The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1858-12-16

framing q constitution, without requiring
them to subject their constituents to the trou
bic, expense and delay of a second election
1t would have been in opposition to many
precedents in our list 'ry, commencing in the
very best ages of the republic, of the admis-
siou Of Territories as States into the Union
without previous vote of the people approx.
ing their constitution.
1t is to be lamented that question so in
significant when viewed in its practical effect
on the people Of Kansas, whether decided one
way or the other, should have kindled such a
fame of excitement throughout the country
This reflection may prove. to be lesson oi
wisdom and of warning for our future guild
ance. Practically considered, the question
is simple whether the people of that territory
should come first into the Union and then
change any provision in their constitution
not agreeable to themselves, or accomplish
the very same object by remaining out the
Union and framing another constitution 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 OBJ
iect would have been sooner attained. and
the pacifcation of Kansas more speedily eff
fected. had it been admitted as State during
the last session Of Congress.
NV Recommendation, however, for the i'm
meulate AtEisSiOn Oi Aaucas, W mce,
the appreciation Of Congress. They deemed
it wiser to dopt 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 ac-
compish this object. l, therefore, cordially
acouiesced in what has been called the Eng
lish Compromise, and approve the "Act for
admission of the State of Kansas into the
Union,n upon the terms therein prescribed
Under the ordinance which accompanied
the Lecompton constitution, the people o;
Kansas claimed double the quantity of land
for the support OF common schools, which ncv.
er been previously granted to any State up
on entering the Union; and also the alter
nate sections of land for twelve miles on each
side of two railroads; proposed to be con.
structed from the northern to the southern
boundary, and from the eastern and western
boundary of the State. Congress, deeming
these claims unreasonable, provided, by the
act of May 4, 1858, to which have just refer
red, for the admission OF the State on an equal
footing with the original States, but "upon
fundamental conditions precedent that a
majority of the people thereof, at an election
to be held for that purpose, should in place
! of the very large grants ofpublic lands which
they had demanded under the ordinance, ac-
sofa and other new States. Under this act
should majority reject the proposition offer
ed them sit Shall be deemed and held that
the people of Kansas do not desire admission
into the Union with said constitution under
the condition sc forth in said proposition.
In that event the act authorizes the people of
the territory to elect delegates to form con-
stitution and State government for them
selves, "whenever and not before, it is ascer-
taned by census, duly and legally taken
that the population of said territory equals
or exceeds the ratio of representation reqnir-
ed for member of the House of Representa-.
| tives of the Congress of the United States. >
The delegates thus assembled shall first deter
mine BY a vote whether it is the wish of the pee
pie ofthe proposed State 10 be admitted into the
Union at that time, and, if so, shall proceed
| to form constitution, aud take all neceSsa.
ry steps for the establishment of a State gov
ernment in conformity with the federal con.
stitution' After this constitution shall have
been formed, Congress, carrying out the prin.
ciple OF popular sovereignty and non inter
yention, nave left ..the mode and manner oil
its approval or ratification by the people Of the
proposed State" to be '.prescribed by law,
anu they "shal then be admitted into ths
Union as State under such constitution
thus fairly and legally made, with or with.
out slavery, as said constitution may pre-.
scribed.
An election was held throughout Kansas
in pursuance OF the provisions of this act, on
the second day of August last ana it resulted
in the rejection, by large majority, OF pro-
positions submitted to the people by Congress
This being the case, they are now authorized
to form another constitutions, preparatory to
admission into the Union, but not until their
number, as ascertained by census, shall
equal or exceed the ratio required to elect a
member to the House of Representatives.
1t is not probable in the present state OF
the case, that third constitution can be law
fully framed aud presented to Congress by
Kansas, before its population shall have
reached the designated number Nor is il to
be presumed that, of their sad experience in
resisting the territorial laws, they will at
tempt to adopt a constitution in express vio-
lation of the provisions of an act ofC ngress.
During the session OF 1856 much oil the time
of Congress was occupied on the question OF
admitting Kansas under the Topeka constitu-
tion. Again, nearly the whole the last ses-
sion was devoted to the question of its admis-
sion under the Lecempton constitution. Sure
ly it is not unreasonable to require the peo-
pie of Kansas to wait before making third
attempt, until ths number Of their inhabi-
tants shall amount to 80, ,400,20. During the
this brief period, the harmony Of the States,
as well as the great business interests of the
country, demand that the people of the Union
shall not, for the third time, be convused by
another agitation on the Kansas question:
BY waiting a short time aud acting in obedi-
ence to law, Kansas will glide into the Union
with any impcdiment.
This excellent provision, which Congress
have applied to Kansas, ought TO be extended,
and rendered applicable to all territories
which may hereafter seek admission into the
Union.
While Congress possesses the undsubted
power OF admitting now States into the Union,
however small may be the number Of its in
habitants, yet this power ought not, in my
opinion, to be exercised before the population
shall amount to the ratio required by the act
for the admission of Kansas Had this been
previously the rule, the country would have
escaped all the evils and misfortunes to which
it has been exposed by tho Kansas question
OF course, il would be unjust to give this
this rule retrospective application, aud ex-
clude State which, acting upon the past
practice of the Government, has already form
ed its constitution, elected its legislature and
other officers, and is now prepared TO enter
the Union. 1 a,
Vln -, IN ,,rht 10 ho oinntad ubotho~ no