New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-30
THE ADMISSION OF KANSAS.
THE RIGHTS CT HER PEOPLE STATED.
Euiy of Congress i'm the Case.
REPORT TO THE HOUSE OF REPRESENTATIVES,,
P,esenad Yesterday by Mr.. Gro~ Of Peunssioo"ia.

The Committee on the Territories TO whom were re-
fe,red the Cor stuton adopted by the people Of Kan
cas- on the 4.h day Of Oooer, A. d., 1859, AMI the
memorial Of the Convention pra, ing Congress TO ad nj
Kansas a. State into the Confederacy, having hat
the same under consideration beg leave to submit To:
| following report:
| Article I Of the amendments TO the Constitution
guarantees "he right Of the people peaeea6ly to as
saJe and 10 PetitiOn the Government t"r redress
| of gyieraEoes Tee Contttu,on being the supreme
law Of The hind, this right of the people capnot BE-
restricted or impaired 10 any manner by any acton
Congress The people Of a Territory have therefore
the tight at all peace ably 10 ass. mole and 70 Pc
tton jor redress If gnevances III inc grievances
npDa Of be the Territorial organization tney may
acconpapy their petition for its abr0ganon win a
feat ON Of the kind vi government or the form OF
ysoress oesired TIL their right whether authorized
| by sby previous act of Congress or not.
Such vas the doctrine affirmed during President
Jaek sons administration ID the decision OF the Attorney
Gep.J al transmitting Instructions TO the Governor OF
Ark ibsss who ws- dsposed to prevent the formation
of Cons; tuition by tho people without previous act
Of Congress for The purpose. In thcse lostructlops
given by direction Of the Presiden', Sept. 81 1885,
referring to the night OF the peope 10 act without 5dch
authority, he says:
They undoubtedly the ordinary privilege. and nna
Of ne niteS STATES AmOHE theae Il the night
Of pee p.seeby TO bic enc petition the Ooyen
meni grievances In the exercise Of th. right
the nhsb of Arkansas ptaceaoy NEE. together In
primary assembly in Copven ion chosen BY such as'eHbii.s
Il. The purpose II petioopg Congress to ieIrt9s
admi. them Into the Union ndepeLd-nt
In. particular form which they may give to their petition
cannot maeris lone they conhne theusey-s to,he
tight peiObies and conduct All their pro eeding'ns
nb ct f. pl.nsIy ami they may ccep, any Conu
ton ed winch In their judgment, meets the sense 81 the
.r.f1e the citizens of Arkansas think proper to
psDy their petition By written Constitution formed and agreed
upon BY them IN primary assemblies or by CoIyeniyn Of
delegates eb'eD b. such s.,ebes perceive no legal ooee-
Under his cOctrne, which is only au enforcement
of ole Of the of the Constitution, and 10
acco dance with the uniform practice OF the Govern
ment for more than half 'entnry the people OF any
Territory may az any time petition Congress or adnie-
son into the Union State. Al inquiry mt the
mani Of the formation of the Constitution of pro-
poted State of no importance rave az means OF
ascertain Dg whether it meets the sense Of the people
TO be sffec,td by it. Enabling scs by Congnss, or
any o'ber acts, preliminary 10 ne ratpcdtt0n o.
CoRstitgtioR By the people a.e Therefore important
OF go o means Of authencstiOg the will OF the pso
pie, rot proving the genninenets OF taslc 'ton.
OF the twenty States added 10 the Unioa sace tue
adoption of the Federal Constitution, eleven have been
admitted without any previous act OF Congress autno
ling the formation OF Constitution. Six or these
formed their Constitutions IA Stats Governments in
pursuance of laws emauailDg from their respective
Territorial Legislatures Following these pre- ;edent',
the people OF Kansas present ther petit on ace9mpa-
MED by Constitution formed in Pursuance OF an act
Of The Territorial Legs aue, approved by tbs Cover
nor on the llLh day Of February A. d. 1853, AID ra-
heo and ado ted by the people al an election held Tor
that purpose, required by said law on the first
Tuetday VI October last
Your Committee, regarding the right OF the people
Of Territory peaceaby 10 assemble and form for
Themselves a Constitution and State Government, to
be presented their petition 10 Congress- az one OF the
guarantees of the Constitution, c>DnOt regard any con-
dion imposed by Congress attempting to inp4it the
exercite of that rght as valid blazing either upon
the people the mselyes a subsequent Congress. II
sucb condition could be impo.ed, then the people
could be deprived of RICH; secured in the CoDsttu-
ton tst long Congress should refuse sect
10 remove such emotion.
As in hie case, should II be claimed that, until GER
tain population shall be ascertained by legal census
application for adm sson of the State ito the Union
TO be we'd, then the OF Kansas could be
excluded long Congress should neglect or pre-
vent the taking Of a cepsus. Such doctrine would
enable majority of Congress TO nullfy wilt any of
The guarantees of the Constitution. The people OF
Ksnsss, therefore, in presenting their application for
admin sion STATE into the UOlou have done nothing
but what they have undOnb,ed re bit to 30 H. der
the Constitution; aud il s for Congress to make such
disposition Of j: shal TO them to be just and
proper.
BY Article 4. Section OF the Constitution. "neu
Stotts may be admitted By the Cong ess mo this
Union" The power OF Congress oVer the whole
subject s there ore plenary aGd unlimited. The &C
ceI lance ect of petition fOI the admission Of
s ate entirely in the discretion of Congress ut
the me of such application. TIE Questions TO be
COZ sdered Cd such application are the conformity of
op, the amount OF It's population, and whether the
majority Of the people desire TO be admitted a State
under the CoDsfiin,i0n presented. IL 80, would the
welfare Of The people OF the proposed stats, and the
gener interests Of the whole country, be promoted by
It's admission
The first and mot important of these inquiries is to
determine whether the majority Of the people to be
affected by it desire such admission. For, however
clearly The application may 90 the exercise OF const-
tuIionol right i, lie, nevertheless, pention aud
III less approved by majority ri those upon whom il
ia 10 operate The petit Ia should lot be granted.
II ibis there can be question out that the
CcDsti,noD presented meets the wishes of those who
TO be- sected by H. for il adopted and ratified
at fair election held for that purpose, in which the
whole people without distinction Of party participated
by majority OF 4S9l in an aggregate vote Of $685.
being almost two to one in lis favor Us appears by the
proclamation ofthe Governor, which is hereto appen
deo, and made part vi ibis report
Az topopula,ioD, if there was any doubt on that
pobt your Committee Tegafd il as waived by the
lion OF Congress. A majority of both Houses ON the
18th day of April, A. D. 1853, declared by vee that
there was suiRcent population within the limits now
proposed for kaosos 10 enable it TO be admitted
Slave Slate; aud certainly that population in
created by two years mmie ration should be, in TIE
Judgment Of your Committee Sufficient for Free
State, Unless Congress proposes to establish one rule
10 population for the admsi' Of Slave States, and
Lotlrr snd 6jte6elt one for Frss Safes.
Your Committee, the reore, deem II unnecessary 10
qnire into the precise punber Of the present pbpus
ton VI Kansas for II under ordinary circumstances,
tbeie cond DC any obecObe on tDat point they nave,
tar Kansas rleo, been twice By
the Of Congress. In addition TO the instance just
cited the House OF Representatives, fonr yearS ago,
passt act for the admission OF the State and The
Sc nate pas ed act for he immediate formation Of
state Cover meDt III order ~ such admission, without
regard 70 population Since the first action of Con-
eres the population has that doubled and has in
creased very largely since the iast.
AT the last session of Congress, Ofegon was admit
ted with lees population than that OF Kansas. Toe
w. "A ID n
vOus TO its admission TO- 2l while the vote polled
in Kansas the adoption of this Constitutlop and