The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-03-27

Sec. 2. The Governor may appoint Judges
| of Elections, and in case of the absence or re-
| fusal to act of any of said Judges, the legal
voters present may fill said vacancy. The
Judges of Elections shall appoint Clerks of
| Elections. and both Judges and Clerks shall
take an oath to conduct said elections and
make returns according to law
| Sec. 3. The returns of elections shall be GER
| tilted, signed, sealed, and transmitted to the
Secretary of State within ten days from the day
| of election, who, with the Governor and Audit
| or of Public Accounts, shall proceed to canvass
the votes, and shall give certificate OF election
| to the person receiving the greatest number of
| votes. In case of tie, the Governor shall Or
der a new election.
Proceedings of the United States Senate Cues
| ton of the Organization Of State Government.
We noticed last week the bill introduced by
Senator Douglas to authorize the formation of
State Constitution in Kansas. "H. Co." in
his correspondence, says:
"Mr. d. proposes to allow Kansas hereafter,
when she shall have been found by census to
have more than 93,340 inhabitants, 1.-THE pres
ent ratio of the House of Representatives, to
hold an election under the laws of the bogus
| Legislature which deny the right of suffrage to
| Fugitive Slave Act, and concede it to all other
| inhabitants of the Territory, no matter whether
| of five years or FIVE minutes duration"
The bill recognises the "bogus Legislature"
| by authorizing it to call Convention, &C., but
| the rest of the statement of al. G." is, we be-
| lieve, generally incorrect. The bill does not
recognise the acts of that assemblage in regard
to the qualification of voters. 1t provides, that
every white male inhabitant over twenty-one,
who shall have resided in the Territory sac
months, and in the district in which he is a
voter, three months prior to the election, and
who shall have the qualifications prescribed by
the organic act of the Territory shall be emit
tied to vote, and no other.
| Senator Seward, it will be noticed, has intro
duced a substitute, which proposes the imme-
date admission of the State of Kansas, on an
equal footing with the original States. 1t vir-
tualy recognises the existing form of State
Government, prescribes boundaries, conditions
as to public lands, salt springs, &c.
The great debate is at last opened in the Sen
ate on the practical Queston-Shall Kansas be
admitted now as State? Mr.. Collamer has
the floor to-day, and Mr.. Seward may follow
him.
AS we do not recognise the dogma of " Squat
ter Sovereignty in relation to government
of Territories of the United States, we hold that
it is the duty of Congress to provide for the
proper government of Territories, to determine
fundamental questions in relation to their So
cial and political institutions, and, in due time
to pass acts, authorizing their organization into
States, with certain boundaries, and on GER
tain conditions. This was the original practice
of the Federal Governments wise and beneG-
cent one. So long as it was adhered to, there
was no conflict of jurisdiction, no such pain
full controversies as we have witnessed in Kan
sas, no necessity for the People of Territories
tot brow themselves on their reserved rights
against oppression and aggression.
But, the practice has been departed from,
especially in relation to the organization of
State Governments in Territories. Sometimes
the People of a Territory, under the lead of the
Territorial Government, but without authorize
ton by Congress, have assembled in Conven-
ton, formed State Constitution and Govern
ment, and, on memorial, been received into the
Union, by an act of Congress ratifying their
proceedings. Sometimes, without the interven-
ton of the Territorial Government, but in con-
currence with its sympathes, without authority
from Congress, they have done the same thing,
and their action has received Congressional
sanction. In California, there was only Pro-
visional Government, the head of it being the
military commandant of the District, but the
Convention that formed the State Constitution
was convened under his Proclamation.
1t will thus be seen that Congress has sane
toned all sorts of irregularities in the organiza-
ton of State Governments, on the assumption,
doubtless, that whatever might be done by the
People of Territory On the subject could
have no force, until sanctioned by its own act.
The case of Kansas is somewhat peculiar A
Territorial Government was provided for it, |
but, owing to fraud and violence perpetrated |
by men not resident in the Territory, it be.
came an instrument of oppression, and no re.
sort left to the bona ,ide settlers, but to or
ganize State Government, and ask Congress |
directly to sanction their acts. Their Conven-
ton was not called by the Territorial authori- |
ties, or in concurrence with them, but in the |
face of their hostility. Still this did not deprive
them of the right to meet together, to agree |
upon such form of Government, and elect such |
officers as they saw proper-just as had been |
done in Michigan, California, and Florida. 1t |
was, of course, revolutionary but not treason
ous-for they did not assume that their acts |
had the validity of law, nor did they propose to |
enforce them. The conversion of Territory |
into State, no matter how accomplished, is a |
revolution, but, if effected, not against or by |
the subversion of rightful authority, but in &C, |
cordance with it or by its sanction, it is not re-
bellion.
Revolution in our country is made normal
and constitutional. The form of a State Gov
eminent has been agreed upon in Kansas-the
officers whom the People would have, are desig.
mated: and now they respectfully ask Congress
to recognise them, and ratify their doings. If
Congress accede to their request, their acts be-
come legalized by Federal authority. If Con-
gress reject their application, their acts have
no validity, any further than as an expression
of the popular sentiment of the Territory,
Should they attempt then to make the form of
Government, reality, place it in direct and
unequivocal conflict with the Federal authority,
and organize to enforce their will by the
subversion of this authority, the movement
would doubtless be a rebellion, unless, indeed,
the doctrine of "Squatter Sovereignty be