The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1857-12-26

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II more probably bsgrandsed 4 ths Exssa-
tive shall have authority e sss other mean
j in the event Of rsfnsGl. This = accord.
II kAxaAa. j q q sslss
! alarming condition Of the Territory Of Kan.
! opposing parties then stood in hostile sffey
hays rsligbtsd The flames OF civil war. h.
il left without Governor BY The fssignstivn
i Of Gov. Gsary. s y.sf9a f
/ On ths l9th of February previous, ths
| Territorial Lsgislaturs had passed law
il providing for tie election Of delegates on
i the third Monday Of June to . convention
TO meet on the 6rst Monday Of Septsnbss,
for the purpose of frominx Ceeetitutiou,
preparatory to admission into the Union
This Law was, in the main, fair and just; and
4 it is to be regretted that all the qualified
electors had NOT registered thenselvse, aad
i voted under its pfovisions.
At the time Of the election for delegates,
On extensive organisation existed IN the
i Territory. whose avowed object it was, IL
need be, to put down the lawful government
/ BY foroe, and to establish . government of
! their own under the so-called Topeka Con-
4 stitution. 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 Consultation which might be
framed BY the Convention, and in the excit-
ed state Of public feeling throughout Kan.
Gas IN apprehension extensively prevailed
that design existed to force upon them Q
constitution in relation to slavery against
their will. In this emergency, It became
my duty, - it was my unquestionabls right,
having in view the union Of al good citizens
in support Of the territorial laws, to express
| an opinion ON the true. construction Of the
provision concerning slavery contained in
the Organic Act Of Congress of the 3Oth
May, 1854. t-.,.o. -. =. ,...., 49,.
Congress declared It to be ssthe true in
tent and meaning Of this act mot to legislate
slavery into any Territory or State, nor TO
exclude it thersfrom, but to leave the peo-.
pie thcrefrom perfectly free to form and
regulate their domestic institutions in their
own way" Under it Kansas, awhen ad-
mitted ~ State, - was to ssbe received into
the Union," with or without slavery, a. their
Constitution may prescribe At the time Of
their admission. -'''f go
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 themselves should decide this ques-
tiOn by direct vote2 On this subject, l
confess had never entertained serious
doubt, and, therefore, in my instructions to
Governor Walker ON the 2Sth of March last,
merely said that when SO constitution
shall be submitted to the people of that ter
rit0ry, they must be protected in tho exer.
else 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 violence" .....-....
In expressing this 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. In trusted with the duty of taking
Scare that the laws be faithfully executed .
my only desire was that the people of Kansas
should furnish to Congress the evidence re-
quired 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 territorial dependence
into that of q sovereign State, it was their
duty, in my opinion, to make known their
will by the votes Of the majority, on the d. \
rect question whether this important domes-
tic institution should or should not continue
to exist. Indeed, this was the only possible
mode in which their will could be authenti-
cally asceftained. ~ va
The election of delegates to q convention
must necessarily take place in separate dis
tricts. From this cause it may readily hap
pen as has often been the case, that . ma
jority Of the people Of State or Territory
are on one side Of question, whilst ma
jority of the representatives from the sever
al districts into which it is divided may be
upon the other side. This arises from the
fact that in some districts delegates may be
be elected by small majorities, whilst in 9TH
or those Of different sentiments may receive
majorities sufficiently great not only to over
come the votes given for the former, but to
leaves majority of the whole people in di-
rect opposition to = majority Of the dele
gates. Besides, our history proves that in
6uence may be brought to bear on the repre-
sentative sufficiently powerful to induce him
to disregard the will Of his constituents
The truth 10, that no other authentic and
satisfactory mode exists Of ascertaining the
will Of the people Of any State or Territory
on an important and exciting question like
that Of slavery in Kansas, except leaving it
to direct vote. How wise was it then for
Congress to pass over all subordinate and
intermediate agencies, and proceed directly
to the source Of oil legitimate power under
our institutions.
How vain would any other principle prove
in practice! This may be illustrated BY the
case Of Kansas. Should she be admitted in
to the Union, with constitution either
maintaining or abolishing slavery, against
the sentiment Of the people, this could have
no other effect than to continue and to ex-
asperate the existing agitation during the
brief period required to mako the constitu.
tion conform to the irresistible will Of the
majority. '.'% sN
The friends and supporters Of the Nebras-
ka and Kansas act, when struggling on .
recent occasion to sustain its wise provis-
ions before the great tribunal Of the Ameri-
can 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 6de people Of Kan
sas, without any restriction or qualification
whatever. All were cordially united upon
the great doctrine Of popular sovereignty,
which 10 the vital principle of our free in.
stitations. Had il then been Infatuated