The Kanzas news., 1858-01-02

1 4uOottou Vi slavery from Tue people, ana te
substitute their own will for that of legal
/ ly ascertained majority of all their constit-
uents, this would have been instantly re-
ijected. Everywhere they remained true tc
the resolution adopted on celebrated occa-
sion, recognizing 1.-THE right of all the Ter.
ritories, including Kanzas and Nebraska,
acting through the legally and fairly ex.
pressed will of majority of actual resi-
dents, and whenever the number of their
inhabitants justifes it, to form Constitu-
ton, with or without slavery, and be ad-
mitted into the Union upon terms of perfecl
i equality with the other States.'
j The Convention to frame a Constitution
! for Kanzas met on the first Monday of Sep
tember last. They were called together by
virtue of an act of the Territorial Legisla-
ture, whose lawful existence had been re-
cognized by Congress IN different forms and
| by different enactments.
/ A lg7ge proportion of the citizens of Kan
zas did not think proper to register their
names and vote at the election for Delegates,
but an opportunity to do this having been
fairly afforded, their refusal to avail them
selves of their right could in no manner
affect the legality of the Convention.
This Convention proceeded to frame a
Constitution for Kanzas, and finally ad-
journed ON the 7th day of November. But
little difficulty occurred in the Convention,
except on thesubject of slavery. The truth
| is that the general provisions of our recent
State Constitutions are so similar, and may
add so excellent, that the difference between
them is not essential. Under the earlier
practice of the Government, no Constitution
| framed by the Convention of Territory,
preparatory to its admission into the Union
as a State, had been submitted to the people.
I trust, however, the example set by the
last Congress, requiring that the Constitu-
ton of Minnesota '.should be subject to the
approval and ratification of the people of
the proposed State,'' may be followed on
future occasions. ISook it for granted that
the Convention of Kanzas would act in ac-
cordance with this example, founded as it
is on correct principles and hence my in
structions to Governor Walker, in favor of
submitting the Constitution to the people,
were expressed in general and unqualified
terms.
In the Kanzas-Nebraska Act, however,
this requirement, as applicable to the whole
Constitution, had not been inserted, and the
Convention were not bound by its terms to
submit any other portion of it to an election,
except that which relates to the domestic
institution of slavery. This will be rem
dered clear by simple reference TO its Ian
guage. It was s'not to legislate slavery into
any Territory or State, but to leave the peo-
late their domestic institutions IN uneir own
way" According to the plain construction
of the sentence, the words domestic insti-
tution'' have direct, as they have an ap-
pirate reference to slavery. Domestic in
stitutions'' are limited to the family. The
relations between master and slave, and a
few others, are domestic institutions, and
are entirely distinct from institutions of a
political character. Besides, there was no
question then before Congress, nor indeed
has there since been any serious question
before the people of Kanzas or the coun-
try, except that which relates to the ''do-
mestic institution" of slavery.
The Convention, after an angry and ex-
cited debate, finally determined, by major
| ity of only two, to submit the question of
slavery TO the people, though at the last
fony-three of the fifty delegates present af-
fixed their signatures to the Constitution.
A large majority of the Convention were
in favor of establishing slavery in Kanzas.
They accordingly inserted an article in the
Consultation for this purpose, similar IN
form to those which had been adopted by
other Territorial Conventions. In the sched-
ule, however, providing for the transition
from Territorial TO a State government,
the question has been fairly and explicitly
referred to the people, whether they will
have Constitution with or without slave
ry.'' It declares that before the Coustitu-
ton adopted by the Convention ''shall be
sent to Congress for admission into the
Union as State" an election shall be held
to decide this question, at which all the
white male inhabitants of the Territory
above the age of 81, are entitled to vote
They are TO vote by ballot, and ''the ballots
cast at said election shall be endorsed :
Constitution with slavery and 'Consti-
tuition with no slavery If there be ma
ioirty in favor of the Constitution with
slavery then it is to be transmitted to
4 Congress by the President of the Conven-
ton, in its original form. Ii, on the con
trary, there shall be majority in favor ol
the Constitution with no slavery then
the article providing for slavery shall b'
stricken from the Constitution by the Pres
ident of this Convention;' and 1t is ex
pressly declared that ''no slavery shall exls
In the State of Kanzas, except that the righ
, of property in slaves now in the Territory
shall in no manner be interfered with ;" ant
in that event it is made his duty to have IN
Constitution thus ratified transmitted to th'
Congress of the United States for admission
: into The Union.
At this election every citizen viii hav'
E an opportunity of expressing an opinion .!
: his vote, sswhether Kanzas shall be receives
: into the Union with or without slavery,
and this exciting question may be peaceful
i Iy settled in the very mode required by tn
! Organic law. The election will be held un
der legitimate authority. and if any Portiol
: of the inhabitants shall refuse to vote,
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