The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-03-11


port of the measure at the time OF its
enactment, did not understand that
it authorized the people Of each or
either of these Territories "to pro-
coed and form a Constitution in their
own way, without an express author
ity from Congress- from the fact that
on the day of -, 1855,
he sent in special Message to Con.
gress, in which he recommended an
Enabling Act for Kansas, as the APP
propriate legislative remedy for the
evils complained of in that Terri
tory
His recommendation is in these
words:
"This, it seems to me, can be best
accomplished by providing that when
the inhabitants of Kansas may desire
it, and shall be of sufficient numbers
to constitute State, a convention OF
delegates, duly elected by the quail
fed voters, shall assemble to frame
a Constitution, and thus prepare,
through regular and lawful means,
for admission into the Union as
State. respectfully recommend the en-
actmm of lar to that Effect. ! re-
commend, also, that q special appro-
priation be made to defray any
expense which may become requisite
in the execution of the laws or the
maintenance of public order in the
Territory of Kansas"
The Message Of President Pierce
containing this recommendation was
referred to the Committee on Terri
tories by the Senate, and after full
examination and mature elaboration
this Committee, on the 18th day of
March, 1856, made an elaborate re-
port in explanation and vindication
of the principles, provisions and po-
Icy of Kansas-Nebraska act, and ar
rived at the conclusion that the re-
commentator of the President fur
nishcd the appropriate andlegitimate
mode Of conducting the principles,
provisions and policy of the act to a
successful and final consummation
by the passage of an act of Congress
authorizing the people of Kansas to
hold a Convention and form u Con-
stitution and State Government,
"when the inhabitants of Kansas
may desire it, and shall be sufficient
numbers to constitute State"
The Committee in their report re-
sponded to the Presidents recon-
mendation in the following Ian
guage:
"In compliance with the first re-
commentator, your Committee ask
leave to report bill authorizing the
Legislature of the Territory to pro.
vide by law for the election Of dele
gates by the people, and the assem-
bling of convention to form Con
stitution and State Government, pre-
paratory to their admission into the
Union on an equal footing with the
original States, as soon as 1t shall
appear, by census to be taken un-
der the direction of the Governor, by
the authority of the Legislature,
that the Territory contains ninety
three thousand four hundred and
twenty inhabitants-that being the
number required by the present ratio
of representation for member OF
Congress.
Thus it appears that the Committee
who wrote and approved the X ansas-
Nebraska Bill, and the President who
approved and impaired vitality to it
by his signature, did not mean by
that Act to authorize or recognize
the right Of the people Of a territory
with few hundred or even few
thousand population, whenever they
pleased, to form Constitution and
State government without an ex-
press authority from Congress" but
ON the contrary it clearly appears that
the authors Of the Act understood
and intended it to be construed and
executed as meaning, that while the
people Of those territories remained
in territorial condition they should
exercise and enjoy all the rights and
privileges Of sclf-government in con
formity with the Organic Act; and
that when they should have the re
quisite number ito constitute State
and should desire it, Congress would
give it's assent in subsequent ACT
70 authorize them TO form a Consti
tuition and State Government, and u
come into the Union on an equal foot
ing with the original States. in al
respects whatever President Pierce
did not specify the number which he
deemed necessary 10 constitute
State. nor did the Cincinnati ConveD
ton on the celebrated occasion re
ferred to by the President in his an
nual Message designate the precis,