election.

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
an apprehension 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 in support of the
Territorial laws, to express an opinion on the true construction of the
provisions 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 legislate slavery into any Territory or
State, nor to exclude it therefrom, but to leave the people thereof
perfectly free to form and regulate their domestic institutions in their
own way." Under it Kansas, "when admitted as a State," was to "be
received into the Union with or without 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 to decide the question of
slavery, or did they intend by leaving it to the people that the people
of Kansas themselves should decide this question by a direct vote? On
this subject I confess I had never entertained a serious doubt, and
therefore in my instructions to Governor Walker of the 28th March last
I merely said that when "a constitution shall be submitted to the people
of the Territory they must 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."