Litchfield enquirer., 1858-12-09

clauses of the Constitution, as well as that concerning Slavery, to the people. But, act ing in an official character, neither myself nol any human authority had the power to rejudge the proceedings of the Convention, and de clare the Constitution which it had framed te be a utility. To have done this would have been violation of the Kansas and Nebrasks act, which left the people of the Territory "per fect'y free to form and regulate their domts S tic institutions in their own way, subject only to the Constitution of the United States" l, would equally have violated the great princi pie of Popular Sovereignty at the foundation of our institutions, to deprive the people o the power, if they thought proper to exercise t. of confding to delegates elected by them selves the trust of framing Constitution without requiring them to subject their consti tuents to the trouble, expense and delay of Il second election. It would have been in oppo sition to many precedea,ts in our history, ccm mencing 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 tLeir Constitution.
 1t is to be lamented that question so ill ! significant when viewed in it's practical effects Oil the people of Kansas, whether decided one way or the other, should have kiudled such a flame of excitement throughout the country This reflection may prove to be lesson oi 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 pro vision n their Constitution not agreeable tC themselves, or accomplish the very same object by remaining out of the Union and framing another Constitution ill accordance with their will. In either case the result would be pre- cisely the same. The only difference in point of fact is, that the object would have been much sooner attained, and the paeification of Kansas more speedily affected, had it been ad- ni1ted as a State during the last session of Congress.
 My recommendation, however for the i'm mediate admission of Kansas, failed to meet the approbation of Congress. They deemed it l wiser to adopt different measure for the set clement of the question. For my own part, should have been willing to yield my assent 1 to almost any constitutional measure to ac- compish this object. l therefore cordially acquiesced ill what has been called the Eug- fish Compromise, and approved tue Act for the admission of the State of Kansas into the Unon," upon the terms therein prescribed.
 Under the ordinance which accompanied the Lecompton Constitution, the people of Kansas had claimed double the quantity of pubic lands for the support of common schools which had ever previously been granted to any State upon entering the Un,on, and also the alter nate sections of land for twelve miles on each side of two railroads proposed to be construc- ted from the northeru to the southern bound ary, and from the eastern to the western boundary, of the State. Congress, deeming these claims unreasonable, provided by the act of May A. 1858, to which have last referred for the admission of the State on an equal footing with the original States, but upon tine fundamental condition precedent" that ma jority 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, ac- cept such graas as had been made to Minne- sota and other new States. Under this act, should a majority reject the proposition offered them, "it shall bc deemed and held that the people of Kansas do not desire admission into the Union with said Constitution under the conditions set forth in said I,ropostion." In that event the act authorizes the people of the tO CltCG uCltSs-lCo lO lOlIll d SOlSGt- l tutioh and State Government for themselves whenever, and lot before, it is ascertained by census, duly aud legally taken, that the population of said Territory equals or exceeds the ratio Of representation required for mem- Der of the House of Representatives of the Congress of the United States" The dele gates thus assembled shall first determine by a vote whether it is the wish of the people of the proposed State to be admitted into the Union at that time, and, if So, proceed to form a Constitution, and take all necessary steps for the establishment of State Government in conformity with the Federal Contribution" After this Constitution shall have been formed, Congress, carrying out the principles of Pop ular Sovereignty and non-ntervention. have left "the mode and manner ot its approval or ratification by the people of the proposed State" to be 'prescribed by law," and they shall then "be admitted into the Unou as a State under such Constitution thus fairly and 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 it resulted in the rejection, by large majority, of the prop osition submitted to the people by Congress. This being the case, they are now authorized to form another Constitution, preparatory to admission into the Unien, but D, t rntil their number, as ascertained by a census, shall equal or exceed the ratio required to elect member of the House of Representatives
 It is not probable, in the present state Of tie case, that third Constitution can be lawfully framed and presented to Congress by Kansas before its population shall have reached the designated number. Nor is it to be presume that, after ther sad experience in resisting the Territorial laws, they will attempt to adopt a Constitution iu express violation of the provis ions of an act of Congress- During the session of 1856, much of the time of Congress was oc cupied on the question of admitting Kansas under the Topeka Constitution. Again, Hear