Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1858-03-19
CnnGrrssional.
THE KANSAS INVESTIGATING COM.
MITTEE--VIEWS OF THE MAJORITY

v.
not having obtained consent to present it in
the House, commences by saying that the
subject matter to which attention should be
directed was:
First-The law for taking the census Of the
people.
Socond-Tho law calling the Convention.
Third-Tho registry of the voters, and the
apportionment under it.
Fourth-'lho assembling of the convon-
ton, and its journal.
Fifth--The constitution made.
Sxth-The official vote on the ratification
Of the subject submitted.
Seventh-Tho committed filed, not dceminp
it material the act of December last, provd-
ing for vote for or against the slavery clause
on the 4th Of January
Eighth-The official announcement Of that
vote, and
Ninth Tho written Statement of Gen.
Calhoun in relation to the registry Of votes,
ETC., but which sheds no light on the sub
ject)
The report says that these facts show great
regularity and stict conformity to law, and
that no State heretofore applying for odmis-
sion has shown cleaner record
No objection TO the admission Of Kansas
arises on the usual inquiries; Firstly, as TO
the application; secondly, as to the regulari-
ty Of the proceedings; and thirdly, whether
the constitution is republican in form.
The report then answers the objections,
going very fully into a reply to Governor
Walkers argument. founded on his assump-
ton that the validity Of every state Consti-
tuition depends upon its having received the
sanction Of the popular vote. This assump-
ton is denied, as not being sustained by prin-
ciple or authority Sovereignty Governor
Walker says, is inalienable. and rests exclu-
siyely in the people. This is granted; but
the report says it does not follow that sovcr-
eign power cannot be delegated. The forma-
ton of a constitution requires the exercise Of
sovereign power but so does the commonest
act Of legislation. Il the one can be dele
gated so can the other. All the constitutions
of the old States were made 10y Conventions
without ratification, except that Of Massachu-
sets. The Constitution of the United States
was ratified by the State Conventions. and
never by the popular vote. The amendments
to it arc to be concurred in by the State Leg
islaturcs and not by the popular vote, to give
them validity. If Governor Walkers doc
trne is correct, we should be without State
Constitutions or laws In half the States of the
Union The objection that on enabling act
is necessary is also answered and shown TO
be untcnahlo, both in principle and authority.
The question relative 20 the registry and APP
porhonmeut is very fully treated. The charge
that nineteen counties were DISTINGUISHED is
completely answered Thcre are but thirty
four organized counties i'm Kansas. Twenty
one of them were represented. Nine of the
unropresentod counties have very little popu-
lation. In seven of them not vote was cast
at the January election against the constitu-
ton. In two others of the nine less than one
hundred votes were thrown and in the four
remaining, namely. Franklin Anderson. COT
fee and Brcckinridgc, there were but eleven
and thirty-hve. In these four counties the
officers were prevented from making regis
try.
The report also shows from the registry
and npportionmcnt, together with the official
returns, that at the fourth of January cleo
ton. the five counties Of Lcavcnworth, Atch-
ison Douglas, Dauphin and jefferson. cast
five thousand one hundred and eighteen votes.
which ia a majority of the whole vote cast
throughout the Territory against tho consti-
tuition. rnd yet all these counties were regis
tered and represented in the convention. hav-
ing 3G of the 90 delegates Of WEIGH the con-
yention was composed. If it be true that the
opponents of the constitution were so largely
IN the majority in those counties. and so yio-
lent is their opposition, why did they not
elect men 10 form a constitution moro TO their
liking' They had within four votes of two
thirds of the convention. Why then did
they fail to act at the proper time. Their
refusal, therefore, did not invalidate the Just,
fair and legal action of the convention
Tho resolution under which the committee
were appointed directed them to inquire
whether the Lecompton constitution is accept
able and satisfactory to the people. The re-
ply to this is, that the only correct tcst is the
ballot box, and such an expression Of the
popular will as is there given. at the proper
time and place according 70 law BY this test
the constitution was adopted by an over
wheming majority of those who joined in
the election.
These only can be considered as the bona
fde citizens Of Kansas. Others, who alb
stained are bona fde residents who went to
Kansas for mischief and strife. They arc
outlaws, and are not to be
considered as constituent elements of the
community or society, against which they are
in open rebellion. But on the 4th of Janua-
ry, at the election for State officers under the
constitution, more thah 10000 voters in Kan
sas did 60 to the polls, and thus showed con-
clusively that at least four-ffths of the voters
of that Territory were willing to vote for the
election Of State officers under the constitu-
ton. This shows that the constitution was
not only acceptable, but that it has been ac-
cepted by at least four-ffths of the voters of
that Territory, though not entirely satisfacto-
ry to all of them.
The committee declined to 90 into an in
vcstigation of the allodged frauds at the jan
uary election for State officers, for the 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 mat
tors are to be inquired into by other legiti-
mate tribunals. II the scat of the member
OF Congress, elected TO this House. be con-
tested ON the ground of alleged frauds. the
House would have jurisdiction over that mat
ter; but not as to frauds in the election of
Governor or members Of the Legislature of
Kansas
The report concludes with recommended
ton for the admission Of the State of Kansas,
in pursuance Of tho views of the President
believing that the welfare and prosperity of
the people of Kansas as well ne tla ,,ororoI