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A Compilation of the Messages and Papers of the Presidents - Volume 5, part 4: James Buchanan by James D. (James Daniel) Richardson
page 39 of 438 (08%)
and whenever the number of their inhabitants justifies it, to form a
constitution with or without slavery and be admitted into the Union upon
terms of perfect equality with the other States."

The convention to frame a constitution for Kansas met on the first
Monday of September last. They were called together by virtue of an
act of the Territorial legislature, whose lawful existence had been
recognized by Congress in different forms and by different enactments.
A large proportion of the citizens of Kansas did not think proper to
register their names and to vote at the election for delegates; but an
opportunity to do this having been fairly afforded, their refusal to
avail themselves of their right could in no manner affect the legality
of the convention.

This convention proceeded to frame a constitution for Kansas, and
finally adjourned on the 7th day of November. But little difficulty
occurred in the convention except on the subject of slavery. The truth
is that the general provisions of our recent State constitutions are
so similar and, I may add, so excellent that the difference between
them is not essential. Under the earlier practice of the Government no
constitution framed by the convention of a Territory preparatory to its
admission into the Union as a State had been submitted to the people.
I trust, however, the example set by the last Congress, requiring that
the constitution of Minnesota "should be subject to the approval and
ratification of the people of the proposed State," may be followed on
future occasions. I took it for granted that the convention of Kansas
would act in accordance with this example, founded, as it is, on correct
principles, and hence my instructions to Governor Walker in favor of
submitting the constitution to the people were expressed in general and
unqualified terms.
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