Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-12-14

between the United States aud that State, as
| amended by the Senate, the signature Of
which was mentioned in the message IF my
| predecessor, to Congress ut the opening of lis
! session 10 December, 1855. The reason as
I signed for this refusal will appear in the cor
respoBdence herewith submitted.
It being desirable to ascertain the fitness of
| the river La Plata and its tributaries for nav
CATION by steam, the United States steamer
| Water Witch was sent thither for that pur
pose in 1853. This enterprise was successful
ly carried on until February, 1856, when,
whilst in the peaceful prosecution OF her voy-
| age up the Parans river, the steamer was hr-
ed upon f on a Pareguayau fort. The fire was
| returned, bur. as the Water Witch was OF
small force, and not designed for offensive OPP
| eratiOns she retired from the conflict. The
pre- upon " hich the attack was made was
decree Of the President of Paraguay of De-
tober, 1854, prohibiting foreign vessels of war
| from navigating the rivers Of that State. As
Paraguay, however, was the owner of bnt one
! bank If HI. river of that name, the other be
| lo' ging TO Corrientes, a State of the Argen-
! tine Confederation, the right of its govern
| meUt 10 expect that such a decree would be
| obeyed cannot be acknowledged. But the Wa
! Ter witch was not, properly speaking, a vessel
! II war. She y a. small steamer engaged IN
| q scientific enterprise intended for the adyan-
/ tag7 OF commercial States gener lily. Under
| these circumstances, | am constrained TO con-
sId~r the attack upon her as unjuS'ltiabIe, and
rs calling Dissatisfaction from the Paraguayan
| Government.
Citiz Of the Ucited Stat =, also, who were
established in BUSINESS in Paraguay, have bad
their property seiz j and taken from t1tm. and
nave Otherwise bern treated by the authorti. IN
al Insulting and ar0itrsry manner, which requires
redr-ss.
A demlud for these purposes will be made in a
firm but concililt5ry spirit. This will De the more
probably granted if the Executive shll have au-
thofIty to use other means in the event of reiu4
sal This Is accordingly recommended.
l. Is unuec essaTy to state in tail the alarming
concitOn OF the territory of K nsas at the time Of
my inauguration The opposing parties then stood
in hostile array against Oh other, and any acci-
lent mi hit have T lighted the flames OF civil war.
sides, at this critical moment, Ks was LETT
without governor by the reIsnatiou of Govern
or Gearv
On the 18th of February previous, the Ter
ritOrial Legislature had passed a law providing
for the election of delegates on the Sd Monday
of June, to a Convention to meet on the LIST
Monday of September, for the purpose Of fra
ming a constitution, preparatory to admission
into the Union. This law was, in the main.
fair and just and it is to be regretted that all
the qualified electors had not registered them
selves and voted under its provisions.
At the time of the election for delegates, an
extensive organization existed in the Terrific
ry, whose avowed object it was, if need be, to
put down the lawful government by force, and
to establish a government of their own under
the sO-called Topeka Constitution. The per-
sons attached to this revolutionary organza-
ton abstained from taking any part in the cleo
ton.
The act of the territorial legislature had O.
mitted to provide for submitting to the people
the constitution which might be framed by the
convention; and in the excited state of public
feeling throughout Kansas apprehension ex
tensively prevailed that design existed to force
upon them constitution in relation to slavery
against their will. In this emergency it became
my duty, as it was my unquestIOuuble right, hay
ing in view the union Of all good citizens in sup
port of the territorial laws, to express an Opin-
ion on the true construction of the provisions
concerning slavery contained in the organic act
of tie Both May. 1854. Congress declared 1t ia
bs the true inthnt and meaning of this act not
to legslate slavery into any Territory or State,
nor to exclude it theTetrOm. but to leave thelpeO-
pie thereof perfectly free TO form and regulate
their domestic institutions in their own way
Under it Kansas when admitted a State,
was to ''be received into the Union with or with
out slavery, as their constitution may prescribe
at the time of their admission"
Did Congress mean by this language that the
delegates elected to frame a constitution should
have authority finally tOTdecide the question OF
slavery, or did they intend by leaving 1t to the
should decide this question by direct vote! On
this subject ! confess l had never entertained a
serious doubt, and therefore, in my instructions
to Gov. Walker, of the 26th March last,H merely
sa d that when constitution shall be submitted
to the people of the Territory they must be pro-
tected III the exercise of their right of voting for
or against that instrument and the fair express
sion of the popular will must not be interrupted
by fraud or violence"
In expressing tins opinion it far from my
inf tk. of
Pile of Kansas, either for against slavery. From
this ! have always carefully abstained Iutrusted
with the duty of taking ''care that the laws b.
faithfully executed" me Only desire WAS that
the people of Kansas 81 ould furnish to Con-
gross the evi fence required by the organic act,
whether Tor or against slavery; and iE this manner
smooth their usage Into the Union. In merging
from the condition of territorial dependence in to
that of sovereign States, il their duty in ny
opinion; to make known their will by the votes Of
the mi ority, on the direct question whether this
important domestic Institution should shoali not
contiuue 10 exist Indie d, this the only pos
sibie mode in which their will coult be authenti-
c l.y ascertained.
The election OF delegates to a convention must
necessarily take place in parate districts. From
this cause It may readily happen, has often been
the case, that majority OF the people OF a State
@ Territory on side of a question whilst
majority of the representatives from the several
districts, into which il is divided may be upon the
OIheF sue. MS arises from tue TACT that
districts delegates may he elected by small maiori-
lies whilst in others those of different sentiments
may receive majorites sufficiently great not only
to overcome the votes given for the former, but TO
leave large majority Of the whole people in d.
rect opposition 20 majority OF the delegates
sides, our history proves that influences NAV be
brought TO bear on the representative sufficiently
powerful to induce him TO disregard the will OF bis
constituents
The truth Is, that no other authentic and
satisfactory mode exists of ascertainng the
will of Il majority Of the people of any State or
Territory on an important and exciting oues-
ton like that Of slavery IN Kansas, except by
leaving it to the direct vote. How wise then.
for O1ugress TO pass over all subordinate and
Intermediate agencies, aud proceed directly to
the sosrce Of all legitimate power under our
institutions!
How vain would any other principle prove
in practice. This may be illus rated by the
case of Kansas. Should she be admitted into
the Union with constitution either main
tanning or abOlishing slavery, against the SEN
tirnent Of the people, this could have no other
effect than TO continue and TO exasperate the
exciting agitation during the brief period re-
quired 70 make the constitution conform TO
The irresistible will Of the mai ,rity.
The friends and supporters Of the Nebraska
and Kansas act, when struggling on recent oc-
casion 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 aud their honor that they
would cheeriully submit the question Of slavery
to the decision OF the bona fde people OF Kan
sas, without any restriction qualification what
ever. Ali were cordially united upon the great
a snafE ff lar "a.