Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1857-12-17

iority IF the people OF state or territory
are ON enc side of a question, whist major
ity Of the representatives. from the several dls-
| tricts into which il is divided NAV be upon the
! ether side. This arises from the fact that in
ssme districts delegates may be elected by small
I rnaioriries, whilst in others those of different
+ sentiments may receive majoriries sufficiently
7 great not only 10 overcome the votes gwen Tor
/ the former, but to leave large majority oI
1 the whole people in direct opposition 30 q
majority of the delegates. Besides, sur mas
/ tory proves that influences may be orough' -
! bear on the representative sufficiently power
/ full to induce him to disregard the WIN "a n.'
constituents. The truth Is. that nc othe' ~
thentic and satisfactory mode exists Oh asee ti-
tanning the will of the majority OF tne peSp's
of apT State or Territory on an lmportan'
80 e,.;t;nc question like that of slavery IN
Kansas except by leaving ii 10 direct vote
/ How wise. then. was il for Congress to pass
arsr all subordinate and intermediate agen-
clos and proceed directly TO the source OF all
legitimate power under our institutions
| How vain would any other principle prove
1 IN praetice, This may be illustrated By the
case of Kansas Should she be admitted into
: the Unien, with constitution either mann
tanning or abolishing slavery, against the
| sentiment of the people, this could have no
other effect than to continue and 70 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 4 re-
cent occasion TO Sustain its wise provisions
+ before the great tribunal of the American
( people, never differed about its true meaning
( on this subject Everywhere throughout the
Union they publicly pledged their faith and
I their honor that they would cheerfuiiy submit
( the question of slavery to the decision Of the
bona fde 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 prIn-
ciple of our free institutions. Had 1t then
/ been insinuated from any quarter that II
would be sufficient compliance with the
requisitions for the organic law for thu mem
| bers of a convention, thereafter TO be elected,
I 10 withhold the question Of sl1very from the
people and 10 substitute their own will for
/ that of legally ascertained majority Of all
! their constituents, this would have been in
/ stantly rejected. Everywhere they remained
! true 70 the resolution adopted On celebrated
/ occasion recognizing ''the right of the people
! of all the Notwithstanding Kansas and
/ Nebraska acting through the legally and
/ fairly expressed will Of a majority Of actual
residents, and whenever the number Of their
4 inhabitants jusiifes il, to form constitution.
/ with or without slavery. and be admitted int
the Union upon terms Of perfect equality with
| the other States"
/ The convention 10 frame 4 constitution foI
Kansas met on the first Monday of Septem
| Der last They were called together by Eir
/ tue of an act Of the territorial legislature,
/ whose lawful existence had been recognized
/ by Congress in different forms and by differ
r II.
citizens of Kansas did not think proper to
register their names and vote at the election,
for delegates; bat an opportunity to do this
having been fairly afforded, their refusal 10
avail themselves Of their right could in no
manner affect the legality of the convention.
This convention proceeded to frame con
/ stitution for Kansas and finally adjourned on
| the 7th day of November. But little difficult
/ " occurred IN the convention, except on the
/ subject Of slavery. The truth is that the gen
eral provisions Of our recent State constitu-
/ tons are so similar-aDd, | may add, so ex-
/ cellent-that the difference between them is
| not essential. Under the earlier practice of
/ the Government no constitution framed by
/ the convention Of territory preparatory to
/ It's admission into the Union as State had
+ been submitted TO the people. trust, how
ever, the example set By the last Congress,
( requiring that the constitution Of Minnesota
q should be subject To the approval and rati-
I hcation of the people of the proposed State,
may be followed On future occasions. | took
/ it for granted that the convention Of Kansas
would act in accordance with this example,
/ founded, as it is. on correct principles and
( hence my instructions to Walker in favor Of
submitting the constitution TO the people,
were expressed in general and unqualified
4 terms.
In the Kansas Nebraska act, however,
this requirement, as applicable to the whole
constitution, had not been inserted, and the
! convention were not bound by its terms to
/ submit any other portion Of the instrument
/ to an election, except that which relates 10
/ the domestic institution Of slavery This
will bt rendered clear by simple reference
/ to its language. IL was mot tO legislate
slavery into any Territory or State, nor to
exclude 1t theTe!rOn, bnt To Leave the people
| thereof perfectly free 10 form and regulate
+. their domestic institutions ia their own gay'
! According to plain construction Of the
sentence the words domestic institutions
have direct as they have an appropriate
| reference 10 slavery. Domestic institutions'
/ are limited to the family The relation be-
ween master and slave and few others
are domestic institutions and are entirely
/ distinct from institutions of a political char.
acter. Besides, there was no question then
/ before Congress, nor indeed has there
since been any serious question before the
1 people of Kansas or the country, except
! that which relates TO the domestic institu-
/ ton of slavery.
The convention, after an angry debate,
finally determined, by a majority of only two,
70 submit the question Of slavery TO the peo,
pie, though at the last forty three of the fifty
delegates present affixed their signatures TO
the constitution
A large majority of the convention were
in favor of establishing slavery in Kansas
They accordingly inserted an article in the
constitution for this purpose similar in form
to those which had been adopted by other