The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-31
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J would give no vote in Congress towards con.
summatiDg this gigantic fraud. He was asked
to suspend his Judgment, and await the issue
: OF the election on the 2lst instant. Why wait
for that result, when it was placed in the hands
of those who had devised the whole of this in
defensible scheme Would Southern Senators
suspend their opinions upon the result of an
election in Kansas, to be conducted by Gen.
Lane and men whom he might select and ap-
pointf Why, then, expect of him to repose
confidence in Mr.. Calhoun and his con-
federates
And why this indecent haste to hurry Kan
sas into the Union? Is it to localize" the
Slavery agitation? That agitation he verify
believed would be intensified by the admission
OF Kansas under this odious instrument. So
lar from being localized" it would in all prob.
ability be nationalized by that act. What
II this Constitution be recognised by Congress,
ana the people OF Kansas refuse to obey the
ofhcers elected under itH II would then be
the duty of the Federal Government to put
down with the army of the United States such
an lnsarrection against the illegal authorities"
aud, IT strife arose in Kansas under such circum-
stances, would Iowa and Mississippi, Massachu-
sets and South Carolina remain indifferent
spectators of the civil war? 1t was idle, there
iore, 70 talk OF giving peace to Kansas or to the
country upon any other principles or condi-
tons than those of eternal right and Justice.
reace can come only by giving an opportunity
ior the voice of the majority in Kansas to make
itself distinctly heard. Beneath it all, partisan
and sectional clamor would be hushed
| The speaker closed by describing tbs Ls-
compton Constitution as the most monstrous
fraud ever undertaken under the forms Of law
In Government like ours, frauds upon popular
liberty could be effected only under color of
law, and therefore became doubly dangerous
As a further illustration of the grasping spirit
which seemed to animate the members of the
Lecompton Convention the stipulations of the
ordinance" were cited, AMI pronounced un.
Just and unreasonable beyond all former ex-
ample La claiming the unquestioned right
10 tax the public lands in Kansas" they claimed
what Congress had never yet granted, and
which, in view of the claim now set I'D as Gun
questioned" would require some specific action
in preservation of the right of eminent domain
thus explicitly denied to the Federal Govern
ment.
Mr.. Broderick, of California, in few re-
marks, expressed his concurrence with Mr.
Douglas and Mr.. Stuart in their opposition TO
the Lecompton Constitution; but, unlike them,
he held the President and the Administration
mainly responsible for the pending complication
OF the Kansas question, as we'll as for the pop
uiar outbreak that might result from it. He
was surprised that the President should come
before Congress with the declaration in his
message that the election for delegates to the
late Convention had been fairly held, when
there Yves reason to know that Gov Walker
had communicated to him, before his message
was written, the fact that no registry of voters
mad been made In nineteen counties of the Ter
ritory. And he was further surprised that the
Slavery question should be deemed 90 promi-
nent, when, as it was generally understood in
Kansas and in the country, that question had
been virtually decided at the last October cleo
ton, in which the Free State candidate for Del.
egate to Congress Mr.. Parrots had been chosen
by large majority over Mr.. Ransom, the Dem
ocratie nominee. and that, too, although the
in that Territory because the candidate of the
National Democracy.
He regretted to differ with any Of his party,
for he was strong party man, and had labored
earnestly in behalf of Mr.. Buchanan's election.
Nor could he be suspected of Free soilism," as
he bad been opposed TO the patrons Of that po-
htical faith from the days Of the Wilmot Provisc
to the present time. As it was, however he
must obey his honest convictions of DUTY, and
hold the President to the responsibility assumed
with regard to the Lecompton Constitution. In
view of the tyranny attempted to be exercised
by the members of the late Convention, he
WOuutrtd bL the lOrDeaTanco OF the people OF
Kansas. If they had proceeded to acts Of the
grossest insult and violence against the men
Who thus sought to Cypress them, it would de-
serve to afford as little matter for regret az
surprise. He desired, for the present, merely
to announce the opinion which would govern
his course, with the view of at once placing
himself "right on the record"
The Senate then adjourned until the 4th day
of January.
HOUSE.
Mr.. Warren rose to question of privilege,
and offered the preamble and resolution in re-
gard to Utah which was published several days
ago.
Mr. Warren said that this was q case which
the country and every honest man desired to
be investigated. Members were sitting here
with q Delegate from Territory which was
not only nomnally but legally in open rebel
lion against the Government of the United
States.
MIR. Banks said the fact that the preamble
declares that a state of war exists, did not
bring matters before the House as a question
OF privilege. He admitted that the conclusion
affected the Delegates rights, but The facts OIL
which MIR. Warren based his conclusions did
not affect his rights at all.
The Speaker remarked that the preamble
might or might not be adopted by the House.
of privilege, but it would be for the House to
say whether the reasons assigned should be
admitted. He was not nor was the House
prepared to assert that the facts charged con-
stitute sufficient ground for The rejection of
the Delegate.
The House cannot set up an inquisition of
morals or religion. We cannot declare a State
or Territory i'll q condition of normal rebellion;
and that, therefore, its Representative is not
entitled to be heard On this floor. A part Of a
State might be in rebellion, yet those who are
true and loyal are entitled to representation.
But we have no facts by which we can declare
Utah in legal rebellion against the country.
Where is the message of the President declar-
ing that Utah is in a state of rebellion? 1t
would do no harm to refer this resolution TO
the Committee on Territories for investigation.
Mr.. Humphrey Marshall thought that, under
all the circumstances of the case, the resolu-
ton should not be adopted. He stated his
views at some length.
Mr.. Davis, of Maryland, said that, according
to his view of the Constitution, we are not en-
titled to assume that any State or Territory is
IN rebellion or war against the United States.
There cannot be resistance by any legal author.
tiles, but by certain evil-dispoeed persons IL
the Dele gaze did not take part in the rebellion,
he stands here as a Representative with rights
equal to those of any other person. Punish
ment should not be visited on the innocent.
Mr.. Banks said there was no one who would
more readily enter into an investigation than
himself, but the President had not informed the
House that Utah is in q state of rebellion, but
that Brigham Young had threatened il.
Mr.. Warner insisted it was due to the coun-
try to make the investigation, and that no at
a nj aH Aa ~