Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-04-09


ganic laws of Utah, New Mexico, and Ne
braska, conferred the same power on the peo-
pie of those Territories, for the language is
identical in all those laws. The Kansas or
ganic law, after describing the boundaries
of the proposed Territory, proceeds to declare
that
''The same is hereby erected into a temporary gov
eminent by the name of the Territory of Kansas and
when admitted State States Of divided,) the
said Territory any portion Of the same shall be
ceived into the Union with without slavery their
constitution may prescribe at the time Of their adms
si0n.''
The organic laws of New Mexico, Utah. and
Nebraska contain similar provisions, without
the variation of word.
/ make no account of the other clause in
the Kansas organic law, which provides that
its true intent and meaning was. to leave the
people to form their domestic institutions in
their own way; because | agree with the SEN
ator from Georgia. that that gives not one iot
of power which was not given TO the people of
the Territories of Utah, New Mexico. and Ne
braska by their organic laws. The authority
given in those acts to the Territorial Legisla-
lures extended ''to all rightful subjects of leg
islation, subject to the Constitution of the
United States" Why was the peculiar Ian
guage / have adverted to employed in the
Kansas organic act? The purpose it has an
swered we are all well advised of. We know
that it answered fully and completely the de-
sign with which it was incorporated into the
Kansas Nebraska act. 1t served to cOnciliate
the support of northern men. 1t would be a
most mischievous doctrine, indeed, if it were
true that the organic law of Kansas gave the
people the power to form State constitution
when they pleased without any limitation as
to time or population and to demand admis-
sion into the Union as right. which Congress
could not resist without a violation of good
faith. According to this construction of the
organic law of Kansas, not only Kansas. but
New Mexico and Utah, must be admitted into
the Union whenever the p ople of those Ter
ritories shall think proper to apply for admis-
sion. 1t might be no great outrage to admit
New Mexico at any time; but to admit Utah,
with its Mormon population. upon compulsion,
would not he so seemly upon the principle
sought to be applied to Kansas. The people
of the Territory of Nebraska, though not eX-
ceeding probably some four TO five thousand
in number, would have right to form a State
constitution, and demand admission into the
Union now, or as soon as they think proper
to form constitution and demand admis-
sion.
The idea that the Kansas organic law con-
fers on the people of Kansas power to form a
State constitution, and demand admission in
to the Union at their discretion, is subversive
of every principle that has been considered
established heretofore in connection with the
admission of new States. Unless we mean to
tear up all the old landmarks which have reg
ulated on questions of this description, it
is heresy which ought to be met at the
threshold. Nevertheless, it is sOltmnly main
tanned by the President. l think it is suffi-
cent proof that this is "a heresy, that the SEN
atOr from Georgia, who endorses everything
else in the Presidents message, abandons the
President on this point, after he had stated in
his message that this point was ''tOO clear to
admit of an argument"
Well, sir, to employ the language of the
President, it being to clear to admit of an
argument that the organic law of Kansas con-
fers no power upon the people to form IA State
constitution, and there being. of course, no
obligation of good faith resting upon Con-
gress to admit that Territory into the Union
under the constitution now presented to us,
how stands the main question, and upon what
principles are we to decide it? Just as all
like questions have stood heretofore, when
Congress had passed no enabling act, and is
to be decided upon Ike principles of reason,
eXpediency and prOpriety. The present APP
plication of Territory to be admitted into
the Union under n constitution formed with
out the authority of Congress, is an appeal
to the discretion of Congress. which has power
to admit or reject, as may be thought eXpe-
of the case. The application is open to all
exceptions which may be taken TO ito all
fair and reasonable objections-as, for exam
pie that the constitution does not reflect the
will of the people; that majority or any
respectable minority of them have not been
represented in the convention which formed
it; that strong feeling of discomfort and OPP
position exists among a large portion of the
people upon the subject One object that
L
would be, to give general satisfaction, to lay
the foundation of good-neighborhood feeling
among the inhabitants of the proposed new
State. Not only should the complaints of
the majority be inquired into, but those of
minority also. l do not know of any i'll
stance where Congress has admitted a State
where there was respectable protesting mi
nority.
Let us now examine the grounds upon
which this application stands according to the
principles have thus laid down. | am afraid
l shall be somewhat tedious, because propose
at the risk of some repetition OF what | have
before said, to note all the leading facts and
circumstances connected with this subject to
be found in the brief and disOrdcrly annals of
Kansas When the Kansas-Neb raSka bill was
first brought forward in the Senate, in Janua-
ry, 1854, there were probably not over hun
dred white inhabitants in the Territory, eX-
Guiding some few United States troops. As
soon as the bill passed, the whole Territory
except the Indian reservations, was thrown
open to free competition between the North
and the South, between anti-slavery men and
pro-slavery men, to settle, 10y superiority of
numbers, whether Kansas should he a free. or
slave Territory; for, at that time, the popular
understanding and Interpretation of the Kan
sas-Nebraska act was, that the people Of the
Territory were authorized to settle that ques-
ton by an act of the Territorial Legislature
and before they should come to form a State
constitution. To be sure there was a clause
in the organic law that this power was To be
exercised, subject to the Constitution of the
United States; but the Constitution had been
in existence more than half a century and
there had been no judicial Interpretation OF
the Constitution which could lead the people
TO suppose that they were notfully authorized
TO decide the question of slavery by a terrific
rial enactment \ considerable portion of
the people of the North aud East, in resent
ment of the repeal of the Missouri compro-
mise, and resolving that the South should not
derive any benefit from what they considered
the wrong inflicted upon them by that meas
ure in the establishment of a new slave State.
resorted to the organization of an emigrant aid
society. by which they were enabled to furnish
large facilities in money, aud in other modes
10 quicken emigration, with a view TO provide.
a sufficient number of settlers to control the
election of members 10 the first Legislature
which it was supposed would decide the ques-
ton of slavery in the Territory.
The people in the western counties of Mis-
souri,, living in slaveholding communities. and
feelings deep concern that Kansas should not
become free Territory or free State, formed as
sociatiOns on theirpart. aud adopted such other
measures as they thought necessary to secure
the ascendency Of the pro-slavery settlers in
the election of members to the Legislature.
When the day Of election came, on the 3Oth
day of March, 1855. many armed companies
of Mssourians appeared at the polls in most
of the election districts and precincts; aud
where they found the judges Of election OPP
posed to their views, by threats OF violence
drove them away, aud substituted others in
their Mace: where they found the iudges