The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-11

nounce the whole one mass of illegaity, and either
to hold rival conventions of their own, which they
put forward the trae legal Ones or at any rate TO
protest against other conventions and refuse 10 take
any part In them. They protested against the l,e-
| compton Convention year ago, and set up their
| September they refused to recognise the Con.
| ventiOn which took place upon the strength OF
| an act passed by the Lecompton Legislature Tor
| framing constitution for Kansas; they kept
aloof altogether and allowed the Southern party to
| manage their own Convention, and form their own
| constitution. Mr.. Buchanan does not support the
free State party in these dsowning acts he recog
nises all that the Southern party has hitherto done IN
Kansas legal-the original lecompton Convention,
the convention that met in September and received
its authority from the LecOmpton Convention, and
the constitution framed by this latter convention.
| Moreover he will not compel any re-submssion OF
this constitution now that it has been once framed
to popular inspection in Kansas. be would prefer,
| indeed such submission, and he took it Tor
granted that it would take place, on the pattern
| of the Minnesota constitution, which Congress or
dered to be resubmitted to the people. But nasmuch
as the Kansas Nebraska act does not positively re-
qure any such resubmisson In the case OF Kansas,
he feels that he cannot enfopce it. So that up to this
point the free State party are completely overdden
by the President having the legality of two success
sive conventions, which they have all along dsowned
thrust upon them; and, lastly, being now compelled
to swallow unrevised a whole constitution from the
raining of which they purposely and deliberately
The President rests his Judgment upon this latter
point upon nice legal construction of clause in
that act requires the whole constitution to be re.sub
mitted to the people, only the clause relating to
slavery. This, says the President, will be made
clear by simple reference to its language was not
to egslate slavery into any Territory State, to
exclude it therefrom, but to leave people perfectly
free to form and regulate their domestic institutions
in their own way" Now, says the President, it is
clear from this clause that what are ntrused to the
ara no pgtic INST
not Others. "But what is the domestic institution"
he asks, and answers CLEARLY slavery" 1t has
this meaning, he observes, both by the obvions
construction of the clause and also by its own ETY.
molOgy. domestic institutions are limited to the
family; the relations between master and slave,
and few Others are domestic institutions, and are
entirely distinct from institutions Of political char
acter The conclusion is. that only that part of the
constitution relating to domestic institutions is to
be resubmitted to the popular voice in Kansas
t. e., only that part relating to slavery-"the rela-
tions between a master and slave and few others"
"a fortunate addition-being, as Mr.. Buchanan OBJ
serves domestic Institutions
However, the Kansas free State party are to
have their vote free and open upon the slavery
clause which is the compensation for all the dirt
which Mr. Buchanan's policy up to that point COM
pels them to swallow. Mr.. Buchanan is clear and
open on this point. He will have direct popular
vote upon it, and not any delegated vote, or simple
appointment of a convention for that purpose a
majority of representatives, he remarks who are
elected by separate sections of the people, is not
cessary majority of the people, but on this point
S adS shns hf moaS
satisfactory mode exists of ascertaining the will Of
majority of the people of any State or Territory
an important and exciting question like that OF sla
very in Kansas except by leaving it to q direct VOTE
And accordingly this direct vote is guaranteed to
the free State party in Kansas. IAN election shall
be held to decide this question at which all the white
male inhabitants of the Territory above the age ol
entitled to vote. They are to vote by ballot and
the ballots cast at the said election shall be endorsed
Constitution with slavery and Constitution
with no slavery" This form of putting the
question does not indeed, satisfy the anti-slavery
party, because, il would appear, it does not save
Kansas for ever from slavery but only for the time
Slavery is not prevented by the constitution, which
is made compatible with it, but only by a clause
which, If carried by the antislavery party now is
capable of abrogation. This Is the of the Kan
sas Southerns which Mr.. Buchanan has endorsed.
Still, at the worst the clause stops slavery for the
time, and will stop it so long it is enf)rced- e.,
so long as the anti-savery party in Kansas are the
majority.
This, then, il the other side OF the Presidents
balance, and it gives, on the whole no particular
reason to the antislavery party in Kansas TO com
ploin. They have IT now in their power, as the
majority OF the population which they are said TO
be, TO stop slavery in Kansas, and we presume
they will exercise IL. The President has evidently
no feeling against them or their cause and il sim
ply bent setting himself right with the Southerns,
whom he endeavors TO propitiate by this elaborate
explanation of the necessity under which he acts.
ne diIlOst HpOlcpLcs 1Or nfnseH
to compel direct popular vote on the slavery ques
ton but he ntates that the necessity is too clear
10 be avoided. Thus ends question which year
ago convulsed America from one end 10 the other
The States appeared upon the verge II civil
war. which indeed had actCally begun in Kansas
itself. Prophecy was awakening, and all eyes
were directed upon the United States, TO see the
issue of the great republican problem. What
would the North do it anxiously asked.
Would the North at last fight, leave its comfort
able county house, refreshing entrees, and hopeful
balances and stand up for sacred principle against
the nsolent and bullying SOUTH Such was the look
Of affairs year ago; but year has given time to
both parties TO calm down and ~ come TO the con-
cusion that anything IL better than fighting, and
Mr.. Buchanans solution OF the Kansas question will
probably pass Congress after the proper amount Of
angry debate and interchange Of epitbets between
the Northerns and Southerns. The Northern demo.
Gratis said 10 be angry at the concessions TO the
proslavery party, and 10 threaten opposition: but
the unanimous Southern vote backed by iudicous-
ly reserved stock Of government patronage, will pro
baby carry the compromise