Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1857-12-24

\ AuO !SStucll, w HIS UleSSISe, has InaQe an
| unanswerable argument in favor of the princ-
pie which requires this question to be sent
back. 1t is stated in the message, with more
clearness and force than any language | can
| command but | can draw your attention to
it and refer you to the argument in the mes
sage, hoping that you will take it as part of
my speech--as expressing my idea more forei-
bly, than | am able to express it. The Prcsi-
| dent says that question Of great interest,
| like the slavery question, cannot be fairly de-
cided by convention of delegates, for the rea-
son that the delegates are elected in districts,
and III some districts delegate is elected by
q small maj ority in others by an oYerwhelm-
ing majority ; SO that it often happens that a
majority of the delegates are one way while a
majority of the people are the other way and
! therefore it would be unfair, and inconsistent
with the great principle of popular sovereign
( ty, to allow body of delegates, not represent
! ing the popular voice, to establish domestic in.
stitutions for the mass of the people This is
/ the argument to show that you cannot have a
/ fair and honest decision without submitting it
/ to the popular vote. The same argument is
conclusive with regard to slavery.
Bat, Mr.. President, is estimated in the mes
! sage that although it was an unfortunate cir
/ cumstances much to be regretted that the
LecoDpton convention did not submit the con
sutut'on to the people, yet perhaps 1t may be
/ treated as regular, because the convention
was called by a Territorial Legislature which
had been repeatedly recognized by the Con
! greSS of the United States as a legal body -
| | beg Senators not to fall into an error as to
the Presidents meaning on this point He
does not say, he does not mean that this con
! yent!ol had ever been recognized 10y the Con
greSS of the United States as legal or valid -
On the contrary he knows, Us We here know
| that daring the last Congress | reported a bill
| from the Committee on on Territories to au-
! thorze the people of Kansas To assemble and
| form a conStitntion-for themselves. SubSe-
qaently the Senator from Georgia Mr.
| TOcMBs brought forward q substitute for nv
| bill which, after having been modified for him
| and myself in consultation, was passed by the
Senate 1t is known in the country as i" the
! ToombS biii'' 1t Authorized the people of
! Kansas Territory TO assemble in convention
! and form u constitution preparatory 10 their
| admission into the Union as State That
/ bill, il is We'll known, was defeated in the
| Hoase of Representatives. 1t matters not,
! for the purpose cf this argument. what was
I W
son was political one whether it had reference
TO the then existing contest for the Presidency;
whether it was 10 keep open the slavery qGes-
ton whether it was conviction that the bill
wolId not be carried out whether it was be-
cause there were not people enough in Kan
SaS 10 justify the formation OF a State no
matter what the reason was, the House o!
| Representatives refused TO pass that bill and
thus denied % the people OF Kansas the
| right 10 form a constitution Bnd State govern
| meat at this time So far from the Congress
/ Of the United States having sanctioned or lc-
.aIzed the convention which assembled n L.
compton, it expressly Withheld its assent. The
| g>>cut has not been given, either in express
terms or by implication and being withheld,
| this Kansas constitution has just such validity
| AMI just such authority as the Territorial LIE
| ss!ature Of Kansas could impart to it without
! the assent aud III Opposition the knoFn viii,
of Congress.
/ Now. SIR. let me ask what s the extent of
/ the authority Of Territorial Legislature as
! To calling a coastituto convention without
| the assent OF Congress Fortunately this is
not 4 new question; it does not LOW arise sov
! the first time. When the Topeka constiu-
/ tion was presented TO the Senate nearly two
! Years ago. il was referred TO the Committee
on Territories, with variety Of measures Tt
/ Iaiin- 10 Kansas The committee made l full
I report upon the whole subject. That report
reviewed all the irregular cases which had oc-
CARED in our history in the admission Of new
States The committee went on the supposi-
I tioa that whenever Congress had passed au
/ enabling act authorizing the people OF Ter
ritoIy to form a State Constitution, the con.
ventou was regular, AMI possessed aIl the aU-
thority which Congress had delegated to it /:
+ bat whenever Congress had failed or refused
. to pass an enabling act, the proceeding was
/ irregular and void, unless vitality was imnaF'-
! ed 10 ii by subsequent act to Congress adopt
inc and confirming IT, The friends of the To
! peka constitution insisted that although their
/ proceedings were Irregular. ;heTe we're hot 80
( irregular bu; that Congress could cure the CT
rlr bv aduittin. Kansas with that coaStltu-
: lioa They cited a variety Of cases, amongst
Others the Arkansas case In my report,
, sanctioned by every member Of the Commit
! tee on Territories, except the Senator irom
+ Vermont, Mr. CoIEANrRs | reviewed ;hc
I Arkansas case as Well as the others, aud al
frifed the doctrine established by General
Jacksoa's administration and enunciated in the
opinion of Mr. Attorney General Butler, a
I part of which opinion was copied into the re-
port and published to the country at tae
time
Having thus shown that the convention AZ
! LecG mpiion had no power, no authority 10
form and establish q government, but had
power to draft petition. if il embodied the
will Of The people Of Kansas, ought to he taken
as such an exposition Of their Will yeT, ii II
did not embodv their will ought to be reject
ed-having shown these facts let me proceed
and inquire what was the understanding OF
the people OF Kansas, when the delegates were
eIar.fed | understand from the history OF