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vulsed the Union and shaken it to the very center. This be banished from the halls of Congress, where it has was the question which had lighted the flames of civil always exerted a baneful influence throughout the whole war in Kansas and had produced dangerous sectional country. parties throughout the confederacy. It was of a charac. It is proper that I should briefly refer to the election ter so paramount in respect to the condition of Kansas, held under the act of the Territorial Legislature on the as to rivet the anxious attention of the people of the first Monday of January last on the Lecompton Constiwhole country upon it and it alone-no person thought tution. This election was held after the Territory had of any other question. For my own part, when I in- been prepared for admission into the Union as a Sovestructed Governor Walker in general terms in favor of reign State, and when no authority existed in the Terri. submitting the constitution to the people, I had no torial Legislature which could possibly destroy its existobject in view except the all-absorbing question of ence or change its character. The election, which was Slavery. In what manner the people of Kansas might peaceably conducted under my instructions, involved regulate their other concerns, was not the subject which strange inconsistencies. A large majority of the persons attracted my attention. In fact, the general provisions who voied against the Lecompton Constitution were at of our recent State constitutions, after an experience of the same time and place recognizing its valid existence eighty years, are so similar and excellent that it would in the most solid and authentic manner by voting under be difficult to go far wrong at the present day in framing its provisions. I have yet received no official informaa new constitution. I then believed, and still believe, tion of the result of this election, that, under the organic act, the Kansas Convention As a question of expediency, after right has been were bound to submit this all-important question of maintained, it may be wise to reflect upon the benefits Slavery to the people. It was never, however, my to Kansas and the whole country that will result from opinion that, independently of this act, they would have its immediate admission into the Union, as well as the been bound to submit any portion of the constitution to disasters that may follow its rejection. Domestic peace a popular vote in order to give it validity. Had I enter-will be the happy consequence of the admission, and that tained such an opinion, this would have been in opposi- fine Territory, which has hitherto been torn by dissention to many precedents in our history, commencing in sions, will rapidly increase in population and wealth, and the very best age of our Republic. It would have been speedily realize the blessings and comforts which follow in opposition to the principle which pervades our insti- l in the train of agricultural and mechanical industry. tutions, and which is every day carried into practice, | The people, then, will be sovereign, and can regulate that the people have a right to delegate to the repre- their affairs in their own way. If the majority of them sentatives chosen by themselves their sovereign power desire to abolish domestic Slavery within the State, there to frame constitutions, enact laws, and perform many l is no other possible mode by which it can be effected so other important acts, without requiring that these should speedily as by prompt admission. The will of the be subjected to their subsequent approbation. It would majority is supreme and irresistible, when expressed in be a most inconvenient limitation of their own power, an orderly and lawful manner. It can make and unimposed by the people upon themselves, to exclude make constitutions at pleasure. It would be absurd to them from exercising their sovereignty in any lawful say that they can impose fetters upon their own power manner which they think proper.
which they cannot afterward remove. If they could do It is true that the people of Kansas might, if they had this, they might tie their own hands just as well for a hunpleased, have required the Convention to submit the con- dred as for ten years. These are the fundamental princistitution to a popular vote, but this they have not done. ples of American freedom, and are recognized, I believe,
The only remedy, therefore, in this case is that which in some form or other by every State constitution; and exists in all other similar cases. If the delegates who if Congress, in the act of admission, should think proper framed the Kansas Constitution have in any manner to recognize them, I can perceive no objection. violated the will of their constituents, the people always This has been done emphatically in the constitution of possess the power to change their constitution or laws Kausas. It declares in its bill of rights that “ All politiaccording to their own pleasure. The question of Slavery cal power is inherent in the people," and all free governwas submitted to an election of the people on the 21st ofments are founded on their authority and instituted for December last, in obedience to the mandate of the Con- their benefit, and therefore have at all times an inalien. vention. Here, again, a fair opportunity was presented able and indefeasible right to alter, reform and abolish to the adherents of the Topeka Constitution, if they were their form of government, in such manner as they may the majority, to decide this exciting question "in their think proper. The great State of New-York is at this own way," and thus restore peace to the distracted Ter-moment governed under a constitution framed and estabritory; but they again refused to exercise the right of lished in direct opposition to a mode prescribed by the Popular Sovereignty, and again suffered the election to previous constitution. If, therefore, a provision chang: pass by default. I heartily rejoice that a wiser and bet-ing the constitution of Kansas after the year 1864, could ter spirit prevailed among a large majority of these by possibility be construed into a prohibition to make people on the first Monday in January, and that they such change previous to that period, this prohibition did on that day vote under the Lecompton Constitution would be wholly unavailing. The legislature already for a Governor and other State officers, a member of elected may, at its very first session, submit the question Congress, and for members of the Legislature. This to a vote of the people, whether they will or not have a election was warmly contested by the parties, and a larger convention, to amend their constitution, and adopt all vote polled than at any previous election in the Territory.necessary means for giving effect to the popular will. It We may now reasonably hope that the revolutionary has been solemnly adjudged, by the highest judicial tri. Topeka organization will be speedily and finally aban-bunal known to our laws, that Slavery exists in Kansas doned, and this will go far toward a final settlement of the by virtue of the Constitution of the United States. unhappy differences in Kansas. If frauds have been com- Kansas is therefore at this moment as much a Slave State mitted at this election by one or both parties, the legisla- as Georgia or South Carolina. Without this, the equality ture and people of Kansas, under their constitution, will of the Sovereign States composing the Union would be know how to redress themselves and punish these detesta- violated, and the use and enjoyment of a Territory ac. ble but too common crimes without outside interference. quired by the common treasure of all the States, would
The people of Kansas have, then, " in their own way," be closed against the people and property of nearly half and in strict accordance with the organic act, framed a the members of the Confederacy. Slavery can, therefore, Constitution and State Government, have submitted the never be prohibited in Kansas, except through the means all-important question of Slavery to the people, and have of a constitutional provision; and in no other manner can elected a Governor, a member to represent them in this be obtained so promptly, if the majority of the people Congress, members of the State Legislature and other desire it, as by admitting her into the Union under her State officers; and they now ask admission into the present constitution. On the other hand, should ConUnion under this constitution, which is republican in its gress reject the constitution, under the idea of affording form. It is for Congress to decide whether they will I the disatfected in Kansas a third opportunity to prohibit admit or reject the State which has thus been created. Slavery in the State, which they might have done twice
For my own part, I am decidedly in favor of its admis. I before if in the majority, no man can foretell the consesion, and thus terminating the Kansas question. This quences. If Congress, for the sake of those men who re. will carry out the great principle of Non-Intervention fused to vote for delegates to the convention, when they recognized and sanctioned by the organic act, which might have excluded Slavery from the constitution, and declares in express language in favor of the non-inter- who afterward refused to vote on the 21st of December, vention of Congress with Slavery in the States and when they might, as they claim, have stricken Slavery Territories, leaving the people “perfectly free to form from the constitution, should now reject the State beand regulate their domestic institutions in their own way, I cause Slavery remains in the constitution, it is manifest subject only to the Constitution of the United States." In that the agitation upon this dangerous subject will be rethis manner, by localizing the question of Slavery and newed in a more alarming form than it has ever yet confining it to the people who it immediately concerned, I assuined. Every patriot in the country had indulged the every patriot anxiously expected that this question would I hope that the Kansas-Nebraska Act would have put a
Powe. Idendo, can
final end to the Slavery agitation, at least in Congress, They shall have power to permit the owners of slaves to which had for more than twenty years convulsed the emancipate them, saving the rights of creditors, and country and endangered the Union. This act involved preventing them from becoming a public charge. They great and fundamental principles, and, if fairly carried | shall have power to oblige the owners of slaves to treat into effect, will settle the question. Should agitation be them with humanity to provide for their necessary food again revived-should the people of sister States be again and clothing-to abstain from all injuries to them, estranged from each other with more than their former extending to life or limb-and, in case of neglect or bitterness-this will arise from a cause, so far as the in- refusal to comply with the direction of such laws, to terests of Kansas are concerned, more trifling and in have such slave or slaves sold for the benefit of the significant than has ever stirred the elements of a great owner or owners. people into commotion. To the people of Kansas, the $ 3. In the prosecution of slaves for crimes of higher only practical difference between admission or rejection, grade than petit larceny, the Legislature shall have no depends simply upon the fact whether they can them | power to deprive them of an impartial trial by a petit selves more speedily change their present Constitution it jury. it does not accord with the will of the majority, or frame $ 4. Any person who shall dismember or deprive a a second Constitution to be submitted to Congress here- slave of life shall suffer such punishment as would be after.
inflicted in case the like offense had been committed on Even if this were a question of mere expediency and a free white person, and on the like proof, except in case not of right, a small difference of time one way or the of insurrection of such slave. other, is not of the least importance, when contrasted with the evils which must necessarily result to the whole This provision, and this provision alone, it country from the revival of the Slavery agitation. was finally determined by a close vote to sub. In considering this question, it should never be for
mit to the registered electors. For this purpose, gotten that in proportion, to its insignificance, let the decision be what it may, so far as it may affect a few by the terms of a schedule annexed to the thousand inhabitants of Kansas, who have from the be- Constitution, an election was to be held on the ginning resisted the Constitution and the laws, for this
21st of December. The ballots cast were to be very reason the rejection of the Constitution will be so much the more keenly felt by the people of fourteen
indorsed either “ Constitution with Slavery," or States of the Union where Slavery is recognized under | “ Constitution with No Slavery.” Thus to have the Constitution of the United States.
the privilege of voting No Slavery, it was still Again the speedy admission of Kansas into the Union will restore peace and quiet to the whole country.
trv. I made necessary to vote for the Constitution, Already the affairs of this Territory have engrossed an beside which, all persons offering to vote must, undue proportion of public attention. They have sadly if challenged, “take an oath to support the affected the friendly relations of the people of the States with each other and alarmed the fears of patriots for the
Constitution if adopted." safety of the Union. Kansas once admitted into the If the number of votes “ for the Constitution Union, the excitement becomes localized and would soon without Slavery" should be a majority, then die away for want of outside aliment, and then every | difficulty could be settled by the ballot-box. Besides,
the schedule provides, that “The rights of and no irifling consideration, I shall then be enabled to property in slaves now in the Territory, shall withdraw the troops from Kansas, and employ them on a in no manner be interfered with.” Making it service where they are much needed. They have been impossible to abolish Slavery kept there on the earnest importunity of Governor Walker, to maintain the existence of the Territorial This schedule, as if with a direct view of Government, and secure the execution of the laws. He superseding the Territorial Legislature and considered at least two thousand regular troops, under
regular troops, under Congressional delegate elect, further provided the command of General Harney, were necessary for this purpose. Acting upon his reliable information, I have
that the Constitution shall be in force " after been obliged in some degree, to interfere with the ex- its ratification by the people” (without waiting pedition to Utah in order to keep down the rebellion in for the approval of Congress) a State election Kansas. This has involved very heavy expenses to the Government. Kansas once admitted, it is believed there
to be held on the first Monday in January, will no longer be occasion there for the troops.
1858, for the choice of a Governor, LieutenantI have thus performed my duty on this important | Governor, Secretary of State, Auditor, State question under a deep sense of my responsibility to God and to the country. My public life will terminate in a
| Treasurer, and members of the Legislature, and brief period, and I have no other object of earthly ambi. also a member of Congress. It also provided tion than to leave my country in a peaceful and prosperous condition, and to live in the affections and respect of my countrymen. The dark and ominous
| all power of acting) that all laws in force not clouds now impending over the Union I conscientiously believe will be dissipated with honor to every portion of | until altered, amended or repealed by a Legisit by the admission of Kansas during the present session of Congress; whereas, if she should be rejected, I greatly
| lature assembled under the provisions of this fear these clouds will become darker and more oninous
| Constitution; and that all officers, civil or than any which have ever yet threatened the Constitu- military, under the authority of the Territory tion and the Union. (Signed) JAMES BUCHANAN. of Kansas, shall continue to hold and exercise
The Lecompton Constitution contains a pro- their respective offices until superseded by the vision on the subject of Slavery, as follows: authority of the State: the first meeting of the SLAVERY.
State Legislature to take place upon the issue $ 1. The right of property is before and higher than / of a proclamation by the President of the any constitutional sanction, and the right of the owner of a slave to such a slave and its increase is the same, mation that Congress has admitted Kansas into and is inviolable, as the right of the owner of any pro- the Union. A provision is also inserted in. perty whatever.
$ 2. The Legislature shall have no power to pass laws tended to prevent any amendment previous to for the emancipation of slaves without the consent of the year 1864, and then only upon the concur. their owners, or without paying their owners, previous to emancipation, a full equivalent in money for the
rence of two-thirds of the members of both slaves so emancipated. They shall have no power to
of all the citizens of prevent emigrants to the State from bringing with them the State.” such persons as are deemed slaves by the laws of any one of the United States or Territories so long as any persons of the same age or description shall be continued
LECOMPTON AND ENGLISH BILLS. slaves by the laws of this state; provided, that such The following record of the action of Congress person or slave be the bona fide property of such emi- on the admission of Kansas under the Lecompe grant; and provided, also, that laws may be passed to prohibit the introduction of slaves into this State who
oton Constitution, will be interesting for future have committed high crimes in other States or Territories. I reference.
houses and 66
The original bill, as it passed the Senate | ISLAND.-Simmons. TENNESSEE.—BELL. VERMONT.ander the lead of Senator Green (March 23. I Collamer, Foot. WISCONSIN.---Durkee, Doolittle. To1858), was as follows:
ABSENT OR NOT VOTING.-Messrs. Bates (Del.), Reid
(N. C.), Davis (Mi.), Cameron (Pa.) Mr. Cameron paired THE LECOMPTON BILL.
off with Mr. Davis. A Bill for the Admission of the State of Kansas into |
to | Previous to taking this vote, Mr. Crittenden
Provions to tolin, this wote Mr Cri the Union, presented in the Senate by Mr. Green, of Missouri, from the Committee on Territories, moved a substitute for the bill, in substance, February 17, 1858.
that the Constitution be submitted to the people Whereas, The people of the Territory of Kansas did,
; at once, and, if approved, the President to . by a Convention of Delegates called and assembled at Lecompton, September 4, 1857, form for themselves à admit Kansas by proclamation. If rejected, Constitution and State Government, which said Convention having asked the admission of the Territory into Constitution. The substitute made special prothe Union as a State on an equal footing with the original
ar vision against frauds at the election. Be it enacted by the Senate and House of Represen. This substitute was lost : Yeas, 24 ; Nays, 34. tatives of the United States of America in Congress On the first of April, the bill was taken up in assembled, That the State of Kansas shall be, and is hereby declared to be, one of the United States of
the House and read once, when, its second America, and admitted into the Union on an equal foot- reading having been objected to by Mr. Gid. ing with the original States, in all respects whatever; / dings, the question recurred under the rule, and the said State shall consist of all the territory in- Shall the bill be rejected ? A vote was taken cluded within the following boundaries, to wit: Beginning at a point on the western boundary of the State of and resulted, Yeas, 95 ; Nays, 137. Missouri where the thirty-seventh parallel of latitude Mr. Montgomery, of Pa., offered as a substi. crosses the same; thence west on said parallel to the tute. with slight alterations, the bill which Mr. eastern boundary of New Mexico; thence north on said boundary to latitude thirty-eight; thence following said | Crittenden had offered in the Senate. Mr. boundary westward to the eastern boundary of the Terri. Quitman, of Mississippi, also offered a substitute, tory of Utah, on the summit of the Rocky Mountains; which was the same as the Senate bill, with the thence northward on said summit to the fortieth parallel of latitude ; thence east on said parallel to the western | omission of the declaratory clause, “that the boundary of the State of Missouri; thence south with the people shall have the right at all times to alter westward boundary of said State, to the place of begin- or amend the Constitution in such manner as ning: . . .
82. And be it further enacted, That the State of Kansas is admitted into the Union upon the express con- Mr. Quitman's substitute was lost-Yeas, 72; dition that said State shall never interfere with the Nays, 160, the yeas being all from the Slave primary disposal of the public lands, or with any regulations which Congress may find necessary for securing the
States, and Mr. Montgomery's was adopted, 120 title in said lands to the bona fide purchasers and to 112. grantees thereof, or impose or levy any tax, assessment, The Crittenden-Montgomery substitute, as it or imposition of any description whatsoever upon them, or other property of the United States, within the limits of
passed the House, was in the following words: said State ; and that nothing in this act shall be construed 8 1. Be it enacted, etc., That the State of Kansas be, to abridge or infringe any right of the people asserted in
1 and is hereby, admitted into the Union on an equal footthe Constitution of Kansas, at all times, to alter, reforming with the original States in all respects whatever ; but or abolish their form of government in such manner as inasmuch as it is greatly disputed whether the Constituthey may think proper, Congress hereby disclaiming any tion framed at Lecompton on the 7th day of November authority to intervene or declare the construction of the
last, and now pending before Congress, was fairly made, Constitution of any State, except to see that it is republi or expressed the will of the people of Kansas, this admiscan in form and not in conflict with the Constitution of sion of her into the Union as a State is here declared to the United States; and nothing in this act shall be con
be upon this fundamental condition precedent, namely : strued as an assent by Congress to all or to any of the That the said constitutional instrument shall be first subpropositions or claims contained in the ordinance an.
mitted to a vote of the people of Kansas, and assented to nexed to the Constitution of the people of Kansas, nor to
by them, or a majority of the voters, at an election to be deprive the said State of Kansas of the same grants
nsas of the same grants held for the purpose ; and as soon as such assent shall be which were contained in said act of Congress, entitled, given, and duly made known, by a majority of the Com“ An act to authorize the people of the Territory of
missioners herein appointed, to the President of the Minnesota to form a Constitution and State Government,
United States, he shall announce the same by proclamapreparatory to admission into the Union on an equal tion, and thereafter, without any further proceedings on footing with the original States," approved February 26,
the part of Congress, the admission of the said State of 1853.
Kansas into the Union upon an equal footing with the & 3. And be it further enacted, That until the next
original States, in all respects whatever, shall be complete general census shall be taken, and an apportionment of and absolute. At the said election the voting shall be by representation made, the State of Kansas shall be entitled ballot, and by indorsing on his ballot as each voter may to one Representative in the House of Representatives of please, for the Constitution," or " against the Constituthe United States.
tion," Should the said Constitution be rejected at the The bill passed, 33 to 25, as follows:
said election by a majority of votes being cast against it, then, and in that event, the inhabitants of said Territory
are hereby authorized and empowered to form for themYEAS-FOR LECOMPTON.
selves a Constitution and State Government by the name ALABAMA,-Fitzpatrick, Clay. ARKANSAS. --Sebastian, of the State of Kansas, according to the Federal ConJohnson, CALIFORNIA.-Gwin. DELAWARE.-Bayard. stitution, and to that end may elect delegates to a con. FLORIDA.-Mallory, Yulee. GEORGIA.-Iverson, Toombs. vention as hereinafter provided. INDIANA.-Fitch, Bright. Iowa.-Jones. KENTUCKY.- $ 2. And be it further enacted, that the said State of THOMPSON. LOUISIANA.-Benjamin, Slidell. MARYLAND. Kansas shall have concurrent jurisdiction on the Missouri -Pearce, KENNEDY. MissISSIPPI.-Brown, MISSOURI.- and all other rivers and waters bordering on the said State Green, Polk. New-JERSEY.-Wright, Thomson. NORTH | of Kansas, so far as the same shall form a common boundCAROLINA. -Biggs. PENNSYLVANIA.-Bigler. RHODE ary to said State and any other State or States now or ISLAND.-- Allen. SOUTH CAROLINA.-Evans, Hammond. I hereafter to be formed or bounded by the same; and TENNESSEE.-Johnson, Texas.--Henderson, HOUSTON said rivers and waters, and all the navigable waters of VIRGINIA.--Mason, Hunter. Total, 33,
said State, shall be common highways and forever frec,
as well to the inhabitants of said State as to all other citi. NAYS-AGAINST LECOMPTON.
zens of the United States, without any tax, duty, impost, CALIFORNIA.Broderick. CONNECTICUT.--Foster, Dimon, or toll therefor. ILLINOIY.- Douglas, Trumbull. Iowa.--Harlan KEN 83. And be it further enacted, That for the purpose TUCKY.-CRITTENDEN. MAINE.-Fessenden, Hamlin. of insuring, as far as possible, that the elections authorMASSACHUSETTS. - Wilson, Sumner. MICHIGAN. --Stuart, ized by this act may be fair and free, the Governor and Chandler. New-HAMPSHIRE.-llale, Clark. New the Secretary of the Territory of Kansas, and the presid. YORK, -Seward, King. Ohio.-Pugh, Wade. RHODE | ing officers of the two branches of its Legislature, pamely
they shall be appor outrory, according to the numaid but for no other purpose hy the Governor of salt
the President of the Council and Speaker of the House of vices the same compensation as is given for like services Representatives, are hereby constituted a board of com- under the Territorial laws. missioners to carry into effect the provisions of this act, S 7. And be it further enacted, That the said State of and to use all the means necessary and proper to that Kansas, when her admission as a State becomes complete end. Any three of them shall constitute a Board ; and and absolute, shall be entitled to one member in the the board shall have power and authority, in respect to House of Representatives, in the Congress of the United each and all of the elections hereby authorized or pro- States, till the next census be taken by the Federal Gov. vided for, to designate and establish precincts for voting, ernment. or to adopt those already established ; to cause polls to $ 8. And be it further enacted, That the following be opened at such places as it may deem proper in the re. | propositions be, and the same are hereby offered to the spective counties and election precincts of said Territory; said people of Kansas for their free acceptance or rejecto appoint, as judges of election at each of the several tion, which, if accepted, shall be obligatory on the United places of voting, three discreet and respectable persons, States and upon the said State of Kansas, to wit: First, any two of whom shall be competent to act; to require the That the sections numbered sixteen and thirty-six in Sheriffs of the several counties, by themselves or deputies, every township of public lands in said State, and where to attend the judges at each of the places of voting, for either of said sections, or any part thereof has been sold the purpose of preserving peace and good order, or the or otherwise disposed of, other lands equivalent thereto, said Board may, instead of said Sheriffs and their deputies, and as contiguous as may be, shall be granted to said appoint, at their discretion, and in such instances as they state for the use of schools. Second, That seventy-two may choose, other fit persons for the same purpose ; and sections of land shall be set apart and reserved for the when the purpose of the election is to elect delegates to a use and support of a State University, to be selected by Convention to form a Constitution, as hereinbefore pro- the Governor of said State, subject to the approval of vided for, the number of delegates shall be sixty, and the Commissioner of the General Land Office, and to be they shall be apportioned by said Board among the appropriated and applied in such manner as the Legisgeveral counties of said Territory, according to the num- lature of said State may prescribe for the purpose aforeber of voters; and in making this apportionment, the said, but for no other purposes. Third, That ten entire Board may join two or more counties together to make sections of land, to be selected by the Governor of said an election or representative district, where neither of State, in legal subdivisions, shall be granted to said State the said counties has the requisite number of voters to for the purpose of completing the public buildings, or for entitle it to a delegate, or to join a smaller to a larger the erection of others at the seat of government, under county having a surplus population, where it may serve the direction of the Legislature thereof. Fourth, That to equalize the representation. The elections hereby all salt springs within said State, not exceeding twelve in authorized shall continue one day only, and shall not be number, with six sections of land adjoining, or as contigucontinued later than sundown on that day. The said ous as may be to each, shall be granted to said State for Board shall appoint the day of election for each of the its use; the same to be selected by the Governor thereof elections hereby authorized, as the same may become within one year after the admission of said State, and necessary. The said Governor shall announce, by pro- when so selected, to be used or disposed of on such clamation, the day appointed for any one of said elections, terms, conditions and regulations as the Legislature shall and the day shall be as early a one as is consistent with direct: Provided, That no salt springs or land the right due notice thereof to the people of said Territory, subject whereof is now vested in any individual or individuals, to the provisions of this act. The said Board shall have or which may be hereafter be confirmed or adjudged to full power to prescribe the time, manner and places of any individual or individuals, shall by this art.cle be each of said elections, and to direct the time and manner granted to said State. Fifth, That five per centum of of the returns thereof, which returns shall be made to the the net proceeds of sales of all public lands lying within said Board, whose duty it shall be to announce the result said States, which shall be sold by Congress after the ad. by proclamation, and to appoint therein as early a day mission of said State into the Union, after deducting all as practicable for the delegates elected (where the election the expenses incident to the same, shall be paid to said has been for delegates) to assemble in Convention at the State, for the purpose of making public roads and interseat of Government of said Territory. When so assembled, nal improvements, as the Legislature shall direct: Prothe Convention shall first determine, by a vote, whether vided. The foregoing propositions hereinbefore offered it is the wish of the proposed State to be admitted into the are on the condition that the people of Kansas shall proUnion at that time, and if so, shall proceed to form a vide, by an ordinance, irrevocable without the consent Constitution, and take all necessary steps for the estab of the United States, that said State shall never interfere lishment of a State Government, in conformity with the with the primary disposal of the soil within the same, by Federal Constitution, subject to the approval and ratifica- the United States, or with any regulations Congress may tion of the people of the proposed State. And the said find necessary for securing the title in said soil to bond Convention shall accordingly provide for its submission fide purchasers thereof, and that no tax shall be imposed to the vote of the people for approval or rejection; and on lands belonging to the United States, and that in no if the majority of votes shall be given for the Constitution case shall non-resident proprietors be taxed higher than 80 framed as aforesaid, the Governor of the Territory residents. Sixth: And that the said Sate shall never shall, within twenty days after the result is known, notify tax the lands or the property of the United States in that the President of the United States of the same. And State: Provided however, That nothing in this act of thereupon the President shall announce the same by pro- admission shall be so construed as to ratify or accept the clamation, and thereafter, and without any further pro- ordinance attached to said Constitution; but said ordiceedings whatever on the part of Congress, the admissionnance is hereby rejected by the Government of the Uniof the said State of Kansas into the Union, upon an equal ted States. footing with the original States in all respects whatever, shall be complete and absolute.
The following are the Yeas and Nays: $ 4. And be it further enacted. That in the elections hereby authorized, all white male inhabitants of said Ter
YEAS—TO AMEND OR SUBSTITUTE. ritory over the age of twenty-one years, who are legal CALIFORNIA.-McKibbin-1. voters under the laws of the Territory of Kansas, and
CONNECTICUT.-Clark, Dean-2. none others, shall be allowed to vote; and this shall be
ILLINOIS.-- Elihu Washburne, Farnoworth, L the only qualification required to entitle the voter to the Kellogg. Morris, Harris, Shaw, Robert Smith, Sam. S. right of suffrage in said elections. And if any person not Marshall__9. so qualified shall vote or offer to vote, or if any person INDIANA.-English, Foley, Kilgore, J. G. Davis, Wilson, shall vote more than once at either of said elections, or
Colfax, Case, Pettit-8. shall make, or cause to be made, any false, fictitious or fraudulent returns, or shall alter or change any returns
KENTUCKY.-UNDERWOOD, HUMPHREY MARSHALL-2. of either of said elections, such person shall, upon convic
MAINE.- Wood, Gilman, Abbott, Morse, I. Washtion thereof before any court of competent jurisdiction, be bene
on, be burne, Foster-6. kept at hard labor not less than six months, and not
MARYLAND.-Ricaud, J. M. HARRIS, H. WINTER DAVIS—3. more than three years.
MASSACHUSETTS.-Hall, Buffinton, Damrell, Comins, $ 5. And be it further enacted, That the members of
Burlingame, Davis, Gooch, Knapp, Thayer, Choffee, the aforesaid Board of Commissioners, and all persons
Dawes -11. appointed by them to carry into effect the provisions of
Michigan.-Howard, Waldron, Walbridge, Leach-4. this act, shall, before entering upon their duties, take an
MISSOURI.-Blair-1. oath to perform faithfully the duties of their respective
New-HAMPSHIRE.— Pike, Tappan, Cragin–3. offices; and on failure thereof, they shall be liable and
NEW-JERSEY. -Clawson, Robbins, Adrain--3. subject to the same charges and penalties as are provided
North CAROLINA.-GILMER-1. n like cases under the Territorial laws.
New-YORK.-Haskin, H. F. Clark, Murray, Thompson, $ 6. And be it further enacted, That the officers men. I olin. Dodd, Palmer, Spinner, Clark B. Cochrane, tioned in the preceding section shall receive for their ser- Morse. Matteson, Bennett, Goodwin, Lord, Granger
right of suffrage yote or offer to voter said elections, or Colfax, Courtis, T. Davis
MPHREY MARSHALL Washe
Morgan, Pottle, Parker, Kelsey, Andrews, Sherman, manded the previous question. The call for the Burroughs, Fenton-23. 0110.--Pendleton, Groesbeck, Campbell, Nichols,
previous question was lost by the casting vote Mott, Cockerill, Härlan, Stanton, Halí, Horton, Cox, of the Speaker: 108 to 108. Very much to Sherman, Bliss, Tompkins, Lawrence,' Leiter, Wade, I the surprise of the House, Mr. English, of IndiGiddings, Bingham-19.
ana, who had acted with the Anti-Lecompton PENNSYLVANIA.-E. J. Morris, Owen Jones, Hickman, Roberts. Kunkel. Grow, Edié, Covode, Montgomery, | party up to this time, moved that the House Ritchie, Purviance, Stewart, Dick, Chapman.-14. j agree to a Conference Committee, and that a RHODE ISLAND. - Durfee, Brayton--2.
committee of three be appointed by the VERMONT.— Walton, Morrill, Royce-3. Wisconsin.-Potter, C. C. Washburne, Billinghurst
Speaker to meet a similar committee of the 8.---Total, 120.
Senate, and on this he called for the previous
question, which was ordered. The Yeas and NAYS. ALABAMA.-Stallworth, Shorter, Dowdell, Moore, Hous
Nays were called, and the vote stood 108 to ton, Cobb, Curry-7.
108: the Speaker voting in the affirmative, Mr. ARKANSAS.-Greenwood, Warren—2.
English's proposition was agreed to. The Yeas CALIFORNIA. -Scott-1. CONNECTICUT.-Arnold, Bishop—2.
and Nays were as follows: DELAWARE.-Whiteley-1.
YEAS.—Messrs. Ahl, Anderson, Atkins, Avery, BarksFLORIDA.-Hawkins-1.
dale, Bishop, Bocock, Bonham, Bowie, Boyce, Branch, GEORGIA.-Seward, Crawford, TRIPPE, Gartrell, Wright, Bryan, Burnett, Burns, Caruthers, Caskie, Clark (Mo.), Jackson, HILL, Stephens-8.
Clay, Clemens, Clingman, Cobb, John Cochrane, Craig INDLANA.-Niblack, Hughes, Gregg-3.
(Mo.), Craige (N. C.), Crawford, Curry, Davidson, Davis KENTUCKY.--Burnett, Peyton, Talbott, Jewett, Elliott, (Miss.), Dewart, Dowdell, Edmundson, Elliot, English, Clay, Mason, Stevenson-8.
Eustis, Faulkner, Florence, Garnett, Gartrell, Goode, LOUISIANA.-EUSTIS, Taylor, Davidson, Sandidge-4. Greenwood, Gregg, Hall (Ohio), Hatch, Hawkins, Hill, MARYLAND.-Stewart, Kunkel, Bowie-3.
Hopkins, Houston, Hughes, Jackson, Jenkins, Jewett, MISSOURI.-- ANDERSON, Clark, Craig, WOODSON, Phelps Jones (Tenn.), J. Glancy Jones, Owen Jones, Keitt,
Kelly, Kunkel (Md.), Lamar, Landy, Leidy, Letcher, MISSISSIPPI.-Lamar, R. Davis, Barksdale, Singleton, Maclay, McQueen, Mason, Maynard, Miles, Miller, MillQuitman-5.
son, Moore, Niblack, Orr, Pendleton, Peyton, Phelps, New-JERSEY.-Huyler, Wortendyke-2.
Phillips, Powell, Quitman, Ready, Reagan, Ruffin, RusNORTH CAROLINA.-Shaw, Ruffin, Winslow, Branch, sell, Sandidge, Savage, Scales, Scott, Searing, Seward, Scales, Craige, Clingman-7.
Shaw (N. C.), Shorter, Singleton, Smith (Tenn.), Smith New-Youk.-Searing, Taylor, Sickles, Kelly, Maclay, (Va), Stallworth, Stephens, Stevenson, Stewart (Md.), John Cochrane, Ward, Russell, Corning, Hatch-10. Talbott, Taylor (N. Y.), Trippe, Ward, Warren, Watkins, OB10,-Miller, Burns-2.
White, Winslow, Woodson, Wortendyke, Wright (Ga.), PENNSYLVANIA.Florence, Landy, Phillips, Glancy Wright (Tenn.), Zollicoffer--109. Jones, Leidy, Dimmick, White, Ahl, Gillis, Reilly, De [The four in italics had hitherto voted anti-Lecompwart-11.
ton.] SOUTH CAROLINA.-McQueen, Miles, Keitt, Bonham,
NAYS.-Messrs. Abbott, Andrews, Bennett, Billinghurst, Boyce-5.
Bingham, Blair, Bliss, Brayton, Buffinton, Burlingame, TENNESSEE.-Watkins, MAYNARD, S. A. Smith, Savage, Burroughs, Campbell, Case, Chaffee, Chapman, Clark READY, Jones, Wright, ZOLLICOFFER, Atkins, Avery-10.
Conn.), Clark (N. Y.), Clawson, Cockerill, Colfax, ComTexas.-Bryan, Reagan-2.
ins, Covode, Cox, Cragin, Curtis, Damrell, Davis (Md.), VIRGINIA.-Garnet, Millson, Caskie, Goode, Bocock,
Davis (Ind.), Davis (Mass.), Davis (Iowa), Dawes, Dean, Powell, Smith, Faulkner, Letcher, Clemens, Jenkins, Ed
Dick, Dodd, Durfee, Edie, Farnsworth, Fenton, Foley, mundson, Hopkins--13. Total, 112.
Foster, Giddings, Gilman, Gooch, Goodwin, Granger, Abrent-Caruthers (Mo.)
Groesbeck, Grow, Hall (Mass.), Harlan, Harris (Md.),
Harris, (III.), Haskin, Hickman, Hoard, Horton, Howard, RECAPITULATION.
Kellogg, Kelsey, Knapp, Lawrence, Leiter, Lovejoy, MarYeas.
shall (Ky.) Marshall (Ill.), Matteson, Montgomery, MorRepublicans, 92 ; Democrats, 22; Americans, 6. Total gan, Morrill, Morris (Penn.,) Morris (Ill.), Morse (Me.), -120.
Morse (N. Y.), Mott, Murray, Nichols, Palmer, Pettit, Nays.
Pike, Potter, Pottle, Purviance, Ricaud, Ritchie, RobDemocrats, 104; Americans, 8. Total_112.
bins, Royce, Shaw (111.), Sherman (Ohio), Sherman The bill having been returned to the Senate
(N. Y.), Smith (I11.), Spinner, Stanton, Stewart (Penn.),
| Tappan, Thompson, Tompkins, Underwood, Wade, Walon the second day of April, Mr. Green moved bridge, 'Waldron, Walton, Washburne (11L), Washburne to disagree to the House amendment which (Me.), Wilson, Wood—108. motion was adopted : Yeas, 34, Nays, 22.
The following, not voting, had paired off: The following are the Nays:
Adrain with Huyler, Dimmick with McKibbin, Gillis Messrs. Broderick, Cameron, Chandler, Clark, Col- with Roberts, Clark B. Cochrane with Sickles, 'Reilly lamer, Crittenden, Dixon, Doolittle, Douglas, Fessenden, with Thayer, Taylor (La.) with Kunkel (Pa.), WashFoot, Foster, Hale, Hamlin, Harlan, King, Seward, Sim- burne (Wis.) with Arnold, Olin with Corning. Whitemons, Stuart, Trumbull, Wade, Wilson.
ley, absent. In the House of Representatives, on the 7th The Committee of Conference was composed of April, Mr. Montgomery, of Pennsylvania, I of Messrs. James S. Green, (Mo.), Robert M. T. moved that the House adhere to its 'amend: | Hunter, (Va.), and William H. Seward, (N. Y.), ment, which motion was carried, Yeas, 119, 1 of the Senate; and Messrs. William H. English, Nays 111-the vote being the same as on the (Ind.), Alexander H. Stephens, (Ga.), and Wiladoption of the amendment, with the exception | liam A. Howard, Mich.), on the part of the of Messrs. Marshall and Bowie, who paired off
all and Bowie who paired off House. and did not vote.
On the 23d of April, the Committee made On the 13th of April, the Senate voted to in their report (susceptible of various interpretasist and ask for a conference committee. Yeas. I tions), Messrs. Soward of the Senate, and How80, Nays, 24-the Nays being the same as the lard, of the House, dissenting. After a running Nays on Mr. Green's motion to disagree, with fight of a week between the friends and oppothe addition of Messrs. Bell and Sumner. Onnents of the new scheme, on the 30th of April the following day, the House received a mes
the report of the Committee was adopted by sage from the Senate insisting on its disagree
both branches of Congress. It was as follows: ment and asking a committee of conference, An Act for the Admission of the State of Kansas when Mr. Montgomery, of Pa., moved that the of
into the Union.—Whereas, the people of the Territory
of Kansas did, by a convention of delegates assembled House insist on its adherence, on which he de- at Lecompton on the 7th day of Nov., 1957, for that pur.