Terms of Piibllcalian T'lE TIOGA COUNTY AGITATOR is pub. l,shcd every Thursday Morning, and mailed to sub scribers at the very reasonable price of On* Dol lar per ailnum, invariably'™ advance . It is intend* ed to notify every subscriber when the term for which he has paid shall have expired, by the stamp —■‘Time Out,” on the margin of the last paper. The paper will then be slopped until a further re mittance be received. By this arrangement no man can be brought in debt to the primer. The Agitator is the Official Paper of the Conn ty with a large and steadily increasing circulation reaching into nearly every neighborhood in the County T It is sent free of pottage to any Post office within the county limits, and to those living within the limits, hot whose most convenient postoffice may be in an adjoining County. Business Cards, not exceeding 5 lines, paper in cluded, 9i per year. THE MURDERER. HIS SINGULAR DETECTION. A little more than fifty years ago, a man by the name of Henry Thompson called Jat the house of Mr. J. Smith, a resident in a re tired part of England, and requested a night’s lodging. This request was granted, and the stranger, having taken some refreshments, retired early to bed, requesting that he might be awakened early the following morning. When the servant appointed to call him entered the room for that purpose, he was found in his bed perfectly dead. On examining the body no marks of vio lence appeared, but his countenance looked extremely natural. The story of bis death spread soon among the neighbors, and inqui ries were made «■> to who he was and by what means he came to his death. No'hing certain however, was known. He had arrived on horseback, and Was seen passing ihrough a neighboring village about an hour before he reached (he house where he had come to his end. And then as to the manner of his death, so little could be dis covered, that the jury returned a verdict that he “died by a visitation from God.” When this was done the stranger was buried. Days and weeks passed on, and little fur ther was known. The public mind was not attest. Suspicions-were excited that foul means had] hastened the stranger’s death.— Whispers to that effect were expressed, and in -the hearts of many Smkh was the guilty man. The former character of Smith had not been good. He had lived a loose and irreg ular life, involved himself in debt by his ex travagance, und at length, being suspected of having obtained money wrongfully, he sud denly left the town. More than ten years, however, had now elapsed since his return, during which he had lived at his piesem residence, apparently in good circumstances, and with an approved character. His former life, hawever, was now remembered, and suspicion was fastened upon him. " 1 At the expiration of two months, a gentle man one day stopped in the place for the pur pose of making inquiries respecting the stran ger who bad been found in his bed. He supposed himself to be a brother of the man. The horse and clothing of the unfortunate man still remained, and were immediately known as having belonged to his brother/ The body also, was taken up, and thongh ' considerably changed bore a strong resem blance lo him. He now felt authorized to ascertain if pos sible the manner, ofhis death. He proceeded, therefore, lo investigate the circumstances as well as he was able. At length he made known to the magistrate of the district the information he had collected, and upon the strength of this, Smith was taken to jail lobe tried for the wilful murder of Henrjr Thomp son. The celebrated Lord Mansfield was then on the bench. Ho charged the grand jury to be cautious as to finding a bill against the prisoner. The evidence of his guilt, if guilty, might be small. More information might be obtained. Should he be acquitted he could not be molested again whatever testimony should rise up against him. The grand jury, however, did find a bill, but by a majority of only one. At length the time of the trial arrived. Smith was brought into court and placed at the bar. A great crowd thronged the room, eager and anxious to se the prisoner, and to hear the trial. He himself appeared firm and collected. Nothing in bis manner or appear ance indicated guilt; and, when the question was put to him by the clerk, “Are you guilty or not guilty ?" he answered with an unfalter ing tongue and with a countenance perfectly unchanged, “not guilty.” The counsel for the prosecution now open ed the case. But it was apparent that he had little expectation of being able to prove the prisoner goilty. He slated to the jury, that the case was in great mystery. The prisoner was a man of respectability and of property. The deceased was supposed to have about him gold and jewels to a large amount; but the prisoner was not so much in want of Funds as to be under sliong temptation to commit murder. And besides, if the prison er had obtained the properly, he bad effectu ally concealed it. Not a trace of it could be found. Why then was the prisoner suspected. L T* lo deceased Henry Thompson, was a [jeweler, residing in London, and a man of (wealth. He had left London.for the purpose pf meeting a trader at Hull of whom he ex pected to make a large purchase. The tra per he did meet, and Mr. Thompson was Known to have in his possession jewels and ■old to a large amount. i With these in his possession he left Hull E n 13 return to London, It was not known ansi he stopped until he reached Smith’s and ■he next morning he was discovered dead in f'V7 ■, d,ed ’ when in Smith’s house, |nd if u could be shown that he came to his ■eath m an unnatural way, it would increase ■ suspicion that the prisoner was in some Way connected with the murder. B Now, then, continued the counsel, it will KJ7 bey ° nd the Possibiiiiy of a doubt deceased died by poison. ®iscovp l *r S lhe P o 'son llt was a recent we r° m 9 9 erman chemist, said to Kdld cherry i r r l° m dis!illin B. ,he Beeds of lhe ■ul than 1 t( is a poison more power iife so imm^#r° lb ? r * snown ' an d deprived of PufTerimr „ lale 88 10 leave no marks of f? " and no con tortion of features. ■wgs U ;. 'I 8 ~ de question, when and by whom Binall nn. rn 'j lBl f red ? One circumstance, a » indeed, and yet upon it might hang THE AGITATOR. 1 i to tfte 35*tcnjj{on of tftt ftrta of iFm&om ana ttie Sgtreaft of &eaXt&g Befotnu WHILE THEBE SHALL BE A WRONG UNSIGHTED, AND UNTIL “MAN’S INHUMANITY TO BAN” SHALL CEASE, AGITATION MUST CONTINUE. VOL. IV. a horrid (ale that (he stopper of a small bottle of a very singular description had been found in (he prisoner’s house. The stopper had been examined, and said by medical men to have belonged to a German vial, containing the kind of poison he had described. But then, was that poison administered by Smith, or at bis instigation t Who were the prisoner’s family 1 It con sisted of himself housekeeper and one man servant. The man servant slept in the out house adjoining ihe stable, and did so on the night of Thompson’s death. The prisoner slept in one end of the house, the housekeeper at Ihe other end; the deceased had been put in a room adjoining the housekeeper’s. It could be proved that about two hours after midnight on the night of Thompson’s death, a light had been seen moving about the house, and that a figure holding the light was seen to go from the room in .which the prisoner slept to the housekeeper’s room.— The light now disappeared for a minute, when two persons were seen, but whether they went into Thompson’s room the witness could not swear; but shortly afler they were observed.to pass quite through the entry to Smith’s room, into which they entered, and in about five miuutes the light was extin guished. The witness would further state that after the person had returned with the light into Smith’s room, and before it was extinguished, he had twice seen some dark object intervene between the light and the window, almost as large as the surface of the window itself, and which he described by saying it appeared as if a door had been placed before the light.— Now in Smith’s room there was nothing that could account for this appearance, as there was neither cupboard nor press in the room, which, but for the bed, was entirely empty; the room in which he dressed being a distance bavond it. The counsel for the prosecution here con eluded what he had to say. During his ad dress, Smith in no wise appeared to be agita ted or distressed—and equally unmoved while the witness testified in substance what the opening speech of the counsel led (he court and jury lo expect. Lord Mansfield now addressed the jury.— He said that in his opinion the evidence was not sufficient to convict the prisoner, and if the jury agreed with him in opinion, he wo’d discharge him. Without leaving their seats, the jury agreed that the evidence was not sufficient. At this moment when they were about to render a verdict of acquittal, the prisoner rose and addressed the court. He said he had been accused of a foul ciime and the jury had said there was not sufficient evidence against him. Was he lo go out of court with suspicious resting upon him, after all 1 This he was unwilling lo do. He was an inno cent man, and if the judge would grant him an opportunity, he would prove it. He would call the housekeeper, who would con firm the statement he would now make. The housekeeper had not appeared in court. She had concealed herself or been concealed by Smith. This was considered a dark sign against him but be.himself now of ferred to bring her forward, and slated as a reason, not that he was unwilling she should testify, but knowing the excitement he was fearful she would be bribed to give testimony contrary to fact. But he was now ready to relate all the circumstances that he knew; she might be called and examined. If her testimony does not confirm my story, let me be condemned. . The request of the prisoner appeared rea sonable, and Lord Mansfield, contrary to the usual practice, granted it. . -The prisoner went on with his statement. He said he wished to go out of the court re lieved of the suspicions which were resting upon him. As to the poison, by means of which the stranger is said to have died, he knew neither the name of it, nor even the existence of it, until made known by the counsel. He could call God to witness the truth of what he said. And then as to Mr. Thompson, he was a perfect stranger to him. How should he know what articles of value he had ? He did not know. If he had such articles at Hull, ha might have left them on the road, or which was more probable, have otherwise disposed of them, jfmd if he died by means of the fatal drug, he must have administered it himself. He begged the jury to remember that his premises had been repeatedly searched, and not the most trifling article that belonged to the deceased had been discovered in his pos session. The stopper of a vial been found—but of this he could only say he had no knowledge, and had not seen it before it was produced in Court. One fact had been proved, and only one. That he would explain, and his housekeeper would confirm the statement. A witness had testified that some one bad gone to the bed-room of the housekeeper on the night in question. He had been subject for much of his life to sudden fits of illness; he had been seized with one on this occasion, and find gone to procure her assistance in lighting a fire. She had returned with him for that purpose, he having waited in the passage while she put on her clothes. This would account for the momentary disappearance of the light.— After remaining a few minutes in his room and finding himself belter, he had dismissed her, and reiired to bed, from which he had not risen, when informed of the death of bis guest. Such was the prisoner’s address, which produced a powerful eflwct. It was delivered ■fn-ajinn, impressive manner, and from the WELLSBORO, TIOGA COUNTY, PA., THURSDAY MORNING, DECEMBER; Ifc 18^,.- simple and artless manner of the mao, per haps not one present doubted her entire inno cence. The housekeeper was now introduced and examined by the counsel of the prisoner.— She had not heard any part of the statement of Smith, nor a single word of the trial.— Her story confirmed all be had said. To this succeeded a cross-examination by the counsel for tlie prosecution. One circum stance had made a deep impression on bis mind—that was, that while the prisoner and (he housekeeper were in the room of the former, something like a door had obstructed the light of the candle, so that the witness testified to the (act, but could not see it.— What was this,obstruction ? There was no door—nothing in the room—which could ac count for this. But the witness was positive that something like a door did for a moment come between the window and the candle.— This needed explanation. The housekeeper was the only one that could give it. Designing to probe this mat ter to the bottom, but not wishing to excite alarm, he began by asking her a few unim portant questions, and among others, where the candle stood when she was in Mr. Smith’s room 1 “In the centre of the room,” she replied. “ VSJell, was the closet, or cupboard, or whatever you call it, opened once or twice while it stood there 1 She made no reply. “I will help your recollection,” said the counsel. “After Mr. Smith had taken the medicine out of the closet, did he shut the door, or did it remain open 1" “He shut it.” “And when he replaced the bottle in the closet, he opened it again, did be not 1 “He did.” “How long was it open the last lime?” “About a minute.” “Well, when open, would the door be ex actly belweenthe light and the window ?” “ft would.” “I forgot,” said the counsel, “whether you said the closet was on the right or the left side of the window.’’ > “On the left hand side.”\l^ “Would the door of the closet make any noise in opening ?” “None.” “Are you certain 1 ‘■l am.” “Have you ever opened it yourself, or only seen Mr. Smith open it ?” “1 never opened it myself.” “Did you ever keep the key V “Never.” “Who did 1” “Mr. Smith, always.” At that moment (he housekeeper chanced to cast her eye towards Mr. Smith, the pris oner. A cold damp sweat stood upon his brow, and bis face had lost all color; he ap peared a living Image of death. She no sooner saw him than she shrieked and faint ed. The consequence of her answers flashed across her mind: She had been so thorough ly deceived by the manner of ihe advocate and of the little importance he seemed to at tach to her statements that she had been led on from one statement to another till she had told him all he wanted to know. She was obliged to be taken out from the court, and a physician who was present was requested to attend her. At this time, the solicitor for the prosecution (answering to our Stale's attorney) left the court, but no one knew for what purpose. Presently the physician came into court, and stated that it would be impossible for the housekeeper to resume her seat in the box short of an hour or two. It was almost twelve in the day. Lord Mansfield, having recommended that thd jury be accommodated with a room where they could be kept by themselves, adjourned the court two hours. The prisoner, in the mean time, was remanded to jail. It was between four and five o’clock when the judge resumed his seat upon the bench. The prisoner was again placed at the bar, and the housekeeper brought in and led to the box. The court room was crowded to ex cess, and an awful silence prevaded the place. The cross-examining counsel] again ad dressed the housekeeper. “1 have but a few more questions to ask you,” said he “take heed how you answer, for your life hangs upon a thread. “Do you know this stopper ?” “I do.” “To whom does it belong?” “To Mr. Smith.” “When did you last see ill” At that moment the solicitor entered the court bringing’wilh him upon a tray, a watch, two money bags, a jewel case, and a bottle of the same manufacture as the stopper and having a cork in it. The tray was placed on the table in sight of the witness, and from that moment no doubt remained in the mind of any man present of the guilt of the prisoner. A few words will bring this melancholy tale to a close.' The bouse where the mur der was committed was between nine and ten miles distant. The solicitor, as soon as the cross exami nation of lha housekeeper had discovered the existence of a closet, and its situation, had set off on horseback, with two sheriff's offi cers, and after pulling down a part of the wall had detected (his important concealment. The search was well rewarded. The whole of the property belonging lb Mr. Thompson was found there, amounting in value to some tbonsand pounds; and to leave no room for doubt, a-bottle was discovered which the med ical men instantly pronounced to contain the verv identical poison which caused the death of the unfortunate Thompson. The result-was 100 obvious to need expla nation. |t scarcely need be added, that Smith was convicted and executed, and brought to. his awful punishment by his own means. Had hejsaid nothing—had he not persisted in cajf.' inga witness to prove his innocence, he might' hafre escaped. But God had evidently . left him to work out his own ruin, as a just re ward of his awful crime. ABSTRACT OF TtfG MESSAGE. The Currency. It is one of the highest and most respon sibje duties of government to insure to the people a sound circulating medium, the arrtounl of which ought to be adapted with the Vitmost possible wisdom and skill to the wants of internal trade and foreign'exchan ges. If this be either greatly above or greatly below the proper standard, the marketable value of every mao’s properly is increased or diminished in the same proportion, and injustice to individuals as well as incalcula ble evils to the community are the conse quence. Unfortunately, under the construction of the Federal Constitution, which has now pre vailed 100 long to be changed, this important and delicate duty has been dissevered from the coining power and virtually transferred to more than fourteen hundred Slate banks, acting independently of each other, and reg ulating their paper issues almost exclusively by,a regard to the present interest of their stockholders. Exercising Ihe sovereign power of providing a paper currency instead of coin lor the country, for the first duly which these banks owe to ihe public is to keep in their vaults a sufficient amount of gold and silver to insure the convertibility of their notes into coin at all times and under all cir cumstances. No bank ought ever to be chartered without such restriction on ils busi ness as to secure this result. All other re strictions are comparatively vain. This is ihe-only true touchstone, the only efficient regulator of a paper currency—the only one which can guard the public against over issues and bank suspensions. Asa collateral and eventual security it jsfdoubtless wise, and in all cases ought to be' required, that banka shall hold an amount of United States oj State securities equal to their notes in circulation and pledged for their redemption. This however, furnishes no adequate security against over-issues. Each of our fourteen hundred banks has hut a limited circumference for its circula lionyend in the course of a very few days the depositors and note-holders might demand from such a bank a sufficient amount in spe cie to compel it to suspend, even although it had coin in ils vaults equal to one-third of its immediate liabilities. And yet I am not aware, with the exception of the banks of Louisiana, that any State bank throughout the Union has been required by ils charter to keep this or any other proportion of gold and silver compared with the amount of its com bined circulation and deposits. What has been the consequence 7' In a recent report made by the Treasury Department on the condition of the banks throughout the differ-' ent States, according to returns dated nearest to January 1857, the aggregate amount of actual specie in their vaults is $58,349,838, of their circulation $214,778,822, and of their deposits $230,351,352. Thus it appears that these banks in the aggregate have con side'rably less than one dollar in seven of gold and silver compared with their circulation and deposits. Ft was palpable, therefore, that the very first pressure must drivqlhem to suspension, and deprive the people of a convertible currency with all ils disastrous consequences. Isis truly wonderful that they should have so long continued to preserve their credit, when a demand for the payment of one seventh of their immediate liabilities would have driven them into insolvency. And this is the condition of the banks, notwithstanding that four hundred millions of gold from Cali fornia have flowed in upon us within the last eight years, and the tide still continues to flow. Indeed such has been the extravagance of bank credits that the banks now hold a considerably less amount of specie, either in proportion to their capital or to their circula tion and deposits combined, than they did befqre the discovery of gold in California. While in ihe year 1848 their specie in pro portion to their capital was more than equal to one dollar for four and a half, in 1857 it does not amount to one dollar for every six dollars and thirty-three cents of their capital. In the year 1848 the specie was equal within a very small fraction to one dollar in five of their circulation and deposits; in 1857 it is not equal to one dollar in seven and a half of their circulation and deposits. It is this paper system of extravagant ex pansion, raising the nominal price of every article far beyond its real value, when com pared with the cost of similar articles in countries whose circulation is wisely regu lated, which has prevented us from competing in our own markets with foreign manufac tures, has produced extravagant importations, and has counteracted the effect of the large incidental protection afforded to our domestic manufactures by the present revenue tariff. But for this the branches of our manufac tures compsed of raw materials, the produc-v lion of our own country —such as cotton, iron and woolen fabrics—would not only have acquired almost exclusive possession of the home market, but would have created for themselves a foreign market throughout the world. In the mean time it is the duty of the Gov ernment, by all proper means within its power, to aid in alleviating the sufferings of the people occasioned • b'y the suspension of the banks, and to provide ~agaipst a'tecnr renceof the same calamity. Unfortunately, in either gspect of the case. It can do bur little. Thanks to the Independent Treasury, the Government has not suspended payment, as it was compelled to do by the failure of the banks in 1837. It will continue to dis charge its liabilities to the people iio gold and silver-. Its. djaburseftiehls in coin into circulation, and materially assist in te storing a sound currency. From; its high credit, should we be compelled: Jo make a temporary loan, it can be effected on advan tageous terms. This, however, shaUrif.possi ble, be avoided ; but, if not, I hen the amount shall be limited to the lowest practical sum. I have, therefore, determined that while no useful Government works already in progress shall be suspended, new works, {not already commenced, will be postponed, lilt this can be done without injury to ihe country. Those necessary for its defense shall ‘ proceed as though there had been no crisis in our mone tary affairs. |' i After all, we must mainly rely upon the patiiotism and wisdom of the Slates for the prevemion and redress of Ihe evil. If they will afford us a real specie basis for our paper circulation by increaing the denomination of bank notes, first to twenty and 'afierward to fifiy dollars ; if they will require that ihe banks shall at all times keep on band at least one dollar in gold and silver for j every three dollars of their circulation and deposits; and if they will provide by a self-executing enactment, which nothing canj arrest, that ihe moment they suspend they jshnll go into liquidation, I believe that suclij provisions, with a weekly publication by each bank of a statement of its condition, wduld go far to secure us against future suspensions of specie payments. . j Congress, in my opinion, possess ihe power to pass a uniform bankrupt law applicable to all banking institutions throughounho United States, and I strongly recommend ils exer cise. This would make it Iha irreversible organic law of each bank’s existence, that a suspension of specie payments shall l produce its civil death. The instinct oif self-preser vation would then compel itJ(| perform ils duties in such a manner as to escape its penalty and preserve its life. |' j The existence of banks and !lhe circulation of bank paper are so idemifiedjwjth the babi’s of our people, that they cannot at this day be suddenly abolished without [much imme diate injury to the country. 1 ;lf we could confine them to their appropriate sphere, and prevent them from administering to the spirit of Wild and reckless speculation by extrava gant loans and issues, they might be contin ued with advantage to the public. But this I say, afier long ; and much rev flection: if experience shall! prove it lobe impossible to enjoy the facilities which well regulated banks might afford, tjvilhout at the same lime suffering the calamities which the excesses of (he banks have hitherto inflicted upon the country, it would then be far the lesser evil to deprive them altogtftiier of the power to issue a paper currency and confine them to the functions of .banks of deposit and discount. : Our relations with foreign | governments are, upon the whole, in a satisfactory condi tion. j Kansas. , i It is unnecessary to state in jdetail the al arming condition of the Territory of Kansajs at the time of my inauguration. The op posing parlies then stood in (hostile array against each other, and any accident might have relighted the flames of civil war. Be sides, at this critical moment,! Kansas was left without a Governor by the Resignation of Gov. Geary. j ‘ On the 19th of February previous, the ter ritorial legislature passed a lawj providing for the election of delegates on thejthird Monday of June to a convention to meet on the first Monday of September, for/ the purpose of framing a constitution preparafory to admis sion into the Union. This la!w was in the main fair and just; and it is tq be regretted that all the qualified electors had not regis tered themselves and voted tinder its provis ions. At the lime of the election for delegates, an extensive organization existed in the Ter ritory, whose avowed object it was, if need be, to put dowtf the lawful government by force, and to establish a government of their own under the so-called Topeka Constitution. The persons attached to this; revolutionary organization abstained from taking any part in the election. f The act of the Territorial legislature had omitted to provide for submitting to the peo ple the Constitution which be framed by the Convention; and in the excited state of public feeling throughout .Kansas an ap prehension extensively prevailed that a design existed to force upon them a [Constitution in relation to Slavery against their will. In this emergency it became my duty], as it was my unquestionable right, having] in view the union of all good citizens ini support of the Territorial laws, to express an opinion on the true construction of the provisions concerning Slavery, contained in the orgaVtc act of Con gress of the 30th May, 185j4.[ .Congress de clared it to be “the true intent and meaning of this act not to legislate Slavery into any Territory or Stale, nor to exclude it there from, but to leave the people thereof perfectly free to form and regulate tbeif domestic insti tutions in their own way.” Under it Kansas, ‘•when admitted as a state, ’,’jwas to “be. re ceived into the Union with or without slavery, as their Constitution may prescribe at tbe time of their admission." 1 ; Did Congress mean by this language that the delegates elected to frame n Constitution shoutj have aulbuiity fiuiMly to decide the - I ' t- - ! i Rates of Advertising. Advertisements will be charged SI per square of' fourteen lines, for one, or three insertion?, and 25 cents Tor every subsequent insertion. AH advertise ments or leas llmij fourteen lines considered as a sqtuie. . Tire Tallowing rates will bo charged for Quarterly, Half-Yearly and Yearly advertising 3 months. 6 months. IS rno'a 1 Square, (14 lines,) . 82 SO $4 50 86 OO 2 Squares,. . . j 4 00 600 BOQ j column, - ■ - - . 10 00 13 00 20 00 1 column,. . . . -18 00 30 00 40 OO All advertisements not having the number of in sertions marked upon them, will be kept in until or. dered out. and charged accordingly. Posters, Handbills, Bill,and Letter Heads, and all kinda of Jobbing done in country establishments, executed neatly and promptly. Justices’, Cousin, bies’and other BLANKS, constantly on hand and printed to order. question of slavery, or did (hey intend, by leaving it .to the people, that the people of Kansas themselves should decide Ibis question by a direct vote 1. On litis-subject, 1 confess, I have never entertained a serious doubt, and, therefore, in ’my insirnctions tcrxGovernor Walker of the 2Sib March last, [ merely said that when “a Constitution shall be submitted to the people of the Territory, they roost'be protected in the exercise of their right'of voting for or against that instrument, and the fair expression of the popular will must not be interrupted by fraud or violence.” In expressing this opinion it was fur from my intention to interfere with the decision 1 f the people of Kansas, either for or against slavery. From this I have always carefully abstained. Intrusted with the duty of taking, “care that the laws bo faithfully executed," my only desire was that the people of Kansas should furnish 10 Congress the evidence re* quired by the organic act, whether for or against slavery ; and in this manner smooth their passage into the Union. In emerging from Ihe condition of territorial dependence, into that of a sovereign Stale, it was their duly, in my opinion, to make known their will by the voles of the majority, on the di rect 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 authenti cally ascertained. The friends and supporters of the Nebras ka and Kansas act, when struggling on a re cent occasion to. sus'ain its wise provisions before the great tribunal of the American people, never differed about its true meaning on this subject. Every where throughout the Union they publicly pledged their faith and their honor, that they would cheerfully sub mit the question ofsfavery to the decision of the bona fide people of Kansas, without any restriction or qualification whatever. All were cordintlyj united upon the great doctrine of popular sbvereignty, which is the vital principle of our free institutions. Had it then been insinuated from any quarter that it wo’d be a sufficient compliance with the lequisiliohs of the organic law tor the members of a con vention, thereafter to be elected, to withhold the question of slavery from the people, and to substitute their own will for that of a le gally-ascertained majority of all their con stituents, this would have been instantly re jected. Everywhere they remained true to the resolution adopted on a celebrated occa sion recognizing “the rights of the people of all the Territories—including Kansas and Nebraska—acting through the legally and fairly-expressed will of a majority of actual residents,’and whenever the number of their inhabitants justifies it, to form a constitution with or without slavery, and he admitted into the Union upon terms of perfect equality with the other States.” The convention to frame a constitution for Kansas met on the first Monday of September last. They were called together by virtue of an act of the Territorial Legislature, whose lawful existence had been recognized by Con gress in different forms and by different en actments. A large proportion of the citizens of Kansas did not think proper to register their names and to vote at the election lor delegates ; but an opportunity to do this hav ing been fairly afforded, their refusal to avail themselves of their right could in no manner affect the legality of the convention. This convention proceeded to frame a con stitution for Kansas, and finally adjourned on the 7lh day of November. But little difficul ty occurred in the convention except on the subject of slavery. The truth is, that the general provisions of our recent Slate const!- luiions are so similar—and, I may add, so excellent—that the difference betwpen them is not/essential. Under the earlier practice of the Government, no constitution framed by the convention of a Territory, preparatory to its admission into- the Union as q State, had been submitted to the people. I trust, however, the example set by the last Con gress, requiring that the constitution of Min nesota “should be subject to the approval and ratification of the people of the proposed S'ale,’’ may bo followed on (ulure occasions. I took it for granted that the convention of Kansas would act in accordance with this ex ample, founded, as it is, on correct principles ; and hence my instructions to Governor Walk er, in favor of submitting the Constitution to the people, were expressed in general and un qualified terms. In the Kansas-Nebraska act, however, this requirement, as applicable to the whole con stitution, bad nol,been inserted, and the con vention were hot bound by its terms to sub mit any other portion of the instrument to an election, except that which rela'es to the “domestic institution” of slavery. This will be rendered clear by a simple reference to its language. It v/fis “not to legislate sla very into any Territory or Stale, nor to ex clude it therefrom, but to leave the people thereof perfectly free lb form and regulate theii domestic institutions in their own wav.” According to the plain construction of fbo sentence, the words “domestic institutions” have a direct, as they hav£ an appropriate, reference to slavery. “Domestic institutions” are limited to the family. The.relation be tween master and slave and a few others are “domestic institutions,” and are entirely dis tinct from institutions of a political character. Besides, there was no question then before Congress, nor indeed has there since been any serious question before the people of Kan sas or the country, except that which relates to the “domestic institution of slavery. The Convention, after an angry and ex cited debate, - finally determined, by a major ily of onlv two, to submit" the question of I Slavery to iho people, though at Jhe last ( Co'tfin'jcd vi ~ r l'p»£e )
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