A Minority of One, Part One

Felix Kirk Zollicoffer (KN-TN)

Felix Kirk Zollicoffer (KN-TN)

Majority Report: parts 1, 2, 3, 4, 5; Reports with the Kansas petition here.

 

Galusha Grow’s majority on the Committee of Territories, affirmed that the Congress should admit the free state government to the Union at once. The territorial government Congress had establish lost all legitimacy through “fraud and violence” and its “odious oppression in the form of legislative enactments”. The time had come for Congress to act in the name of peace, liberty, and “the remove the causes of civil war.”

Not everyone on the committee agreed, so the minority produced his own report. Felix Kirk Zollicoffer (Whig turned Know-Nothing, TN), who might just outdo Galusha Grow in the competition for most remarkable name, did not think Congress should leave Kansas a territory. No American should dwell forever in a territory. Congress should instead authorize a state constitutional convention. However, he denied that Kansas had languished as a territory for so long as to

depress that independence of sentiment which a government like ours should ever cultivate in its citizens; and that it would be ill-judged in continuing to impose upon the United States the burdens of a Territorial organization, after the people of the Territory were fully able to defray for themselves all the expenses of a State government.

Yes, Kansas deserves statehood. But why rush? It had only two years’ territorial status under its belt. The typical state muddled through “from twelve to thirteen, and in some instances much more”. Zollicoffer, like Grow, had examples: Mississippi remained a territory nineteen years, Florida twenty-six, and Michigan thirty-two. That sounded wrong to me and I suspected that Zollicoffer engaged in some prevarication to claim some obscure legislation as the start of the territorial history rather than the normal organic act. He did not. Mississippi (1798-1817), Florida (1822-1845), and Michigan (1805-1837) all match his math. Sorry for misjudging you, Felix.

Furthermore, even if Kansas had done thirty-two years as a territory, Zolicoffer believed it lacked sufficient people to justify statehood. He put its October, 1855 population at twenty-five thousand, just as Grow did, but held that it required 93,420 whites to qualify. To admit it so soon would do an injustice to the the present states, diluting their power with representatives of so few. He declared that

It would be a radical departure from the established usage of the government; there being no instance in which a State has ever been admitted with a population so inconsiderable, and no instance, with one solitary exception, more than equal to the ratio of representation in Congress.

The Constitution may not, as Zollicoffer agrees, require such numbers. But the established norm came about for good reasons and the nation should not lightly set it aside. The average population of the eighteen states admitted, at the time of their admission, stood a bit over 104,000. The majority had just cherry-picked the low population territories to make its argument. He supplied a table to prove it.

Here Zollicoffer does do something sophistical. Grow’s majority did not present their low-population states as average. Rather they acknowledged that they had the low end of the curve. They maintained that Kansas could secure admission at its then-current population on the grounds that other states had done so with less. He has a perfectly good point on the numbers, but chose to misconstrue the majority’s position on the question to strengthen his own.

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