Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-12-18

t1c ChSo OI ANUSiS. oUOulu SUc DC tuIUlt-
ted into the Union, with q constitution either
maintaining or abolishing slavery, against
the scntimeptof the people, this could have
no other effect thar to continue and TO cx-
asperate tho existing agitation during the
brief period rcqaitcd to make tho constitu-
ton conform to the irresistible will of the
majority M
The friends and supporters Of tho Ne.
braska and Kansas act, when struggling on
a recent occasion TO sustain its wise provis
ions before tho great tribunal of the Amer
lean people, never differed about its true
meaning ON this subject. Eyerywherc
Throughout the Union they publicly pledged
their faith and their honor, that they would
+ fIchecrfully submit the question Of slavery to
the decision Of the bona fide people Of
| Kansas without any restriction or qualifica.
! ton whatever All were cordially united
upon the great doctrine Of popular sovc-
lrvignty, which is the vital principle Of our
free institutions. Had it then been nsinu-
ated from any quarter that it would be a
sufficient compliance with the requsitions
OF tho organic law for the members of a
convention, thereafter TO be elected, to with
hold the question Of slavery from the pco-
pie, and TO substitute their own will for that
of legally ascertaincd majority Of all
their constituents, this would have been in
stantly rejected Evcrywhero they re-
maincd true to the resolution adopted ON a
celebrated occasion recognizing "the right
Of tho people Of all the Territories -incIu-
ding Kansas and Nebraska-ac acting through
the legally and fairly expressed will Of a
majority Of actual residents, and whenever
the number of inhabitants justifcs it, to
form constitution, with or without slavery,
and be admitted into the Union upon terms
of perfect equality with the other States"
The convention to frame constitution
for Kansas met on tho first Monday Of
September last They were called together
by virtue Of an act of the territorial legisla-
ture, whose lawful existence had been rec
ognized by Congress in different forms and
in different enactments. A large proper
tion of the citizens of Kansas did not think
proper to register their names and to vote
at the election for delegates: but an oppor-
tunity to do this having been fairly afforded
their refusal TO avail themselves Of their
SOuiu III uO stiCNb taS lNRdtlIN
of the convention.
This convention proceeded to frame a
constitution for Kansas, and finally adj
Ijourned on the 18th day of November. But
little difficulty occurred in the convention,
except on the subject of slavery. The truth
is that the general provisions of our recent
State constitutions are so similar and, | may
add, so excellent-that tho difference be-
tween them is not essential. Under the
earlier practice of the government no CON
sttution framed by the convention of ter
; ritory preparatory to its admission into
the Union rs a State had been submitted
unto the people. trust, however, the 'ex-
ample set down by the last Congress, re-
quiring that the constitution of Minnesota
SHOULD be subject to the approval and rat
iification of the people of the proposed
State" may be followed on future occasions.
| took it for granted that the convention
lof Kansas would act in accordance with
this 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 unqualified terms.
In the Kansas Nebraska act, however,
this requirement As applicable to the whole
constitution, had not been inserted, and the
convention we're not bound by its terms to
submit any other portion of the instrument
to au election, except that which relates to
to the "domestic institution" of slavery
This will bo rendered clear by simple ref
erence to its language. 1t was mot to leg
islate slavery into any territory or State, OF
10 exclude it therefrom, but to leave the
people thereof perfectly free to form and
| regulate their domestic institutions in their
, own way" Accordingly to the plain con
{ nestle institutions" have direct as they
have an appropriate reference to slavery
"Domestic institutions" are limited to the
family The relation between master and
, slave and few others arc domestic insti
, tutions," and are entirely distinct from in
stitutions of a political character. Besides
there was no question then before Congress
nor indeed has there since been any seriou;
question before the people of Kansas or the
country, except that which relates to the
domestic institution" of slavery
The convention, after an excited and
angry debate, finally determined by ma
+ jority of only two, to submit the question o
slavery to the people, though at the last
: forty-thrce of the fifty delegates affixed
r their signatures to the constitution.
A large majority of the convention, wcrt
, in favor Of establishing slavery in Kansa,
} They accordingly inserted an article in Tho
r constitution for this purpose similar in form
$ to those which had been adopted by othc
territorial conventions. In the schedule
' however, providing for the transition from
, n territorial to State government, the ques
: ton has been fairly and explicitly referred
, to the people, whether they will have q
/, constitution Nwith or without slavery" Il
. declares that, before tho constitution adop
4 ted by the convention "shal be sent tc
) Congress for admission into the Union as Z
Q State" an election shall be held to decide
. this question, at which all the white male
inhabitants of the Territory above the age
Iof2l are entitled to vote. They are 10 vote
by ballot; and "lhe ballots cast at said elec-
ton shall be endorsed constitution with sla.
very and constitution without slavery
. II there be a majority in favor Of the ''con
: stitution with slavery" then It is to be trans
: mitted to Congress by tho president of til,
: convention in its original form. II, on tn,
l.. a Il III 4 y Z -.