The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-22


eminent general and universal that the people should
form and regulate all their domestic institutions in their
own way fs ...
Sir what would this boosted principle Of popular sover
eighty have been worth If it applied only TO the negro
and did not extend TO the white man DO you think we
could have aroused the sympahes and the patriotism OF
this broad republic and have carried the presidential cleo
ton last year in the face of tremendous opposition, on
the principle of extending the right of selgovernment TO
the negro question: but denying 10 as To all the reonh
affecting white men No, sir We aroused the patriot
ism OF the country and carried the election IN defence oil
that great principle, which allowed all white men 10 of
and regulate their domestic institutions TO suit Them
applicable to white men as we as 10
black enSnstitutions applicable to feemen rs wen s
to concerning all the relations OF e
and not the pary exception of the slavery question
Sir have spent too much strength and breath, ahu
money too TO establish this great principle in the popu
lar heart to il FILTERED away by bringing u down
exception that applies to the negro and does not
extend TO the benefit of the white As said before
can well imagine how the distinguished ana eminent
patriot and statesman at the head OF The government
fell into the error--for it s radical fundamental
and if persevered in subverve of that platform upon
which he elevated to the presidency OF the C'ed
States. 3al Hif 3t III 2k
Them if the President be right in saying that by the
Nebraska BILL the slavery question must be submitted To
the people follows inevitably that every other clause
of the constitution must also be submitted TO the people
The Nebraska bill said that the people should be lett
perfectly free to form and regulate their domestic nst
utions in their way not the slavery question, not
the Maine quorlaw question: not the banking question,
not the school question: not the railroad question but
ther domestic institutions, meaning each and all the
questions which local. not national State not federal
arrive at the conclusion that the principles enuncietcd
50 boldly and enforced with so much ability by the Pfes
dent of the United States require out OF respect TO
him and the platform which he was elected, To- send
this whole question back to the people of Kansas and ena
bic them to say whether not the constitution which
has been framed each and every clause of it, meets their
appreciation.
The President in his message has made unanswer
nh nent i'm favor
this question be sent back II stated in the mes
sage with cearness and force than any language
which can command but can draw your attention 10
it and refer you to the argument in the message hoping
that you will take 1t part of speecha express
ing my idea forcibly than able to express It,
The President that question OF great interest Ike
the slavery question: cannot be fairly decided by con
ventio of delegates for the that the delegates
elected in districts and in districts delegate
elected by small majority in others by an over
whelning majority; that it often happens that
majority of the delegates one way while majority
the people the other way and therefore, 1t would
be unfair and inconsistent with the great principle OF pop
uar sovereignty allow body of delegates not repre-
senting the popular voice, to establish domestic nstu
ons for the mass of the people This is the Presidents
argument to show that you cannot have fair and non
est decision without submitting it to the popular vote
The argument is conclusive with regard 10 every
other question well as with regard to slavery
But Mr. President it is intimated in the message that
although it unfortunate circumstance, much to be
regretted that the Lecompton convention did not submit
treated regular because the convention was called by
territorial Legislature which had been repeatedly recog
nsed by the Congress of the United States US legal
body beg senators not to fall into an error as 70 hc
Presidents meaning this point He does not say he
does mean. that this convention had ever been re-
cognsed by the Congress of the United States as legal
valid. On the contrary he knows, as we here know
that during the last Congress reported bill from the
Committee Territories to authorize the people OF ka
to assemble and form constitution for themselves
Subsequently, the senator from Georgia Mr. Ioohhs
brought forward substitute for my bill, which, alter
having been modified by him and myself in consultation,
was passed by the Senate 1t s known in the country as
the Toombs BILL 1t authorized the people of Kansas
Territory assemble in convention and form constitution
preparatory to their admission into the Union as state
That BILL is well known defeated in the House Of
Representatives It matters not for the purpose OF this
argument what was the reason Of its defeat Whether
the political whether it had reference TO
the then existing contest for the presidency whether II
was keep open the slavery question whether it was
conviction that the bill would not be fairly carried out
whether it because there not people enough IN
Kansas to justify the formation of sateno matter what
the was the House of Representatives refused to
piss that bill and thus denied to the people OF Kansas
the right to form constitution and State government NJ
this time So far from the Congress of the United States
having sanctioned legazed the convention which as
sernbled at Lecopton it expressly withheld its assent
The assent has not been given either in express terms or
by implication and being withheld this Kansas const'-
tuition has just such validity and just such authority as
the territorial legislature of Kansas could mpart TO 1t
without the assent and in opposition to the known WILL
of Congress vi l1 ,e
Now sir let me ask what is the extent Of the author
ty of territorial legislature to calling constitutional
convention without the assent of Congress Fortunately
this is not question it does not now arise for the
FIRST time When the Topeka constitution was presented
to the Senate nearly two years ago it referred to the
Committee Territories with variety of measures re-
ating to Kansas The committee made full report upon
the whole subject That report reviewed all the rregu
lar which had occurred in history in the adms
sion of new States The committee went on the suppo
ston that whenever Congress had passed enabling act
authorizing the people of Territory to form State
stituton the convention regular, and possessed all
the authority which Congress had delegated to 1t but
whenever Congress had failed refused to pass
bling act the proceeding irregular and void unless
vitality impaired to it by subsequent act of Con-
gress adopting and confirming il The friends of the To-
peka constitution insisted that although their proceed
ings irregular they not irregular but that
Congress could the by admitting Kansas with
that constitution They cited variety Of cases. amongst
others the Arkansas In my report sanctioned by
every member of the Committee Territories except the
senator from Vermont, [Mr. CoLLAMrH reviewed the
Arkansas well the Others and affirmed the doc
rne established by General Jacksons administration,
and enunciated i'm the opinion of Mr. Attorney General
Butler part of which opinion copied into the re-
port and published to the country at the time. et
Now sir in order to ascertain what understood ON
the 18th of March, 1s56-little than year and
half agoto be the true doctrine this point let me call
your attention to the opinion of Mr. Butler in the Aran-
The governor of the Territory of Arkansas sent
printed address to President jackson, in which he
stated that he had been urged to call together the legs
aure of the Territory of Arkansas for the purpose of al