Year: 1859

dered, the question is simply whether the people
of that Territory should first come into the Unior
and then change any provision in their COnstitu
tiOn not agreeable to themselves, or accomplish
the very same object by remaining out of the
Union and forming another Constitution in nc
cordance with their will. In either case the re
suit would be precisely the same. The only dit:
ference in point of fact is that the object would
have been much sooner attained and the pactca
tion of Kansas more speedily effected had it beer
admitted as State during the last session OF
Congress- My recommendation, however, for the
immediate admission of Kansas, failed to meet
the appreciation of Congress They deemed il
wiser to adopt different measure for the settle
ment of the question. For my own part, should
have been willing to yield my assent to almost
any constitutional measure to accomplish this
object | therefore acquiesccd in what has been
called the English Compromise. and approved
the Act for the admission of Kansas into the
Union, upon the terms therein prescribed Under
the Ordinance which accompanied the Lccompton
Constitution. the people of Kansas obtained dou.
bic the quantity Of public lands for the support OF
Common Schools which had ever been previously
granted to any State upon entering the Union
and also the alternate sections Of land for twelve
miles On each side of two railroads proposed to
be constructed, from the northern to the southern
border, and from the eastern to the western boun-
dary of the State. Congress, deemng these





4th, 1858, to which have just referred, for the
admission of the State upon equal terms with the
original States but upon the Fundamental con-
diton precedent that a majority of the people
thereof, at an election held for that purpose,
should, in place of the very large grants of pub
lie lands which they had granted under the Ordi-
nance, accept such grants as had been made to
Minnesota and other new States. Under this Act
should maj jority reject the proposition offered
them, it should be deemed and held that the pco-
pie of Kansas do not desire admission into the
Union with said Constitution, under the condi
tions set forth in this propostion.' In that
event, the Act authorizes the people of the Ter
ritory to elect delegates to form Constitution
and State Government for themselves whenever
and not before, it is ascertaincd by census duly
and legtlmately taken, that the population c,
said territory equals or exceeds the rate of rep.
resentntion required for a member OF the House
of Representatives of the Congress of the I niicd
States. The delegates thus assembled shall first
determine, by vote, whether it is the wish OF
the people of the Territory to be admitted into
the Union at that t,nr, and, if so, shall proc ed
to form Constitution and take all necessary
steps for the establishment of a State Government
in conformity with the Federal Constitution
After this Constitution shall have cen formed.
Congress, carrying out the principles of popular
sovereignty and non-ntervcntion, have left the
mode and manner Of its approval and ratification





scribcd by law; and they shall be admitted into
the Union as Statae under such Constitution.
thus fairly. and legitimatcly, with without sla-
very. as said Co stiutlOn may prcscribc.' An
election was held in Kansas. in pursuance of the
provision of this Act, on the second day of Au-
gust last and it was rejected by a large majority
Of the population. This being the case they arc
now authorized to form another Constitution
previous to admission into the Union. but not
until their number as crtaincd ly census, shall
equal or exceed the ratio required to clcctu mem
Der of the House Of representatives


1t is not probable, in the present state of the
case. that third constitution can he lawfully
framed and presented to Congr IS by Kansas be-
fore its population shall have reached the dcsig-
mated number; nor is it to be presumed that after
their sad experience in resisting the Territorial
laws they will attempt to adopt Constitution in
express violation of the provisions of the Act OF
Congress. During the session of 1856. much of
the time OF Congress was occupied on the qucs-
ton of admitting Kansas under the Topeka Con-
stltutlon. Again. nearly the whole of the last
session was devoted to the question of admission
under the Lccompton Constitutions Surely it is
not unreasonable to require the people of ka"sas
to wait before making the third attempt until
the number Of their inhabitants shall amount to
93,420. During this brief period the harmony of
the State, as well as the great interests of the
country, demands that the people of the Union





thef agitation of the Kansas question. By wait
ing Tor a short time and acting in obedience to
law, Kansas will glide into the Union without the
slightest impedimcDt. This excellent provision,
which Congress has supplied to Kansas ought to
be extended and rendered applicable to all Ter
ritories which may hereafter seek admission into
the Union. Whilst Congress has the undoubted
power OF admitting new State into the Union,
however small may be the number of its inhabi-
tants, yet this power ought not, in my opinion
to be exercised before the population shall amount
to the ratio required by the Act for the admission
of Kansas. Had this been previously the rule
the country would have escaped all the evils and
eXcitements to which it has been exposed by the
Kansas question. OF course it would be unjust
to give this rule a retrospective application, and
exclude State which, acting upon the past prac-
tce OF the Government, has already formed its
Constitution, elected its Legislature and other
officers, and is now prepared to enter the Union
The rule ought to be adopted whether we consi-
der its bearing on the people of the Territories
or upon the people Of the existing States Many
of the serious dissensons which have been pre-
sented to Congress and throughout the country
would have been avoided had this rule been es-
tablished at an early period of the Government
Immediately upon The formation of new Terri
tory, people from different States and from for
eign countries rush into it for the laudable pur-
pose of improving their condition. Their first
duty to 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 the wilderness and
to lay the foundation of q fourishng and prospe-
rous commonwealth; and if, in this incipient con-
dition, with population of few thousand, they
should prematurely enter the Union, they are OPP
pressed with burdens of State taxation and the
means necessary for the improvement of the Ter
ritory and the advancement of their own inter
ests are thus diverted to very different purposes.


The Federal Government has ever been a liber-
al party to the Territories, and Il generous con-
tributor to the useful enterprises of early settlers
1t has paid the expenses of their governments
and legislative assemblies out Of the comon treas
ury, and thus relieved them of heavy charge
Under these circumstances, nothing can be better
calculated to retard their material progress than