Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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.
A large 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, however, providing for the
transition from a Territorial to a State government the question has been
fairly and explicitly referred to the people whether they will have a
constitution "with or without slavery." It declares that before the
constitution adopted by the convention "shall be sent to Congress for
admission into the Union as a State" an election shall be held to decide
this question, at which all the white male inhabitants of the Territory
above the age of 21 are entitled to vote. They are to vote by ballot, and
"the ballots cast at said election shall be indorsed 'constitution with
slavery' and 'constitution with no slavery.'" If there be a majority in
favor of the "constitution with slavery," then it is to be transmitted to
Congress by the president of the convention in its original form; if, on
the contrary, there shall be a majority in favor of the "constitution with
no slavery," "then the article providing for slavery shall be stricken from
the constitution by the president of this convention;" and it is expressly
declared that "no slavery shall exist in the State of Kansas, except that
the right of property in slaves now in the Territory shall in no manner be
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