The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-12-16

settled, according to the legally expressed
will Of majority OF the voters, and popular
sovereignty would thus have been vindlcatd
10 constitu' ional manner.
With my deep convictions Of duty could
have pursued no other course. IL true
that AZ an individual, have expressed an
opinion, both before and during the session
d the convention. in favor OF submitting
the remaining clauSs Of the constitution, IA
well as that concerning slavery. to the peo-
pie. Bat, acting 10 an Official character,
neither myself. nor any human authority had
the power TO PREJUDICE the proceedings Of tho
Convention. and declare the Constitution
which il had framed 10 DO q nullity. To
have done this would have been violation
| OF the X ansas Nebraska act, which left the
people Of the Territory perfectly free to
| form and regulate their domestic Institutions
ia their own way subject only to the Consti.
tuition Of the United States" 1t would
equally have violated the great principle Of
popular sovereignty, at the foundot on Of our
Institutions, to deprive the people Of the
power, If they thought proper to exercise
il. Of cOnGding to delegates elected by them
selves the trust Of framing u constitution,
without requiring them TO subject their con-
stituents to the trouble, expense, and delay
Of q second election. II would have been in
opposition to many precedcnts in our history,
commencing in the very best age OF the re-
public, OF tho admission 81 territories al
States into the Union, without a previous
vote OF the people approving the constitu-
ton
II is to he lamenied that u question 10 in
significant when viewed in It's practical ef-
fects on the people Of Kansas, whether de-
cided one way or the other, should have
kindIed such fame Of excitement through.
out the country. This reflection may prove
to be lesson Of wisdom and n warning for
our future guidance. Practically consider
el the question is simply whether the people
| OF that Territory should FIRST come into the
| Union and then change any provision OF
their Constitution not agreeable TO them
selves. or accomplish the very same object
by remaining out Of the Union and framing
another Constitution 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 object would
have been much sooner attained. and the
pacliica,ion Of Kansas more speedily affect
ed, had il been admitted as State during
the last session Of Congress.
My recommendation. however. for the i'm
mediate admission Of Kansas, failed to meet
the appreciation OF Congress. They deemed
it wiser to adopt different measure for the
settlement of the question. For my owl
part, | should have been willing to yield
my assent to almost any constitutional
measure to accomplish this object there
fore cordially acquiesced in what has been
called the English Compromise, and approx
ell the &" Act for the admission Of the Stat,
Of Kansas into the Union" upon the terms
therein prescribed.
Under the ordinance which accompanied
the Lecompton Constitution, the people o
Kansas had claimed double the quantity o
public lands tor the support of common
schools, which had ever been previously
granted to my State upon entering tn
Union. and also the alternate sections o
land for twelve miles on each side Of tn
two railroads, proposed TO be CONSTRUCT,
from the northern To the southern bounda
~, and from the eastern to tho western
boundary of the State. Congress, decmipl
these claims unreasonable, provided. by TIN
act OF May, 1, 1858. TO which have jus
referred, for the admission Of tho State OF
an equal footing with the original States
but upon the fundamental condition pre-
cedent that majority Of the peopl
thereof, al an election to be held for thu
purpose, should. in place OF the very lnrg'
grants Of public ands which they has
demanded under the ordinance. accep
such grants AZ had been made to Min
nosota and other new States.
Under this mel. should mn ority reject tb
proposition offered them, "it shall be deemed
and held that the people OF Kansas do no
desire admission into the Union with said
constitution under the conditions sot iortl
in said proposition" In that event the &C
authorizes the people OF the Territory T.
elect delegates to form . constitution am
State government for themselves. "whenev
or, and not before, il is asccrtained by |
census, duly and legally taken. that the pop
ulation Of said Territory equals or exceed
the ratio Of representation required for
member Of the Housc of Representatives q
the Congress Of the United States" Tn
delegates thus assembled shall first deter
mine by vote whether it is the wish Of tn
people Of the proposed State to be ADM,
ted iu,o the Union at that time, and, II 80
shall proceed 10 TORN q constitution, al,
take all neccssary steps for the establish
ment Of a State government in conlormit,
with the federal constitution. After thi
constitution shall have been formed Con
grcSs. carrying out the principles Of popua
sovereignty and non. intervention, have lei
the mode and manner OF its approval or rat
ication by the people of,he proposed State
to b. "prcscribcd by law and they ''shal
then be admitted into the Union Us Stat
under such constitution thus fairly and IL
gally made, with or without slavery, as sai'
constitution ,nay prescribe"
An election was held throughout Kansas
in pursuance OF the provisions OF this act, oI
the second day Of August last, and IT insult
1 Al 49,. q. L. .,,tgrtfx.