The Burlington weekly hawk-eye. [volume] (Burlington, Iowa) 1857-1858, 1857-12-16

Il
usr+s ~ eses1iaE - NE piaia cons8sncss!1 y
Iahe assaener, slse uord@ ..domsssic insiitssiene
sncs y sl4yea1y. aDomsssic inrtss.ios.* =
lfmite1 u ~ family, The relation h<tseel
maslsf and slave and ! ~ elders ars '-domel
tlc thstiauticn1,~ and aso entirely dinenct iron
sinstitnfiOns 0f I polisical ehasac.e Besides
there rs no Qi1esdon shea before Cuoxssss, no
indeed has there since been Any ssrie1s qu4a
| tioa befose to pecpas Of Kansas - NE cOunts
|sexceps shat which pelAlcs 70 The |dssssssic II
ssisutinns " ialavesy. 80 tsffs 4s4f f4sasftsr Il
The Conventos, after 40 angry and excite
debate, finally dssesuiAed, 81 majority u; enl
two, 70 ssbasis the question u slavery 70 ~
people, though u the hast iorty-thres q 81
fifty delegates present atdxed their signatures 7
the Constitutes. :, s4sF
4 A larre majority Of tho Convention were i
favor III establishing slavery ID Kansas. The!
accordingly Inserted an article n the Constitu
ftion for this purpose similar ia form to thos'
which md been adopted BY Other Territoria
Conventions. In the schedule, however, pro
sidine f0r the transition from Territorial 70 I
1 State govefnnsns, sAs qasstlon hrs bees iairly
end explicitly ssferSed 70 fihe people, whether
they will have Constitution with or without
slavery" It declares thai, before the COusti
stution adopted BY the Convention stthail b sent
80 Congress for admission into the URiOn A. 4
State,n an election shall be held 70 decide this
quession, &c which all the white male inhabit-
ants of the Territory above the age q - ere
entitled 70 vote. They are entitled % vote BY
ballot; and .'the ballots cast y said election
shah Be endorsed Constitution With Slavery,
and Constitution with no Slavery If there
be : majority IN favor OF the 'sConstitution VIII
Slavery" then il ID to be transmitted to Con-
gress BY the PresideAt Of the Convention il it,
original form. II, on the contrary, there shall
no Slavery .sthen the article providing for
slavery shall be stricken from the Constitution
BY the President Of this Convention" and II Is
expressly declared chat mo slavery shall exist
In tho State Of Kansas, except thasthe right Of
property In slaves now IN the Territory shall in
10 manner. be iaserfefed with;' and In that
event it IL made hin duty TO- have the COnstitn-
ton thus ratified tranMuitsed 70 the Congress of
the Quilted States Tor the admission Of the State
into the Union. .94s4 NIL .4 ii 8sI4Assa n
At this election every citiaeu will hare m
opportunity Of expressing his opinion BY his vote
whether Kansas shall be received into the
Union nth Or without 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 legitimate authority,
and II any portion Of. the inhabitants shall re
fuse to vote, fair opportunity 70 do 50 having
act, and they alone will be responsible for the
Consequences. byf1 En- sl-iEya ast g
Watcher kansas shall be free or slave State
must eventually, under some authority, be de-
cided by an election; and the question can
never be more clearly or distinctly presented TO
the people than it y 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 OBJ
jccts 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 rst time be left, she
ought to have been long since, to manage her
own affairs in her own way. II her constitution
on the subject Of slavery, or on any other sub
ject, be dispeasing to majority Of the people,
no human power can prevent them from chang
ing it within brief period Under these cir
it may well be questioned whether
the peace and quiet Of the whole country are
not of greater importance than the mere tempo
rary triumph OF either Of the political 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 is very small
but If 1t we're greater the provision would be
equally just and reasonable. The slaves were
brought into the Territory under the Copstitu-
tion Of the United States, and are now the pro-
perry of their masters. This point has at length.
been finally decided by the highest judicial tri-
bunal Of the country--and this upon the plain
principle that when confederacy Of sovereign
States acquire new territory at their joint ex-
pense, 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
as property by the common constitution. To
have su,nmarly confiscated 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. M
A territorial government was established for
Utah BY act OF Congress approved the 9Th Sep
TENDER, 1850, and the Constitution and laws OF
the United States we're thereby extended over
it 80 lar as the same, or any provisions there
Of, may be applicable" This act provided for
the appointment by the President, by and with
the advice and consent Of the Senate, Of Gov
Of Indian Affairs, q Secretary, three Judges OF
the Supreme Court, Marshal and District
Subsequent acts provided for the
appointment Of the officers necessary to extend
our land and our Indian system over the Terri
tory. Brigham Young vas appointed the FIRST
Governor on the Goth September, 1850, and has
held Office ever since. Whilst Governor Young
has been both Gov. and SUPERINTENDENT Of Indian
Affairs throughout this period, be has been at
the same time the head Of the church called the
Latter Day Saints, and professed to govern it's
members and dispose Of their property by direct
inspiration and authority from the Almighty.
His power has been, therefore, absolute over
both Church and State.
The people Of Utah, almost exclusively, be-
long to this church, and believing with fana-
teal spirit that he ia Governor of the Territory
by divine appointment, they obey his commands
az If these were direct revelations from Heaven.
II therefore, he chooses that his government
shall come into collision with the government
Of the United States, the members Of the Nor
mon Church will yiel implicit obedience to
his will Unfortunately, existing facts leave
but little doubt that such is his determination.
Without entering upon minute history Of oc-
currences it is sufficient to say that all the 9th
GERS of the United States, Judicial and execu-
tive, with the single exception Of two Indian
agents, have found it necessary for their own
personal safety to withdraw from the Territory,
and there no longer remains any government
in Utah but the despotism Of Brigham Young
This being the condition Of affairs in the Terri
tory, could not mistake the path of duty. As
Chief Executive Magistrate, was bound to
restore the supremacy Of the Constitution and
laws within the limits. In order to effect this
purpose, appointed new Governor and other
federal officers for Utah, and sent with them .
military force for their protection, and TO aid IS
: posse eomitat1s, in case Of need. in the execu-
ton Of the laws. - 4.
With the religious opinions Of the Mormons.
- long as they remained mere opinions, how
ever deplorable in themselves and revolving to
the moral and religious sentiments Of all Chris
,endom, had no right to interfere. Actions
alone, when in violation Of the Constitution
and laws Of the United States, become the legi
innate subjects for the jurisdiction Of the civi
magistrate. Ny instructions to Governor Cum
ming have therefore been framed in strict &C
cordance with these principles. At their DAFT
hope was INDUCED that no necessity nigh
exist for employing the military in restoring
and maintaining the authority OF the law Blu
this hope has not vanished. Governor Younl
has, by proclamation, declared his determine
ton to maintain his power by force, and ha
~lready commitfed Mrta Of hOsfiitv against eht