The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-18

senate passed q resolution TO pay TO the
heirs OF Senators Butler, Bell and Rusk CON-
pensation for the special session to the day
Of their respective deaths.
Mr.. stephens Of Ga, made report ex-
pressiye Of the views Of the majority of the
Kansas committee. Ii commences by say
ing that the subject matter 10 which atten-
ton should be directed was, first, the law
for taking the census Of the people. I'd, the
law calling the convention. 3D. the registry
Of the voters and the apportionment under
it. 4th, the assembling Of the convention
and its Journal. 9Th, the constitution 30
made. 9Th, the official vote on the ratifca.
ton Of the subject submitted. 9TH, the CON-
mittee filed, not deeming it material, the act
of December last providing for vote for or
against the slavery clause on the 4th of Jan.
9Th, the official announcement of that vote,
and 9th, the written statement Of Gen. Cal
houn in relation to the registry Of voters,
&c, but which sheds no light on the sub
ject.
The report says that these facts show
great regularity and strict conformity to
law, and that no State heretofore applying
for admission has shown cleaner record
No objection to the admission OF Kansas
arts s after the usual inquiries-frstly, as to
the regularity of the proceedings, and, third
ly, whether the constitution is Republican
in form.
The report then answered the objections,
going very fully into reply to Gov. Walk
er's argument, founded on his assumption
that the validity Of every State Constitution
depends upon its having received the sanction
OF a popular vote.
This assumption is denied as not been
sustained by principle or authority. Sow
ereign government, Walker says, is inalen.
able, and rests exclusively in the people. -
This granted but the report says it does
not follow that sovereign power cannot be
delegated. The formation of IA constitution
requires the exercise Of sovereign power
but so does the most common act of legisla.
ton. IL the one can be delegated, so can
the other. All the constitutions Of the old
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 il are TO be concurred in by the State
Legislatures, and not by the popular vote to
give them validity.
II Gov. Walkers doctrines are correct,
we should be without State Constitutions or
laws in half the States Of the Union The
objection that an enabling act is necessary,
is also answered, and shown to be untcnabIe
both in principle and authority.
The question relative to the registry and
apportionment is very fully treated. The
charges that nineteen counties were disfran-
chised, is completely answered. There are
but thirty four organized counties in Kansas;
twenty-one OF these were represented. Nine
of the unrepresented counties have very lit
tie population. In seven Of them not vote
cast was in the January election against the
Constitution in two Others Of the nine, less
than 100 votes were thrown; and in the
four remaining, namely: Franklin, Ander-
son, Coffee and Breckenridge, there were
but 1875. In these four counties the officers
were prevented from making registry.
The report also shows, from the registry
and apportionment, together with the official
returns, that at the 4th of January election,
the five counties of LeavenwOrth, Atkinson,
Douglas, Doniphon and Johnson cast 5lls
votes, which is a majority of the whole vote
cast throughout the Territory. against the
Constitution and yet all these counties
were registered and represented in the Con-
vcn,ion having thirty-six Of the sixty dele
gates of which the Convention was com
posed.
II it be true that the opponents of the
constitution were so largely in the majority
in those counties, and so violent in their OPP
position. why did they not elect men TO form
a constitution more to their liking. They
had within four votes of two.hiris OF the
convention. Why did they fail to act at
the proper time? Their refusal. therefore,
did not invalilate the just, fair and legal
action of the convention. The resolution
under which the committee was appointed
directed them to inquire whether the IL
compton Constitution is acceptable AMI SAY
isiactory to the people. The reply 10 thi.
is, that the only correct text Is the ballot
box. and such an expression Of tie popular
will rs is there given at the proper time ami
place, according to law BY this ps, the
constitution was adopted b. an overwbelm.
ing majority Of those who joinei in the cleo
ton. These only can be considered a. the
bola fde citizens Of kan.as Others who
are bona fde residents who went
to Kansas for mischief and strife. They
are sslfacknovle1ged outlaws. and are no.
TO he considered a. eonst,uen, elements of
the community against which they arr in re-
bellion
Bu, on the 18th Of January. at the cleo. I
ton for State officers lnjer the consti,u.
ton more than twelve thousand voters in
X ansas did go to the polls, and tina. showed
,oDc!asively tina, at least ioqr.fflhs OF the .
voters Of the Territory were willing 10 vote (
Ior the election OF State officers under the
This shows tina, the constitu.
ion wAs no, only acceptable. bu, that i, had
ocen accepted by at Ieas, tour-tifths of the
voters Of that Territory though not salts.
actory to all OF them. the committee de-
II, 80. ,.xs.. /.