Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1857-12-19

be subject 70 the approval and rati1cat ion 81
the people Of the proposed State" may be
followed on future occasions. / took it for
granted that the convention of Kansas would
act in accordance with this example, found
ed, as it is, on correct principles; and hence
my instruction to Gov. Walker, in favor of
submitting the constitution to the people,
were expressed in general and unqualified
terms.
In the Kansas Nebraska act, however,
this requirement, as applicable to the whole
constitution, had not been inserted, and the
convention were not bound by it's terms to
submit any other portion of the instrument
to an election, except that which relates to
the 6 domestic institution of slavery. This
will be rendered clear by single reference
to its language. 1t was "not to legislate
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" According to the plain construction
of the sentence, the words Sc domestic insti-
tutions " have direct as they have an ap-
propriate reference to slavery. "Domestic
institutions" are limited to the family
The relation between master and slave and
few others are ssdomestic institutions -
and are entirely distinct from institutions of
political character. Besides, there was no
question then before Congress, nor indeed
has there since been any serious question
before the people of Kansas or the country,
except that which relates to the &c domestic
institution y of slavery.
The convention, after an excited and an
cry debate, finally determined, by MAORI
ty of only two, to submit the question of
slavery to the people, though at the last 43
of the so delegates present affixed their sig
natures to the constitution.
A large majority of the convention were
in favor of establishing slavery in Kansas
They accordingly inserted an article in the
constitution for this purpose similar in form
to those which had been adopted by other
territorial conventions. In this schedule,
however, providing for the transition from
Territorial to State government, the
question has been fairly and explicitly re-
ferred to the people, whether they will have
a constitution "with or without slavery. !"
1t declares that, before the constitution adop-
ted by the convention Z" shall be sent to Con-
gress for admission into the Union as a
State" an election shall be held to decide
this question, at which all the white male
inhabitants of the Territory above the age
Of 81 are entitled to vote. They are to vote
by ballot; and i" the ballots cast at said
election shall be endorsed constitution with
slavery and constitution with no slave
ry.'" If there be a majority in favor of the
&C constitution with slavery" then it is to be
transmitted to Congress by the President of
| ~ II I
the contrary there shall be a majority in ia
vor Of the &c constitution with no slavery -
6 then the article providing for slavery shall
be stricken from the constitution by the
President of this convention - and it is ex.
pressly declared that " no slavery shall ex-
ist in the State of Kansas, except that the
right of property in slaves now in the Ter
ritory shall in no manner be ,interfered
with )" and in that event it is made his du-
ty 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
opportunity of expressing his opinion by his
vote, whether Kansas shall be received into
the Union, with or without slavery, and thus
the exciting question may be peacefully set.
tied in the very mode required by the organ
ic law.
The election will be held under the legiti.
mate authority, and if any portion of the
Inhabitants shall refuse to vote, fair OPP
portunity to do so having been presented,
this will be their only voluntary act; and they
will alone be responsible for the consequent
ces. Whether Kansas shall be free or
slave State, must eventually, under some
authority, be decided by an election, and the
question can never be more clearly presen-
ted to the people than it is at tho present
moment. Should.this opportunity be neg
lected, she may be involved for years in do
nestle discord, and possibly in civil war
before she can again make an issue now SO
fortunately rendered, and to gain the point
| she has already attained. Kansas has for
some years occupied too much public atten-
ton. 1t is high time this should be directed
to far more important objects.
When once admitted into the Union, wheth-
err with or without slavery, the excitement
beyond our limits will speedily pass away
and she will then for the first time be left as
she ought to have been long since to manage
her own affairs in her way. If her Constitu-
ton 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 within a brief period. =
Under these circumstances it may be ques-
| toned whether the peace and quiet of the
whole country arc not Of greater importance
than mere temporary triumph OF either of
the political powers in Kansas. Should the
Constitution without slavery be adopted by
the votes of a majority, the rights OF proper.
ty in slaves now in the Territory are
reserved. The number of these is very
small, but if it were greater, the pro.
vision would be equally just and rea-
sonable. These slaves were brought into
the Territory under the Constitution of the
United States, and are now the property of
their masters. This point has at length
been finally decided by the highes: judicial
tribunal of the country, and this upon the
plain principle when confederacy Of SOW
ereign states acquire new territory at their
joint expense, but equality and justice de-
mend that the citizens of one and all of them
shall have the right to take into it what.
ever is recognised as property by the COM
mon Constitution. To have summarily confs-
Gated 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.
A territorial government was established
for Utah by act of Congress approved the
9th of September, 1850, and the Constitu-
ton and laws of the United States were
thereby extended over it $50 far as the same
or any provisions thereof, may be app!ica-
ble." This &C. provided for the appoint
ment by the President, by and with the ad
vice and consent of the Senate, of Cover
nor, who was to be ex- officio superintendent
of Indian affairs, Secretary, three Judges
of the Supreme Court, Marshal, and a
District Attorney. Subsequent acts provi-
ded II the appointment of officers necessa
ry to extend our land and our Indian sys-
to,no oyor tho Torr;tory Ryirham Vonnr