Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1857-12-17


Equality with the other States" 3
The convention to frame constitution for
Kansas met on the first Monday of September
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 different enactments. A
large portion 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 re-
f1sal to avail themselves of their right could in
no manner affect the legality Of the convention.
This convention proceeded to frame a cOnsti-
tuition for Kansas, and finally adjourned on the
7th day Of November. But little difficulty oc-
CURED in the convention, except on subject Of
slavery. The truth is that the general provi-
sions of our recent State constitutions are so
similar-and may add, so excellent-that the
difference between them is not essential. Under
the earlier practice Of the government, no con-
stitution framed by the convention of a Terrific
ry preparatory to it's admission into the Union
as a State had been submitted to the people.
trust, however, the example set by the last
Congress requiring that the constitution of Min
nesota "shoud be subject to the approval and
ratification of the people ofthe proposed State"
may be followed on future occasions took it
for granted that the convention of Kansas would
act in accordance with this example, founded as
it is, on correct principles; and hence my in
structions to Governor Walker, in favor of sub
hitting the constitution to the people, were ex
pressed in general and unqualified terms.
In the Kansas Nebraska act, however, this
requirement, as applicable to the whole consti-
tuition, had not been inserted, and the conven-
ton were not bound by its terri to submit any
other portion Of the instrument to an election,
except that which relates to the domestic insti
tuition" Of slavery This will be rendered clear
| by a simple reference to its language. 1t was
not to slegislate slavery into any Territory or
State, nor to exclude it therefrom, but to leave
the people thereof perfectly free to form and re-
gulate their domestic institutions in their own
way" -e
| According to the plain construction OF the
sentence, the words domestic institutions" have
a 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 are domestic institu-
lions" and are entirely distinct 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
!slayery.
The convention, after an angry and excited
debate, finally determined, by majority of on
ly two, to submit the question Of slavery to the
people, though at the last forty-three of the fif-
lty 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 constitu-
ton for this purpose similar in form to those
LUX 1,1 Nv fbo
ventions. In the schudule, however, providing
for the transition from a territorial to State
government, the question has been fairly and
expicitly referred to the people, whether they
will have constitution with or without slave
# ds sH that before tha e 1g tgnt
Congress for admission into the Union as
State" an election shall be held to decide this
question, at which all the male inhabitants OF
the Territory above the age of 81 are entitled to
vote. They are to vote by ballot and "the bal
lots cast at said election shall be endorsed 'con-
stitution with slavery, and constitution with no
slavery
If there be majority in favor of the 'Consti-
tuition with slavery then it is to be transmitted to
congress by the President of the convention, in
Its original form. If on the contrary, there
be a majority in favor of the "Constitution with
no slavery" "then the article shall be stricken
from the Constitution by the president of this
convention = and it is expressly declared that
3no 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 interfer-
ed WITH" and in that event it is made his duty
to have the Constitution thus ratified transmit
ted to the Congress of the United States for the
admission of the State into the Union,
!. At this election every citizen will have an OPP
lportunity of expressing his opinion by his vote
whether Kansas shall be received into the Union
with or without slavery" thus this exciting ques-
ton may be peacefully settled in the very mode
required by 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 presented,
this will be their own voluntary act, and they
alone will be responsible for the consequences
Whether Kansas shall be free or a slave
State must eventually, under some authority, be
decided 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
involved for years in domestic discord, and pos
bly, in civil war, before she can again make up
the issue 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. It is high 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 thesfrst time be left, as she ought
to have been long since, to manage her own af-
fairs in her own way. If her constitution on
the subject Of slavery, or on any other subject
be displeasing to a majority of the people, no
human power can prevent them from changing
it within a brief period. Under these. circum-
stances it may well be questioned whether the
peace and quiet Of the whole country are
not of greater importance than the mere tempo
rary triumph of either Of the political parties in
| Kansas. ..t.!:fe 81.