The Washington union., 1858-02-21
bad voted. and then claim te priviIege o. haying

IL We're true, that they had they assert, MAORI
ty opposed TO slavery they could have voted out the
clause sanctoning that institution By their act the
clause is retained and then they desire 10 reject the
t7hoe constitution, because of the socalled obnoxious
slavery clause left in by their own wilfu refusal to vote
such wlness is not to be conclllaed tolerated IN
country governed by laws Suppose twenty additional
opportunities should be afforded to the same people To
vote all these questions who guaranty that they
will act better in the future than they have in the past
Who say they will vote at all Aud If not would
not the same objection made be as valid then as II ~
now with reference to their -aon2 1t seems 10 be-
however, but carrying out their known political design TO
prevent the peaceful settlement of the question
The only legal rule To adhere TO the uniform prac
tice of all the constitutional governments in the Union
and opportunity having been afforded to all of regis
tering their names and voting Ha to decide according
to the majority thus cast whether OF the people
have voted neglected refused to vote. Governor
Walker said to the people Of Kansas in his official ad
dress
Throughout whole Union government
fage authorize those who do vote 70 act for Them that ontngn
and the absentees much bound under the law and constu
ihen vioionceby the majority those
who do though all had participated in the election Other
practicable and monarchy aud desom would remain the only
aternatye.n
Admitting the truth of the proposition of Governor
Walker that those who abstain from voting authorize
those who do for them, it necessarily fol-
lows that the abolitioniss of Kansas if they the
jority of the people, they claim to be, directly re-
sponsble for the establishment of slavery in that Terri
tory and whether they constitute the majority mi
noity the decision made is equally binding upon all
Popular sovereignty has been invoked by some to
defeat the Lecompton constitution 1t even alleged
by those objecors that nothing but submission of the
whole constitution to direct vote of the people would
be compliance with the provisions Of the Kansas Ne
brska act, which declares the people of that Territory
shall be perfectly free to form their domestic institutions
in their cay With this view of the subject the
mittce cannot agree.
Surely it win not be contended that this provision Of
the Kansas organic law dnishea the previous rights OF
the people in creating State government In all time
past since the declaration of independence, it has been
uniformly admitted without single exception, that the
pepe had the right of choice either to form their cons
tutons by their agents elected for that purpose to
the right to Iaty the constitution by subsequent
direct vote of the people In either case and in both
cases. it is the act of the people and full exercise OF
popular Sovereignty. If, therefore, the Kansas act
had taken away the right Of the people to act through
their agents it would be limitation OF their rights rather
than increase and improvement the friends of that
measure have heretofore boasted. The people would, in
that case, be confined to rag only in which to make
constitution and would not be at liberty to choose Me
apdy Such construction of the organic act is mani
testify erroneous
Having thus given historical account of the matter
referred for their consideration your committee will briefly
review the whole subject unembarrassed by details They
will look at the subject it originated it has been for
three years, and as ii now is.
The population of country four years ago prin-
cpay confined by treaty and by law to the compare
lively small region lying the east of the river Msss
spp Iowa, Missouri Arkansas and part Of Louisiana
were found the western bank. Also the extreme
southern flank Texas and Minnesota on the northern
California and the settlements of Oregon upon the
Pacific coast in the centre, New Mexico and Utah The
immense country lying between scanty settlements
upon the Pacific and the western boundaries OF Iowa,
Missouri and Arkansas may be said in general terms,
and with the above exceptions to have been unoccupcd
Guarded by the Indian intercourse act and by Indian
treaties and without territorial organization the country
rendered by statutory prohibitions, inaccessible
solitude which pioneer settlers might legally disturb
To tho
thus arrested by law. The western border OF three
four States the western border OF the United States
until reached the top of the Sierra Nepda and looked
down upon the long and settlements upon the
shores of the Pacific The border States had become
dissatisfied aud canored for western expansion the
beautiful and fertile wilderness which, though extending
for continuous distance Of thousand miles approached
within three hundred miles of the Mississippi aban
doncd by the government to the exclusive of wild
semi-cvilized and vagrnt Indian tribes Unable longer
resist the demands of the West for the opening up to
settlement of a country contiguous important, and
valuable and which had been neglected long be-
just of rcproach to the government Con-
gress in 1854 took into its seeus consideration the JUS
tice and policy of organizing il into Territories.
But two difficulties in the way of organization
the question of Indian occupancy the other that
Of African slavery. The first easily adjusted the
second the subject of long heated and angry discus
sion More than hundred speeches delivered in
Congress at that session upon the slavery question At
length the whole country lying west of Missouri Iowa.
and Minnesota east of Utah, Oregon and Washington
Territories and north of the 37th and south of the 10th
parallels of latitude organized into ro Territories, and
named KANSAS and NEBRASKA.
The law organizing these Territories settled the slavery
controversy by providing that the people of them might
form their domestic institutions in their acay subject
only to the constitution of the United States and to
able the people to do without hinance of any kind
there inserted in the act clause repeating all laws
establishing regulating or prohibiting sayeholding.
This settlement greatly pleased party, and greatly
dspeased the other The defeated anti slavery party pro-
essed to believe that Congress had power and ought
exercise it, to exclude slave property from territory which
had been acquired by the joint efforts and at the
expense Of Shareholders and aoa-slapetoldevs
The victorious democratic party believed that Congress
had no such power under the constitution and that il
would be iJatabe to exercise it if it had and also
that in this particular case, such exercise of pow
would be fragrant violation of the third article
of the treaty with France by which the country
quired.
Immediately after the passage of the act people living
in Missouri upon the borders of Kansas being well
auanted with the country poured into that Territory in
large numbers, and appropriated many Of ther fer
tile, best-watered and best -mbercd tracts Many of
these carried their }are with them On the other hand
prior to the final passage of the Nebraska BILL but
after its passage became evident certain members of Con
gress formed secret association which ultimately be-
public to incite and aid the emigration into Kansas
OF persons opposed to the existence OF slavery for the
press purpose of so carrying out its provisions to
an exclusion OF the slave property of the southern States
from the Territory This secret combination of politi
clans to perpetrate sectional injustice promptly fol-
lowed by public ones, and moneys collected in
places for the express purpose of aiding effort to
exclude southern property from Kansas This sectional
and anatica purpose was in practice generally coupled
with or schemes of making OF n