Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-12-10

This convention proceeded TO frame con-
s,itution for Kansas, and finally adjourned on
the 9TH ,iay of November. But little difficulty
occurred in the convention, except OH the sub
i.ct of slavery. The truth is that the general
Inroyisions OF our recent State Constitutions are
70 sitnilar-and | may add, so excellent that
the difference between them is not essential.
Under the earlier practice of the government,
no constitution framed by the Convention oil a
Territory preparatory to it admission into the
Union as a State, had been submitted to the
ucople. trust, however, the example set by
lin. last Congress, requiring that the Constitu-
lion of Minnesota 'Should be subject to the APP
proval and ratification of the people OF the pro-
noscd State" may be followed on future occr-
sions. took it for granted that the convention
of Kansas would act in accordance with tins
example. founded as it is, on correct principles;
and hence my instructions to Governor Walker
in favor of submitting the Constitution to the
people, were expressed in general and unquali-
In the Kansas Nebraska act, however, this
requirement as applicable to the whole consti-
tuiion. had not been inserted, and the conve II
ton were not bound by its terms to submit any
other norton of the instrument to an election,
except that which relates to the domestic in
ctitution" of slavery. This will be rendered
clear by simple reference to its Isuage. 1t
was mot to lcgislate slavery into any Territory
ar State, nor to exclude it therefrpm, but to
leave the people thereof perfectly free to form
and regulate their domestic institutions in their
on way" According to the plain construction
of the sentence, the words domestic instltu-
tons" have adireCt as as they have an HPpro-
Driate reference to slavery. Domestic institu-
tons" are limited to the family. The relation
between master and slave and a few others are
domestic Institutions and are entirely dis
tinct from institutions Of political character.
Besides there was 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 slavery.
The convention, after an angry and excited
debate finally determined, By majority of
only two. to submit the question of slavery to
the people, though at the last forty-three ofthe
fifty delegates present affixed their signatures to
the constitution.
A large minority of the convention were in
favor of establishing slavery in Kansas They
accordingly inserted an article in tue constitu-
ton for this purpose similar in form to those
which had been adopted by other territorial con-
ventions In the schedule, however, providing
for the transition from territorial to State
government, the question has been fairly and
explicitly referred 10 the people, whether they
will have a constitution with or without slave
ry" 1t declares that, before the constitution
adopted by this convention shall be sent to
Congress for admission into the Union as
State an election shall be held to decide the
question at which all the white male inhabitants
of the Territory above the age of Il arc entitled
10 vote. They arc to vote by ballot; and 'the
ballots cast at said election shall b. endorsed
constitution with slavery and Constitution
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 presi=
dent of the convention in its original FORM IT.
on the contrary, there shall be majority in ia
VOr of the Constitution with no slavery,'' 'then
the article providing forslavery shall be stricken
from the constitution by the president of this
COnventon;" anditis expressly declared that mo
slavery shall exist in the State of Kansas, ex-
cept that the right of property in slaves now in
the Territory shall in no manner be interfered
WITH and in tn It evont it is made his duty to
have the constitution thus ratified transmitted
to the Congress of the United States for the adj
mission Of the State into the Union.
At this election citizen will have an Opportu-
Ry Of expressing his opinion by his vote whether
out slavery and thus this exciting question may be
peacefully sefed ~ inc very mode REQUIRED Ry the Of
mate aIthority and if any portion Of tho inhabitants
shall reiuse to vote fair opportunity to 40 so having
been presented this will be their own voluntary act
and they alOnc will be responsible for tho conso-
Whether Kansas shall boa FREQ or n slave State must
eventually, under some authority, be decided by an
distinctly presented to the people than it is Mt the
present moment. Should this opportunity be rejected
she mas be involved for in domestic dseord and
possibly IN civil war, before she again make the
issue fortunately rendered and again the
point she hns already attained.
Kansas has for some years occupied too much
Of the public attention. 1t is high time that
this should he directed to far more important
objects When once admitted into the Union,
whether with or without slavery, the excite
ment beyond her own limits will speedily pass
away, and 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
her constitution on the subject of slavery, or on
any other subject, be dSpleasing to a majority
OF the people, no human power can prevent
them from changing it within brief period
Under these circumstances, it may we'll be ques-
toned whether the peace and quiet of the whole
country arc not Of greater Importance than the
mere temporary triumph of either of the politi-
cal parties in Kansas.
Should the constitution without slavery be
adopted by the votes of the majority, the rights
ofprOperty in slaves now in the Territory are
reserved. The number Of these is very small;
but ii it were greater the provision would be
equally just and reasonable. These slaves were
brought into the territory under the constitu-
ton OF the United States, and are now the'prop-
erty Of their masters. This point has at length
been fin lily decided by the highest judicial tri-
bunal of the country-and this upon the plain
principle that when cOnfeder cy of sovereign
States aCOuare n nny, farrit ;o;nk