The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-09


the votes given for the former but " leave large
majority Of the whole people in direct opposition TO ma
ority u the delegates Besides, history that
influences may be brought to bear the representative
sufficiently powerful TO induce him 70 disregard the will
Of his constituents The truth w. that no other authentic
and satisfactory mode exists OF ascertainng the will OF
majority Of the people Of state Territory on an i'm
portant and exciting question like that Of savary in Kan
sas excep, by leaving il to a direct vote. How wise,
then for Congress pass over all subordinate and
intermediate agencies, and proceed directly TO the source
of all legitimate power under our institutional
How vain would any other principle prove in practice,
This may be illustrated by the Of Kansas Should
she be admitted into the Unon with constitution either
maintaining or abolshng slavery against the sentiment
Of the people, this could have other effect than TO
nue and to exasperate the existing agitation during the
brief period required TO make the constitution conform to
the irresistible will Of the majority.
The friends and supporters Of tnc Nebraska and Kansas
act when struggling q recent occasion TO sustain its
wise provisions before the great tribunal of the American
people, differed about its this sub
pledged their faith and their honor that they would cheer
fully submit the question Of slavery the decision Of the
bona dc people OF Kansas without any restriction qua
hncation whatever All were cordially united upon the
great doctrine of popular sovereignty which the vital
principle Of our free institutions Had been nsinuaed
from any quarter that would be sufficient compliance
with the acquisitions Of tho organic Law for tho members
Of convention thereafter 10 be elected to withhold the
question Of slavery from the people, and their
will for that Of legally ascertained majority all
their constituents, this would have been instantly reject
ed. Everywhere they remained true to the resolution
adopted on celebrated occasion recognizing the right
Of the people Of all tho Kansas and
Misunderstanding through the legally and fairly
tho number of their inhabitants justies it, to form
constitution with or without slavery, and be admitted
other States
The Convention to frame constitution for Kansas met
on the first Monday Of September last They called
together by virtue OF act of the Territorial Legislature
whose lawful existence had been recognized by Congress
in different forms and by different enactmens. large
proportion Of the citizens Of Kansas did not think proper
to register their and to vote at the election for
delegates; but an opportunity to do this having been
fairly Afforded their refusal to avail themselves Of their
right could III manner affect the legality OF tho
Convention.
This convention proceeded TO frame constitution for
Kansas and finally adjourned the 7th day af Novem
ber But little difficulty occurred In the convention,
cept on the subject Of slavery The truth is that tho
general provisions of recent state constitutions
similar-and l may add, 80 exceept-that the dire-
between them is not essential Under the earlier
practice Of the government constitution framed by
the convention Of Territory its admission
into the Union State had been sn omitted the peo-
rress. reanring that the cons,,u,ion Of Minnesota
shoud be subject to the approval and ratification Of the
people Of the proposed State be followed future
occasions. took II for granted that the convention of
Kansas would act in accordance with this example, found
cd as Is, on correct principles and hence my nsruc
tons 10 Governor Walker, in favor OF submitting the
stiuon to the people expressed in general and
qualified terms.
In the Kansas Nebraska act however this requirement
applicable to the whole constitution had been in
serted and the convention not bound by its terms
TO submit any other portion Of the instrument TO cleo
ton except that which relates TO the "domesc nsttu
ton of slavery This will be rendered clear by simple
reference to its language was ono, 10 lcgslae slavery
but to leave the people thereof perfectly free form and
regulate their domestic institutions n their way"
According 10 the plain construction OF the sentence, the
words "domestc Institutions have direct as they have
appropriate reference 10 slavery. "Domesuc nstitu
tons are limited to the family The relation between
master and slave and few others ''demesc nstitu
tons, and are entirely distinct from institutions OF po
cai character. Besides there question then be
fore Congress nor indeed has there since been any
rous question before the people Of Kansas the country
except that which relates to the domestic institution" Of
slavery
The Convention, after angry and excited debate,
finally determined, by majority OF only two, To submit
e o. % S sns peOpe osgn a. % se @
| natures to the constitution.
large majority Of the Convention we're in favor Of
establishing slavery In Kansas. They accordingly in
serted an article in the constitution for this purpose sm
lar in form to those which had been adopted by other
Territorial conventions. In the schedule, however, pro-
vding for the transition from Territorial a go
vernmen the question has been fairly and explicitly re-
ferred 10 the people whether they will have constu
ton with or without slavery" II declares that before
the constitution adopted by the Convention shall be sent
10 Congress for admission into the Union a STATE
election shall bo held TO decide this question: which all
the white male inhabitants OF the Territory above the age
and "tbe ballots cast at said election shall be endorsed
constitution with slavery and constitution with
slavery" If there be majority in favor Of tho "con-
stuton with slavery" then IL ia TO be transmitted 10
Congress by the President OF the Convention original
form IT, on the contrary, there shall pe majority in
favor OF the "constituon with slavery" then the
article providing for slavery shall be stricken from
constitution by tho President of this Convention and II
is expr, ssy declared that no slavery shall exist in the
State Kansas except that the right Of property slaves
now In the Territory shall in be ntorfercd
with and in that event is made his duty 10 have the
constitution thus ratified transmitted 10 tho Congress ~
tho United States for the admission Of the state INTO the
Union.
A. this election every will have an opportunity
Of expressing his opinion by his vote "whcthcr Kansas
shall be received into the Union with without slavery
In the very mode required by the organic law The elec
ton will be held under legitimate authority aud II any
portion Of the inhabitants shall refuse TO vote, fair
portunity 10 do 50 having been presented this will be
their own voluntary act and they alone viii be respons
| hle for the consequences.
whether Kansas shall he free slave State must
eventually under some authority, be decided by
election, and the question be clearly
distinctly presented the people than at tho present
moment should this opportunity b. rejected, she may
be involved for years in domestic discord and possibly
civil war before she can again make up the issue now so
fortunately rendered and again reach the pont she has
already attained.
Kansas has for some years occupied too much of the
public attention. II s high time this should be directed
10 important objects When once admitted into
the Cnon whether with without slavery, tho excite
mcnt beyond her limits will speedily pass away,
shc will then for the first time be left she ought 10
have been long since, 70 manage her affairs her
own way her constitution tho subject of slavery
any other subject be dispcasng majority of
| the people no human power prevent them from
changing within brief period. Under these circum
stances may well be questioned whether the peace and
quiet OF the whole country not o greater importance
than the mere temporary triumph OF either Of the polu
should the constitution without slavery BE- adopted by
the votes Of the majority tho rights OF property slaves
Is very small but greater the provision would
be equally just and reasonable. These slaves were
brought into the Territory under the constitution Of the
United States and the property of their masters
This pon, has at length been finally decided by the s
est judicial tribunal OF the oountryand this upon The
plain principle that when n confedcracy sovereign
states acquire territory their expense both
equality and justice demand that the citizens Of and
all Of them shall have the right n take uto whaso
ever y recognized property by the common consttu
ton To have summariy conhscatcd the property in
savp already the Territory would have been at nf
gross injustice and contrary the practice OF the older
states of the Union which have abolished slavery.
rKRRrruRy--HF MORMON WAR.
tcrrtoral government established tor Utah by
az Of Congress approved the 9TH september 1850 and
the constitution and laws OF the United states there.
BY extended over $50 far the same, auy proyi.
sons thereof, may he applicable" This provided for
the appointment by the President by and with the ad.
vice and consent of the Senate Of govcrnur who
10 be gfca Superintendent OF Indian Aaasrs,
iary three Judges OF the supreme Court Mrsha and
District Attorney. Subsequent acis provided for tho ap
poinment OF the officers necessary 10 extend land
and Indian system the territory. Brigham
Young appointed the first governor tho Goth Sept