Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1857-12-18

VIC auu SuklstaCtOEy mOQe exists OF aScer-
tanning the will of a majority Of any
State or Territory)on an nimportant,and ex-
citing question like. that of slavery in Kan.
sas. except by leaving it to direct vote.
How wise; then, was it for Congress to
pass over all subordinate and intermedi-
ate agencies. and proceed at once TO the
source of all legitimate power under our
Institutions tsra7l .fl NJ eba, ~ a7f
How vain would any other principle
prove in practice J This may be illustra>
ted by the case of Kansas. Should she
be admitted into the Union with a con-
stitution eithor maintaining or sbolishing
slavery. against the sentiment Of the peo.
pie, this could have no other effect than
to continue and to exasperate the exist
ing agitation during the brief period re-
quired to make the constitution conform
to the irresistible will of the majority.
The friends and supporters of the Me-
braska and Kansas act, when struggling on
a recent occasion to sustain its wise pro-
visions before the great tribunal of the
American people, never differed about
its true meaning on this subject. Every
where throughout the Union they public
ly pledged their faith and their honor,
that they would cheerfully submit the
question Of slavery to the decision Of the
bona JSde people Of Kansas, without any
restriction whatever. All were cordially
united upon the great doctrine of popular
sovereignty. which is the vital principle
of our free institutions. Had it then been
insinuated from any quarter that it
would be a sufficient compliance with the
acquisitions Of the organic law, for the
members of a convention, thereafter to
be elected. to Withhold the question Of sla-
very from the people. and to substitute
their own will for that Of legally ascer-
tanned majority of all their constituents,
this would have been instantly rejected.
Everywhere they remained true TO the
resolution adopted on a celebrated occa-
sion recognizing "the right of the people
Of all the Notwithstanding Kansas
and Misunderstanding through the legal
ly and fairly expressed will of majority
Of actual residents, and whenever the
number Of their inhabitants justifes it. to
form constitution, with or without sla-
very. and be admitted into the Union up>
on terms OF perfect equality with other
States"
The convention to frame a constitution
for kanses met on the first Monday Of
September last. They were called to-
gether by virtue Of an act of the territori-
al legislature. whose lawful existence had
been recognized by Congress in different
forms and by different enactments. A
large proportion of the citizens of Kansas
did not think proper to register their
names and to vote at the election for del
hnt IN do thio
having been fairly offered, their refusal
to avail themselves Of their right could in
no manner effect the legality of the con-
vention.
This convention proceeded to frame a
constitution for Kansas. and finally ad
jouourned on the 7th day of November.
But little difficulty occurred in the cons
yention except upon, he subject Of slavery.
The truth is that the general provisions s
of our State constitutions are so similar
and. may add, so excellent-lhat the
difference between them is not essential
Under the earlier practice of the govern
ment. no constitution framed by the con-
vention OF Territory preparatory to its
admission into the Union as a State had
been submitted to the people. trust,
however, the example set by the last
Congress. requiring that the constitution
of Minnesota " should be subject to the
approval and ratification Of the people OF
The proposed State," may be be followed
on future occations. l took it for grant
ed that the convention of Kansas would
act in accordance with this example,
founded as it is. on correct principles
and hence my instructions to Governor
Walker, In favor of submitting the con.
stitutiou to the people. were expressed in
general and unqualified terms.
In the Kansas Nebraska act, however,
this requirement, as applicable to the whole
constitution. had not been inserted and the
convention were not bound by its term 10
submit any other portion Of the instrument
to an election, except that which relates
to the domestic institution" Of slavery.
This will be rendered clear by a single
reference to its language. Il was mot to
legislate slavery into any Territory or
State. nor to exclude it therefrom, but to
leave the people thereof perfectly free to
form and regulate their domestic institu-
tions in their own way" According to
the plain construction of the sentence, the
word domestic institutions" have a di.
rect as they have an appropriate reference
to slavery. Domestic institutions are
limited to the family. The relation be-
tween master and slave and few others
are domestic institutions" and are en-
tirely distinct from institutions of polit-
ical character. Besides. there was no
question then before Congress. nor in
deed has there since been any serious
question before the neonle of Kansos or
the country, except that which relates to
the " domestic institution" Of slavery.
The convention, after an angry and ex-