Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1856-06-24


Kentucky 61,l03 Missouri $685.
Tennessee 6 i,649 Arkansas 1000
Ohio 10000 Michigan 92,673
Louisiana 4l,S90 Florida 27,09l
Indiana 10000 Iowa 81 1921
Mississippi $4,000 California 92.5T1
Alabama /. $4,000
But this is not ALL At the adoption of the
Eedefal Constitution, there weie three OF the old
Thirteen States whose respective population did
notreach the amount now required for Kansas.
These were Delaware, with a population of
59,096; Rhode Island, with a population of
Ga 689; and Georgia, with population of 50, ,54S.
And even now, while speak, there are at least
two States, with Senators on this floor, which,
according to the last census do not contain the
population now required of Kansas. refer to
Delaware, with population OF 81 ,635, and Flor
ida, with population Of freemen amounting on
ly to 47,203. So much for precedence Of popu-
lation.
But in sustaining this objection, it is not un
common to depart from the strictrule of numer-
cal precedent, by suggesting that the population
required ina a new state has always been, in point
of fact, above the existing ratio of representa-
ton for member of the House of Representa-
tives But thisis not true; for at least one State,
Florida, was admitted with population below
this ratio, which al the time was 70,680. So
much, again, for precedents. But even if this
4 coincidence were complete, it would be imposl-
BILE to press it into binding precedent The
RUE seems reasonable, and in ordinary cases,
would not be questioned; but il cannot be drawn
or implied from the Constitution. Besides, this
ratio is in ITSELF sliding scale. At first, it was
$4,000, and thus continued till 1911, when it was
put at IS, ,000 In 1922, it was 10000; in 1882,
it was 47,70o; in 1912, it was 70,680; and now,
it lis 93,420. II any ratio is 10 be made the foun-
dation Of binding rule, 1t should be that which
prevailed at the adoption of the Constitution,
and which still continued, when Kansas, as a
part of Louisiana, was acquired from France, un-
der solemn stipulation that it should "be incor'
porated into the Union of the United States as
soon as may be consistent with the principles oil
the Federal Constitution" But this whole OBJ
lection is met by the memorial of the people Of
Florida, which, good for that State, is also good
for Kansas. Here is passage.
"But the people of Florida respectfully insls
that their right to be admitted into the Fedora
Union as State is not dependent upon the fac
of their having population equal to such ratio
Their right to admission, it is conceived, is guar
anteed by the express pledge in the sixth article
efthe treaty before quoted; and if,any rule as Il
the number of the population is to govern, i
should be that in existence at the time of tn
cession, which was thirty-fve thousand. The,
submit, however, that any ratio OF representa-
ton, dependent upon legislative action, base
solely on convenience and expediency, shiftin
and vacillating as the opinion OF majority o
Congress may make it, now greater than at
previous apporionment, but which future Con
gvess may prescribe to be less, cannot be one o
the constitutional "PRINcIPLEs" referred to Il
the treaty, consistency with which, by its terms
is required. 1t is, in truth, but mere regula
tion, not founded on principle. No specific
number ofpopulation is required BY any recog
1ad ac N "a az
of a free Government
at is in no wise inconsistent with the princi
pies Of the Federal Constitution that the popu
lation OF State should be less than the ratio Q
Congressional representation. The very case
provided for in the Constitution. With such de
6cient population, she would be entitled to on
Representative. If any event should cause de
crease Of the population of one of the States eve
to number below the minimum ratio of repre-
sentation prescribed by the Constitution, 81
would still remain member of the Confederation
and be entitled to such Representative. II is II
spectfully urged, that rule or principle whiC
would not Justify the expulsion Of State with
deficient population, on the ground Of incol
sistency with the Constitution, should not e.
cude or prohibit admission" ."-[Exec. Doc, 27
Cong, I'd sess- VOL a. No. 306.l
Thus, sir, do the people Of Florida, plead l
the people Of Kansas.
populaton II Is sAA tlset- -tiie proceedings Tor .
r-vf6ffmition Ola new State are fatally defective
form. II is not asserted that previous enabl
Actof Congress indispensable; for there are n
torious precedents the other way, among whi
ore Kentucky in 1871 Tennessee in 1875; Mai
in 1890 and Arkansas and Michigan in 1886.
But It is urged that in no instance has a Sta
bseR admitted, whose Constitution was form
without such enabling Act, or without the a
ihority of the. Territorial Legislature. This
not true; for California came into the Unionw wi
a Constitution, formed not only without a
previous enabling Act but also without a
sanction from Territorial Legislature. L
proceedings which ended in this Constitute
were initiated by the military Governor thel
acting under the exgency of the hour. This i
stance may not be identical in all respects wi
that Of Kansas; but it displaces completely o
OF the assumptions which Kansas now encou
tsrs, and II also shows completely the dispositi
TO relax all rule, under the exigenoy Of the hol
In order 10 dosubsiantial justice.
But there Is q memorable instance, which co
tains in itself every element Of rregularitywhi
you denounce in the proceedings OF Kansas
% Michigan, now cherished with such pride as
sister State, achieved admission into the Uni
in persistent defiance of allrule. DO you
for pgecedents9 Here is precedent for the ID
gest latitude, which you, who profess deieren
to precedent, cannot disown. Mark now !
stages Of this case. The hrst proceedings
Michigan were without any previous enabli
Act Of Congress; and she presented herself
your door with Constitution thus formed, a
With Senators chosen under that CONSTITUTION
precisely az Kansas now. Thiswns IN pecemp
1898, white Audrew Jackson was & PIesloens;, ",