The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-04-01
THE HOUR APPRoAcHINe-wHAT SHALL 81
D0NEf


Kansas into the Union on q condition pre-
cedent, as follows:
3That the State of Kansas be, and is hereby,
admitted into the Union on an equal footing
with the original States in all respects what.
ever; but inasmuch as it is greatly disputed
whether the Constitution with which Kansas is
now admitted was fairly made, or expresses the
will of the people of Kansas, this admission Of
her into the Union as State is here declared
to be upon this fundamental condition pre-
cedent, namely: that the said constitutional in
strument shall be 6rst submitted to vote CT
the people of Kansas, and assented to by them,
or majority of the voters, at an election to be
held for the purpose; and as soon as such as
sent shall be given, and duly made known to
the President of the United States, he shall an
nounce the same by proclamation, and there
after, and without any further proceedings on
the part of Congress, the admission OF the said.
State of Kansas into the Union on an equal(
footing with the original States, in all respects
whatever, shall be complete and absolute. At
the said election, the voting shall be BY ballot,
and by endorsing on his ballot, as each voter
may please, for the Constitution, or against
the Constitution Should the said Constitution
be rejected at the said election by majority
of votes being cast against it, then, and in that
cFtUty Tue luDbOltaut6 VI 6k1lQ 1crfibOEy oEC
hereby authorized and empowered to form for
themselves a Constitution and State Govern.
ment, by the name of the State of Kansas, pre-
psrstory to its admission into the Union, ac-
cording to the Federal Constitution, and to that
end may elect delegates to Convention as
hereinafter provided"
The second section merely refers to the.
common jurisdiction of rivers, &C.
"SEo. 3. Ind be IL further enacted, That,
for the purpose of insuring, as far as possible,
that the elections authorized by this act may be
fair and free, the Governor and Secretary of
the Territory of Kansas and the presiding eff
GERS of the two branches of its Legislature,
namely, the President of the Council and Speaker
Of the House Of Representatives, are hereby
constituted q board of commissioners to carry
into effect the provisions of this act, and to
all the means necessary and proper to that
end. ANY three of them shall constitute
board and the board shall have power and
authority, in respect to each and all of the cleo
tons hereby authorized or provided for, to
designate and establish precincts for voting, or
to adopt those already established to cause
polls to be opened at such places as it may deem,
proper in the respective counties and election
precincts of said Territory; to appoint, as
judges of election at each of the several places
of voting, three discreet and respectable per-
sons, any two of whom shall be competent to
act, to require the sherifs of the several coun-i
ties, by themselves or deputies, to attend the
judges at each of the places of voting, for the
purpose of preserving peace and good order,
or the said board may, instead of said sheriffs
dtheir deputies, appoint, at their discretion,
and in such instances as they may choose, other
BIT persona for the same purpose; and when
the purpose of the election is to elect delegates
10 Convention to form q Constitution, as here
inbefore provided for, the number of delegates
shall be sixty, and they shall be spportioned
by said board among the several counties of
said Territory, according to the number of
voters; and in making this apportionment, the
board may Join two or more counties together
to make an election or representative district,
where neither of the said counties has the re-
quisite number of voters to entitle it to dele
gate, or to join q smaller to larger county
having surplus population, where it may serve
to equalize the representation. The elections
hereby authorized shall continue one day only,
and shall not be continued later than shutdown
on that day. The said board shall appoint the
day of election for each of the elections hereby
authorized, as the same may become necessary.
The said Governor shall announce by proclama.
ton, the day appointed for any one of said cleo
tons, and the day shall be as early one as is
consistent with due notice thereof to the people of
said Territory, subject to the provisions Of this
act. The said board shall have full power to
prescribe the time, manner, and places of each
of said elections, and to direct the time and
manner of the returns thereof, which RETURNS
shall be made to the said board, whose duty it
shall be to announce the result by procama-
ton, and TO appoint therein as early day as
practicable for the delegates elected where the
election has been for delegates) to assemble in
Convention at the seat of Government of said
Territory. When so assembled, the Conven.
ton shall FIRST determine, by vote, whether it
is the wish of the people of the proposed State
to be admitted into the Union at that time; and
IT 80, shall proceed to form Constitution and
take all necessary steps for the establishment
of State Government, in conformity with the
Federal Constitution, subject to the approval
| ard ratification of the people of the proposed
State. And the said Convention shall according.
| ly provide for its submission to the vote of the
people for approval or rejection.
SEC. A. And be It further enacted That
in the elections hereby authorized, all white
male inhabitants Of said Territory over the age
of twenty.one years, who have been residents
for three months before the election, and are
citizens of the United States, and none others,
i
only qualification required to entitle the citizen
to the right of suffrage in said elections.
"SEc. s. And be 1t further enacted, That
the members of the aforesaid board of commits
sioners, and all persons appointed by them to
carry into effect the provisions of this act, shall
before entering upon their duties, take an oath
to perform faithfully the duties of their respect
i've offices, and on failure thereof, they shall be
liable and subject to the same charges and
penalties as are provided in like cases under
the Territorial laws"
The other sections relate to the compensa
ton of the officers, the representation of tie
new State in Congress, and the public land,
lying within the State. All the Opposition
members except Mr.. Durkee, and Mr.. Cameron
who had paired off with Mr.. Davis, voted fol
tbs substitute. Mr.. Durkee recorded his yot,
against it.
/ As the amendment may be offered in tn,
House, let Us examine its nature and bearings
1t does not sanction the Lecompton Constitu
ton; it does not propose that Congress shall
adopt it; it simply proposes to admit Kansa
as State, and refer the Constitution adopted
by the Lecompton Convention to the judgmen
of its people. If they decide in favor of ii
| Kansas is to be declared State in the Union
by proclamation of the President if agains
it, they are authorized to elect delegates to
Convention to form Constitution, subject t
the approval and ratification of the People Q
the proposed State. No provision being made
in this event, for q declaration of its member
ship in the Union, by Presidential proclams
ton, it follows that the Constitution which ma
| TINS be formed and ratified must be submtfteo