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

KANSAS. 53 But the insufficiency of the population of Kansas—the impolicy of setting such an example to the other small communities occupying the public territories—the injustice of giving State equality, and full equality in the Senate, with the most populous States in the Union, to such small territorial populations—are of far less flagrant aspect than certain other features in this proposition. The bill reported, which is designated “a bill for the admission of the State of Kansas into the Union,” recites that11 the people of Kansas have presented a constitution, and asked admission into the Union,” &c. Now, the most remarkable feature in the question presented, is the fact that this “ constitution,” and this pretended “State of Kansas,” have been set up in open resistance to the lazofully-constituted authorities of the country—set up on the public domain of the United States, in utter defiance of and resistance to the laivs of the United States; set up not by “the people of Kansas,” but by a dissatisfied portion of the people, arrayed in excited antagonism to another portion; with a questionable list of grievances, and with a temper too impatient, or too prone to disorder, to await the redress of grievances which the due processes of law and order are sure to accord to every portion of the American people. The only paper placed before the committee for its action is a memorial submitting such a constitution, asking (for Kansas) admission as a State, and going so far in argument as to question “ the right of Congress to extend a Territorial government over Territories” of the United States, while at the same time it embodies the bold declaration of the “convention of the people’s delegates,” that the Territorial government has been a 11 failure, and the people were left zvithout any legal government ” whatsoever! The memorial purports to be signed by the senators and representatives of the so-called State legislature of Kansas ; but it has recently appeared that the copy before the committee is not a full transcript of the memorial adopted by the said Kansas legislature, several passages having been suppressed, as it appears, here in Washington. That it may more fully be seen what was the real temper of the said memorialists, the undersigned here inserts one of those suppressed passages, to wit: “ By the provisions of the organic act a government was established over the Territory, and officers were appointed by the President to administer said government. This form of government is unknoiun to the constitution, is extra-constitutional, and is only the creature of necessity awaiting the action of the people, and cannot remain in force contrary to the will of the people living under it. It may be regarded as a benevolent provision on the part of Congress thus to provide a government of their own ; hut when it becomes oppressive, or when the people become sufficiently strong to establish a government of their own, in accordance ivith the constitution of the United States, it is their right so to do, and thereby throw offi that extended over them.” Such is the startling assumption of the memorialists ! men who, while occupying, by permission of Congress, one of the Territories of the United States, had just set themselves up as a legislature in resist­

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