The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-12-09
THE NATIONAL ERA WASHINGTON D. G., DECEMBER 1853,

Under the ordinance which accompanied the
Lecompton Constitution, the people of Kansas
had claimed double the quantity Of public lands,
for 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
/ etate. Congress, deeming these claims un-
reasonable, provided, by the act of May 4, 1853,
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 a majority reject the prop
Osition offered them, I" it shall be deemed and
held that the people of Kansas do not desire
admission into the Union with said Constitu
ton, under the conditions set forth in said
proposition" In that event, the act authorizes
the people of the Territory to elect delegates to
form Constitution and State Government for
themselves, whenever, and not before, it is
aScertained by census, duly and legally taken,
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
a 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 q Constitution, and take all necessary
steps for the establishment of State Govern
ment, in conformity with the Federal Constiru
ton" After this Constitution shall have been
formed, Congress, carrying out the principles
Of popular sovereignty and non-interventiOn,
have left "the mode and manner of its APP
proval or ratification by the people of the pro
posed State to be prescribed by law" and
they shall then be admitted into the Union as
a State under 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
sitiOn submitted to the people by Congress
This being the case, they are now authorized
to form another Constitution, preparatory to
admission into the Union but not until their
number, as ascertained by a census, shall equal
or exceed the ratio required to elect a member
to the House of Representatives.
1t is not probable, in the present state of the
case, that third constitution can be lawfully
framed and presented to Congress, by Kansas, be
fore its population shall have reached the desig
mated number. Nor is.it to be presumed that,
after their sad experience in resisting the Terrific
rial laws, they will attempt to adopt a Constitu-
ton in express violation of the provisions of an
act of Congress. During the session of 1856
much of the time of Congress was occupied on
the question of admitting Kansas under the To-
peka Constitution. Again, nearly the whole of
the last session was devoted to the question of
its admission under the Lecompton Constitu-
ton. Surely it is not unreasonable to require
the people of Kansas to wait, before making a
third attempt, until the number of their inhab-
itants shall amount to ninety three thousand
four hundred and twenty. During this brief
period, the harmony of the States, as well as
the great business interests of the country, de-
mand that the people Of the Union shall not for
a third time be cOnvulsed by another agitation
on the Kansas question. BY waiting for a
short time, and acting in obedience to law, Kan
sas will glide into the Union without the slight
est impediment.
This excellent provision, which Congress has
applied to Kansas, ought to be extended, and
rendered applicable to all Territories which
may hereafter seek admission into the Union.
Whilst Congress possesses the undOubted
however small may be the number of its nhab-
tants, 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 previous
ly 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 to give this rule
retrospective application, and exclude State
which, acting upon the past practice ofthe Gov
eminent, has already formed its Constitutions
elected its Legislature and other officers, and is
| now prepared to 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 pre-
vailed in Congress and throughout the country
would have been avoided, had this rule been es-
tablished 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 it, for the laudable
purpose Of improving their condition. Their
first duty to themselves is to open and cultivate
| farms, to construct roads, to establish Schools
to erect places of religious worship and to de-
vote their energies generally to reclaim the will
derness, and to lay the foundations of flourish
ing and prosperous Commonwealth. If, in this
incipient condition, with population of few
thousand, they should prematurely enter the
| Union, they are oppressed by the burden of
! State taxation, and the means necessary for the
improvement of the Territory and the advance
ment of their own interests are thus diverted to
very different purposes.
| The Federal Government has ever been
| liberal parent to the Territories, and generous
contributor to the useful enterprises of the early
| settlers. 1t has paid the expenses of their Gov
ernments and Legislative Assemblies out of the
common Treasury, and thus relieved them from
a heavy charge. Under these circumstances,
nothing can be better calculated to retard their
material progress than to divert them from their
useful empoyments, by prematurey exciting
angry political contests among themselves, for
the benefit of aspiring leaders. 1t is surely no
hardship for embryo Governors, Senators, and
members of Congress, to wait until the number
of inhabitants shall equal those of a single Con.
gressional district. They surely ought not to
be permitted to rush into the Union with a
population less than one-half of several of the
| large counties in the interior Of some of the
States This was the condition of Kansas
when it made application to be admitted under
the Topeka Constitution. Besides, it requires
some time to render the mass of population
| collected in new Territory at all homogeneous,
and to unite them on anything like fixed
policy. Establish the rule, and all will look
forward to it, and govern themselves accordingly.
| But justice to the people of the several States
requires that this rule should be established by
| Congress. Each State is entitled to two Sena-
tors and at least one Representative in Con
gress. Should the people of the States fail to
elect Vice President, the power devolVes upon
the Senate to select this officer from the two
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