The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-12-24

which their will could be automatically as
certaiDel.
The election Of delegates to convention
must necessarily take place in separate dis
tricn. From this cause ii may readily hap
pen, as has often been the case that the ma
jorrty Of the people Of State or Territory
are on one side Of question, whilst ma.
Jority OF the representatives from the seye-
raj districts into which it is divided may be
on The other side. This arises from the fact
that in some districts delegates may be
elected by small majorities, whilst in Others,
those OF different sentiments may receive ma
jorities sufficiently great not only to over
come the votes given for the former, bat TO
leave a majority Of the whole people in IL.
rect opposition to majority Of the dele
gates. Besides our history proves that in
fluences may be brought to bear on the rep
resentative sufficiently powerful to induce
him to disregard the win Of his constituents.
The truth is, that no other authentic and
satisfactory mode exists Of asceriaining the
will Of majority Of the people of any State
or Territory on an important and exciting
question like that Of slavery in Kansas, ex.
cept by leaving il 10 a direct vote. How
vie, then, was it for Congress to pass over
all subordinate and intermediate agencies,
and proceed directly to the source Of all L.
climate power under our institutions.
How vain would any other principle
prove in practice This may be lllustrat-
cd by the case Of Kansas. Should she he
admitted into the Union, with a constitu-
ton either maintaining or abolishing slavery
against the sentiment Of the people, this
could have no other effect than TO continue
ard to exasperate the existing agitation
during the brief period required 10 make
the constitution conform to the irresistible
will Of the majority.
The friends and supporters of the Ne
braska and \ ansas act when struggling on
q recent occasion to sustain its wise proyi-
sions before the great tribunal of the Amer
lean people, never differed about its true
meaning on this subject. Everywhere
throughout the Union they publicly pledg-
I'd their faith and their honor that they
would cheerfully submit the question Of
slavery to the decision OF the bona fde
people Of Kansas, without any restriction
or qualification whatever. All were cor
daily united upon the great doctrine of
popular sovereignty, which is the vital prin-
ciple of our free institutions. Had it then
been insinuated from any quarter that it
would be sufficient compliance with the
acquisitions Of the organic law for the men,
bers Of convention, thereafter TO be elect
ell, to withhold the question OF slavery from
the people, and TO substitute their own will
for that OF u legally ascertained majority of
all their constituents this would have been
instantly rejected
Everywhere they remained true to the
resolution adopted on celebrated occasion
recognizing the right Of the people of all
the Territories, including Kansas and Ne.
braska, acting throu h the legally and
fairly expressed will OF majority of actual
residents, and whenever the number OF their
inhabitants justiiies it, to form Constitu-
tion with or without Slavery, and be ad-
mlttod into the Union upon terms of per
feet equality with the other States"
The Convention to frame Constitution
for Kansas met on the first Monday of
September last. They were called to
gether by virtue of an act of the Terrific
rial Legislature whose lawful existence had
been recognized by Congress in different
forms and by different enactments. a large
proportion Of the citizens Of Kansas did not
think proper 10 register their names and 10
vote at the election Of Delegates but an
opportunity TO do this having been fairly
afforded, their refusal to avail themselves Of
their right could in no manner ailec, the
legality Of the Convention.
This Convention proceeded to frame a
Constitution for Kansas. and finally adjourn
ed on the eth day Of November. But lit.
tie difficulty occurred in the Convention, ex-
cept on the subject Of slavery The truth
IL, that thu general provisions of our recent
State Constitutions are so similar--and
might adj 80 excellent-that the difference
between them is not essential.
Under the earlier practice of the govern
ment, no Constitution framed by the Con.
ven,Ion OF Territory preparatory TO its
admission into the Union az State, had
been submitted to the people. trust. how
ever, the example set by the last Congress,
requiring that The Constitution of Minnesota
" should be subject to the approval and rat
ifcation 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 princi-
pies; and hence my Instructions to Governor
Walker in favor of submitting the Consti-
tuition to the people were expressed in gen
eral and unqualified terms.
In the kansas- y ebraska 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 TO
the domestic nstltation" Of slavery. This
viii he rendercd clear by simple reference
10 It's language.
II WAS mot a. legislate slavery into any
Territory or state nor to exclude il there
from, hut to leave the people thereof per
iectly free Ia form and Regulate their do.
mestic institutions IN their own way ''-