Page images
PDF
EPUB

hoal 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 fooc 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 ce bitterness this will arise from a cause, so far as the in. j refusal to comply with the direction of such laws, terests of Kansas are concerned, more trifling and in- have such slave or slaves sold for the benefit of tiro significant than has ever stirred the elements of a great owner or owners. people into commotion. To the people of Kansas, the $ 8. 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 if 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 insiguificance, 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,

Again the speedy admission of Kansas into the Union the privilege of voting No Slavery, it was still will restore peace and quiet to the whole country. 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 the schedule provides, that “The rights of difficulty could be settled by the ballot-box. Besides,

and no trifling 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 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 ì Governor, Secretary of State, Auditor, State question under a deep sense of my responsibility to God Treasurer, and members of the Legislature, and and to the country. My public life will terminate in a brief period, and I have no other object of eartály ambi- also a member of Congress. It also provided tion than to leave my country in a peaceful and pros: (as if to deprive the Territorial Legislature of perous condition, and to live in the affections and all power of acting) that all laws in force not respect of my countrymen. The dark and ominous clouds now impending over the Union I conscientiously repugnant to the Constitution shall continue 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 lature assembled under the provisions of this of Congress; whereas, if she should be rejected, I greatly fear these clouds will become darker and more ominous 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

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 Convention, upon the receipt of official infor. 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 concurtheir owners, or without paying their owners, previous rence of two-thirds of the members of both to emancipation, & full equivalent in money for the slaves so emancipated. They shall have no power to houses, and “a majority 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

LECCYPTON AND ENGLISH BILLS. persons of the same age or description shall be continued 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 Lecompgrant; and provided, also, that laws may be passed to prohibit the introduction of slaves into this state who ton Constitution, will be interesting for future have committed high crimes in other States or Territories. I reference.

SLAYERY.

tal, 25.

The original bill, as it passed the Senate ( ISLAND.-Simmons. TENNESSER.BELL. VERMONTunder the lead of Senator Green (March 23,

Collamer, Foot. WISCONSIN.-Durkee, Doolittle. To. 1858), was as follows:

ABSENT OR NOT VOTING.-Messrs. Bites (Del.), Reid

(N. 0.), Davis (Mi.), Cameron (Pa.) Mr. Cameron paired THE LECOYPTON BILL

off with Mr. Davis. A Bill for the Admission of the State of Kansas into the Union, presented in the Senate by Mr. Green,

Previous to taking this vote, Mr. Crittenden 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 Wheroas, 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 & admit Kansas by proclamation. If rejected, Constitution and State Government, which said Conven the people to call a Convention and frame a tion 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 vision against frauds at the election. States,

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 assemblod, That the State of Kansas shall be, and is the House and read once, when, its second hereby declared to be, one of the United States of America, and admitted into the Union on an equal foot- reading having been objected to by Mr. Giding 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 substicrosses 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 suid 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 ping:

82. And be it further enacted, That the State of they think proper,” etc. 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 regula: States, and Mr. Montgomery's was adopted, 120 Lions which Congress may find necessary for securing the 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

$ 1. Be it enacted, etc., That the State of Kansas be, to abridge or infringe any right of the people asserted in and is hereby, admitted into the Union on an equal foot the 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 Constitu. they 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 republic or expressed the wil of the people of Kansas, this admiscan in forin 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 Kausas of vie same grants held for the purpose ; and as soon as such assent shall be which were contained in said act of Cougress, entitled, given, and duly made known, by a majority of the Com. " An act to authorize 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 tho $ 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 themYRAS-FOR LRCOYPTON.

selves a Constitution and State Government by the namo ALABAMA.-Fitzpatrick, Clay. ARKANSAS.-Sebastian, of the State of Kansas, according to the Federal Con. Johnson. CALIFORNIA.-Gwin. DELAWARK.-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. lowa.-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-JERSKY.-Wright, Thomson. NORTH of Kansas, so far as the same shall form a common boundCAROLINA —Biggs. PENNSYLVANIA --Bigler. RuoDB ary to said State and any other State or States now or ISLAND.-Allen. South CAROLINA.-Evans, Hammond, 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 free, as well to the inhabitants of said State as to all other citi.

Bens of the United States, without any tax, duty, impost, CALIFORNIA.-Broderick. CONNECTICUT. -Foster, Dimon. or toll therefor. ILLINOIS.-Douglas, Trumbull. Iowa.-Harlan KKN. $ 8. And do it further onacted, That for the purpose TUCKY.-ORITTENDEN. 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. -Hale, Clark. New: the Secretary of the Territory of Kansas, and the presid. YORK.-Seroard, King. 0110.-Pugh, Wade. RHODE ing officers of the two branches of its Legislature, Damely

NAYS AGAINST LUCOMPTON,

1

the President of the Council and Speaker of the House of vices the same compensation as is given for like services Representatives, are bereby constituted a board of com- under the Territorial laws. missioners to carry into effect the provisions of this act, $ 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 à 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 rejec to appoint, as judges of election at each of the several tion, which, if accepted, sha 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 thiri y-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 Legisseveral 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 contigecontinued later than sundown on that day. The saidous 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 thereot 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 electione, 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 article 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 Sta which shall be sold by Congress after the adby 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 Cungress 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 horcever, 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 Coristitution; but said ordiceedings whatever on the part of Congress, the admission nance is hereby rejected by the Government of the Uniof the said State of Kapsas 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 SCBSTITUTE, 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 the only qualification required to entitle the voter to the Kellogo, Morris, Harris, Shaw, Robert Smith, Sam. S.

ILLINOIS.- Elihu Washburne, Farnoworth, Lovejoy, right of suffrage in said elections. And if any person not

Marshall-9. 80 qualified shall vote or offer to vote, or if any person shall vote more than once at either of said elections, or Colfac, Case, Pettit-8.

INDIANA.-English, Foley, Kilgore, J. G. Davis, Wilson, shall make, or cause to be made, any false, fictitious or

Iowa.-Curtis, T. Davis 2. fraudulent returns, or shall alter or change any returns

KENTUCKY.-UNDERWOOD, HUMPHREY MARSHALL-2. of either of said elections, such person shall, upon convic. tion thereof before any court of competent jurisdiction, be

MAINE.- Wood, Gilman, Abbott, Morse, I. Wush

burne, Foster-6. kept at hard labor not less than six months, and not more than three years.

MARYLAND.-RICAUD, J. M. HARRIS, H. WINTER Davis-3. 85. And be it further enacted, That the members of Burlingamo, Davis, Gooch,"

Knapp, Thayer, Choffee,

MASSACHUSETTS.- Ilall, Bufinton, Damrell, Comins, the aforesaid Board of Commissioners, and all persons Dawes -11. appointed by them to carry into effect the provisions of

MICHIGAN.- Horoard, 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 offices; and on failure thereof, they shall be liable and

New-HAMPSHIRE.- Pike, Tappan, Craqin-8.

NEW-JERSEY. - Clawson, Robbins, Adrain—3. subject to the same charges and penalties as are provided

NORTH CAROLINA.-GILMKR-1. a like cases under the Territorial laws. $ 6. And be it further enacted, That the officers men- Olin, Dodd, Palmer, Spinner, Clark B., Cochrane,

New-YORK.-Haskin, H. F. Clark, Murray, Thompson, tioned in the preceding section shall receive for their ser. I Moric, Mathison, Bennett, Goodrin, Hourd, Grangor

[ocr errors]
[ocr errors][ocr errors][ocr errors]

NAYS.

[ocr errors]

Morgan, Pottle, Parker, Kelsey, Andrews, Shorman, manded the previous question. The call for the
Burroughs, Fenton—28.
OH10.- Pendleton, Groesbeck, Campbell, Nichols,

previous question was lost by the casting vote Mott, Cockerill, Harlan, Stanton, Halí, Horton, Cox, of the Speaker: 108 to 108. Very much to Sherman, Bliss, Tompkins, Lawrence, Leiter, Wade, the surprise of the House, Mr. English, of IndiGiddings, Bingham 19.

PENNSYLVANIA.-E. T. Morris, Owen Jones, Hickman, ana, who had acted with the Anti-Lecompton Roberts, Kunkel, Groro, Edie, Covode, Montgomery | party up to this time, moved that the House Ritchie, Purviunce, Stowart, Dick, Chapman.-14. agree to a Conference Committee, and that a RHODE ISLAND. - Durfee, Brayton-2.

committee of three be appointed by the VERNONT. - Walton, Morrill, Royce-8.

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, wbich was ordered. The Yeas and 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.-Hawking-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 INDIANA.-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.

gon, 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-1.

Shaw (N. C.), Shorter, Singleton, Smith (Tenn.), Smith New.Yoxx.-Searing, Taylor, Sickles, Kelly, Maclay, (Va.), Stallwoith, Stephens, Stevenson, Stewart (Md.), John Cochrane, Ward, Russell, Corning, Hatch-10.

Ì'albort, Taylor (N. Y.), Trippe, Ward, Warren, Watkins, OBIO.--Miller, Burns—2.

White, Winslow, Woodson, Wortendyke, Wright (Ga.), PENNSYLVANIA.—Florence, Landy, Phillips, Glancy Wright (Tenn.), Zollicoffer_109. Jones, Leidy, Dimmick, White, Ahl, Gilis, Reilly, De

[The four in italics had hitherto voted anti-Lecompwart-11.

ton.) SOUTH CAROLINA.-McQueen, Miles, Keiit, Bonham,

NAY8.—Messrs. Abbott, Andrews, Bennett, Billinghurst, Boyce-5.

Bingham, Blair, Bliss, Brayton, Buffinton, Burlingame, TENNESSEE. --Watkins, MAYNARD, S. A. Sinith, Savage, Burroughs, Campbell, Case, Chaffee, Chapman, Clark READY, Jones, Wright, ZOLLIOOFFER, 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, Bopkins-18. Total, 112.

Foster, Giddings, Gilman, Gooch, Goodwin, Granger, AbsentCaruthers (Mo.)

Groesbeck; Grow, Hall (Mass.), Harlan, Harris (Md.),

Harris, (III.), Haskin, Hickman, Hoard, Horton, Howard, RECAPITULATION.

Kellogg, Kelsey, Kaapp, Lawrence, Leiter, Lovejoy, MarYeas.

shall (Ky.) Marshall (Ill.), Matteson, Montgomery, MorRepublicans, 92 ; Democrats, 22 ; Americans, 6. Total gan, Norrill, Morris (Penn.,) Morris' (III.), Morse (Me.), -120.

Morse (N. Y.), Mott, Murray, Nichols, Palmer, Pettit, Naye.

Pike, Potter, Pottle, Purviance, Ricaud, Ritchie, RobDemocrats, 104; Americans, 8. Total-112.

bins, Royce, Shaw (III.), Sherman (Ohio), Sherman The bill having been returned to the Senate (N. Y.), Smith (III.), Spinner, Stanton, Stewart (Penn.), on the second day of April, Mr. Green moved bridge, Waldron, Walton, Washburne (IIL), Washburne

Tappan, Thompson, Tompkins, Underwood, Wade, Walto 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, Cols 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, 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, of the Senate; and Messrs. William II. 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 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 conférence committee, Yeas, tions), Messrs. Soward of the Senate, and How30, Nays, 24-the Nays being the same as the ard, 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. On nents 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, into the Union.- Whereas, the people of the Territory

Act for the when Mr. Montgomery, of Pa., moved that the of Kansas did, by a convention of delegates assembled House insist on its adherence, which he do- I at Lecompton on the 7th day of Nov., 1857, for that pwa

[ocr errors]

pose, form for themselves a constitution and State | held that the people of Kansas do not desire admisston into government, which constitution is republican; and the Union with said Constitution under the conditions gef acherea-s, at the same time and place, said convention forth in said proposition: and in that event the people of did adopt an ordinance, which said ordinance asserts i said Territory are hereby authorized and empowered to that Kansas, when admitted as a State, will have an un- form for themselves a Constitution and State Government, doubted right to tax the lands within her limits belong by the name of the State of Kansas, according to the Feding to the United States, and proposes to relinquish said eral Constitution, and may elect delegates for that purpose asserted right if certain conditions set forth in said or whenever, and not before, it is ascertained by a census dinance be accepted and agreed to by the Congress of duly and legally taken, that the population of said Terri the United States; and whereas, the said constitution tory equals or exceeds the ratio of representation required and ordinance have been presented to Congress by order for a member of the House of Representatives of the Conof said convention, and admission of said Territory into gress of the United States; and whenever thereafter such the Union thereon'as a State requested ; and whereas, delegates shall assemble in Convention, they shall first desaid ordinance is not acceptable to Congress, and it is termine by a vote whether it is the wish of the people of desirable to ascertain whether the people of Kansas the proposed State to be admitted into the Union at that concur in the changes in said ordinance, hereinafter time; and, if so, shall proceed to form a Constitution, and siated, and desire admission into the Union as a State take all necessary steps for the establishment of a State as herein proposed: Therefore,

Government, in conformity with the Federal Constitution, Be it enacted, etc., That the State of Kansas be, and subject to suchlimitations and restrictions as to the mode and is hereby admitied into the Union on an equal footing manner of its approval or ratification by the people of the with the original States, in all respects whatever, but proposed State as they may have prescribed by law, and upon this fundamental condition precedent, namely: shall be entitled to admission into the Union as a State un. That the question of admission with the following pro- der such Constitution, thus fairly and legally made, with or position, in lieu of the ordinance framed at Lecompton, without Slavery, as said Constitution may prescribe. be submitted to a vote of the people of Kansas, and $ 2. And be it further enacted, That for the pur. aesented to by them or a majority of the voters voting pose of insuring, as far as possible, that the elections au : at an election to be held for that purpose, namely : thorized by this act may be fair and free, the Governor, That the following propositions be, and the same are United States District Attorney, and Secretary of the Ter: hereby offered to the people of Kansas for acceptance ritory of Kansas, and the presiding officers of the two or rejection, which, if accepted, shall be obligatory on branches of its Législature, namely, the President of the the United States and upon the said State of Kansas, to Council and the Speaker of the House of Representatives, wit: First, That sections mumber sixteen and thirty- are hereby constituted a board of Commissioners to carry six in every township of public lands in said State, or into effect the provisions of this act, and to use all the where either of said sections or any part thereof has means necessary and proper to that end. And three of been sold or otherwise disposed of, other lands equiva- them shall constitute a board; and the board shall have lent thereto, and as contiguous as may be, shall be power and authority to designate and establish precincts granted to said State for the use of schools. Second, for voting or to adopt those already established ; to cause That seventy-two sections of land shall be set apart and polls to be opened at such places as it may deem proper in reserved for the support of a State University, to be the respective counties and election precincts of said Terselected by the Governor of said State, subject to the ritory; to appoint as judges of election at each of the approval of the Commissioners of the General Land several places of voting, three discreet and respectable Office, and to be appropriated and applied in such man- persons, any two of whom shall be competent to act; to ner as the legislature of said State may prescribe for require the sheriffs of the several counties, by themselver the purpose aforesaid, but for no other purpose. Third, or deputies, to attend the judges at each of the places of That ten entire sections land, to be selec by the voting, for the purpose of preserving peace and good or. Governor of said State, in legal subdivisions, shall be der; or the said board may, instead of said sheriffs and granted to said State for the purpose of completing the their deputies, appoint at their discretion, and in such in. public buildings, or for the erection of others at the seat stances as they may choose, other fit persons for the same of government, under the d rection of the legislature purpose. The election hereby authorized shall continue thereof. Fourth, Tbat all salt springs within said State, one day only, and shall not be continued later than sun not exceeding twelve in number, with six sections of down on that day. The said board shall appoint the day land adjoining, or as contiguous as may be to each, for holding said election, and the said Governor shall an shall be granted to said State for its use, the same to be nounce the same by proclamation; and the day shall be selected by the Governor thereof, within one year after as early a one as is consistent with due notice thereof to the admission of said State; and, when so selected, to be the people of said Territory, subject to the provisions of used or disposed of on such terms, conditions and regu- this act. The said board shall have full power to prescribe lations as the legislature may direct: Provided, That the time, manner, and place of said election, and to direct po salt spring or land, the right whereof is now vested the time (within) which returns shall be made to the said in any individual or individuals, or which may hereafter board, whose dúty it shall be to announce the result by be confirmed or adjudged to any individual or indivi- proclamation, and the said Governor shall certify the same duals, shall by this article be granted to said State to the President of the United States without delay. Fifth, That five per centum of the net proceeds of sales $ 8. And be it further enacted, That in the election of all public lands lying within said State which shall be hereby authorized, all white male inhabitants of said Tersold by Congress after the admission of said State into ritory, over the age of twenty-one years, who possess the the Union, after deducting all the expenses incident to qualifications which were required by the laws of said Terthe same, shall be paid to said State for the purpose of ritory for a legal voter at the last general election for the making public roads and internal improvements, as the members of the Territorial Legislature, and none others, legislature shall direct: Provided, The foregoing pro- shall be allowed to vote; and this shall be the only qualifipositions herein offered are on the condition that said cation required to entitle the voter to the right of suffrage State of Kansas shall never interfere with the primary in said election. And if any person not so qualified shall disposal of the lands of the United States, or with any vote or offer to vote, or if any person shall vote more than regulations which Congress may find necessary for once at said election, or shall make, or cause to be made, securing the title in said soil to bona fide purchasers any false, fictitious, or fraudulent returns, or shall alter or thereof, and that no tax shall be imposed on lands be change any returns of said election, such person shall, uplonging to the United States, and that in no case shall on conviction thereof before any court of competent jurisnon-resident proprietors be taxed higher than residents. diction, be kept at hard labor not less than six months and Sixth, And that said State shall never tax the lands or not more than three years. property of the United States in that State.

§ 4. And be it further enacted, That the members At the said election the voting shall be by ballot, and by of the aforesaid board of commissioners, and all persons indorsing on his ballot, as each voter may be pleased, appointed by them to carry into effect the provisions of “Proposition accepted,” or “ Proposition rejected." this act, shalí, before entering upon their duties, take an Should a majority of the votes cast be for “Proposition ac- oath to perform faithfully the duties of their respective cepted,” the President of the United States, as soon as the offices : and on failure thereof, they shall be liable and fact is duly made known to him, shall announce the same subject to the same charges and penalties as are provided by proclamation; and thereafter, and without any further in like cases under the Territorial laws, proceedings on the part of Congress, the admission of the § 5. And be it further enacted, That the officers State of Kansas into the Union upon an equal footing with mentioned in the preceding section shall receive for their the original states in all respects whatever shall be com- services the same compensation as is given for like services plete and absolute; and said State shall be entitled to one under the Territorial laws. inember in the House of Representatives in the Congress The vote in the Senate, on agreeing to the Conference Comof the United States until the next census be taken by the mittee's Report, stoodYeas, 80; Nays, 22; as follows: Federal Government. But should a majority of the votes Yeas.-Messrs. Allen, Bayard, Benjamin, Bigler, Biggs, cast be for “ Proposition rejected," it shall be deemed and Bright, Brown, Clay, Davis. Evans, Fitzpatrick, Green,

« PreviousContinue »