Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-04-19

upon the mere ground of like or dislike of
provisions in the constitution. Another State
might never he admitted, if this were the rule.
But were | permitted to decide this question
upon what find in the constitution. frank
ly say that find in this instrument that which
highly commends it to my regard. / find at
the very foundation of it the great American
principle that none but citizens of the United
States shall be permitted to votein the cleo
tons, or otherwise control the political des-
| TIMES of the State. For this, and for other
provisions American in their character, incor-
porated in it. heartily return TO its trainers
my sincerest thanks. My beliefs however.
that if the provisions refer to were not to be
found there. other things being right ii would
be my duty to vote for the admission OF the
new State find in it another striking fea-
ture-and it is that upon which almost the
whole question. unfortunately. Is made 70 turn
the recognition of the Institution OF AMI
can slavery. There can be little doubt that
| IL ia on this account that violent and re-
| lentlcss war haz been waged upon it by ma
| ;ority of its opponents The great mass OF
| those who oppose the admission Of Kansas in
to the Union, oppose it because it comes with
a proslavery constitution.
MANY of them have, indeed, gone so far as
to pledge themselves never to vote for the adj
What a spirit is this! in Union of States
such as ours-formed originally between slave
States and free, and in which they are still Of
nearly equal numbers.
That shonld sympathiZe with such feelings,
or in any way cooperate with those who en-
ter the contest animated by so deadly a spirit
of hostility to the people of fifteen States of
the Union, will not for moment be expected
by any who know me.
BY BRIEF recurrence to historical facts. |
will now endeavor to show waat / regard as
the main point-that this constitution is +
tainly the result Of the deliberate action Of
the people of Kansas, regularly passing
through the various stages of legal action, to
its final adoption.
In 1854 Congress passed the Kansas-Nebras-
ka act. organizing a temporary Territorial
government for Kansas. in which it was de-
clared that the legislative power" of the
Territory " shall extend TO all rightful sub
iccts of legislation, consistent with the COnsti-
tuition of the United States and the provisions
of this act" Among the ''rightful subjects of
legislation" allud 10, was doubtless that of
proposing. at the prop time, for taking the
sense of tn Ople of the Territory upon the
question of adopting State constitution.
This is apparent from the 18th section Of the
act; which. after declaring the Territorial
government 10 be - temporary " in its charac-
II.
into the Union as a State expressly providing
that, 'swhen admitted as a State or States, the
said Territory. or any portion of the same.
shall he received into the Union with or with
out slav ~, las their constitution may prescribe
at the time" We have heard much said late
ly about the necessity for an enabling act !"
this is Il modern necessity that | attach very
little cOnsr quence to. see no more necessity
for enabling acts now than there was in the
4 q. tl.y-
unknown and unrcquircd. But if one is now
thought to be needed, here is an enabling act
and quote the language of the organic act
to show palpablr authority TO the Territorial
! Legislature for taking the initiatOrv step in
pr pairing for a constitution, and for admission
into the Union as a STATE. The legiS lative
power of the Territory extended TO 'all right
full subjects of iegslatiOn' consistent with
the Constitution Of the United States and the
provisions of the organic act. The legislative
step submitting to the people the question as
to whether they would frame State consttu-
ton, was not only consistent with the COnsti-
tuition of the United States and the pro- isiOns
of the organic act, but was expressly warrant
ed in this 18th section, which defined the
E! temporary character of the Territorial
government, and looked forward to the for
nation of "a State or StdUes.' In accOr-
dance therefore, with this recognition of It's
ll8nl ana uuly, the ltlTIufidl Legislature, III
July, 1855. passst an act providing that
poll should be opened for taking the sense of
the people upon the eXpediency of calling a
convention 10 frame Il State constitution.
This vote was directed TO be taken at the gen
eral cleo ton, to come off in October 1856. Thus
they gave ample TIM TO consider this ques-
ton. When the day came. the p.Ople voted /:
they voted without Interruption. | have
never beard that there was fraud charged in
oY,1 i,,t,ify-
of the people determined tliat they would
change the form of their government, and for
that purpose call acOnvention to adopt con-
stitutlUn. At a subsequent session of tn Leg
islature, in February. 1857, some months af-
ter this result had been asccrtained an act
was passed providing for taking a census of
the people, for making registry of the yOt' rs,
and for the election of delegates to the con-
vention. This was all regular. The census
and registry were taken, except in certain
counties where it was resisted and prevented
by the violence of the Frec-Soil party; and
when the day appointed for tie election of
delegates came. which was the Sd Monday in
June, 1851. the delegates were chosen by po-
pular vote, aud on the Ist Monday of : ptcm-
byr they assembled in convention, and, after
due d liberation adopted the constitution
which is now before Us. | know of no fraud
charged in connection with this election, or
with this result; except that the very anti
slavery extremists, who prevented full cen
sus and registry, now have the elirontery to
complain of the failure TO take full census
and registry.
There was one great and only question
which had divided the people of the Terrific
~. Every gentleman knows, Whatrv, may
be his position upon this issue, that there was
but one great question dividing the people,
aud that was tue question of slavery. The
convention had inserted in the constitution u
slavery claus; but as it was doubtful whether
Il majority Of the pcOpl. preferred that the
State should oe a slave holding State, they
very properly submit, d that question, and
that question only to the popular vote.
| maintain that in no other way could the
sense OF the people have been So cl.arly as
ccrtained upon this most exciting question
There were doubtless some minor questions
upon which the people fired in opinion, but
if they had complicated this question with
other and minor issues, there would have been
great uuc, rtaiuty rs TO what the sense Of the
people was upon the question of slavery; l
think therefore they pursued the proper
course. This vote was appointed to b. taken
on the 2lst Of Dcccmb +, 1881 and was legally
cast; when il was found that a very d, cid d
majority Of the voters had record d their
votes in favor of retaining the slavery clause
in the constitution. Thus the whole work
was finished, aud the constitution was IL
dopt,d.
1t is said that the convention ought to have
submitted the whole constitution 10 a popular
vote. IL appears to me that this was not at
all necessary. The people had already twice
voted-once upon calling "a convention, and
secondly upon the election of delegates to
form the constitutional which thy had
fair opportunity of clecting, aud did elect,
delegates rejecting and embodyug their will
They had the right 70 Instruct those delegate, ;,
had they seen proper, tn frame constitution
and submit il Ia them for ratification. But
they did not see proper 80 to do. On the
contrary, thc delegates were expressly iu-