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
before its population shall have reached the designated number. Nor is
it to be presumed that after their sad experience in resisting the
Territorial laws they will attempt to adopt a constitution in express
violation of the provisions of an act of Congress. During the session
of 1856 much of the time of Congress was occupied on the question of
admitting Kansas under the Topeka constitution. Again, nearly the whole
of the last session was devoted to the question of its admission under
the Lecompton constitution. Surely it is not unreasonable to require the
people of Kansas to wait before making a third attempt until the number
of their inhabitants shall amount to 93,420. During this brief period
the harmony of the States as well as the great business interests of the
country demand that the people of the Union shall not for a third time
be convulsed by another agitation on the Kansas question. By waiting for
a short time and acting in obedience to law Kansas will glide into the
Union without the slightest impediment.

This excellent provision, which Congress have applied to Kansas, ought
to be extended and rendered applicable to all Territories which may
hereafter seek admission into the Union.

Whilst Congress possess the undoubted power of admitting a new State
into the Union, however small may be the number of its inhabitants,
yet this power ought not, in my opinion, to be exercised before the
population shall amount to the ratio required by the act for the
admission of Kansas. Had this been previously the rule, the country
would have escaped all the evils and misfortunes to which it has been
exposed by the Kansas question.

Of course it would be unjust to give this rule a retrospective
application, and exclude a State which, acting upon the past practice
of the Government, has already formed its constitution, elected its
legislature and other officers, and is now prepared to enter the Union.

The rule ought to be adopted, whether we consider its bearing on the
people of the Territories or upon the people of the existing States.
Many o