Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-12-13

institutions. Had i then been lnslnuafed from
any quarter that il would be- sufficient compliance
with the req1isiti ms for the orgsnic law for the
members Of q convention thereafter 70 bs elected,
to withhold the question Of slavery from the peo
pie, and TO substitute ID ir own will for that Of q
legally ascertsined majority Of their constituents.
this would have bsen instantly jected. Eyerv-
wuese they remained true to the resolution sdoot-
ed on celebrated occss son recognizing sthe right
of the people of al the Territories. including Kan
zss and Nebraska, acting through the legally ard
iarly expressed will of a majority OF actual resi-
dents. and whenever the number of their inhabi.-
tAnts justl6es it, to form constitution with or
wit. out slavery, and be admitted into the Union
upon terms OF perfect equality with the other
Sts,es
The convention to frame constitution for Kan
sss met on the first Monday Of September last
They called together By virtue of an act of the
Territorial Legislature, whose lawful existence had
beea recognized BY Congress in different forms and
by different enac1nents. large proportion Of the
citizens Of Kansas did not think proper to register
their names, and to vote at the election for dele
gates; but an opOriunity to do this having been
fairly afforded, their refusal to avail themselves of
their right could in no manner affect the legality of
the convention
This convention proceededto frame constitution
for Kansas, and finally adjourned on the It'll day of
November But little difficulty occurred in the
convention, except on the subjec of slavery. The
truth is that the general provisions Of recent
State constitutions so similar-and, I may add,
so exeelent-that the difference between them is
mot essential Under the earlier practice of the
Government, no constitution framed by the conyen-
ton of Territory preparatory to its admission into
the Union as q 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 p-oposep State, -
may be followed on future occasions. took it for
granted chat the convenience Kanzas would act in
accordace with the example, founded, as it is, on
correct principles and hencemy instruction to Gov.
Walker in fnvOr of submitting the constitution TO
the people, were expressed in general and Unquali-
/ fed terms.
| In the Ksnsas-Nebraska act, however, this re
quirement, applicable to the whole constitution,
had not been inserted, and the convention we're not
bound by its terms to submit any other portion of
the instrument to an election, except that which
lates to the domestic institution" of slavery This
will be rendered clear by simple reference to its
] language 1t was ssnot to Iegislats slavery into
any Territory State nor to exclude it therefrom,
but to leave the people thereof perfectly free to
] form and regulate their domestic institutions in
their oW way" According to the plain construc-
ton of the sentence, the words domestic institu-
| tons" have direct, as they have an appropriate
| reference to slavery. "Domestic institutions" are
limited to the family The relation between master
| and slave and few others are domestic institu-
TONS, and entirely distinct from institutions OF
political character. Besides, there was no ques-
tion then before Congress, nor indeed has there
since been any serious question before the people Of
Kanzas, OF the country, except that which relates
to the domestic institution" of slavery
The convention, after an angry and excited de-
bate, finally determined, by majority of only two,
to submit the question of slavery to the people,
though at the lasr forty three of the fifty delegates
present affixed their signatures to the constitution
Amajority Of the convention were in favor of es-
tablishing slavery in Kansas. They accordingly in
serted 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 terrific
rial to State government, the question has been
fairly and explicitly referred to the people, whether
they will have constitution with or without
slavery" 1t declares that, before the constitution
adopted by the convention " shall be sent to Con-
gress for admission into the Union as a State" an
election shall be held to decide this question at which
all the white male inhabitants of the territory above
the age of q are entitled to VOTE They are to vote
by ballot and the ballots at said election shall
be endorsed constitution with slavery" and s.con-
stution with no slavery" If there be a majority
in favor Of the constitution with slavery" then it
is to be transmitted to Congress by the President of
the Convention in its original FORM IT, the coz
trary there shall be majority in favor of the con-
stution with slavery" then the article provid-
ing for slavery shall be stricken from the consttu-
ton by the President Of this convention" and it is
expressly declared that ono slavery shall exist in
the State of Kansas, except that the right of pro-
pery in slaves now in the Territory shall in no man
ner be interferred With" and in that event it is
made his duty to have the constitution thus ratified
transmitted 10 the Congress of the United States for
the admission of the State into the Union.
At this election every citizen will have oppor-
tunty Of expressing his opinion by hisyote "Wheth-
er Kansas shall be received in the Union with or
without slavery" and thus this exciting question
may be peacefully settled in the very mode required
by the organic law The election will be held under
legitimate authority, and if any portion of the in
habitants shall refuse to VOTE fair opportunity to
do so having been presented. this will be their
voluntary act, and they alone will be responsible
for the consequences
Whether Kansas shall be q free or q slave State
must eventually, under some authority, be decided
by an election; and the question never be more
clearly or distinctly presented to the people than it
is at the present moment. Should this opportunity
be rejected, she may be involved for years in do
nestle discord and possibly in civil war, before she
can again make up the issue now SO fortunately
rendered, and again reach the point she has already
attained.
Kansas has for some years occupied too much of
the public attention. II is high time this should be
directed to far more important objects. When once
admitted into the Union, whether with or without
slavery, the excitement beyond her own limits will
speedily pass away, aud she will then for the first
time, be left as she ought to have been long since,
to manage her own affairs in her own way If the
Constitution on the subject of slavery, or any other
subject, be dispeasing TO majority of the people,
no human power can prevent them from changing
it within brief period. Under these circumstan-
ces, it may well be questioned whether the peace
and quiet of the whole country are not OF greater
importance than the mere temporary triumph of
either of the political parties in Kansas
Should the constitution without slavery be adop-
ted by the votes Of the majority the rights of pro-
perty in slaves now in the Territory are reserved
The number of these are very small; but if it were
greater the provision would be equally just and rea
sonable These slaves were brought into the Terri
tory under the Constitution of the United States
and are now the property of their masters
This point has at length been finally decided by
the highest judicial tribunal Of the eountry-and
this upon the plain principle that when q cOnfede-
racy Of sovereign States acquire Territory at
their joint expense, both equally and Justly demand
that the citizens of and all of them shall have
the rghttO take into it whatsoever is recognized as
property by the common constitution. To have
summarily confscated the property in slaves area-
dy in the Territory, would have been an act of
gross injustice, and contrary to the practice of the
older States of the Union which have abolished
slavery.
A territorial government was established for Utah
by act of Congress approved the 9th September
1850, and the Constitution and laws of the United
States thereby extended over it $50 far as the
same, or any provisions thereof, may be applicable"
This act provided for appointment by the Pres by
and with the advice and consent of the Senate, of
Gov who was to neutrality-suspicious. of Indian
Affairs, Secretary, three Judges Of the Supreme
Court, and Marshal and district attorney. Sub.
sequent sprovided for the appointment of the Of
icers necessary to extend land and our Indian
system the territory. Brigham Young was ap-
pointed the first governor the Goth of September
1850, and has held the Office ever since Whilst
Governor Young was both governor and superinten-
dent of Indian affairs throughout this period he
has been at the same time the head of the church |
called the Lster-Day Saints, and processes to gov
ern its members and dispose of their property by
direct inspiration and authority from the Almighty.
His power has been, therefore, absolute over both
Church and State.
The people of Utah, almost exclusively, belong to
this church, and believing with fsnstical spirit |
that he is Governor of the Territory by Divine APP
pointment they obey his commands as if these were
direct revelations from Heaven If, therefore he |
chooses that his government shall come into COLI
sion with the government of the United States the
members of the Mormon church will yield implicit |
obedience to his will.
Unfortunately, existing facts leave but little doubt
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