The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-03

Union, and that neithst Congress- nor the Peo-
pie of Territory nor the Legislature thereof
This opinion, WHICH cut up by the roots the
Northern Democratic interpretation of the
Principle of Popular Sovereignty, on which
Mr.. Buchanan was q scted, was Immediately
embraced by him as decision, (which it was
not,) and, in his Letter to Professor Silliman
and others, he boldly ,scogpSsed h as funda-
mental constitutional Principle, which he had
never doubted. 1t wa asstaangs spectacle, if
any inconsistency car be deemsd strange in
the so-called Norther Democracy, to see it
forthwith abandoning Is liberal Interpretation
of Popular Sovereign /, swearing by the bred
Scott decision, denoun ing rs opponents as ia.
natical devotees to the higher law, aud thence,
forth maintaining the Southern doctrine, that
it is only sohen the PEI pie of a Territory come
to form a State Con stitutian, taat they have
the right to interfere 9TH Slavery. How fifty
thousand People, LIVING in cer,ain Territory,
carrying on all the operations IF sefgovern.
ment, should have no sight 20 exclude Slavery
during fve ten or fifte en- yesrs hst, on the first
day of the sixth, e~enth, or slxteenth year,
coming together in Coavendon to agree
upon the plan of S ate Const SUTTON, should
instantly acquire that light, is ore Of the mys-
teries of the transient entail Democracy, which
it IS not given to the Vulgar to understand.
What can the Slav, Power demand which
the Party assuming he title Democratic"
will not concede? 1t once throp yhopt the free
States maintained tina Slavery an exist only
by positive law: nov it holds hat it exists
everywhere, in terrific, of tie U ion, like any
other property right, thout posi- i've law, under
the sanction of the Coz stitut ion. Once it main.
tanned the right of Co. gress to pr ohibit Slavery
in all Federal Terri Dry: now it denies it.
Once, it maintained t at tie Territorial Leg
islature might prohibits Slavery: hpw, it upholds
the opinion of major ty of The s 2preme Court,
that no Territorial Legislature can interfere
with it. Its path has oeen q downward one
steadily downward, un1 Ter the dictation of Sla-
very.
But, it was permitted still to maintain that
the People of a Territ Dry, In forming State
Constitution, are then invested with power to
regulate the whole 10 .tter--exclade or estab
lish Slavery. This is ;he real Popular Sover-
eighty, argued the R. chmond Enquirer: this
is the fundamental pr aciple of MON between
Northern and Southern Demos rats: this is
the great constitutional Principle on which the
National Democracy an stand, rd whose ap-
plication will prove t g peaceab solution of
the vexed question of slavery.
Northern Democratic believed bis-and Mr..
Buchanan thought b, might s,fely venture
upon the work of settling the K, nsas troubles
by the application of this great constitutional
principle. 1t was time to sdopt some efficient
course. Civil war was immine, t, and it was
necessary to persuade the People of Kansas
that their right to determine thei domestic in
stitutions in forming State Consi tuition, should
be sacredly protected, Mr.. Walk, r, Southern
man, was chosen as Pacifcstor, and received
his instructions, whicl, set forth lis great con-
stitutional, National Democrat, Principle of
Paci6cation, as follovs:
"The regular Leg stature of .he Territory
having authorized tbs, assembling of a Conven-
ton to frame Const tutiop, to accepted or
rejected By Congress ,nder the DIVISION of the
Federal Constitution, ;he people Kansas have
the right to be protected In the peaceful cleo
tion of delegates for s,ich pu-pc ie, under such
authority, and the Convention its If has a right
to similar protection IL the eppor antv for tran
quill and undisturbed elaboration When such
a Constitution shall Il submitted to The neople
&c scss0--T s---t--.,--.>-L..s. s..y.l e. IL
that instrument, and she fir err iessson of the
popular ,oiH must NOT be ipterrnl led 5y fraud
or Oi0lence'
The declared policy of the President, then,
was, to have the Constitution, canned by the
Convention, submitted to the People the
'chole Constitution to the phole Pr ople-and all
fraud and violence we're to be pE5vented. Gov.
Walkers speeches we're in exa,t accordance
with the Instructions. He had 40 power, he
said, over the Convention; !, but in his iudg-
rnent- and in that of the President. the Consti
tuition to be framed by its action ,Ibould be sub
United to fair and full vote of II the actual
residents in the Territory OF the ii me Of the SUBJ
mission. He had no doubt tn, Convention
would pursue that course. If did not, he
would join the People /" in Lawful opposition y
to its action. To this policy, t,t repeatedly
pledged himself and the Presid; ut, who was
slready committed to it by his in, huctions.
About the same time, the Wssh:n ton Union,
understood to speak the sentiment, of the Ad.
rninistration, insisted upon the & ,me policy.
July 7th it wrote:
We repeat, that the Constitutio, of Kansas
must come from the people of Kan as. Other
power to make such an instruments ,ere is none
under Heaven.
But the Georgia Convention. Without de-
Ryipg this great principle, seems 4 think that
the Constitution of Kassas ought nc to be sub.
mitted to direct vote Of the PFC Die IN their
primary capacity. Ws admit that Ihis is not
IA all cases q sine qua non. 1t "a a fair pre-
sumption (if there be no circumstI, ce to repel
~ that Convention of delegates chosen by
the people will act in accordance y tn the will
% their constituents. When, Their, fore, there
is no serious dispute upon the C institution.
either IN the Convention or among, he people,
tae power of the delegates alone M, put it In
operation. But such IS not the case N Kansas
The most violent struggle this Ct intry ever
saw, upon the most important issu, which the
Constitution is to determine, has be, going on
kaere for several years between part IS so even.
y balanced, that both claim the m, fority, and
50 hostile TO one another that nun irous lives
cave beeno lost in the contest. ! Ider these
Circumstances, there caa be no sac thing as
ascertaining clearly ana tcshout do BIT the uciu
of tie people IN any sOay, except b. their o,on
direct oppression Of at the polls, A Consti-
fttion not subjected to TINT test, no T. alter sohat
q contains, tciU neUer he GcknoaoL,c ned 6v its
opponents to be anything but a .fraxc. plau.
s1oie color might be given to this Assertion by
0e argument that the members OF the Con.
Sention could have no motive for refusing to
submit their work to their ccnstitu snts. except