New-York daily tribune., 1858-02-20

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Nave occurred in s the cases touching the 1nelency
of population in the admission Of STATE, WIZ -ho"
that the discussion has always proceeded ON the sup
nosition that the rule have Indicated Has me True
one and the effort has been the one side 10 p'oVe
that the proposed State had sufficient popuiat" a.'
on TIE other that had not the requisite ppn'e,s
entie II 20 admission IN subst'.ntiai coHPi'"e VIZ
that rule. s,. -,
In view OF these facis respectfully ouI h!my ine,'
that either tie principles ror tsc Provsons ms "a .e
Kaneas Nebraska act, nor OF tse Onr.nhaI IN
iu,tiy the assertion that it vas the lhenton 20 aoo
Cate ;b;s yise and int ruiz and establish in lieu OF It
the principle that all tie Ierrit9rles ncuding h1h
sas and Nsbrsska have right whenever they please
and with whatever PD4ufs PPHS frm COZ CcS.taon 3 "a their
withou m express authority from Congress,
and demand admission INTO the Union on the pea that
the Organfc act was an enabling act; DO no' lhsst
that Congress in the exercise oi so0nd ulscreton
ms not De part from the rule 10 which have referred
and make an exceptional case OF IerfltJry 1haei
peculiar circumstance, u the Senat proposed ana
the House Of Representative refused 70 40 win MAJ
sas in july 1856; but in such case, 1t any can De
shown il our history, il must be regarded az cOnces
sion by Congress, aud not the recognition of rght N
the Territory. n.
and the Committee on Territories that the kansas-Ne-
brsska act did not authorize the people of those Ter
ritories TO proceed and form state Constitution,
whenever they chose without the consent oi congress-
and that the passage of enabling act by Congress
vas the appropriate and legitimate mode Of carrying
into effect the principles provisions and policy OF the
KaBsss Nebraska act, when those Territories ieseC
lively should have the requisite population 10 ehie
them 10 admission into the Union as States according
10 the principles of the Federal Constitution, as guar
anteed by the Treaty acquiring the country HCn
France II made apparent by the fact that on the "a
day ofJuy, 1885, III pursuance OF the s9id reconeno
alton of the President and report Of the COMMITTEE
the Senate passed Enabling act for Kansas, entitled
An act 10 authorize He people Of the Ierr,toTy g
Kansas 10 form a Constitution and STATE G0rerR-
mint DyeDdratory 10 their admission INTO TIE Cn0n
- sr,fh fLp OTIpIUOl States" 4
quote from Senate Journal, page 4i4;
Ordered ha, bill be engroed and read third time The
''1 On the question Shall bill ps's determined in
@ motion by Mr. seward the Yea. and Nsys being desired
EPstH Tsd.e who 'Te voted IN the fr~sye are
"Mesns Allen Bsysrd Bell Of Tennessee Ben.mn, Bsss,
Bser Bright Brodhead Brown, Cass Clay Cnttrnsen Doug
lows asIory Pratt PurR Reid Sebastian ssde Stuart
Thompson Of Kentucky, Tombs, Touoey, Wee Wright and
"Those who voted In the negative are:
F Fao q foeT Hsr sewd Taata Wa1e and
Ssi.saes" Sii.on, root ''''' '''''' '
"Resclved that the bill pass and that the title thereof be
Aforesaid" o.
voted against the Enabling act for Kansas IN 1890,
owho had either advocated voted for the Kansas
Nebraska sci in 1854 while it is proper to remark
that II ose Senators who did vote against this En.
abhDg act justify their opposition upon the ground
that the provisions of The bI aud the time aud CIR
cuDstances under which it was proposed to press IT,
were net in accordance with their views OF pubhc
policy and duty, and not upon the ground that the
organic act sufficient Enabling act TO authorize
the people of the Territory TO ordain a Constitution
whenever they pleased Greater significance and itn-
pOrtance are imputed to these Recommendations re-
ports and votes in favor of enabling act for Kan
sas in view of the fact that few hs previously
the Territorial Legislature had taken the preliminary
steps for calling the LecOmpton Convention by order
ing an election TO be held few months thereafter for
or against the Convention; while the effect as well as
the design Of the Enabling act thus recommended by
the President and passed by the Senate, would have
been if it had passed the House and become law, 10
arrest and put end to this irregular and unauthor-
lieu roooadng the part of the Territorial Legisa.
ture, and TO substitute in place of it regular and
legal mode OF proceeding under the authority OF Con-
neople Of Kansas would have eesn s ESAeSsPy the he
sumo and exercise the sovereign power OF establishing
a Constitution and state Government, the proceeding
would have been regular, lawful, and In stict con-
formty with the true intent and meaning OF the Nan,
sas Nebraska act. Then the people OF Kansas would
have become a sovereign power, clothed with ful
authority to establish Constitution and State Gov
emmont in their own way, subject only TO the ConS,
tuition Of the United States. But II the proposton DE
true that sovereign power alone can institute Govern
ments and that the sovereignty OF territory IS III
abey ance suspended in the United States IN trust io
the peope when they become a state, and the sove-
| reignty cannot be dvested from the hands OF the
trustee and vested in the people OF the Territory WIN
out the assent of Congress itioows as an unaVoid-
able consequence that the Kansas Legislature by the
upon the IecOmptOn Convention the sovereign power
of ordainng Constitution for the people OF Kansas
in the place of the organic law passed by Congress
The Convention to have been conscious OF TINS
absence of sovereign power their part and seeks
to supply the deficiency by referring the CONSTITUTION
to the people at election on the 2st OF Deceper
nroyieiop that fhis Constitution shall take effect and
BE N torcc from and after ats rdtedt'oH by me pro-
| Il" pie. as here'abdore ror'ded.
will quote some of the provisions on this point:
h.s (Qugr
into tie Union State shs be submitted to al the waite
inhabitants Of this Territory for approval or disapprovs as
% which election the Consultation formed by this Conven.
ton shah submitted all the white male inhabitants OF the
Te Kansas in said Territory upon that aAy and oyss We,
| following manner and iorul," &C.
"src ie This Constitution shall take effect aud be in
| ,ided
From these provisions it is clear that the Conven-
ton did not openly assert and exercise the authority
to or6au and establish the Constitution by virtue OF
any sovereign power vested In that bOdy, but referred
il to the people for ratification rejection under the
suppOsitiOn that the popular will expressed through
the ballot box might mpat vitality and validity to 1t.
But, before the time arrived for holding tue election
the ratification rejection of the Constitution, as
provided by the Convention, the Territorial Legisa-
iure interposed it's authority by the passage of law,
providing that said Constitution should he submitted
to the people fer ratification projection at fair cleo
ton TO be held in conformity with the laws " the Ter
| rory, on the 4th day Of January 1858. The reason
for this legislative nteroiton, by which the vote on
the Constitution in effect to be postponed from the
2ls of December to the 4th OF January and then held
ard conducted, and the returns made in the manner
prescribed by law may be deduced from the following
facts:
l. That, bile the Convention recognized the right
of the people Of Kansas to ratfy" "reect said
Constitution, and provided that It should not take
effect be subn tilted TO Congress for acceptance,
until ratified at election TO be held for the pur
pose of rat fcat0a" "rejecttOH," yet the mode
Of submission prescribed by the Convention was such
"a render II imposshe for the people to reject il