The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-11

latioEui, as oPPS"S u" Wv N~e'""'
copied into the annual Message Of
the President, "nheaersr the number of
their Inhabitants }nstifes IT, or in the
language of the Committee on Terri
tories in the Report to which ! have
referred, so soon as it shall appear
by q census that the Territory con-
tains 90, 420 inhabitants, that beng the
aumber required BY the present ratio Of
representation for Member Of Con
gres." So it appears that each of
these authorities (if | may be per
mitted to use such term in this con
nection) excludes the idea that a
territory may proceed to form Con-
stitution and State Government
whenever it plcases, without the con
sent of Congress and irrespective of
the number of its inhabitants; and
sustains the position that territory
is not entitled to admission, accord
ing to the principles Of the Federal
Constitution, until it contains popu-
lation enough to constitute State,
and that it is the province Of Con
gress, instead of the Territory, to
determine what that number shall be
While the Constitution of the United
States does not, in terms, prescribe
the number of inhabitants requisite.
yet in view of the fact that repre-
scntation in the House Of Represent
atives is to be in the ratio of federal
population, and that each State, no
matter how small its population, is
to be allowed one representative, II
is apparent that the rule most con.
sistent with fairness and justice to-
ward the other States, and in har.
mony with the general principles of
the FcdcralConstitution, is that which
according to the ratio of population
for the time being, is sufficient for a
representative in Congress. A refer
encc to the debates which have oc-
Cured in all the cases touching the
sufliciency of population in the adj
mission Of State, will show that
the discussion has always proceeded
on the supposition that the rule ]
have indicated was the true one, and
the effort has been, on the one side
TO prove that the proposed State had
sufficient population, and on the 9th
er that it had not the requisite num-
bers to entitlc it to admission III sub
stantial compliance with that rule.
In view of these facts, respect
fully but firmly insist that neither
the principles nor the provisions of
the Kansas Nebraska act, nor of the
Cincinnati Platform justify the as.
sertion that it was the intention to
abrogate the wise and just rule and
establish in lieu Of it the principle
that "all the Territories, including
Kansas and Nebraska" have right.
whenever they please, and with what
ever population they may happen to
possess, ITO proceed and form Con
stitution in their own way without
an express authority from Congress"
and demand admission into the Union
on the plea that the Organic Act
was an Enabling Act ! do not in
sist that Congress, in the exercise Of
a sound discretion, may not depart
from the rule to which | have refer
red, and make an exceptional case
of Territory under peculiar circum-
stances. as the Senate proposed and
the House Of Representatives refused
to do with Kansas, in July, 1856 ;
but in such case, if any can be
shown in our history, it must be re-
garded as a concession by Congress,
and not the recognition Of right in
the Territory.
That the Senate concurrcd with
President Pierce and the Committee
on Territories, that the Kansas-N
braska act did not authorize the pco-
pie Of those territories ~ proceed
and form a State Constitution when.
ever they chose, without the consent
Of Congress; and that the passage Of
an enabling act by Congress was
the appropriate and legitimate mode
Of carrying into effect the principles,
provisions and policy Of the Kan
sas-Nebraska act, when those Ter.
ritories respectively should have
the requisite population to cntitle
them TO admission into the Union as
States according to the principles OF
the Federal Constitution, az guar
anteed by the Treaty acquiring the
country from France. is made appar
ent by the fact that on the I'd day Of
July, 1856. in pursuance Of the said
recommendation Of the President and
report Of the Committee, the Senat,
passed an Enabling Act for Kansas
entitled AN art to authors, the ysOpt.
Of The Territory Of Ransas 10 form Con
st,istion and State Gor,rmmsn. yr,p0,o
iory to ti<ir admission into th Uaion o,