Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1858-03-18
THE KANSAS REPORT.

THE KANSAS REPORT.
1t will be remembered that O select Committee
was recently appointed in the House of Represen'
~tatives, to investigate and report upon all the mat
tiers bearing upon the Kansas issue. Mr.. STE
puESs, of Georgia, the Chairman, presented the
majority report of his Committee, on Thursday
last. By some extra management, it was not re-
ceived; but the reporters seized upon it, and We
haze by telegraph n liberal synopsis. The report
commences by saying that the subject matter tc
which attention should be directed, was
1st. The law for taking the census of the people
I'd. The law for calling the convention.
Sd. The registry of the voters, and the appor'
tionment under it.
4th. The assembling of the Convention and its
journal.
9th. The Constitution, so made.
9th. The official vote on the ratification of the
subject submitted.
It'll. The committee filed, not deeming it mate.
rial, the act of December last, providing for q vote
for or against the slavery clause, on the 4th Of
January.
9th. The official announcement of that vote. and
9th. The written statement of Gen. Calhoun II
relation to the registry of votes, etc. (but which
sheds no light on the ~suhject.l
The report says that these facts show great re,
gularity and strict conformity to law, and that nc
State heretofore applying for admission has showr
q cleaner record.
No objection to the admission of Kansas arises
on the usual inquiries-frsti as to the application
secondly, rs to the regularity of the proceeding.
and thirdly, whether the Constitution is repub
lican in form.
The report then answers the objections, going
very fully into n reply to Governor Walkers ar
gument, founded on his assumption that the Va,
lidity of every State Constitution depends on its
having received the sanction of q popular vote
This assumption is denied, as not being sustained
by principle or authority. ''Sovereignty." Gov.
Walker says, sis inalicnable, and rests exclusive.
ly in the people" This is granted, hut the re-
port says it does not follow that sovereign power
cannot be delegated. The formation of n Con,
~stitution requires the exercise of sovereign power
but so does the commoncst act Of the legislation.
Ii the one can be delegated, 50 can the other. All
the Constitutions of the old States were made by
conventions without ratification, except that oil
Massachusetts, The Constitution of the United
States was ratified by State Conventions, and new
err by the popular vote. The amendments 10 i,
are to be concurred in by State legislatures, and
not by the popular vote. to give them validity
II Gov. Walkers doctrine is correct, we should
be without State Constitutions or avs in half Of
the States of the Union. The objection that an
enabling act is necessary is also answered, and
shown to be untcnable, both in principle and au-
thority.
The question relative to the registry and appor-
tionment is very fully treated. The charge that
nineteen counties were DISTINGUISHED is completely
answered. There are but thirty four organized
counties in kansas-twcnty.o ne Of these were re.
presented. Nine of the thirteen unrepresented
counties have very little population; in seven of
them not 4 vote was cast ut the January election
against the Constitution. In two others of the
nine, less than one hundred votes were thrown
Anderson. Coffee, and breckenridge, there were but
eleven and thirty five. In these four counties the
officers were prevented from making a registry.
The report also shows, from the registry and
apportioDment, together with the official returns,
that at the 4th of January election the five coun
ties of Lcavenworth, .Atchison, Douglas, Doniphan
and Jefferson, cast five thousand one hundred and
eighteen votes, which is 4 majority Of the whole
vote cast throughout the Territory against the
Constitutiun--and yet all these counties were re-
eistered and represented in the Convention, hay
ing thirty-six Of the sixty delegates of which the
Convention was composed. If it be true that the
OPPONENTS of the Constitution were so largely in
the majority in those counties, and so violent in
their opposition, why did they not elect men to
form n Constitution more TO their liking? They
had within four votes of two thirds OF the Con
vention. Why, then, did they fail to act at the
proper time: Their refusal therefore, did not in
validate the just, fair and legal action Of the Con.
vention.
The resolution under which the committee was
APPOINTED, directed them to inquire whether the
Lccomp,un Constitution is acceptable and salts
factory to the people? The reply to this is, that
the only correct test is the ballot box, and such
an expression Of the popular will as is there given
ut the proper time and place, according to law
By this test the Constitution was adopted by IN
overwhelming majority Of those who Joined in the
election. These only can be considered rs the
L1Ba nil. citizens OF Kansas. Others, who abb
stained. are mala tide residents, who went to Kan
sas for mischief and strife. They are self-ac-
kuowlclrcd outlaws, and are not to he considered
IS constituent elements Of community or society,
against which they are in open rebellion. But,
m the Ith of January. at the election for State
officers under the Constitution, more than twelve
thousand voters in Kansas did 60 to the polls, end
thus showed conclusivcly that 1T least four ftthS
of the voters Of that Territory wee willing to
vote for the election Of State officers under the
Constitution. This shows that the Constitution
was not only acceptable, but !hst it has been nc
ccpted by ~at,lcast four-f!th- Of til" voters of that
Territory, though not entirely satisfactory 10 all
Of them.
The committee declined to go into an investiga-
ton of the alleged frauds AT tine January election
for State officers, for want of jurisdiction Of the
House over the subject. They say they can no
more investigate frauds relating to the election Of
State officers in Kansas than in any other State.
Those matters are to be inquired into by o'hrrap-
prorriate legitimate tribunals. II the seat OF the
mernbrr Of Congress elected to this Hou.c be con
tested on the ground Of alleged frauds, the House
would have Jurisdiction over that question: but
not ~ to frauds in the election of Governor or
members of the Legislature OF Kansas.
The report concludes with Il recommendation
for the admission of the STATE Of Kansas, in pur
suaucc of the views of the President, believing
that the welfare and prosperity of the people of
Kansas, AS well rs the general welfare, peace and
harmony of the whole Union, will thereby be
promoted.
Tur NurTu AND TIE SOuTH-The editor ot the
Richmnud Examiner II calm and dlsPassionate
Il L,, rn,.nt1v hnnn Sninurninp nj