The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-04-10
SENATOR DOuGLAs' nEP0RF on
KANSAS ARTAIDA.
SUBMITTED TO rnS SENATE, MARCH IL. 1856


referred 50 much Of the annual message Of the
President of the United States as relates to
territorial affairs, together with his special
regard 10 Kansas Territory, and his message Of
the 18th OF February, in compliance with the
resolution OF the Senate Of the 4th Of Febru-
airy, 1856, requesting transcripts OF certain pa
pers relative TO tho affairs Of the Territory Of
Kansas, having given the same that serious and
mature deliberation which the importance Of
'he subject demands, beg leave to submit the
following
REPORT.
Your committee deem this an appropriate
occasion to state briefly, but distinctly. the
principles upon which new States may be ad
mitted and Territories organized under the au
thority of the constitution OF the United
States.
The constitution section ), article a pro.
vides that new States may be admitted by the
Congress into this Union
Section 8, Grtcle !: Congress shall have
power to make all laws which shall be nccessa-
ry and proper for carrying into execution the
foregoing powers, aud all other powers vested
by this constitution in the government OF the
United States, or in any department or Office
thereof"
- InlL ap,sns.g.aa.. r.. ;a%S:s =. =. !iss-.
ted to The United States, by the constitution,
nor prob Lifted by il 10 TIE States, are reserved
to the States respectively. or to the people"
A State Of the federal Union is sovereign
power, limited only by the constitution Of the
United States.
The limitations which that instrument has
imposed are few, specific, and uniiorm---appl.
N bio alika IN oil tho StasaS old and
There is no authority for putting a restriction
upon the sovereignty Of new State which the
constitution has not placed on the original
States. Indeed, il such restriction could be
imposed on any State, it would instantly cease
to Nea STATE within the meaning Of the federal
constitution, and, in Consequence Of the in
equality, wouid assimilatc TO the condition of
u province or dependency. Hence, equality
aeaes oil the States Of the Union is ianda.
mental principle in our iederative system--a
principle imbodied in the constitution, as the
basis upon which the American Union rests.
African slavery existed in all the colonies,
under the sanction OF the British government,
prior to the Declaration Of Independence
When the constitution Of the United States
was adopted, it became the supreme law and
bond OF union between twelve slaveholding
States and one non-slaveholding State. Each
State reserved the right TO decide the question
Of slavery for itselfVto continue Il a tomes
tic institution 80 long as il pleased and TO abol-
sh il when it chose
In pursuance of this reserved right, six Of the
original slaveholding States have since abolish
ed and prohibited slavery within their limits
respectively, without consulting Congress or
their sister States while the other six have re.
tanned and sustained it as domestic institu.
ton, which, in their opinion. had become 50
firmly engraited on their social systems that the
relation between the master and slave could not
bc dissolved with safety to either In the
meantime. eighteen new States have been ad-
,,,;,,ed ;,,o ,b. Tnior in olad;ence IN tho fasl
"'','.u ', ,.'... ~ .'% ''" " ", -. ~.
original states including Of course. the right
Of each TO decide the question Of slavery for
itself In deciding this question. il has 40 han
pened that nine of these new States have abol-
shed and prohibited slavery, while the other
nine have retained and regulated il. That
these new STATES had. nj the time of their nd.
mission, and still retain. an equal right, under
the federal constitution with the original States
TO decide NIL ouestions Of domestic policy for
themselves, Including that of African slavery,
oupht not 10 be seriously vuestioncd, and Ger.
taiply cannot be successfully controverted.
They are nil subject TO the same supreme
law. which by the consent of each constitutes
the only limitation upon their sovereign autho-
rity
Since we find the right to admit new States
enumerated among the powers expressly delegat.
ii In the constitution the question arises, whence
doe. Congress derive authority TO organize tenn
-,orarv governments for the Territories. prepara-
torv to,beir admission into the Union on nm
equal ioo,ipg with the original states ? Your
committee are no, prepared 10 adopt the ruas-
ming which dciuces the power from that Other
.3aas,. # the eo,,1,i.at;o: which savs:
.con,,.. .hsih,v. po~-r 10 a,spo.. Of, and m.s.
all n-.iu rules and regulation. re.psetns Tho t.rr'ey
oT ''h'r property ''Nhs'nS 20 inv 'h''''
The language Of this clause is much more
appropriate when applied TO property than to
persons. Il would seem 10 have been employed
lor the purpose Of comforting upon Congress
the power of disposing OF the public lands and
ether property belonging to the United States
and 10 make all needfnl rules and regulations
for that purpose rather than to govern the
ueope who might purchase those lands from
The United States and become residents thereon
Tho word territory" was an appropriate ex
preston TO designate that large area Of public
land. Of which the United States had bec0m,
,he owner by vir,ne Of the revolution aud the
ces.iou by the several States. The addtiona
,ords -or other property belonging to the Uni
tel States clearly show tha, the term terri
tory was used in its ordinary geographical