The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1857-12-26

But little difficulty occurred IN the con- |
vention, except on the subject of slavery. |
The truth is that the general provisions |
of our recent State constitutions are SO |
similar-and, / may add, so excellent
that the difference between them is not |
essential. Under the earlier practice of
the government, no constitution framed |
BY the convention of Territory prepare
tory TO its admission into the Union as a
State had been submitted to the people.
thrust, however, the example set By the last
CONGRESS, requiring that the constitution Of
Minnesota SHOULD be subject to the APP
prevail and ratification of the people OF
the proposed State" may Be toIloaced on
future occasions. took it for granted that
| the convention of Kansas would act in
accordance with this example, founded,
as it is, on correct principles; and hence
NV Instructions to Governor Walker, IN
favor of submitting the constitution 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 s0ere not hound By its
terms to submit any other portion of the an
strzIment to an election, ercept that fcliich
relates to the " domestic institution of 8tave
ry. This will be rendered clear by SIM
pie reference to its language. 1t was
| "not to legislate slavery into any Terrific
~ or State, nor to exclude it therefrom,
but to leave the people thereof perfectly
free to form and regulate their domestic
institutions in their own way" Accord
ing to the plain construction of the SELF
tenee, the words domestic institutions
have direct as they have an apprupri-
ate reference to slavery. Domestic in
stitutions'' are limited to the family
The relations between master and slave,
and few Others, are domestic institu-
tons, and are entirely distinct from insti-
tutions of political character. Besides,
there acas no question before Congress, nor
indeed has there since been any serious CUES
tion before the people of Kansas or the coun-
try, except that t0licl relates to the domestic
institution" of slavery.
The convention, after an angry and
excited debate, finally determined, by a
majority of only two, to submit the ques-
ton of slavery to the people, though at
the last forty-three of the fifty delegates
present affixed their signatures to the con-
stitution.
A large majority of the Convention
were in favor of establishing slavery in
Kansas. They accordingly inserted an
article in the constitution for this purpose
similar in form to those which had been
adopted by other territorial conventions
In the schedule, however, providing for
the transition from territorial to State
government, the question has been fairly
, and explicitly referred to the people, wheth-
, er they will have constitution "with or
without slavery" 1t declares, that be-
fore the constitution adopted by the con-
vention SHALL be sent to Congress for ad-
mission into the Union as a State" an
election shall de held to decide this ques-
r ton, at which all the white male inhabit-
, ants of the Territory above the age Of
+ p are entitled to vote. They are to vote
, by ballot; and ''the ballots cast at said
| election shall be endorsed constitution
3 with slavery and constitution without
slavery" If there be majority in favor
| of the constitution with slavery" ther
| it is to be transmitted to Congress by the
t President of the convention in its origina
r form. If, on the contrary, there shall bt
y a majority in favor of the: constitution
with no slavery" then the article provid
$ ing for slavery shall be stricken from the
D constitution, by the President of this con.
D yention;" and it is expressly declared
t that "no slavery shall exist in the State O.
I Kansas, except that the right of property
e in slaves now in the Territory shall in nc
| manner be interfered with ;" and in thai
event it is made his duty to have the con.
: stitution thus ratified transmitted to the
Congress of the United States for the ad
y mission of the State into the Union.
E At this election every citizen will have
a an opportunity of expressing his opinion
a by his vote "whether Kansas shall be re
: ceived into the Union with or withou
D slavery" and thus the exciting question
may be peacefully settled i'll the very mode
d required by the Organic law. The cleo
/ ton will be held under the legitimate AL
e thority, and if any portion of the inhabit
: ants shall refuse to vote, fair oppOrtu
nifty to do so having been presented, thi
t will be their own voluntary act, and they
6 alone will be responsible for the conse
7 quences.
7 Whether Kansas shall be a free or a slar
State must eventually, under some a,tthoritl
? be decided by an election and the CUES
ton can neUer be more clearly or distinctil
y presented to the people than it IS at the presen
y moment Should this opportunity be re
a jected, she may be involved for years in do
II nestle discord and possibly in civil war
g before she can again make anissue, nov
), so fortunately rendered, and again reacl
: the point she has already attained.
Kansas has far some gears occupied to-
= much Of the public attention. 1t is higl
. time that this should be directed to ia
more important objects. When ono,
admitted into the Union, whether with O
o without slavery, the excitement beyond
!. her own limits will speedily pass away
e and she will then, for the first time, b,
" left, as she ought to have been long since
I, to manage her own affairs, in her owl
|" way. If her constitution on the subject o
= slavery, or on any other subject, be dis
e pleasing to majority of the people o
= the Territory, no human power can pre-
y vent them from changing it, within brie
: period. Under these circumstances i
8 may, it will, be questioned whether tn
. peace of the whole country is not 0
70 greater Importance than mere triumph
!" of either of the political powers in Kan
sas.
= Should the Constitution without slave
,e ry be adopted by the votes of majority
le The rights of property in slaves now il
" the Territory are reserved. The mum
il berof these is very small, but if it wer
D. greater the provision would be equall
an just and reasonble. These slaves wer
it brought into the Territoy under the Con
ne stitution of the United States, and ar
he now the property of their masters. Thi
be point has at length been finally decide
e. by the highest judicial tribunal of tn
,ir country, and this on the plain principl
al that when confederacv of Sovereio