KANSAS. 41 Missouri, admitted March 2,1820, had by the census of 1820 a white population of 55,988. Arkansas, admitted June 15, 1836, had by the census of 1830 a white population of 25,671. Florida, admitted March 3, 1845, had by the census of 1840 a white population of 27,943. The population of Kansas, from the most reliable sources of information, is nearly or quite equal to the present fractional ratio for a member of Congress in the States, and greater than the representative population of many of the States at the time of their admission into the Union.* So there can be no valid objection to her admission on account of insufficient population. Congress being the only power that can establish a Territorial government, it follows that such government must at all times be subject to the control of Congress, and can be changed, modified, or abrogated only by the consent of Congress. But it is immaterial whether that consent be expressed before or after the action of the people of the Territory in changing their Territorial government to a State. In a majority of cases, prior to the action of the people, Congress has, it is true, passed an act authorizing them to call a convention, although it was not done in the case of Tennessee, Arkansas, Michigan, Florida, or Iowa ; nor is it absolutely necessary in any case. An enabling act has never been deemed indispensable for the people to act, and no evil has ever resulted from its omission. The principal can give validity to the action of the agent in all cases, either by prior authority, or by recognition subsequent thereto. General Jackson, in replying, through B. F. Butler, his Attorney General, to a letter of the governor of Arkansas, asking of the President instructions as to his duty in preventing the people of that Territory from holding a State convention without authority of Congress or of the legislature, says : “ They undoubtedly possess the ordinary privileges and immunities of citizens of the United States. Among these is the right of the people peaceably to assemble and to petition the government for the redress of grievances. In the exercise of this right the inhabitants of Arkansas may peaceably meet together in primary assembly, or in convention chosen by such assemblies, for the purpose of petitioning Congress to abrogate the Territorial government, and to admit them into the Union as an independent State. The particular form which they may give to their petition cannot be material so long as they confine themselves to the mere right of petitioning, and conduct all their proceedings in a peaceable manner. And as the power of Congress over the whole subject is plenary and unlimited, they may accept any constitution framed, which in their judgment meets the sense of the people to be affected by it. “ If, therefore, the citizens of Arkansas think proper to accompany their petition by a written constitution framed and agreed on by them in primary assemblies, or by a convention of delegates chosen by such assemblies, 1 perceive no legal objection to their power to do so.” ®8ee statement appended.
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