The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1857-12-16


ever the number of their inhabitants jus
tiiios IT, to form n constitution, with or
without slavery, aud be admitted into
the Union upon tormS Of perfect equal
ty with the other States.
The CONVENTION 10 frame Il constitu.
tion for Kansas met on the first Monday
OF September last. They were called
together by virtue Of an act of the Tor
rltorial Legislature, whose lawful exist
ence had been recognized by Congrpsn in
different enactmcnts A large proper
ton of the citizens Of Kansas did not
think proper TO register their names and
and to vote at the election for delegates;
bnt All opportunity TO do this having been
fairly Afforded, their refusal TO avail
themselves Of their right could in 10
manner affect the legality of the Con
ventiou.
The Convention proceeded to frame 4
constitution for Kansas, and finally al
journed IN the 7th day of November
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 go
similar aud, | may add, 50 excellent
that the difference between them is rot
essential Under the earlier practice nt
the government. no constitution framed
by the convention of Territory pro.
paratory to its admission into the Union
as a State had been submitted TO the PEG.
pie. ! trust however. the example set
by the last Congress, requiring that the
constitution of Minnesota should he
subject to the approval and ratification
of the people of the proposed State
may be fol owed on future occasions.
took il for granted that the convention
Of Kansas would set in accordance with
this example. founded as it IL, on correct
principles and hence my instructions to
Gov. Walker ia favor of submitting the
constitution to the people we're expressed
in general and unqualified terms
In the Kansas Nebraska act. however.
this requirement. as applicable to the
whole constitution, had not been insert
cd, and tue convention were not bonnd
by its terms to submit any 9th r portion
oe the instrument to an election. except
stitution Of slavery. This will be
dered clear by n simple reference to its
language IL was mot to legislate slave.
ry into any Territory or State, nor to ex.
clude it therefrom, but 10 leave the peo
pie thereof perfectly free to form aud
regulate their domestic Institutions in
their own way" According to the plain
construction OF the sentence the words
domestic institutions have a direct as
they have an appropriate reference to
slavery Domestic institutions are
limited to the family. The relation be.
tween master and slave and u few Others
are domestic institutions" and are en-.
tirely distinct from institutions of a po
litical character Besides, there was no
question then before Congress, nor in,
deed has there since been any seriou.
question before the people Of Kansas or
the country, except that which relates TO
the domestic institution Of slavery
The convention after all angry and ex.
cited debate, finally determined, by Il
majority Of only two, to submit the que..
ton of slavery To the people, though at
the last forty-three Of the fifty delegates
present affixed their signatures to the
constitution.
A large majority Of the convention
were in favor of establishing slavery in
Kansas. They accordingly inserted an
article in the constitution for this PAR.
pose similar in form to those which had
been adopted by other Territorial con.
ventions In the schedule, however pro
yldng for the transition from a Terrific.
rial TO State government, the question
has been fairly and seyplicitly referred to
the people, whether they will have con.
stitution with or without slavery" 1t
declares that before the constitution
adopted by the convention "shaIl he
sent to Congress for admission into the
Union as State an election shall be
held to decide this question. al which all
the white male inhabitants of the Terri
tory shove the age Of . are entitled to
vote They are 10 vote by ballot and
She ballots rast at such election shall
be endorsed constitution with slavery.
sud constitution with no slavery" If
there lie a majority in favor Of the ''cou
stituiion with slavery" then it il to he
transmitted TO Congress by ;hc Presi
dent Of tho Convention in its original
form. If on tho contrary, there shall
be majority in favor of the constiiu
ton with no slavery then the article
providing for slavery shall be stricken
from the constitution by the President
of this Convention :" and it is expressly
declared that no slavsry sLall exist in
the State Of Kansas except that the
right OF property in slaves now in the
Territory shall in no manner he inter
fsred with :" aud in that event il is
made his duty to have the constitution
thus ratified transmitted to the Congress
Of the United Stbtts for the admission
of the State into the Union
At this election every citizen will
have al opportunity Of expressing his
opinion by his vote whether Kansas
shall be received into 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 he held under legiti
mate authority, and if any portion of tho
m