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Weekly American. [volume] (Washington, D.C.) 1858-1858, May 01, 1858, Image 1

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VOL. 1.
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PROSPECTUS OF THE WASHINGTON
AMERICAN.
We can hardly think it necessary to urge
upon those who hold that Americans ought to
rule America, the importance of having a paper
at the soat of the Federal Government, which
shall enunciate and advocate the doctrines o
the American party.
A paper issued from any of the great centres
of a nation, but especially from the political
Metropolis, in the present age, not in this
country only, but in Great Britain, France, and
wherever there is the least freedom of discussion,
is a medium though which those holding
similar sentiments in regard to public affairs
and public policy, may make known, dis5
cuss and defend their views, and expose the
: impropriety of the principles, and the impolicy
of the measures of their antagonists. It should
earnestly labor to give a proper direction to
public opinion by enlightening the public
mind.
The American is the only paper published
at the seat of the Federal Government which
advocates Americon doctrines; the only sentinel
of the party stationed where a near and
clear view can be had of the movements aud
doings of their opponents at their headquarters.
Here political information concentrates, and
. from hence it radiates to every part of the empire
; here party measures and movements are
determined, and political campaigns planned;
here stratagems are concocted and thwarted,
and here at certain seasons of the year politicians
most do congregate; here, in short, is
the centre of the great political maelstrom in
which so many thousands are constantly plung-.
ing and forever gyrating.
If the American party is desirous of being a
mjttijvnjil Tmrttr Ik ahnnhl not ho without n.
paper here through which it can make known
to all people its views, aims and opinions, and
which shall also refute the calumnies that are
from time to time uttored against it through
ignorance or a leas excusable motive; and we,
therefore, take hope that the Amkkican, standing,
as it will stand, upon the platform of the
American party, advocating, as it will advocate,
the paramount rights of native-born citizens,
eschewing, as it will eschew, all interference
with slavery as a national concern, and
maintaining, as it will maintain, perfect freedom
of opinion and of conscience in religion,
will find favor in 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
Fahewkix Addkkhs of the Father of his country,
as illustrated by the broad light of his administration,
is our politicaltext-book and vade
meeum; and shall be our compass and chart.
I'LATFOKM
Of t\t American Party, adopted at the eeseion of the
Actional OovnciL, June % 1867.
1st. An humble acknowledgment to the Supreme
being, for His protecting care vouchsafed
to our fathers in their successful Revolutionary
btrugglc, and hitherto manifested to us, their decceiidimts,
in the preservation of the liberties, the
independence, and the union of these States.
8d. The perpetuation of the Federal Union, as
the palladium of our civil and religious liberties,
and lha only sure bulwark of American Independence.
8d. Americans must ride America, and to this
end naftWborn citizens should be selected for all
State, Federal, and municipal offices or governinert
employment, in preference to all others:
nevertheless,
4 to. Persons born of American parents residing
temporarily abroad, should be entitled to all the
rights of native-born citizens; but
6th. No person should be selected for political
station, ( whether of native or foreign birth,) who
fooognises any allegiance or obligation of any description
to any loruign prince, potentate or powor,
or who rpfiiM4?ri tn rnP<?C7lii*t*? thn tV<li>ra1 And
constitutions (each within its sphere) as paramount
to all other laws, as rules of political action.
6th. The unqualified recognition and maintenance
of the reserved rights of the several States,
and the cultivation of harmony and fraternal good
will, between the citizens of the several States, and
to this end, non-interference by Congress with
questions appertaining solely to the individual
t tales, and non-intervention by each State with
ths aftairs of any other State.
7th. The recognition of the t tht of the nativeborn
and naturalised citizens of the UnitodrStatcs,
permanently residing in sny Territory thereof, to
frame their constitution and laws, and to r gulatc
their domestic and socinl affairs in their own mode,
subject only to the provisions of the Federal Cono.itution,
with the privilege of admission into the
IJnion whenever they have the requisite population
for one Representative in Congress. J'rovidrd
always, that none but those who are citiaens of
the United States, under the constitution and laws
thereof, and who have a fixed residence in any
such Territory, ought to participate in the formation
of the constitution, or in the enactment of
laws for said Territory or State.
8th. An enforcement of the principle that no
8tate or Territory ought to admit others than citiaens
of ths United States to the right of suffrage,
or ol holding political office.
9th. A change in the laws ol natcralizatior.,
making a continued residence of twenty-one years,
of all not hereinbefore provided for, n indispensable
requisite fur citizenship hereafter, and excluding
all paup s and persons oonvictcd of crime,
from landing upon orr shores ; but no interference
with the vested rigli's of foreigners.
10th. Opposition to a ly union between Church
aud State; no interference with religious faith, or
w nskip, and no test raths for office.
11th. Free ami thorough investigation into any
sndaU alleged abuses of pnblic functionaries, and
e Mrct economy in public expenditures.
'2th. The maintenance and enforcement of alt
, . law i consti u ionally enacted, until said laws shall
t>e repealed, or shall he declared null end void by
oompetcntjudicial authority,
pi 1 flth. A free and open discussion of all political .
principles embraced in our platform. '
<3
^ ?
mi
DEVOTED
SPEECH
or
HON. JOHN BELL,
OF TENNKKHKK,
Ob the Admission of Kansas under th(
Locomjiton Constitution,
In the Senate of the United States,
March 18, 1858.
Mr. BELL. Mr. President: It is my misfortuni
to be obliged to address the Senate at this late how
of the day, upou a subject of so muuh importance
or not at all. After the speech of the hotiorubh
Senator from Georgia, [Mr. Too ass,] I shall be com
Soiled to trespass longer upon the indulgence ?f tin
enate than I had hoped would be uecessary. Hi
has made issues, be has stuted facts, he lias promul
gated doctrines and arguments from his seat in tbi
Senate to-day, which no man can pass unuoticet
who takes the views I do of this question. He savs
in substance, that it is a question of union or dis
union; it is no sectional qnestioti, but ono whicl
concerns the whole country?the North as well at
the South. He has proclaimed to the Senatu that hi
has estimated the value of the Union, ami that, upoi
a proper occasion, he is ready to state that value
With him it is a inytb, a false idol: and he fears tha
the State of Kentucky, which my honorable and elo
quem meua [mr. urittbmien | so well represents
lias worshipped and lored, not wisely but too well
He bus brought the question to a point?an issue
which it becomes us ull to ponder. I nave boon fear
ful that there were such calculations as he has sug
gested, founded on the possible result of this question;
but I bad before no evidence ol it. Itwasoolyi
vague dread, an impression resting on my mind ; bui
now wc must inset it as an admitted fuct. It is novi
placed before us openly, boldly, directly; and therefore
I feel called upon to notice it in every aspect tc
which he has pointed.
I do not mean to go into an estimate of the value
of the Uuion, nor of the cousequeuces which would
flow from its destruction; but I mean to go into ac
investigation of the question before the Senate ?th?
proposition to admit Kansas into the Union undci
the Lecompton Constitution?to show that the rejection
of this measure would not be a lit pretext to be
adopted by the South for the purpose of leading tc
that tinal issue to which tho Senator lroin Georgiu
has alludc-d. It concerns not only the Senate, duI
the whole country, to look at this question in a dif
fcrent light from that in which the nonorable Senator
from Gergia has presented it. I am tempted
by these considerations to depart from any regulai
course of argument, such as I had prescribed foi
myself, in order to notice nt the outset some of his
most unfouuded statements in regard to the true
facta of the case. I do not mean anv personal disrespect
to the honorable Senator; I do not mean tc
say that ho has wilfully presented a false view of the
case; but many of bis statements of fact are wholly
unfounded.
I propose to go back to the original organization ol
the Territorial Government in Kansas?a part of the
history of Kansas which 1 bad intended to pass over,
with a summary statement only of such tacts?undisputed
facts?as might be found chronicled in the
public journals, without going into any minute investigation
of them ; but I now feel compelled tc.
look more carefully into nil the details of the subject,
by the exigencies and importance of the question, by
the demands which 1 consider the country has oil
every man having a seat here, to be well informed
upon every material point connected with the subject.
Like the honorable Senator from Kentucky, I dc
not mean to refer to the organization of the Territorial
Government in Kansas fur the purpose o, justifying
the party which hua opposed that Government,
for I mean to become the partisan of neitbei
side in this oontroversv. I h ive considered from the
very origin of these difficulties?the passage of the
Kansas-Nebraska act?that there has been more ol
partv interest and necessity than of any possible
good to the country connected with this whole movement;
and when I say this, I do not mean to impugn
the motives of honorable Senators who disclaim any
such party interests. They may be unconscious ol
them. I therefore give thctn credit for their disclaimer.
I shall not at this time enter into a full statement
of tho facts counected with the election of members
to tho first Territorial Legislature, which took pluc<
in 1855, or with the armed intrusion of the people ol
the western borders of Mitaouri into Kansas, at thai
election. The Senator from Georgia says that the
statements which have been made on this subject are
entitled to no credit. He ridicules them so far an
thev arc made on the authority of individuals engaged
in that invasion, as it lias Been called, as the idle
boasts of vain glorious individuals. I admit thai,
as a general rule, little credit ia to be attached tu
such statements; but I w.ll lay before the Senate
some facts that are founded upon that sort of record
which the honorable Senator says will last as long
m society lasts. I shall refer to authentic, well-confirmed
(acts, proved at the time of their occurrence
bv contemporary evidence?testimony taken by men
of credit and good character. I refer, in this particular
case, to the investigations of members ol
Congress, and of both sides in politics, com missioned
and authorised to investigate.
Now, what are the most material and prominent
facts connected with the election in 1856? I inay
possibly, go into a fuller statement of the circum
stances of that election before I close niv remarks
A census was taken under n provision of the organic
law of Kansas, one month before that e'ection, ami
the returns showed that there wete twenty-nine
hundred and three qualified voters then ir
the Territory ot Kansas. The election came on, and
six thousand three hundred and seven 01.807) vote!
were polled, as appeared from the poll-books. 01
the twenty-nine hundred aud three (8,t!U5) re timed
on the census list, only eight hundred and ninety
eight (8S?8) voted. Where were the remainder of the
twenty-nino hundred and odd reported in tlie censui
returns? As the honorable Senator from Kentucky
has spoken of interviews be has hud with gentlemen
connected with this transaction, 1 will tell whal
I have learned from similar sources. I understand
that the census returns were, in part, made ont ir
the border counties of Missouri; anil it appears from
an examination of the poll-books, that two thousand
persons and upwards whose names were on the
census lists did not vote m lite election. Wecannnl
draw any certniu inference fr- m this fact, whether
the two thousand who did not vote were Free-State
men who were driven from the polls, or how other
wise. I on v state the simple fact that but aboul
nine hundred of them voted. The argument on the
other side is, that of the twenty-nine hundred persons
whose names were on the census returns, seventeen
hundred were emigrants from the Southern
States, and hut twelve hundred from the free States.
We do not know wh t proportion of (ho nine hundred
who voted were Krec-Sta'e men from the Northem
States, or what portion came from the Southern
States: nor is it material to decide that quest on, for
only abort one-third of the whole voted. The honorable
Senator has spoken of intrinsic evidence; he
has appealed to what he considers the monumental
record that i? to last as lung as society lasts. 1 appeal
to it ton.
Mr. TOOM US. Do 1 undersAnd my friend t.i aay,
that of the twenty-nine hundred voters rccurdcd on
the census, onlv nine hundred voted?
Mr. BKI,L. Yes, sir.
Mr. TOOMBS. I assure dry friend he is mistaken,
for my friend from Vermont [Mr. Coi.i.amkr] said in
t? > .i 1 _ . i in 1_:_.
mn Mi^ni v>ini m* iiUMlBflim niR'il. 111(1 CUIUJHRIIH
was that they doubled.
Mr. BKM,. I see that my friend frotn Georgia
doe* not understand the question at all, and I was
utterly astonished when I heard hirn in his statement
passing over tr dcuying the principal facts ol
the ease
Mr. COLIjAMKR. Will my friend from Tennessee
allow me to say a word?
Mr. HEM.,. It is needless, I know the facts; hnt
1 wdl allow the Senator Irom Vermont, to say a word,
as he was al'uded to by the Senator from Georgiu.
Mr. OOM.AMKR. The names of the si* thousand
who voted are all on the roll, and when you count
those names, there are but eight hundred of them
who are on the census list.
Mr. TOOMBS I do not understand that.
Mr. 11KI.L,. Docs the honorable Senator from
Georgia say he has examined tho names?
Mr. TOOMBS. They have been examined by a
friend of mine.
Mr. BEIJi. Is it not a fact that only about nine
hundred of those whose names were oil the esnsus
list, voted ?
Mr. TOOMBS. I think that is a mistake.
Mr. HEM,. I can reler to the evidence.
Mr. TOOMBS. What evidence?
Mr. HEM,. To the report of the names that were
polled, compared with these on the census list.
Mr. TOOMBS, That, I think, you will find not to
be a record. That is the difficulty.
Mr. BKlilh But it shows the returns of the election,
and is evidonce.
Mr. TOOMBS. There is no such record in tho
world. Let me explain to my friend what I mean.
The census that was taken was a record. As for all
these accounts, by which it is made to appear that
only eight hundred of those who were on the census
list voted, they do not appear by any lawftil author
ftkljj
TO POLITICS, LITEBAT
WASHINGTON,
ity?by any record. Has any person, on whom the
Senator from Tennessee relies, ascertained the factf
Mr, SELL. Yea. sir.
Mr. TOOMBS. It wus never ascertained by any
authority.
Mr. BELL. The Committeo of Investigation of
the House of Representatives ascertained it.
, Mr. TOOMBS. I do not consider their report a
Record; but perhaps I do not understand what a
record is.
Mr. BELL. Perhaps I do nut know wtiat a record
is. I refer to all the record that oonld exist in such
a care, and I say that this fact is stated on sworn
g evidence. Will that pass for evidence f It was tesr
iimouy taken by authority of the House of Representatives,
by members of both political parties.
I Mr. TOOMBS. If it is evidence in itself it i? evi
1 deuce tor the purpose?not otherwise.
3 Mr. BULL. Tne clerk of the Cuintnitlee of In4
Tcstigution compared tho names on the census rplls
with thoseou the election return lists, or poll-books;
3 snd of the tweuty-nine hundred returned on the
j census rolls In February, 1855, he could find only
eight hundred and ninety-eight names recorded on
! the poll-books or list of voters returned in March.
3 Now, tho question is, whore did the other five thou,
saud and odd votes that were polled on the 80th of
, March, 1855, come from? Front over the borders,
3 of course, or made up by forged returns. These are
facts, as well authenticated as facts of the kind oould
t be?not in ancient times, not in the dark ages, hut
. in the present day of light. Those facts were ascertained
under the supervision of a joint commission
\ of partisans on both sides of tho qucBtipn. I do not
3 desire, however, to pursue this inquiry now, for I
. mean to resume it at another time. I will merely
. suy here, that at tliis election, by those means, every
. member of the Couuoil and House of Kuprcsontat
tives elected, except one, was of the i'ro-slavery
t party. Governor Keeder set aside the election cerr
tificutcs in seveval cases, on the ground of iiregu.
larity or fraud, and now elections were ordered; but
, in those oases where Free-State men were returned
elected, the Legislature rejected their claims to ait as
, members, and admitted those who had been set aside
[ by the Governor. The l'rc-SIavery party thus se3
cured the whole legislature, except one member, us
, I understand the history of the case.
Mr. TOOMBS. That is true.
i Mr. B12LL. Tao honotubls Senator admits that
, to bo true. It was ull a one-sided utTuir, and made
, so by the five thousand and odd voters in that elec3
tion not found on the census returns. The honora;
bio Senator in the course of his speech up;>ealud to
. the judgment of the impartial?to such us have do
. connection with either ol the parties in Katisus?and
| asked what would bo their decision ujion this ques.
tioil. I nppeul to the same impartial tribunal. That
Legislature was elected chiefly by voters from Mis3
souri ?by citizens who had no right, by the organic
i laiv, to interpose in the election. It was irregular,
and unluwful in every sense of the word,
i But, sir, I am anticipating my argument. I
t thought, however, that I would travel out of my
course (or a few moments, in order to show that the
honorable Senator from Georgia was totally tnisF
taken as to the facts that I considered fundamental
i in coming to a right understanding of this question.
, I saw that the honorable Senator from Kentucky,
not having looked into these points as carefully,
i perhaps, us 1 hint done, was utterly amazed?he
seemed to be confounded, when his friend from
i Georgia gave such a totally different version and
, coloring to ths facts connected with the election of
1855, fromVhat he had understood
i The honorable Senator from Georgia has furnished
! me in the course of his argument with sonic points
for consideration, for wh'ch I thank him. _ lie tells
i us in substance, and plainly enough, that it is victory
which is now to be contended Tor. This measure
must be carried, now that an issue is made up on it.
lie lias pronounced high and over-wrought eulogies ;
on the course of the distinguished gentlcmuii now I
i at tho head of affairs in relation to this question. I 1
i shall attempt to show how far, uod with what justioe,
r they are entitled to the eloquent eulogmui of the ;
1 houorable Senator from Georgia; and tins I shall do i
not with a view of manifesting any personal disre- i
i spent to those high functionaries. I do not seek, in <
' anything 1 shall say now or at any time, to detract 1
f from the high personal character of those disliu
guished gentlemen. I am not sure, however, that
they have been the bold and unduunted men that
; they ought to be in the positions which they occupy,
i qt such a time as this, in such a crisis as this, and
s upou sues a question as ttie present. 1 tear that
r they hate cowered and quailed before such bold men
t a* the Senator from Georgia, and others who concur
i 1 with him as to the policy which ought to be pursued
i in relation to Kuiisas affairs.
1 The Senator from Georgia, throughout his speech,
seemed to be resulted upon victory, in carrying out'
1 all bie plana connected with Kansas affairs, whatr
i ever consequence* may follow; and I am afraid that
1 the President and hi* Cabinet have been constrained
1 to espouse thi* measure nnder the positive and imI
penou* requisition of such gentlemen as Uie Senator
I from lieorgio.
I intend, if I hare time, to review the Kamuis-Xo1
breaks act, and its consequences, respectfully to1
wards the authors of it personally, that the couutry
may lenrn a lesson from it. I shall not undertake to
T teach the Senate to what extreme* the passions of
I men may leud them, when they ouco get fully cum
mitted to a violent controversy on such questions. 1
t It was the passion for victory that carried the Kan,
ana-Nebraska bill through Congress, under ctrctun- I
stance* more extraordinary than ever attended the
. passage of sny measure, so important in its conscs
quencca, through any lugialativo body, exctmt perI
hnjis, in the times of revolutionary France. I do not
I mean to say the gentlemen were actuated by bod
i principles or mischievous purpose*; but Senators
I and Kenresentativea seemed to me to hure been so
i intUmea and exasptrated by the tierce collisions o |
f sentiment and opinions between thein and their opI
nonents, that their reason wis taken captive; they
became infatuated, and all their energies catne to be
i concentrated upon one purpose, that of vittorv. It
l will be well to contrast the circumstances and results
of that measure with the circumstances attend
ing the present question, that we may form soimi ra- j
t tionnl estimate of the real Talue of those principles 1
1 or objects Sought to be established or accomplished
i by urging this measure through Congress on the
i one side, and of the evil consequences which may
I follow its adoption on the other. It is more than ini
dicated, it is boldly assumed, by some gentlemen,
I that the rejection of this mensure will be rega'ded j
as a decision that no more slave Slates are to be ad- ;
i mitted into the Union, and tbc coqscquanrrai which
may follow such a decision are pointed to in no !
equivocal language. I<
i There is no gentleman here with whom I differ as ;
to the value of the nnion of these Stat s, to whom I
do not accord honesty and patriotism of purpose.
I There is simply between us a differei.ee in judgment
as to th j true interest of this great country; the true
interest of the South, as well as of the. North, connected
with the Union. When my attention ia invited
to the consideration of the advantage* snd
blessings that may lb low disunion to the South, I
shun the subject as one that is speculative only, and
nrematurelv nrmurht forward Thai ia a a..1.1 ..r
qniry into which I Tio not propose no* to enter. When
an inane it male, when a question d es arise- demanding
such an inquiry as that, I shall be ready to
ente r upon it, and to estimate the value of the Union;
but I will not anticipate the occurrence of any sorb
contingency. When the North shall by any' deliberate
net deprive the South of any fair and just and
equal participation in the bcneliia of the Union?if,
for example, the Territory now proposed to be admitted
into the Union as a State hud not been subject
to an interdict of slavery for thirty \ears? if it
were a Territory such as that lying west of Arkansas,
by climate adapted to slare labor, and by population
atreadv a slave Territory - and if, on an application
of such a Territory (lir admission into the U. b<n as
a slave State, the powerful North, without any o<
the feelings and resentments naturally growing out
of the repeal of the Missouri compromise in regard
to Kansas, ahonld deliberately announce to the
South, " yon shall have no more slave States," that
would afford a pretext with which the South might
with some reason, and with some assurance of the approval
of the civilised world and of posterity, seek in
dissolve the Union. I know that it is supposed by
some that the day will some when the North, in the
nrrngance of its power, will furnish just such a pretext
as I have indicated; and the Senator from
Georgia nnd others hare nrgm.-d this question on tho
ground that it wilt come; but I must see it come before
I will calculate the value of this Union. I trust
that day will never come. I do not believe it will
come, if the South is wise and triie to itself, I wonld
not have the South truckle or surrender any of their
rights, I wonld not have them yield one jot or tittle
of their rights; but I wonld have them make no
questionable issues in advance, stir np no strife upon
unnecessary abstract questions, having no practical
value, but to do alwaya what is just and right upon
all questions. When s people or a Territory applies
for admission into tho Union under a Constitution
" fairly formed, with the assent of the people excluding
slavery, I wonld admit it promptly ; and w hen
an application cornea, on the other hand, from the
people of a Territory who have fairly formed a Constjtntiou
recognising slavery, I would insist upon its
admission as s slave State. If the North should not
agree to this, it would then be time enough to consider
of the proper remedy. Ilat I would make no
m
RE, A G H I.C U L T U It E , NEWS
D. C., SATURDAY, MA
such issue willi the North now, and before uujr ocoa- l
dan f>>r it bee arisen; and 1 regret most sincerely to
bear uny Senator from the North suggesting that
such an issue will ever be tendered from tnat quarter.
1 hare been led te moke these remarks, altogether
out of the course of argument I had intended to pursue,
by reason of the unexpected speech of the Senator
from Georgia [on this Question?his extraordi- i
nary statements and avowals, both as to doctrine i
ana mutters of fact. I hare felt it uocessary, at the
outset of iny remarks, to meet some fef them.
Now, Mr. President, unless this is to be the inauguration
of a sort of saturnalia of principle j unless,
from tbis time tbrth, there is nothing to be considered
as established or permanent in tliia country;
unless all the old landmarks sre to bc'Vemored ; unless
the waters are to be let out, and all tho high wars
are to be broken up, it would be an easy niattjr?the
most easy task in the world?to demonstrate that,
according to all sound principles, there ia at thia
time no application before Couitress. with the uasent
of the people of Kansas, for admission into the Uuion
as a Stale. I do Dot know whether other Hun*ton
have thought of the Question in that aspect or npL
Whut is the true doctrine on this subject? I hod
supposed that there could be >;o disagreement aa to
Ihu true principles connected with the rights and
powers of the people in forming a State Constitution;
nut since 1 hare heard the speech of the Senator
from Georgia, I do not know what principle he
agrees to. 1 s.iv that in no disrespect; but I thought
he was particularly wild, shooting rxlra ilammantia
mcenia mumli, on those high points of doctrine which
lie, in sotne parts of his speech, thought proper to
enunciate. IiouABny person here deny the proposition,
that the people of a Territory, in the formation
of a State Constitution, are to that extent?ijtuudhno?
sovereign and uncontrollable, though still owing
obedience to the provisional Government of the Territory?
Will any Senator contend, that the Territorial
Legislature can either give to the people any
power over that subject which they did not possess
Dofore, or withhold from them any which thoy did
possess? The Territorial Legislature cannot dictate
any one provision of the Constitution which the people
think proper to form. Who is prepared to contend
that Congress can do anything more in this respect
than a Territorial Legislature? It is usual for
the Territorial Legislature, when the people desire
to apply for admission into the Union, in the dbseuce
of an enabling act of Congress, to passu Uw providing
for the assembling of a Convention to form a
State Constitution., llut that is a mere usage, resorted
to wheu Congress has not thought proper to
puss whut is called an enabling act. What is an
enabling act? Nothing more than to signify to the
people of a Territory, that if they shall tnink proper
to meet in Convention utid form a State Constitution,
in compliance with certain forms therein prescribed,
to'insure a fair expression of the people's will, Congress
is prepared to admit them into the Union as a
Stale.
but such an act gives do more power to the people
over the subject of u Constitution than on act of a
Territorial Legislature. But suppose the people,
either under an act of. the Territorial Legislature or i
of Congress, meet in Convention, by delegates chosen j
bv the people, and form a Constitution, whnt then ? <
lias it uuy^ vitality as a Constitution ? . Does it trana- t
litrm Mic Tcrri'ory into a State? Has it auy binding i
force or effect, either upon individuals or upon the 1
community? Nobody pretends that it bos stir such i
lorce. It is only after the acceptance of the Consti- 1
tution, and the admission of the Territory into the I
Union as a State, that there is any vigor or validity t
in a Constitution so formed, liefore that time, it is t
worth no more than the parchment on which its pro- i
visions are written, so fur us any legal qr constitu- I
tional validity is concerned.
Hut, upon principle, the people of a Territory,
without any act of tne Territorial Legislature, without
an enubling act of Congress, can hold public
meetings and elect delegates to meet iu Convention
for the purpose of forming a Constitution ; and when
formed, it has all the essential attributes of a valid
Constitution, as one formed in any other way. Manv
Senators contend that it is the inalienable and indefeasible
right of the people of a State at all times to
change their Constitution in any manner they think
proper. Th s doctrine I do not admit, in regard to
the people of a State; but, in reference to the formation
of a Constitution by the people of a Territ irv,
there can be no question as to the soundness of this
doctrine. They cun form a Constitute u by delegates
voluntarily chosen and sent to a Convention, but
what is it worth when it is formed ? Nothing at all,
until Congress shall accept it and admit the Territory
into the Union as a State under that Constitution.
It is worth uo more in that case than iu the case of
a Constitution formed under a Territorial act or au
act of Congress ; hut it is worth jnst as much.
. The honorable Senator from Georgia says that the
special message of the President on this subject will
stand as a lasting monument of his patriotism, boldness,
and adherence to the high principles of constitutional
justice uud right. 1 say that, according to
the doctrine of that message, the people of a Territory
hare the right at auy time to meet voluntarily
in Convention, in mass or by delegates, and to form
a Constitution; and when so formed, that, in virtue
of the same powers of sovereignty over the subject,
thev can alter or change it, or form a now Constitutution.
at any time before Congress shall have admitted
thetu into the Union as a State, under the
Constitution as first formed and adopted in Convention.
I know that the honorable Senator's argument
upon this point was so mixed up with qualifications ?
such ss that this set of sovereignty must be exercised
in regular form ?that I cannot assert that he has admitted
lite principle I have laid down; but others
have. All agree that no Constitution formed by the
people of a Territory, whether formed in one way or
another, has any validity or binding force until the
admission of the Territory into the Union as a State
under it. Then, according to the admitted principle
that the people of a Territory have a right to form a
Suite Constitution, w ith or without au enabling act
of Congress, or with or without any act of the Territorial
Is-gislature, where is the limitation or restriction
upon the power of the people of Kansas to
change or wholly set aside any Constitution formed
by thetn, at any time before Congress shall have accepted
it? Gentlemen say that the Lecompton Constitution
was regularly and fairly formed, under
the provisions of an act ol the Territorial Legislature.
Let all this be admitted to be true, as
stated?what follows? Have the people lost all
power over the Constitution so formed, before it is
accepted bv Congress ? Suppose the people of Kansas
sbotdfl become dissatished with the Constitution
they first agreed upon, and should desire to
change some of the features of it, or to frame a
new one, before the one first formed has been presented
to Congress, or, if presented, before any action
has taken place in regard to It; could not the
|?ti|nr, miner urn-re rue yireneniiinnn, or KIWND V
the presentation to and the acceptance br Congress, ?
through the name regular forms in which (lie Con- c
stitulion ?u originally formed- that la to say, under f
on act of the Territorial Legislature decide to aet t
aside or rejeet the Constitution which hsd been pre- k
vinualv formed, and proceed to form a new one? 1 r
should like anr honorable Senator to state why thev c
hare not ample and complete power orcr the * hole I
subject until thu last moment before the admission v
of the Territory into the Union ?a a State and this n
upon every principle of sound doctrine and constitu- t
tio isl law known to this country ? Certainly they p
hare. So*, take the case of the Lcooraptoa Consti- f
tutioii. Admit that it was regularly formed, as gen- r
tletnen contend, and that it will not do to look into t
any frauds nor any contriranees that may have been I
resorted to in its formation- suppose it to hare been f
formed with all the regularity and fairness that they t
insist it has -have the pi-ople, in that ease, so tied t
up their hands, have they so filtered their ltialicna- fc
bic right and power over the subject of their form of c
government, tnst they cannot alter, reform, or abolish ji
it?that it must stand as it was originally formed, 1
until Congreaa shall have paased upon it, accepting 0
or rejecting it? p
The idea of the President is, thst when a Territory ?
ia once prepared tor admission into the Union, by p
the formation of a State Constitution, the Territorial
legislature has no power over it. fc
That is not the question. The question is, have ti
the people of the Territory the power over this Constitution,
and have they evereised it? The le-gisla- s
tnre elected in October did proceed to provide for t,
taking the sense of tbe people in regard to this Con- tl
stitiitmn with the same regularity, and with a fair j
ncss less questionable than that of the original clec- g
tion of delegates to tho Convention which farmed ihc p
l-emmpton Constitution, dVid the people have decided j
bv an overwhelming majority against that Constitu- ji
tion. ?
I say, therefore, that, when you come to examine (
this question on every principle connected with the p
inalienable rights of the people, announced by the tl
President and his principal supporters hero, there is R
really no application before us for the admission of n
Kansas into the Union with the assent of Uie people ii
of that Territory. |
Nevertheless, there may be such a condition of j
public affairs as to override all established princi- jpies,
but it must be a very strong case to do that. It p
may possibly he, that a case exists which may justify tl
us in disregarding the munifeat will of the people of i,
Kansas, and taking this iiiltrnment presented to us a
by the President as the legitimate exponent of the v
sense of the people of that Territory, and admit it t
>
V
V *
iimn
<\i III -f uj . i,vv>M
1 r" ' 'p " ? ? > ' ' -~I
, A N D UKNEHA.L MINCKL
If 1, 1858.
j .
into the Union as a State. But unload ouch u ruse
of overruling necessity eon'be inadu out, I maintain
that it ia enough to say, in opposition to this measure,
that there is no application iiuidu to us by the people
of Kansas for admission into the Union under
this Constitution.
Having disposed of this point, as the Senate bus
already determined that it will lake a recess Until
sevcu o'clock, 1 request that, aa but a minute intervenes
between this and the appointed tiuipfor taking
Iho recess, they will do ine the faror to take it now.
Tbo Senate then took a rueess until seven o'clock.
EVENING SESSION.
The Senate re-assembled at seven o'clock P. M.
Mr. UKJLL continued as follows: 1 regret that the
speech of tbe honorable Seuator from Georgia was of
such a character and tenor as necessarily compels
ins to go more into detail on this subject than I luul
supposed would be proper, after the very full investigation
And discussion which has already taken place
ja most of the material poiuts connected with it.
Unless this bill, when it is put to the test of a tinul
rote, shall assume some dillcrcnt shape. 1 shall be
somnelled to cast my vote against it; and after what
lias been said by the Senator from Georgia, I feel it
necessary to make a record of the facts of this cose,
is I understand them? nut such a record us 1 can
hope will stand as long as society lasts, in the language
of that Seuator, bnt such as I think will stand
the scrutiny not only of the prescut but of future
time.
I need say but little in regard to my position in
"elation to this subject, now or lierotofose. I will
iny, that I may cluiiii to be impartial between the
parties that divide upon it. I owe no allegiance to
:ither of them, nor am 1 swayed by any priue of contistencv
which some may feel, leading them to support
all the measures that may be regarded as part and
jarcel of the origiual movement?of the repeal of the
Missouri compromise. The honorable Senator from
leorgia treated this question ns directly connected
with tbe Kansas-Nebraska act of 1854. The contest at
bis time be regards as involving a principle and a
vol icy embraced in that uct. I did not believe, after
ixutnining that measure maturely, and looking at it
n all its aspects, that it would uver bring uny solid
jeneflt to the Sou'h. I never impugned the motives
if honorable gentlemen who took a different view of
he subject, but I did not believe that it would lead
x> the permanent establishment of any principle of
my practical advantage to the South ; but, on the
ither hand, that it would prove injurious to Southern
nterests. I think so still.
With regard to the present difficulties, I lay dawn
is a basis of my conclusion as to what onght to be
lone, that tbe solution of it which promises the speedest
termination of this dangerous slavery agitation
s the true one. This dangerous agitation hus coulinued
long enough. There hus ben no mitigation
>f it in the lust four years. There have been interrsls
of apparent repose, but it was just such repose
ts fore boiled increased disorder ana commotion. It
s time to terminate it.
The question its what is that solution which
promises the speediest and most permanent remedy
'or these difficulties? Divine that to mis whoever
ain, and I will follow h s lead How shall we cut
his Gordian knot of Kansas politics? Shall we cut
t by tbe sword ? Shall wc first subdue the rebellious
action said to exist in Kansas by arms, or shutl we
ittempt to unrivel this tangled skein by s me more
vencelul meansThe President assures us that the
test, and 1 believe I am warranted in saying, from
he language of his message, the only mode by which
his dangerous slavery agitation can be quieted and
veuce bo restored to the whole country, is to admit
vunsas under the Uecomptou Constitution; or, at all
vents, that to adopt this course will localize ugitaion,
and leave the oouutry and the Halls of Con- I
jress free from strife upon this exciting subj.ct.
The President furthermore appears, frotn the
ebor of bis message, to consider that Congress is
inder so obligation, binding it in good faith, to admit
Kansas under this Constitution. He stab s this proposition
in his message, " that the organic luw recog'lised
the right of the people of the Territory, with>ut
an enabling act of Congress, to fimn a State Cunililution,
is too clear for argument." The assumption
then is, that this is a Constitution formed in purtuance
of authority derived from the organic law of
Kansas, enacted by Conerers. He adds, that "it is
impossible that the people conld have proceeded a-ith
more regularity id the formation of a State Constitution
than the people'of Kansas hava doue."
lit another passage of his message he speaks of
this Constitution as having been "fairly submitted
for the ratincution of the people." Hence the conclusion,
that to reject the application of Kuusas t?> bo
admitted into the Union under these circumstances,
would be s violation of plighted faith. It Is also
mid that such rejection would be justly considered
is an outrage upon Southern rights aud feelings, inasmuch
SS the only objection that can he taki-n to I
this Constitution by those who would reject it, is, that
it recognises slavery. That is the position assumed
by Uie I'rrsitfent and those who support his fx 4 icy
ipon this subject, with this addition, that we have
>o r glit to go beyond what appears on the face of
iie Constitution and the official authentication of the
jublic acta and proceedings w icli led to its forma,ion
and subsequent ratihcation by the people; and
.hat whatever irregularities or frauds niAy nitre occurred
or been pntcticed, connected with ita fonuaion
or ratihcation, are altogether foreign to the qucs.ion
before ua; and ao of the queation which has
Kuu raised, as to whether a majority of llie people of
htansn* approve he Constitution or not. All such
nquiries are repudiated as irrelevant. Such is the
ssue made up and presented on the part of the snptorUT.a
of this measure. On the other fide, it is suid
hat the i/ccompton Constitution has been formed in
lurmipnce of no legal authority ; that the organic set
reatea no aucb power in the Territorial Legislature;
hat it docs not reflect the will of a majority of the peo>le;
that great invgulanties took plaoe in theelectinn
if delegates to the Convention lliat foroied it; that the
Constitution was not fairly submitted to the people
or their ratification ; and, upon these grounds, they
my it would be an outrage on Uie righta of the pco>le
of Kansas to impose this Constitution upoo them.
Now, how are Uie facta ? Haa this Cons itntion been
brined in pursuance of legal uuthority derived from
he organic set of Congress ? This 1 understand to
>o the main pillar on which the Argument rests, that
Jongrcaa is bound to admit Kansas under the I<eximpton
Constitution, without inquiiy as to the truth
if any alleged irregularities or frauds connected with
t, or aa to whether the majority of the people apinive
it or not.
I noticed that mr friend from Georgia argued thegenral
questioo to-day on the assumption that that act did
five to the pi-oplc of Kansas thepower to form a Conititntion
; but ne afterward* said Uiat Congress was
lot bound to accept the Constitution when formed
mder atich authority, though he did eontend that
/ongresa would be bound, provided it hnd paased^tn
msbling aet, and the people of the Territory had acepted
and acted under it. If Congress would not be
tound to accepts Constitution formed under Ttrriorial
authority, derived from the organic law, what
that but an admission thst the organic law does
lot contain the power claimed ? It (lie power is
jivon by the organic law, it is in the place of an ensiling
set, and would be just as binding on Congress
i'lit ii the people ot Kansas, accepted it as won Id be
,n enabling act accepted by the people of the Terriory.
With all due deference and respect to the
pillions of the honorable Senator from Georgia, and
he President of the United States. I think there is
10 pretest for the assumption that the organic law of
he Territory conferred any such power as is claimed,
f it did, the organic laws of Utan, New Mexico, and
Nebraska conferred the same power on llie people of
hose Territories, for the language is identical in all
hose laws. The Kansas organic law, after descriitng
the boundaries of the proposed Territory, proeeds
to declare that " the same is hereby erected
nto a temporary Government, by the name of the
'erritory of Kansas; and when admitted as a State
r States, (if divided,) the said Territory, or any porion
of the same, shall be received into the pnioo
rith or withont slavery, aa their Constitution may
iresoribe at the time or their utmiuina "
The organic lew# of New Mexico, Utah, end Neraska,
contain similar provision*, without the variaion
of a word.
I make no account of the other clanar in the Kan
aa organic law, which provides that ita true incut
and meaning was, to leave the people to form
heir domestic institutions in their own way, because
agree with the Senator from Georgia, that that
ives not one jot of power which was not given to the
irople of the Territories of Utah, New Mexico, and
lebreska, by their organic lawn The authority given
a those acts to the Territorial legislatures extended
1 to all rightful subjects of legislation, subje t to the
^institution of the United Stalea." Why waa the
couliar language I have adverted lo employed in
he Kansaa organic act? The purnose it has anwered
we are all well advised o(7 We know that it
nswered folly and completely the design with which
1 waa incorporated into the Kansas-Nebrtiska art.
t served to conciliate the support of Northern men.
t would be a moat mischievous doctrine, indeed, if
1 were true that the organic law of Kansaa gave the
icople the power to form a State Constitution when
lirv pleased, without any limitation as to time or poplatiou,
and to demana admission into the Union
a a right, which Congress eonld not resist without a
iolalion of good faith. According to thia ennstroelon
of the organic law of Kansas, not only Kansas,
111
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L A N Y .
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mmmmmmmm ????????
but New Mexico and Hub, must bu admitted into
the Union whenever the people of those Territories
shall think proper to apply for admission. It might
bp mi great outrage to admit Mew Mexico at any
tune; but to admit Utah, with its Mornioti population,
upon compulsion, would not be so wently/linon
the prmciplt: sought to bo applied to Kansas. The
people of the Territory of Nubrusku, though not ex
cfeding probably some 4,000 to K.OOO in number,
would I lave a right to lorra a State Constitution, und
demand admission into (lie Union now, or as soon
as they think proper to form a Constitution stid demand
admission. *
The idea that the Kansas organic law confers on
the people of Kansas power to tor r n State Constitution,
and demand admission into the Union ul their
discretion is subversive, of every principle that bus
been considered established heretofore in connection
With the udmissiou of uew States. Unless we mean
to tear up all the old landmarks which have regulated
us on quest'oiis of this description, it is a heresy
which ought to bo inet at the threshold. Neverthe
less, it is solclmly maintained by tho President I
tliink it is sufficient proof that this is a heresy, that
the Senator from Georgia, who endorses everything
else in the President's message, abandons the President
on this point, after lie hud stated iu his message
that this point was "too clear to admit of an argument"
Well, sir, to employ the language of the President,
it being too clear to admit of an argument that the
orgauic law of KatiBus confers uo power upon the
people to form a State Constitution, and there being,
of course, no obligation of good faith resting upon
Congress to admit that Territory into the Union
under the Constitution now presented to us, how
stands the main question, and upon what principles
are we to decide it? Just as all like questions have
stood heretofore, when Congress had passed no enabling
act, and is to bo decided upon like principles
of reason, expediency, and propriety. The present
implication of a Territory' to be admitted into the
Union under a Constitution formed without the authority
of Congress, is an appeal to the discretion
of Congress, which has powur to admit or reject,
as may be thought expedient or proper, under all
the circumstances of the cose. The application is
utK'n to all exceptions which msv be taken to it- -to
all fair and reasonable objections?as for example,
that the Constitution does not reflect the will of the
people ; thai a majority or any respectable minority
of them have not been represented in the Convention
which formed it; that a strong feeling of discontent
and opposition exists among a large portion of the
people upon the subject. One object that Congress
ougut to nave in view in such cases would be, to give
general satisfaction, to lay the foundation of good
neighborhood among the inhabitant of the proposed
new Slate. Not ouly should the complaints of the
majority bo inouired into, but these of a minority
ulso. I'tin not know of any instance where Cohgress .
has admitted a State, where there was a respeetuble
protesting minority.
Let us now examine the grounds upon which this
application stands, acoordiug to the principles 1 have
thus laid down.
Let us now examine the grounds upon which this
application stands, according to the principles I have
thus laid down. I am afru>d 1 shall be somewhat
tedious, because ! propose, at the risk of some repetition
of what I have before said, to note all tlie leading
facts and circumstances connected with t ds subject
to be found in the brief and disorderly anuais of
Kansas. When the Kansas-Nebraska bill was first
brought forwaid in the Senate, in January, 1854,
tliere were probably riot over a hundred white inhabitants
in the Territory, excluding some few United
Slates troops. As soon as tho bill passed, the whole
Territory, except the Indian reservations, waa thrown |
open to free competition between the North and the <
Sooth, between anti-slavery men and pro-slavery I
men, to settle, by superiority of numbers, whether :
Kansas should be a free or a slave Territory; for, at
tluit time, the popular understanding and interpretation
of the Kausas-Nebroska act was, that the peo- |
p'c of the Territory were authorized to settle that
question by an act of the Territorial legislature, and
before they should coiao to forma State Constitution. |
To be sure, there wae a clause in the organic law
that this power waa to be exercised, subject to the
Constitution of the United States; but the Constitution
bad bocn in existence more tnau half a century,
and there had been no judicial interpretation of the
Constitution which could lead the people to suppose
that they were not fully authorised to decide the
queation of slavery by a Territorial enactment. A
considerable portion of the people of the North and
East, in resentment of the repeal of the Missouri
compromise, and resolving that the South should not
derive any benefit from what they considered tho
wrong inflicted Ufon tbem by that measure, in tho
establishment of a new slave State, resorted to tha
organization of an emigrant aid society, by wbicb
thev were esabted to furnish large facilities In money,
nud in oiber modes to quicken emigration, with a
vi w to provide a sufficient number of settlers to
control the election of members to the first Legislature,
which it was supposed would decide the question
of slavery in the Territory.
The people in the west* n counties of Missouri,
living in shareholding communities, and feeling a
deep concern that Kansas should Dot become a tree
I.......IJ U! n net OU1K-, wnucu uaaociaiiong on llit'ir
part, and adopted such other nieaatires as they
thought necessary to secure the ascendency of the
Iiio-slavcry settlers in the election of members to the
.legislature. When the day of election came, on the
V>th day of March, 1SS5, many armed companies of
Missonriaus appeared at the polls in most of the election
districts and precincts; and where they found
the judges of election opposed to their views, by
threala of violence drove them away, and substituted
otbera in their place; where they found ihc judges
frlbndli to their views, they allowed them to remain
in the discharge of Ibetr duties. The result, without
going into further dttnils on that point, was, tl at
every pm-slavery candidate l ot one wi a returned as
elecltd. The ret urns of the census, taken, under a
requirement of the organic law, one month before
tins election, showed twenty-nine hundred and Ihnse
(8,90$) qualified voters then in the Torribtry. At the
election, six thousand three handred and seven (i>,8o7) ,
rotes wet* polled. Of the 2,908 whose names were i
upon the census rolls, only S9S voted at the election. [
This tact appears by the comparison of the names on j
the poll-boots with the census returns. These facta ;
speak lor themselves. Either the census icturna
were false, or the Frcc-SoiI voters were driven from
the polls. Mut, be that as it mar, it appears certain
that some four or Are thousand Missonrioua voted at
the election, or the returns were fraudulent.
Complaints were made from several precincts that
the election was carried by violence, and Orvernor
Uecdcr set aside the returns in several coses, and
ordered new elections; snd in all these eases, except
one, Free-Soil candidates were returned clecti-d.
When the legislature met, however, they were all
ejected, and tne persons first returned as elected allowed
to take their seats--So that the Legislature
mnv be said to have been a unit on the slavery
question.
That body proceeded to enact a code of laws. No
act was passed establishing or prohibiting slavery.
The question was not put to a vote in any form, except
on the passage of stringent laws for tne protection
of slave property; ana, among others, s law was
enacted, making it a felony, punishable by two voir a
imprisonment at hard labor, to assert! either by
speech or writing, or to circulate pamphlets, magazines,
or any printed matter, asserting that it wss
not lawful to bold slaves in Kansas. Test oaths were
prescribed for voters, snd other regulations for the
Conduct of subsequent elections, well calculated, if
not designed, to ensble the pro-slavery patty to carrv
all elections, and to keep the Gorertimrntnf the Territory
under their control; and they succeeded in that
object until October, 1887.
In explanation of, and in justification of, these
nign-rianuen prnceeoings, commencing with the H?v
tion in Marrh, 1833, it is alleged tliat a gigantic
fraud was committed by the Emigrant Aid (Society
in attempting, by unusual and violent means, to
make Kansas a free State. I hare no defence to
make of the proceedings of that society; but it is
material to state that, upon.investigation, t tind that
before the first election, in Marcn, 1 SoA, only one
party or company of emigrants arrived in Kansas
under the auspices of the society, consisting of 1rti>
souls, men. women, nnd children,'and that 37 of them
voted at that election. I deplore, as much as anv
man can do, the apirit in which this Emigrant Aid
Society was gotten up. I believe that it tended
strongly to ptomote and foment diacord, not only iu
Kansas, but throughout the country.
The Territorial Legislature having passed acts of
the character and tendency I have auud, Imin that
t me forth, it is fair to both sides to stale that the
mass,'at least much the largest portion of the FreeSoil
party, or the Abolitionists, as gentlemen, according
to their tastes, choose to call them --and no doubt
many of them were Abolilionisle avowed their determination
never to submit to the authority of the
Territorial Government, nor to yield obedience to its
laws. That apirit of resistance and rebellion against
(lie Territorial authorities continued to cust to October
last.
I truat that I have, so far, given ths history of
Kansas affairs truly ami fairly. I agree with the
Senator from Virginia [Mr. Hi nts*,] that, as a question
of duty and public morals, the Free-State men
ought to hfivc submitted lo the authority of tho Territorial
Government, snd to have waited, like good
t
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t
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. i nr. jo li NO. lit. I
---I l.-lilLLLJ-JBg
citizens, with imtwnee, a remedy for their grievances,
Eif-s
a reasonable time; tor, as tho Heuator from Virginia
says, and say* truly, whether a Uuyerument be
founded in fraud or usurpation, or not, there ia a
necessity for seme Gov eminent; no society can endure
in a state of anarchy ; civil war and blood-shed
are worse evils than the endurance of an unjust
Government for a abort period.
To rcHurne my narrative. The second election for
members of the Legislature ?n<* Delegate to Congress
caine on in October, 1660. The Territorial Legislature
having passed an act iu 1886 for taking tho
sense of the people upon the call of a Convention to
form a Stute Constitution, at the election in October,
IK'ili, a vote was taken accordingly on that subject.
The ttumbrr of votes polled at that election was
ubout twenty-live hundred (2,600.) the Free-State
nu.1 v ...it 111 il i..I 11 t w-i:
in tutor of tlui call of u contention, and none but
pro-slavery men were elected to the Legislature.
I have omitted to state in the regular order of time
that the Free-Soil leaders celled s meeting of Uie
people in 185/i, at which delegates were chosen to
meet in Contention at Topeka in (September of that
year, to form a State Cuustitution. The contention
met, formed a Constitution, and application was made
to Congress for the admission of Kansus into the
Union us a State under it. The House of Kepresentatitei,
in 1W6, passed n bill to admit Kansas
into the Uuion under that Constitution, but it was
rejected in the Senate. What the motive wus to this
proceeding on the pert of the Free Soil |>arty may
well be supposed to here been, as many alleged it
was, to.bc relieved from the unjust legislation of the
Territorial Government.
The Topeka Constitution has been stigmatized as
a revolutionary movement. If a government bud
been set up under it, it would bute been so, undoubtedly.
Hut, though there have been two elections
of a Governor and members of tho Legislature under
that Constitution, yet mi Government has been put in
opcratiou under it; though I have no doubt that
some of the more desperate leaders of the party
which formed Uiis Constitution were prepared to
take that stop, and would have done so if they had
not been overruled by the more moderate portion of
their followers. Tho Senator from Virginia |Mr.
Hi ktku I took no notice of the formation of the Toiieka
Constitution, except to ridicule it, as General
im-Lane's production.
1 aui not sure that he was warranted in Resting it
with so much disrespect, when the President put
forth the doctrines to be found in his special meesugu
upon the subject of the right of the people at
all tunes to change their form of government; unless
yon deny to the people of a Territory a right
which you concede to those of a State in that respect.
which would be contrary to the principle of
popular sovereignty so strongly maintained Dy tho
authors of the organic Law ot Kansas.
The Legislature elected in October, 1800, met in
January, 1*57, and. in conformity with the rote of
twenty-five hundred of the people in the preceding
October, they passed an act providing for the election
of delegates on the 16lh June to a Convention
to meet in the following September. Gov. Walker
made his appearance in the Territory in May. Ho
published an address to the people ot the Territory,
which was declared to be in conformity, with the I
views of the I'rcaidnnt and his Cabinet. In that address
he assured the people of his determination to
use every means in bis control to prevent all disorder
and violence at the election to be held on tho 1
15th of June, and earnestly advised the Free-State
party to go to the polls and vote for delegates to the
Convention; warning them, that alhough he would _
use all his tnfitienoe to have the Constitution, when
framed, submitted to a vole of all the boua tide inhabitants,
and had no doubt that it would be so submitted,
yet be had uo authority to dictate that course.
by the act of the Legislature providing for the election
of delegates to the Convention, the most obnoxious
of the test oaths prescribed by the first Legislature
wus repealed, uud a census was directed to be
taken, and a register made of the qualified voters in
each county, which was to be the basis of tbe apportionment
by tbe Governor of delegates among
the several election districts into which the Territory
was divided, and also the test of a right to vote in I
ti?e election, line objection to going to tbe polls, us I
slated by tbe Free-State party, was. that of the thirtyeight
counties of the Territory, including Arapahoe,
iu winch there was uo population, there had been no
register made of the qualtlied voters in nineteen of
them, as the law required, and that no census had
been taken in fiftoen of those nineteen ; and that, as
a matter of course, tbe people in those counties could
not vote. Gov. Walker and Secretary Stanton confirmed
this statement, and tbe fact is indisputable.
1 do uo( see what could be a greater or more fatal
irregularity in getting up a Convention to forui a
ISWte Constitution. Sir, one-half the eonnties of a
Territory left unrepresented?allowtxl at> vaioe in the
Convention; is that no objection to a Coii?titution
formed by a Convention so constituted? Tbe Senator
from Georgia paaaed this irregularity over as a
matter of slight or no consequence. It had, be said,
been satisfactorily answered and accounted for.
Where is tbe explanation or justification to be found
of tbia gross irregulairty f Upon wbat eviduuee
does it rest? I have seen or heard of none which
does not appear to me a mere pretence?an evaaion.
To say that some-Free State uuu. in aomc one, two,
or three of thoae counties, refused to be registered,
and thrcatended the officers with personal violence
if they persiated in the discharge ot their duliea, was
a sufficient reason for taking no census and making
no register at all in nineteen counties, appears to
me to be preposterous. When gentlemen talk of there
being no irregularity in forming the C invention, I
must believe that ttn-T have not examined into the
facts connected wdh the subject. It ia alleged that
the population ill the nineteen neglected counties
was smull. In msny of them, that no doubt was so;
but still, sfter deducting the nine thousand two hundred
and fifty-oue legal voters returned on the register
made out In the other nineteen, judging from tho
number of votes polled in October, 1857, and again
in January following, there cannot have been Iras
than three thousand legal voters in the neglected
counties. Thus It appears that the sixty delegates to
the Convention were elected by tbe nineteen counties
in which registers were duly msile out, while not a
single delegate was voted for or elected in tbe other
n neteen counties of the Territory. Gov. Walker, in
one of hia letters to Secretary Cass, states, that in
some of the neglected counties the people made out
a register an their own authority, and elected delegates
to the Convention, hut they were not allowed
seats, on the ground that their election was irregnlar;
and the further significant fast ts stated by him that
in the election of October, 1857, mom votes were east
ia three of the neglected counties than were given to
the twenty-eight delegates who formed the Lecomptnn
Constitution.
But I am departing from the order of mt narrative.
The election of the 15th of Jnne fbr delegates
to the Convention was held. The Free-State party
did not participate in it, assigning as a reason for
their refusal to do so, besides the one I have just
mentioned, that they hsd no confidence in the officers
who wore to hold Hie election, and the opinion given
bv Governor Walker, that any Constitution which
might be framed would be submitted, for ratification
or rejection, to a vote of all tbe people in tbe fall,
whether they voted at thin election or not. At this
election, when H may be presnmed tho I'no-slavery
partv Put forth their whole strength, only twenty
two hundred (8,>00) votes were polled?leas by three
bond red (8'H>) than the vote polled in October, lh.%9 ;
but the lone may be fairly accounted for by the ex- '
clnaion ol the pro-slavery rotera in the nineteen
coon (tea in which there was no register.
The convention met on the Alb ot September, but
adjourned to a day in October, aa it waa undentood,
to await the reauli ol tbe Territorial election fixed for
the first Monday of (hat month, (lor. Walker had
given the strongest asanraneea of hia purpose to nae
all the meana in hia control to preaerre order and
prevent riolenoc in that election. Omvewtiooe were
called, nominating eandidatea on both sides. On the
one aide they were called National Democratic candidal*;
on the other aide, Free-State candidate*,
or, if yon pleaae. Abolition candidates it is no matter
br what name they were called. By that time,
two thouaand regular troops had arrived in the Tcrritory,
sent at the earnest request of Got. Walker,
who stated that that was the onlv mode of pres.'rein?
peace and preventing bloodshed. Me stationed
them at different and the moat exposed jminta, on
election dav, to prevent inroads from Missouri, or
any other disturbance at the polls. Tbe result was,
that the Free-State party proper cast some wren
thousand six hundred (7,f0J) votes; and the National
Democratic ptrty, compose! of pro-alarery
men and such of the Free-State Democrats as united
with tbem in the election, polled some three thouaand
aevon hundred (8,700) rotes. It is material to
state that Ransom, the candidate for Delegate to Congress,
nominated by the National Democratic party,
waa Free Soil in his principles. Altogether there
were upwards of eleven thousand votes cast at that
election, after rejecting some twenty-eight hundred
(8,AO") votes, found to have been fraudulently retained;
sixteen hundred (l.tt'Ki) from the famous Oxford
precinct, and twelve hundred (1,800) from MoDee
county, in which no poll was opened. These are
all strong fact*, but the Senator from Denrgia can
gee nothing in them. That Senator asked Tor the
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