Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-04-04


The Admission OF Kansas.
The House Committee on Territories, to
whom was referred the Constitution adopted
by the people of Kansas on the 9Th of Octo-
Der, 1853, and the memorial of the Conven-
tion praying Congress TO admit Kansas as
State into the Confederacy, reported on the
2sih ult. In favor of the admission. The first
objection that might be urged to the admis-
sion is that there was no previous act of Con-
gress authorizing and enabling the people to
meet, by delegate, in Convention to form a
State Constitution. Under that provision of
the Federal Constitution securing ''the right
of the people peaceably TO assemble and to
petition the Government for redress of
grievances," the Committee hold that the
people Of any territory may at any time petit
ton Congress for admission into the Union
as State. and proceed:
An inquiry into The manner of the farma-
ton OF the Consultation Of proposed State
is Of no Importance, cave as a means of as
eeriaining whether il meets the sense of the
people TO be aft cied by it. Enabling acts
by Congress. or any other acts, rreiin,isary 10
The ratification Of Coaaaitutson By The pc pie. are
therefore impoI tant only as a means of au-
tbenticaiing the will of the peop;e. or of
proving the gennineness of their petition.
OF the twenty States added TO the Union
since the adoption Of the Federal Constitu-
ton, eleven have been admitted without any
previous act OF Congress authorizing the for
nation Of Consultation. Six of these
fol med their Constitutions and State Gov
ernments In pursuance Of laws emauaiing
from their res pcciive Territorial Legislatures.
Following these precedents, the people of
Kansas present their petition accompanied
by Constitution formed in pursuance of an
act OF the Territorial Legislature. approved
by the Governor or the lIth day of February,
A. ID. 1859, and ratified and adopted by the
people at an election held for that purpose,
as r. quired by said law, on The fist Tuesday
of October last.
The next serious obstacle to the admission
is assumed to be the restriction as to popula-
tion imposed by the English bill, which re-
quires number sufficient for one member OF
Congress under The general apporlionment.
which the committee thus disposes of:
"Your Committee, regarding the right of
the people Of a Territory peaceably to assem-
bic and form for themselves Constitution
and State Government, to be presented as
their petition to Congress, as one of the guar
antics of the Cons tut ton, cannot regard any
condition imposed by Congress attempting to
impair the exercise of thu. right as valid or
binding either upon The people themselves or
a SD bstquent Congress II such condition
could be imposed. then the people could be
deprived OF right secured in the Coastitu.
ton itself, SO long as Congress should refuse
or neglect to remove such condition.
As in this case, should it be claimed that,
until certain population shall be ascertain
ed by legal census no application for adj
mission of the State into the Union is to he
received, then the people of Kansas could be
excluded 70 long as Congress should neglect
or prevent the taking of census Such
doctrine would enable a majority # Congr, SIS
TO nulIify at will any Of .he guarantees of the
Constitution. The people of Kansas. there
fore, in presenting their application for adj
mission as State into the Union, have done
nothing but what they have an undoubted
right 10 do under the CONSTITUTION; and it is
for Congress to make such disposition OF it as
shall seem to them to be just and proper.
"As to population. if there was any doubt
on that point. your Committee regard it as
waived by the action of Congress. A major
ity of both Houses on the 18Th day of April.
A. ID. 1858, declared by vote that there was
sufficient population within the limits now
proposed for Kansas to enable it TO b@ I'D
mitted as a Slave State; and certainly that
same population increased by two years i'm
migration should be, in the Judgment Of your
Committee, sufficient for Free State unless
Congress proposes to establish one rule as TO
population for the admission of Slave States,
end another and different one for Free
States.
Your Committee. therefore, deem it uu
necessary to inquire into the precise number
ho lat nf II for
under ordinary circumstances, there could be
any objections on that point, they have, so
far as kansas is CONCERNED, been twice over
come by the action OF Congress. In addi-
ton to the instance Just cited. the House Of
Representatives, lOur years ago passed an
act for the admission Of the STATE, and the
Senate passed an act for the immediate iorm-
alton of a State Government, in order to
such admission. without regard TO popula-
tion. Since the first action of Congress the
population has more than doubled, and has
increased very largely since the last.
At the last session of Congress Oregon
was admitted with less population than
that of Kansas The largest vote ever poll
I'd at any election in Oregon previous to Its
was I0.I2l, while the vote polled
in Kansas on the adoption of their COnstitu-
tion. (and that, too, under Registry law
requiring six months r, sidence for the yOter),
tne aggregate vote polItd, including the vote
of the 10 counties not officially returned, ex-
cecded IL 900.
or the 247 Congressional Districts in the
Union there Were, by the official returns of
the last Congressional elections, I52 Districts
that polled each less then IL, 900 votes. So
the legal vote of Kansas. on the first Tues
day of April, A. d., 1859, exceeded that If
any one Of almost two-thirds of The Con-
gressional Districts in the Union"
The indications are that some of the fire.
eating democrats will oppose the admission
perhaps with desire of still further Ian
ming the flames of sectional strife during the
canvass; but We imagine Kan
sas will be admitted at the present session,
unless the democratic Senate shall be iu-
duced to thwart its application.