitution, which is
now the subject Of 80 much violent contention. 1t
has not been officially sent TO Congress, but has been
publishoda length. 1t is not to he sent until after
the VOTE which 10 be taken the 2lst, upon the
slavery section, 10 be mentioned presently.
The constitution is in the usual form OF the consti-
4utions of The States, varying in local particulars,
but not essentially. except in one particuar-that
which relates to slavery.
The question heretofore in dispute in the whole
Territorial controversy has been whether the new
State shall be free State ora slavehoding State
Under the Supreme Court decisions in the bred
Scott ease the question is whether the new constitu
tion should preserve and protect slavery, or abolish
and exclude II.
On this point the convention refused to decide
they made constitution in the usual forms. which
have been accepted in other States without question;
bul provided that the material and contested part
the slavery clanse-should be submitted TO the popu-
lar vote to be taken uuder the authority Of the con-
vention itself. on the 2Ist of December
The manner Of taking the vote is . for the con-
stituiion with slavery" or for the constitution
without slavery" The constitution is to be sent to
Congress with or without the slavery clause rs may
be decided by the vote on the 2ls inst, with an ap-
pcatIon for the admission Of Kansas, under il,
State ol the | Mon.
The grounds for the demand are, that the convcn-
ton WAS legally formed; thatt was legally chosen,
that lis acts have been all in conformity to law, ami
to precedent: that there was no legal obligation to
submit the whole constitution 10 popular decision,
when the point solely IN dspnte-the only material
point in the whole-i- fairly and squarey submitted.
To this is added the great public advantage OF taking
Kansas affairs entirely Out of the area OF Federal
contention, and remandng all these agitating con-
troyersi.s, finally. TO the local arena of a State
This method Of proceeding awakened at once n fl-
rIou, opposition. The Free State men renew their
determination To take no part in the voting on the
slavery clause Ii Is evident from the result OF the
recent elections that they could defeat the prosla
very clause, and make the constitution free state
one, If they would But they have determined not
to vote al all al the election on the list inst. They
will let the proslayery clause stand, by deault and
intend to resist the reception OF the constitution by
Congress and 10 oppose by force OF arms, II neces
sary, the establishment of any authority under it,
> within lhc State
They claim that Il is the right of the people of the
Territory TO decide upon all their Institutions ms all
solutcy as on that of slavery, and that the omission
to submit the whole constitution TO the popular vote
inyalidaes the whole force of the instrument and il
Il wrong to be resisted by revolutionary measures
They go behind the constitutions and object that the
convention did not represent the popular will truly
behind the convention, to affirm that the Territorial
authorities, who called the conventions were usurp,
crs In this cumulative way they justify resistance
70 thc constitution in all It's parts. The radical as