The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1858-12-17

| wh'ist ~ would, within n brief period, have
restored peace toKansas and harmony to the
Union. In that event, the slavery question
Would erc this have been finally settled, ac.
cording to The legalIy-expressed will Of a ma
jority of the voters, and popular sovereignty
would thus have been yindicated in consti-
tutional manner.
2-sViih my deep convictions of duty, could
| have pursned nosother course. It is true,
that, ian individual, had expressed an opin.
ion, both before and during the session of
the convention, in favor of submitting the
remaining clauses of the constitution, as well
as that concerning slavery, TO the people,
But, acting in an ,oflicinl character, neither
myself nor any human authority had the
power to rejudge the proceedings Of the con-
veniion, and declare the constitution which it
had framed to be n nulltv. To have done
this would have been violation of the Kan.
sas and Nebraska act, which left the people
of the Territory "perfectly free to form and
regulate their domestic institutions in their
own way, subject only to the constitution of
the United States" 1t would equally have
violated the great p,ipeipla- Of pnpnlas -.ey.--
eignty, at the foundation of our Institutions,
to deprive the people of the power, if they
thought proper to cxeIcise il, of confding to
delegates elected by themselves the trust of
framingsa constitution, without requiring
them to subject their constituents to the
trouble, expense, and delay of second elec-
tion. would have been in opposition TO
many preccdents in our history, commencing
in the Very best age of the republic, of the
admission Of Territories as States into the
Union, without previous vote of the people
approving their constitution.
IT is tosbe lamented thht.a question so in
significant when viewed in It's practical ef-
fects on the people of Kansas, whether de-
cded one way or the other, should have
kindled such a fame of Excitement through-i
out the country. This reflection may prove
to be n lesson of wisdom and of warning for
our future guidance. Practically considered,
the question is simply whether the people of
that Territory should first come into the
Union and then change any povision in their
constitution not agreeable TO themselves, or
accomplish the very same object by remain
ing out Of the Union and framing another
constitution in accordance with their will 3
In either case, the result would be precisely
the same. The only difference in point Of
fact is, that the object would have been much
sooner attained, and the pacica,on of Kan
sas.more speedily effected had it been ad-
mitted as State during the last session of
Congress.
My recommendation, however, for the i'm
mediate admission of Kansas, failed to meet
the appreciation Of Congress. They deemed
It wiser to adopt different measure for the
settlement of the question. For my own part,
| should have been willing to yield my assent
to almost my constitutional measure to ac-
complish this object. /, therefore, cordially
acquiesced in what has been called the Eng
llsh Compromise, and approved the "Act for
the admission Of the State of Kansas into the
Union" upon the terms therein prescribed.
Under the ordinance which accompanied
the Lecompton constitution, the people Of
Kansas had claimed double the quantity of
public lands for the support of common
schovis, wivt1h had ever been previously
granted to any State upon entering the Union;
and also the alternate sections Of land for
twelve miles on each side of two railroads,
proposed to be constructed from the northern
to the southern boundary, and from the east
ern to the western boundary of the State
Congress, deeming these claims unreasona-
BILE, provided, by the act of May 4, 1858, to
which have just referred, for the admission
Of the State on an equal footing with the
original States, but "upon the fundamental
condition precedent" that majority of the
people thereof, at an election to be held for
that purpose, should in place of the very
large grants of public lands which they had
demanded under the ordinance, accept such
grants MS had been made to Minnesota and
other new States. Under this act, should q
majority reject the proposition offered them,
sit shall be deemed and held that the people
of Kansas do not desire admission into the
Union with said constitution under the con-
ditions set forth in said proposition" In that
event, the act authorizes the people of the
Territory to elect delegates to form n consti-
tuition and State government for themselves,
"whenever, and not before, it is ascertaned
by census, duly and legally taken that the
population of said Territory equals or exceeds
the ratio of representation required for a
member of the House of Representatives of
the Congress of tho United States" The
delegates thus assembled "shall first deter
mine by n vote whether it is the wish of the
people Of tho proposed State to be admitted
into the Union at that time, and, if so, shall
proceed to form constitution, and take all
necessary steps for the establishment of n
State government in conformity with the
federal constitution" After this constitution
shall have been formed, Congress, carrying
out the principles of popular sovereignty and
non.intervention, have left "the mode and
manner of its approval or ratification by the
people Of the proposed State" to be "pre-
scribed by law" and they 'shnll then be ad-
mitted into the Union as State under such
constitution thus fairly and legally made, with
or without slavery, as said constitution may
prescribe" s
An election was held throughout Kansas,
IN pursuance of the provisions Of this act, on
the second day of August last, and it resnlted
in the rejection, by large majority, of the
proposition submitted to the people by Con-
gress. This being tue case, they are now
authorized to form mother constitution, pre-
paratory to admission into the Union, but not
until their number, rs ascertained by census,
shall equal or exceed the ratio required to
elect a member TO the House Of Representa-
tyes. .t -f
1t is not probable, In the present state Of
the case, that third constitution can be law
fully framed and presented to Congress by
Kansas, before its population shall have
reached the designated number. Nor is II to
be presumed that, after their sad experience
in resisting the territorial laws, they will at
tempt to adopt a constitution in iexpress yio,
lation OF the provisions Of an act Of Con gress.
During the session Of 1866, much of the time
Of Congress was occupied on the question oi
| admitting Kansas under the Topeka constitu.
tion. Agnin, nearly the whole of the las,
session was devoted to the question Of it's ad-
mission under the Lecompton constitution
| Surely il is not unreasonable TO reuuirei The