American union. [volume] (Morgantown, Va. [W. Va.]) 1855-1859, 1857-12-18

j
tory nu an important and exciting ques.
ti"n like tina, af Slavery in Kansas, OK.
cept 10y direct vote. How wise then
was il fuI Congress to pass over all sub.
ordinate and intermediate a agencies, and
proceed directly To the source of all
Legitimate powe, under our Institutions.
How vain would any other principle
prove in practice. This may be illus.
trated 10y the case Of Kansas. Should
she be admitted into the Union. with o
constitution either maintaining or abol-
ishing slavery, against The sentiment
of the people, this could have no other
effect than TO continue and tn exasper-
ate tho existing agitation during the
brief period required to make tho con
stitntion cnnfni IN to the irresistible will
eft the majority.
The friends and supporters of,he Ne
brnska and Kansas act, when struggling
On recent occasion ia susr ain its wise
provisions before the great tribunal IF
the American people. never differed a
bout its true meaning on this subject
Everywhere throughout the Union they
p"bicly pldeged their faith and their
honor, that they would cheerfully sub
NIT the question Of slavery to the deci
sion Of the bona 6le people of Kansas
without any restriction or qualification
whatever. All were cordially united
upon The great doctrine Of popular SOW
ereignty, which is the vital principle of
our free institutions. Had il been in
sinuated from any qnarter that it would
be sufficient compliance with the re.
qnisl'lhns of the organic law for the
members of convention. thereaf er to
be elected. to withhold the question of
slavery from the people. aud To substi.
tnte their will for that OF legally ascer.
tanned majority of all their consrituc nts
this would have been Instantly rejected.
Every where they remained tue To the
resolution adopted on celebrated &c.
casion recognizing The light of the peo-
Pile of all tho Teriitorirs- including
Kansas and Misunderstanding through
the legally and fairly expressed will of
a majority Of actual residents, and
whenever the number OF their inhabi
tants, ,jus'iies it. to furm a constitution
with or without slavery. and be admit
ted into the Union upon terms Of perfect
equality with other States"
The convection to frame a cons,itu.
ton Tor Kansas met on the first Monday
Of September last. They were called
together by virtue Of an act Of the ter
rltoriai Legislature, whose lawful exist.
ence had been recognized by Congress
IN different enac'men's. "A large pro.
potion Of the citizens of Kansas did
think proper to register their names 81
To vote at The election for delegates /;
but an opportunity to 30 this having
been fairly oiiordrd, their refusal To a.
vail themselves Of their light could in
30 manner affect the legality of tho con-
veniiou.
This convention proceeded To frame a
constitution for Kansas and finally ad.
j"urned on tina 9TH day Of Nn,ember.-
But little difficulty occurred in the con-
feniinr. except on the subject of slave.
ry. The truth is that the general pro-
visions of our recent State constitutions
are so similar-and, may add, so ex-
cellent-thst the difference between
them is not essential. Under ihe earlier
practice Of the government, no consiitu-
lion framed by The convention of a Ter
rItory preparatory tn its admission into
the Union as State had been submit,
ted In The people. trust, no wever, the
example set by the last Cougress,re qui.
ring that the constitution of Minuesota
SHOULD be subject 10 the approval aud
ratification of the people of The PROBES.
ed State" may be followed on future
occasions. ] took il for granted that
tho convention Of Kansas would act in
accordance with the example, funded,
as 1t is, on correct principles and hence
my instructions u 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 10 The whole con.
sttuton, had not been inserted, and the con-
ventlon were not bound by lis terms 10 sub
mt any other portion Of the instrument TO an
election, except that which relates 10 The
domestic institution OF slavery. This wilI
be rendered clear BY simple reference TO
its language. IL WAS not TO lsyislate sIa-
very into any Territory or State, nor 10 ex-
clnde II thereirom, but to leave the people
thereof perfectly free 10 form aud 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
reference 10 slavery. Domestic Institutions
are limited TO the family. The relation be-
tween master and slave and a few Others
are domestic institutions" and arc entirely
distinct from institutions Of political char.
acter. 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 10 the domestic institution OF slavery.
The convention after an angry and excl
ted debote, finally determined hy MAORI.
ty Of ouly two, 10 submit the question Of
slavery TO the people, though al The last for