The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-11
THE KANSAS QUESTION.
Majority Report (Mr. stephensD Of the spe-
elaI Committee Of Fifteen.

StAles OF the ID OF February, "concesh4nS 'oe e''1
ton framed at Leoompon in the Territory OF KANSAS
by q convention OF delegates thereof ana the papers
accompanying the same" with instructions W" h-
ours into all the facts connected with the formation OF
said constitution and the laws under which the Same
were originated and into all such facts and proceedings
as have uanspred since the formation Oh SAID cohsItu
ton having relation the question or proprey OF the
admission Of said Territory into the Union under said
constitution and whether the same Is acceptable and
satisfactory to majority OF legal voters OF Kansas,
have had ali the matters committed to them under con-
siderauou. and now present the following report
The leading object OF the resolution under which the
committee raised TO have been the ascertain
proprey OF the admission Of State under the
icompton constitution in accordance with the recommen
ing principle OF the commees action in their investiga
The scope of their duties embraced inquiry into
ali facts relating 70 the Legality aed regularity OF the pro-
ngs resulting in the formation of that constitution,
anecedcnt and subsequent thereto showing whether
not be the Embodiment OF the legally and fairly ex
pressed will of the bona de citizens o. Kansas With this
understanding Of the field OF labor before them the
mitiee directed their attention
l. To law passed by the Territorial Legislature provid
ing for taking the OF the people at the October cleo
ton in 1856 upon the expeoency Of calling convention to
form state Constitution.
2 The law Of the Territory passed the 10th February
1857 IN pursuance Of the popular VIII expressed under
the act 9s l0s an sTc 90 Dc nea On
s. The official registry OF voters, and the spportonmen
made By the acting Governor (eaa;onl OF delegates to he
said at
the Moncay Of September, 1857, under the act last
aforesaid, and the Journal o. their proceedings
s The constitution formed By he convention so assem-
bied, alluded to in the message Of the President
G. The acton OF the people the questions submitted
to them BY one Of The clauses Of the schedule IN tae
These laws facts and proceedings constitute in the udg
Of the nntee all matters having material
beasug upon The main questions embraced IN the recon-
meDdator President covered BY the resolution
OF the Ho,se they perniit:e. them to be filed and
reporteG 70 the House without deemne them relevant or
Z TIE &C, o. the Territorial Legislature OF Kansas at its
called December asst provd.ng for vote TO De
taken the an ol January just pas cd for and against
s The official ant cuaceroent of said vote
And, also as cumulative, though not material
g. The letter Of Nj Ca norn, President OF the lecomp
Conve ntion to the Chairman c. the Committee on
All these papers are appended in full to this report
Except part OF the journal which has not yet been
with tie rest) and msIkec as exhibits in regular
The committee unnecessary into elaborate
exposition Of hem by detail. general reference to
some OF the parts for the purpose of illustrating
the conclusions TO be from then will be quite SUI
6ceut Those which they deem material are ell docu
mentsry about which there can be dispute They
show fun and complete history OF the proceedings re-
sung in the formation Of the Leconpton constitution from
their beginning their end-First, the hw for taking
o. the people upon the popriety ofsppying for
admission Next, the law authorizing the call, in pur
OF the popular will Next, the registry voters
and appor;ionment OF delegates Next the assembling OF
the convection, with their proceedings Then the con
mode manner provided by the convention: The e-
galiiy ana regularity OF the whole marked through
formy TO law. But little appears the face Of the re-
cord for comment The question for the oonsidera
ton of the House ought Kansas TO be admitted as
State under the constitution so presentedS
By the constitution OF the United states "new States
may be admitted by Congress into this Union ana oy
the same instrument Is previoed that the unlted
States shall gurantee to every State 10 this Union repuo
lean form of government" Under the nrst Of these
eighteen states have been admitted since the
Union formed and two besides Kansas are now ap-
plying admission The usual questions Of inquiry upon
the application Of new States lave been
i In relation to the number OF the population
2 Tie regularity o. the proceedings under which the
8 wheIher the consultation presented be republican
form.
directed 10 tho question population That pon, seemed
to be conceded all aides. Cpon the point OF Legality
and regularity 70 question can arise State before
applying exhibited greater regularity her proceedings
on this POINT there be 10 doubt The only other ose
"a N ths Republican form OF the consluton-ths too
seems 10 be equally clear, ana beyond cav or dispute
What theu the objections 10 the recognition OF the
constitution, and The aomss Of the state under ~
These, Is true mostly matters outside OF the
Bat the committee propose beny TO notice them
in with scrae seemingly founded on the lace Of
Toe an. Of The latter class il that urged by Governor
waike, The main ground OF his opposition rs The fact
rauhcA..on 10 popular VOTE This OBJ econ rests upon
The sssy.nptioa TIA, the validity OF every constitution
10 ~ s slan .eon S 10 hi:
own words, ress upon the prime PIE tnat soveregnv
pe,os Us its first and hghest function IN forming state
roveranent aud state constitution. Tbs highest act OF
IN M Se can DC 70
veElons o. other intermediate eoi,es
TIA; sovereignty vested exclusively IN the people OF
each state that performs It's frat but not highest
function Ia forming State government and state oonst
tuition may be granted Bot that this ftst act OF sove
reizniy in making a eonst,u,on can only be performed
by people themsey., and that the power TO perform
Il csano. be delegated 10 conventions or intermediate
bodss not granted Such doctrine s not only novel,
but utterly with all past history. In support
Of u Gov. Walker cies no authority but his own He an
nou3ces o. TIE CON- cton Of his individual Judgment,
azf Toe only authority refers 70 to sustain IL that Of
p-rvios speeches made ny himself, II which be had ex
pressed the same opnsoa But TIE position canno, be
nain.s.rei e,her 90 prnoPle or any recognized su.
tbority Eeas against ., and so is precedent when
IS stmi'ed that 'oyeTetn,y resaes W f, ane
right exercise and execute sovereign powers oanno; be
del sGed By them TO others. II that we're so there
could be DO such thing representative government
No could be psSseo except by the people - mass
tbs vOcld uproot and overiurD all our systems y
the very o. sovereignty that may act by Itself
o. hy aay other MAY choose % appoint The enactment
Of al Laws an the execution OF them require the eker
coos tutiou. A cunstiuton Is but law. establishes
The modes ohaDus through which the sovereignty o.
e To- :" cympon II such or
ge sp cannot be said 70 be the highest act or function
Q, sOverseniy mere can be 40 higher act o. sove.
jeop@sdy e existence Of sovereignty itself. and yet IN
Representative system this left no, 10 the people
themselves, but 70 their representatives.
Heace, though be true Tia, the formation Of state
Consultation The "1rst function VI sovereignty" does
DOT follow this may be performed by representa-
tves chosen ana clothed with full power 10 act Tor the
Peep IN this matter vel all others requiring the
exercise Of sovereign power.
LOGICALLY considered, there s more reason why the
people cannst make a constitution by others clothed with
ful power 90 than that they 10 this way put DOT
ouly Their political bot tbelr individual, existence In
hazard up the fortunes OF var The formation OF con
s!Son rsaur. true ,ae e1erSiss .. s9ys,esT
the power " Go be exercUed by agent or re
preventative, the other and such has been the
hngf min
Of hsory. The Constitution Of the United states
moi ted By popular vote In All the states II was
sdoptet by ccrvcntions chosen by the people and
clothed with fu powers 70 act Tor them. In lie pro-
visions for ts amendncnt 4 docs not contemplate
any ratification BY The people through popular vote
10 give validity ~ any such amendment. such amend
ueos are ~ be acted upon BY the State legis-
nI d nnnn llInn ha-r