The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1857-12-18

cent occasion to sustain its wise provisions
before the great tribunal of the American
people, never differed about It's true meaning
on this subject. Every where throughout
the Union they publicly pledged their faith
and their honor that they would cheerfulIy
submit the question Of slavery TO the decision
of the bona fde people Of Kansas, without
my restriction or qualification whatever
All were cordially united upon the great
doctrine Unpopular sovereignty, which is the
vital principle of our free institutions. Had
II then been insinuated from any quarter that
II would be sufficient compliance with the
requisitious of the organic law for the mem
bers OF n convention, thereafter 10 be elected,
to withhold the question Of slavery from the
people, and to substitute their own will for
that OF n legalv-ascertaincd majority of all
their constituents, this would have been in
stantly rejected Every where they remained
true to the resolution adopted on celebra-
ted occasion recognizing "the right Of the
people OF all the MISUNDERSTANDING Kan
sas and Misunderstanding through the legally
and fairly-expresscd will! of n majority of
actual residents, and whenever the number of
their inhabitants jnsifes IL, to form n consti-
tuition, with OF without slavery, and be ad-
mitted into the Union upe terms of perfect
equality with the other States"
The Convention TO frame constitution
for Kansas met on the first Monday of Sep.
TENDER last. They were called together by
virtue Of an act the Territorial Legislature,
whose lawful existence had been recognized
by Congress in different forms ind by differ
ent enaclments. A large proportion of the
citizens of Kansas did not think proper to
register their nnmernd TO vote A the election
Tor delegates; but an opportunity TO do this
having been fairly afforded their refusal 10
avail themselves of their right could in no
manner effect the legality of the Conven-
ton.
This Convention proceeded TO frame
constitution for Kansas, and finally adjourned
on the 7th day of November. But little diff.
fculty occurred in the Convention, 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 excelltnt-that the difference between
them is not essential. Under the earlier
practice of the Government no constitution
framed by the Convention of a Territory
preparatory TO its admission into the Union
as State had been submitted to the people,
! trust, however, the example set by the last
|
Minnesota "should be subject to the appro-
val and ratification of the people of the pro-
posed State" may be followed on future oc-
casions. took it for granted that the Con-
venton of Kansas would act in accordance
with this example, founded ny it is, on cor
rect principles; and hence my instructions to
Gov. Walker, in favor of submitting the con-
stitution to the people, were expressed in
7 upn lam unii
In the Kansas Nebraska act, however, this
requirement, as applicable 10 the whole con-
stitution, had not been inserted, and the
Convention were not bound by its terms to
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 simple reference
to its language. 1t was 'not to legslate
slavery into any Territory or State, nor to
exclude it therefrom, hut to leave the people
thereof perfectly free to form and regulate
their domestic institutions in their own way"
According to the plain construction of the
sentence, the words domestic institutions"
have direct as they have an appropriate re.
ference to slavery. "Domcstic institutions"
are limited to the family, The relation be.
tween master and slave and n. few Others nre
domestic institutions" and are entirely dis.
tinct from institutions of political character.
Besides, there was no question then before
| Congress, nor indeed has there since been
any serious question before the people of
Kansas or the country, except that which
relates to the domestic institution" of sla-
very.
The Convention, after an angry and excl.
ted debate, FINALLY determined, by n majori-
ty of only two, to submit the question of
slavery to the people, though ut the last for
ty,three of the fifty delegates present affixed
their signatures to the constitution
A large maturity 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 n
Territorial to State government, the ques.
ton has been fairly and explicitly referred to
the people, whether they will have consti-
tuition "wth or without slavery" 1t declares
that before the constitution adopted by the
Convention "shall be sent to Congress for
admission into the Union as State" an cleo
ton shall be held to decide this question, at
which all the white male inhabitants of the
Territory above the age of twenty-one are
entitled to vote. They are to vote by ballot;
and the ballots cast n. said election shall be
endorsed "constitutiou with slavery" md
''constitution with no slavery" Ifthere be
a majority in favor of the constitution with
slavery" then it is to be transmitted to Con-
gress by the President of the Convention in
its original form. If, on the contrary, there
shall be majority in favor of the "constitu.
ton with no slavery" "then the article pro.
vding fol slavery shall be stricken from the
constitution by the President of this Conven,
tom and il is expressly declared that "no
slavery shall exist in the State of Kansas,
except that the right of property in slaves
now in the Territory shall in no manner be
interfrred WITH" and in that event it is made
his duty to have the constitution thus ratified
transmitted to the Congress of the United
States for the admission of the State into
the Union.
AT this election every citizen will have an
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 peace
fully settled in the very mode required by
the organic law. The election will be held
under legitimate authority, and if any por-
ton of the inhabitants shall refuse to vote, n
fair opportunity to do so having been presen-
ted, this will be their own voluntary net, and
they alone will be responsible for the con-
sequences.
Whether Kansas shall he free or n slave
State must eventually, under some authority,
be decided by an election; and the question
| mn ha anla :ok;..