, 1859-01-14

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previously granted to any State upon entering the
Union; and also the alternate sections Of land iol
twelve miles each side Of two railroads, proposed
to be constructed from the northern to the southern
boundary and from the eastern to the western boun
dairy Of the State. Congress, deeming these claims
unreasonable provided W the act Of May T. 1858, &c
which have just referred, for the admission Of the
State on an equal footing with tie original States, but
upon the fundamental condition precedent that q
majority Of the people thereof at election to be
held for that purpose should, in place Of the very
large grants Of public lands which they had demanded
under the ordnance accept such grants as had been
made 10 Minnesota and other States. Under this
act, should majority reject the proposition offered
them, lit shall be demed anRhcd that the people o
Kansas do not desire admission into the Union with
said constitution under the conditions set forth IN said
proposition
In that event. the act authorizes the people Of the
Territory 10 elect delegates to form constitution and
State government for Themselves whenever and not
before it is asceraincd by census, duly aud legally
taken that the population Of said Territory equals or
exceeds the ratio of representation required for a
member Of the House Of Representatives Of the Con
Rrcss Of the United States" The delegates thus as
sembcd "shal first determine by vote whether it is
the wish OF the people of the proposed state to be nd-
mitted into the Union at that time, and, il so, shall
proceed t1 form constitution and take all nc essar ry
steps for the establishment Of State Government, in
conformity with the federal constitution. After this
constitution shall have been formed Congress, carry
ing out the principles Of popular sovereignty and non
intervention "have left the mode and manner oi It's
approval or gatication by the people Of the proposed
State 10 b0' "prescribcd bv law =" and they "shall
then be admitted into the Union a State under such
constitution thus fairly and legally made, with or
without slavery as said cons titutOn may pre-
scrihen
An election was held throughout Kansas, in pursu-
ance Of the provisions Of this act the second day
Of August last and il rcsnltcd in the rejection by
large majority, of the proposition submitted to the
people by Congress. This being the case they are
authorized to form another constitution prepara-
Inc
number, ascertained By census shall equal ex-
coed the ratio required to elect member to the House
Of Representatives.
1t is probable in the present state of the case
that n third constitution eau be lawfully framed and
presented 70 Congress by Kansas before its popula-
ton shall have reached the designated number. Nor
i 1t 10 be presumed that after their sad experience
IN resisting the territorial laws they will attempt TO
adopt constitution in express violation of the pro-
Visions Of the act Of Congress. During the session Of
1856, much Of the time Of Congress occupied on
the question Of admitting Kansas under the Topeka
constitution Again, nearly the whole of the last ses
sion was devoted to the question Of its admission
der the LecOmpton constitution. Surely it is unrea-
sonahe to require the people cl Kansas to wait. be-
Tore making third attempt until the number Of their
inhabitants shall amount TO ninetyhrce thousand four
hundred and twenty. During this brief period the
harmony Of the Sates as well the great business
interests Of the country, demand that the people Of
tile Union shall not for third time be c0nVlsed by
another agitation on the kansas question BY wait
ing for short time, aud acting in obedience to law
Kansas will glide into the Union without the slightest
impediment
This excellent provision, which Congress have ap-
piled to Kansas, ought to be extended and rendered
applicable to all Territories which may hereafter seek
admission into the Union.
Whilst Congress possess the undouJted power oil
admitting new State into the Union, however small
may be the number Of its inhabitants yet this power
ought not, in my opinion to be exercised before tue
population shall amount to the ratiD required by the
act for the admission Of Kansas. Had this been pre-
fnR thu
the evils and msUunes tU which it has been exposed
by the Kansas question.
OF course it would be unjust to give this rule a ret
respective application, and exclude a State which,
acting upon the past practice Of the government has
already formed its constitution elected its legislature
ana other officers, ard Is now prepared to enter the
Union.
The rule ought to be adopted, whether we consider
lt' beu'ing on the people Of the Territories upon
the people d the existing States. Many OF the serious
dissenslOns which have prevailed in Congress and
throughout the country, would have been avoided,
the government.
Immediately upon the formation Of new Territory,
people from different States and from foreign cOur.
tries rush into it, for the laudaJle purpose OF improve
ing their condition. Their first duty 10 Themselves is
To open and cultivate FARMS To construct roads to
establish schools, TO erect places of religious worship
and to devote their energies generally to reclaim tie
wilderness and To lay the foundations of a Odrshng
and prosperous commonwealth. IT, in this iucipeut
condition, with population Of few thousand they
should premlturey enter the Union they are oppfess.
ed by the burden VI State taxation and the means
necessary Tor the improvement of the Territory and
The advancement of their own interests are thus d.
verted to very different purposes.
The federal government has ever been liberal
parent to the Territories, and generous contributor
u the useful enterprises OF the early settlers II has
paid The expenses OF their governments and legislative
assemblies out Of tue common treasury aud thus re-
licved them from heavy charge. Under these cir
nothing eau be better calculated 10
retard their material progress than 10 divert them
from their useful employments, by prematurcly eX-
citing angry political contests among themselves for
the benefit OF aspiring leaders 1t is surely no hard
snip for embroyo governors senator's and members Of
Congress, to wait until the number of inhabitants
shall equal those Of single congressional district
1hey surely ought not to be permitted to rush into the
Union with population less than One.half of several
OF the large counties in the interior VI some of the
States. This was the condition Of Kansas when it
made application TO be admitted under the Topeka
constitution Besides it requires time to render
the mass of a population collected in a new Territory
at all homogeneous, and to un te them on ANYTHING
like fixed policy Establish the rule. and all will
look forward to il and govern themselves accord
ingly.
But justice to the people Of the several States re-
quires that this lue should be established by Con
gress. Each State is entitled to two senator's and at
least one representative IN Congress- Should the peo
pie of the States fail to elect Yice.President the
power devoves upon the Senate to select this officer
from the two highest candidates the list In case
Of the death of the President the VicePresent thus
elected by the Senate, becomes President of the Uni
ted States On all questions OF legislation the sena.
tors from the smallest States Of the Union have an
equal vote with those from the largest. The same
may be said in regard To the ratification Of treaties
and OF Executive appointments All this has worked
admirably IN practice, whilst It conforms in principle
with the character Of government instituted by
sovereign States. | presume no American citizen
would desire the slightest change in the arrangement
sun is II no unjust and unequtO the existing States
TO invest some forty fifty thousand people collected
IN Territory with the attributes of sovereignty and
place them on an equal footing with Virginia and New
YORK IN the Senate of the United States?
FOR these reasons, | earnestly recommend the pas
sage oi general act which shall provide that upon
the application OF territorial Legislature declaring
Their oehet that the Territory contains a number Of
inhabitants which, in State would entitle them to
elect member OF Congress it shall be the duty Of
the President 70 cause Of the inhabitants TO
be taken aud, II fOHnd sufficient then by the terms
Of this act to authorize them TO proceed sin their
way to frame State constitution prepara;ory IN
admission into the Union. also recommend thai an
appropriation may be made, to enable the President
to take census Of the people Of Kansas
Affairs In Utah.
The present condition OF the Territory Of Utah
when contrasted with what Il was one wear apo Il a