Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-12-10

mag add excelIentthat difference between i. not
framed ) ~ ,s Of
preparatory its admission into the Union State mi
been submitted to the people trust however. the
Minnesota soud Be subject the approval on and rati.
hcatien OF the proposed State may followed on future
occasiens TOOK for granted that the Convention AZ
Kansas would in accordance with this example fora
ed as IL principles; and my
70 Gov walker in favor Of submittng the constitution to
the people expressed IN general unqualified terms
In the Kansas Nebraska act, however this
az applicable the whole constitution
ed aud the convention not bound by its terms Ia
st other portion OF the instrument 10 an election
that which relates the Domestic institution Of
This will be rendered clear by simple reference
guage. 1t to lsgislae Slavery into any T.rrorv
or state exclude IL terfron. but to leave me nso
pie thereof free to regulate their domestic
tons in their way. According the psir eonsrne
ton OF the sentence the words domestic institutions
Eect they have appropriate reference to Slavery
domestic institutiops are limited family The raa
tie between master and slave and few other, are sal,
site institutions, and entirely distinct from nsn
TIC Is OF political character Besides there was no
'ci then before Congress- indeed has there
ser isus que son before the people OF Kansas or the
except that which relates TO the domestic 81
sIayery. "
The Convention after angry and excited debate
~ Determined. by majority Of only two 10 submit The
question ofSavery the people, though nj last
Of the fifty delegates present affixed their signatures to the
constitution. 49,, s*,s... - 'D'
A large majority Of the convention were :, :,
sabispng Slavery in Kansas They accordingly inserted
article in the constitution for this pnrnoss s;n,;i a.
form to those which had been adopted By
conventions In the schedule however providing for the
transition from Territorial o State Goyernmsnt III
question has been fairly and explicitly referred to t
Slavery" IL declares that before the Co,,.tor
shal be sent to Congress for admission into the non
state an election shall be held be held to decide th
question, at which all the white az he
ritory above the Of II entitled to vote They ar,
70 vote by ballot aud the ballots at election shat
De endorsed Constitution with slavery and CONSTITUTED
with slavery" If there be majority in favor Of ,b
onsntion with slavery then IL is 10 be transmitted /,
Congress by the Pre- dent of the Convention in i,s
torm II the contrary, there shall be maory ~ 4,
vor of the "Consttuton with slavery, .the, the ri
Tor slavery shall be stricken from the Const
sutton by the President of the 4 is
dared that no slavery shall exist in the State of
except that the right OF property slaves now in the Ter
ltory snail IN no manner be interfered with and in tina
event it is made his duty have the on TIM.
NED transmitted to Congress Of the United States for In
admission OF the State into the Union = : :, ~
At this election every citizen will have an
expressing his opinion by his vote whether Kansas shall h
received into the Union with without slavery TIM
me exciting question may be peacefully settled in the yer
mode required by the organic law The election viii +
ned under legitimate authority, and any portion OF tn
Inhabitants shall refuse vote fair oDpertuny to a
so having been presented this viii be their own
ae and they alone will be responsible for consequent
Whether Kansas shall be a free or ava s,.,s r. -
tualy under some authority be decided by an election
ana The question can never be more clearly or d
presented to the people than is the present moment
souid this opportunity be rejected she NAV be for
IN domestic dscord and possibly in civil war be,ors .h
eau again maze up the issue
ana again reach the point she has already gained
nansas mas for some years occupied too much of tn
PUBIC atenti.r II is high time this should be directe
more Important objects When once admitted into tn
Union, whether with without slavery the excitem,n
geyona ner own limits will speedily pass away and vii
as Tor the first time, LETT as she oupht 10 h.e
long since, 70 manage her own afirs In her own way
nr constitution on the subject OF slavery or on any oths
subject be dspleasng majority OF the peepe no b
man power can prevent them from changing il within
BRIEF period. Under these cireunists noes IL ma a n
whether the peace and quiet Of the whole
! .Hatt
Of either OF the political parties in Kansas } --1''
should the Constitution without slavery h
adopted by the votes of the majority, the right
OF property in slaves now in the TERRITORY ar
reserved. The number of these is very small
out II 1t were greater, the provision would b.
| equally just and reasonable These slaves wer
brought into the Territory under the Constitu
non OF the United States, and are now the prom
erty OF their owners. The point has at length
been finally decided by the highest iudicia
tribunal fthe country---and this upon the plai,
principle that when a confe,ieracy of sovereign
states acquire new Territory at their ioin
expense, both equality and justice demand tina
| the citizens of one and all of them shall hav,
the right to take into it whatever is recornizet
| as property by the common Constitution. T,
have summarily confscated the propertv il
slaves already in the Territory, would hay,
been an act OF gross injustice, and contrary t
the practice Of the older States Of the Unior
which have abolished slavery
Territorial government was established 70,
Utah by an act of Congress approved the 9Th O.
september, 1901, and the Constitution and law
of the United States were thereby extended oyel
it g so far as the same or any provision thereo
may be applicable. This act provided for tn,
appointment by the President, by and with the
advice and consent of the Senate, of a Governor
who was to be ex-offieio superintendent of Indi
an affairs, secretary, three judges of the su
preme court, a marshal and a district attorney
Subsequent acts provided for the appointment
of the officers necessary TO extend our land and
our Indian system over the territory. Brigham
Young was appointed the first governor OH the
2Oth OF September, 1850. and has held the Office
ever since Whilst Goxernor Young has beer
both governor and superintendent of Indian af
fairs throughout this period, he has been at til,
same time, the head of the church called tht
i'atter-Day Saints, and processes to govern
It's members and dispose of their prop
erty by direct inspiration and authority from
the Almighty. His power has been, therefore
absolute over both church and state. 81
The people of Utah almost exclusively belong
to this church, and believing with fanatica
spirit that he is Governor of the Territory
by Div inc appointment, they obey his command.
as II they were direct revelations from Heaven
shall come into collision with the government ot
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 minute history of occurrences
it is sufficient say that all the officers of the
United States, judicial and executive, with the
single exception of two Indian agents, have
found il necessary for their own personal safety
to withdraw from the Territory, and there no
longer remains any government in Utah bat the
despotism of Brigham Young. This being the
condition of affair in the Territory, | could moi
mistake the path of duty. As Chief Executive
Magistrate, was bound to restore the suprem-
acy OF the Constitution and laws within its linn
it's In order to effect this purpose. | appointed
a new Governor and other federal officers for
Utah, and sent with them a military force for
their protection and to aid as q posse consifatuS
in case of need in the execution of the law
With the religious opinions of the Mormons.
as long as they remained mere opinions, however
deplorable in themselves and revolving te the
neral and religious sentiments of all Christen-
dom, had no right to interfere. Actions alone
when in violation of the Constitution aud laws
Of the United States become the legitimate snb-
ects for the jurisdiction of the civil magistrate.
Ny instructions to Governor Cumming have
these principles. AT their date hone was en-
tertained that no necessity might exist for en-
ploying the military in restoring and maintain
ing the authority of the laws; but this hope has
now vanished Gov. Young has, by proclama-
ton, declared his determinationto 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 rebellion. He has
committed these acts of open hostility. notwith-
standing Major Van yliet an officer of the army
sent TO Utah by the commanding general to
purchase provisions for the troops, had given
him the strongest assurance Of the peaceful
intentions of the Government, and that the
troops would only be employed as a pose conf
toius when called on by the civil authority to
aid i'm the eyeclltion Of the laxxs