Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-12-12


to the irresistible will OF the majority.
The friends and the supporters of the Kansas and
Nebraska act, when struggling on a recent occasion
10 sutein its wise provisions before the great tIihu-
nal otthe American peol le never differed abo ut its
strue fneaening on this subject. Everywhere thro'-
out the Union they publicly pledged their faith and
their honor, that they would cheertully submit the
question OF slavery to the decision of the bona tde
people of Kansas, without any restriction or nua-
fcaton whatever. All were cordially united upon
the great doctrine OF popular trtignty, which is
the vital principle of our free Institutions Had il
then been nsinuated from any quarter that it would
hca sufficient 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 10 substitute their own
will for that of legally aseeTtaned majority of all
their constituents, this would have been instantly
rejected Everywhere they remained true to the
resolution adopted a celebrated occasion receg
nisng the right of the people Of all Territories
! including Kansas and Nebraska acting through
the legally and fairly expressed will of the majority
Of actual residents, and whenever the number Of
their nh biesnts iusfes it, to form constitution.
with or without slavery. and be admitted into the
Union upon terms of perfect equality with the 9th
er States.
The convention to frame constitution for Kan.
met on the first Monday of September last. =
They ere called together by virtue of an act OF
i the territorial legislature, whose lawful existence
had been recognized BIZ Congress in different forms
aud by different enactments. large proportion
fsnfhe citizens OF Kansas did not think proper to
register their and to vote at the election tor
delegates nut an opportunity TO 90 THIS having
been fairy offered their refusal to avail themselves
eUf their right could IN no manner affect the legality
of the convention
This convention proceeded to frame constitu-
ton for Kansas, and finally .pdjonrncd on the III,
day OF Ncrember. Bat little difficulty occurred Il,
ithe corr entien, exception the subject of slavery
9fhe truth is that the general provisions Of
cent State constitutions are so enilsrAand, / may
add, excellent tbatrthe Florence between them
is not essential Under the earlier practice of the
government nocoEstftution framed blythe convcn-
ton OF Territory preparatory to its admission in
to the Union asa State had BEEN Submitted t. die
people. trust however, the example set BIZ the
last Congress, requiring that the constitution oil
Minnesota should be subject to the approval and
ratification OF 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, founded, it is,
on correct principles and hence my instructions To
Governor Walker, in iaverof submitting the con
stitution to the people, were expressed III general
aud unqualified terms.
.-lilsthc &kansas Nebraska act, however this
'qnirement, applicable to the whole constitu lou,
had net been inserted, and the convention
not bound by its terms to submit any other portion
OF the instrument TO election, except that which
relates to the ''domested institution OF slavery
This " i'll be rendered ciesi bp-a sinfte feurtIcc tn
is languGge. Vt mot to legslate slavery into
any TerritorT or State, nor 30 excode il there
from, but tolcaye the people thereof pereetly free
n fern and regulate their domestic Institutions IN
their own way According to the plain const,uc-
ton Of the sentence the words domestic institu-
5tinns' have direct as theg have an appropriatc
reference to slavery. ..Domestic institutions are
limited to the fsm+iv. Ttle fe# ton between mas
ter and slave aud few others domestic insii-
trtoIis' and are entirely distinct from institutions
Of n political character. Besides, there
uesttnn tsfen before Congress, nor indeed has there
been any serious question before the people OF
"a ansas or the country. except that which relates
p the domestic Institution of sa rery.
~ The eonveation, after angry and excited de
aate, finally determined, by majority OF only two,
to submit the question OF slavery To hissrcnlla.
thaugha the last forty three 81 the ttty eeegalra
present affixed their signatures sn the constitution.
\ lafge majority OF the convention were IN favor
of establishing Al.very in ksnsas. hey aecor@
dinghy inserted IN article tie constitution lor
this purpose similar in form to those which ha
been adopted by other territorial conventions. In
the schedul'. however, providing tur the transition
p rom territorial TO State government, the gu
ton has been fairly and explicitly referred to the
people, whether they WI hgse t. constitution with
or without slavery. 1t declares that, bcp ore the
constitution adopted bs the convention ..shaIl b.
; sent &c Congress Tor admission into the Union y
State,e elcct shal BIZ held to- d ,cide tins
question: at which all lc white mse luh3fh aats uf
the Territory above TIE age 81 Il are entitl Il II
vote. They 10 vote by ballot AID eth bal
lots cast at said election shs2l be endorsed cgn-,
tuition with slavery, and constitution with rs
slavery" II there be majority in favor oi tho
constitution with slsvcry, ther il il to BE-
mi.'cd 20 Congress b. the president the convene
etienn its original f.in- II, the contrary. thcle
shaN he majority fn-ierct q the ''cnusl tuition
with no slavery, ''tlen The prtiele providing tut
slavery shat be stricken from the constitution lFs
the president of this eonsepti"n;' Fhd II il rs
pr,'seiN declared that mo slavery a,fs ext. in Tire
state oil Kansas, except that ne right ef pee9erte
in slaves. IN rie Territory shalt in no manner
be iutericred " 1T - and ia that event il Is nsds-
shis JptF ohane the constitution this ratified traus=
mittrd 10 tue Congress OF the United States for the
admission Of the STATE into the Union.
- this election every eitz wiz have an opportu-
nifty of EXPRESSING his opinion b, his vote eWhath
Kansas shat be received into the Union " Tia ur
txi slavery and tim. tS
may be peacefully settled IN the very made requl-
red by the organiea law. rts election will b, he'll
nndcr legitimate authority, 'sii@ ifauy portion IT
the inhthitrm's sha ref'tse ~ vote, 4ar oppoItu
nifty to do 81 hs'Fng scen presented, this will lie
their own voluntary act, and they alone will be
Dslsillc for the consequences.
Whether Kansas shall be free ora slave State
must eventually ,nnJer SOME authority de decided
hv election rss3 Ahe ttncsfiefoan never be more
ret.alyer distinctly presented to the people THAI
is al the present moment. Should this oppoftuni-
~ be rejected, she may be involved io years In =
nestle dis eofd and possibly in civil war, before she
again make up the issue now so fortunately
rendered, and again reach the point she has arca
dy attained.
Kansas lies for some yeSrs occupied too much OF
All. pabhcsstentin. leis high tius this should've
directed to lar more npVltant objects. Whom
admitted into the -Inas, whether with or
without sla cry, the eseftcr~ - aAyond her awn
limit viii speedily pass away, md She viii then tor
the hrst time We let, he ought to have been inny
since to mnnsge her own affairs in her own way
any other subject, be displeasing 10 urajorty of
the people, no human power cah ptevept them from
changing it within brief period. Under these
circumstances, it may well be questioned whether
che peace and quiet oi the whole country not N
greater imp0r lance than the mere temporary tn
unph ot either Of the political parties n kahsss.
Should the constitution with tut slFv0rF be adopL
ted by the votes OF the majority The lights oi prop
ertv in slaves now in the Territory reserved.
Eie plumber OF tbeseis very emall but il ii were
greater the provision =we'sid be equally just and
reasonable. These slase,,wefe brought hto the
Territory under die constitution Of the United
States. and now the property Of their masters.
Hhis point has III length been finally d, cided by the
highes. sudicial tribunal OF the country --and this
upon the plain principle that when confedefaey
OF sovereign States acquire new territory a their
joint expense both equality and justice demand
that The citizens 81 one ard ~ OF them shall have
the right to ia it whatsoever recognized
propert, by the common constitution. 70 saH
sumnaiiy connseated Inv property in slaves alrea.
gross injustice, and contrary to the practice If the
cider states OF the Union which have abolished
slavery.
A territorial government was established fot Utah
By act of Congress approved the 9th of Sept 1886,
snd the CONSTITUTION and laws OF the t. States wer-s
thereby extended over it $50 tar the same
any provisions thereof, may be applicable This
act provided for the appointment by the President
BY and with the advice and consent 0. the Senate,
uf Il governor, whe waste be ex-ofeio saperinten-
dent OF. Indian affairs, secretary, three Judges {
tsle supreme court, MARSHAL and district stttor-
ney. Subsequent acts provided for the appoint
ment of the officers necessary to extend land
our Indian system over the territory. Brigham