The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1858-12-15
a majority of the voters, and popular sover-
eighty would thus have been vindicated in
a constitutional manper

as an individual, had expressed an opinion,
both before and during the session OF the
convention, in favor OF submitting the re-
naming clauses of the constitution, as well
as that concerning slavery, TO the people
But, aching in an official character, neither
myself nor any human authority had the
power 10 rejudge the proceedings of the con.
vention, and declare the constitution which
it had framed to be nullity. To have done
this would have been violation of the Kan
sas and Nebraska act, which left the people
of the Territory "periectly 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 principle of popular SOW.
ereignty, at the foundation of our institutions,
10 deprive the people of the power, if they
thought proper TO exercise it, of confdng
to delegates elected by themselves the trust
of framing constitution, without requiring
them TO subject their constituents to the trou-
BILE, expense, and delay of second election.
II would have been in opposition to many
precedents in our history, commencing in
The very best age of the republic, of the ad-
mission of Territories as States into the Uni
on, without a previous vote of the people
approving their constitution.
1t is TO be lamented that question so in
significant when viewed in its practical ef-
lects on the people OF Kansas, whether deci-
dedone way or the other, should have kindled
such fame of excitement throughout the
country. This reflection may prove to be
lesson of wisdom and OF warning for our future
guidance. Practically considered, the ques.
ton is simply whether the people of that
Territory should first come into the Union
and then change any provision in their con
stliution not agreeable TO themselves, or ac-
complish the very same object by remaining
out of the Union and framing another con-
slilution in accordance with their will :? 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 pacifcatiou of Kansas more
speedily effected, had it been admitted as
a 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 deem
ed il wiser 10 adopt different measure for
the settlement of the question. For my own
part, should have been willing to yield my
assent to almost any constitutional measure
to accomplish this object. /, therefore, cor
daily acquiesced in what has been called
the English Compromise aud approved the
"Act for the admission of the State of Kan
sas into the Union" upon the terms therein
prescribed.
Under the ordinance which accompanied
theLecompton constitution, the people ofKan-
sas had claimed double the quantity of public
lands for the support of the common schools
which had ever been previously granted to
any State upon entering the Union an d al.
so the alternate sections of land for twelve
miles on each side of two railroads, propos-
ed to be constructed from the northern to the
southern boundary ,and from the eeastern to the
western boundary of thesState. Congress
deeming these claims unreasonable, provid-
ed, by the act of May 4, 1858, to which I
have just referred, for the admission of the
State on an equal footing with the original
States, but "upon the fundamental condition
thereof at an election to be held fer that pur-
pose, should, in place of the very large
grants of public lands which they had de.
manded under the ordinance, accept such
grants as had been made 10 Minnesota and
other new States. Under this act, should
majority reject the proposition offered them,
"it shall be deemed and held that the people
OF Kansas do not desire admission into the
Union with said constitution under the con-
ditions sci forth in said proposition" In
that event, the act authorizes the people of
the Territory TO elect delegates to form
constitution and State government for them.
selves, "whenever, and not before, it is as.
certained by census, duly aud legally tax.
en-, that the population of said Territory
equals or exceeds the ratio representation
required for member OF the House of Rep.
sentaiives of the Congress OF the United
States" The delegates thus assembled
shall first determine by vote whether it
is the wish of the people of the proposed
State be admitted into the Union at that time,
and, il SO, shall proceed to form constitution
and takeall necessary steps for the establish
ment of State government in conformity
with the federal constitution" After this
constitution shall have been formed, Con-
gress, carrying out the principles OF popular
sovereignty and non-inlervention, have left
"the mode and manner of its approval or
ratification by the people OF the propo, ed
State" TO be "prescribed by law" and they
"shall then be admitted into the Union as a
State under such constitution thus fairly aud
legally made, with or without slavery, as
said constitution may prescribe"
An election was held throughout Kansas,
in pursuance Of the provisions of this act,
on the second day of August last and ii re-
suited in the rejection, by large majority,
ofthe proposition submitted TO the people by
Congress. This being the case, they are now
authorized TO form another constitution, pre-.
paraiory 10 admission into the Union, but
not until their number, ascertained by CEN
sus, shall equal or exceed the ratio required
to elect member TO the House oil Repre-.
sentatves ~
II is not probable, in the present state of
the case, that third constitution can be
lawfully framed and presented 10 Congress
by Kansas, before its population shall have
reached the designated number. Nor is it
10 be presumed that, after their sad expert
ence in resisting the territorial laws, they
will attempt 10 adopt constitution in ex-
press violation of the provisions of an act of
Congress. During the session of 1856 much
Of the time of Congress was occupied on
the question of admitting Kansas under the
Topeka constitution. Again, nearly the
whole of the last session was devoted TO the
question of its admission under the Lecomp.
ton constitution. Surely il is not unreason-
able TO require the people of Kansas 10 wait,
before making a third attempt, until the
number of their Inhabitants shall amount to
ninety-three thousand four hundred and
twenty. During this brief period the har-
mony Of the States, as we'll as the great busi.
meas interests of the country, demand that
the people of the Union shall not for third
time be conyulsed by another agitation on
the Kansas question. BIZ waiting for short
time, and acting 10 obedience TO law, Kansas
will glide into the Union without the slight
est impediment.
! This excelIent provision. which Congress