The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-31

49, AA1 tAA 49, A. =
rsrsee. be right Of the people peaceably 70 assemble and
10 petition the government for Of grievancesn
The cons tuition being the supreme law Of he land, this
right OF the people cannot DO restricted impaired by
any act Of Congress The people Of q Terrisory have,
therefore, the right at all times pesceaby assemble
snoe complained Of 10 the Territorial orr.nizstou. thew
may accompany their petition for il abrogation with
specification Of the kind Of government or the form Of
redress desired This their right, whether authorized
by any previous act Of Congress not
such was the doctrine affirmed during President Jack.
sor in the decision Of the Attorney &c.
neral transmit pg instructions 10 the Governor OF
Arkansas who was disposed to prevent the formation Ct
constitution by the people, without previous act Of
by direction the President September 2l 1885, re-
feripg 70 the right Of the people TO without such au
thoriy, be says-"They undoubtedly possess the or
6mary privileges and immunites OF citizens OF the
Ubhed States Among these Is the right Of the people
70 assemble psaceaby and to petition the for
the redress Of grievances In the exercise Of this right
The inhabitants of Arksnsas may peaceably meet TO
geiher in primary mbly in convention choecn by
sncn assemblies for the purpose Of peonpg Congress
ADMIT them INTO the Union as an indepen.
dent State The particular form which they
they cor fine themselves to the rgh, OF peaoning
ana conduct their proceedings In n peaceable manner
And a. the power OF Congress the whole subject
penary ana unlimited, they may accept any constitution
framed which, in their judgment meets sense of the
people TO be affected by H. II, therefore, the citizens
Arkansas think proper to accompany their petition by
written cos'ituon. framed and agreed by them in pr
mary assemblies, or by convention OF delegates choseu
by such moes perceive no legal objection to their
power to do So"
Under this doctrine, which s only an enforcement Of
Of the guarantees Of the constitution and accord
ance with The uniform practice OF the government for
more than haf century the people of any Territory
at any time petition Congress for admission into the Union
as State An inquiry into the manner OF the formation Of
the constitution Of proposed State OF no Importance
save or means Of ascerainng whether il "meeis the
sense OF the people TO be affected by IT," Enabling acts OF
Congress or any other acts preliminary to the ratification
OF the constitution by the people therefore, important
only Of authepicatne the will Of the people
approving the Commences Of their petition
or the twenty States added 10 the Union since the adop
ton OF the federal constitution, eleven have been al
mifted without nsy previous act OF Congress authorizing
the for nation Of constitution Six Of these formed their
constitutions and state in pursuance Of laws
emansnre with their respective Territorial Iegstures
Following these precedents the people OF Kansas pre-
sent their petition accompanied by constitution formed
in pursuance Of act Of the Terri oral Legislature sp
proved by the Governor the 18th day Of February D.
1882 ano ratified and adopted by the people a: cleo
on held Tor that purpose required by said law, on the
nrst Tuesday or October last
Your Committee, regarding the right Of the people OF
Territory peaceaby to assemble and for themselves
constitution and State government, 10 be presented
their petition to Congress- as one Of the guarantees Of the
constitution cannot regard any condition imposed by Con.
gress attempting to impair the exercise Of that right as
valid or binding either upon the people q subsequent
Congress such condition could be imposed then the
people could be deprived Of right secured in the const
tn,on tre so long Congress should refuse neglect
TO remove such condition.
Asir this case Shouldn't be claimed that until certain
POPULATION snRl be lsceItained by legal census, ap
RAuVp Iur admission Of the State into the Union Is TO be
long Congress should neglect prevent the taking
the census. Such doctrine would enable majority Of
Congress to puiy at will any Of the guarantees Of the
constitution The people of Kansas therefore, in present
ing their application for admission as q State into the
Unicn bave done nothing but what they have an un-
doubted rgbtto DO under the constitution and 1t for
Congress 10 make such disposition Of il ehall
them just ana proper By art T. g. of the constitution
New States may be admitted by the Congress into
iect therefor pienary and unlimited The acceptance
rejection OF petition for the admission of State rests
entirely in the discretion of Congress Mt the time OF such
application. The questions 70 be considered such
applications are the conformity Of its organization TO the
requirements OF the constitution the OF its popu
ation and whether the majority Of the people desire to
be admitted as State under the constitution presented
90, would the welfare Of the people Of the proposed
State and the general interests Of the whole country be
promoted by its admission The first and most important
OF these inquiries liz TO determine whether the majority of
the people 10 be affected by desire such admission for
however clear the application may be the exercise Of
constitutional right, ia, nevertheless mere petition,
and unless approved by majority OF those upon whom
is to operate, the petition should not be granted In
this there be question but that the consttu-
ton presented meets the wishes of those who are TO be
affected by IL, for adopted and ratified at fair
election held for that purpose IN which the whole people,
4,ssl in aggregate vote of $685. exclusive Of the
vote poed in fifteen counties not returned) being almost
Two 70 one IN favor Of the constitution as appears by the
appended and made part Of this report.
As to population, there could be any doubt
waived by the action Of Congress majority Of both
houses on the thirteh day OF April D. 1885, declared
limits now proposed for Kansas for II to be- ADMITTED A.
slave State and certainly that population increased
by two years immigration should be in the Judgment Of
processes 10 establish rule to population the ad
mission Of slave Safes and another and different for
free States.
Your Committee therefore deem II unnecessary to in.
lue as to the precise number Of the present population
Of Kansas, for If under ordinary circumstances there
could be objections that point they
Kansas concerned been waived twice already by the
actcn O. Congress In addition TO the instance FIRST cited
the House Of Representatives four years ago passed
act fer the admission Of the State and the Senate passed
one for the immediate formation Of State government
order to ouch admission, without respect to population
Since the rsf action Congress the population has
than doubled and has increased very largely since the
last.
At the last session of Congress Oregon was admitted as
State with much smaller population than that OF Kan
sac The largest vote poled at any election in
gon previous TO admission ten thousand hundred
and twenty one Qo121), while the vote poed Kansas
on the adoption Of the constitution and that too under
registry aw that required months residence for the
voter the aggregate vote poed including the vote Of the
neen counties not officially returned exceeded seventeen
OF the 2s7 Congressional districts in the Union there
tons, hundred and y two 52 districts that poled
each ess than seventeen thousand az 0oO) votes So
that the legal vote Of Kansas the first Tuesday Of April
1885, exceeded that Of Of almost two thirds Of the
Congressional districts Of the Union
Territorial government beng limited in the exercise
of political power, and the people thereof greatly
restricted in their action, should be continued
only 40 long as the necessities which gave
rice to 1t last Whenever the population, therefore,
becomes sufficiently numerous TO maintain o government
OF their without imposing upon them excessive bur
theDs Of taxation and they DESTROYS Of taking upon
themselves the responsibility Of State government,
Why should rot their request be granted? and thus
leve them from . condition of Territorial pupage, by
restoring them to their rights OF self government OF
which, from the necessity Of the case they have been
partially deprived the
torial vaInment, the people do not select their
rulers nor car they egs)ate without being subjected
the supervision Of the general government their
acts Their Governor appointed by the President with
veto on all acts Of the Legislature, which neutralizes
the votes Of thirds Of its members The Judges who
coDstrue the laws the appontees OF the President The
people of Territory therefore. have voice in the
lection Of s executive judicial officers, for they all
hold their positions at the viii Of the President While
the government Of independent people under our
system Ia composed Of three Departmental Executive,
the legislative and the Judicia-the people Of Territory