The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-17


rights OF more inalieiiable rights That would be
solecsm and contradiction From these consdeatons
argued that Congress would have right 10 refss 70
admit Kansas under the Lecompton constitution. re
then up the celebrated Arkansas case and replied TO
the argument of Mr. DoUGLAs, founded thereon he
maintained that the people of Kansas never proposed 70
form State government without the consent OF Con
gress The convention was held in suborinaon to the
territorial government If admitted into the Union the
State government will take the place Of the territorial
government and not without. If any attempt were TO
be made to subvert the present government and set up
another government in opposition 10 the federal author
ity we could subjugate il. But they do not propose
10 interfere with the territorial government until the
assent Of Congress Is received, This harmonizes
with the opinion Of Attorney General Butler upon
which Judge Douglas had relied. There were eight
States in the Union which formed constitutions with
out enabling act, for the admission OF two OF
which the senator from Illinois himself voted Caiior
MIA and Florida had enabling act II he could vote
for the admission of California and Florida there could
be why he could not vote for the admission OF
Kansas, The assent of Congress may be given at any
time Ill I .a.H.at a5r 8I
The organic act declares that the people Of Kansas
shall be perfectly free to form and regulate their domes
tic institutions in their own way That way was, To
leave it to the action of oonventon and the conlen-
ton under obligation to submit the constitution
any part of it, popular vote. They chose to sub
NIT the slavery question, which the great bone OF
contention matter of policy and prudence and not
from any legal oompulsion whatever And Mr.. Y. de-
olared it his opinion that the submission oil that
question alone better calculated TO get the real VIII
and judgment of the people than ii the whole consutu-
ton had been submitted 1t had also been said that the
people of Kansas had been deceived and that positive
pledges and promises to submit the consultation had
been made and violated That was a matter about
which there had been great deal of controversy and as
had positive evidence, he did not think it proper
to dwell ON it. , -H. .s.... 81
Mr. c. concluded his very able and logical speech by
urging the Importance of deciding this question speedily
SO put end to the constant agitation which had
long embitteed the feelings of the different sections OF
| tJa m He The
baton of majority of the people of Kansas and any
OF its provisions obnoxious to them, they would
have the power of modifying changing them at any
time. #rt N.l >..... e. % 30. .... . r...
Mr. DOUGLAS expressed his qualification at the tone
and spirit in which the senator from Missouri had dis
cssed this question but that senator seemed to have
msapprehended his position as laid down in the speech
delivered the other day. he would make brief statement
ON one or points in order that the Senate and the
country might what his position really was First,
he did regard it fatal objection that there no
enabling act in advance and second he did not take
the position that it was fatal objection that the consti-
tuition not submitted to the people before it was sent
Congress for acceptance The position that he did as
was that the regular mode of proceeding is by an
enabling act but the territorial Legislature proceeds TO
call convention without having the consent of Con-
gress to do So that is irregular but not irregular that
necessarily follows that all the proceedings Vated
convention any other body of men may send pctl'
ton to Congress for change in the form OF their gov
eminent and Congress is liberty to accept reject the
petition it peases. The Lecompton convention was
not unlawful body and might send petition but
it not convention authorized to establish or inst
tute government for itself Many States have been
admitted without enabling act first being passed by
Congress. tt5t3. .tt as sst tisfss# #@asr. .
Mr. D. then urged that the schedule said that the
sttution should be submitted to all the people OF Kan
sas for approval disapproval No constitution could
be considered republican which did not mbody the
will of the people who to be governed by it, and was
not formed by their action The next question was what
is the best mode of ascerainng that will He agreed
with the President that the best mode to refer it TO
the people for their acceptance rejection by fair vote
He could not admit that constitution forced upon the
people against their will republican constitution
1t use to say that it was good constitution
Congress had right to good thing down their
threats against their will The question was, whether
the people should be permitted to form their const
tuition The senator from Missouri had urged the i'm
portance of terminating this controversy Mr. ID. said
he would do anything that right, anything that
Just in order to terminate it he would sacrifice every
thing but principle and honor and country in order to
close this unhappy agitation. But how to
do it 1t must be done upon the principles of eternal
justice and truth, it will not stay closed Congress
must terminate it upon the principles of self
they will not have republican system OF government
No system of patching up and trckery will settle this
question Instead of having peace, il will only be the
beginning of new controversy 1t would be necessary
to increase the army and the military power Of the
government the majority were to be subjected to the
oppression of the minority He trusted there would be
outbreak and violence but he feared such result
if the majority of the people of Kansas to be coeced
into submission to the will Of the minority. g ,4A.
The from Missouri had said they could change
the constitution Immediately after they became State
but Mr. d. contended the other hand that it could
be changed until 1864 and then only by convention to
be called by wothirds OF the Legislature 1t prn-
cpe of law that when constitution provides for its be-
ing changed particular time and in particular man
ner it excludes all other times and all other modes
Any court in Christendom would thus consrue ii and
the only other mode of changing their constitution would
be by revolution This scheme, therefore, is scheme
of civil it leads directly to Ii he should vote
to admit Kansas under the Lecompton constitution he
should feel obliged in consequence to increase the army
and enforce it at the point of the bayonet He therefore
besough senators to pause before they committed them
selves to such fatal This not to be regarded
administration every the floor of
the Senate perfect liberty to vote for against
without sundering his party ties. But the adoption of
the would not only rend asunder the democratic
party but endanger the peace and perpetuity of the
Union. The President of the United States frank
man and he did not believe that the President would
ask his party do that to which he unwilling to
NIT himself paper He did not believe that the Pres
dent would ask their necks into the halter
of dsunon civil before he ready to take the
lead and point out the way Then let restore peace to
the country by ignoring these irregular conventions L
compton and Topeka and authorize the people to go
ward and form constitution and State government for
themselves That, he believed, would restore quiet in
ninety days. =as4 H5# 4f. Iss ...s
Mr. GREEN briefly replied reiterating his position that
the convention under obligation to submit any
part of their labors to vote of the people but II they
thought best of policy to submit any ques
tion that of slavery the most proper TO be sub
mited He also denied that the people of Kansas would
be compelled TO retain their present constitution unchan