A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
This convention proceeded to frame a constitution for Kansas, and
finally adjourned on the 7th 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 and, I 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 a 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 constitution of Minnesota "should be subject to the approval and
ratification of the people of the proposed State," may be followed on
future occasions. I took it for granted that the convention of Kansas
would act in accordance with this example, founded, as it is, on correct
principles, and hence my instructions to Governor Walker in favor of
submitting the constitution to the people were expressed in general and
unqualified terms.
In the Kansas-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 the instrument to
an election except that which relates to the "domestic institution"
of slavery. This will be rendered clear by a simple reference to its
language. It was "not to legislate slavery into any Territory or State,
nor to exclude it therefrom, but to leave the people thereof perfectly
free to form and regulate their domestic institutions in their own way."
According to the plain construction of the sentence, the words "domestic
institutions" have a direct, as they have an appropriate, reference to
slavery. "Domestic institutions" are limited to the family The relation
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 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 signatures to the constitution.
Public-domain text, read in full here on John Shaqi.
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