The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-10

other authentic and satisfactory moce exists OF
ascertaining the will of majority of the peo-
pie of any State or Territory on an important
aud exciting question like that of Slavery in
Kansas, except by leaving it TO direct vote
How wise, then, was it for Congress to pass
over all subordinate and intermediate agencies,
and proceed directly to the source of all legiti.
mate power under our institutional
How vain would any other principle prove
in practicei This may be illustrated by the
case of Kansas Should she be admitted into
the Union, with q Constitution either maintain.
ing or abolishing Slavery, against the senti-
ment of the people, this could have no other
effect than to continue and TO exasperste the
existing agitation during the brief period re-
CURED to make the Constitution conform to the
irresistible will of the majority.
The friends and supporters Of the Nebraska
and Kansas act when struggling on rscen
occasion to sustain its wise provisions before
the great tribunal of the American people,
never differed about its true meaning on this
subject. Everywhere throughout the Union
they publicly pledged their faith and their
honor, that they would cbeerfully submit the
question of Slavery to the decision of the bona
tde people OF Hknsas, without any restriction
or qualification whatever. All were cordially
united upon the great doctrine of popular SOW
ereignty, which is the vital principle Of our free
Institutions. Had it then been insinuated from
any quarter that it would be a sufficient com
| phance with the acquisitions of the organic law
Tor the members of Convention, thereafter to
| be elected, to withhold the question of Slavery
ffom the people, and to Substitute their own
will for that of legslly-ascertained meiority
OF all their constituents, this would have been
instantly rejected, Everywhere they remained
true to the resolution adopted on celebrated
occasion, recognising "the right of the people
| of T. IL. Il I
Misunderstanding through the legally and fair
~ expressed will of a majority of actual resi-
dents, and whenever the number of their in
habitsnts justifies it, to form Constitution,
with or without Slavery, end be admitted into
the Union upon terms of perfect equality with
| the other States.'
The Convention to frame Constitution for
Kansas met on tae FIRST Monday of September
last. They wers. called together by virtue of
an act of the Territorial Legislature, whose
lawful existence has been recognised by Con-
gress, in different forms and by different enact
ments. 4 large proportion Of the citizens Of
Kansas did not think proper to register their
names and to vote at the election for delegates :;
but an opportunity to do this having been fairly
afforded, their refusal to avail themselves Of
their right could in no manner affect the legal
ity of the Conception.
This Convention proceeded TO frame O Con
stitu.ion for Kansas, and finally adjourned on
the 7th day of November. But little difficulty
occurred In the Convention, except on tbs; sub
ject of Slavery. The truth is, that the general
provisions OF out recent SAFE CONSTITUTIONS are
so similar, lands may add, so excellent that
the difference Between them is not essential.
Under the earlier practice of the Govern nent
no Constitution framed by the Conventioo of a
| Territory, preparatory to its admission into the
| az had haa L.
people. / trust however, the example set by
the last Congress !, requiring that the Constitu
ton of MinneseG should be subject to the
approval and ratification of the people Of the
| proposed State,r may be followed on future oc
caslons. L took it for granted that the Conven-
ton of Kansas would act in accordance with
this example, founded as it is on correct prin-
clples; and hence my instructions to Governor
Walker, In favor- of submitting the Constitution
to the people, were expressed in general and
unqualified terms.
In the Kaosss- Nebraska act, however, this
requirement, as applicable to the whole Con-
stitution, had not been inserted, and the Con-
vention were not bound by its terms to submit
any other porliop OF the instrument to sn cleo
ton, except tbas which relates to the domes
tic institution 'tof Slavery. This will be rem
dered clear bya simple reference to its la 1guage.
1t was not to legislate Slavery into any Ter
ritory Or State, nor to exclude it therefi on but
to leave the people thereof perfectly free to,
form and regulate their domestic insl buttons
in their own way" According to the pl ain cone
struction of tie sentence, the words domestic
institutions" ~hGve direct, as they lave ar
appropriate. reference to Slavery. domestic
institutions" arr limited to the family. 'herea
ton between msaster and slave and a fe others
are domestic institutions," and are entirely
distinct from Ii Institutions Of political charac
ter. Besides, there was no question the before
Congress, nor iseeed has there since cen any
serious question before the people of Kansas
or the country, except that which relat to the
domestic insti ution" of Slavery.
The Convept on, after an angry and excited
debate, finally determined, by ma, ority Of
only two, to submit the question of s. avery to
the people, though at the last, forty three OF
the fifty delegates present affixed their sigma.
lures to the Constitution.
A large majority Of the Convention were in
favor of establishing Slavery in Kansas. They
accordingly inserted an article in the Consttu.
tion for this purpose similar in form to those
which had been adopted by other Territorial
Conventions. "a the schedule, howev,r, provi-
ding for the transition from Terrific rial to a
State Governm mt, the question has be en- fairly
and explicitly --eferred to the people, whether
they will have . Constitution " with o. without
|
tuition adopted by the Convention /" shall be
sent to Congress for admission into Il e Union
as State" an election shall be held, o decide
this question, at which all the white male in,
hebitt.nts of the Territory above tn, age OF
twenty-oue entitled to vote. Tnl y are &c
vote by ballot; and "the ballots cas- at SAID
election shall be endorsed, Constitu ion with
Slavery and sConsttution with no S avery
Ifthere be a majority in favor of the Consti
tuition with Slavery" then it is to be transmit
ted to Congress. by the President of he Con
vention in it's original form. If on tn , contrs
: ry, there shall be majority in fayi of tn
Constitution Nth no Slavery" then the art
Gle providing kr Slavery shall be sric zen frou
the Constitutions by the President of his Cor
vention;" ane it is expressly decs red tho
50 no Slavery shall exist in the State o Kansas
except that the right of property in 81 YES no.
in the Territor1 shall in no manner be iterfere
with +" and in that event it is made, bis dut
to have the Constitution thus ratified transmit
ted to the Congress Of the United Stat g, for th
admission of tie State into the Union,
At this election, every citizen will have a
opportunity Of expressing his opiniap, by hi
vote, whether Kansas shall be recs we'd int
the Union with or without Slavery, "Sand thu
this exciting question may be peacefully settle
, in the very mode required by the organic lav
, The election will be held under tagitimai
authority, apd, if any portion of the iahabitan:
shall refuse to vote, fair opportunity to do d
having been presented, this will be lheir ow
voluntary act and they alone will be- respons
BILE for the COZ sequences.
Whether K, nsas shall be free &C a slat
State must eventually, under some ,.uthorit