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A Compilation of the Messages and Papers of the Presidents - Volume 5, part 4: James Buchanan by James D. (James Daniel) Richardson
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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 interfered with;" and in that
event it is made his duty to have the constitution thus ratified
transmitted to the Congress of the United States for the admission of
the State into the Union.

At this election every citizen will have an opportunity of expressing
his opinion by his vote "whether Kansas shall be received into the
Union with or without slavery," and thus this exciting question may be
peacefully settled in the very mode required by the organic law. The
election will be held under legitimate authority, and if any portion of
the inhabitants shall refuse to vote, a fair opportunity to do so having
been presented, this will be their own voluntary act and they alone will
be responsible for the consequences.

Whether Kansas shall be a free or a slave State must eventually, under
some authority, be decided by an election; and the question can never
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