The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-20
TIE ADMISSION OF KANSAS.
The Report Of the Majority Of the Senate
Committee on Territories.
PRESENTED TO THE SENATE FEB. IS, 1853,


for Kansas as sate adopted by the Convention which
met at Iecompton, Monday, tho 4th Of September
1857 having had the consideration, instruct
ell Senator Green 70 report
BY the treaty with France made the 3Oth day OF
April, lso3 known the louisiana treaty Kansas Was
acquired with special stipulation for the profession or
the rights Of the inhabitants for the admission of such
states as might be formed out Of that Territory
Union on sn equal footing with the original States This
solemn treaty obligation has been heretofore faithfully
Observed and the States of louisiana Missouri Arkansas
and Iowa have been respectively admitted into the Union
and another part Of the Territory acquired under that
treaty included In tue proposed state of Minnesota is now
about 10 be likewise admitted Kansas has the right
expect the treatment in the rulament OF .acred
treaty obligations, made with one of the brs powers Of
In view of these obligations and in strict conformity
with the uniform practice OF the government uinment
thereof citizens Of the United States have settled Kan
sas under the just expectation OF having State organza
ton And to protect the people and enable them TO
prepare for such organization, Congress, the 3oh
day May 1854, passed an act creating governmentfor
that Territory
That act following UP the constant practice of the
government and in ulhent Of the treaty with France,
contempaes change of its form into that of State, and
| for admission into the Union.
Under the act Of Congress aforesaid regular Terrific
rial government was organized and tho people OF the
Territory were thereby constituted political community,
with ful powers OF government, subordinate only TO the
constitution Of the United States ana proceeded pass
laws for the protection Of persons and property, tee
lidty Of which cannot now be called in question.
Soon after the Territorial government into opera
ton, party of dsafected persons formed combnahons
| and United states governments.
To that end they proceeded to form organization
and although the population nj that time announced less
than twenty i've thousand inhabitants the Terri
tory and they constituting small minority of that
ber yet in order to resist the legal authorities under the
color Of law, got up an Illegal assembly at ropeka and
actually pretended 10 organize state government and
this, too without Congressional enabling act-wthout
the assent OF the Territorial egsaturewthout vote Of
the people authorizing the election Of Convention but
disregard Of all That same party has been persistent in
It's Illegal efforts to maintain its own organization in viola
| ton OF law. and defeat the
| OF all laws and the settlement Of all questions
| affecting the peace of Kansas. To accomplish
ts they concocted and effected q military
organization Of their macontents, pledged to the
legal authorities and actually received sharpes rifles and
other arms and munitions cf war, which sent
from Massachusetts and other states by the called
Emigrant Aid Societies, 10 enable them 70 maintain their
forcibe resistance to lawful authority. These societies
bad previously sent out the worst part Of the spurious
population OF Kansas for the pofssed and avowed object
o excluding slavery from the Territory. That attempt
was Justly regarded offensive TO the Southern states
The people of the United States through their
ves IN Congress- established tue principle OF strict non
Intervention on the subject OF slavery in the Territories
and States. The Supreme Court subsequently, sustained,
| by solemn decision, the same principle.
Therefore, for States societies chartered by States
any other combinations 10 undertake TO effect OBJ
ect that Congress- the Supreme Court and the
people had pronounced against must, of necessity, have
The action Of these societies, conjunction vita their
affiliated organizations in the Territory of Kansa created
general commoton throughout the country as was To
| have been expected
Charges and complaints were made On both sides and
the whole subject subsequently brought before
grcss Tor Consideration. The matter fully invost
gated and the regular, legal Territorial government
completely sustained and endorsed Every department
Of the federal government IN which this question has been
considered has pronounced the judgment In favor OF
| It's laws.
report made in the Senate this subjec, by Mr.
Dougas the chairman OF tho committee charged wi
investigation, in which be says
The passage Of the Kansas Nebraska siren o-y
Isss,d sy all psr.ons weo 1eonsh ss. Nv s epr We he
equality AMI sell goyeinmen tnan 10 allow them to deoe ths
bad dore and must retain he unenabie right TO d0so long
as me copsu on ct The United ss!cs shall BE- maintained 10
cples act unavalng in the halls Congress
ae entered INTO IN some portions Of he Union 10 control
sutops Terriiores ami t ire states through he
sss ss ssra s s ss SG @ 1rse sr { 3
The c9lor Of iss" suho,y an ae oi oeoror.on pro-
whsp powerful eorpo- aion With capfsl Of i've NJ ilcns
%s IN and % aSi IN s so9 as and % aS i9l
pieuens % art, agriculture and var and empo in<
control Ct non resen directors and sockhoers are
nny each enters sparsy Terory
whlhe taea purpose OF wiens az ns power e conrol he
becomes question Of fear import how Ia the operations
Of the people Whatever may the or limit Of con.
ys sSe has H. rh % 10 psss "ny law s or s SSh N
act concerning or affecting he Territories which might
IrlpePle o. o2n,l!,ons nw IN his country that while ali
each sae respae 10 ercPy6as % 1 Ss sfs s e5
ls donssc policy and concerns stands m ihs rsa
state hiss rghi pass any law or do or snborre any as
other state or Terrrory Of he Unon more tRsn 4 aoa2
With reerenee 70 France Eagand or any other foreign
hi Union under higher obligation. - observe friendly
be Of The eoniederaoy han hs laws Of naons poSs
n obligations. arising under the Of nsaon. ar. 80
imperative as 70 make u our duty 70 enact neutrality .aws
branch q the sovernme Including he army navy
enforce tn restraining citizens from nicr ring
the inornal OF foreign states the ogaons OF
each sat, and Territory Of tss Union be ess hperave.
respect 20 be domestic institutions of The several stNes
~ In Kansas, and illustrate ts purposes from The begin
ming 70 the present time; while the report also fully
tains the regular legal government, before stated
Under these circumstance and In this condition os Affairs
and with these express recognons the regular legal
Territorial government continued 10 progress and The
population continued TO increase, until believed the
time had arrived Tor admission INTO the Union, accord
with the provisions Of the louisiana treaty the uni
practice of government The on he orssno
act, and the Just expectations Of the people On The
day Of July 1863 the regular legislature Of the Territory
passed an t 10 take tho sense OF tho people subject
Of forming state government preparatory N admission
into the Union The election was held, and larse ma
jorny voted IN favor OF having Convention Gdopt q
constution-inoeed, the vote wa. almost unanimous
In pursuance Of which m Territorial legislature
on the 10Th day Of February passed Tor ,sng
the census OF the people, tor making registry OF the
voters and for the election OF delegates 10 the Convention
This law is admitted 70 have been enacted by lawful
authority, and 20 be regular, fair and just In ts provi
sions Mr.. Gesry then Governor Of Kansas vetoed the
bill calling the Convention, for Ne reason thd did not
require the constitution when framed, IN be submitted
vote of The people Zoe adoption rejection.
The bill. however, was reconsdered in each Hssso
and passed by two thirds vote ever the veto Of
the Governor aud thus became bpsng Law IN the Ter
rnory.
The Legislature, no doubt, considered solemn duty
IN leave the people OF the Territory perfectly free
through their own delegates convention assembled 10
form snd adopt their own constitution their way;
snd hence did not undertake to dictate any single
DC performed by The peoples representatives, whose
authority on such matters greater than that Of the
tsture " the Legislature could direct tho Conven
uon what they should subject. u might, with
equal pfopriety have given commands all other sub
ieCs. Thk would have been a hagrant violation of all
rules of rgh and of justice 70 The people.
Al the preceding election The people hal directed the
Legislature psss law calling aconvention Ct delegates
10 be elected by the people fr the purpose Of adopting
constitution; and m the Legislature had gone beyond the
performance Of that ministerial act which the people re-
qured, would have been Justly regarded s violation