Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-02-26

the most revolving Outrages against persons and proper
ty threatening to deluge the land in blood, alternating
one section of the Union from the other and endangern9
the existence of free government Such are the char
acter such are the objects and dangerous results of the
opponents of the Lecompon constitution But without
regard to these nsurrecOnary movements the regular
legal convention of Kansas in pursuance OF law, assem-
bed and adopted the constitution now before the COM
mttee which is thoroughly republican IN form Out OF
Difference to those who might be opposed to African sla
very and to avoid all preteXts of complaint On the part
of opponents the convention submitted the question OF
slavery or no slavery to direct vote OF the bona tide
inhabitants of the Territory That election ordered
for the 2lst December 1851 when 1t was accordingly
held and resulted as follows:
Constitution with slavery. ......... 6,226 votes
Constitution without slavery ........ 500 L"
Making an aggregate of ....... 6,195 90
An opportunity has consequently been afforded to the
people of Kansas to decide this question Of slavery for
themselves and that decision is now before with all
the sanction of law No real or valid exception can be
taken to any other part of the constitution On this
subject President Buchanan has well said in his message
In fact the general provisions OF our recent State con-
stitutions after experience of eighty years. SIM
liar and excellent that it would be difficult to go far
wrong at the present day in framing constitution
The constitution conforms precisely to what Governor
Walker said would meet his most cordial approval and
that he should devote his whole time in addresses every
day to the people in the Territory to insure its adoption
The committee further say that they do not approve
the ordinance accompanying the constitution and report
against its acceptance but they do not regard it any
part Of the constitution, if the State be admitted into
the Union recommended In conclusion, they express
the opinion that when constitution of newly formed
State created out Of own territory is presented to
Congress for admission into the Union it is part OF
the duty privilege of Congress either to approve
dapprove the constitution ITSELF and its various prOvs
IONS any of them but simply to whether it be the
legal constitution of the State whether it be repub
lican in FORM whether the boundaries proposed be ad-
Missile and whether the number of inhabitants is sut
cent to Justify independent State organization. Belev
ING that the paper presented the legal constitution of
Kansas, that is republican in its orm that the boun
diaries proposed by it admissbe and, cOncedng the
suf1ciency Of its population the committee recommend
the admission of Kansas into the Union upon the const
tuition presented, and report bill accordingly.
The bill as follows
Whereas the people of the Territory of Kansas by
their representatives in convention assembled at LecOmp
ton in said Territory Monday, the fourth day Of
September thousand eight hundred and ffty-seven
having the right of admission into the Union one of
the United States of America consistent with the eer
al constitution. in virtue of the treaty of cession by
France of the province of Louisiana made and concud
ed on the Both day of April 1903, and in accordance
with the act of Congress approved the 30th May, A
d. 1854 entitled An act to organize the Territory Of
Kansas and Nebraska, did form for themselves cons
tuition and State government, republican in form and
the said convention has, in their and behalf asked
the Congress Of the United States to admit the Terri
| the other States:
Be it enacted By the Senate and House of Representa-
tres of the United States of america IN Congress
sebed, That the State of Kansas shall be- and is here
by dec AIRED to be- of the United States Of America
and admitted into the Union on equal footing with
the original States in all respects whatever and the
said State shall consist of all the territory included with
| in the following boundaries, to wit Beginning at
point the western boundary of the State Of Missouri
where the thryeventh parallel of latitude crosses the
| cold To no
dairy of New Mexico thence north said boundary to
latitude thrtyeght thence following said boundary
westward to the eastern boundary of the Territory of
Utah, Oh the summit of the Rocky Mountains ; thence
northward said summit to the foreth parallel of lat
itude then east said parallel to the western bouuda-
ry of the State of Missouri thence south with the
western boundary OF said State to the place of begin
ming. Prorded That nothing herein contained re-
spectng the boundary Of said State shall be construed to
impair the right OF person property pertaining
to the Indians in said Territory long as such rights
shall remain unextnguished by treaty between the Uni
ted States and such Indians to include any territory
which, by treaty with such Indian tribes is not without
the consent of said tribe to be included within the terri
toral limits or jurisdiction of any State Territory,
but all such territory shall be excepted out of the boun
daes and constitute part of the State OF Kansas
til said tribe shall signify their assent to be included
within said State to affect the authority of the gov
eminent of the United States to make any regulations
respecting such Indians their lands property other
rights by treaty, law otherwise which it would have
been competent to make if this act had been passed.
i Sec. 2 And be further enacted That the State OF
Kansas is admitted into the Union upon the express
condition that said State shall never interfere with the
primary disposal of the public lands with any regula
tons which Congress may find necessary for securing the
title in said lands to the bona de purchasers and gran
tees thereof or impose levy and tax, assessment
imposition of any description whatever upon them
property of the United States within the limits of said
State and nothing in this act shall be construed as
assent by Congress to all or to any of the propositions
or claims contained in the ordinance Of the said cons
tuition of the people Of Kansas to deprive the said
State OF ansas OF the grants which were contain
ed in the act Of Congress- entitled An act to authorize
the people of the Territory of Minnesota to form
stuton and State government, preparatory to adms
sion into the Union equal footing with the origin
i al States approved February &c, 1857.
Sec. 3. And be further enacted, That until the next
general census shall be taken, and appointment Of
representation made the State of Kansas shall be emit
tied to representative in the House of Representa-
!, tives of the United States.
II Mr.. Douglas presented written report giving at
considerable length the reasons which induced him to
dissent from the conclusions OF the majority of the
mtee He states that he has seen no satisfactory evil
dence that the Lecompton constitution is the act and
deed OF the people of Kansas that it mbodes their
will, lie takes the ground that the LecOmpton conven
ton not clothed with competent authority to estab
lsh constitution without the consent of Congress
which had been expressly withheld in this case and
hence the convention only had such power the terrific
rial Legislature could rghtfuy confer and no more
That was, the power to form constitution and send il
to Congress in the form OF memorial for admission
which could be accepted rejected according it EN-
bodied or did not embody the popular will.
He argues that all the proceedings of the convention
should have been held in strict obedience to the authority
of the territorial government while in fact they were
Fl declared to be in force and to take effect in defiance
the authority of the territorial government as well