New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-02

put,.d A. state and all ects Of permission or pro
Sbi,ion Of that Territorial Legislature are nugstoY
"a void This doctrine was act led 10 Jsckson "a
,isfrstion u the case OF Arkansas As shoFn 10 inc
an,s shove referrtd u a. well az in the debates oil
ne seuate in tie Of Michigan, ana eHP,ciany "
cor sfiiu,ionsl doctrine there proclaimed Oy '11'
and unanimously agreed In By the Sense. INC Po','
ton taken IN thee csses ihat we Pc Cnn,ress sr
sac government, for subniisson 70 congress Iyl
,ooress Of grievances which involves, a. = necessary
eopsequen 9 the right to originate uo movement W
voluntary primary popu ar nleeLlD2'' u;,;o.
II IL soinetirnes sedged, however tnsI thi' epPcs-
49,. 20 a. ore il Mt 20 be tolerated Il II originate
in oppo.,tion or in hostility 10 the Territorial Gov
eminent -, . .,. A., -.
~ resnnp Of this objection. EVery application OF the
lind IN oder 10 DiIm 10 the Constitution, must
trest the Territorial Government as grievance from
xhch tie appbcstiOD seeS' relei AID mubt therefore,
be in opposition TO II. IL toe meaning Dc us, Ul'
Territorial Government 10 unfsvorsoe 10 T. your Con-
tee have already shOwn that their ascent o; dissent
u matter Of no moment whatever. And even II lnl3
disfavor is 30 strongly unaffected az 70 cres oeoluo
sntagcni. 10 between the lerntora 1OFeinneHs eut
the people how can that in any way alter me rghis OF
the parties Or if the people in the e1erc &c OF tner
constitutional prv6 se 10 complain against grew
.nce shoud comp ain in strong language nconslstent
with come person i0cas of good taste or propHey u
rould be singular mode Of punisning them for an
ofeDse merely against good manners, b. DEFY them
rght guaaIteed by the Constitution OF the iepuohc'
In the State Constitution presented IN ths case tleIe
IL nothing NJ win The
ror In ouposon 10 The Territorial Government, except
that nke all in,trumtnts Ct the kind 1t nece5-
.arlly supercsdes such Government and Goa
tsins assault or encronch,neht r upon , .t ~
gifinafe rights Of such govern nents Inc worst tnst
car be sad is that it adopted I'M b1d temper 10
ward the grievance 10 be redfeste1 aud that temper
might have been unsuitable uDlushdsbe, an allege
ton which your COMMITTEE deem II en- neiy uhnece7-
,.ry 10 il qure into az il could 10 no way chauge
,iybts or that some Of the persons advocating the
movement bad committed offeOses egenst the Terrific
rial Government laws which your COmmltee deen
.equsy irrelevant aud iulmsieris.
Having shown that there can be no resl ODiection
10 granting the application the ground OF precedent
or constitutional requirement ana the orin OF govern
whether II + lust ieo by the amount OF population, ana
il il oesred by a majority Of the people
As TO population this point fully considered ana
dsposed Of in TIE report Of your Comoec a. the last
session and they have nothing 10 add 70 the iacs ana
arguments then adduced except TO STATE that all obe-
tCDs on ibis point seem 10 have been waved by bOh
branches OF Congress. The House passed an oct Tor
He admission OF the State and the Senate passed one
for tie immediate formation OF State Government IN
order such admission, without respect to population,
and the bin ofered TO your Committee 10 therefore as
much liable 10 such objection as Is the substitute
which they recommend.
The remaining point 10 be considered s, whether the
majority of the 10 cple desire 10 be admitted state
snder the Constitution preacnted. This your Commit
tee deem important inquiry: for however clear such
smOvement may be, the exercise OF a constitutional
rght in strict conformity to constitutional requirements,
and eCb now lodged ard wel-estabished prccedents,
II nevertheless mere petition, and unless approved
BY majority of those upon whom IA to operate, the
petition hOuld not be granted. Whether u Is so 6p
proved in this case IL tact which each member mast
deter mine for himself in the same manner "a be would
ascertain any other act upon which II is necessary for
him to form opinion in order TO guide hls vote lhs
necessity is constantly imposed upon legislators ard 1t
u an sCmit'ed principle that the aDsoute legal evil
denee which is required in Judicial proceedings cannot
be had, ana IL not expected or required.
rule that would require 1t, would arrest almost all
legislation Books letters newspapers, pub &c reports
declarations Of Individuals and ordinary information
OF ali knds daily received by legislators 10 stabsh
hcts which they base their votes Any information
which ia received worthy of credit by legislator
add which produces belief IN the existence OF TACT, Il
efficient for his action 1t is necessary to cite the
authority of any of the eminent statesmen who have
announced this doctrine to sustain thls position.
view OF the story of kan,ss under the light of this
doctrine not the facts sufficient 10 Justify legislators
in the belief that majority of the people approve of
he Constitution adopted and presented It, is Idle
" attempt Disguise conceal the fact notorious TO
the whole country that the gieat and only point oil
oootes, in the Territory between the two contendng
parties Is whether Slavery shall be allowed or prohb
tied and that the party advocate this Constitution
because it prohibits H. and for the same reason tue
other party oppose it, To every man who believes
that the Flee state party is In majority lno matter
how that belief il nduced, the petition IA entitled TO
support. ,,.. A..
has fs two years covered the whole country and which
hss been sought with avldy by every person desTous
of understanding its suaige and eVetiul history tDete
are few IL any men who have mol forhed anI even
expressed an opinion belief as to which party Is IN
the majority. And the information and wisdom upon
this point is 30 extensive sud voumlnous aud so gen
erally undereood that your Committee deem 1t unne
cetsary do than 70 refer to the small portion OF
il more Immediately within their reach
by reference the report OF the Kansas Speolh
Committee at the last session will be seen that nc the
Congressional election in NOvember lN0l the fro-
MI - q F.fga nj kNh A. d. al
shown 10 have been Illegal although the Investigation
did not extend to all the districts, and the Committee
say that the seeis took but little interest IN the cleo
ton not half ofthem voting. Ia February and March
1855 the census shoa ed gOj voters and the 3Oth
OF March, 1859 the same party poed ~ votes and
the Illegal votes were 49OS. At the election on the
LIST October 1850 they pOlled > ~ votes, of which
81 we've illegal and number ot districts not inves
gated In the frat two of these elections the other
party as is well known, scarcely participated, and IN
thelssi net At all.
AZ the election Of October9 1859, for Congressional
Dell gate Gov Rteder received 2Sl9 votes al tune
when there was no occasion for Illegal voting The
delegates who elected 10 frame and did frame, the
Free State Constitution received 40 votes none
of which are shown ~ be Illegal. The vote on the
ratification of the Constituted December IL, lHl), was
77S OF which only 40 opposed, and the election
was held directly after the fret INV aslon 10 destroy
Lawr nee and for tina; fud vote could not be
polled.
The election at IesyenwoTth was interrupted by
violence of the opposing party and the poll boOks and
ballot box destroyed where the Frcc-Sta'e votes had
been 5l4; that the vote on rayng this Constltu-
ton was en- reality some SO, Notwithstanding the dis
turbed state of the Territory and influences of utini
dalton that prev allied at that time calculated 10 deter
Free Nate voters from voting.
This hIief review Of the elections held, clearly ndi
oates that the patty advocating the Free state Cons-
tuition are in the majority in the Territory But the
ever ncuung invssions from the state OF Missouri at
all the elections of The Territory in numbers amounting
t. cm 200 10 600 TO assist the ProSlave.y party 10
their