Page images
PDF
EPUB

vices the same compensation as is given for like servic under the Territorial laws.

$7. And be it further enacted, That the said State Kansas, when her admission as a State becomes compl and absolute, shall be entitled to one member in House of Representatives, in the Congress of the Uni States, till the next census be taken by the Federal G ernment.

the President of the Council and Speaker of the House of | Representatives, are hereby constituted a board of commissioners to carry into effect the provisions of this act, and to use all the means necessary and proper to that end. Any three of them shall constitute a Board; and the board shall have power and authority, in respect to each and all of the elections hereby authorized or provided for, to designate and establish precincts for voting, or to adopt those already established; to cause polls to § 8. And be it further enacted, That the follow be opened at such places as it may deem proper in the re- propositions be, and the same are hereby offered to spective counties and election precincts of said Territory; said people of Kansas for their free acceptance or rej to appoint, as judges of election at each of the several tion, which, if accepted, shall be obligatory on the Uni places of voting, three discreet and respectable persons, States and upon the said State of Kansas, to wit: Fir any two of whom shall be competent to act; to require the That the sections numbered sixteen and thirty-six Sheriffs of the several counties, by themselves or deputies, every township of public lands in said State, and whe to attend the judges at each of the places of voting, for either of said sections, or any part thereof has been s the purpose of preserving peace and good order, or the or otherwise disposed of, other lands equivalent there said Board may, instead of said Sheriffs and their deputies, and as contiguous as may be, shall be granted to s appoint, at their discretion, and in such instances as they State for the use of schools. Second, That seventy-t may choose, other fit persons for the same purpose; and sections of land shall be set apart and reserved for t when the purpose of the election is to elect delegates to a use and support of a State University, to be selected Convention to form a Constitution, as hereinbefore pro- the Governor of said State, subject to the approval vided for, the number of delegates shall be sixty, and the Commissioner of the General Land Office, and to they shall be apportioned by said Board among the appropriated and applied in such manner as the Leg several counties of said Territory, according to the num lature of said State may prescribe for the purpose afo ber of voters; and in making this apportionment, the said, but for no other purposes. Third, That ten ent Board may join two or more counties together to make sections of land, to be selected by the Governor of sa an election or representative district, where neither of State, in legal subdivisions, shall be granted to said Sta the said counties has the requisite number of voters to for the purpose of completing the public buildings, or entitle it to a delegate, or to join a smaller to a larger the erection of others at the seat of government, und county having a surplus population, where it may serve the direction of the Legislature thereof. Fourth, Th to equalize the representation. The elections hereby all salt springs within said State, not exceeding twelve authorized shall continue one day only, and shall not be number, with six sections of land adjoining, or as contig continued later than sundown on that day. The said ous as may be to each, shall be granted to said State Board shall appoint the day of election for each of the its use; the same to be selected by the Governor there elections hereby authorized, as the same may become within one year after the admission of said State, a necessary. The said Governor shall announce, by pro- when so selected, to be used or disposed of on su clamation, the day appointed for any one of said elections, terms, conditions and regulations as the Legislature sh and the day shall be as early a one as is consistent with direct: Provided, That no salt springs or land the rig due notice thereof to the people of said Territory, subject whereof is now vested in any individual or individua to the provisions of this act. The said Board shall have or which may be hereafter be confirmed or adjudged full power to prescribe the time, manner and places of any individual or individuals, shall by this article each of said elections, and to direct the time and manner granted to said State. Fifth, That five per centum of the returns thereof, which returns shall be made to the the net proceeds of sales of all public lands lying with said Board, whose duty it shall be to announce the result said States, which shall be sold by Congress after the a by proclamation, and to appoint therein as early a day mission of said State into the Union, after deducting as practicable for the delegates elected (where the election the expenses incident to the same, shall be paid to sa has been for delegates) to assemble in Convention at the State, for the purpose of making public roads and inte seat of Government of said Territory. When so assembled, nal improvements, as the Legislature shall direct: P the Convention shall first determine, by a vote, whether vided, The foregoing propositions hereinbefore offer it is the wish of the proposed State to be admitted into the are on the condition that the people of Kansas shall p Union at that time; and if so, shall proceed to form a vide, by an ordinance, irrevocable without the conse Constitution, and take all necessary steps for the estab- of the United States, that said State shall never interfe lishment of a State Government, in conformity with the with the primary disposal of the soil within the same. Federal Constitution, subject to the approval and ratifica- the United States, or with any regulations C.ngress m tion of the people of the proposed State. And the said find necessary for securing the title in said soil to bo Convention shall accordingly provide for its submission fide purchasers thereof, and that no tax shall be impos to the vote of the people for approval or rejection; and on lands belonging to the United States, and that in if the majority of votes shall be given for the Constitution case shall non-resident proprietors be taxed higher th so framed as aforesaid, the Governor of the Territory residents. Sixth: And that the said State shall nev shall, within twenty days after the result is known, notify tax the lands or the preperty of the United States in t the President of the United States of the same. And State: Provided however, That nothing in this act thereupon the President shall announce the same by pro-admission shall be so construed as to ratify or accept t clamation, and thereafter, and without any further pro- ordinance attached to said Constitution; but said ord ceedings whatever on the part of Congress, the admission nance is hereby rejected by the Government of the U of 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.

84. And be it further enacted, That in the elections hereby authorized, all white male inhabitants of said Territory over the age of twenty-one years, who are legal voters under the laws of the Territory of Kansas, and none others, shall be allowed to vote; and this shall be the only qualification required to entitle the voter to the right of suffrage in said elections. And if any person not so qualified shall vote or offer to vote, or if any person shall vote more than once at either of said elections, or shall make, or cause to be made, any false, fictitious or fraudulent returns, or shall alter or change any returns of either of said elections, such person shall, upon conviction thereof before any court of competent jurisdiction, be kept at hard labor not less than six months, and not more than three years.

$5. And be it further enacted, That the members of the aforesaid Board of Commissioners, and all persons, appointed by them to carry into effect the provisions of this act, shall, before entering upon their duties, take an oath to perform faithfully the duties of their respective offices; and on failure thereof, they shall be liable and subject to the same charges and penalties as are provided n like cases under the Territorial laws.

86. And be it further enacted, That the officers mentioned in the preceding section shall receive for their ser

The following are the Yeas and Nays:

YEAS TO AMEND OR SUBSTITUTE.
CALIFORNIA.-McKibbin-1.
CONNECTICUT.-Clark, Dean-2.
ILLINOIS.-Elihu Washburne. Farnsworth, Lovej
Kellogg, Morris, Harris, Shaw, Robert Smith, Sam.

Marshall-9.

Colfax, Case, Pettit-8.
INDIANA.-English, Foley, Kilgore, J. G. Davis, Wils

Iowa.-Curtis, T. Davis-2.
KENTUCKY.-UNDERWOOD, HUMPHREY MARSHALL-2.
burne, Foster-6.
MAINE.-Wood, Gilman, Abbott, Morse, I. Wa

MARYLAND.-RICAUD, J. M. HARRIS, H. WINTER DAVIS
Burlingame, Davis, Gooch, Knapp, Thayer, Chi
MASSACHUSETTS.-Hall, Buffinton, Damrell, Comi
Dawes-11.

MICHIGAN.-Howard, Waldron, Walbridge, Leach-
MISSOURI.-Blair-1.

NEW-HAMPSHIRE.-Pike, Tappan, Cragin 3.
NEW-JERSEY.- -Clawson, Robbins, Adrain-8.
NORTH CAROLINA.-GILMER-1.

Olin, Dodd, Palmer, Spinner, Clark B. Cochra
New-YORK.-Haskin, H. F. Clark, Murray, Thomps
Morse, Matteson, Bennett, Goodwin, Hourd, Grang

OHIO.-Pendleton, Groesbeck, Campbell, Nichols,
Mott, Cockerill, Harlan, Stanton, Hall, Horton, Cox,
Sherman, Bliss, Tompkins, Lawrence, Leiter, Wade,
Giddings, Bingham—19.
PENNSYLVANIA.-E. J. Morris, Owen Jones, Hickman,
Roberts, Kunkel, Grow, Edie, Covode, Montgomery,
Ritchie, Purviance, Stewart, Dick, Chapman.-14.
RHODE ISLAND.-Durfee, Brayton-2.
VERMONT.-Walton, Morrill, Royce-3.

Morgan, Pottle, Parker, Kelsey, Andrews, Sherman, | manded the previous question The call for the Burroughs, Fenton-23. previous question was lost by the casting vote of the Speaker: 108 to 108. Very much to the surprise of the House, Mr English, of Indiana, who had acted with the Anti-Lecompton party up to this time, moved that the House agree to a Conference Committee, and that a committee of three be appointed by the Speaker to meet a similar committee of the Senate, and on this he called for the previous question, which was ordered. The Yeas and

WISCONSIN.-Potter, C. C. Washburne, Billinghurst 8-Total, 120.

NAYS.

ALABAMA. Stallworth, Shorter, Dowdell, Moore, Hous-Nays were called, and the vote stood 108 to

ton, Cobb, Curry-7.

ARKANSAS.-Greenwood, Warren-2.

CALIFORNIA.-Scott-1.

[blocks in formation]

DELAWARE.-Whiteley-1.
FLORIDA.-Hawkins-1.

108: the Speaker voting in the affirmative, Mr. English's proposition was agreed to. The Yeas and Nays were as follows:

YEAS. Messrs. Ahl, Anderson, Atkins, Avery, Barksdale, Bishop, Bocock, Bonham, Bowie, Boyce, Branch,

GEORGIA.-Seward, Crawford, TRIPPE, Gartrell, Wright, Bryan, Burnett, Burns, Caruthers, Caskie, Clark (Mo.), Jackson, HILL, Stephens-8.

INDIANA-Niblack, Hughes, Gregg-3.
KENTUCKY.-Burnett, Peyton, Talbott, Jewett, Elliott,
Clay, Mason, Stevenson-8.

LOUISIANA.-EUSTIS, Taylor, Davidson, Sandidge—4.
MARYLAND.-Stewart, Kunkel, Bowie-3.
MISSOURI. ANDERSON, Clark, Craig, Woonson, Phelps

-5.

MISSISSIPPI.-Lamar, R. Davis, Barksdale, Singleton,

Quitman-5.

NEW-JERSEY.-Huyler, Wortendyke-2.

NORTH CAROLINA.-Shaw, Ruffin, Winslow, Branch,
Scales, Craige, Clingman-7.

New-YORK.-Searing, Taylor, Sickles, Kelly, Maclay,
John Cochrane, Ward, Russell, Corning, Hatch-10.
OHIO.-Miller, Burns-2.

PENNSYLVANIA.-Florence, Landy, Phillips, Glancy Jones, Leidy, Dimmick, White, Ahl, Gilis, Reilly, Dewart-11.

SOUTH CAROLINA.-McQueen, Miles, Keit, Bonham,
Boyce-5.

TENNESSEE.-Watkins, MAYNARD, S. A. Smith, Savage,
READY, Jones, Wright, ZOLLICOFFER, Atkins, Avery-10.
TEXAS.-Bryan, Reagan-2.
VIRGINIA. Garnet, Millson, Caskie, Goode, Bocock,
Powell, Smith, Faulkner, Letcher, Clemens, Jenkins, Ed-
mundson, Hopkins-13. Total, 112.
Absent-Caruthers (Mo.)

RECAPITULATION.

Yeas.

Clay, Clemens, Clingman, Cobb, John Cochrane, Craig (Mo.), Craige (N. C.), Crawford, Curry, Davidson, Davis (Miss.), Dewart, Dowdell, Edmundson, Elliot, English, Eustis, Faulkner, Florence, Garnett, Gartrell, Goode, Greenwood, Gregg, Hall (Ohio), Hatch, Hawkins, Hill, Hopkins, Houston, Hughes, Jackson, Jenkins, Jewett, Jones (Tenn.), J. Glancy Jones, Owen Jones, Keitt, Kelly, Kunkel (Md.), Lamar, Landy, Leidy, Letcher, Maclay, McQueen, Mason, Maynard, Miles, Miller, Millson, Moore, Niblack, Orr, Pendleton, Peyton, Phelps, Phillips, Powell, Quitman, Ready, Reagan, Ruffin, Russell, Sandidge, Savage, Scales, Scott, Searing, Seward, Shaw (N. C.), Shorter, Singleton, Smith (Tenn.), Smith (Va.), Stallworth, Stephens, Stevenson, Stewart (Md.), Talbott, Taylor (N. Y.), Trippe, Ward, Warren, Watkins, White, Winslow, Woodson, Wortendyke, Wright (Ga.), Wright (Tenn.), Zollicoffer-109.

[The four in italics had hitherto voted anti-Lecompton.]

NAYS.-Messrs. Abbott, Andrews, Bennett, Billinghurst, Bingham, Blair, Bliss, Brayton, Buffinton, Burlingame, Burroughs, Campbell, Case, Chaffee, Chapman, Clark Conn.), Clark (N. Y.), Clawson, Cockerill, Colfax, Comins, Covode, Cox, Cragin, Curtis, Damrell, Davis (Md.), Davis (Ind.), Davis (Mass.), Davis (Iowa), Dawes, Dean, Dick, Dodd, Durfee, Edie, Farnsworth, Fenton, Foley, Foster, Giddings, Gilman, Gooch, Goodwin, Granger, Groesbeck, Grow, Hall (Mass.), Harlan, Harris (Md.), Harris, (III.), Haskin, Hickman, Hoard, Horton, Howard, Kellogg, Kelsey, Knapp, Lawrence, Leiter, Lovejoy, Marshall (Ky.) Marshall (Ill.), Matteson, Montgomery, MorMorse (N. Y.), Mott, Murray, Nichols, Palmer, Pettit, Pike, Potter, Pottle, Purviance, Ricaud, Ritchie, Robbins, Royce, Shaw (Ill.), Sherman (Ohio), Sherman (N. Y.), Smith (Ill.), Spinner, Stanton, Stewart (Penn.), Tappan, Thompson, Tompkins, Underwood, Wade, Walbridge, Waldron, Walton, Washburne (III.), Washburne (Me.), Wilson, Wood-108.

Republicans, 92; Democrats, 22; Americans, 6. Total gan, Morrill, Morris (Penn.,) Morris (Ill.), Morse (Me.),

-120.

Nays.

Democrats, 104; Americans, 8. Total-112.

The bill having been returned to the Senate on the second day of April, Mr. Green moved to disagree to the House amendment which motion was adopted: Yeas, 34, Nays, 22.

The following are the Nays:

Messrs. Broderick, Cameron, Chandler, Clark, Collamer, Crittenden, Dixon, Doolittle, Douglas, Fessenden, Foot, Foster, Hale, Hamlin, Harlan, King, Seward, Simmons, Stuart, Trumball, Wade, Wilson.

In the House of Representatives, on the 7th of April, Mr. Montgomery, of Pennsylvania, moved that the House adhere to its amend ment, which motion was carried, Yeas, 119, Nays 111-the vote being the same as on the adoption of the amendment, with the exception of Messrs. Marshall and Bowie, who paired off

and did not vote.

The following, not voting, had paired off:

Adrain with Huyler, Dimmick with McKibbin, Gillis with Roberts, Clark B. Cochrane with Sickles, Reilly with Thayer, Taylor (La.) with Kunkel (Pa.), Washburne (Wis.) with Arnold, Olin with Corning. Whiteley, absent.

The Committee of Conference was composed of Messrs. James S. Green, (Mo.), Robert M. T. Hunter, (Va), and William H. Seward, (N. Y), of the Senate; and Messrs. William H. English, (Ind.), Alexander H. Stephens, (Ga.), and William A. Howard, (Mich.), on the part of the House.

On the 23d of April, the Committee made their report (susceptible of various interpretations), Messrs. Soward of the Senate, and Howard, of the House, dissenting. After a running fight of a week between the friends and opponents of the new scheme, on the 30th of April, the report of the Committee was adopted by both branches of Congress. It was as follows:

On the 13th of April, the Senate voted to insist and ask for a conference committee, Yeas, 30, Nays, 24-the Nays being the same as the Nays on Mr. Green's motion to disagree, with the addition of Messrs. Bell and Sumner. On the following day, the House received a message from the Senate insisting on its disagreement and asking a committee of conference, into the Union. Whereas, the people of the Territory An Act for the Admission of the State of Kansas when Mr. Montgomery, of Pa., moved that the of Kansas did, by a convention of delegates assembled House insist on its adherence, or which he de-at Lecompton on the 7th day of Nov., 1857, for that pur

pose, form for themselves a constitution and State | held that the people of Kansas do not desire adinission government, which constitution is republican; and achereas, at the same time and place, said convention did adopt an ordinance, which said ordinance asserts that Kansas, when admitted as a State, will have an undoubted right to tax the lands within her limits belonging to the United States, and proposes to relinquish said asserted right if certain conditions set forth in said ordinance be accepted and agreed to by the Congress of the United States; and whereas, the said constitution and ordinance have been presented to Congress by order of said convention, and admission of said Territory into the Union thereon as a State requested; and whereas, said ordinance is not acceptable to Congress, and it is desirable to ascertain whether the people of Kansas concur in the changes in said ordinance, hereinafter stated, and desire admission into the Union as a State as herein proposed: Therefore,

Be it enacted, etc., That the State of Kansas be, and is hereby admitted into the Union on an equal footing with the original States, in all respects whatever, but upon this fundamental condition precedent, namely: That the question of admission with the following proposition, in lieu of the ordinance framed at Lecompton, be submitted to a vote of the people of Kansas, and aesented to by them or a majority of the voters voting at an election to be held for that purpose, namely: That the following propositions be, and the same are hereby offered to the people of Kansas for acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said State of Kansas, to wit: First, That sections mumber sixteen and thirtysix in every township of public lands in said State, or where either of said sections or any part thereof has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to said State for the use of schools. Second, That seventy-two sections of land shall be set apart and reserved for the support of a State University, to be selected by the Governor of said State, subject to the approval of the Commissioners of the General LandOffice, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose. Third, That ten entire sections of land, to be selected by the Governor of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the d rection of the legislature thereof. Fourth, That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use, the same to be selected by the Governor thereof, within one year after the admission of said State; and, when so selected, to be used or disposed of on such terms, conditions and regulations as the legislature may direct: Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall by this article be granted to said State. Fifth, That five per centum of the net proceeds of sales of all public lands lying within said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, The foregoing propositions herein offered are on the condition that said State of Kansas shall never interfere with the primary disposal of the lands of the United States, or with any regulations which Congress may find necessary for securing the title in said soil to bona fide purchasers thereof, and that no tax shall be imposed on lands belonging to the United States, and that in no case shall non-resident proprietors be taxed higher than residents. Sixth, And that said State shall never tax the lands or property of the United States in that State.

At the said election the voting shall be by ballot, and by indorsing on his ballot, as each voter may be pleased, "Proposition accepted," or "Proposition rejected." Should a majority of the votes cast be for "Proposition accepted," the President of the United States, as soon as the fact is duly made known to him, shall announce the same by proclamation; and thereafter, and without any further proceedings on the part of Congress, the admission of the Etate of Kansas into the Union upon an equal footing with the original States in all respects whatever shall be complete and absolute; and said State shall be entitled to one member in the House of Representatives in the Congress of the United States until the next census be taken by the Federal Government. But should a majority of the votes cast be for "Proposition rejected," it shall be deemed and!

the Union with said Constitution under the conditions
forth in said proposition: and in that event the people
said Territory are hereby authorized and empowered
form for themselves a Constitution and State Governm
by the name of the State of Kansas, according to the
eral Constitution, and may elect delegates for that purp
whenever, and not before, it is ascertained by a cer
duly and legally taken, that the population of said Te
tory equals or exceeds the ratio of representation requi
for a member of the House of Representatives of the C
gress of the United States; and whenever thereafter s
delegates shall assemble in Convention, they shall first
termine by a vote whether it is the wish of the people
the proposed State to be admitted into the Union at t
time; and, if so, shall proceed to form a Constitution,
take all necessary steps for the establishment of a St
Government, in conformity with the Federal Constitut
subject to suchlimitations and restrictions as to the mode
manner of its approval or ratification by the people of
proposed State as they may have prescribed by law,
shall be entitled to admission into the Union as a State
der such Constitution, thus fairly and legally made, with
without Slavery, as said Constitution may prescribe.
§ 2. And be it further enacted, That for the p
pose of insuring, as far as possible, that the elections
thorized by this act may be fair and free, the Govern
United States District Attorney, and Secretary of the
ritory of Kansas, and the presiding officers of the
branches of its Legislature, namely, the President of
Council and the Speaker of the House of Representativ
are hereby constituted a board of Commissioners to ca
into effect the provisions of this act, and to use all
means necessary and proper to that end. And three
them shall constitute a board; and the board shall ha
power and authority to designate and establish precin
for voting or to adopt those already established; to ca
polls to be opened at such places as it may deem proper
the respective counties and election precincts of said T
ritory; to appoint as judges of election at each of
several places of voting, three discreet and respecta
persons, any two of whom shall be competent to act;
require the sheriffs of the several counties, by themsel
or deputies, to attend the judges at each of the places
voting, for the purpose of preserving peace and good
der; or the said board may, instead of said sheriffs a
their deputies, appoint at their discretion, and in such
stances as they may choose, other fit persons for the sa
purpose. The election hereby authorized shall contin
one day only, and shall not be continued later than s
down on that day. The said board shall appoint the d
for holding said election, and the said Governor shall
nounce the same by proclamation; and the day shall
as early a one as is consistent with due notice thereof
the people of said Territory, subject to the provisions
this act. The said board shall have full power to prescr
the time, manner, and place of said election, and to dir
the time (within) which returns shall be made to the s
board, whose duty it shall be to announce the result
proclamation, and the said Governor shall certify the sa
to the President of the United States without delay.
§8. And be it further enacted, That in the elect
hereby authorized, all white male inhabitants of said 1
ritory, over the age of twenty-one years, who possess
qualifications which were required by the laws of said T
ritory for a legal voter at the last general election for
members of the Territorial Legislature, and none oth
shall be allowed to vote; and this shall be the only qual
cation required to entitle the voter to the right of suffr
in said election. And if any person not so qualified
vote or offer to vote, or if any person shall vote more t
once at said election, or shall make, or cause to be ma
any false, fictitious, or fraudulent returns, or shall alter
change any returns of said election, such person shall,
on conviction thereof before any court of competent ju
diction, be kept at hard labor not less than six months
not more than three years.

4. And be it further enacted, That the mem of the aforesaid board of commissioners, and all pers appointed by them to carry into effect the provisions this act, shall, before entering upon their duties, take oath to perform faithfully the duties of their respec offices and on failure thereof, they shall be liable subject to the same charges and penalties as are provi in like cases under the Territorial laws.

§ 5. And be it further enacted, That the offi mentioned in the preceding section shall receive for services the same compensation as is given for like serv under the Territorial laws.

The vote in the Senate, on agreeing to the Conference C mittee's Report, stood-Yeas, 80; Nays, 22; as follow

YEAS-Messrs. Allen, Bayard, Benjamin, Bigler, B Bright, Brown, Clay, Davis, Evans, Fitzpatrick, Gr

i

Gwin, Hammond, Houston, Hunter, Iverson, Johnson (Ark)
Johnson (Tenn.), Jones, Kennedy, Mallory, Mason, Polk,
Pugh, Sebastian, Thompson (N.J.), Toombs, Wright, Yulee.
NAYS.-Messrs. Broderick, Cameron, Chandler, Colla-
mer, Crittenden, Dixon, Doolittle, Douglas, Durkee,
Fessenden, Foot, Foster, Hale, Hamlin, Harlan, King,
Seward, Simmons, Stuart, Trumbull, Wade, Wilson.
PAIRED.-Bell with Pearce, Fitch with Sumner.
ABSENT.-Clark, Bates, Henderson, Reid, Thompson
(Ky.), Slidell.

In the House, on the final vote, among those who had voted against the original Lecompton Bill and who now supported the English scheme, were Gilmer, Am., of N. C., and the following Democrats, viz.: English and Foley, of Ind; Cockerill, Cox, Groesbeck, Hall, Lawrence and Pendleton, of Ohio; and Owen Jones, of Pa. Gen. Quitman, of Mississippi, and Mr. Bonham, of S. C., fire eaters, voted No, and the following members "paired off," viz.: Washburn (Wis.) with Arnold; Matteson with Reuben Davis; Purviance with Dimmick; Morrill with Faulkner; Horton with Hill; J. C. Kunkel with Miles Taylor; Montgomery with Warren; Thompson with Stewart (Md.); and Wood with George Taylor.

retaining as a part of the new State the western gold region about Pike's Peak, which was beginning to attract great numbers of immi grants; for the exclusion from the State of free negroes, and for the prohibition of bank issues, but had been defeated as to all these points.

By the Constitution, as adopted, the boundaries of the new State were declared to be the State of Missouri on the east, the 37th parallel of north latitude on the south, the 41st parallel of north latitude on the north, and the 23d meridian of longitude west from Washington on the west. The western boundary cuts off the Pike's Peak region and the desert which bounds it on the east, and limits the new State to the habitable eastern portion of the Territory, embracing an area of some sixty thousand In accordance with this act of Congress, square miles. The Executive is to consist of a the people of Kansas went into an election on Governor, Secretary of State, Auditor, Attor the 3d of August, 1858. Notwithstanding the ney-General, and Superintendent of Public liberal offers in regard to donations to Kansas Schools, to be chosen by the people, and to of public lands, in this bill, and the threat that serve for two years. The House of Represenif the people did not accept a State Government tatives is to consist of seventy-five members, to with the Lecompton Constitution, they should serve one year, and the Senate of twenty-five not be permitted to come in as a State with Senators, to serve two years, the numbers to be any Constitution, till they should have a full regulated by law, but never to exceed one population of 93,340, still, the Lecompton Con-hundred Representatives, and thirty-three Senastitution was again rejected by more than ten tors. The pay is to be three dollars a day and thousand majority. This may be regarded as the final disposition of this famous Constitution. From first to last, it had been the cause or the subject of more speeches in Congress than any measure ever brought before that body.

THE WYANDOT CONSTITUTION.

fifteen cents per mile travel. All bills must originate with the House, and no act can include more than one subject. The Supreme Court is to consist of three Judges, to be chosen by the people, to hold office for six years, one to go out every two years. There are to be five District Judges, to be chosen by The Territorial Legislature passed an act the people of their respective districts, and to (Feb. 11, 1859) to refer the question to the serve for four years. Each county is to choose people of a new Constitutional Convention, the a Judge of Probate, to serve for two years, election to be held on the first Tuesday in and each township is to choose Justices of the March, 1859. The election was held, and Peace, to serve also for two years. Elections resulted in a majority of 3,881 in favor of a are to be by ballot. Every white male adult Convention. This result being ascertained, the who is a citizen of the United States, or who has Governor issued his proclamation for an elec- declared his intention to become one, having tion of delegates. The old party organizations been a resident in the State for six months, and were now abandoned, and those of Republicans in the precinct for thirty days, is entitled to vote. and Democrats substituted, and it was on this The State is prohibited from becoming a basis that the canvass for the election of dele-party in carrying on any work of internal imgates proceeded. The Convention was to provement, nor can any debt, to exceed a milconsist of fifty-two delegates. The Democrats lion of dollars, be contracted, unless the quesproclaimed themselves disciples of Mr. Douglas tion be previously submitted to, and the debt and his Territorial Sovereignty_doctrine, and decidedly opposed to making Kansas a Slave State. The Leavenworth district, where, through its contractors for army supplies, the Government exercised a great influence, and which from its population was entitled to ten delegates, elected the Democratic ticket, not, however, without the aid of fraudulent votes. But the Republicans, by their predominance in other parts of the Territory, succeeded in securing a majority in the Convention of thirty-of 500,000 acres of land, to meet the claims five to seventeen.

authorized by, a popular vote; and in all cases a special tax must be levied sufficient to pay the interest and provide a sinking fund adequate to meet the principal when it becomes due. All corporations, banks included, must be established under general laws only, and the corporators made liable to twice the amount of their stock. The sale of lottery tickets is prohibited, The schedule annexed to the Constitution claimed of Congress $500,000, or in lieu there

audited to nearly that amount for losses in The Convention met at Wyandot on the 5th curred by citizens of Kansas during the late of July, and adjourned on the 27th of the same troubles. The Commissioners had declined to month, after adopting a Constitution by a vote entertain the claim of the New-England Emiof thirty-four to thirteen, all the Democrats grant Aid Society, to the amount of $25,000, present voting against it and refusing to sign for the destruction of their hotel at Lawrence, it. They had strenuously contended, in the on the ground that they had no authority to Convention, for the annexation to Kansas of act on any claims except those presented by that part of Nebraska south of the Platte; for citizens of Kansas, and the Convention de

sioners.

clined to go beyond the report of the Commis- | DAVIS, Edmundson, English (Indiana), Garnett, Gar troll, GILMER, Hamilton, HARDEMAN, John T. Harris, Hawkins, HILL, Hindman, Houston, Hughes JackA grant is asked from Congress of 4,550,000 son, Jenkins, Jones, Keitt, Lamar, JAMES M. LEACH, acres of land for internal improvements, also Leake, Love, MALLORY, MAYNARD, McQueen, McRae, the swamp lands of the State to be appropriated | Miles, Millson, LABAN T. MOORE, Sydenham Moore, NELSON, Noell, Pugh, QUARLES; Reagan Ruffin, Scott (Cal.), as a school fund. Sickles (N. Y.), Simms, Singleton, Wm. Smith, W. N. H. SMITH, Stallworth, Stevenson, STOKES, Thomas, VANCE, Whitely, Winslow, Woodson.

Prefixed to the Constitution is a Bill of Rights, which includes a prohibition of Slavery. This Bill of Rights also provides that no person shall be incompetent to testify on account of his religious belief.

55

Democrats, in Itálics, (8 from Free States),
Americans, in SMALL CAPS (all from Slave States), 18

[merged small][ocr errors]

PAIRED D a vis (Indiana), with Phelps.
Sherman with HARRIS, of Md.
Wade with Peyton.

Somes with McClay (N.Y.)

Van Wyck with Underwood.
Burroughs with Dejarnette.

78

ABSENT UNPAIRED Davis (Mis.), Landrum, Martin,

By a provision of the schedule, this Constitution was submitted to a popular vote on the first Tuesday in October, which resulted in its ratification by the people by a majority of some four thousand. The Territorial election in November attracted but little interest from the general expectation of the admission of the State under the new Constitution. The RepubSenate, Feb. 21st. -Mr. Seward introduced a licans, however, succeeded in electing their bill for the admission of Kansas under the delegate to Congress and a majority of the Wyandotte Constitution. Legislature.

(Va.), Kunkel.

On the 5th June, this bill being under con

Mr. Wigfall, of Tex., explained his views. He declared he would not vote for the admission of this socalled State, under any circumstances. He objected to their moral character, and was not willing Texas should associate with such a State.

The first State Election under this Constitu-sideration, tion was held December 6, 1859, and resulted in the election of Charles Robinson (Rep.) as Governor by 2513 majority. Martin F. Conway (Rep.) for Congress by 2107 majority, and the entire Republican ticket for State officers by majorities ranging from 2000 to 2,500, also a Legislature which was Republican in both branches by very decided majorities.

Feb. 15-Mr. Grow introduced in the House, a bill to admit Kansas under the Wyandot Constitution. Referred to Committee on Territories, which (March 29th) reported (majority) through Mr. Grow in favor of admission.

April 11.-Mr. Grow demanded the Previous Question on the passage of the Bill, which was seconded, and the main question ordered. Mr. Barksdale, demanded the Yeas and Nays -ordered.

The question was then taken, and decided in the affirmative: Yeas, 134; Nays, 73, as follows: YEAS-Messrs. Chas. F. Adams, A drain, Aldrich, Allen, Alley, Ashley, Babbitt, Barr, Barrett, Beale, Bingham, Blair (Pa.), Blake, Brayton, BRIGGS, Buffinton, Burch, Burlingame, Burnham, Butterfield, Campbell, Carey, Carter, Case, Horace F. Clark, Clark B. Cochrane, John Cochrane, Colfax, Conkling, Cooper, Corwin, Covode, Cox, Curtis, Dawes, Delano, Duell, Dunn, Edgerton, Edwards, Elliot, Ely, ETHERIDGE, Farnsworth, Fenton, Ferry, Florence. Foster, Fouke, Frank, French, Gooch, Grow, Gurley, Hale, Hall, Haskin, Helmick, Hickman, Hoard, Holman, Howard (Ohio), Humphry, Hutchins, Irvine, Junkin, Francis W. Kellogg, William Kellogg, Kenyon, Kilgore, Killinger, Larrabee, De Witt C. Leach, Lee, Logan, Longnecker, Loomis, Lovejoy, Marston, Chas. D. Martin, McClernand, McKean, McKnight, McPherson, Wm. Montgomery, Moorehead, Morrill, Edward Joy Morris, Isaac N. Morris, Morse, Niblack, Nixon, Olin, Palmer, Pendleton, Perry, Pettit, Porter, Potter, Pottle, Rice, Riggs, Christopher Robinson, James C. Robin son, Royce, Schwartz, Scranton, Sedgwick, Spaulding, Spinner, Stanton, Stevens, Wm. Stewart, Stout, Stratton, Tappan, Thayer, Theaker, Tompkins, Train, Trimble, Vallandigham, Vandever, Verree, Waldron, Walton, C. C. Washburn, E. B. Washburne, Israel Washburn, WEBSTER, Wells, Wilson, Windom, Wood, Woodruff.

Republicans, in Roman,

Democrats (from Free States.), in Italics,
Anti-Lecompton Democrats, Roman spaced,
Americans, in SMALL CAPS,

103

Mr. Greene's amendment, to change the boundary (taking in Pike's Peak), was discussed by Mr. Wade, who said the effect of the amendment would be to defeat the bill.

Mr. Hunter moved to postpone the subject, and take up the Army bill.

Mr. Trumbull opposed the motion. He should keep the Kansas bill before the Senate till it was finally disposed of. It was more important than the appropriation bills, which appeared to be kept back in order to interrupt other important business.

Mr. Seward hoped the friends of Kansas would let a vote be taken, so that the responsibility might lie where it belonged.

The vote was taken by yeas and nays, and resulted, Yeas, 32; Nays, 27. It was a strict party vote, except that Messrs Pugh (Dem., Ohio) and Latham (Dem., Cal.) voted with the Republicans not to postpone. Mr. Kennedy (S. Am., Md.) voted with the Democrats. Messrs. Crittenden (S. Am., Ky.), Douglas, Clay, (Dem. Ala.), and Nicholson (Dem., Tenn) were absent. Messrs. Douglas and Clay were paired.

So the motion to postpone, and take up the Army bill prevailed.

Mr. Trumbull called attention to the fact that the

Thre

Senator from Pennsylvania (Bigler) desired to postpone
the Kansas bill because the Senate was not full.
vote showed that sixty votes had been cast, with two
paired off, showing the fullest vote of the session.

He said the effect of the vote just taken was equivalent to the defeat of the Kansas bill and the Senator from Pennsylvania must have known the effect of his vote.

the House had once defeated the Army bill, because it Mr. Wigfall desired to call attention to the fact that did not want the army used against the Black Republican thieves and murderers in Kansas.

June 7.-Mr. Wade, of Ohio, moved to take up the Kansas bill, which was lost-as follows:

YEAS-Messrs. Anthony, Bigler, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Hamlin, Harlan, King, Pugh, Seward, Simmons, Sumner, Ten Eyck. Trum bull, Wade, Wilkinson, Wilson, Republicans, 25; DemoCrats, (Bigler and Pugh) 2-27.

NAYS-Messrs. Bayard, Benjamiu, Bragg, Bright, Brown, Chesnut, Clingman, Davis, Fitch, Fitzpatrick, Greene, Gwin, Hammond, Hemphill, Hunter, Iverson, Johnson, (Tenn.) Lane, Latham, Mallory, Mason, Nichol son, Pearce, Polk, Powell, Rice, Sebastian, Slidell, Thomson, Toombs, Wigfall, Yulee.-82. [All Democrats.] Mr. Douglas was paired with Mr. Clay; Crittenden (Am.), with Johnson, of Ark., KenO. ANDERSON. Ashmore, Avery, Barksdale, Bocock, Bon-nedy and Saulsbury absent.

[ocr errors]

Total,.

22

6

8

184

NAYS-Messrs. GREEN ADAMS, Thos. L. Anderson, W.

ham, BOTELER, Boyce, BRABSON Branch, BRISTOW, Bur

nett, John B. Clark, Clopton, Cobb, James Craig, So both Houses adjourned and left Kansas Burton Craige, Crawford, Curry, Davidson, HENRY W still in the condition of a Territory.

« PreviousContinue »