Clarksville chronicle. (Clarksville, Tenn.) 1857-1865, 1858-04-23
passing through the various stages oflegal
action 10 its final adontion.


passing through the various stages oflegal
action to its final adoption.
In 1854 Congress passed the Kansas
Nebraska act, organizing temporary Ter
ritorial government for Kansas, in which
it was declared that "the legislative pow
err of the Territory "shall extend to all
rightful subjects of legislation, consistent
with the Constitution of the United States
aud the provisions Of this act Among
the "rightful subjects of legislation" al
luded to, was doubtless that of proposing,
at the proper time, for taking the sense of
the people of the Territory upon the ques.
ton of adopting State constitution
This is apparent from the 10Th section of
the act which, after declaring the Terri
torial government to be temporary" in its
character looks to the future admission of
Kansas into the Union as State, express
ly providing that, "when admitted as a
State or States, the said Territory, or any
portion of the same, shall be received in
to the Union with or without slavery, as
their constitution may prescribe at the
time" We have heard much said lately
about the necessity for an "enabling act !"
this is modern necessity that | attach
very little consequence to. L see no more
necessity for enabling acts now than there
was in the earlier days of the Republic,
when they were unknown and unrequired.
But if one is now thought to be needed,
here is an enabling act; and l quote the
language of the organic act to show pal
pable authority to the Territorial Legisla-
ture for taking the initiatory step in pre-
pairing for constitution, and for admiss-
ion into the Union as a State. The legis-
lative power of the Territory extended to
call rightful subjects of Legislation" con-
sistent with the Constitution of the Uni
ted States and the provisions of the or
ganic act The Legislative step, submit
ting to the people the question as to wheth-
er they would frame State constitution,
was not only consistent with the Consti-
tuition of the United States, and the pro-
visions Of the organic act, but was ex-
pressly warranted in this 18th section,
which defined the temporary" character
of the Territorial government, and looked
forward to the formation of ga State or
States" In accordance, therefore, with
this recognition of its right and duty, the
Territorial Legislature, in July, 1855,
passed an act providing that poll should
be opened for taking the sense of the peo-
pie upon the expediency of calling a con-
vontion to frame State constitution
| This vote was directed to be taken at the
general election, to come off October, 49,
Sc. Thus they gave ample time to con-
slider this question. When the day came,
the people voted without interruption. /
have never heard that there was fraud
charged in taking that vote; and very
large majority of the people determined
that they would change the form of their
government, and for that purpose call a
convention to adopt constitution.
At subsequent session of the Legisla.
ture, in February, 1857, some months after
this result had been ascertained an act was
passed providing for taking census of
the people, for making a registry of the
votes, and for the election Of delegates to
the convention. This was all regular
The census and registry were taken, ex-
cept in certain counties, where it was reg
istered and prevented by the violence of
the Free Soil party; and when the day
appointed for the election of delegates
came, which was the Sd Monday in June,
! 1857, the delegates were chosen by popu-
lar vote, and on the LIST Monday Of Sep
TENDER they assembled in convention, aud
after due elaboration, adopted the consti-
tuition 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 pre-
vented full census and registry, now have
the effrontery 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 Ter
ritory. Every gentleman knows, whatever
may be his position upon this issue; that
there was but one great question dividing
the people, and that was the question OF
slavery. The convention had inserted in
the constitution slavery clause but as
it was doubtful whether majority of the
people preferred that the State should be
a slave holding State, they very properly
submitted that question, and that question
only to the popular vote.
maintain that in no other way could
/ lllO SChoS VI 'hS pSopiS hdNO pOSh ~ SlCdi y
ascertained upon this most exciting ques-
ton There were doubtless some minor
questions upon which the people differed
in opinion, but if they had complicated
this question with other and minor issues
there would have becu great uncertainty
as to what the sense of the people was
upon the question of slavery; | think
| therefore they pursued the proper course
This vote was appointed to be taken on
the 2Ist of December, 1857, and was legally
cast when it was found that very de,
cided majority of the voters had recorded
their votes in favor of retaining the slavery
clause in the constitution. Thus the whole
work was finished, and the constitution
was adopted.
1t is said that the convention ought ia
have submitted the whole constitution to