The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-07-21
KANSAS AFFAIRs -CoNTINUED.

this Union" This does not authorize that body to
impose any condition of admission, attempted
to be applied to Missouri and proposed for Arkansas
All that Congress can do is to admit or refuse. 1t
examines the case presented and judges of the pro-
priety of the admission. There are some material
points always proper for consideration in acting upon
this question The rsis whether the constitution and
the organization contemplated is republican in form
This fact is cited in the earlier acts of admission
probably in consequence of the provision in the
stitution which provides that the United States shall
guaranty to every State republican form of govern
ment" Secondly, it should appear that the proposed
State has sufficient population to make it suitable for
such organization, and to entie it to represent
alive in Congress. Next that il presents consttu
ton representing the will of majority of those
who it is proposed shall be governed by it. These
are questions of fact and easily determined if the
evidence is not effectively presented. No embryo
State has formed and offered constitution which
Congress has declared not to be republican Whether
the number of persons included in the organiza-
ton is sufficiently large TO be entitled to represent
ative is arrived at by consulting with the latest
sus. Whether the constitution presented has been
sufficiently passed upon by the people requires
full scrutiny to avoid serious consequences in the
new State after admission. In Kansas this has be-
practical question, there being now State
constitution and organization claimed to be regular
and to represent the viii of the majority and another
being framed under law Of the Territory, recog-
missed by the federal authorities regular. Under
these circumstances it may be well to consult the
records of the past and sec what the States them
4, Ian
We have not access to the records showing the
manner of forming and adopting the constitutions of
the confederated States. The convention which
framed national constitution took upon them
selves to point out the mode of submission, fol
lows.
Resolved That the preceding constitution be laid be-
fore the United States in Congress assembled and that
is the opinion of this convention that it should afterwards
be submitted to convention of delegates chosen in each
State by the people thereof under the Recommendation of
Its legislature for their assent and ratification and that
each convention asserting to and ratiyng the same
should give notice thereof to the United States in Con-
gress assembled
In conformity with this recommendation, the States
called conventions, and the constitution was submit
ted to and approved by them.
1t is certain that most of the old States, if
not in the original in amending their constitu-
ly every State constitution in the Union contains
provision authorizing amendments, which are
generally to be considered by two successive leg
slatures and in all to be submitted to the peo
pie for adoption rejection. In some States the
statute authorizing the convention requires the con-
stuon to be submitted to the people, while in others
the convention itself directs the submission and the
mode of procedure in collecting and expressing the
will of the people
The recent action of Congress this subject,
whatever that of an earlier day may have been,
shows that it requires evidence that the constitution
has been submitted to the people after its formation
by convention and will insist uponit. Maine which
was admitted in 1920, had submitted her constitu-
ton to her people. We are informed this was the
case in Missouri and Arkansas, but have not access
to the records to determine the correctness of the
information
In 1886 Michigan presented herself for admission
Congress had not authorized the act. Her constitu
ton had been submitted to the people under the
following provisions
This constitution shall be submitted at the election
TO be held &c. for ratification rejection to the cleo
tors qualified by this constitution to vote Mt all cleo
tons.
tain boundary questions.
Iowa and Florida applied for admission at the
same time. Both presented constitutions, and that
of Florida had been submitted to the "quafed vo-
ters" under the constitution, but that of Iowa had
not Congress thereupon imposed upon Iowa. in the
act admitting Florida the following condition
- That it is made and declared to be fundamental
condition of the admission of the said State of Iowa
into the Union that much of this act as relates TO
the said State of Iowa shall be assented TO by ma
jority of the qualified electors in the manner and at
the time prescribed" in the constitution, and when
the assent should be given the President should pro-
claim the fact and then the admission would be COM
plete.
BY the act of the 9th of August 1876, Congress
authorized the people Of Wisconsin to form a const
tuition preparatory to admission. Under this author
ity convention called, constitution formed
but not submitted to the people. On the 3D. of
March, 1847 Congress admitted the State with this
proviso:
Sec. A. That il is made and declared to be a fun
damcnta condition of the admission of the State Of
Wisconsin into the Union that the constitution adopt
ed at Madison the sixteenth day of December in
the year thousand eight hundred and forty-s;y
shall be assened TO by the qualified electors in the
manner and at the times prescribed in the ninth sec
ton OF the twentieth article Of said constitution