The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-05-29

New York has entitled himself to the gratitude
of the country. He has, throughout a life of UNI
surpassed industry, and of eminent ability done
much for Freedom which the world will not let
die but he has done nothing more opportune
than this, and he has uttered no words more
effective than the speech, so mastery and ngeni-
Gus, by which he has indicated it.
Kansas now presents herself for admission with
Constitution republican in form. And, independ-
ent of the great necessity of the case three con-
! siderations of fact concur in commencing her.
First. She thus test6es her Willingness to relieve
the Federal Government of the considerable pc
cuniary responsibility to which it is now exposed
on account of the pretended Territorial Govern
ment. Secondly. She has by her recent conduct,
particularly in repeling the invasion at Wakaru-
sa, evinced an ability to defend her Government.
And, thirdly, by the pecuniary credit, which she
now enjoys, she shows undoubted ability to
support it. What now can stand in her way?
The power of Congress to admit Kansas at
once is explicit. 1t is found in single clause of
the Constitution, which, standing by itself, with
out any qualification applicable to the present
| case, and without doubtful words, requires no
| commentary. Here it is:
"New States may be admitted by Congress into this
Union; but State shall be formed or erected with
in the jurisdiction of any other State, nor any State be
formed by the junction OF two States parts OF
States, without the consent of the Legislatures OF the
States concerned, as well as of the Congress"
| New States MAY be admitted. Out of that lit
| tie word, may, comes the power, broadly and full
ly-withOut any limitation founded on population
| or preliminary forms-provided the State is not
| within the jurisdiction of another State, nor
| formed by the junction of two or more States or
parts of States, without the consent of the Legis-
| latures of the States. Kansas is not within the
| legal jurisdiction Of another State, although the
| laws of Missouri have been tyrannically extend
| ed over her; nor is Kansas formed by the june
ton of two or more States; and, therefore, Kan
| sas may be admitted by Congress into the Union,
| without regard to population or preliminary
fofg,a. gu Cannot deny the power, without
obliteratng this clause of the Constitution. The
Senator from New York was right in rejecting all
appeal to precedents as entirely irrelevant for
the power invoked is clear and express in the
Constitution, which is above all precedent. But,
since precedent has been enlisted, let us look at
precedent.
1t is objected that the population of Kansas is
not sufficient for a State and this objection is
sustained by under-rec koning the numbers there
and exaggerating the numbers required by precc-
dent. In the absence Of any recent census, it is
impossible to do more than approximate to the
actual population; but, from careful inquiry of
the best sources, am led to place it at
$4,000, though | observe that prudent author
ity the Boston Daily 1dr0tiser, puts it high
as 10000, and, while | speak, this remarkable
population, fed by fresh emigration, is outstrip-
ping even these calculations. Nor there be
doubt, that, before the assent of Congress can
be perfected in the ordinary of legislation,
this population will swell to the large number of
93,420 required in the Bill of the Senator from
Illinois. But, IN making this number the condition
Of the admission Of Kansas you set up ertraor-
binary STANDARD. There is nothing out of which
it can be derived from the beginning to the end
of the precedents. Going back to the days Of
the Continental Congress, you will find that, in
| 1884, it was declared that 10000 freemen in a
Territory might establish permanent Constitu-
ton and Government for themselves" (JOuyRakS
Of Congress, Vol. 4, p. 379;) and, though this
| number was afterwards, in the Ordinance of 1887
for the Northwestern Territory, raised to 10000,
yet the power was left in Congress, and suisse
qucntly exercised in more than one instance to
constitute State with smaller number. Out
of all the new States, only Maine, Wisconsin, and
Texas, contained, at the time of their admission
into the Union, so large population as it is
proposed to require in Kansas; while no less
than fourteen new States have been admitted with
a smaller population; as will appear in the fol-
lowing list, which is the result of research show
ing the number of " free inhabitants" in these
States at the time of the proceedings which end
ed in their admission: