The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-11


They cannot determine what sort o. legislature they
shall have, of how many members II shall consist
what tho qualifications Tor membership shall be. They
pass the right Of suffrage They cannot deter
TO the creation OF banks, other corporations and
thousand other things which are put into the consttu
by tho people oil States for the government
Of free white men, but they may determine what shalt be
the condition OF few negroes hereafter 70 BIO introduced
and that is the great principle OF popular sovereigntyac
cordng to the message shall have occasion at some
future time speak at length in regard TO this docu
ment. NY only object in rising now was to meet the
assumpton--not founded, as conceive, in correct law
that the convention which assembled under the authority
Of the Territorial Legislature was legitimate convention
II not good convention as the one which met at
Topeka because that convention did cmanate from por
tion of tho people at least whereas tho Lncompon Con
vention emanated, as insist, from set OF usurpers
Mr. BRowN--An hour and a half since moved an ad-
journment because then saw, and stated that
merits Of this message document of SO much impor-
tance needs, hink-so far as myself am concerned
knowto be deeply studied before Senators express
opinions upon which bind them, and, to very
great extent give direction 10 public opinion throughout
the Union, and may say throughout the world. There
seems to me, sir to be an eagerness to enter upon TINS
discussion; anxiety to find fault on the side and
to applaud on the other but more especially, seems,
to find fault with the mperfectly heard from
the secretary's desk and perhaps mperfectly
dersood Among the Junior members of the Senate the
appeal perhaps badly from TO ask day that
Senator's may sleep night this document before they
insist embracing opinions and sending them IN newspa
pers and upon telegraphic wires throughout all the
country to give direction to public opinion upon great
questions particularly upon one question which the
Senator from New York has Indicated may yet give
tor when he says that he IL anxious, mpa-
tent for the debate but yet as understood him. he said
that before reached the coming in Of the next year.
might have civil in Kansas Sir, if there be civil
lying in our path, and not month of how vastly i'm
poran must it be TO this deberatve body that every So
naor who speaks shall speak upon deberatonl Have Sc
nators well considered the Importance which the country
will attach TO words spoken here to-day perhaps lightly
thrown or the impulses OF the momcut, the feelings OF
the instant produced by the reading Of the important
paper2 Yet, sir at the very moment while address this
august body words already spoken here being
the rcmOteSt the republic produce their
impression. Possibly before this body shall have met
again TO morrow these words will be in print and be read
Kansas inlame public feelag there implore Sc
nators to consider well before they take positions and
utter sentiments which am cannot be well matured
fifteen mhutes reflection or rather upon no reflection
all To test the of tho Senate this question,
renew my motion TO adjourn; and will not withdraw
at the instance Of any Senator
The motion agreed to, and the Senate adjourned
Abstract Of the Second Days Debate.
WASHINGTON, Dec q, 1857.
The pending resolution the printing Of the Presidents
message was then called up by
Mr. DOUGLAS, who proceeded, in eloquent and Co
gent argument to discuss much Of that document
relates TO the Territory OF Kansas lie commenced by
pressing his satisfaction TO find that in ntmanng on the
preceding day dissent from this of the message
he had greatly exaggerated the real grounds OF differ
ence between himself and the President. critical aud
careful pcrusal Of the paper suced TO show that the
President had approved the OF the Lecompton
Convention and had not recommended the adoption of its
work by Congress Not only had he (he PresidenC init
mated his disappointment at the decision Of the Conven
ton, but had still expressly marked his
osappropavon % pohSy oy Sns WHO Mnnssos ssns
act, passed by the last Congress, and in which
1t provided that the constitution formed by the Con
venton Of that Territory should be submitted To the peo
pie. The President, by expressing the hope that this
stipulation might hereafter be inserted in all similar acts,
and by adding that he had taken for granted" that the
Kansas Convention would conform Its action to this
ple must be considered TO have announced his views OF
the principle should govern the presentcase
not 10 be mistaken though undoubtedly he left 10 he in
ierred that Congress should 10 adopt the work OF
the Convention he would nterpose no objections This
fsho ha Tho rrad I'm
the power TO admit states, and the President,
therefore acted wisely in leaving the pending question in
the hands of those TO whom II belonged. by abstaining
from any recommendation In the premises he had clearly
shown, however, that this not administration
measure"
But in cordially agreeing with the President in the ge
neral principles thus announced the speaker expressed
his entire dissent from the Interpretation pacedj by the
message on tho meaning and purrort of the KansasN
braska act The President in supposng that the scope Of
that legislation was confined 20 the subject OF slavery
committed fundamental error which, however was no.
nexplcable under the circumstances. Az the time the
Kansas Nebraska act under discussion in Congress
Mr.. Buchanan representing wh great ability and
funess the interests and honor OF his country foreign
Court and therefore could not bc expected u have closely
scanned the arguments 81 its supporter What was the
mau consideration urged by ts friends in Congress2 II
that the people should he left free To decide for
themselves the question or slavery. they already
free 10 decide all questions relating to the judiciary
common schools, banks finance, taxation, &c. IL was
urged that tho people are allowed determine the laws
that regulate the relations between husband wife, pa
rent and child, guardian and ward they should also be
left 10 determine whether they will recognise not tho
strcon repealed infringing the sovereign right OF
the people with reference the question of slavery and
with the view Of establishing by such repeal general
and uniform principle, which should equally apply TO
slavery and all other topics of domestic concern and not
70 such topic either more or ess than another Upon
this understanding OF the act the last
Presidential contest waged by the democratic party
and the victory won The principle was and too
vital 10 bo either ignored frttered away and the
Of the President in this regard radical fundamental
and snbvcrsve Of the party platform ON which he was
elected.
From this s,a,emcntof the necessarily followed
that the same reasoning employed by tho President To win
dcate tho poprey of referring the slavery question
popular decision should be held equally applicable 10 All
other " domestic institutions"
Nor did suffice say that the Kansas Convention
legal body and such excluded Congress from
ing and reversing rs decision The late convention had
never been recognized by Congress- which, in distinctly
refusing 20 pass enabling act for that purpose, had
rather withheld ts assent from the assembling OF any
convention in Kansas Nor did tho organic act OF that
Territory confer upon the Legislature the power TO
thorize such body. Territorial conventions
strictly legal only when held in pursuance Of act
administration Of President Jackson in the case Of
Arkansas, and reafnrmed 10 report of the Com.
mee ON Territories 10 the United states Senate SO late
sanction the action Of convention can be regarded
nothing than petition 10 Congress which that body
may receive or reject at tie discretion The Lecompon
Convention was, however, lawful body, because the |
people have al all times right 10 petition Congress or
redress OF grievances and Congress satisfied that
the Lecompton constitution embodied the win Of the peo
pie of Kansas would be competent TO accept the pend
ingprojcct
both those who voted for the delegates to the ccomp
Convention and those who did not that the constn
tion to be submitted 10 the people for ratification
rejection Such too the understanding Of the people
tbroughou, the whole country as derived from the Pres
dents instructions 10 Governor Walker, the inaugural
address Of that functonary and other Official papers.
Upon this understanding Governor Ransom the democra
tc candidate for Congressional delegate from Kansas
vassed the Territory previous the last October election
The pledges and promises thus made have not been
ned by the Convention The Convention provides that |
the constitution shall be submitted II il true but In such
way 10 render II rather mockery than practical
exempfcaon of popular sovereignty. Tho people may
vote for the constitution but not against a. and tho
assigned By in defence of sucn denial found
the alleged TACT that majority Of the people OF Kansas
bent voting the project down without regard 10
merits. Into the probable motives which might thus
scuae such majority Is not the business of Presidents
Seuatcs to enter The majority has right 10 enforce
is WILL reasonable unreasonable IL may appear to |
others
But Ills sad tha, the Convention las fairly md explicitly