Memorial of the Senators and Representatives and the Constitution of the State of Kansas

MAJORITY REPORT. Mr. Grow, from the Committee on the Territories, made the following REPORT. The Committee on the Territories, to whom were referred the constitution adopted by the people of Kansas, on the l^th of December, 1855, and the memorial of the members of the Legislature elected under its authority, praying Congress to admit Kansas as a State into the confederacy, having had the same under consideration, beg leave to submit the following report: Since the adoption of the federal constitution eighteen States have been added to the Union, of which five were admitted without ever having passed through a Territorial existence. Of the thirteen that have had Territorial governments, five were admitted with constitutions formed without any previous act of Congress authorizing the same. The power of Congress to admit States is of the most plenary character, and is conferred by the constitution (sec. 3, art. 4) in these words: “New States may be admitted by the Congress into this Union.” The time, mode, and manner of admission, therefore, is left entirely to the discretion of Congress. By the constitution it is only requisite that the proposed State should have a republican form of government. The first question, then, that arises on the application of a State for admission, is, does its constitution secure a republican form of government ? If so, would the welfare of its people and the general interests of the whole country be promoted by its admission? To determine this involves an inquiry as to the number of its population, the condition of its society, and the provisions of its constitution. A Territorial government under our system, being limited in the exercise of political powers, and the people thereof greatly restricted in their action, should be continued only so long as the necessities whichgive rise to it last. For during its existence the people do not choose their rulers, nor can they legislate without being subjected to the supervisory power of Congress over their acts. Until the formation of a State government this supervision results not only from the power vested in Congress by the constitution itself, but from the nature of the government and the necessity of the case. The settlers of a Territory, in the first instance feeble in numbers,

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