New Orleans daily crescent., 1857-12-15


the Union they publicly pledged their faith and their
honor, that they would cheerfuly submit the ques.
ton of slavery to the decision of the bona e people
of Kansas, without any restriction or qualification
whatever. All were cordially united upon the great
doctrine OF popular sovereignty, which Is the vital
principle Of our free institutions Had 1t chen been
insinuated from any quarter that it would be suff
cent compliance with the acquisitions Of the organic
law for the members of convention, thereafter to
be elected to withhold the question Of slavery from
the people, and to substitute their ewn will for that of
legally asoertained majority Of all their constituents
this would have been instantly rejected. Everywhere
they remained true to the resolution adopted on q
celebrated occasion recognizing the right Of the peo
braska- through the legally and fairly-ex
pressed will Of majority Of actual residents and
whenever the number Of their inhabitants jusfes it,
to form Constitution, with without slavery, and
be admitted into the Union upon terms OF perfect
equality with the other States.
The convention to frame constitution for Kansas
met on the first Monday Of September last. They
called together by virtue OF an act OF the Terrific
rial Legislature. whose lawful existence had been re-
cognzed by Congress in different forms and BY differ
ent enactments large proportion of the citizens
Of Kansas did not think proper to register their names
and to vote at the election for delegates but an op
portanity to do this having 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 constitution
for Kansas, and finally adjourned on the 7th day of
November. But little difficulty occurred in the con-
vention except on the subject of slavery The truth
is that the general provisions of our recent State
constitutions are so similar and, may add, eX-
cellent - that the difference between them is not
essential Under the earlier practice OF the Govern
ment no constitution framed by the convention OF
Territory preparatory to its admission into the Union
as State had been submitted to the people. trust,
however, the example set by the last Congress- re-
quring that the constitution of Minnesota should be
sEn.k 80
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,
founded, as it is, on correct principles; and hence
my instructions to Gov Walker, in favor Of submit
ting the constitution to the people, expressed in
general and unqualified terms. ~
In the KansasN ebraska act, however this require
mept as applicable to the whole constitution. had not
been inserted, and the convention were not bound by
its terms to submit any other portion of the insru
ment to an election except that which relates to the
domestic institution Of slavery. This will be rem
dered clear by single reference to its language. 1t
was snot to legslate 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" Ac-
cordlng to the plain construction OF the sentence,
the words domestic institutions have direct as
they have an appropriate reference to slavery "Do-
mestic institutions are limited to the family. The
relation between master and slave and few others
are domestic Institutions and are entirely distinct
from institutions Of political character. Besides,
there was no question then before Congress- nor in
deed has there since been any serious question before
the people Of Kansas or the country, except that
which relates to the domestic institution of slavery
The convention after an angry and excited debate,
finally determined by majority Of only two, to sub.
nit the question of slavery to the people, though at
the last fortythree of the fifty delegates present
affixed their signatures to the constitution.
A large majority of the convention were in favor
of establishing slavery in Kansas They accordingly
similar in form to those which had been adopted by
other territorial conventions. In the schedule, how
ever providing for the transition from territorial to
State government, the question has been fairly and
explicitly rererred to the people, whether they will
have constitution with Or without slavery" 1t
declares that before the constitution adopted by the
convention shall be sent to Congress for admission
into the Union State, an election shall be held
to decide this question: at which all the white male
inhabitants of the Territory above the age of q are
entitled to vote. They are to vote by ballot and
"the ballots cast at said election shall be endorsed
Constitution with slavery, and constitution with no
constitution with slavery" then it is to be trans
mitted to Congress by the president of the conven.
ton in its original form. IT, the contrary, there
shall be majority in favor Of the constitution with
no slavery, then the article providing for slavery
shall be stricken from the constitution by the presi
dent of this convention ~ and it is expressly declared
that no slavery shall exist in the State of Kansas,
except that the right property in slaves now in the
Territory shall in no manner be nterfered with " and
in that event it is made his duty to have the cOnsttu
ton 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 opinion by his vote whether
Kansas shall be received into the Union with or with
out slavery, and thus this exciting question may be
peacefully settled in the very mode required by the
organic law. The election will be held under legiti-
mate authority and if any portion of the inhabitants
OH tn Upfa nTnn tv aviN IN
been presented this will be their own voluntary act,
and they alone will 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 or distinctly presented the people than it
at the present moment. Should this opportunity be
rejected, she may be involved for years in domestic
dscord, and possibly in civil war, before she can
again make up the issue now so fortunately rendered
and again reach the point she has already attained
Kansas has for some years occupied too much Of
the public attention. 1t is high time this should be
directed to far more important objects. When once
admitted into the Union, whether with or without
slavery, the excitement beyond her own limits will
speedily pass away, and she will then for the first
time be left she ought to have been long since to
manage her own affairs in her way. If her con-
stituton on the subject OF slavery, any other
subject, be dispeasing to majority of the people,
human power can prevent them from changing it
within brief period. Under these circumstances, it
may well be questioned Wnetner Lne peace ana qulet
of the whole country are not of greater importance
than the temporary triumph of either of the po-
litical parties in Kansas
Should the Constitution without slavery be adopted
by the votes of the majority the rights of property
in slaves now in the Territory are reserved. The
number of these are very small but If it were greater
the provision would be equally just and reasonable.
These slaves were brought into the Territory under
the Constitution of the United Estates, and are now
the property of their masters. This point has at
length been finally decided by the highest judicial
tribunal of the country--and this upon the plain
principle that when confedeacy of sovereign States
acquire 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 recognized property by the common
Constitution. To have summarily coniscated 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 September,
1850 and the Constitution and laws Of the United
States were thereby extended over it, $50 far as the
same. any provision thereof, may be applicable"
This act provided for the appointment by the Presi
dent, by and with the advice and consent of the
Senate, of Governor who to be ex-oicio Super
ntendent of Indian Affairs, Secretary, three Judges
Of the Supreme Court, Marshal and District
Attorney Subsequent acts provided for the appoint
ment of the officers necessary to extend our land and
our Indian system over the Territory. Brigham
Young was appointed the first Governor on the Goth
September, 1850, and has held the office ever since.
Whilst Governor Young has been both the Governor
and Superintendent of Indian Affairs throughout this
rnI hAh hat hany of fha-