Weekly flag of the Union. (Jackson, Miss.) 185?-18??, 1857-12-23
: .l.,,.,v = aid thew intend I.

themselves should declue TINS duessiV' y
direct vote On this subject confess hat
never entertained serious doubt, and ere
fore. in my instructions to Gov. Walker th'
29th March last. merely said, that who Z
constitution shall be submitted to the p L
of the territory, they must be protected T
the exercise of their right of voting toii p
against that instrument, and the fair exrxs
sion of the popular will must not be interlsp
ted by fraud or violence.
In expressing this opinion it was far from
my intention to interfere with the decision o
the people of Kansas, either for or against sla
very. From this I have always carefully alb
stained Entrusted 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 re
quired by the organic act whether for or against
slavery and in this manner smooth theil
passage into the Union. In emerging from
the condition of territorial dependence into
that of 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. In
deed, this was the only possible mode in
which their will could be automatically ascer'
tanned
The election of delegates to a convention
must necessarily take place in separate dis
tricts. From this cause it may readily hap
pen, as has often been the case. that a ma
jority of the people of State or Territory
are on one side of question, whilst MAORI
ty of the representatives from the several
districts into which it is divided may be upon
the other side This arises from tue fact that
in some districts delegates may be elected by
small majorities, whilst in others those of diff
ferent. sentiments may receive majOrities sui
fciently great not only to overcome the votes
given for the former, but to leave large ma
jority of the whole people in direct opposition
to majority of the delegates. Besides our
history proves that influence may be brought
to bear on the representative sufficiently pow
erful to induce him to disregard the will of
his constituents The truth is, that no other
authentic and satisfactory mode exists of as
certaining the viii of majority of the peo-
pie of any State or Territory on an important
exciting question like that of slavery in Kan
sas, except by leaving it to direct vote. How
wise, then, was it for Congress to pass over all
subordinate and intermediate agencies and
proceed directly to the source of all Legitimate
power under our institution.
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 a constitution either main
tanning or abolishing slavery, against the sen
timent of the people, this could have no 9TH
er effect than to continue and to exasperate
the exciting agitation during the brief period
required to make the constitution conform to
the irresistible will of the majority.
The friends and supporters of the Nebras
ka and Kansas act, when struggling on re-
cent occasion to sustain its wise provisions be-
fore the great tribunal of the American peo-
pie, 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 fide people of Kansas, without any re-
striction or qualification whatever. All were
cordially united upon the great doctrine of
popular sovereignty, which is the vital princi-
pie of our free institutions. Had itthen been
Infatuated from any quarter that it would be
aGufficient compliance with the acquisitions of
the organic law, for the members of cOnven.
Ton, thereafter to be elected, to withhold the |
question of slavery from the people, and 10 |
substitute their own VIII slaa4-ef iega&Y
Ascertained majority Of all their constituen3,
this would have been instantly rejected. E9e-
rywhere they remained true to the resolution
adopted on a celebrated occasion recognizing
'qhe right of the people of all the territories
including Kansas and Misunderstanding
through the legally and fairly-expressed will
of majority Of actual residents, and when
ever the number of their inhabitants justified
it to form constitution, with or without sla-
very, and be admitted into the Union upon
terms of perfect equality with the otner
States.
The convention to frame a constitution for |
Kansas met on the first Monday of September |
last-They were called together by virtue of
an act of the territorial Legislature, whose
lawful existence had been recognized by Con-
gress in different forms and by different en-
A large proportion Of the citizens
of Kansas did not think proper to register
their names and to vote at the election for
delegates; but an opportunity to do this have
of their right, could in no manner
affect the legality of the convention.
The convention proceeded to frame con-
stitution for Kansas, and finally adjourned on
the 9TH day of November. But little diff
Guilty occurred in the convention, except onthe
subject of slavery. The truth is that the
general provisions Of our recent State consti-
tuition are so similar-and, | may add, SO ex-
the difference between them is
not essential Under the earlier practice of
the Government, no constitution framed by
the convention of Territory preparatory TO
its admission into the Union as a State had
been submitted to the people. trust how
ever, the example set by the act Of Congress,
requiring that the Constitution of Minnesota
should be subject to the approval and ratifi-
,ation" of the people of the proposed State, .
nay be followed on future occasion. [ took
t for granted that the convention of Kansas
would act in accordance with this example,
ounded, as it is, on correct principles; and
fence my instructions to Gov. Walker, in IA
or of submitting the constitution to the PEG
,ie, were expressed in general and unqualified
erms.
In the Kansas Nebraska act, however, this
as applicable to the whole Con-
titution, had not been inserted, and the con-
rention were not bound by its terms to submit
ny other portion of the instrument, to any
ecision, except that which relates to the /
domestic institution of slavery. This will
e rendered clear by simple reference to its {
anguage. 1t was mot to legislate slavery
nto any Territory or State, nor to exclude it t
herefrom, but to leave the people thereof
erfectly free to form and regulate their do
nestle institutions in their own way" Aecor- :
ing to the plain construction of the sentence, {
he words I" domestic institutions" have a t