Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-12-02
From the Louisville pemoorat Of Nor. ..

stltutlonal Convention. Hear it:
From the Louisville Democrat of Nov. "a
We publish inanother column the schedule of the
provisions made by the Conve ton in Kansas for
the introduction of the proposed new State into
the Union. 1t will be presented to Coner, ss, and
What shall b. done with It, is the QUESTION. 1t is
competent for Congress admit the State on these
terms; but will it BE- don , or should it he don,f
Let our readers ponder the provisions in this sched-
ulp, and answer for thems, Ives oar oDiBi0n u.s.
that Congress VH refuse admit State NTH such
conditions and they ought not to do so.
We hold, 10 the fret place, that the Convention
was countenarced only with difference to the le-
gisltve authority there, and has been recognized
by courtesy rather than account of any legal
Character it possessed. The Legislature bad no
power delegated to it to call such a Convention;
and if it shall have any legal character at all; it
must be derived from the action of Congress, in
the case of Michigan and California. Congress, by
special act, authorized the calling of Conven
ton in Minnesota, and we believe in Oregon; but
this Convention derived its existence from tn Ter
ritorial Legislature in Kansas which deem in
competent to such an act. There is, therefore, no
obligation up Congress to accept the COnstitu
made and if it is DONE it must be done the ground
of expediency.
By looking at the eighth section, it will be seen
that the Constitution is submtJcd to the people.
The vote provided for, is only to be taken on one
point and 1t is Questionable OOGt rs deterlHIHa6te By
stitution is to be sustained. 1t is "heads l win,
tails you lose" to its opponents. This Is unfair and
unjust, and when Congr, 50 is called upon to do so
grave act as that Of taking In new Stat, will
that body not inquire whether the people to be at
fected by it really desire such schedule of gov
eminent as thew are to be subj cted to? The peO-
pie have not had opportunity Of Saying yes or
no; and shall Congress say the word for them
Let the members of Congress ask themselves if
they would, in their own States, allow Constitu-
ton TO be imposed upon lhem without their con-
sent? If they would not, how can they run the
risk Of imposing one upon Kansas? 1t would, in
our judgment, be "a simple act OF despOti~m I'M
preceden;ed and unwarranted by the first lessons
of our Institutions.
We cannot took for precents preUious Whsrs
there 0aS no contest in he States presenting their
OnStitutiOHS. v hen document is unchaileu ged
at home, but supported and urged on all hands,
Congress need not wait for vote fOreseen to be
unanimous. This is not true of Kansa=, as we all
know. 1t is too much to assume that any party in
that Territory is unanimous upon such provision
as are here pTopC sed.
Observe that the Constitution is not to be amend
ed until 1864. Kansas lie to live years under
this organic lay, if every voter in the Terri
tory should desire to change it This is restraint
that would hardly be assentsd to 10y a majority
even in an old State; much less would they agree
to have it thrust upon them by foreign power
without asking their mt. Then it is further
provided that two-tbirds of the Legislature must
agree to change before it be effected, even al
ter the years have elapssd and finally, 1t is
provided that no subse quent Convention can inter-
fer tFI ropeIty in slaves COngress could not give
validity co such provision this. All the States
have tn power here denied to any future ConVen-
ton It is the surrender of State right; rather, 1t
IS the attempt to rob State of her SOUeretgty 0Uer
n subject that belongs to eUery State Of the Union.
II the people had voted upon this subject and IND
posed these restraints upon themselves, the ques
ton would be different; but even then, we should
question their right to bind tn" future inhabitants
of Kansas. We regard, however, as fatal Office
ton the refusal to submit the Constitution to the
popular vote Congress provided that tn people
of Minnesota should vote upon their Constitution
to be formed; that the people of Oregon should
vote upon theirs when formed; and shall the people
of Kansas be deprived OF that right? 1t will re
recolIected that the Democratic party pledged it
self not only in the organic act, but IN their feso-
buttons and speeches in the Presidential canvass,
that the people of Kansas should frame their own
institutions in their own way, to suit themselves
This was the cardinal doctrine North and South
The Missouri Compromise rp aled, and that
repeal sustained, that the people might have that
right If this schedule is sanctioned, how Will that
pIedge be redeemed? We cannot see h0LC any
Democrat can cote for it Vithot self qualification
Tine Democrat goes on TO demonstrate that the
South could not gain anything by sustaining the
Convention 'but the liability to the reproach OF
violating her pledges" 1t says further that by sus-
tanning this Kansas swindle, the South would b.
doing "precisely what her worst enemies would
wish her to do" Fl e remarks that the enemies of
the South and of the Democratic party could, il
Congress sustained the swindiing Convention]
Point to a Constitution imposed upon Kansas by
dsegates eleced by fraction of her UotcrS; and ,OO
refused to submit their OOrk to the people; and
Democratic Congress sanctoniug aud approving it
all and thrusting that Constitution upon people
without their consent.
There is only point upon which there Is any
apparent gain to the men from the South, and that
il the non-interfereDce with property IN slaves ~
the Territory. Even that ia ,quivoc'. What will
it mean with a Constitution ''i0tthOtt Slavery" if
the vote should he cast that way? What as meant
bv SLAVERY in a State NTH Constitution IOithO't
slavery? Will it have any prot ction at all, aud
if it has not, of what value will it be; or is it the
purpose to have slavery, notwithstanding the vote
under the provision for the non-interterence with
slave property If this be so it is miserable jug
gle, unworthy of a State, much more of the United
States
The Constitution is to GO into effect after
the vote upon it on the 2l-t of December. Con-
gress will not have acted upon it at that time; and
by the Omnipotent power of this Convention,
Territory of the United States sets up for itself
ignoring its organic law. In JaIuElry there is to
be an election for State officers I0hetheT the State
be receiUed not; nor IS any part Of the 00Tk to
be suspended upon the action Of Congress The
President OF the Convention Is to supervise The hOls
increment The territorial atotttes are not recog-
nized Perhaps the assent Of Congress Is implied,
aud that Il is not intended to set iP government
tOthOtt It, bat it IS not mentioned For all that aP
p -ars, TO have the Topeka farce acted over
again. We hope this will not be added to the list
at foles 10 Kansas; but should not be surprised
II il is. This Convention is reckoned pro-savery,
and therefore, will claim sympathy from the South.
Perhaps they acting IN good faith AMI, II so,
we must admire their zeal more than their discre'
ton. The Black Republicans may rest from their
la6ors Just noe, if their opponents WiH DO so OsH
for them,