Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-03-11
MajOFsly Report of the Select Commits
tee of Fifteen to Invesligate Kanzas

MajOFsIy Report of the Select Commits
tee of Fifteen to InveHligate kan2as
WASHINGTON, March lO.-The views of ma
jority of the Kanzas Committee, which Mr. Ste
phens is about to publish on his own responsible
ity, not having obtained consent to present it in
the House, sets out by saying
FiIst-The law for taking the census OF the
people.
Second-The law calling the Convention.
Third-The registry Of the voters and the APP
portlonment under it.
Fourth-The assembling of the Convention and
its journal.
Fifth-The Constitution so made
Sixth-rhe official vote on the ratification of
the subject submitted.
SeVenth-The Committee filed, not deeming it
mateEial, the act of December last, providing for
vote for against the slavery clause, on the 4th
of January.
Eighth-The official announcement of that
vote, and
Ninth The written statement Of General
Calhoun in relation to the registry of votes etc.
(but which sheds no light on the subjeet)
The report says that these facts show great
regularity and strict conformity to law, and that
no State heretofore applying for admission has
shown a cleaner record
No objection 10 the admission Of Kanzas arises
on the usual nquiries-frstly, as to the applica-
ton; secondly, as to the regularity of the pro.
ceedings; and thirdly, whether the Constitution
is republican in form.
The report then answers the objections. going
very fully into reply to Governor Walkers ar
gument, founded on his assumption that the va
liditysof every State Constitution depends upon
its having received the sanction of popular vote
This assumption is denied, as not being sustained
by principle or authority. Sovereignty" Gov.
eTnor Walker says, is inalienable, and rests ex.
clusively in the people This is granted, but the
report says it does not follow that sovereign pow
er cannot be delegated. The formation OF con-
stitution requires the exercise OF sovereign pow
er-so does the commonest act oflegisalon. II
the one can be delegated, so can the other. All
the constitutions Of the old States were made by
conventions, without ratification, except that Of
Massachusetts. The Constitution of the United
States was ratified by the State conventions, and
never by the popular vote. The amendments to
it are TO be coneurred in by the State Legisla.
lures, and not by the popular vote, to give Them
validity. If Governors Walkers doctrine is cor.
rect we should be without State constitutions or
laws in half the States of the Union. The OBJ
lection that an enabling act is necessary is also
answered, and shown to be untenable both in
principle and authority. The question relative to
the registry and appointment is very fully treat.
ed. The charge that nineteen counties were dis.
iranchised is completely answered There are
but thirty four organized counties in Ksnzas.
Twenty-oDe of these were represented Nine of
the thirteen unrepTesented counties have very
ltte pOpulatlon. In seven of them not a vote
was cast, at the January election against the con.
stitution In two others of the nine, less than
one hundred votee were thrown, aud in the four
remaining - Wis Franklin, Anderson, Coffee.
and Breckinrdge-there were but eleven hundred
and thirty-hve. In these four counties the of.
Ulcers were prevented from making a registry
The report also shows, from the registry and
apportionment, together with the official returns,
that at the fourth Of January election the five
counties OF LeoVenworth, Atchison Douglas,
Donlphan, and Jefferson, cast five thousand,
one hundred and eighteen votes, which is a ma
J0rtY OF the whole vote cast throughout the
territory against the constitution. And yet all
these counties were registered and represented in
the convention, leaving thirty six OF the sixty
| delegates of which the convention was composed
| Hit be tue that the opponents Of the constitu
ton were SO largely in the minority in those
counties, and so violent in their opposition, why
did they not elect men to form constitution
more to their liking They had within four votes
| OF two-thirds OF the conventlon-why then did
they fail to act at the proper time Their refus
al therefore did not invadaie the just, fair, and
| legal action Of the convention
The resolution under which the committee was
appointed, directed them to inquire whether the
| Lecompton constitution is acceptable and salts
| factory TO the people. The reply to this is thai
the only correct test is the ballot box, and suct
an expression OF the popular will 40 is there given
| at the proper time and place, according TO law
| BY this test the constitution was adopted by al
overwhelming majority of those who joined in tn,
| election.
These only can be considered as the bona lid,
| citizens Of Kanzas. Others, who abstaned, ar,
bona fide residents, who won't to Kansas for mis-
chief and strife. They are self acknowledge,
| outlaws, and are not TO be considered rs consiit
uent elements Of the community Or society
against which they are in open rebellion. Blu
on She 4th Of January, At the election for Stat,
officers under the Constitution, more than lively,
thousand yotars In Kanzas did 20 the polls. and
thus showed conolusively that at least nom ful
diths Of the voters Of that Territory were willing
to vote for the election Of State officers uudsr m,