Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-12-17


siderations arc TO be argued what right congress
would have Congress would have no right to
refuse 10 admit Kansas under the Lecomptom
Constitution.
The Tcople of Kansas never proposed to
form u State Government without the consent
of Congress. The Convention was held subcr-
iilate to the Territorial government; il admii-
ted into the Union, State government will take
the place of Territorial Gov, llnt and n
without If any attempt were It.ade to subvcrt
the present government and set up another in
opposition to Federal authority, We could sub
jugate it, but they do not propose to interfere
with Territorial government until the assent of
Congress is received. There we're eight States
in the Union which formed their Constitutions
without an enabling act for admission, two of
which the Senator from Illinois himself voted.
Florida and California had no enabling act If
Mr.. Douglas could vote for these there could
be no reason why he could not vote for the nd
mission of Kansas. The assent of Congress-
may be given any time and organize an act AID
declare the people of Kansas shall be perfectly
free TO form aud regulate theil. domestic nsttu.
tions their own way. That way was to leave it
to the action of the Convention which was un-
der no obligation to submit the Constitution or
any part of it to the popular vote. They chose
to submit the Slavery question: which was the
great bone of the Constitution, as matter OF
policy and prudence and not from any legal
compusion. Whatever was his opinion, the
submission of that question was better calcu-
lated to get the real will and Judgment of the
people than if the whole Constitution had been
submitted. In conclusion he urged the impor-
lance of deciding the question speedily, SO as to
put an end to the constant agitation which had
so long cmbittered the feelings of the different
sections of the Union. He thought the CoHSti.
tuition met the appreciation of the majority of
Kansas and if any of its provisions were OBJ
noxious then they would have the power of
modifying or changing them at any time.
Mr.. Douglas replied, for he was gratified with
the tone and spirit in which the Senator from
Missouri discussed the question, but as that
Senator seemed to have Inexperienced his po-
Sition us laid down in his speech delivered the
other day, he would make a brief statement of
one or two points i'll order that the Senate and
country might see what his position really was
First, he did regard it as fatal objection that
there was no enabling act in advance.
Secondly, he did not take the position that 1t
was fatal obligation that the Constitution was
not submitted TO the people before twas sent
to Congress for acceptance. The position he
did assume was that the regular mode of pro-
cerding is by an enabling act, but if the Terri
torial legislature proceeds to call a convention
without having the consent of Congress to do
So that is irregular, but not so irregular thatitis
necessarily follows that all proceedings are ylolat-
ed. A convention or any other body of men
may send petition to congress for change in
the form of their government, and Congress is
at liberty to accept or reject the petition as It
pleaseS pis ~,
The Le:ompton Convention was not an I'M
lawful body and might send petition, but 1T
was not a Convention of authorized, established
or instituted government for ITSELF many States
had been admitted without an enabling act first
being passed by Congress. The schedule said,
the Constitution should be submitted to the
people Of Kansas for approval OF disapproval
and no Constitution could be considered as re-
publican which did not embOdy tho will OF the
people who are to be governed by it, and was
not formed by their own action. The next qucS-
ton was, what is the best mode of asccrtaining
that will? He agreed with the President that
the best mode was to refer j to the people for
acceptance or rejection by fair vote; he could
not admit that the Constitution forced upon the
people against their will, was a Republican Con-
stituton. Congress had no tight to cram good
things down their threats against their will
The question was whether the people Shall
be permitted to form their own Constitution
| The Senator from Missouri urged the impor-
lance of terminating this controversy. Now
he IDouglasSl would no anything that was right
ana proper 10 terminate it. He would sacri-
lice anything but principle and honor and
country in order to close this unhappy agita-
ton, but how are VIC TO do i'll Itmitst be done
upon the principles of eternal justice and truth
or it will not stay closed. Congress must ter
inmate it upon the principles of self government
or they will not have the republican. system of
government. No system of patchingit up or
trickery will settle this question. Instead Of
having peace it will only be beginning new
controversy, and it would be necessary to in
crease the army aud use the military power Of
the government, if the majority were.to be sub
iect to the oppression of the minority; hetrus-
ted there could be no outbreak, no violence, but
feared that such would be the result if the ma
jority of the people Of Kansas were to be coerc-
cd to submission to the will Of the minority
The Senator from Mo-, said they could change
their constitution Immediately after they become
State, but Douglas argued on the other hand,
it could not be changed until 1864, and then
only by convention, tosbe called by two-thirds
of the Legislatures; it was principle, of law,
when constitution provides for its being chang
ed at any particular time and in a particular
name it excludes allother times aud all other
modes, any court in christendom would thus
construe it and the only other mode Of changt
ing their constitution would be by revolu-
ti0n This sche;ne therefore is a scheme
of civil war and leads directly to var, if he
should vote tor vote to admit Kansas under
the Lecompton Constitution, he should feel
obliged in consequence, to increase the army
and enforce if at the point of the bayonet.-
Hence he besought tie Senators to pause before
they committed themselves to such fatal error.
This was not to lie regarded MS an nCltninistra-