The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-24
THE KANSAS ENABLING BILLS.

Mr.. Douglas in the Senate introduced his
enabling bill, December 18th; and the same
day, similar bill was introduced in the House
by Mr.. Banks. The former is said to be sub
stantially that brought forward in the last Con.
gress by Mr.. Toombs, with provision added
for submitting the Constitution to the People of
Kansas. The bill of Mr.. Banks is copied from
that of the last Congress authorizing the People
OF Minnesota to form State, which was com.
mended by the President as model.
The Toombs bill, as it is called, passed the
Senate on the morning of July I'd, 1855, after
protracted debate and struggle. AS it is the
pattern of the enabling act submitted now by
Mr. Douglas, brief reference to its provisions
may be of service.
L. 1t proposed the appointment of five Com
missioners by the President, by and with the
advice and consent of the Senate, to take cen.
sus of the inhabitants of the Territory of Kan
sas, under regulations from the Secretary of the
Interiors to classify the People, and register
their names; and to examine, count, and COM
plete the returns, forwarding duplicate copies
to the Department of the Interior.
2. Having obtained fair enumeration, the
Commissioners were to divide the whole num-
Der OF white male citizens, including Indians
recognised as citizens, by 81, and the product
obtained was to be the ratio of apportionment
In the election of members to Convention to
form State Constitution.
3. All white male citizens of the United
States, and Indians regarded as citizens, over
twenty one years of age, bona tfde inhabitants
of the Territory at the time of the passage of
the act, and resident three months next prece-
ding the election in the county where they offer
ed to vote, were alone entitled to vote.
4. The places, manner, and judges of the
election, were to be determined BY the Commits.
sioners; all needful rules prepared by them,
and made public; the returns made to them.
SO that they might open them, ascertain who
were elected, and issue certificates accordingly.
Here closed the power of the Commission,
which was then to be dissolved.
No provision was made for submitting the
Constitution to be framed, to the Peoole.
MIR. Douglas, from the Committee on Terri.
tories, reported it subsequently, with some
~-~~-~-~~~-eS'
missiOners should sit every day after the appor
tionment to hear complaints in regard to the
lists of voters, and make correctiops-tbat no
law should be of force or enforced in the Terri.
tory, infringing the liberty of speech or of the
press, or the right of bearing arms and penal
ties were to be inflicted for illegal voting, or
fraud or violence at the ballot.box. All test
oaths were also abolished.
The two objections to the Toombs bill were.
LIST, that, in fixing a certain time convenient to
the Border Raffians" for the election of mem.
bers to the Convention, it would operate as an
invitation to them, in the circumstances then
existing, to crowd into the Territory, and take
possession of the polls; secondly, that the whole
machinery of action enumeration, registration.
apport'onment, appointment Of judges of cleo.
tion-was under the exclusive control of agents
appointed by an Administration which had
identified itself with the Pro-Slavery faction in
Kansas. For these reasons, the Republican