The Kansas herald of freedom., 1857-12-19
From the WasaiaOson Union,

1 Kansas and Her Constitution.
The yexed question is settied-the
problem is solved-the dead point of dam
ger is passed-all serious trouble about
Kansas affairs is. over and gone. Kansas
cothes into the Union on the principle of
the great act which organized her and
Nebraska as Territorial governments
Another star is added to the republican
constellation, not shining on scenes of ter
TOR, confagration, and blood, but lending
its light to the peaceful pursuits of con-
tented and prosperous people.
We lay before our readers this morning
the schedule of the new Constitution pre-
pared by the Convention ct Lecompton.
The scedule is that part of the CCnstitu-
ton which provides for the transition
from the system which now is to that
which is to be, and prescribes in what
manner it shall become binding as the
fundamental law of the land. In the
dispatches received day or two since,
this temporary machinery, with which all
new constitutions must be preceded, is
called a provisional government, and some
nervous persons perhaps were alarmed at
the revolutionary sound of the words. It
is the mere scaffolding to be used by the
people while they are putting NJ the per-
manent fabric of their rights, and then it
will be used no more. In the meantime
all the Territorial laws remain in full force
until the Constitution takes their place,
except SO far as this schedule is used foF
carrying on the election.
This schedule submits the Constitution
to the white inhabitants of Kansas; ac-
knowledges the people of the new State
to be the only tribunal that can rightfully
determine what its domestic institutions
shall be; and gives full, practical and fair
effect to the. great principle of popular
sovereignty. On the 21st of December
next the electors may meet at their proper
places of voting and express their opin-,
ions by ballot on the question of Slavery
or no Slavery. IF majority shall vote
in favor of Slavery, then the provision
which makes Kansas Slave State will
remain in the Constitution, and in that
shape it will be laid before Congress-
But If the greater number of ballots be
cast the other way, that provision shall be
stricken out, and then every negro in the
State, or hereafter to go there, shall be
| free, except the fen 1ho are no,o there an
legal condition Of serUitude.
The special details of the provisions for
taking the sense of the people, so far as
We can Judge of them at distance, seem
| to us admirably contrived for the purpose.
If it shall not result in a true expression
of the popular wishes, it will be the fault
of the people themselves But we have
no right to doubt that the election will be
fairly conducted, or that the defeated
party, whichever it may be, will cheer
fully submit to the will of the majority.
1t is barely possible that an ultra aboli-
zionist here and there may take excep-
tons to the provision which protects the
slave property now in the Territory. But
| the justice ard propriety of this is clear
as MONDAY. Let at be remembered that
Slavery tcas established an Kansas By the
Constitution, and the question is on the abo-
lition Of it. Shall it be swept out of ex-
istence at blow, without regard to the
sacred rights of property? or shall It be
gradually extinguished ? The Kansas
Convention has decided in favor of the
| former course; and has resolved to deal
with it as all the other States in the Union
dealt with it-that is, abolish it prospec-
lively. What crime has been committed
by the slaveholding einigrants in Kansas,
who went there in good faith with their
families and servants, undei the protec-
ton of the law and the Constitution,
which gave them an undoubted right to
do so? Why is it they should now be
driven out of the State, or permitted to
stay only at the expense of having their
property confScated?
In the issue of the Union, of July z,
1857, we find the following. which con-
trasts rather strongly with the Union of
November, quoted above -
ave repeat that the constitution of
Kansas must come from the people of
Kansas. OTHER POWER TO MAKE SUCH
AN INSTRUMENT THERE is NONE UNDER
| HEAVEN.
But the Georgia Convention, without
denying this great principle, seems to
think that the constitution of Kansas
ought not to be submitted to direct vote
of the people in their primary capacity.
We admit that this is not in all cases a
sine qua non. 1t is fair presumption (if
there be no circumstances to repel IT'D that
a Convention of delegates chosen by the
people will act in accordance with the
will of their constituents. When, there
fore, there is no serious dispute upon the
Constitution, either in the convention or
among the people, the power of the dele
gates alone may put it in operation. But
such is not the case an Kansas. The most
violent struggles this country ever saw,
upon the most important issue (which the
Constitution is to determine, has been
going on there for several years between
parties so evenly balanced that both claim
the majority, and so hostile to one anoth-
er that numerous lives have been lost in
the contest. Under these circumstances
there can be no such thing as ascertainmg
clearly and aOita0ht doubt the aciRc Of the peo-
tpte in any nay except By their oton direct
expression Of it at the polls a constitution
not subjected TO that test, no matter tohat tt
contains, scin S1euer be acknowledged Gy ITS
opponents to be any thing but a fraud A
plausible color might be given to this as
sertion by the argument that the members
OF the convention could have no motive
for refusing to submit their work to their
constituents, except consciousness that
the majority would condemn it. Recoa-
fess that ace should find some difficulty in
ansl0eE5ng this. What other motive eouhi
they haze.
ave do most devoutly believe that
| r,nln.S tha Ncn st,t,.t.,,., If X ansas he sr h