The Washington union., 1858-03-10
THE ADMISSION OF KANSAS.
SPEECH OF hon. JOHN r. THOMSON,
OF NEW JERSEY F.;


Dsleeyed N ne Senate Of Tho United Sp,,ss Much g. 1858
The Senate having under consideration the bill for ihs
admission of Kansas into the Union u State
Mr. THOMSON said
Mn. President shall vote for the bill for the sdmis
sion of Kansas State into the Union and shall ask
permission, very briefly 10 state Of the
which induce me to do
am aware, sir that this subject has been fully dis
cussed In this chamber that nothing be added to
it by any one least of all by and l., therefore,
an apology in advance to the Senate for repeating,
shall be obliged do what has said before SO much
better than possibly hope to do But the section of
the Union from which come with the views entertain,
render it proper if not necessary that should ask your
indulgence for few minutes
For the last four years country has been kept in
state of fearful excitement by the agitation of question
which has threatened the existence of Union and if
much longer continued must at no distant day inevitably
dissolve II. rN+ - ttff
An opportunity in my opinion, is presented to
settle it-an opportunity by which this question, which
can never be discussed with profit safety in Congress-
may be removed forever from its halls.
An opportunity Is presented to ocalze an nsttu-
tion within the limits of the States which interested in
it, and to carry out the great principle of the Kansas Ne
baska act of Intervention by Congress with slavery
in the States and Territories Shall we embrace the
opportunity thus presented shall by neglecting it,
put in peril will do, the peace if not the exist
ence of the Union
Territory of the United States asks admission rs
State into the Union and presents you constitution
in every respect-in form and in snbstancelcgal and
republican constitution framed and put into operation
in precisely the manner ten of the States of
the Union constitution whose validity is recognised
by the acts of the people, and substantially ratified by
their election under Its provisions of member of Con
ge to represent them in your House of Representatives,
governor, and members Of the State legislature
But, Notwithstanding this perfect conformity with law
and usage this application is resisted on the ground OF
its constitution not being in accordance with the will of
the people, and its not having been submitted whole
to them for ratification rejection.
Now, Mr.. President, from the great stress which has
been laid in certain quarters upon the necessity of such
submission would he apt to suppose that such had
always heretofore been the rule prerequisite to the
admission of State into the Union and that the of
Kansas in which tho whole constitution not submit
ted to the people fatal exception TO tat tulc ana
or that account should be rejected by Congress
But in the investigation which have made into the
history OF the formation Of the constitutions of the differ
ent States OF the Union, have arrived at differ
ent result; and satisfied that far from submission
being rule it has been marked exception to it, Now,
although do most heartily approve of tho submission to
the people of State of all great questions affecting their
interests, not only their forms Of gUvtrdent but also
legislative acts involving the creation Of debt and the
faith OF the State yet SIR the submission of constitu
ton, after having been framed by convention OF dele
gates duly elected for TINT purpose has certainly been
considered necessary by large number if not by
ority of the States Of this Union If the people desire
act directly by their votes upon the adoption of cost
tuition, they have the undoubted right to do SO. But
they have an equal right to delegate their power to
convention to act for tc and to make and put in ope
ration constitution without submitting it to them for
their further action
And II it he true has RECENTLY lec,t sad that sub
p,ieson 10 the people and their adoption OF constitu
ton is necessary to give it validity, then upon the
principle Legislative nets should in like be sub
mittcd before taking effect for the people in
tcrcsted in and frequently seriously injured by bad
laws than by bad constitutions
have said that large number, if not majority of
the States of the Union have not considered this sulnis
sion at all necessary The constitutions in force
tcativn to the people, but adopted in convention
Vermont adopted her constitution July A. 1898, in
vcntion at Windsor. Compiled Statutes of Vermont,
page l5.)
Connecticut by convention in 1918. lSce Compilation
of Statutes of Connecticut, 1851 pages 20 and 45.)
Delaware, by convention, in 1881. See Acts of 1881,
page 40 and Revised Code, page 49,
Pennsylvania, by convention In 1888, With provis
ion for future amendments to be ratified by the people.
tSee Purdon's Digest page IL, section l0l
North Carolina adopted her present constitution in
l176, by convention amendments in 1885.
South Carolina, in 1890, by convention.
Georgia, by convention, on the 23d of May, 1898.
Alabama in 1919, by convention under enabling act
tsee Code of Alahama, page 26, section ,, page 2S
Mississippi, hy convention, in 1877 and revised in
like manner in 1882.
Tennessee. by convention, in 1886.
Kentucky, by convention, in 1893
Arkansas ly convention, without enabling act. (See
Revised Statutes of Arkansas pages l7-ts)
Missouri, by convention, in 1920 and not submitted
TO the people.
Illinois, by convention in 1878 also appears not TO
haze been submitted to the people,
The following compelled by statute to submit the
constitution framed by the conventions to the people:
New York, constitution adopted in 1916. Section .,
act of lsi5, providing for the convention, required its
ratification by the people
New Jersey, act of 1884, approved February 23. Sec
ton required its submission to the people 1t sub
mitted and ratified in 1874
Maryland formed in 1851, and ratified by the people,
in accordance with previous act of Legislature ee acts
of ls40, chapter BAG, section S.)
Virginia, formed In 1851. Act of March, l3, 1851,
required its ratification by the people
Indiana, formed in 1851 ratified by the people,
quircd by the law authorizing the convention Sce net
of $780, approved January Is, sections Ia and l5 The
section relative to the exclusion and color z,on of
groes submitted distinct proposition Scc Re-
vised Statutes, volume l, page 72)
Wisconsin, Isis. Section nine of schedule required
its ratification by the people. Revised Statutes Isi9.)
In April, lSf7, the constitution defeated by
thousand majority. (Nes's Register, volume ~
page ll4) new constitution then formed, and
the State admitted under it May 20, ls4S.
Iowa. formed in 1916. Previous laws of June TO- lst5
ovcr the veto of the governor and of January H. 1896
required ratification by the people.
Ohio, the first constitution, formed under enabling
act of Congress- adopted 29th October 1902 was not
submitted TO the people that of the 10Th March, 1857
submitted to the people and approved by them.
louisiana formed 1852. The constitution was 10y pre-
vious enactment required to be submitted and at-
fed by the people
Michigan, formed 1850. Act of March g. 1850, re-
quired it to I've submitted to the people (Sce Laws Of
1850, No. IS, section o. on page CO.
Maine, formed in 1872 by convention page 1872 Hick
cys Constitution) amendments submitted to the people
1884, 1887, 1899
NJ. IN. n.