The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-05-06

Congress Upon this point have the authority Of NJ
Calhoun who said in the case OF Michigan 1850
,y onlon was and H. the Of the people
Michigan forming themselves state Constitution, without
waipng the seni q oasre was a. threw sn
liberty tho proceengsa revolutionary and TO
her % her eoaao ~ ase ns asgs aaa - ~
concerned - Il.
There is no mode by which State government can be
ghtully instituted in Territory except by the pre-
oeient assent Of Congress or subsequent waiver OF OBJ
lection - i1<Fa s3li 85l.
AS to the power of Congress to admit States, the
constitution says Congress may admit new States
This implies discretion not arbitrary, but sound
discretion. There five distinct grounds, as con-
ceive upon which Congress may decline to admit
States
L. That the constitution is anti-rcpubcan, at
with the federal constitution.
g. That the boundaries ore not satisfactory. tl
5. That the right of the general government TO the
public lands II disregarded. u eili tass ieilsaasf
f. That the population Ia not sufficient gltiit
s. That the people Of the Territory unit for self
government. fft4if . feF
In reference 10 the first ground Of rejection suppose
State should insert clause In her constitution establish
ing titles of nobility, prohibiting the rendition OF fu
gitive slaves surely Congress might decline TO admit
her. Again suppose State should extend her bound
aries all the Tertoses, OF an undue portion OF
them could not Congress reject her application Or sup
pose State coniscates all the public lands within her
boundaries shall she be admitted Surely not because
the public lands belong to the States for their common
benefit and Congress- the trustee for the States OF
these lands could not without gross dcreliction OF
duty abandon them to the exorbitant demand Of
scrupuous State Suppose five hundred apply for
admission as . State shall they be admitted Certainly
not. Then population IL OF the just grounds OF
lection Suppose the people of Utah apply for aimis
sion is Congress obliged to receive them think not;
and say this not from their peculiar ith but from their
government being a spiritual dcspotsm, which think
units them for the proper administration OF the repnb
lcan form of government.
So much on the principles of constitutional law appli
lln 49,
make practical application Of these principles to the
of Kansas is
L. Kansas is not State out of the Union but Terri
tory, applying for admission State, which may be
admitted by the waiver the part Of Congress OF all
Irregularities which may be treated Territory by
Congress. gsf ~ 1868 1 AeAEgA
g. The population of Kansas being grossly Inadequate
in reference to the standard Of representation not icing
over thirty five thousand, when it should bc ninety
three Thousand four hundred and twenty Kansas cannot
claim admission right, though Congress might waive
the objection.
81 The Lecompton convention, in violation Of every
consideration of right and usage laid claim, by the ord
attached to their constitution, to S29, 900 900
worth of the public land in Kansas when according to
the liberal grants heretofore made by Congress to the
States, they only entitled to Sl. 900 900 worth
II this claim had been made by freesoi convention in
Kansas, every fair mind ut the South would have
VOTED at 1t stupendous enormity Does the fact
that the convention making it called itself slavery,
and presided by Calhoun instead of by Lane
domain in the Territories il to be surrendered, should
instead of surrenderng it to the just demands of
inchoate State infinitely prefer to give it to the surv
of the brave who in the Of the republic
have defended her rights upon the field OF battle This
action OF the ecompton convention has always been ut
tery repugnan to my sense OF what was cxpedicnt and
Just. }f ss5 .ssfar5sg u sy,..-aa
Holding these views felt no diculty in acceding to
the bill recommended by the committee of conference
willing to waive all ireg uarities aud admit Kan
sas into the Union the condition precedent that the
people OF Kansas agree to the customary and reasonable
propositions submitted to them by Congress regard to
the public lands. If Kansas were State outside of the
Unon would not consider 1t consistent with the prn-
cples of State rights for Congress thus to appeal
vote OF the people We could then only refer this ques
ton to convention but Kansas still being Territory
might refer this question to the people. al ss
This is not the first time that Congress has prescribed
conditions upon the admission OF States. II has
been done repeatedly Iowa admitted into the Union
the express condition that she should not interfere
with the primary disposal of the public lands, levy
any tax them whilst remaining the property OF the Uni
ted States In the Of Iowa the propositions of Con-
gress in reference to the public lands required
be asented to by the people, in their township elections,
10y the legislature in virtue OF the power conferred
by the constitutional convention In the of Mich
igan, the assent OF Congress given the condi.
ton precedent that she should by convention, agree
to certain boundaries. In the case of California,
her admission coupled with the express condi-
ton that the people of said State, through their
legislature otherwise, should interfere with the
primary disposal of the public lands and should do no
aet whereby the title of the United States to- and right
to dispose Of the should be impaired questioned
1t Is worthy Of remark in this connexon that since the
State of California has been admitted the supreme
of that State, in the of Hicks Bell Is California
Reports, 2l9, 227 have decided that the mines of gold
and silver the public lands much the property
of the State of California by virtue Of her sovereignty
similar mines the lands of private citizens The
court in this says: tts ie3 es,tl
ownership the public lands the United
States only occupied the position Of private proprietor with the