The Evansville daily journal., 1857-12-17

sition to Federal authority, we could subiu-
gate it; but they do no, propose to interfere
Win the Territorial Government until the
| assent of Congress is received. There were
ei.'ht Sta e. in the Union which formed Con-
stitut ons with enabling acts for admission,
t o of which the Senator from Illinois him
s. V1ted for. There should be no rea ,on
by lac should not vote for the admission OF
K..nsas. The assent OF Congress may be
gwen any time TO organize an act to declare
hat the people of Kansas shall be perfectly
fee to form and regulate their domestic in
stitutous in their own way. That way was
TO leave it to tie action of the Convention
which was under an obligation to submit the
Constitution or any part TO a popniar rote.-
They chose TO submit the slavery que .tion
which was the great bone of cOntel.lion, as
ma ter of policy and prudence. and no, from
al y legal compulSion wra,e,er.
1t was his opinion that the submission in
this qucsti alone was better calculated to
get the real viii and judgement of the peo-
pie than il the Whole Constitution had been
submitted.
In conclusion he urged the Importance OF
deciding the question speedily. so as TO put
! an end TO the constant agitation which had
~ long embittered the feelings of the differ
| ent sections of the Urion. He thought the
/ Constitution met the approba ion of u ma
jority of the people OF karsas, and If any
OF lis provisions were obnoxious they would
have power of modifying or changing them
any time.
Mr.. Douglas replied he was gra.ified at the
tone and spirit in which the Stnator from
Missouri scussed the question, but as that
Senator seemed to have niSapprehendcd his
| Position as laid down in his speech. deliver
Ell the other day, he would make q brief
Sat ment on one or two points in order
that the Senate and country might see
hat his position really WIS.
First, he did not regard it rs a fatal obiec-
ton that there was no enabling act in ad-
vance. Secondly. lac did not take the posi-
tion. it was u fatal objection that tie Con-
stituton WIS not submitted to the people be-
lore IL was sent to Congress for acceptance.
The position nc did assume was that {. G re-
gular mode OF proceeding is by an enabling
act, ont If Terri itorial Legislature proceeds TO
cali Convention without having the con
sent OF Congress To do so, it Is irregular. hut
hot 20 Irregular that il necessarily follows all
proceedings are violated.
A Convention or ANY other body of men
may send petition to Congress for change
in the form of their government, and Goa
greSs Is ut liberty to accept or reject the pc
tition as it pleases.
The lie ompton Convention was not an
unlawful boly. and might send petition,
but IL was not q Convention authorized to
establish Government for itself. Many new
States had been admitted without an ena-
bling act first passed by Congress. The
schedule of said Constitution should be sub
mitted to al tic people of Kansas for ap,.ro-
val or disapprovUl. No Constitution should
b. considered rs Republican which did not
enbody the WI! Of the people who had 20 re
governed by it, and was not formed by their
aRfl h..
best mode OF aseeItaining that will He
agreed with the President that the best mode
was to refer II to the people for acceptance,
or rejection, by fair vote. lle could not
admit Constitution forced upon the peoplc
against their will, was Republican The
Constitution, II was no Use to say was good
Congress had no right TO cram their throats
against their will.
Tie question was, whether th G people
shall be permitted to frame their own con
stitution. The Senator from Missouri urged
the Importance II terminating this contro
versy. Now, he, douglas woufd do any
thing just in order to terminate it. lie
would sacrifc, everything bat D. inciple and
honor and country in order to close this un-
happy agitation. But how are we t. do il
IL must lie done upon principles Of e'erra.
Justice and truth. or it will not stay closed.
We must terminate it upon principles of
scll-goVei inment, or they Will rot have Re-
IN lican system. No ,ystem Of patchin, up
and trickery will settle this question. In
stead of having peace. it will only b. the
beginning of new controversy. lt would be
necessary TO incref &C the army and use mill
tary power il the minority were to be sub
jected. The opposition minority. hc trusted
would have no outbreak or violence. but lie
feared such results, ii the majority Of the
people Of Kansas were to be coerced into sub
mission 10 the will OF the minority. The
Senator from Missouri had said they could
change the constitution after they became
State: but he Douglas) argued on the other
hand it could not be changed until 1854. and
then only by convention to be called by two
thirds OF the Legislature. 1t was principle
Of law that when the constitution provides
for It's being changed at particular time and
in particular .nanner, it excludes all other
tinoS and all other modes.