Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-05-01

but New Mexico and Utah, must be admitted into
the unon whenever the people OF those Territories
shall think proper To apply for admission 1t might
be no great outrage TO admit New Mexico at any
time (; but TO admit Utah, with its Mormon popula
ton, upon compnlson, would not be seemly yJhponl
os sought Ts4So to bs SPPed to kansas The
ceedlng probably some 1000 TO 5000 III number,
would have right to form State Constitution, and
demand admission into the Union now, or as soon
as they think proper to form Constitution and de-
mand admission. vi a. agF f t. ..s W
The idea that the Kansas organic law confers on
the people OF Kansas power to forr State Constitu
ton, and demand admission into the Union at their
discretion IS subyersive, of every principle that has
been considered established heretofore in connection
with the admission of new States. Unless we mean
70 tear up all the old landmarks which have regu-
lated us on quest of this description ii heresy
which ought TO be met at the threshold Neverthe-
less, 1t is soelmy maintained by the President l
think 1t Is sufficient proof that this is heresy that
the Senator from Georgia, who endorses everything
dent on this point after he had stated in his message
| ment" ,.H @. M n. # .y-,T I.I .
| Well, sir, to employ the language of the President
being too clear to admit of argument that the
| organic law of Kansas confers no power upon the
people TO form State Constitution, and there being
Of course, no obligation of good faith resting upon
| Congress to admit that Territory into the Union
under the Constitution now presented to us, how
stands the main question: and upon what principles
are we to decide IL Just all like questions have
/
bling act, and is to be decided upon like principles
of reason, expediency, and propriety. The present
application Of Territory 10 be admitted into the
Union under Constitution formed without the au-
thorlty OF Congress- is an appeal to the discretion
/ of Congress- which has power to admit or reject
as may be thought expedient or proper, under all
the circumstances Of the case. The application is
i open to all exceptions which may be taken TO ito
all fair and reasonable objections-as for example,
that the Constitution does not reflect the will of the
people thata majority or any respectable minority
OF them have not been represented in the Convention
which formed it; that strong feeling of discomfort
| and opposition exists among a large portion of the
people upon the subject. One object that Congress
ought to have in view in such would be- to give
general satisfaction, to lay the foundation of good
neighborhood among the inhaban' 8 of the proposed
new State. Not only should the complaints of the
| majority be inquired into, but these Of minority
also. L do not know of any instance where Cohpress
| has admitted State where there q respectable
protesting minority. a.s""
Let now examine the grounds upon which this
application stands, according TO the principles have
Let US now examine the grounds upon which this
application stands according TO the principles have
| thus laid down. ] am afraid i shall be somewhat
tedious, because propose at the risk of some repe
titon of what have before said TO all tie lead
ing facts and circumstances connected with ,is sub
ect TO be found in the brief and dsordery annals Of
Kansas. When the Kansas-N Nebraska bill was first
brought forward In the Senate in January, 1854
there were probably not over hundred white in
habitants in the Territory excluding few United
States troops As soon as the bill passed. the whole
Territory, except the Indian reservations thrown
open to free competition between the North and the
South, between antslavery men and pro-slavery
nen, to settle, by superiority of numbers whether
Kansas should be free or slave Territory; for, at
that time the popular understanding and interpre-
tation of the Kansas Nebraska act was that the peo
PIE of the Territory authorized TO settle that
question by act OF the Territorial Legislature, and
before they should come to form State Constitution
To be sure, there q clause in the organic law
that this power TO be exercised subject TO the
Constitution of the United States but the Constitu-
ton had been in existence more than half a century
and there had been no judicial Interpretation of the
Constitution which could lead the people to suppose
that they not fully authorized TO decide the
question of slavery by a Territorial enactment. A
considerable portion of the people of the North and
East in resentment Of the repeal Of the Missouri
compromise and resolving that the South should not
derive any benefit from what they considered the
wrong inflicted upon them by that measure in the
Establishment Of slave State resorted TO the
organization Of an emgrant aid society, by which
they were eOabed to furnish large facilities In money
aud in other modes 30 quicken emigration, with
view TO provide a sufficient number of settlers to
control the election Of members to the first Legisa
ture, which il was supposed would decide the aues-
tion of slavery in the Territory
The people in the vest \ counties of Missouri
living in saveholdDg communities and feeling a
deep concern that Kansas should not become free
Territory a free State formed associations on their
part, and adopted such other measures as they
thought necessary TO secure the ascendency Of the
osayery settlers in the election of members 10 the
Legislature. When the day Of election came on the
30th day of March, 1855, many armed companies Of
Missonrians appeared at the polls in most of the eec
ton districts and precincts; and where they found
the judges Of election opposed to their views by
threats Of violence drove them away and substituted
others in their place; where they found lhe judges
friendly 20 their views, they allowed them 10 remain
IN the discharge Of their duties The result without
| going int further details that point was II at
every pro-slavery candidate Tut returned as
elected. The returns of the census taken under A
1 law h.c,r
this election, showed twentynne hundred and three
(2,903) qualified voters then in the Territory At the
election, six thousand three hundred and seven 3O)
| votes were polled. OF the 1908 whose names were
upon the rolls only 59S voted the election
This fact appears by the comparison Of the names on
the polbOoks with the census returns. These facts
speak Tor themselves. Either the census returns
were false, or the FreeSOil voters were driven from
the polls. But be that il may, il appears certain
that four fre thousand Missonrious voted at
the election, OF the returns were fraudulent
Complaints were made from several precincts that
the election was carried by violence and Governor
Recder set aside the returns in several cases. and
ordered new elections and in all these cases except
| one, Free-Soil candidates were returned elected
When the Legislature met, however, they were ali
elected, and the persons first returned elected a
lowed TO take their seats-so that the Legislature
may ec said to have been unit on the slavery
| question.
That body proceeded 10 enact a code Of laws No
act was passed establishing or prohibiting slavery
The question not put TO a vote in any form exccpt
the passage Of stringent laws for the protection
Of slave property; and, among others, a law was
enacted, making it felony punishable by two Years
| imprisonment at hard labor TO assert either by
speech or writing, or to circulate pamphlets maya
zines, or any printed NATTER asserting that il was
not lawful TO hold slaves in Kansas Test eaths were
prescribed for voters and other regulations for the
conduct Of subsequent elections well calculated. IL
not designed, 10 enable the proslavery party 10 carry
all elections and 10 keep the Government of the Terri
tory under their contro and they succeeded in that
| object until October. 1857.
In explanation Of and in justification Of these
high-handed proceedings commencing with the cleo
ton in March, 1855, it is alleged that gigantic
fraud was committed by the Emgrant Aid Society
| IN attempting, by unusual and violent means. 10
make Kansas free State. l have no defence 10
make of the proceedings Of that society; but Il is
material TO state that upon investigation find that
before the first election, in March, 1855 only one
party or company Of emigrants arrived in Kansas
under the auspices Of the society, consisting Of 16e
souls men, women and children and that 81 of them
voted at that election. dcplore as much as anv
man can do, the spirit in which this Emiprant Aid
society was gotten up. l believe that il tended
strongly to promote and foment discord not only in
| Kansas, but throughout the country
The Territorial Legislature having passed acts Of
| the character and tendency have stated from that
tine forth, it is fair 10 both sides 10 state that the
mass at least much the largest portion Of the Free
/ hp holi II