Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-03-16
REPORT OF THE KANSAS INVESTIGATING
COMMITTEE.

COMMITTEE.
The washington Union, Of the 11th, publishes
~. r.nort Of the Hon. A. q. STEPHENS, of Georgia,
go, The Select Committee Of fifteen the Kansas
Question. The report occupies i've columns Of the
49,, and We must therefore be content to present
oBr readers with sn abstract Of il.
The report sets out by saying that the subject
matter 70 which attention should be directed was
Firyt-The law for taking the census Of the PeO-
r1e seeopd-The Law calling the convention
Tbird-The registry Of the voters and the appor-
,;onr,ent under It. Fourth-The assembling Of the
convention and its journal Fifth-The constitution
80 made sizth-The official vote on the radfCa-
tiop Of the subject submitted seventh--The COM
mittee fled, not deeming it material, the act Of
December last, providing for vote for or against
the slavery clause on 4th January. Eighth-The
official announcement Of that vote, and ninth, The
written statement Of Gen. Calhoun in relation to the
registry Of votes, etc-but which sheds no light on
the subject.
Thereport says these facts show great regularity
and strict conformity to law and that no State
heretofore applying for admission has shown clear
errecord.
No objection to the admission of Kansas arises on
the usual inquiries-6rst as to the application Sc
OOndy, as to the regularity Of the proceedings anu
thirdly, whether the consultation is repubhean IN
form.
The report then answers the objections, gong
very fully into reply 10 Gov. Walkers argument
founded on his assumption that the validity Of every
State constitution depends on its hayingreeeTea the
sanction of popular vote. This assumption Is ue-
MED. as not being sustained by principle or au-
thority.
Sovereignty. Governor Walker says, is inaliena-
BILE and rests exclusively with the people. This IS
granted but the report says it does not follow that
eovereipn power cannot be delegated The forma-
ton Of constitution requires the exercise Of sove-
reign power; but SO does the cOmmOnest act OF
LEGISLATURE. If the one can be delegated, so can
the other. All the constitutions Of the old States
we're made by conventions without notifications e1-
cspt that Of Massachusetts.
The constitution Of the United States was ratified
BY State conventions, and never by the popular
vote. The amendments to it are to be concurred IN
nv State Legislatures, and not by the popular VOTE
TO give them validity. II Gov. Walkers doctrine
Is correct we should be without State constitutions
or laws in half Of the States Of the Union. The
objection that an enabling act is necessary IS also
answered. and shown to be untenable both in Prin-
ciple and authority
The Question relative to the registry and appoint
ment is very fully treated. The charge that nine
tssu counties we're DISTINGUISHED is completely an
swered. There are but thirty four organized cOun-
ties in Kansas Twenty-One Of these were repre-
scented Nine of the thirteen unrepresented counties
have very little population. In seven OF them not
q vote was cast at the January election against the
constitution In two others Of the nine less than
one hundred votes we're thrown; and IN the four
remaining namely: Franklin, Anderson, Conee ana
Breckenridge there we're but eleven and thlrty-nVe.
In these four counties the officers were prevented
from making registry.
The report also shows, from the registry and ap-
poronment together with the official returns that
At the fourth Of January election, the i've counues
of Leavenworth, Atchison, Douglas, DOniphan and
Jefferson, cast 1--WE thousand one hundred and elgh-
teen votes which is majority Of the whole vote cast
throughout the territory against the constitution
And yet all these counties were registered and re-
presented in the convention, having thirysiI Of the
sixty delegates Of which the convention was com
posed.
fit be true that the opponents Of the constitution
we're so largely in the majority in those countless
and so violent in their opposition, Why did they not
elect mea to form constitution more to their liking.
They had within four votes Of two thirds Of the con
vention; why then did they fail to act az the proper
tmeg Their refusal, therefore, did not lnvaldate
the lust. fair and legal action Of The convention.
The resolution under which the committee was
appointed. directed them to inquire whether the
Lecompton constitutions acceptable and satisfactory
TO the people? The reply to this is that the only
correct test is the baotbox and such an expression
Of the popular will as is there given at the proper
time and place, according to law. By this test the
constitution was adopted by an overwhelming ma
joriry Of these who Joined in the election. These
only can be considered as the bona fis citizens Of
Kansas. Others who abstained are agla tide resi-
uents, who went TO Kansas Tor mischief and strife
They are selfacknowledged outlaws, and are not to
be considered as constituent elements Of community
or society agsinst which they are in open rebellion
But on the 9Th Of January, at the election for
Stale officers under the constitution, more than T.,
900 voters in Kansas did 60 the polls, and thus
showed concusivcly that at least four-hflhs Of the
vo ers Of that Territory were willing to vote for the
eLecllIh
This shows that the constitution was not only &C
oeptabIe but that It has been accepted by at least
four hs Of the voters of that Territory though not
entirely satisfactory to al Of them.
The committee declinedto 60 into an investigation
Of the alleged frauds at the January election for
State officers for want Of jurisdiction Of the House
over the subject They say they can no more in
vestigate frauds relating to the election of State Of
fcers in Kansas than in any other State Those
matters are to be inquired into By other appropriate
Legitimate tribunals. Ifths seat Of the member Of
Congress elected to this house be contested on the
ground Of alleged Frauds the House would have
jurisdiction over that questions but not as TO frauds
IN the election Of Governor or members Of the Leg
islature Of Kansas.
The report concludes with q recommendation for
the admission Of the State Of Kansas, in pursuance
Of the views OF The President believing the welfare
aai prosperity of the people Of Kansas, as well as
the general welfare, peaCcaud harmony Of the whole
Union viii thereby be promoted.
DEcLuysloy OF SPEAKER ORn.-The Hon. Jas.
i. Orr the Speaker Of the House, has written a
letter to his constituents, declining reelectiOntO
Congress. The ,ong neglect Of his private affairs,