Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1857-12-17

tent aud meaning of this act, not to
legislate slavery into Territory or State,
nor to exclude it therefrom, but to leave
the people thereof perfectly free to
form and regulate their domestic insti-
buttons in their own way" Under it,
Kansas, "when admitted as a State" was
to ''be received into the Union, with or
without slavery, as their constitution
may prescribe at the time of their ad-
mission"
Did Congress mean by this language
that the delegates elected to frame a
constitution should have authority fl
nally to decide the question of slavery,
or did they intend by leaving it to the
people, that the people of Kansas them
selves should decide this question by "a
direct vote? On this subject I confess
[ had never entertained a serious doubt,
and, therefore, in my instructions to
Governor Walker, of the 2Sth of March
last, l merely said that wh.n "a consti-
tuition shall be submitted to the people
of the Territory, they must be protect
ed in the exercise of their right of vot-
ing for or against that instrument, and
the fair expression of the popular will
mu : not be interrupted by fraud or vi
~olence."
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 l
have always carefully .abstained. In
trusted with the duty of taking 'care
that the laws be faithfully executed"
my only desire was that the people of
Kansas should furnish to Congress the
evidence required by the organic act,
whether for or against slavery; and in
this manner smooth its passage into the
Union. In emerging from the condi-
ton of territorial 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 continue to exist. Indeed, this was
the only possible mode i'll which their
will could be automatically asccrtained.
The election of delegates to a convcn-
ton must necessarily take place in sepa-
rate districts. From this cause it may
readily happen, as has often been the
case, that a majority of the people of a
SIulS VI 1CItltOIJ dIC Ou OlC SiuC VI a
question, while a 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 delegates may be
elected by small majorities, while in
others those of different sentiments may
receive majorities sufficiently great not
only to overcome the votes given for the
former, but to leave a large majority of
the whole people in direct opposition to
a majority of the delegates. Besides,
our history proves that influences may
be brought to bear on tina representa-
tive sufficiently powerful to induce him
to disregard the will of his constituents.
The truth is, that no authentic and sat
factory mode exists of ascertaining the
will of the majority of the people OF
/ any State or Territory on an important
f and exciting question like that Of sla-
very in Kansas, except by leaving it to
f a direct vote. How wise, then, was it
for Congress to pass over all subordi-
r nate and intermediate agencies, and pro-
coed directly to the source of all legiti.
mate power under our institutions.
t How vain would any other principle
!, prove in practice! This may be illus.
I trated by the case of Kansas. Should
| constitution either maintaining or abol.
ishing slavery, against the sentiments
of the people, this could have no other
effect than to continue and to exasper
ate the exciting agitation during the
bri f period required to make the cen
a stitution conform to the irresistible vii
of the majority.
The friends and supports of the Ne
: braska and Kansas Act, when struggling
on n recent occasion to sustain its wisC
provisions before the great tribunal o
the American people, never differed
about its true meaning on this subject
Everywhere throughout the Union they
C publicly pledged their faith and theil
+. honor, that they would cheerfully sub
nit the question of slavery to the dcci
o SIGN of the bona tide people of Kansas
: without any restrictions or qualification
whatever. All we're cordially uuitet
upon the great doctrine of popular sove
reignty, which is the vital principle O.
our free institutions. Had it then beer
: insinuated from any quarter that
would be a sufficient compliance with
the acquisitions of the organic law fo
e the members of a convention, thercaf
ter to be elected, to withhold the ques
t ton of slavery from the people, and tt
substitute their own will for that of
egally-ascertained majority of all thei
constituents, this would have been in
a stantly rejected. Everywhere they re
manned true to the resolution adopted
0 on a celebrated occasion recognizin:
: 'the right of the people of all the terri
tories-including Kansas and Nebras
o ka-acting through the legally and fair
v ly expressed will of a majority of actua
residents, and, whenever the number o
their Inhabitants justifies it, to form
S constitution, with or without slavery
and be admitted into the Union upOr
terms of perfect equality with the Other
States"
t The convention to frame a constitu
: ton for Kansas, met on the first Mon
day of September last. They were call
+ ed together by virtue of an act of tn
= Territorial Legislature, whose lawful ex
%istence had been recognized by Con
Y gress in different forms and by differen
enactments. a large proportion of thu