New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-05
FROM WASHINGTON.
JUDGE COLLAMER ON KANSAS.

Editorial Correspondence Of The N. Y. Tribune.
WASHINGTON, Thursday, April 3, 1886.
High expectations were entertained of Mr. Col
lamer's speech to-day in defense of his minority
Report on Kansas; and think they were more than
fulfilled In Mr.. C.'s manner there is nothing iu-
FASHIONED or mpetuous; he speaks deliberately aud
calmly, like chief-justice from the beach rather
than an advocate at the bar. His Positions are
carefully taken and strongly maintained; the very
moderation of his manner and statements are cal
culated to give weight to his cOnclusion' could
not give so much Importance to forms and prece-
derts as he is inclined to do, but there are many
who share bis reverence for what has been, and 70
whom his line of argument will address itself with
q force which nothing savoring OF novelty and
"Higher Law" could exert He proved conclu-
siyely to-day that the fundamental u.s.
sumntious of the Kansas Nebraska bill were
At WAR with the unbroken practice OF Our
Government that, so far from having no
power over Slavery in the Territories, Congress
had always held and exercised that power pro-
hibting the importation Of slaves into u s. Terri
tories in l79e-ten years before it had any consti-
tutional right to prohibit their Importation into
States-and following this up by enacting that the
bringing into the vast Territory of Louisiana OF
slaves imported in violation Of the foregoing law
should subject the introducer to punishment and
entitle the slaves thus introduced to freedom.
Similar assertions by Congress of power to legis-
late on Slavery in the Territories are found at dill
ferent periods, and were never seriously ques-
toned down to 1853.
Mr.. Douglas had encountered this difhculty;
"Since you say that the full power given by tue
Constitution to Congress over the Territory and
other public property of the United States is held
BY YOU not to involve the right to legsate for the
persons nbabiting such territory, where do you
find your authority for any legislation by Congress
for those people-in the organization Of Terrific
rial Government, for instance Nay: where do
YOU find authority to acquire territory at all"
81 find it," says Mr. Douglas in his Report sin
the power given by the Constitution to admit neD
States If Congress has the power to admit them,
il must have the antecedent power to acquire ter
rtory and fashion it into embryo States" (This is
like arguing the legitimacy Of a child from the
fact that he has been baptized) But Judge Cola
mer showed that the U. S. Supreme Court held
Just the opposite of this, and pronounced Gin Car
ters CASEY by Chief Justice Marshall the power
to acquire territory natural and necessary incl
dent of Sovereienty-Of the power to make war
and peace. So Judge Marshall held that the Fed
eral Constitution is extended territory by
the naked fact of its acquisition by our Govern
ment. If the Constitution, as Mr.. ID. asserts, is
only extended over and made operative in Terri
tory by virtue of an act of Congress, then Congress-
by repeating that act, may throw the people of
that Territory out of the pale of the Constitution
But must not attempt to follow Judge c. in
lis triumphant march over the law and logic OF
Douglass Report. Let me speak rather of some
newly asceItaiIed and important facts with which
he closed for to-day:
Douglas had admitted the fraudulent voting in
Kansas so far as relates to the seven districts
whose returns Gen. Reeder rejected; but argued
that the other returns all good, and the votes
they receptulate untainted by corruption. There
was the same authority for pronouncing these good
as the others bad; and this left clear majority of
duly elected Members in each House, and thus the
acts Of the Territorial Legislature are valid laws
Judge Collamer very forcibly replied that Legis-
lature cOnfessedly One-third fraudulent could not
exert any rightful law-making authority. The
force of the Governors veto depended on the fact
that one. third of the members cOncurred with him
in Directing to act of the majority; but here is
the third brushed away by an arbitrary decree Of
that majority paralyzing the veto power.
But how do we know that "the majority were
not all legally and fairly elected7" Answer: We
know it by their course with respect to the minor
ity. In ejectiDg those members who had been
elected at second trial, and admitting without
scrutiny or debate all those who were elected at
the first trial and unseated by Gov. Reeder, the
majority virtually admitted that they were confed-
crates in common fraud. They knew that their
own election had been carried just like that of the
minority whom Gov. Reeder had uuseated; the
only difference was that one set had been legally
detected and the other not.
But Judge COllamer did not rest in differences,
however irresistible He produced the long ex-
pected Executive minutes Of the Territorial Gov
eminent of Nansas, which should have been sent
forward in January, but which have been received
within the last few days. BY the help of these he
was enabled to make this blasting exhibit:
In February of last year, Gov. Reeder as re.
CURED by law, had Census of Kansas taken, as
basis for the division Of the Territory into Coun-
ell and Representative Districts, and the appor.
tonment of members to eachTwhich apportion-
ment was accordingly made. On the 30th Of the
following month, the Legislative Election was
held and the vote then taken in districts not con.