The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1857-12-16

EhIu the VIII Ol MS constituents. The
truth il, that no authentic and satisfactory
mode exists OF ascer,aining the wiil Of n
majority of the people of any State or Ter
ritory on an mRortant and exciting question
like that of slavery in Kansas except by
leaving it to direct vote. How wise, then,
was il for Congress, TO pass over oil the
subordinate and intermediate agencies, and
proceed directly to the source of all legiti
mate pop or under our institutions
How vain would any other principle
prove in practice. This may be illustrated
by the case of Kansas. Should she bc ad-
mittec ipto the Union, with n constitution
either maintaining or ahoiishing slavery,
against the sentiment of the people, this
could have no other effect than TO continue
and to eSasperntc the existing agitation dur
ing the brief period required to make the
constitution conform 10 The Irresistible will
Of the majority.
The friends and supporters of the Nc.
braska and Kansas act, when struggling on
n reccn; occasion to sustain its wise provis
ions bcinre the great tribunal of the Amer
lean people, never differed about its true
meaning on this subject. Everywhere
throughout the Union, they publicly pied
gcd their faith and their honor, that they
would cheerfuily submit the question of
slavery to the decision of the bona tide peo-
pic of Kansas, without any restriction or
qualification Whatever. All were cordially
united upon the great dnctGine If popular
sovereignty, which is the vital principle of
our .rcc institutions. Had it then been in.
sinuatcd from any quarter, that it would bc
n sufficient compliance with the acquisitions
of the organic law for the members of II
convention, thereafter To bc elected, To " ith-
! h,l hn ,f 81. H.
pie, and To substitute their own will for
that of a legally .ascertained majority of all
their constituents, this would have been in.
stanrlv rejected Every where they remain.
cd true to the resolution adopted on n cele-
brated occasion, recognizing "tle right of
the people Of all the Territorics-iucludinp
Kansas and Misunderstanding through the
legally and fairly expressed will of n ma.
! jorily Of nc ual residents, and whenever the
number Of their inhabitants ju>tites II, TO
| form constitution, with or without slavery
and be admitted into the Union upon terms
of perfect equality with the other States"
| The convention To frame constitution
| for Kansas, met on the first Morday Of Sep.
:embcr last. They were called together by
virtue of m act Of the territorial lrgisa
turc, wmoso lawful existence huG been rec
ogniSed by Congress in dificreEi forms and
10y different enactments. A Lsgc proper
ton Of the citizens OF Kansas did act think
proper 10 register their nanes and TO vote
nj !hc election for Delegates but an nppor-
iurty 10 10 this h"' i6g been iiTEy afford
cd, their refusal 10 avail themselves Of their
right, could in no manner affect the legality
Of the convention.
This convention pro ccedcd 10 frame n
constitution for Kansas, and finally adjourn.
cd on the 7th day of November But lit
tie difficulty occurred in the convention, ex.
ccIt on ihc subject Of slavery. The truth
IL that the general provisions of our reccn,
State constitutions are SO similar-nni, |
may add, 20 excellent, that the difference
between thcm is not essential. Unuer tho
earlier practice of the government, no con.
st'ullon framed by the convention of Ter.
rit"ry preparatory to it's admission into the
Union as II State had been submitted To the
people. ! trust, however, the example set
by the last Congress, requiring that the
constitution of Minnesota should b. sub
Jcct Ia the approval and ratification Of the
people Of the proposed Stale" may be fol
lowed 90 future occasions. | took ii for
granted that the convention OF Kansas
would act III accordance with this example
founded, as II Is, on correct principles aud
hence my Instructions to Governor Walker
IN favor ot submitting the constitution TO
The people, were expressed in general and
uhquaiiled terms.
la the Kansas. Nebraska net however,
this requirement, rs applicable 10 the whole
constitution, had not been inserted, and the
convention were not bound by its terms TO
submit any other portion of the instrument
In an election, except that which relates To
the domestic institution al slavery. This
viii be rendered clear by a simple reference
10 It's language. IL was "not to lcgis!aie
slavery iuto any Territory or State, nor 10
exclude it thcrcfrom, but to leave the pco.
pie thereof perfectly free 10 form and regu.
la;e their domestic Institutions in their own
way. According 10 the plain construc.
lions OF The sentence, the words "domestic
institution" have n direct, AS tley have an
appropriate reference To slavery. "Domcs.
tic institutions" arc limited To the family
lhe relation between nIastcr and slave aud
n few others are domestic institutions"
and are entirely distinct from lns,itutiuns
OF political character Besides, there was
no question then before Congress, nor in.
deed has there sine. been any serious ques.
Ton before the people of Kansas or the
country, except that which relates 20 the
domestic institution" Of slavery.
hC CouHthuon, aItcr an rNClted ana ans
CRY debate, finally determined, by mnjori-
ty OF Only two, To submit the question Of
slavery to the people, though at the last,
ior'y-lhrce OF the fifty delegates present
aihxed their signatures to the constitution
large majority of the convention we're
IN favor OF establishing slavery in Kansas
They accordingly inserted IN article in the
constitution for this purpose similar in form
To those Which had been adopted by other
territorial conventions. In the chedule,
ho"eye providing for he transition from
II territorial To uue sss.te government. the
question has been fairly and explicitly re-
ierred 10 the people, whether they will hav.
n constitution "wiIh or without Slavery
IL declares that, before the constitution
adopted by the convention "shal be sent
TO Congress for admission into the Union
as State" an election shall be held To de.
eide this question, NJ which nil the white
male inhabitants Of the Territory above the
age OF II are entitled to vote They are
to vote by ballot; and she ballots cast n,
said election shall BE- endorsed Goa stilution
with slavery and constitution with no
slavery" " If there be majority in favor