The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-11-24

passed 20 submit the whole constitution 90 pop
uar vote. The President removed him from Office a
further evidence Of the sincerity with which he was in
hng yonr expectations in relation to hnnsas And y
gives pleasure here To say Of him. what assured
can now say with confidence. that he will not shrink
hairs breadth from the position lac has taken but will
another step in advance and fall IL fall he must
nanully uphoding the rights and deying the insoence
of ill-gOuen power.
When the bill presented the Seuate for the adj
mission OF the State Of Kansas after long discussion ii
adopted, with provision which required the State
after admission 10 relinquis its claim all the land
asked for IN its ordnance except 500 600 acres that be
ing the largest amount which had been granted to
State at the period OF its admission There also
provision declaaory of the right of the people TO change
their constitution at any time though the
itself had restricted them for term OF years. consid
cred both those provisions objectionable the st be-
il directory Of legislation To be enacted by
State and the second, because IL inviting TO dis
regard OF the fundamental law, aud had too much the
seeming of concession 10 the slavery feeling which
impatient for change of the constitution That bill
failed in the House, and succeeded by bill of the
opposition which recognised the right be adj
mitted with pro-sayery constitution provided it should
be adopted by popular vote. This also failed and in
the discussion between the two houses committee of
conference appointed which framed the bill which
became n law.
As there has been much diversity Of opinion in relation
TO that law and think much Misrepresentation TO its
character will he pardoned for speaking of it somewhat
minntcly
When il known that the conference committee
had prepared bill l. being at the time confined To my
house by disease invited my colleague and the represent
atves from the State TO visit that might confer
together and decide upon the which would
pursue. Before the evening Of our meeting disiin-
gushed member of the House OF Represeu tages
Der of the committee, called and read TO the bill
which they had prepared 1t contained some features
which j considered Objectionable. He coneurred with
me, and promised to his efforts have them stricken
out When the Mississippi delegation assembled,
conference full and marked by the desire, first pro
the rights State, and seCqudly.
nimity Of action by its delegation The objections which
wero urged referred my memory me- entirely
to the features which l had to hope would be
stricken out One of the delegation announced
Willingness to support the proposed modification of the
Senate proposition lest it should be considered yield
ing the point on which we had insisted that Congress
could not require the constitution to be submitted
popular vote. refer 10 the amented Qutnan, whose
sincere devotion to southern interests who knew
him could question. regretted that he deemed IL ne
ccsary to vote, finally against the measure, but honor
the motive which governed his course.
The ordinance which attached TO the constitution
not part of H. but condition 10 the APP
pcaton for admission If Congress had stricken the
dinanca ont the effect believe, would have been that
of admitting the State without any reservation of the
public land would have transferred attribute of
sovereignty the useful as well the eminent domain
The southern senators WHO received the soubriquet Of
southern uas held that position in 1850 in relation to
the public lands of California and it constituted one of
their objections to the admission of that State at the time
it was effected. To modify the ordinance that is to
change the condition which the inhabitants Of Kansas
proposed to enter into the Unonwas necessarily to give
them the right to withdraw their proposition
1t remained then for Congress, if they reduced the
amount of land asked for in the ordinance, either to pro-
vide the mode in which the Inhabitants should accept
reject the modification leave them to do it in such
manner as they might adopt The convention de-
func the legislature black republican and thought
to be entitled to little confidence, and it seemed to be
better that Congress should itself provide the mode of
ascertanng the public will than leave that duty the
territorial legislature such it believed and proven
to be- it was mere question of expedency and think
the best course pursued,
To have admitted the State without modification of
the ordinance would have been to grant five times ns
much Of the public land had been given State
at the period of admission
There nothing to justify such discrimination |
and otherwise the State could not he admitted without
referring the question violating the principle Of State
sovereignty.
AS condition precedent the general government may
require the recognition of its right control the primary
disposal of the land but have right to impose
condition with te mandate that it shall be subsequently
fulfilled and power "a enforce the mandate il the
State admitted should refuse to comply Not for all the
land in Kansas, not for all the land between the Missouri
and the Pacific ocean, not for all the land of the CONT
nent OF North America would agree that the federal
government should have the power to coerce a State
The necessity for having all conditions agreed upon |
before the admission of State demonstrated by |
Mr. Sonle in 1885, in the discussion Of the bill for the
admission Of California. MIR Webster replied TO him |
but DID not answer his argument, and the Of
told.
OF the three methods which were supposble think
Congress adopted the best it was the only one which
was ataipable and secured all which of value to the
South IL the admission by Congress of State with
pro-slayey constitutions it the triumph of the pin
cpe that forbade Congress to interfere either as the
matter OF the constitution the manner in which il /
should be formed and adopted
The refusal Of the inhabitants to accept the reduced
offered to them, and their decision TO remain
IN territorial condition. WAS ia my opinion wise on
then part and fortunate ours. The late governor
Denver has forciby pointed them their want of
means to support State government and the proprety
OF giving their first attention the establishment of
order and the development of their internal recources
There were many to doubt the fitness of the in
habtants OF Kansas to be admitted as a State
The condition OF the country and the previous egsa-
lion OF Congress made the exceptional, and in my
Judgment justified the course adopted | have there.
fore, no apology or regret to offer in the case
The northern opponents of the measure have among
other denuncatoy epithes applied TO it those of brbc
ry' and 'coerciol. arbery" to give css ly twenty |
ercon to leave them to the option of receiving the
usual endowment waiting until they had an amount
Of population which would give some assurance OF their
ability to maintain State government Though such
the requirement OF the law and designed secure ex
emption from the miscbcyous agitation which has for
several years disturbed the country and benefited only
the demagognes who make trade of politics, we may
scarcely hope to escape from renewal of the agitation
which has been found profitable The next phase of
the question viii probably be in the form of what il
termed an enabling act Ia avorite measure with the
advocates of squatter sovereignty, who claiming for
the Inhabitants OF Territory all the power Of the people