The Kanzas news., 1858-01-02

LdS al INC tiLiic Ot H iIldu9uratiOn. 1n
opposing parties then stood in hostile arral
against each other and any accident Nigh
have relighted the flames of civil war. Be
sides, at this critical moment, Kanzas wa
left without Governor by the resignation
of Governor Geary.
On the 18th February previous, the Ter
ritorial Legislature had passed law provi
ding for the election of Delegates on tn,
third Monday of June, to Convention tc
meet on the first Monday of September fol
the purpose of framing a Constitution pre-
paratory to admission into the Union. Thi:
law was in the main, fair and just: and it j.
to be regretted that all the qualified electorl
had not registered themselves and voted un.
der its provisions.
At the time of the election for Delegates
an extensive organization existed in the Ter
ritory whose ayowed object it was If neec
be, to put down the lawful Government By
force, and to establish Government o1
their own under the so-called Topeka Con
stitution. The persons attached to this
revolutionary organization abstained from
taking any part in the election.
The Act of the Territorial Legislature had
omitted to provide for submitting to the peo.
pie the Constitution which might be framed
by the Convention; and in the excited state
of public feeling throughout Kanzas an ap-
prehension extensively prevailed, that de-
sign existed to force upon them Constitu-
ton in relation to Slavery against their will
In this emergency it became my duty, as il
was my unquestionable right, having in
view the union of all good citizens in Sup
port of the Territorial laws, to express an
opinion on the true construction of the pro-
visions concerning slavery contained in the
Organic Act of Congress of the 30th MAY,
1854. Congress declared it to be ''the true
intent and meaning of this Act not to legis-
late slavery into any territory or State nor
to exclude it therefrom, but to leave the peo-
pie thereof perfectly free to form and regu-
late their domestic institutions in their own
way" Under it Kanzas. "when admitted
as State, was to s'be received into the I'm
ion, with or without Slavery, as their Con-
stitution may drescribe at the time of their
admission
Did Congress mean by this language that
the Delegates elected to frame Constitution
should have authority finally to decide the
question of slavery, or did they intend by
leaving it to the people, that the people of
Kanzas themselves should decide this ques-
tion by direct vote? On this subject
confess had never entertained serious
doubt, and therefore in my instructions to
Governor Walker of the 28th March la It, [
merely said that, when ga Constitution shall
be submitted to the people of the Territory,
their right of voting for or against that IN
strument, and the fair expression of the pop
ular will must not be interrupted by fraud
or violence
In expressing this opinion it was far from
nv intention to interfere with the decision
of the people of Kanzas either for or against
Slavery. From this 1 have always careful
" abstained. Entrusted with the duty of
taking scare that the laws be faithfully ex-
ecuted," my only desire was that the peo-
pie of Kanzas should furnish to Congress
the evidence required by the Organic Act,
whether for or against slavery; and in this
manner smooth their passage into the Un-
ion. In emerging from the condition of
territorial dependence into that of sover-
eign State it was their duty, in my opinion,
to make known their will by the votes ot
the majority on the direct question whether
this important domestic institution should
or should not continue to exist. Indeed
this was the only possible mode in which
their will could be authentically ascertained
The election of Delegates to a Convention
must necessarily take place in separate Dis
tricts From this cause itnay readily hap
pen, as has often been the case, that ma,
jority of the people of State or Territory
are on one side of question. whilst ma
jority of the Representatives from the seve,
raj Districts into which it is divided may b
upon the other side. This arises from the
fact that in some districts delegates may bt
elected by small majorities, whilst in Others
those of different sentiments may receive
majorities sufficiently great not only to over
come the votes given for the former but t.
leave large majority of the whole people IL
direct opposition to majority of the dele
gates. Besides, our history proves that in
fiuences may be brought to bear on the Rep
resentative sufficiently powerful to induc
him to disregard the will of his constituents
The truth Is that no other authentic ant
satisfactory mode exists, of sscertaining tn
will of a majority of the people of any Stat
or Territory on an important and excitin:
question like that of slavery in Kanzas, ex
cept by leaving it to direct vote. How
wise then was it for Congress to pass owe
all subordinate and intermediate agencie
and proceed directly to the source of all lie
gitimate power under our institutions.
How vain would any other principle prov
in pTacticei This may be illustrated b,
the case of Kanzas. Should she be admit
ted into the Union with Constitution eth
er maintaining or abolishing slavery, agains
the sentiment of the people. this could hay
no other effect than to continue and to ex
asperate the existing agitation during th
brief period required to make the Constitu
ton conform to the irresistible will of th
majority.
The friends and supporters of the Ne
braska and Kanzas Act, when struggling o
a recent occasion 10 sustain its wise proYis
ions before the great tribunal of the Amer