The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-17

voted tor 1T. There was majority OF twenty
FIVE for the Constitution, majority of twenty
FIVE against Slavery, and of about forty against
the free-negro clause"
THE LEcoMpToN CONSTITUTION
This paper, which Mr.. Buchanan, it is said,
thinks pre-eminently GOO Constitution, is
published in the Intelligercer of this city. We
cannot spare room for it at present.
1t provides, in relation to the Governor and
Lieutenant Governor, that "thes shall be at
least thirty years of age, shall have been citi-
Gems Of the United States t,centy gears, and
shall have been residents of Kansas at least
five years next preceding the day of election.
Is it the Know Nothing flavor of this provis-
ion that so delights Mr.. Buchanan2
Power is conferred on the Legislature to in.
corporate one bank of discount and issue, but
not more than two branches in other words,
to confer the exclusive privilege of banking
upon a single corporation. And yet, the bill
of rights, part CT the same Constitution, de-
clares that all freemen, when they form a go
cial compact, are equal in rights, and that no
man or set Of men is entitled to erclesice sep
arate public emoluments, or privileges, but in
consideration of public services"
In the bill Of rights it is declared that free
negroes shall not be permitted to live in the
State under any circumstances" Mr.. Douglas,
in his speech on the 18th, remarked that Hi
nois prohibited the immigration of freepegroes,
but did not interfere with these already resident
in the State. This class of persons may at
times become the subjects of oppression in the
slave States, but no State has yet disgraced
itself bysthe cruelty Of driving them out 1t
was reserved for the Leoompton Convention,
SO highly favored by Mr.. Buchanan, to attempt
this internal outrage.
The article in relation to Slavery is as fol-
lows:
"ARTIcLE VII.-,Iarery.
! "SEC. l.: The right of property is before and
higher than any constitutional sas elton, and
the right of the owner of a slave tossuch slave
| and its increase is the same and as inviolabe
as the right Of the owner of any property what
ever.
"SEc. 2. The Legislature shall haze no pow
er to pass laws for the emancipation of slaves,
without the consent of the owners, Or withou.
paying the owners previous to their ,emancipa.
ton a full equivalent in money for Il yslaves so
emsncipated. They shall have no power to
prevent emigrauts 70 the State froi J bringing
with them such persons IS are deer ,ed slaves
| BIZ the laws of any one of the United States or
| Territories, so long as any person o. the same
age and description shall be continued in Sla-
very by the laws of this State pr,'vided that
such person or slave be the bona IT, e property
or such emigrant; and provided, ais. that laws
may be passed to prohibit the introduction into
| this State of slaves who have committed high
c.imes in other States or Territor es. They
shall have power to pass laws to 9e.mit the
owners of slaves to emancipate them Saving the
rights of creditors, and preventing them from
becoming public charge. They shsll have
] power to oblige the owners Of sla2es to treat
them with humanity, to provide fch them the
necessary food and clothing, to absts in from all
injuries to them extending to life olliub, and,
in case Of their neglect or refusal to comply
| with the directions of such laws, to have such
slave or slaves sold for the benefit o. the owner
or owners.
CSC. 3. In the prosecution Of slaves for
crimes of higher grade than petit l2rceny, the
Legislature shall have no power 30 deprive
them of an impartial trial by petitjury
q PS NRSe Sdhah ssSs sqP shi
fer such punishment as would be inflicted in
case the ike offence had been committed on a
free white person, and on the like proof, except
in case Of insurrection of such slave"
This is recognition of the right of property
in slaves, of the right of holding such property
in Kansas, and of the right of introducing it.
1t is also recognition of the right of the Leg
islature to abolish Slavery, on certain condi.
tons, and of the right of the owner to emanc-
pate his slaves. If adopted, Shareholders may
settle in the new State with their slaves. and the
slaves already there will be continued in bond
age; but the Legislature or the ow,er, on GER
tain conditions, may emancipate, and he State
may be rid of Slavery.
But if, according to the schedule. i, should
appear that majority Of the votes eturned
are for the Constitution without Slavery"
this article " shall be stricken from the Consti-
tuition" and Slavery shall no longer exist in
the State of Kansas, (ercept that the right of
property in slares nO'c in this Terrific - shall
IN no manner be interfered scith.")
The Constitution, nth the SLAYER, article,
opens the door to slaves from other ST res. con-
tinues in bondage the slaves already liz Kansas.
but recognises the power of the Legisl ,ture to
put an end to all Slavery, and make E.ansas a
free State. The Constitution ,cithous Slavery
shuts the door against slaves from otht States.
but continues in bondage the slaves already
there, and at the same time denies all .,ower to
The Legislature to put an end to Slaves, or TO
interfere Nth it IN any manner. U,,1er the
Constitution with the Slavery article, tie State
1 he Ia froo nv Ia hat - o.
stitution without the Slavery article, tie State
cannot be made free by law
That the Convention acted by desig:, in this
matter is proved by section 10th of ths. Seized.
ale, providing for an amendment of TIL. Consti
tuition: this section expressly PROHIBITS any
amendment affecting the rights of Property in
slaves, as follows:
| "But, no alteration shall be made 10 affect
the right Of property in the ownership ofslares.'
Il Choose, then, the q Constitution ,cfrhout Sla.
very" and still Slavery in the State is perpetu-
sted forever, 80 far as written Constitution
could do it.
!: The following extract of letter to the Jack
son Mssissippian, from " a friend d" IL the Le
compton Convention, written on the night that
BODY closed it4 labors, shows that this was the
precise effect intended to be secure0, should
a majority of votes be returned for the Con-
stitution icithom Slavery:n
"Thus, you see that while, by subm. tting the
question in this form, they are bound to have
Ratification of the one or the o.her; ,snd that
,chite II seems TO be an election 6et,oeef a Free
State and Pro Siarery Constitution. 1t is in
fact ont a question Of the future int, pduction