and there to cast their ballots for members of a constitutional convention, to meet at Topeka on the 4th Tuesday of October then next.
The proclamation designated the places of elections, appointed judges, recited the qualifications of voters and the apportionment of members of the convention.
After this proclamation was issued, public meetings were held in every district in the territory, and in nearly every precinct. The state movement was a general topic of discussion throughout the territory, and there was but little opposition exhibited to it. Elections were held at the time and places designated, and the returns were sent to the executive committee.
The result of the election was proclaimed by the executive committee, and the members elect were required to meet on the 23d day of October, 1855, at Topeka. In pursuance of this proclamation and direction, the constitutional convention met at the time aud place appointed, and formed a state constitution. A memorial to congress was also prepared, praying for the admission of Kansas into the Union under the constitution. The convention also provided that the question of the adoption of the constitution and other questions be submitted to the people, and required the executive committee to take the necessary steps for that purpose.
Accordingly, an election was held for that purpose on the 15th day of December, 1855, in compliance with the proclamation issued by the executive committee. The returns of this election were made to the executive committee, exhibiting the following result: For the adoption of the constitution, 1731; against it, 46.
The executive committee then issued a proclamation reciting the results of the election of the 15th of December, and at the same time provided for an election to be held on the 15th day of January, 1856, for state officers and members of the general assembly of the state of Kansas. The result of this election was announced by a proclamation by the executive committee.
In accordance with the constitution thus adopted, the members of the state legislature and most of the state officers met on the day and at the place designated by the state constitution, and took the oath therein prescribed.
After electing United States senators, passing some preliminary laws, and appointing a codifying committee and preparing a memorial to congress, the general assembly adjourned to meet on the 4th day of July, 1856.
The laws passed were all conditional upon the admission of Kansas as a state into the Union. These proceedings were regular, and, in the opinion of your committee, the constitution thus adopted fairly expresses the will of the majority of the settlers. They now await the action of congress upon their memorial.
These elections, whether they were conducted in pursuance of law or not, were not illegal.
Whether the result of them is sanctioned by the action of congress, or they are regarded as the mere expression of a popular will, and congress should re fuse to grant the prayer of the memorial, that cannot affect their legality. The
