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Two and a half cents per line for each subsequent insertion. i TO MAIL SUBSCRIBERS. 1 Three weeks previous to the expiration of subsorip- , tions, each subscriber wiU find his paper watered to- t gether on the margin. Thus, each may know, that, j three weeks after the receipt of a paper thus sealed, i their subscriptions will run out, and be reminded < that they must immediately relief < All letters, communications, and orders, must be ' addressed to ' C. W, FENTON, ] Washington City, D. C. PROSPECTUS OF THE WASHINGTON J AMERICAN. , Wo can hardly think it necessary to urge i upon those who hold that Americans ought to ! rule America, the importance of having a paper 1 at the seat of the Federal Government, which 1 shall enunciate and advocate the doctrines of 1 the American party. . ] A paper issued from any of the great centres 1 of a nation, but especially from the political ' Metropolis, in the present age, not in this ] country onlyv but in Great Britain, France, and , wherever thorc is the least freedom of discus- , sion, is a medium thr >ugh which those hold- | ing similar sentiments in regard to public af- ] fairs and public policy, may make known, discuss and defend their views, and expose the 1 impropriety of the principles, and the impolicy 1 of the measures of their antagonists. It should '< earnestly labor to give a proper direction to 1 public opinion by enlightening the public mind. 1 The Ambhican is the only paper published 1 at the seat of the Federal Government which 1 advocates American doctrines; the only sen- ( tinel of the party stationed where a near and , clear view can be had of the movements and , doings of their opponents at their headquarters. 4 Here political information concentrates, and , from hence it radiates to every part of the em- I pire; here party measures and movements are I determined, and political campaigns planned; 1 here stratagems aye concocted and thwarted; I and here at certain seasons of the year politi- ' cians most do congregate; here, in short, is 1 the centre of the great political maelstrom in which so many thousands are constantly plung- J ing and forever gyrating. j If the American party is desirous of being a | national party, it should not be without a , paper here through which it can make known < to all people its view*, aims and opinions, and which shall also refute the calumnies that are j from time to time uttered against it through ignorance or a less excusable motive; and wo, 1 therefore, take hope that the American, stand- < ing, aa it will stand, upon the platform of the American party, advocating, as it a ill advo- < cate, the paramount rights of native-born citizens, eschewing, as it will eschew, all interference with slavery as a national concern, and | maintaining, aa it will maintain, perfect freedom of opinion and of conscience in religion, will find favor $n the eyes of all truly patriotic citizens in the land, and commend itself to their , " generous support . . Lest we may not have been specific enough in declaring our principles, we add, that the Fakkwkli. Address of the Father of hit country, aa illustrated by the broad light of his administration, is our |>olitical text-book and code inccum ; and shall be our compass and chart PLATFORM t'/ t'n Anuria* J'urip, adopud at M? ttmo* of Me A'oAomi Uf'uncU, Ju*4 % 1W7. e let. An humble acknowledgment to the Supreme Boiug, foe His protecting care vouclisafed to our fathers in their successful Revolutionary struggle, and hitherto manifested to us, their deccendnnM, in the preservation of the liberties, the in dependence, and the union of these States. 2d. The perpetuation of the Federal Onion, aa the )>alladlum ot our oivil and religions liberties, and Ilia only sure bulwark of American Independence. Id. Ameriemn* Must r*U Am#tt>?, end to this end ftaffse-horn citisooa should be selected for all State, Federal, and municipal offices or governing t employment. In preference to all others; nevertheless, t Mi. Persona born of American parents residing temporarily abroad, should be entitled to all the rights of native-born citizen* ; bat 6th. No person mould be selected for political station. I whether of native or loioign birth,) ?ho recognises any allegiance or obligation of any deact iptkm to any foreign prince, potentate or power, or who refuses to recognise the Federal and State constitutions (each within its sphere) as paramount to all other laws, as rulea of political action. Aih. The unqualified recognition and mainte- ; it* i-lfflifji of Lhe Merer*] Stats*. oil the cultivation ol harmony and fraternal good will, between the oitimena of the several States, and to Uiia end, non-interference by Congress with questions appertaining solely to the individual ttales, and non-intervention by each State with the affairs of any other State. 7th. The recognition of the I thiol the nativeborn and natnraliaed cHiaena ot the United r8ta tea, permanently residing in any Territory thereof, to frame their constit ution sua laws, and to r gnlate their domestic and social affairs in their own mods, object Only to the provUiona of the Federal Cona, ilutlon, w'ltb the privilege of admiaaion Into the Union whenever they have the requisite population lor one Representative in Ooogreaa. Pnmidtl n imoya, that none bnt those who are citiaena of the rniteil Stati a, under the constitution and laws thereof, and who have a fixed residence in any such Territory, onght to participate In the formatiou of the constitution, or in the enactment of 1 laws for aaid Territory or State. 8th. An enforcement of the principle that no flute or Territory ought to admit others than dtltens of the United States to the right of safllrage, or Of holding political office. Oth. A change in the laws of naturalisation, making a continued rea-deiioe ol twenty-one years, of all not hereinbefore provided fot, n indispensable requisite Ijt citizenship hereon cr, and excluJing all paop j and persona convicted of crime, fr wn landing upon or r ahorea; bat ho Interference with the vested righ of ffareignem 10th. Opposition tea iy anion between Church and State; no intvr.erenco with religious faith, or w . *Up, and no test rathe for office. 111K Free and thorongh investigation into any and aN alleged abases of 'pnblie functionaries, and - a" it economy In public expenditures. /In. The maintenance and enforcement of all la vt ooneti n ionallr enacted, until said laws shall i e repealed, or shaft he declared null i.nd void by M fompetent judicial authority. Jf ) 8th. A free and open discussion of all political *. principles embraced in oar platform. \ |fe-| fv,.y *) V ir . - J; ."Lfc: ' ! " t ?r?'' \=^= DEVOTED T i ; .'it&i&Sf'!* iligMKWBBci'jLV: ? SPEECH ^ t 0F ' c HON. JOHN J. CRITTENDEN, 1 c \JC ON ' I'lie Admission of Kansas into tho Union under the Lecompton Constitution, DELIVERED IN THE SENATE OF THE UNITED STATES, MARCH 17, 1858. The Senate having under consideration the bili to admit Kansas into the Union as a State?' Mr. CRITTENDEN said: I feel how inadequato 1 am, Mr. President, to idd anything to the various arguments that have been employed on this subject during the loog discussion through which we have passed; and yet I should not perform my duty, according to my views, if I omitted te express my sentiments and feelings on -die subject before the Senate. 1 do not intend to occupy your time with exordiums, sir. The right of the people to govern themselves is the great principle upon which our Government and our institutions all depend. It seems to mo that this great principle is involved in the present'subject. Tho President of the United States communicate d to us an instrument called the constitution of the people of the Territory of Kansas, and he lias, with unusual earnestness, advised and recommended to us to admit Kansas under that constitution, as a State into this Union. Tho question, as it has presented itself to my mind, involves an inquiry' is to the matters of fact bearing upon this instrument of writing, and whether these authorize us to regard this instrument as the'constitution of the people of Kansas. Is it their constitution ? Does it embody their will? Does it come here under such sanctions that we are obliged to reguid it, or ought to regard it, as the permanent,^fundamental law and constitution of this new State? I do not think it comes with such a sanction, or ought to be regarded as the constitution of the people of Kansas. Sir, I shall not occupy your time long on this point. What are the evidences that it is so ? It is made ' by a convention, to be sure, called under thev authority of an act of the Legislature of Kansas. It >B made by delegates regularly elected by this people, and prima facie it would appear that it had the sanction of the people of Kansas; but I think there are evidences of a higher character to show that it is not so, that it is but in appearance a constitution, and not in reality. In the first place, the fact is established beyond ill controversy that an overwhelming majority of the people of Kansas are opposed to this instrument as their constitution. The two highest ofBuers of the Federal Government lately there under ippointment from the President of the United States, Governor Walker aud Secretary Stanton, both assure us of that fact upon their personal knowledge. That is high evidence to establish the fact that it is against the wilt of an overwhelming majority of the people upon whom it is to be imposed as a constitution. That constitution in part was submitted to the people. I shall not stop now to iuquire how it was submitted, whether fairly or not. A part of it was submitted, however, and, upon a vote taken . by the people -on the clause thus submitted, it received six thousand votes, and a little more. These are the sanctions with which it comes to us To this extent, it would seem to have the popular approbation. But, sir, when you come to look a lilt e further into the investigations which have taken place in that Territory, it appears that of those six thousand votes, about three thousand were fictitious And fraudulent. That is reported to ua by the minority reports of our Committee on Territories; that is verified to us by the proclamation issued by the President of the Council and the Speaker of the House of Representatives of tbe ' Territorial Legislature of Kansas. These high officials, who were invited bj Mr. Calhoun to witness the counting of the votes which were returned to him, certify from tbeir personal knowledge that more than two thousand of the three thousand votes which were given at three precipcts in the counties of Johnson and Leavenworth were fictitious votee. I only call your attention to this in order that it may appear truthfully who it was that approved of this constitution. That vote was taken on the 21st of December. Before that vote was taken, however, a Legislature, which was elected in October last, and which met on the call of the acting Governor, Mr. Station, In December, passed an act postponing that vote from the 21st of December to the 4th of January. On the 4th of January, under the provisions of that act, a question waa taken upon the constitution itself broadly. It provided that the question should be taken upon the Leeompton constitution with slavery, upon the Leeompton constitution without alavury, and generally upon the constitution itself. Upon that occasion, over ten thousand voted against the constitution ; and tbe Legislature of the Territory of Kansas have passed resolutions unanimously protesting against the reception by Congress of this instrument as the cotisiitution of tbe St?te, declaring that it was obtained by fraud, and that it baa wot tbe sanction or concurrence of any, exoept a small minority of tbe people. This ia the substance of tbeir resolutions. Now, I ask yon, sir, upon this evidence, as a j jndge, to any whether this Is the constitution of the people of Kansas or not? whether the evidence before yon is that it ia an instrument signifying their will and declaring that general and |>ormanent law upon which they wish their government to be founded f TJnlees you shut your eyes to the vote taken on the 4th of January, hers ia a direct popular evidence and protest against the constitution; and, even svppoeing the whole of the tlx thousand votes which were given for it on the 21st of December to be true and real votes, fUrly expressed, it shows that there were ten thousand other people In the Territory of Kansas who sre opposed to this instrument snd who have legitimately declared their opposition. Here Is the solemn act of the Legislature of the Territory protesting a gain at it. Those are recorded evidences, as much so as the constitution itself is a record, having tha same legal sanctions and tbe same legal title to our faith and our confidence. How are yon, in law, to make any difference between these testimonials; to say that yon will give effect to one and will rijeot the other; that you will give effect to that which (ratifies for the minority of the people, and will reject that whtcn teeunes lor a?-e majority of tho p?oplo; that you will accept that which wu flrat given, and reject the laat expressions of the popular will ? It la these bu t expressions of the popular will that ought to govern on every principle, juet aa much ai that a former law roust yield to a subeeJuent law Id any point of conflict between them. he laat evidence, then, ia the vote of the people on the 4th of January, of ten thousand against it; and the evidence nearly rot-mporancoua with that are the reaclutiona of the Legislature of Kanaaa, proteatlng and Imploring you not to accept thia inatrument, that it ia a fraud aad an imposition upon them. I want to know why it ia that thia evldanoe ia not entitled to our conaideration and to bava effect ? The President, It aeema to me, has given us a moat unsatisfactory reason. The j President aays that in recommending the adoption of this constitution to us, aa implied In the admission of the State, he has not overlooked the vote of ten thousand against the constitution given upon the 4th of Jsnnary ; he has considered it; but ho holds It, and he holds the law of the Territo- 1 rial Legislature under which that vote was taken, to be mere nullities. Why ? The law waa passed by the regularly elected Legislature of the Territory providing that a vote should be taken on that day ; and why not?. Is there anything In the or- , ganlc law, ia there anything anywhere that forbida It? No ;nothing. The President had anticipated that the coneti till 11 t> fOLITICI, LITKBAT WASHINGTON. utiou itself, in whole, and not in part; was to be ubmitted to the people. The Governor had bo contemplated, and had bo assured and promised he people. The President regrets that it was mly submitted in part. He regrets that tho entire constitution was not submitted. Though he accepts as an equivalent the partial submission, he egrets that it was not submitted as a whole. The Territorial Legislature, after this constituion was published, immediately passed a law to lave a vote taken upon the entire constitution? ho very course which the Presideut had preferred, cud to which Mr. Walker pledged himself. What lo they do but carry out and act in perfect accordcuce with the wishes and opinions of the Presilent and Governor f And yet the President, who ? akmasml ....,1 ?n..u i....... erred it, stye the act of the Legislature, in accordmce with bis opinion, is a mero. nullity. Why? Jecause, he says, by the previous acts ol. the peo>le aud of the territorial government the Territory vas so far prepared for admission into the Union is a Sc-te. That is the reason. He givfis no apilicatiou of it, but announces as a reason that it vas so far prepared because tho constitution bad >een made, ready to be ottered to Congress, though hat con -tltutiou had not yet been submitted to he people when this law vyas passed. That was ler condition; that was the preparation she had nude. The only preparation wus, that under the luthority of a previous Territorial Legislature, a lonventiou had been held, and a constitution made ind published. That was the condition of her preparation; and, >ecuuse of that preparation, the President says hat the Territorial Legislature had no power tliatever to pass a law ty take a popular vote ipon the adoption of that constitution, to see vhat tho people thought of it; to collect tho evilence of tho public will! What could the Terrlorial Legisiature do, to satisfy themselves, to utisfy tho country, to satisfy the just rights of ho people, but to say a vote shall be taken on tb? Ith of January next, in'which all the people shall hdare their assent to, or disapprobation of, this institution as an entire instrument? What is .here in the preparation above referred to to present it? What force had the constitution? 3ould the constitution, unaccepted by you, uuluthorized by you, paralyze and annihilate the egislative power wbii h your act of Congress lad conferred upon the territorial government? Does not that power, aud all that power, remain is perfect as when yon granted it? Aud could iho power which your act gave be diminished or essened by any act of mere territorial authority? it is palpable that it could not. No matter what ict might be done by the people of Kansas, call it iy what name you please?lnw of the Territorial Legislature, constitution made by tho people?no natter by what name you call it?the eupremacy )f the Government of the United States remains intouohed and unimpaired, and all the power of .erritorial legislation which it gave may be exer:ised by the Legislature. Of what avail is this constitution until accepted >y Congress, and the State admitted upon it? iVhorn does it bind? Is it anything more tbao a proposition by the people of Kansas that "we shall >o admitted with this instrument, which we offer is our constitution?" What more is it? Does it jiud anybody? Where does it derive its author,ty ? The organic law authorized no legislation by i convention. The convention could exercise uo legislative power which Congress had given, because Congress gave its power to a Territorial Legislature, to be elected tu a certain manner, and to be exercised in a certain manner. The convention could exerci&e no legislative power. It bound no one. It did not bind Uie future State; for, until fou accepted it, what prevented the people from calling a convention the next day, and altering or modifying it according to their own views? Is there anything of reasou, of argument, or of law, to support such a proposition as that the people ire restrained from making another constitution because they have proposed one not yet accepted snd acted upon by Cougress? I think not. In my judgment, we have a precedent which ihows I am right in this view of the subject. The case is this: Wisconsin, tbeu under a territorial government, presented herself here with a Sute constitution, and asked for admission into tho Qnion as a Stale. Congress admitted her, but on the condition that her constitution should be nub mitted to a vote of the qualified electors of the rerrilory?and, if absented to by the people, that the President should announce that fact by proclamation, and that thereupon, and without any further proceedings on the part of Congress, her admission should be complete and absolute. This was the case of Wisconsin; this her elate of prepa ration. What, under these circumstances, did the people of Wisconsin do ? Did they proceed according to this act of Congress, and submit their constitution again to the people, as required by laid act? No, air; tbey passed that act by, called another convention, applied to Congress at a subsequent session, and were admitted into the Union as a State. Was no| their state of preparation greater than the preparation of the Territory ef Kansas? Here Wisconsin was not only In a state of preparation, by having made a constitution, but tbat constitution had received the approbation of Congress, and ahe bad been conditionally admitted into the Union as a State. Yet abe considered that even nnder these circumstances, she was at full liberty to avail herself, or not to avail herself, of that ronditional admission?and concluding not to decline It, ahe mads another constitution, and was thereupon admitted by Congress. If they could do that, if, prepared as they were, that preparation did not preclude them from making another constitution, how lathis leaa state of preparation, on the part of Kansas, to preclude the Territorial I egislalure, not from performing the high act of calling a convention, but limply of taking another vote on a constitution which was yet to bo proposed to Congress? Can any reason be shown? No, sir, none. That constitution was, in my judgment, inoperative; and of geutiemen who think ditiareoUy I would ask, how long would it have operated as binding on the people of Kansas? Suppose circumstances had occurred which had prevented any application to Congress for ream, how long would this instrument have retained Its vitality and retained its vigor and authority ? One year? Two years? Three years? Four years? llowlong? Suppose the president, Calhoun, had put this instrument in his pocket and kept it there til the days of his life, would it all tho days of his life have restrained the people nf Kansas from taking other steps snd celling rtfKorrnnvDntinni mil rnftkinff ftth^r mmtihit nnN* if its authority would not hart continued a lifetime, how long could it continue? No man can net a limit ^and the conclusion, therefore, is that it never had any binding influence?at any rate, never such binding influence (and that is all I am required to' show) as to have prevented the people, if they had changed their minds after making the first constitution, from calling another convention, and resorting to all means necessary for the establishment of another constitution, and then to offer it to you. It U theirs to offer, snd ours to dispose of, snd they are free up to the last moment to make known to Congress what is their sill snd what is their determination in relation to the fundamental law of the State which they are about to establish. Is not this all perfectly clear to our reason ? Are there any fiction* of law; are there any technicalities springing out of these instruments, governing their force and offset, to prevent thia conelusion ? Is this constitution to be made up into a little plea of estoppel against the people? Are the little rules which wears to gather from Westminister Hall, tho lUtle saws In actions at law that do well enough to decido little question* of strum and tuum among A, B,and C, to be applied as the measure to those great and sovereign principles on which States snd peoples rest, for their rights snd their liberties f So, sir. This is a great political qnestion, open, free to be jadged of according to Cod'* truth and the rights of tho people unrestrained, unencumbered, unimpaired HE, AOKICUlTllli, N K \ , D. C., SATURDAY, M by any fiction or by any technicality which could prevent the lull scope of your justice and your rea on over the whole sutyect. Therefore, sir, this state of prepiyation of the Territory of Kansas for aduiiasien into the Union has no effect. The argument is not applied ; the fact is merely stated that there is a state of preparation, and there it would be necessary to stop on any doctrine ; for, iu my own judgment, no argument can be made even of any ordinary plausibility to Bhoit that the state of preparation restrains the people of their natural and indefeasible right and their legal right as proclaimed by you, to form with perfect freedom their own institutions before they come into the Union. There is no technicality about it. Here, it seeins to me, applies that great principle to which I adverted at first, that the people have a right to rit themeelvee. I mean, of course, in subordiuu ion to constitution and law. This people had no constitution, could have no constitution, while they remained in territorial dependence; and when the act of the Territorial Legislature was passed requiring a vote to be taken on this proposed constitution, they had full authority to pass .that law. Thair (tends were not. bound. Here was a great act about to be done, an act to bind tbe State, to give it a new character, to give it new institutions, to put upon it a constitution?that panoply of the rights of all. This was the great act to bo done; it is an act which none but tho people can do through themselves or their proper representatives. It is in all coses directly or by reference the act of the people. Tbe laws which they establish are not of that transient character which can be made to-day and repealed to morrow. They are made for permanency. They arc the great immutable and eternal truths andprinciples on which all government must rest. They are expected to be permanent. The people delegate to others the power of passing temporary and repealable laws. They reserve to themselves the great right of passing those which are permanent and cau only be repealed by themselves. Was it not of consequence, was it not of importance to know the will of the people, whether they really did approve of this constitution which was about to be offered to Congress?a law which, when Congress puts its imprimatur on it by admitting the State, is to bo permanent ? Would it be auy harm to take the vote over and over again, so long as doubt remains? Congress has the power. What objection could there be to it? You may say " It is an unnecessary care of the people's rights; you have had tbeir decision once; therefore, it is not necessary to have it again but out of abundant care, and abundant zeal you may choose to take it again and again, and ascertain whether there may be change or variation in the public opinion. Who can say aught against it ? Do you object to it because it is taking too great care of public liberty, paying too great respect to popular rights ? Nobody will take that ground. But it may be said you might delay the application to Congress by these repeated' elections.? You must avoid that as far as you can. In this caso it has not delayed it In this case this vote was taken before this constitution came before you ; while it yet slumbered in the hands of President Calhoun. No objection can be made, then, that this was made the cause of, or intended merely for the purpose of delay. The result shows that it was necessary and proper. The result shows that notwithstanding the voto of six thousand, in favor of it, there were ten thousand who were opposed to it. I ray, therefore, this is not the constitution of the people o' Kansas. It may in a certain sense be a consiitu ion .offered by the convention to the people of Kansas ; but which tbe people of Kansas by ten thousand majority have rejected, have as lawfully rejected in the last vote, as it was lawfully approved by tbe six thousand first voting in the preceding December. I say, tben, Mr. President, upon tbe record evidence, upon all the evidence, this is not the constitution of the people of Kausas. It is not tbe constitution under wltich they dcaire that you shail admit them into tbe Union. Now, will you, against their will, force them into tbe Union under a constitution which they disapprove? That is the question. You know the fact that ten thousand against six thousand are opposed to the constitution. You know that by the act of their Territorial Legislature they entreat you Dot to admit them with this constitution. They tell you, moreover, as QDe of their reasons, not only that they disapprove of the whole constitution, but that it is particularly hateful to them because the votes given for it, or apparently given for it, were, to a great extent, fraudulent and tictiiiuua. The Legislature telle jou that uine-teiithi of the people there are oppoeed to it. Now, would it not be strange, that under those circumstances, we should, without any motive for it that I know of, as the common arbiters of all Territories and States to the extent of our constitutional power, force her into the Union? What motive ran we bare, what right motive, with the knowledge of these facts, to force her into the Union, and to enforce upon her this constitution ? I cannot feel myself authorised to do such a thing. Of course I do not impugn the motives and the views of others, who, taking a different view, act from impressions different from mine. They act upon one view, and I upon another; but, viewing the subject as I do, it seems to me that to do this is a plain, unmistakable violation of the right of the people to govern themselves. I have endeavored to show you, air, that this is not the constitution of the people of Kansas, according to the recorded evidence of their will. It aeems to me, furthermore, that this constitution is a fraud. It is not only not their constitution, according to their will, but it is got up and made in fraud, to deprive them of their righto. I believe that, and I think it can be shown. The President of the United States has furnished us an argument on this subject, and it bos Iwen oftentimes repeated line in the debate?of course s plausible and ingenious argument, as all muit admit, even those who deny the solidity of the reasoning. What Is tlte argument? The President aa?s that the sense of the people was taken, and proved to be iu favor of calling a convention. Ihe convention was called; delegates were elected; those delegates made a constitution; that constitution was submitted to the people in part, and finrimfffd ht a vdtn nf nil thoiiAAntl tnkpn fu rord ing to lew. Well, all these, you will observe, constitute a tissue, a long aeries of little legalities, regularities, and technicalities; and the reasoning of the President is founded on technical points on each of thetrp facts. You must admit all the facts. Yea, sir, the facts arc nil true; and if they alone constituted the case, the conclusion would he fair and right that this constitution baa been regularly made; that this constitution has been sanctioned by the people as well as by the convention. But la there no more in the case than this ? There is s great deal mOre in the case than this. * When frauds have been alleged and charged against this government of Kansas, gentlemen say, " Ah, but these frauds were in other elections; these frauds do not particularly ftnd specifically touch this constitution, or the proceedings which led to this constitution." But suppose there were frauds in relation to it: is it not something if I show you that, in regard to that part of the constitution which was submitted to the people to be ratified by them, ^nd which was nothing until the people ha<l ratified it even according to the constitution itself, there was fraud in that election, and abundsnce of fraud t So glaring, so impudent, and so fearless had frauds in elections become there, that upon that very poll list, in ons of the preoincts, (I forget whether It was in Oxford, or Shawnee, or that other precinct that emulates these in its character for frsiid, Kickapoo,) you find that the President of the United States, Colonel Benton, and the gentleman from New York, [Mr. Skwasd,] were there, it seems, or fictitious votes were put in for them by somebody, and a long list of persons of that sort of figure on the poll-book at these misertfrio predicts m.actual voters. That was the vote on the constitution on Dscember 31; that was on the part submitted to the people. They incur* VH, AND OEXBKAL MISCE ARCH 27, 1858.. were the constitution-making power there, and there I show you the fraud. What further frauds there were I know not; but this much is apparent?aud later developments show greater frauds still?that in one single precinct, where there wore only thirty or forty votes to be taken legitimately, there wcro over twelve hundred; and under the investigation lately made by commissioners in Kansas, that upon sworn testimony is stated to be the fact. In ono precinct there were twelve hundred fraudulent and fictitious votes out of twelve hundred and sixty; seven hundred in another, and over six hundred in another; making in tho aggregate twenty-six hundred -votes in three precincts, entirely fraudulent and fictitious, written out by hundreds on tho poll-book after the election was over, put on without scruple upon the poll-book, upon the election return, put'dowu without scruple during the election, of those who were qualified, and those who were not qualified; and that is the way this constiution In part has received its sauclion. But, sir, I think that wo should take a very partial view of this subject, one very unsatisfactory to our judgment, it we were to isolate those <4mn* which have direct relation only to the formation of this constitution, and leave out all the ; surrounding circumstances. It seems to mo that the proper and the just mode of regarding this 1 constitution is to consider it as one of a series of 1 acts, and see if we o&n find that the whole action 1 and operation of all those acts were to lead to one j general purpose?that of maintaining by l'ruud 1 and by falsehood the power and the government I of the minority, and their offices to them against 1 the will of the great majority of the voters. I say it is an act connected with all the other acts. The I whole case is to be taken, and every part of it 1 judged of in this connection. i Now, what was the first act? That is histor- 1 ical. We may all speak of it now, though we 1 disputed it at the time. The first Legislature that J was elected in Kansas under the organic act, was not elected by the people*of Kansas. It was elected by persons who were intruders from abroad? ' who intruded themselves with arms in their hands, seised upon the ballot-boxes, put in their j own ballots, driving away the legitimate voters, and plected the memliers to the Legislature. That is the way the government of Kansas wus inaugurated. Those who had been driven from the polls, those who were opposed to the party that was installed in power by these means, conceived | such indignation and such disgust that they pro- j claimed aloud, whether wisely or unwisely, that they renounced all obedience to this spurious government, as they called it. It is not material to me whether their complaints are well founded and true, or not. I am endeavoring to depict the course of things, to show their motives and the motives of the persons who were thus installed iuto the territorial government They came to their power by violence; they came to their power by fraud. That was the complaint of the oppos ing party in Kansas. They renounced their rule, they renounced thoir laws, refused to commit themselves in any way to their support, refused to go to any election afterwards. They said, 1 "What is the use? This corrupt minority who have got into power, who have in their bauds the means of controlling the election, who are not too good to do it, and who will do it, who have done it, will practice the same means; we shall be again driven from the polls, or, if not, they, having the control of tho elections, and of all the officers who conduct and manage them, will have what returns made they please. We will subject ourselves no more to the humiliation of attempting to execute a-right which we know will be frustrated and defeated by fraud, or by force." Under these im- | presHons, and with these feelings, which it is Dot my part here either to justity or rebuke, but simply to state the fact, they withdrew from the elections lest, by voting according to the laws passed by this corrupt Legislature, as they con- ; sidered it, they should seem to acknowledge its authority and their allegiance to it. Now, what would be the condition of the men who bad been_ installed into power in this way ? They would be pleased that their opponents had thus withdrawn themselves from the polls. In all tbo elections to be held afterwards, this power of the minority, however small, would be continued; as their enemies would not come up to vote, they would be re-elected and would retain and perpetuate their power. So they went on?the field abandoned by the majority?and the minority ruling everything in this way. Look at the evidences that arc before yon from those high officers lately return- , cd from Kansas?Stanton and Walker. They tell you or irnuuo reguiariy perpetrawu mere ; ana, i although they had thought before that tho people were acting factiously, that they were acting seditiously, that they were acting rebelliously In attempting to withdraw themselves from this gov- | eminent altogether and to*act for themselves, and ! that their complaiuts of fraud and imposition upon theia in elections were rather affected for the pur- , pose of giving color to their conduct than other- j ?i*e, yet when they went among the people and I heard them, and learned all about the dealings that had been practiced, they could not doubt their truth and their sincerity in the resentment which they felt and in the conduct which they pursued. However unwise, it was sincere on their part.? They had been defrauded ; they had wrongs enough to sting and humiliate them. This is what these officers say. I know nothing about it; we -know nothing about it, except on the testimony. That the ruling minority party were capable of committing fraud, we know. -They began in fraud. Has any gentleman here denied, Is there any gentleman who discredits the history which we ml have of the frauds practiced in the first election that was held in Kansas T However we might doubt this, however we might have disagreed, however we might have believed or disbelieved heretofore, ha- e not every mist and doubt been cleared away from around this fact, and is there one here now to say that the right of election was not trodden down in the first election for a Territorial Legislature in Kansas, and that a minority government was not ivctod f That they have continued that government by fraud since, is shown st every step of Utair progress It was In the midst of this self suspenrion of the right of suffrage on the part of their opponents, that they called the convention by which thia constitution was made. Look st the constitution itself.. On its own face, does it not contain the amplest preparation for fraud, visible and apparent? Look at the internal evidence marked on its face. They pass by all the sworn officials of the territorial government who had before conducted elections?they authorized, by the schedule to the conatiliition. President Calhoun try take this whole matter into his hands, to appoint the officers to. conduct tha elections, giving him control over that official body, and the appointment of them all; and the returns were not to be made to any permanent officer of the government, not to the Govcrnor, but to thie same Mr. Calhoun. lie was to appoint the officers to conduct the election, receive the returns, count the ballots, and declare the result. Well, Mr. Calhoun has performed all this business! Another thing: every hnman being, !n respect to that part of the constitution which was submitted to the people, before he could rote fbr or against It, wss required to swear that he would Support that constitution when it was adoptod. In that constitution, thoee who framed it well knew were provisions intolerable to all the free-Slate men in the Territory, and they would not swear to support it They so believed and hoped and expected. This was under the ahow of a fair eleotiou. Not only have they secured all the advantages resulting from the appointment of the officers to conduct it, but, to leave their consciences more easy, these officers were not even sworn. There was no provision for that But every man voting for the constitution, or that part of it submitted to him to vote upon, was required to be sworn beforehand that he would support that constitution. This, it wss supposed, if nothing else, would keep off the free-State men. Itissaid,in this testimony, that Governor Walker, 1 111 LLANY. from the time he went there, had been diligently ' persuading all the peoplo of the Territory to throw aside this inaction of theirs, coiue into the elections, and participate in the Government For this, Mr. Stanton says, Governor Walker became the object of utter hostility to Mr. Calhoun's party, rhey did not want conciliation. They demanded, as the same witness says, repression. They wanted penalty, not persuasion. They did not kuow what the result of this persuasion might be in the elections afterwards to take place on the coastitution. It was ncceseary, therefore, to in ike provision gainst the possible effect of these persuasions and arguments of Governor Walker; it was, therefore, necessary to put in, though nobody opposed them, six thousand votes for the constitution, they believing that that was a majority of the greatest number of votoe ever given on any occasion in the Territory, and so it is stated here. They just went beyond the line;.and for fear of rendering it more monstrous, and the fraud more visible, they went just so far aa the necessity demanded the fraud. They did not choose to use it superfluously. They rather husbanded it, to be used as the occa lion might require, and no more than was required. [ cannot shut my eyes to this fact. These preparation?, then, in the schedule of the constitution, were made in anticipation of the vague dangers that wore apprehended. It was greatly important to carry through this constitution,' greatly important to preserve their authority under the constitution. There were two Senators of the United States to be elected. All the officers of the State government were to be constituted. These were to be the reward of those who had labored. These seem to me to be preparations made for fraud; and when I come to compare them with the action which took place afterwards, the design and the act, the purpose and fulfillment of it, make the proof perfect. The means of doing it, the means of facilitating it, are given in the coiistitution. The actual perpetration of it afterwards at the polls is seen. It is seen in the election upon the constitution. It is seen in the election of the 1th of January, for officers lyider tho new constitution. There is where these frauds, lately developed, were practised to such an enormous extent. There is where these little precincts distinguished themselves. Another fact may be noticed, that this convention to make a constitution were to meet, by law, in September, and go to their work. They mot then. Did they go to work? No. Why did they not ? There was an election of the Territorial Legislature to take place in the October following. They wanted to know the result of that election ; to know how the laud lay ; whether all was safe or cot; whether any point was necessary to be guarded in the constitution ; whether there wore any unexpected majorities rising up ; whether there were any obstructions in the way of ordinary frauds. They wanted to see what was the character of the new Legislature, that they might meet the emergency and meet tho exigency with any constitutional provision that might be necessary to perpetuato their power. Tney therefore adjourned to a day after the election. The Legislature whs elected ; and that Legislatur^turned out, notwithstanding all the frauds (bat were practiced, to be against them. .What then? The Legislature being against them, now what is the provision they made in tho constitution? The officers of election, and other officers of the Government, wore, many of them, appointed by the Territorial Legislature. They thought, "Now, here has come in, in October, a Legislature opposed to us. W hat so likely but that they who have complained of frauds from Government officials, willnow change the officers arid change the mode of election ?" What then? They declare in the schedule that all who are in office now, shall bold their offices; that all the laws in existence now, shall continue in existence until repealed by a Legislature which shall meet under the State organization under the constitution. That silences completely the Territorial Legislature, and paralyzes its power. That was a security against them, and left the convention and its party to take the chances at the future election to be held, by their officials, ou the 4th day of January last, as provided by them, and then they were to make another final deathstruggle for supremacy; and then, indeed, they did. I have seeu the report of the coramiasioiieta lately appointed by the Territorial Legislature of Kansas to investigate the frauds. There this Government party did make effort! more than worthy of all their former practices in fraud, in order to secure the Legislature, wbicb, undar the constitution, would make Senators of the United States. It was here that Oiford, that Shawnee, that Kickapoo, distinguished themselves in the multiplicity cf votes, feigned sod fraudulent. When you ace such things at these in the con titnftinn when vnn ham mirh thinril Aft thftHA all around the constitution, when you seo the same men who made the constitution rulers in the land ; during the whole time, do you not see that the frauds hare been everywhere, that the imposition upon the people has been everywhere ? And bow can you exempt from the contagion (if there was nothing more than this general association from which to infer it) this constitution and those who made it f Judging from the positive internal evidenee that exists in it, and the facts that surround it, I cannot. I believe that to impose it upon them, violates the right of the people to govern themselves. I believe this constitution is the work ol fraud?fraud upon the rights of the people. - , I do not undertake to defend the frec-eoilers for their conduct.'it is not my part nor my province. I should agree, perhaps, with the President, that much of their conduct has been of a disreputable, disorderly, end seditious charsctor. It may be that it deserves the epithet of " rebellion," which the President applies to it. I have nothing to do with that. I am not their advocate. I have disapproved oftheir conduct in many instances. There were many bad men among?them, as 1 believe, but for tbem the law assigns its proper punishment. The majority of the people have their political rights, that remain, notwithstanding their legal (ilb-iises. It is in that point of view, it is in their political character as the people of a Territory, that wo nre now to regard them. Whether tliey be more or leas guilty on one side or the other, Li not the question. I fear that neither party could take the chair of impartiality and justice, and be shameless enough to attempt to administer rebuke to the other. One great objection to their admission si si), is that they have not shown, by their conduct on any side, that they are altogether fit for association with the Rtates of this Union. A little more apprenticeship, a little more practice of honest and fair dealing, a little more spirit of submission and subordination to law and authority, would be well learned by them, and fit and qualify them much better for ciliaens of the United States. That is my opinion. I have, however, spoken of their political rights as men, and it is not for me to sit in jndgment to condemn and deprive them of the sight of suffrage on one side or the other, because of frauds committed by one, or violence practiced by another. This is a political question Ik in Mid, however, that the series of legalities and technicalities, to which I have alluded, of a regular election, of a regular con Ten lion, of a submi?tion to the people, and of rotes of the people upon all these questions, hare boon regular; and what then? It is further Mid, on the other side, that all the people had a right to rote and those who did not rote foi felted their right to complain ; and we are not to inquire whether there wore sny people who did not rote, or whether those who did rote roted fairly, and were entitled to rote or not It is m! I we are precluded by the forms in which this tftuiaction is enveloped; that the formal election, the fomal certificate of election, the formal constitution certified?these formalities are enough for ns, and that wo are not permitted to look further; that we ought not to look farther. Rir, I do not think so. We ace applied to now to admit a new State into the Union. The I instrument which she presents as her constitution Is opposed by the people from the same Territory. They My, " this Is not <#br constitution; It Is agsinst our will; It is not only sgainet onr will, NO. 14. , I but it baa been imposed upou ua by devices and . M fraud. It ia void for fraud. If it Is not void for fraud, for that ia rather a legal than a political term, we present these fiauds and this opposition as a reason why you should not admit our Territory into the Union under this constitution." That is the state of the question before you. The eomplainanta admit all the regularities just as , tho President states theni. Perhaps they admit ' it the effect these forms would ordinarily have, but they urge other facts in opposition to the apparent evidence of the constitution itself, as 1 have before adverted to. A majority of the people have protested against it. Tho present Legislature, by its Inquiries, have developed the vast frauds which wore practiced in connection with, and in relation to. this constitution TKavuv " tin not sc. cept it; do not admit us under it; send it book ; let it be submitted to a fair vote of tbe people." Sir, upon such a complaint aa tbia, are we not bound, in justice to that peoplo, to examine tbe whole case? Can any Senator turn away and refuse to look at the testimony that is offered ? Can he be justified in so doing by naked legal presumptions against positive truth ? Do not suppose that 1 would discard all formalities, or the fair presumptions resulting from them. In many cases, and to many of the transactions Of society, especially to your courts of justice, they are necessary, and they subserve the purposes of justice. They were not made to sacrifice justice, but to uphold It and maintain it and protect it as an armor. That is the proper business of forms?not to crush down justice, but to promote it. We are not now sitting here governed by any technicalities. This is a grand national political tribunal, to judge according to our sense of policy and our seuse of justice. That is our high province?net to be controlled by pre- ' sumptions of law when we can have the naked truth. It is tbe truth that ought toguido; and for that we ought to look wherever wo can find it; and where you find the truth on one side, and the fiction on the other, which is to be followed, the truth or the fiction? I take the fact; I take the truth; let tho fiction return to those tribunals which ore by law made subject to it. This is a question above that sort of argument. It is Inquirabie into. Else how can we judge that it is their constitution? It is the fi.st time, I believe, that such a question has ever come up in the Senate of the United States. In all former applications for admission, there has been one thing about which there has been no question; and that woa, the willingness to be admitted, and the constitution under which they desired to be admitted. There has been, no question about tbe authenticity of a constitution, or about its expressing the true will of the people heretofore, that I know of. I am satisfied there has been none; but now that there is, we must inquire into the authenticity of the instrument offered to us; we tnu?t inquire whether it is better, ou full consideration, to admit thiB instrument and the State with it or not; and, in tbe exercise of that judgment, we aro bound to look abroad for the truth wherever we can find it. I think, therefore, these matters are all fairly subject to our consideration. Mr. President, convinced as I am from these Imperfect views of tho evidence in the case, that this instrument is not really the constitution of the people of Kansas, or desired by them to be accepted by you in their admission into the Union; believing that it is not their constitution; and believing moreover, as I verily do, that it is made in fraud ? and for a fraud; believing that these matters aro inquirablc into by us, and that the inquiry has led us to abundant light on this subject, 1 cannot, I will not vote for it.' Viewing it as 1 do, with the opinions I entertain, I could not consent to ber admission without violating my sense of right and justice; and I would submit to any consequence before I would do that. Now, sir, what considerations are there, apart from these which I have stated, which could lead me to give, or could compensate me for giving, a vote against my aenso of what was right and just? What advantage to our whole country, or to any portion of it, is to result from taking Kansas into the Union now with this constitution? Is anything to be gained? Is tbe South or tbe North to gain an} thing by it? I see nothing to be gained by it. I think there is not a gentleman bare who believes that Kanaaa will be a slave State. Before this territorial government was made, many of tbe leading men of the South here argued that Kansas and Nebraska never could be slave States By tbe law of climate and ireoirraDhv. it was said, tbov could not 80 said my friend from Georgia, [ Mr. Toombs,] and so Hid Mr. Stephesb. Mr. TOOMBS. Never. Mr. HALE. Mr. Bndger Mid so. Mr. CE11TENDEN. Mr. Keitt and Mr. Brooks, of South Carolina, said ao. The opinion waa rzprcaaed by numerous aouthern gentlemen that Kansas could never be a alave State. It was for the principle that they contended; and the principle, the abatraet principle, ra a just one; namely, the right of the people of the Territories, when forming a State government, for admiaaion into the Union, to frame for themselves such a republican constitution aa they pleased, either excluding or admitting slavery. Mr. HAMMOND. With the permission of the Senator, I will ask him, "Did I understand him to say that Mr. Kairr had declared Kansas never would be a slave State ?" Mr. CHITTENDEN. Tea, eir; ao it la reported. Mr. Huntee, of Virginia, Mid: " Doea any man believe that you will have a alave- 1 holding Stale in Kansas or Nebraska f Governor Baoww, of Mississippi, aaid: " That slavery would never find a retting place in thoee Territories." Mr. Douglas said: " I do not believe there is a man in Cong-ram who thinks it could be permanently a alaveh .Idmg-ooonty." Mr. Badger, of Notth Carolina, mid: " I have no more idea of seeing a alave popn'ation in either of them than I have of seeing it in Maeeachnsetts." Mr. Miluok, of Virginia, aaid : " No one expects it No one dreams that slavery will be established there." Mr. Frederiok P-. Stanton, of Tenneaaee, saidr " The fear* of northern gentlemen are wholly unfonnded. Slavery will not be established in Kansas and Nebraska." The late Mr. Brooks, of South Carolina mid, in his speech of the 16th of March, 1864: " If the natnral laws of climate and of soil exclude ua from a territory of which we are disjoint owners, we shall not and we will pot complain.' Mr. Butler, of South Carolina aaid, on the 2d of March, 1864 : " If two flutes shoo Id ever come into the Union from them, [the Terri tones. 1 it is very certain that not more th in one of them eonld, in any possible event, ho a slave-holding State; and I have not the least idea that even one would be. Mr. Keitt, of South Carolina, in hfa flW> of the 80th Mifrh, 1RM, quoted Mr. Ilnckaay, of bit own Sute, that? Praetieallr, he thought alarary wnwM not go bore the line'nf thirty-ai* degree* and thirty minute* by the laws of phyaioal geography, nod there*) re, that the South loet no territory fit tor alarery Thia ia all the authority I hare. 1 Mr. QRRRN. I wiah to htqnire what book tha 1 Senator reada from. What ia the title of it f 1 Mr. CRITTBNDBN. It Mem to he a book J written with the moat downright Democratic propenaitiea and pur poena. [Laughter 1 It ia " An Appeal to the Democracy of the South, by a aouthern Stote-Righta Democrat " f laughter. ] Mr. MA80N. I aoppnee the pamphlet ia awooymona. No nam a ia iron. Mr. CRITTRNDRN Tea, afir. Mr. MASON. The name of the writer of the pamphlet ia not giren. Mr. GBTTTRNPKN. Will the gentleman take itr It contain* a great deal of good Democratic reading. [Laughter] The writer of it thought he waa doing great aorrice to the Democratic party. J