and held that the people of Kansas do not desire admission into the
Union with said constitution under the conditions set forth in said
proposition," In that event the act authorizes the people of the
Territory to elect delegates to form a constitution and State government
for themselves "whenever, and not before, it is ascertained by a census,
duly and legally taken, that the population of said Territory equals or
exceeds the ratio of representation required for a member of the House
of Representatives of the Congress of the United States." The delegates
thus assembled "shall first determine by a vote whether it is the wish
of the people of the proposed State to be admitted into the Union at
that time, and, if so, shall proceed to form a constitution and take
all necessary steps for the establishment of a State government in
conformity with the Federal Constitution." After this constitution shall
have been formed, Congress, carrying out the principles of popular
sovereignty and nonintervention, have left "the mode and manner of its
approval or ratification by the people of the proposed State" to be
"prescribed by law," and they "shall then be admitted into the Union as
a State under such constitution, thus fairly and legally made, with or
without slavery, as said constitution may prescribe."

An election was held throughout Kansas, in pursuance of the provisions
of this act, on the 2d day of August last, and it resulted in the
rejection by a large majority of the proposition submitted to the people
by Congress. This being the case, they are now authorized to form
another constitution, preparatory to admission into the Union, but not
until their number, as ascertained by a census, shall equal or exceed
the ratio required to elect a member to the House of Representatives.

It is not probable, in the present state of the case, that a third
constitution can be lawfully framed and presented to Congress by Kansas