Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1858-01-07
NO x-gMz FAYETTEVILLE TENM THURDlY JANUARY 7, 1858

| efectl0n lot UeleSates, put au oPpo
tunity to do this having been fall
afforded, their refusal to avail them
selves Of the right could in no man
neraffect the legality the convention
This convention proceeded t
frame a constitution for Kansas, an
finally adjourned on the 7th day
November. But little difficult,
occurred in the convention, excep
on the question Of slavery: Tn
/ truth is that the general provisions 0
our recent State constitut6ns are 81
similar and, ] may add SO excel
lent-that the difference between
them is not essential. Under tn,
earlier practice of the Government
no constitution framed by the con
yention of a Territory preparatory
to its admission into the Union as {
State, had been submitted to- the
people. TRUST, however, the exam
pie set by the last Congress, requiring
tba. the Consultation Of Minnesota
SHOULD be subjected to the approval
and ratification of the people of the
proposed State may be followed on
future occasions. | took it fol
granted that the convention of Kan
sas would act in accordance with the
example, founded, as it is, on. correct
principles; and hence my instruction
to Gov. Walker, 10 favor of submit
ting the constitution to the people,
we're expressed in general and un-
qualified terms.
In the Nebraska act, how
ever, this requirement, as applicable
to the whole constitution, had not
been inserted, ,and the convention we're
not bound by its terms to submit
any other portion Of the instrument
to an election, except that which re-
lates to the domestic institution
of slavery. This will be rendered
clear by a simple reference. to its
1t was mot to legislate
slavery into any Territory or State
nor to exclude it therefrom,. but to
leave the people thereof perfectly
free to form aad regulate their domes-
tic institutions 10 their own way.
According to the plain construction
of the sentence, the words domestic
have direct as they
have an appropriate. reference TO
slavery. domestic Institutions"
are limited to the family. The
between master and slave
and a few others are "domestic insti-
tutions' aud are entirely distinct
from institutions Of a political charac-
ter. Besides, there was no question
then before Congress, nor indeed
has there since been any serious
luestioo before the people Of Kansas
or the country, except that which
relates to the domestic institution"
Of slavery.
The convention, after an angry and
excited debate, finally determined, by
a majority of only two, to submit the
question of slavery to the people.
though at the last, forty-three OF the
fifty delegates present affixed their
to the constitution.
A majority of the convention were
in favor of establishing slavery in
Kansas. They accordingly inserted
an article in the Constitution for this
purpose similar in form to those which
had been adopted by other territorial
Conventions. In the schedule, how
ever, providing for the transition from
a territorial to a State government,
the question has been fairly and ex-
plicitly referred to the people, wheth-
er they will have g constitution with
or without slavery" 1t declares that,
before the constitution adopted by the
convention ssshalI be sent to Congress
for admission into the Union as a
State" an election shall be held to de-
eide this question at which all, the
white male inhabitants Of the terrific
ry above the age Of Fl are entitled to
vote. They are to vote by ballot,
and the s.ballots cast at said election
shall be endorsed constitution with
slavery and Constitution with no
slarefy.s If there be majority In
favor Of The "constitution with slave
ry,'' then it is to be transmitted 20
Congress by the President of the
Convention in It's original form, If,
on the contrary, there shall be a ma
iority In favor Of the constitution
With no slavery" "then the article pro-
viding fol slavery shall be stricken
from the constitution by the President
Of this conventions" and it is express