It is for Congress to decide whether they will admit or reject the State which has thus been created.

For my own part I am decidedly in favor of its admission and thus terminating the Kansas question." [Sidenote] 1858.
The vote of January 4 against the constitution he declared to be illegal because it was "held after the Territory had been prepared for admission into the Union as a sovereign State, and when no authority existed in the Territorial Legislature which could possibly destroy its existence or change its character." His own inconsistency was lightly glossed over.

"For my own part, when I instructed Governor Walker in general terms, in favor of submitting the constitution to the people, I had no object in view except the all-absorbing question of slavery....

I then believed, and still believe, that under the organic act, the Kansas Convention were bound to submit this all-important question of slavery to the people.

It was never, however, my opinion that independently of this act they would have been bound to submit any portion of the constitution to a popular vote, in order to give it validity." To the public at large, the central point of interest in this special message, however, was the following dogmatic announcement by the President: "It has been solemnly adjudged by the highest judicial tribunal known to our laws that slavery exists in Kansas by virtue of the Constitution of the United States.