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