, 1858-01-22


Withhold fho question Of slavery from the
people, uoo % substitute their own will Tor
that of q legallY-ascertaihed majority OF
al their constituents, this would have been
Instantly rejected EveryWiiere they re-
manned true TO the resolution adopted on a
celebrated occasion recognizing the right
Of The people Of all the Territories-inclu-
ding Kansas and Misunderstanding through
the legally and fairly-expressed will Of q
majority Of actual residents, aud whenever
the number Of their inhabitants justi6es il,
70 form constitution. with or without sla.
very, and be admitted into the Union upon
terms of perfect equality with the other
States
Tie convention to frame a constitution
for Kansas met on the drst Monday oi
September last. They were called togeth
er by virtue Of. an act Of the territorial
legislature, whose lawful existence had been
recognized by Congress in different forms
and By different enactmeuts. A large pro
portion Of the citizens Of Kansas did net
think proper TO register their names and to
vote at the election for delegates; but au
opportunity to do this having been fairly
afforded, their refusal 10 avail themselves
Of their right could in no manner ahect the
legality Of the convention.
This convention proceeded to frame a
constitution for Kansas, and hnally adjour-
ned on the Tth 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
aud may add so excellent-that the diff.
ference between them is not essential. I'm
der the earlier practice Of the Government
no constitution framed BY the convention
Of Territory preparatory to its admission
into the Union as State had beeu submit
ted to the people. / trust, however, the
example set by the last Congress, requiring
that the constitution Of Minnesota "should
be subject 10 the approval aud ratification
Of the people Of the proposed State" may
be followed on future occasions l took i
for granted that the convention Of Kansai
would act in accordance with this example
founded, a. Il is, on correct principles; anC
hence my Instructions to Governor Walker
in favor Of submitting the constitution IA
the people, were expressed in general and
unqualified terms
In the Kansas Nebraska act, however,
this requirement, as applicable TO the whole
consultation, had not been inserted, and the
convention were not boond by its terms to
submit any other portion Of the instrument
10 an election, except that which relates to
the domestic institution" Of slavery. This
will be rendered clear BY a simple reference
TO lis language. It was mot to legisIate
slavery into any Territory or State, nor to
exclude Il therefrom, but 10 leave the peo-
pie thereof perfectly free 10 form and reg.
ulate their domestic institutions in their
own way.7 According 70 the plain con
strnction Of the sentence. the words do
nestle institutions" have a direct as they
have 40 appropriate reference to slavery.
Domestic institutions are limited to the
family. The relation between master and
slave and a few Others are domestic insti-
tutions Of . political character Besides,
there vas no qnes.ion then before Congress,
nor indeed has there been any serious ques-
ton before the people Of Kansas or the
country, except thai which relates TO the
domestic institution Of slavery.
The convention. after an angry aud ex.
cited debate. finally determined, by ma,
joriiy Of only two. 10 submit the question
Of slavery 10 the people, though at the last
forty-three Of the City delegates present
affixed their signatures to the constitution
A jarge majority Of the convention were
in favor Of slavery in Kansas. They &C
eordingly inserted an article IN the consti
tuition for this purpose similar in form "a
those which had been adopted by other ter
ritorial conventions. Ia the schedule, how.
ever, providing for tho transition from q
territorial to State Government, the
question has been fairly and explicitly re.
ferred to the people, whether they will have
constitution with or without slavery
Il declares that, before the consultation
adopted by the convention 'shall be sent
10 Congress for admission into the Union as
State" On election shall be held to decide
this question, at which all the male white
inhabitants Of the territory above the age
Of tweniy-one, are entitled 10 vote. They
are 10 vote by ballot; and ''thc ballots cast
at said election shall be endorsed "consti
tuition with slavery and constitution with
no slavery.'n If there be a majority il
favor Of the Constitution with slavery,
then it Is 10 be transmitted TO Congress by
the president Of the convention in its ori
ginal form. II on the contrary, there shall
be a majority In favor Of the Constitution
with 20 slavery" ,then the article proYid.
ing for slavery shall be stricken from the
constitution by lhe president Of this con
veRiion; aud il is expressly declared that
mo slavery shall exist in the State Of X an
sas, except that the right Of property in
slaves now in The territory shall in no man
Rer be interfered WITH" and in that event
it Is made bis duty TO have the constitution
thus ratified transmitted TO the Congress
Of the United States for the admission o
the State into the Union. 80
Al this election every citizen will have
an opportunity Of expressing bis opinion
by his vote "Whether Kansas shall be re