Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-12-16

Ii is to be lamented that question 30 lnslg-
nliicant when viewed in its practical effects on
the people of Kansas, whether decided ont way
Or the other, should have kindled such flame
of excitement throughout the country. This
reflection may prove to be a lesson Of wisdom
and Of warning for our future guidance. Prac-
tcally 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 to themselves
OF accomplish the very same object by remaining
out of the Union and framing another constltu-
tion in accordance with their will In either
case the result would be precisely the same. The
only difference in point of fact is, that the OBJ
ject would have been much sooner attained, and
the paciication of Kansas more speedily effected
had 1t been adinitted as a State during the last
session of Congress.
My recommendation, however, for the imme-
date admission of Kansas failed to meet the
appreciation of Congress They deemed it wiser
to adopt a different measure for the settlement
of the question. For my own part | should
have been willing to yield my consent to almost
any constitutional measure to accomplish this
object. l., therefore, cordially acquesced in
what has been called the English Compromise,
and approved the " Act for the admission of
Kansas into the Union" upon the terms there
in prescribed.
Under the ordinance which accompanied the
Lccompton constitution, the people of Kansas
had claimed double the quantity of public lands
Tor the support of common schools, which had
ever been previously granted to any State upon
entering the Union and also the alternate sec
tions Of land for twelve miles on each side of
two railroads, proposed to be constructed from
the northern to the southern boundary. and
from the eastern to the western boundary of the
State. Congress, deeming these claims un-
reasonable provided, by the act of May 4, 1858,
to which have just referred, for the admission
of the State on an equal footing with the origi-
nal States, but upon the fundamental condi-
ton precedent that majority of the people
thereof, at an election to be held for that pur-
pose, should, in place of the very large grants
of public lands which they had demanded under
the ordinance, accept such grants as had been
made to Minnesota and other new States. I'm
der this act, should ma jority reject the propo
sition offered them, g it shall be deemed and
held that the people Of Kansas do not desire ad
mission into the Union with said constitution
under the conditions set forth in said PROPOSE
ton" In that event the act authorises the
people of the Territory to elect delegates to
form a constitution and State government for
themselves, "whcnever, and not before, it is as
certained by a census, duly and legally taken,
that the population of said Territory equals or
exceeds the ratio Of representation required for
member of the House of Representatives of
the Congress of the United States" The dele
gates thus assembled .'shall first determine by q
vote whether it is the wish of the people of the
proposed State to be admitted into the Union at
that time, and, if SO, shall proceed to form a
constitution md take al necessary steps for
the establishment of a State government in con-
formty with the federal constitution" After
this constitution shall have been formed, Con-
3 grcss, carrying out the principles of popular
sovereignty and noninteryention, have left 'the
mode and manner of it's approval or ratification
f by the people of the proposed State,'' to be
!, prescribed by the law and they "shall then
be admitted into the Union as State under
f such constitution thus fairly and legally made,
with or without slavery, as said constitution
may prescribe.
An election was held throughout Kansas in
pursuance of the provisions Of this act, on the
second day of August last, and it resulted in
the rejection, by large majority, of the propo-
sltion submitted to the people by Congress-
q This being the case, they are now authorized to
| form another constitution, preparatory to ad-
mission into the Union, but not until their
number, as ascertaincd by sensus, shall equal
$ OF exceed the ratio required to elect u member
p to the House of Representatives.
+ 1t is not probable, in the present state of the
case, that third constitution can be lawfully
y framed and presented to Congress by Kansas, be.
fore its population shall have reached the de-
i signated number. Nor is it to be presumed that
after experience in resisting the territorial laws
/ they will attempt to adopt a constitution in ex
r press violation of the provisions of an act o
+ Congress. During the session of 1856, much
of the time of Congress was occupied on
n the question Of admitting Kansas under the
q Topeka constitution. Again, nearly the whole
A Of the last session was devoted to the question
l. of its admission under the Lecompten constitu-
!. ton Surely it IS not unreasonable to require
: the people Of Kansas to wait before making 9
"a third attempt, until the number of their inhab
n itants shall amount to ninety-three Thousand
a four hundred and twenty. During this brie
period the harmony of the States, as well as thu
, great business interests of the country, demand
a that the people OF the Union shall not for
- third time be convulsed by another agitation OF
N the Kansas question By waiting for shor
q time, and acting in obedience to law, Kansa
y will glide into the Union without the slightes
e impediment.
y This excellent provision, which Congress hav
applied to Kansas, ought to be extended ant
n rendered applicable to all Territories which ma,
Il hereafter seek admission into the Union.
le Whilst Congress possesses the undoubted pow
d er of admitting new State into the Union
l. however small may be the number of its in
L,Lst -,
Y opinion, to be exercised before the population
d shall amount to the ratio required by the ac
IN for the admission of Kansas Had this beel
~ previously tho rule, the country would have es
Of capped all the evils and misfortunes to which
r. has been exposed by the Kansas question.
y Of course, it would be unjust to give this rul
T. a retrospective application, and exclude Stat
OF which, acting upon the past practice of tn
4 government has already formed its Constitution
/ elected its Legislature and other officers, and
now prepared to enter the Union,
d The rule ought to bo adopted, whether w
t, consider its bearing on the people of the Terri
tories or upon the people of the existing States
l. Many of the serious dissensons which have pre-
g vailed in Congress and throughout the country
4 would have been avoided, had this rule been es
n tablished at an earlier period of the govern
l. ment
10 Immediately upon the formation of noy
'e territory, people from different States and fron
T. foreign countries rush into it, for the laudabl
n purpose of improving their condition. Thei
le first duty to themselves is to open and cultiyat
m farms, to construct roads, to establish schools
II to erect places of religious worship, and to de
ot vote their energies generally to reclaim tn
'e wilderness and to lay the foundation of -four
r ishing and prosperous commonwealth. If, ii
% this incipient condition, with population of
1T few thousand, they should permaturely ente
es the Union, they are oppressed by the burden o
a State taxation, and the means necessary for tn
ct improvement of the Territory and the advance
ID ment of their own interests, are thus diverte,
II to very different purposes.