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

I
people, never differed about its true meaning
on thus subject. Every where throughout
the Union they publicly pledged their faith
and their honor that they would cheerfully
submit the question Of slavery TO the decision
Of the bona fde people of Kansas, without
any restriction or qualification whatever.--
All were cordially united upon the great
doctrine Of popular sovereignty, which is the
vital principle of our free institutions. Had
it then been insinuated from any quarter that
it would be sufficient compliance with the
acquisitions of the organic law for the men,
bers of a convention, thereafter to be elected,
to withhold the question of slavery from the
people, and to substitute their own will for
that of legally -ascertained majority of all
their constituents, this would have been in
stantly rejected. Every where they remained
true to the resolution adopted on a celebra-
ted occasion recognizing "the right OF the
people of all the Notwithstanding Kan
sas and Misunderstanding through the legally
and fairly-expressed will ola majority of
actual residents and whenever the number of
their inhabitants justlfies it, to form consti-
tuition, with or without slavery, and be ad-
mitted into the Union upon terms of perfect
equality with the other States"
The Convention TO frame a constitution
for Kansas met on the first Monday of Sep.
TENDER last They were called together by
virtue Of an act of the Territorial Legislature,
whose lawful existence had been recognized
by Congress in different forms and by differ
ent enactments. A large proportion of the
citizens of Kansas did not think proper TO
register their names and to vote at the election
for delegates; but an opportunity to do this
having been fairly afforded, their refusal 20
avail themselves of their right could in no
manner effect the legality of the Conven-
ton.
This Convention proceeded to frame a
constitution for Kansas, and finally adjourned
on the 18th 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 simlar-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 sci by the last
Congress- requiring that the constitution of
hllHutSOl W tnc uppiO-
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-
vention of Kansas would act in accordance
with this example, founded, as 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
general and unqualified terms.
lE the Kan sas- Nebraska act, however, this
requirement, as applicable TO 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 legislate
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. "Domestc institutions"
are limited to the family, The relation be.
tween master and slave and few others are
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 sa-
very.
The Convention, after an angry and excl
ted debate, FINALLY determined, by MAORI
ty of only two, to submit the question Of
slavery to the people, though at the last for
ty.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 purpose similar in form
to those which had been adopted by other
Territorial Conventions. In the schedule,
however, providing for the transition from
Territorial to State government, the ques-
ton has been fairly and explicitly referred to
the people, whether they will have consti-
tuition "with or without slavery" II declares
that before the constitution adopted by the
Convention "shall be sent to Congress for
: admission into the Union as a 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 at said election shall be
endorsed constitution with slavery" and
CONSTITUTION with no slavery" lfthere be
q majority in favor Of the "cOnstitnton with
slavery" then il is to be transmitted TO Con-
| gress by the President Of the Convention in
7 its original form. If, on the contrary, there
: shall be a majority in favor of the "constliu'
ton with no slavery" "then the article pro
I viding foi slavery shall be stricken from the
constitution by the President Of this Conven
r tom" and il is expressly declared that "no
r 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
t interfered with" and in that event it is mad.
D his duty to have the constitution thus ratified
Q transmitted to the Congress of the United
= States for the admission of the State into
the Union.
9 At this election every citizen will have ar
: opportunity of expressing his opinion BY
his vote "whether KANSAS shall be received
q into the Union with or without slavery
= and thus this exciting question may be pence
fully settled in the very mode required by
the organic law. The election will be hello
y under legitimate authority, and il any por
ton of the inhabitants shall refuse TO vote,
j fair opportunity to do so having been presen
n Tied, this will be their own voluntary act, ant
t they alone will be responsible for the con
sequences.