Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-12-18
NUMBER TWENTY FIVE

existenc ha 4 been rec grized by Congress in
different forms and by diG irent enrctnents A
large proportion of the CIT z'ns Of Kansas did not
think proper to reg ster their names and to vote
at the eleotion for dele gates bu an opportunity
To do tl is having been iaitly afforded. Il feirTe-
tusal to avail themselves their right could In
no IN inner affect the gality Of the Convention
The convention proceeded to fr ,me . constitu-
tion for Kansas, and finally adj ,urned on tho 7th
day Of November. But little difficulty occurred
IN the convention, except on the subject Of sla-
very The truth Is that tle General pro- isions Of
cur recent state constitutions are 50 simiar-and
| may adj so excelent-t-at the difference be-
tive n them Is not essential. Under tbe earlier
practice of the government, no constitution franz
cd by t e convention of a Terrific preparatory
TO its admission into the Union as State had
been submitted to the people.
trust, however, the er lmple set by tho last
Con tress, requiring that 10 constitution Of Min
nesota " ,hUuld be subject to tho approval ond rat
ih;ation o the people Of the proposed state"
my be followed on future occasions. [ took it
for granted that the con, ention of Kansas would
act IN accurdanc. with this example, founded
It Is, on correct principles and hence my instruc-
tlons to Gov. Walker, IN favor OF submitting the
constitution to the people, we're expressed 10 gem
eraI and unqualified terms.
In The Ma usas Nebraska act. h wever, this re-
qnireneut asapplicable to the whole constitution,
had not been inserted and the contention were
not bound by its term. to submit any other por.
ton OF the instrument to election. except that
which relates tn the " donestic institution " Of
slavery. Thi will he rendered clear by simple
reference TO its language 1t was " not 10 legis
iate slavery into any Territory or state nor eE-
cude it therefrom but to leave the people thoreof
perfectly free to form and regulate their domestic
Institutions in their own way"
According to be plain construction OF the
tsnoe, the words domestic Institutions have
dir' ct as they have an appropriati reference to
slavery. domestic institutions, are limited u
the family. The relation between master and
slave and fuw others are domestic institu-
tlons, and are entir ly distinct from institutions
ola political character. Besdes, there was no
que tion then before Congress, nor indeed has
there sirce been any serious question before the
people OF Kansas or the country, except that which
relates to the domestic institution of slavery.
lhe convention, after an angry and excited
debate, finally determined, by una jority Of only
two, to submit the question Of slavery to the peo-
pie, though at the last forty.three of tho fifty
delegates present affixed their signatures to the
Constitution.
large majority Of the convention we're in ia.
vor ot Establishing slavery in Kansas. Thev
eordingy inserted an article in the constitution
tor this purpose similar in form te those which
had been adopted by other Territora al Conven-
tions In the schedule, however, providing for
the transition from territorial to state gov
ernment, he question has been fairly and expli-
city referred to the people, whether they will
haves constitution with or without slavery
II declares that before the constitution adopted
by the convention shall be sent to Congress for
admission i1to the Union IS a state, rle ection
shall be held To decide t.iis question, at which
all the white male iuhablttuts of the Territory
! above the age of Il entitled to vote. They
are 10 vote 6y ballot, and the ballots cast at -ad
election shall be endorsed constitution with sa-
very and constitution with no slavery
II here be a m"jprity in favor Of the Consti.
tuition with slavery then il i, to be transmt ed
| 10 Congress by the President Of the Couve ltiUu
| In IT. oiieinal TORN If, On the contrary, there
shall be maj rIty in favor OF the Constitution
with no slavery, then the article providing for
ss'ery shall be stricken from the Con tiutipn by
the President OF this Convention : aud 1t j. ex-
| pressly declared that no slavery shall exist IL
tue >tte) "f Kansas, except that the right ot PR"
/ petty III slaves now in the ter ito'y shall in no
IN lnner bo nteriered with aud IN that ut it
IL made his duty to have the Con ttutinn thus rs
] uhe Transmitted to the Congress of tho United
states for the admission Oi the state into the
! Union.
At this election every citseu will have an op-
portuuity Of expressing his option by his vote
whether hansa- shall be received into the Union
with or without slavery = an, thus this exciting
| question may be peacsully settled in the very
mode required by the organic law. The election
Will be held under legitimate authority. ami II
/ any portion Of the Inhabitants shall refuse to
vote, tar opportunity to do so having been pre-
sented, this Will pe their own voluntary act and
they alone will be responsible for the eonse4uen.
ces.
Whether Kansas siall be free or a slave State
mu., eventually, under some authority, DC de-
/ clded by election add the question can never
be more clearly Or distinctly presented to the
people than 1t Is AZ the present moment. should
this opp rtuuity be re ject,d she may be involved
/ Tor wears in domestic dscord, and possibly in
civil war, before she can again make dp the issue
now so fortunately tendere =, and again reach the
point she As air, ady attained.
kan.aS has for some years Occl pied too much
IL his natY1tl
be directed TO far more important objects. When
once adnit.ed into the Unio', whether with or
without slavery, the excitement beyond her own
htni's will speedily pass away, an rhe will then
for the first time be left, as she ought TO have
been long since, 10 manage er own sfAirs in her
own way If her constitution on the subject oi
slavery, or On any other subject, be dist leasing
tod mi Irty Of tho people, no human power can
prevent them from changing IT within briei Pc
rod, Under these Circumstances, II may well be
questioned whether the peace and quiet OF the
wnule country not OF greater importance thsr
the mere temporary triumph Of either Of the po'
itica parties IN Kansas.
should the constitution without slavery be
adopted by the votes Of rhe maj rity, the righi'
ut property in slaves now in the territory are re
served. The number of these is very smsIl but
/ IT it were greater, the provision would be 'qua
/ lust ant reasonable. These slaves were brough
into the territory under the Constitution Of th'
| United states, and are now the property OF thei
!
deciisi by the highest judicial tribuns OF th'
country-and this upon the plain principle tha
when a coutederscy Of sovereign HAtes acquire
new territory at their lint tetpense, both equAiltI
and justice demand that tho citizens Of one an
all of them shall have the ri sht TO axe into /
whatsoever Is recognized a. pro -erty by the com
mon Constitute n. To hsve summsriy coufscite'
, the proper III slaves already in the territory
would have been An act Of gross injustice, an
contrary 70 tho practice OF the older states Of tn
Union which have abolished slavery.
A territorial, government was establishedIfo
Utah by act Of Congress approved the 9Th o! sc
tember, 1850, nd the constitution and laws Of To
United states were thereby extended over It, s.
far as the same, or any provisions thereof, ma
be applicable This act provided for the ap
printnent by the President, by and with the ad
vic5 and consent OF the Senate, Of q Governor
VINO wac to be otfcw superin' endent Of India
affairs, Secretary, three judges of the ouprem
, { urt, Marshal anl District Attorney. Subse
; qucnt acts provided for the appointment Of
officers necessary to extend our land aud our In
dian sy.te - over the territory Brigham un
was app ,nted the first iovernor On the goth SEP
te her, 1850, aud has hell The Office ever since
Whilst Guvernor Young has been both Governu
, and ; perintendent OF Ind An Affairs throughou
this rod. he has been a. the same time ths hei
tthe church called the Latter Day satut-, an
processes 10 govern its members aud dispose o
tnvir property by direct aspiration and suthorit
I fro the Almighty. His power has been. there
y
The people Of tab, alu, ct exclusively belon
, to tnis chu ch. and believing With fanaticl
spirit that he lie Governor otthe Territory by al
vine app ,iutnent they obey HE commands a
e they we're direct revelations from Heaven,
therefore, he cho 'ses that his government shal
+. come into collision with the Government Of th
, United States. the members Of the MOrmo
: church will Yell implicit obedience to his will
Unfortunately, existing facts leave but littl
: doubt that such Is his determination. WIthou
e entering upon minute history Of occurrences
e 1t il sufficient to say that all tho oGeers Of 'h
q United ,tstes, judicial and executive, with th
a single exception OF two lndaL agents, have foun
a it necessary for their own personal safety
withdraw from the Territory, aud there no longs
l. remains any government in Utah but the desp'
o ti.m of lgham Young This being the coud
n ton OF afAirs in the Territory, could not mil
> take the path Of duty. As scliet executive mas
=, istrate, was bound to restore the supremacy
the constitution and laws within its limits
order to effect this purpose, spponted ne
Y Governor and other federal oG cers for Utan, an