New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-13
SHALL KANSAS BIZ ADMITTED


This is the question of war or peace, and it lies
with the House Of Representatives to decide it.
To keep out Kansas till it can by the appliances of
rufianism be made to apply for admission az
Slave State, is TO murder out its population
and put down by military force their friends in the
Free States who will rise 10 assist or ayenge
them. The extent Of this sanguinary process,
either in space or time it is not easy to prophecy;
but il will surely be one of the wOfulest chapters
in the history of til orld, with no redeeming fea-
ture unless it le the extinction of American
Slavery If Kansas is ever to be admitted as
Free State, the Shareholders themselves and even
their interruptions tools, Gushing and Pierce, must
be sane enough to admit that it had better be done
now.
Such being the state of the question, we submit
that case has arisen in which the Peoples House
is fully justified in eXerting to the utmost IT'S power
over the Peoples Purse to carry out the Peoples
VIII. If the Senate and Executive in obedience
to the Slavery-e1tendng faction, refuse to admit
Kansas with its Free Constitution let the supplies
be withheld To do otherwise is nothing else than
to put into the hands Of that remorseless faction
the means of involving the nation in blood and
flames with the full knowledge that they mean to
do it, After the nefariOus ayowal which Pierce
made in his recent special message that he will sus
tain the acts Of the Rufian Legislature, and the still
more explicit declaration OF the Proclamation which
we publish this morning, would 1t be less than
madness to subject the national treasure to his ex-
peDditure without some substantial guaranty that
il should not be used to murder the FreeState
people of Kansas or some act putting it beyond his
power TO do so Any representative OF Free
State who votes dollar to the army OF which Gen.
Pierce is the constitutional cOmmandcr-in-chief,
before such barrier is set up in behalf OF the
settlers of Kansas, ought to weigh the question
Of his own personal safety for some little time
ahead. He may be sure his vote will go to bring
about state OF things very different from that in
which Shareholders, who threaten TO muster their
slaves under the shadow of Bunker Hill Monument,
now traverse the North in perfect security
We are we'll aware that many Northern people
are so much more blessed with conscientious re-
gard for their obligations under the constitution
than with right understanding pitts force, that if
made to believe the constitution forbds the admis-
sion of Kansas on its present application they would
exclude il at any risk 1t is but too probable that
the ignorance as well the interests of these peo
pie is represented in Congress. The question of
the constitutionaty of receiving Kansas with the
Topeka Constitution, really requires only perusal
of the Constitution of the United States, with
glimmeriDg of sense aud candor, to insure decis-
ion in the affirmative. But if any one seeks au-
thOrty he may have that of President JacksOn's
Attorney General the Hon. L. T. Butter, to whom
the question Of the admissiblity OF Arkansas, with
a constitution not cal for or sanctioned BY act
OF Congress, was submitted in 1885. He then con-
sdered aud disposed of the very question which
now arises in regard TO Kansas, with logic which
may safely defy the pettifogging Of Pierce and
Gushing united. We quote the clincher Of his
opinion:
AS the power of Congress over the whole subject
is plenaIy and unlimited, they may accept any cOnstl
tuition, however framed which in their Judgment
meets the sense of the people to be affected by H. IT,
the eioIc the citizens of Arkansas think proper
company their petition by written constitution,
formed and agreed on by their primary assemblies, or
bv convention of elogates, chosen 10y such assem-
bles perceive legal objection thtrpow5r do
go, to any that may be taken to collect the
of the people In respect 10 1t, provided always
that such measures be commenced and prosecuted ia
4
ing Territorial Government, and in entire subseryrncy
TO the power of Congress TO adopt. reject disregard
them at pleasure"
Do not the Topeka constitution and all the pro-
ceedings in regard 10 it fall clearly within these
conditions Now take notice that this opinion OF
the United States Attorney General was given. not
after any RubicOn had been crossed, but before
Arkansas had made its application, on the inquiry
OF the Territorial Governor whether he should
allow the initiatOry proceedings to be taken by tn,
Territorial Legislature without an enabling act OF
Congress.
Here is ground broad enough for every friend OF
free institutions to stand upon; and is it not TO be
hoped that all, sinking for the time minor matters
Of difference, will stand upon il, and insist at al
hazards that this unquestionable right Of the people
OF Kansas and of the Free States shall prevail To
enforce the duty Of the North on this momentous
occasion. We cannot do better than TO quote the
language Of Attorney.Geueral Gushing himself Ut
tered in the debate on the admission of Arkansas
at time wien he stood up in Congress fegning to
have backbone and that on thevery question which
bis own recreancy has helped to precipitate upon
the North. Arkansas had presented herself for ad-
mission to the Union, with constitution not only
allowing Slavery as she had right TO do under the
ill-staEred Missouri Compromise, but forbdding