New-York daily tribune., 1858-02-20
The GREAT QUESTION In KANSAS
The Presidents Message.
REPORT OF SENATOR DOUGLAS FROM The
-. COMMITTEE ON TERRITORIES

-s..fa~-
A.xe arrived for the reason that there II no saei'"
SYv evidence that the Constitution formed az Leco"P'
Nrm ,s the ACT and deed Of the people OF kansas .,
Nat Il embodies their wDn In the soeence "
,es,u.,;vs evidence that the Lecompton Constitution
-. "rns., the sense Of the people TO be aheced oy
NJ and In opposition TO the overwhelming h,"Jo,"y
recorded ngsinst il at fair and vahd eiecuon neu ~
,u,.n.noe Of law on the 4th day OF January io'o
-...J that the Lecompton Convention wac duly
consftuted with full authority 70 ordain Constitution
.na e.t,bish government and consequently the pro-
..~d;nos of that Convention must be presumed to en-
hSy the popular will, although such presumption may
be rebutted and overthrown by the most conclusive
evidence to the contrary.
Inssmuch, then, as the right Of Congress to accept
shs Leoonpton Constitution and impose ii op1n The
people Of Kahsas IN opposition to their known wishes
and recorded votes rests solely upon the assumption
hat the proceedings technicsiy legal an regular
and that the regularity Of the proceedings must ~
made 10 override the popular viii, becomes important
20 INQUIRE whether the Convention was duly constr
ued and clothed with full PS%eI 10 Ofdsh The ssca
s;on of the organic act and Territorial Government
tstabbshed by Congress,
n IL conceded that on the 10Th day Of February,
1857, the Territorial Legislature passed iaw'pro-
yidipp for the election Of delegates 10 Convention TO
form Constitution and State Government, and that
fhe Convention, when assembled in pursuance OF said
act was vested with all the powers which 1t was com;
petent for the Territorial Legislature TO confer and
which by the terms Of the act was conferred on the
Convention, and no more Did that Territorial act
have the legal effect to authorize the Convention 10
abrogate or suspend the TeritOrls Government estab
iished by Congress and substitute State Government
10 IFS place -,..-, ~,
This Committee in their reports, have always held
that Territory is not a sovereign power; tna. me
sovereignty of Territory s in abeyance suspended
In the United States in trust for the people when they
become State; that the United States as the trus-
tee cannot be Invested of the sovereignty nor the Ter
rtory be invested with the right TO assume ana exer
else Il without the consent Of Congress. By the Nan
sss-Nebraska act the people Of the Territory were
vested with ell the rights and privileges of seg?y
ernmept on all righfu subjects of legislation consist
nf with and in obedience TO the organic act; but they
were net authorized, at their own will and pleasure
to resolve themselves into sovereign power, and 10
abrogate and annul the organic act and Territorial
Government established by Congress, and to ordain
Constitution and State Government upon their ruins
without the consent Of Congress.
II would seem from his Special Message that the
President is under the impression that the Kansas
Nebraska ast from the date of It's passage on the 3Oth
of May, 1854 when there not i've hundred white
Inhabitants in the country authorized the people
of those Territories respectively or ANY portion OF
the same" at their own sovereign will and pleasure,
"to proceed and form q Constitution in their own
"wey, without express authority from Congress,
and to suspend the authority of the Territorial Legis
lature at least to the extent of depriving il of the
power TO submit Constitution TO the people for rati-
6cstion rejection before 1t should be deemed the
act and deed of the people of Kansas With the most
profound respect for the opinions of the President
must be pardoned for expressing my firm convictions
that neither the provisions of that act nor the history
Of the measure the understanding of its authors
and supporters at the time of its enactment or at any
period snee ustes or permits the construction which
the President has placed upon II. 1t is certain that
President Pierce who signed and approved the Kan
sas-Nebraska act, and whose Administrator a
unit support of the measure at the time OF Its en-
sctrnent did not understand that 1t authorized the
people Of each or either of those Territories to pro-
"ceed and form Constitution in their own way. with
s'out an express authority from Congress, Hon tuo
fact that on the - day OF =, lSoo ne sent IN 9Pe
ris Message TO Congress in which he recommended an
Enabling act for Kansas the appropriate egislatv
remedy for the evils complained of in that Territory
His recommendation is in these words;
Th il seem. to me- best accomplished by providing
aAs when inhabitants Of Kansas desire y and shall be o
Sniy slectsd BY the qualified voters shall assemble to frame
+. .sS.SS s1a In tnS' Ss Tnion STATE Sees
commend the sndstment q "a" 20 tnat Tee @ axTs
which may become Ieque In S the ssTS@VH TIE
maintenance Of public order N 'he IeInois O' nan'a
The Message of President Pierce containing this re-
ndation was referred to the Committee on Ter
ritores by the Senate, and after full examination ana
mature deberstion thisICommittee, on the i2th day
March 1885, made elaborate report In explanation
and vndication of the principles, provisions and pocy
Of Nebraska act and arrived at the con.
elusion that the recommendation OF the PRESIDENT
furnished the appropriate and legitimate mode OF con
ductipg the principles, provisions and policy of the
act TO q successful and final consumnation, oy the
passage of act Of Congress authorizing the people
OI
tion and State Governms Mt, when the inhabitants
80 of Kansas may desire Il, and shall be OF sufficient
"numbers to constitute State.' ,
The Committee in their report responded 10 tue
Presidents Recommendation in the following language:
compliance with the first recommendation your Commit
M s.s' ~ pSo1as 70 5'Sis Sy .S s o
people the assembling Of convention 70 form Gonsita
sss 6D s on an equal tootn with the orsna
appear BE- taken the direction OF the
son,.ns thousand four hundred and twenty nha
ssntbs being the number required BY the present ratio oil
Representation . member Of Congresa"s-r
Thus il appears that the Committee who wrote and
approved the Ksnsas-Nebraska BILL and the Presi-
dent who approved and impaired vitality tot by his
signature, did not mean by that act to authorize or
recognize the right of the people Of Territory with
q few hundred few thousand population,
whenever they pleased TO form Constitution and
State Government, T" without an express authority
from Congress-" but the contrary, 1t clearly ap-
pears that the authors of the act understood and
Intended il 10 be construed and executed meaning,
that while the people of those Territories remained
In territorial condition they should exercise aud en-
Joy all the rights and privileges of self government
in conformity with the organic act, and that when
they should have the requisite number to constitute
a State" and should desire it, Congress would give
its assent IN subsequent act to authorize then TO
form Q Constitution and State Government, and to
come into the Union on equal footing with
the original States, in all respects whatever.
President Pierce did not specify the number which he
deemed necessary to constitute State, nor did the
referred to by the President in his annual Message,
desgnse the precise number which enttle the people
o. all me Territories including Kansas and Nebraska,
70 form Constitution with or withou. Slavery,
and be admitted into the Union upon terms of perfec
equality with the other States;6 but it is evident
nom the language employed that they did not under
tane sne rght OF admission TO have accrued from the
cate OF the organization Of each Territory nor when
there should be few hundred OF a fs thousand in
habtants, nor at whatever time the peon a of the
Territory should feel disposed to claim the privilege