The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-09

gates the third Monday Of june TO convention 70
meet on the first Monday OF September for the purpose
of framing Constitution preparatory TO admission into
the Union. This law in the main fair and Just ana
it TO be regretted that all the qualified electors had not
registered themselves and voted under is provisions
Atthe tneof the election for delegates, an extensive
organizations existed IN tho Territory whose ayowed OBJ
jec was If need be- TO put down the lawful govern
ment by force, and to establish government OF Their
own under the so-called Topeka constitution The per-
attached TO this revolutionary organization abstaned
from taking any part in the election. 81 r.-.a.
The act of the territorial Legislature had omitted 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 APP
pehenson extensively prevailed that design existed TO
force upon them constitution in relation to slavery
against their will In this emergency it became my duty
it my unquestionable right, having In view the
union of all good citizens in support of the territorial
laws, to express opinion the true construction OF
the provisions concerning slavery contained in the on
gac act OF Congress of the 30th May 1854 Congress
declared 1t to be he true intent and meaning OF this
act not to egsate slavery into any Territory State
to exclude it therefrom, but to leave the people
thereof perfectly free to form and regulate their domestic
institutions in their own way. Under 1t Kansas when
admitted State, to 'be received into the Union
with without slavery, their constitution may pre-
scribe at the time of their admission srrr
Did Congress mean by this language that the delegates
elected to frame constitution should have authority
finally to decide the question Of slavery did they in
tend by leaving it to the people that the people of Kan
themselves should decide this question by direct
serious doubt and, therefore, in my instructions to
Governor Walker of the 2Sth March last, merely said
that when constitution shall be submitted to the peo
pie of the Territory they must be protected in the exer
else of their right of voting for against that nsru
ment and the fair expression Of the popular will must
not be interrupted by fraud or violence. - '1
In expressing this opinion it far from my intention
to interfere with the decision of the people OF Kansas
either for against slavery From this have always
carefully absained Intrusted with the duty of taking
care that the laws be faithfully executed my only de-
sire that the people of Kansas should furnish to Con-
gess the evidence required by the organic act whether
for against slavery and in this manner smooth their
passage into the Union In emerging from the condition
of territorial dependence into that of sovereign State it
their duty in my opinion to make known their will
by the votes of the majority the direct question wheth
this important domestic institution should should
not continue to exist Indeed this the only possible
mode in which their will could be authenticity
tanned. s..s t.as ....aef ...- a.5a. a.asat-..
The election of delegates to convention must
rly take place in separate districts From this cause 1t
may readily happen, has often been the case that
majority of the people of State Territory
side of question: whilst majority of the representa-
tves from the several districts into which it is divided
may be upon the other side This arises from the fact
that in districts delegates may be elected by small
maortes whilst in others those of different sentiments
may receive maorties sufficiently great not only to
the votes given for the former but to leave large
majority Of the whole people in direct opposition to ma
orty of the delegates Besides history proves that
influences may be brought to bear the representative
sufficiently powerful to induce him to disregard the will
of his constituents The truth is that other authentic
and satisfactory mode exists of ascertaining the will of
majority of the people of any State Territory i'm
portan and exciting question like that of slavery in Kan
sas, except by leaving it to direct vote How WISE
them it for Congress to pass all subordinate and
intermediate agencies and proceed directly to the source
of all legitimate power under our institutions!
How vain would any other principle prove in practice
This may be illustrated by the of Kansas. Should
she be admitted into the Union with constitution either
maintaining aboshing slavery against the sentiment of
the people, this could have other effect than to
tnue and to exasperate the existing agitation during the
brief period required to make the constitution conform to
the irresistible will of the majority.
The friends and supporters of the Nebraska and Kansas
act when struggling recent occasion to sustain its
wise provisions before the great tribunal of the American
people, differed about its true meaning this sub
ect Everywhere throughout the Union they publicly
pledged their faith and their honor that they would cheer
fully submit the question of slavery to the decision of the
bona tide people Of Kansas without any restriction quail
fcation whatever. Ali cordially united upon the
great doctrine of popular sovereignty which is the vital
principle of free institutions Had it then been in
simulated from any quarter that it would be sufficient
compliance with the acquisitions of the organic law for
the members of convention thereafter to be elected to
withhold the question of slavery from the people, and to
substitute their will for that of legally
majority of all their constituents this would have been
instantly rejected Everywhere they remained true to
the resolution adopted celebrated occasion recog
missing the right of the people of all the Territories
including Kansas and Nebraska through the le-
gay and fary-expressed will of majority of actual
justifes it, to form constitution with 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
the first Monday of September last They called
together by virtue of act of the territorial Legislature
whose lawful existence had been recognised by Congress
in different forms and by different enactments large
proportion of the citizens of Kansas did not think proper
to register their and to vote at the election for
delegates but opportunity to do this having been
fairly afforded their refusal to avail themselves of their
right could in affect the legality of the con-
vention
This convention proceeded to frame constitution for
Kansas, and finally adjourned the It'll day of Novem-
ber But little difficulty occurred in the convention
cept the subject of slavery The truth is that the
general provisions Of recent State constitutions
similar and may add, excellent that the differ
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 State had been submitted to the peo
Pile trust however, the example set by the last Con-
gress, requiring that the constitution of Minnesota
should be subject to the approval and ratification Of the
people of the proposed State may be followed future
occasions took it for granted that the convention of
Kansas would act in accordance with this example, found
ed il is correct principles and hence my in
structions to Governor Walker in favor of submitting
the constitution to the people, expressed in general
and unqualified terms.
In the Kansas Nebraska act however, this requirement
applicable to the whole constitution had not been insert
ed and the convention not bound by its terms sub
NIT any other portion of the instrument to election
cept that which relates the domestic institution of sa
very. This will be rendered clear by simple reference TO
its language II to legsate slavery into any Ter
"a.