Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-12-14

lions areso similar-and. | NAV add, so excel
lent-that he difference between them 10 not
essential Under che earlier practice OF tie
GcverrTnent, no constitution framed by the
convention of Territory preparatory 70 its
admission into the Union S-are b. been
submitted to the people. ] trnst, however,
the example set by the last Congress, requiring
that the Constitutions of Minnesota ''shOulI
he subject to the approval and ratification of
the people of the proposed State" may be
followed on future occasions. l took il for
granted that the convention of Kansas would
act l. accordance with the example, founded
asitis, on correct principles; and hence my
ms ructon to Gov. Walker, 10 favor of sub
mittlug the constitution TO the people, were
ex r.sssl in general and unqual fed terms.
In the K ms is-N brsskA act, however, this re-
quremcnt as app "a bic to the whole constitution,
had not been inserted, snd tie convention were
not bound bv its Trims TO submit any other ro-
ton Of their instrument ell ciiou, pt that
which relates tine "dom. site institu'ioa' Of s8
very This will be rendered clear oy single ref
,reuce toit language Il was "not to lcgslate
slavery ito any Territory State, % excl lde
IL thtrefr0m Tut to leave tie people thereof per-
fsctl7 free 10 and regulate their domestic IT.
sjiJlJon7 il their own way" According to the
pl 10 construction OF the nee the WORKS 'uo-
mcstjc institutions" have a direct they have an
appropriate reference 10 slavery. Domestic IN
situations" limited 10 the family. The relation
b tween mast and lave and few others are
domestic institutions" ami are entirely distinct
from institutions OF political character. Besides,
there question before COug-es-, nor indeed
has tn r sine been any serious question fore
the people of Ktus or the country, except that
which relates To tn "dOm site institution Of
slavery.
The cow nitor, after an aD-rv ond excited de-
bate, fnalIy dete rmined, by jo.ity ofonly two,
to submit the question of sllv ~ to the people,
trough at tie last forty three Of the flty delegates
N.I1fv a III
a hr= majority Of The convention were in favor Of
establishing sltvery in Kansas. They accordingly
inserted article in the Constitution for this pur
pose similar in form those viii n had been adOp-
ted by other territorial Conventions, 10 the sched
ule, however, providing for the transition from
territorial TO State government, the question has
been fairly and explicitly referred TO the p ople,
whether they will have a constitution with or
without slavery" II declars that, before the con-
stitutan adopted bv the convention "Shall be
sent to CoDgrlss for admission into the Union a
State" an election shall he held to decide this
question at which all the whit male Inhabitants of
the territory above the age OF 81 ar entitled TO
vote. Thy vote by ballot; ami she bal
lots cast at said 81 ctiou shall be endorsed 'const
tuition With slavery, and constitution with no sla-
! vgrv"
If there be majority in favor of the "constitu-
ton with slavery" then it is to De transmitted to
Congress by the Pr silent OF the Conventional its
/ original form. IT, on the contrary, there shall be
! a minority in favor of the constitution With no
slavery, then III Article p via for law ~ shall be-
suics Ell from the CO sJiruuon by the Presiie OF
tis conVeution;" aud it is expressly declared that
no slavery shall exist in the State of Kansas,
pt that the right of property IN slaves now In the
! IL rritOry shall in manner be intrrt rrrd WITH
IN that event il is made his duty to have the cOn-
sututioR thus ruhed transmitted to IN" Congress OF
the UUitrd States for the admission OF tht State into
/ the u ion
At this election every citizen viii have an OPP
/ pOrtunity of expressing his opinion by his vote
whether Kansas shall be received in the Union
/ with or without slavery and thus the exciting
question may be peaceaby settled in the very
mode required bV the organic law. The election
will be held under Legitimate authority, and if
any portion of the inhabitants shall refuse to
vote, fair opportunity to do SO having been pre-
scented, this will be their own voluntary act, and
they alone, will be responsible for the conse-
| quencgs.
/ Whether Kansas will be a free or slave State
/ must eventually, under some authority, be dcci-
/ ded by an election; and the question can never
! be more clearly or distinctly presented to the
/ people than it is at the present moment. Should
/ this opportunity be rejected she may be involv-
/ ed for years in domestic dscord, and possibly in
/ civil war, before she can again make up the is
! sue now so fortunately rendered and again
reach the point she has already attained.
Kansas has for some years occupied too much
/ of the public attention. 1t is time this should be
directed to far more important objects. When
once admitted into the Union, whether with or
without slavery, the excitement beyond her own
limits will speedily pass away. and she Will then
for the first time, be left she ought 10 have
been long since. to manage her own affairs in
her own way. If the Constitution on the sui jeCt
Of slavery. or any other subject, be displtasing
to a majority of the people, no human power can
prevent them from changing it within brief
period Under these circumstances IL may well
be questioned whether the peace and quiet of the
whole country are not of greater importance
than the mere temporary triumph OF either of the
political parties in Kansas.
Should the Constitution without slavery be
adopted by the votes Of the majority, the rights
of property in slaves now in the Territory are
reserved. The number of these are very
small; but if it were greater the provision
would be equally just and reasonable. These
slaves were brought into the Territory under
the Constitution Of the United States, and are
now the property of their masters.
This point has at length been finally decided
by the highest judicial tribunal of the country
and this upon the plain principle that when
a cOnederacy of sovereign States acquire new
Territory at their joint expense, both equally
and Justly demand that the citizens of one and
all of them shall have the right to take into
it whatsoever is recognized as property by the
common constitution. To have summary
confiscated the property in slaves already IN
the Territory, would have been an act Of gross
injustice, and contrary to the practice of the
older States of the Union which have abolished
slavery.
territorial government established for o
tab BY act Of Congress approved the 9Th Septem
Der, 1880 and the Constitution aud laws Of the
United States thereby extended over 1t $50
far ss the same, or any provisions thereof, may be
applicable" This act provided for the appointment
By tho Presid, m by and with Inc advice and con-
sent OF the Senate of governor who was 10 b.
ex-oficio superintendent Of Injiiu Affairs, Sec
Rotary, three Judges of the Supreme Court Mar
shall aud district attorn Y. So sequeut acts pro-
yided for the appointment OF the officers necessary
to extend our land and Indian system over the
territory. Brigham Young was sPpoiDted the hrsE
Governor, the 2OIh ptemoer, 1850, AMI has
held the Office ever since. Whilst Gov. Young
has been both governor and superintendent OF lu-
dian affairs throughout this period, he has been at
the me time the head OF the church called the
Latter-Dly Saints and processes 10 govern its
members and dispose Of Iher property by direct
inspiration and authority from the Almighty. His
poser has been, therefore, ausoute over both
Church aud Stat-.
The people OF Utah, sic ost exclusively, belong
10 this church aud believing with fanatic spirit
that he Is gov. OF the I, rrory 10y Divine Hp-
poiatm~nt they o0ry bIs CUumaucs a. If these
srte irect reveal ions f0m heaFru. II, therefore
h. chooses tat his goVeiumtnt shall come uto
collision Witu The government Of the Unteu
StaLv-, the memutT' OF lie hormon church will
yi,lI iupii.it Obedience 70 hir witt
Uufottunatel y, existing i,c.s leave bat little
doubt that suca is has determination. Without
eui.riug upon a uiuuts history u occurrrncss. q
is III eul TO say that ali the officers 81 ia Uuited
Stat-r .ieiaI aud ,xecuuyc, sltE the single *
edition. Of tao Indian agents, hsse i0uui 90 DEC e.
saIy Tor their o4n pvFs0usl-sf=ty 10 ntlh1ras from
tnc territory, and thsTe DO iUugvF remains aug
gov, rur5eut IN Utlh Out toe desPotism VI BFis-