Washington telegraph., 1858-12-22


constitution, without requiring them 10 subject
their constituents To the trouble, expense and
delay Of n second election. Ii would have
been in opposition to many Precedents in ouI
history, commencing in the very best age OF the
republic, Of the admission Of Territories a-
States into the Union. without n previous vote
Of the people approving their constitution.
IL i to be lamented that 4 question 50 insig-
n.hcunt. when viewed in its practical effects on
the people Of Kansas. whether decided one way
or the other, should have kindled such fame
Of excitement throughout the country. This
reflection may prove To be lesson Of wisdom
and Of warning for our future guidance
Practically considered. the question is simply
whether the people Of that Territory should
first come into the Union and then change any
provision in their constitution not agreeable 10
themselves. or accomplish the very same object
by remaining out OF tic Union and framing
another constitution in accordance with their
Will. In either case the result would be pre-
cisely the same. The difference ia point Of
fact is, that the object would have been much
sooner attained, and the pacihcation of Kansas
more speedily effected, had it been admitted a
State at the last session OF Congress.
My recommendation, however. for the immc-
diate admiSs ON Of Kansas. failed TO meet the
appreciation OF Congress. They deemed it wiser
to adopt different measure for the settlement
Of the question. For my own part. | should
any constitutional measure to accomplish tins
object l therefore. cordially acguiesccd in
what has been called the English Compromise.
and approved the Act for the admission Of the
State of Kansas into the Union upon the terms
therein prescribed.
Under the ordinance which accompanied Lc-
compton constitution, the people Of Kansas had
claimed double the quantity ofPublic lands for
the support Of common schools, which had ever
been previously granted to any State entering
the Union; and also the alternate sections Of
land for twelve mi e on each side Of two rail
roads proposed to be constructed from the nor
theru to the southern boundary. and from the
eastern 20 the western boundary Of the State.
Congress. dceming these claims unreasonable.
provided. by the act Of May I. 1855. to which
have Just referred for the admission Of the State
on an equal footing with the original States
but upon the fundamental condition precc-
Il, Mt " that majority uf the people thereof. at
an election to be held for that purpose. should
in place of the very large grui + Of public lands
winch they had dema aided under the ordinance
accept such grants a. had been made To- Mime
sofa and other new States. Under this nct
should a majority reject the proposition offered
them. lit -han be deemed and held that the
people Of Kansas do not desire admission into
the Union with said constitution under the con-
dition> set forth IN sa5d proposition. lH that
event. Jur Art atSturI-c- t,fc people If tlI, Ter
and State government for thrmselyc>, &c when
ever. and not before. It i asceriaiued by 4
census. duly sud legally taken, shat the popula-
tiou OF said Territory equals OF c1cceds the
ratio of representation required for 4 member
u: the House Of prr.entatives Of the Congress
of the United States 90 The delegates thus A.
scmblcI shall first determine by a vote wheth-
er it j. the wish Of the people Of the proposed
State o. be admitted into the Union at that time,
4 -
aud take all necessary steps for the establish
men. of a STATE government in conformity With
the federal constitution" Aftcr this cons;tu-
tion shall have been formed. Congress. carrying
out the principles os popular sovereignty and
nom -.ntci vcu-iun. have lett - the mode and
manner of 1t, approval or ratification by the
people af the proposed State to be prescribed
10y law and they ''shail then be admitted into
the Union as a State under such constitute IA
thu. fairly and legally made, with or without
slavery. as said cons titution may prescribc.'
An election was he'll throughout Kansas, in
pursuance Of tie provisions Of tais act, on the
~ dav II August last. and il resulted in the re
lection. By large majority, Of the TruPosItiou
-Uhmitted to the people by Couercss--Ihis
being the case. they are now authorized t. form
another constitution. pr, parrtory to admission
into the Union. but not until their number, a.
asccrtaiucd by censu-, shall equal or exceed
tho ratio required to- elect member Of the
House OF representative.
II Is not probable. in the present state Of the
case, that n third constitution can be lawfully
framed and presented 10 Congress bv Kansas,
before its population shall have reached the
designated number. Morris II To be presumed
that. after their sad experience in resisting the
territorial laws, they will attempt 20 adopt a
constitution in express violation Of the ruvi-
-ions of an act of Congress. During the session
of $50 much Of the time Of Congress was occu-
pied on the question Of admitting Kansas under
the Topeka constitution. Again. nearly the
whole Of the last session was devoted to the
question oft admission under the Lccomptou
constitution Surely it is not unreasonable to
require the people Of Kansas to wait. before
making tliid attempt until the number Of
their inhabitants shall amount 70 ninety-thruc
thousand, four hundred and twenty. During
this brief period the harmony Of the States, -
we'll a. the great business interests Of the coun-
try. demand that the people Of the Union shall
not for third time be conyulscd by another
agitation on the Kansas question by waiting
for A short time and acting in obedience to law.
Kansas will glide into the Union without the
slightest impediment.
This excellent provision, which Congress
have applied 70 Kansas ought to be extended
and rendered applicable to all Territories which
may hereafter seek admission into the Union.
Whilst Congress possess the undoubted pow
er Of admitting new state INTO the Ohloh'
however small may be the number of its in
habitants, yet this power ought not, IN my
opinion, TO be exercised before the population
shall amount to the ratio required By the act
for the admission of Kansas. Had this been
previously the rule. the country would have
escaped all the evils and misfortunes to which
it has been exposed by the Kansas question.
of course, it would be unjust 70 give this ruie
a retrospective application, and exclude n state
which. acting upon the past practice Of the
government, has already formed its constitution.
elected its legislature and other officers, and Is
now prepared 10 enter the Union
The rule ought to be adopted, whether We
consider its bearing ON the people Of the Terri
tories or upon the people of the existing States
MANY of the serious dissensions which have
prevailed in Congress and throughout the eoun-
try would have beea avoided. had this rule been
established at an earlier period Of the govern
ment.
Immediately upon the formation Of new
Territory. people from different States and from
foreign countries rush into il, for the landible