The Sun.
London, England, 1857-12-21 00:00:00

the Convention were in favour of establishing sla-
very in Kansas. They accordingly concerted an
article in the constitution for this purpose similar in
form to those which had been adopted by other ter-
ritorial conventions. In the schedule providing for
the transition from a territorial to a state govern-
ment, the question has been fairly and explicitly
referred to the people whether they will have a con-
stitution with or without slavery. It declares that
before the constitution adopted by the Convention
shall be sentto Congress for admission into the Union
as a state, and election shall be held to decide this ques-
tion, at which the white male inhabitants of theter-
ritory above the age of 21, are entitled to vote. They
are to vote by ballot, and that the ballot passed at the
said election shall be endorsed " Constitution with
Slavery," and " Constitution with No Slavery." If
there be a majority in favour of the Constitution
with Slavery, then it is to be transmitted to Con-
gress by the President of the Convention in its ori-
ginal form ; on the contrary, if there be a majority
of Constitution with No Slavery, then the article
providing for slavery shall be stricken from the con-
stitution by the President of the Convention ; and
it is expressly declared that no slavery shall exist
in the state of Kansas, except that the right of pro-
perty in slaves nowin the territory shall in no man-
ner be interfered with; and, in that event, it is
made his duty to have the constitution thus ratified
transmitted to the Congress of the United States,
for the admission of the State into the Union.
At this election every citizen will have an oppor-
tunity of expressing his opinions by his vole whe-
ther Kansas shall be received into the Union with
or without slavery, and thus the exciting ques-
tion may be peacefully settled in the very mode
required by the organic law. The election will be
held under legitimate authority, and if any portion
of the inhabitantsshould refuse to vote, a fair oppor-
tunity to do so having been presented, this will be
their owu voluntary act, and they alone will be re-
sponsible for the consequence. Whether Kansas
shall be a free or a slave state must, under some au-
thority, be decided by an election, and the question
can never be more clearly or distinctly presented to
the people than it is at the present moment.
Should this opportunity be rejected, she may be
involved for years in domestic discord, and possibly
in civil war, before she can make up the issue now
so fortunately tendered, and again reach the point
she has already attained.
Kansas has for some years occupied too much of
the public attention. It is high time this should be
directed to far more important objects. When
once admitted into the Union, whether with or with-
out slavery, the excitement beyond her own limits
will speedily pass away, and she will for the first time
be left, as she ought to have been long since, to
manage her own affairs in her own way. If her con-
stitution, on the subject of slavery or any other
subject, be displeasing to a majority of the people,
no human power can prevent them from changing
it withina brief period. Under these circumstances
it may well be questioned whether the peace and
quiet of the whole country are not of greater im-
portance than the mere temperary triumph of either
political party in Kansas.
Should the constitution without slavery bo
adopted by the votes of the majority, the rights of
property in slaves now in the territory aro then re-
served. The number of these is small, but if it were
greater the provision would be equally just and
reasonable. These slaves were brought iato the
territory under the constitution of the United States
awl are now the property of their masters. This
poin t has at leng th been finally decided by the highest
judicial tribunal of the country, and this on the plain
principlethat when the confederacy of the sovereign
states acquire a new territory at their joint expense
both equality and justice demand that the citizens
of one and all of them shall have the right to take into

it whatsoever is recognised as proper tyby the common
constitution. To have summarily confiscated the
property in slaves already in the territory would
have been an act of gross injustice, and contrary to
the practice of the older states of the Union which
have abolished slavery.
THE MORMONS IN UTAH.

A territorial Government was established for
Utah by act of Congress, approved Sept. 9, 1850,
and the constitution and laws of the United States
were thereby extended over it, so far as the same
or any provisions thereof may be applicable. This
act provides for the appeintment by the President,
by and with the advice and consent of the Senate,
with a governor who was to be ex officio superin-
tendent of Indian affairs, a secretary, three judges
of the Supreme Court, a marshal, and a district
attorney. Subsequent acts provided for the ap-
pointment of the officers necessary to extend our
land and our Indian system over the territory.
Brighain Young was appointed the first governor
on the 20th of September, 1850, and has held the
office ever since. Whilst Governor Young has
been both governor and superintendent of Indian
affairs for this period he has been at the same
time the head of the church called. the Latter -day
Saints, and professes to govern its members and
dispose of their property by direct inspiration and
authority from the Almighty. His power has been
therefore absolute over both church and state. The
people of Utah almost exclusively belong to this
church, andlbelieving out of a fanatical spirit, that
he is governor of the territory by divine appoint-
ment, they obey his commands as if they were direct
revelations from heaven. If, therefore, he chooses
that his government shall come into collision with
the government of the 'United States the members
of the Mormon Church will yield implicit obedience
to his will.
Unfortunately, existing facts leave but little doubt
that such is his determination. Without entering
upon a minute history of occurrences, it is sufficient
to say that all the officers of the lnited States,
judicial and executive, with the single exception of
two Indian agents, have found it necessary for their
own personal safety to withdraw from the territory,
and there no longer remains any government in
Utah but the despotism of Brigham Young.
This being the condition of affairs in the terri-
tory, I could not mistake the path of duty. As
chief executive magistrate I was bound to restore
the supremacy of the constitution and laws within
its limits. In order to effect, this purpose I ap-
pointed a now governor and other federal officers
for Utah, aid sent with them a military force for
their protection, and to aid as- a posse cotnitatas in
case of need in execution of the laws.
With the religious opinion of the Mormons, as
long as they remained mere opinions, however de-
plorable in themselves and revolting to the moral
and religious sentiments of all Chistendom, I had
no right to interfere. Actions alone, when in vio-
lation of the United States, become the legitimate
subjects for the jurisdiction of the civil magistrate.
My instructions to Governor Cummin ; have, there-
fore, been framed in strict accordance with these
principles.
pewasemploying the military
indulged in that no
neAeetssitthyatmdigahtot a hope
for
in restoring and maintaining the authority
of the law, but this hope has now vanished.
Governor Young has by proclamation declared his
determination to maintain his power by force, and
has already committed acts of hostility against the
United States. Unless he should retrace his steps
the territory of Utah will be in a state of open re-
bellion. He has committed these acts of open
hostility, although Major Van Vliet, an officer of
the army, was sent to Utah by the commanding
general to purchase provisions for the troops, had
given him the strongest assurance of the peaceable
intentions of the Government, and that the troops
would only be employed as a posse comitattcs when
called on by the civil authority to aid in the execu-
tion of the laws. There is reason to believe that
Governor Young has long contemplated this result.
He knows that the continuance of his despotic
power depends
upon the exclusion of all settlers
from the territory except those who will acknow-
ledgehis divine mission, and implicitly obey his
will, and that an enlightened public opinion there
would soon prostrate institutions at war with the
laws both of God and man. He has, therefore, fir
several years, in order to maintain his in-
dependence, been industriously employed in
collecting and fabricating arms and munitions
of war, and in disciplining the Mormons for
military service. As superintendent of Indian
affairs he has had an opportunity of tampering
with the Indian tribes, and exciting their hostile
feelings against the United States. This, according
to our information, he has accomplished iu regard
to some of those tribes, while others have remained
true to their allegiance, and have communicated his
intrigues to our Indian agents. He hes laid in a
store of provisions for three years, which, in case
of necessity, as he informed Major Van Vliet, he
will conceal, and then take to the mountains and
bid defiance to all the powers of the government.
A great part of all this may be idle boasting, but
yet no wise government will lightly estimate the
efforts which may be inspired by such freez.ed
fanati, ion as exists among the Mormons, in Utah.
This is the filet rebellion which has existed in our
territories, and humanity itself requires that we
should put it down in such a manner that it shall
be the last. To trifle with it would be to encourage
it and to render it formidable. We ought to go
there with such an imposing force as to con-
vince these deluded.
people that resistance would
be vain, and thus spare the effusion of blood.
We can in this manner best convince them
that we are their friends, and not their enemies.
In order to accomplish this object it will be neces-
sary, according to the estimate of the War Depart-
ment, to raise four additional regiments, and this
I earnestly recommend to Congress. At the pre-
sent moment of depeeision in the revenues of the
country, I am sorry to be obliged to recommend
such measures ; but I feel confident of the support
the
of Congress, cost what it may, in suppressing