The Kansas herald of freedom., 1858-12-18

the constitution, either on the slavery or
any other question, and have adopted all
necessary means for giving speedy effect |
to the will of the majority. Thus the
question would have been immediately
and finally settled.
Under these circumstances, submitted |
to Congress the Constitution thus framed. |
with all the officers already elected neces-
sary to put the State government into OPP
GRAFTON, accompanied by strong recon-
mendation in favor of the admission of
Kansas as a State. In the course Of my
long public life l have never performed
any official act, which, in the retrospect,
has afforded me more heartfelt satisfaction
Its admission could have inflicted no pos
sible injury on any human being, while it
would, within brief period, have restored
peace to Kansas and harmony to the
Union. In that event the slavery ques-
ton would, ere this, have been finally set
tied, according TO the legally expressed
will of majority of the voters, and pop
ular sovereignty would thus have been
indicated in a constitutional manner.
With my deep conviction of duty, I
could have pursued no other course. 1t
is true that, as an individual, / had ex-
pressed an opinion, both before and during
the session of the convention, in favor of
submitting the remaining clauses of the
constitution, as we'll as that concerning
slavery, to the people. But, acting in an
official character, neither myself nor any
human authority had the power to rejudge
the preceedingsof the convention, and de-
clare the constitution which it had framed
a nullity. To have done this would have
been violation of the Kansas and Ne
braska Act, which left the people of the
Territory perfectly free to form and regu-
late their domestic institutions in their
own way, subject only to the Constitution
of the United States.
1t would equally have violated the
great principle of popular sovereignty, at
the foundation of our institutions, to de-
prive the people of the power, if they
thought proper to exercise it, of confding
to delegates elected by themselves the
trust of framing constitution, without
requiring them to subject their constitu-
ents to the trouble, expense and delay of
second election. 1t would have been
in opposition to many precedents in our
history, commencing in the very best age
of the republic, of the admission of Ter
ritories as States into the Union, without
a previous vote of the people approving
their constitutions.
1t is to be lamented that a question so
insignificant, when viewed in its practical
effects on the people of Kansas, whether
decided one way or the other, should have
kindled such a fame of excitement
throughout the country. This reflection
may prove to be a lesson of wisdom and
of warning for our future guidance.
Practically considered, the question is
simply whether the people of that Terri
tory should first come into the Union, and
then change any provision in their consti-
tuition not agreeable to themselves, or ac-
complish the very same object by remain
ing out of the Union, and framing anoth-
er 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
pacifcation of Kansas more speedily eff.
fected, had it been admitted as State
during the last session of Congress.
My recommendation, however, for the
| immediate admission of Kansas, failed to
meet the appreciation of Congress. They
deemed it wiser to adopt different meas.
ure for the settlement of the question
, For my own part, / should have beer
willing to yield my assent to almost any
constitutional measure to accomplish thii
object. l, therefore, cordially acquiesceC
in what has been called the English Com
, promise, and approved the act for tn
/ admission of Kansas into the Union
/, upon the terms herein prescribed.
Under the ordinance which accompan
' led the Lecompton Constitution, the PEG
+ pie of Kansas had claimed double guam
g tity of public lands, for the support G
It common schools, which had ever bee
: previously granted to any State upon en-
IS tering the Union; and also the alternat
|. sections of land for twelve miles on eac
Il side of two railroads, proposed to be cor
s structed from the northern to the souther
j. boundary, and from the eastern to tn
= western boundary of the State. Congress
il deeming these claims unreasonable, pre-
70 vided, by the act of May 4, 1858, to whic
l. | have just referred, for the admission {
J. the States, but upon the fundament;
s. condition that majority of the peopl
Y thereof, at an election to be held for ths
., purpose, should, in place of the yer
l. large grants Of public lands, which the
/ had demanded under the ordinance, AZ
.e cept such grants as had been made I
Missouri and other new States.
IF Under this act, should a majority reje
IN the proposition offered them, " it shall |
ii deemed and held that the people of Kal
t, sas do not desire admission into the Unic
Is with said constitution under the cond
le tons set forth in said proposition. ]
rs that event, the act authorizes the poop
At of the Territory to elect delegates to for
a constitution and State government f
Is themselves, whenever, and not before,
N is ascertained by census, duly and legal
le taken, that the population of said TER
> tory equals or exceeds the ratio Of rel
resentation required for member of Ii
r House of Representatives of the Congre
3 of the United States" The delegat'
sr thus assembled shall first determine by
d vote whether it is the wish OF the poop
70 of the proposed State to be admitted int
he the Union at that time, and, if so, sha
proceed 10 form a Constitution, and tai
O. all necessary steps for the establishme
lie of State government in conformity vii
70 the Federal Constitution. After this Coz
i stitution shall have been formed, Congre:
lie carrying out the principles of popular SOW
lie reignty and non-intervention, have lie
at the mode and manner of its approval