The Burlington weekly hawk-eye. [volume] (Burlington, Iowa) 1857-1858, 1857-12-23

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ssia hsfessyasaas Ssel $4,000 hens.A ai1finu,
guishse apd eninsns pssriss ard esaiesns9 nov
& the head Of the Government fell into IN error
for error Il b, radical, fandameutal-and, Il
brSakef6d b, bobtefsiyS q sh1t lhocs1a apo4
which sc vas elevated to The Presidency % she
United States.
q Thsa, Il kho Presiasat ~ di0hs in saging that,
BY the -Nebrsska bill, the siavery question must
be submitted TO the people, it iollows inevitably
that every other clause Of the Coussatus1on must
also be submitted to tho peopae. The Meosasks
hill said that he people shoad be left Hperfcct-
" free to form and regulate sheiF domestic In
stitotions 10 their own wsy"--nof the slavery
questions, not the Maine liquor law question, not
the banking question, not the school question:
not the railroad question, but "their domestic
institutions" meaning each and Al she questions
which are local, not national, State nor federaL
I arrive 1t the conclusion that the principles
enunciaeed % boldly, aud enforced with 60
much ability by the President OF the United
States, require u.s. out Of respect to him, anu me
platform ON which he was elected, TO send TINS
whole question back to the people OF kansas,
and eusblo chem to say whether or not the Con-
stitution which has been framed, each and eve
~ clause Of 10 meets their appropriations. The
President, In his message, has made an unan.4
swerable argument in favor Of the principle
which requires this question TO be sent back. II
is stated m the message, with more clearness
and force than amy languages whichI can COM
mand; but can draw your attention to it and
refer you to the argument in the message, hop
ing that you will take il as part Of my speech
-as expressing my idea more forcibly than
am able to expressis The President says that
o question of great interest, like the slavery
question, cannot be fairly decided b. conven-
ton OF delegates. for the reason that the dele
gates ere elected in districts, and in some dis
tricts sdelegate 10 elected by small majority; SO
that it often happens that majority OF the del
egates are one way, while majority oil the peo-
pie are the other way; and therefore il would be
unfair, and inconsistent with the great principle
Of popular sovereignty, to allow . body Of dele
gates, not representing the popular voice, to es-
tablish domestic institutions for the mass Of the
people. This il the Presidents argument to
show that you cannot have fair and honest de-
cision without submitting it to the populse vote.
The same argument 10 conclusive with regard
! to every other question 90 we'll ~ with regard
4 to slavery. r.. 7a a1e z r 7
But, Mr.. President, is it intimated in the
message that although it was an unfortunate
I Lecompton Convention did not submit the con-
stitntion to the people, yet perhaps it may be
treated rs regular, because the Convention was
| called by Territorial Legislature, which had
been repeatedly recognized by the Congress Of
the United States rs = legal body. | beg Sena-
tors not to fall into an error as to the Presidents
| meaning on this point. He does not say, he
does not mean, that this Convention had ever
/ been recognized by the Congress Of the United
States as legal or valid. On the contrary, he
knows, as we here know, that during the last
| Congress reported bill from the Committee
on Territories to authorize the people Of Kan
sas to assemble and form . Constitution Cor
themselves. Subsequently the Senator from
Georgia (Mr. Toombs) brought forward sub
! stitpte for my bill, which, after having been
modified by him. and myself in consultation,
was passed by the Senate. 1t is known in the
country as "the Toombs BILL" 1t authorized
the people Of Kansas Territory 10 assemble in
Convention and form Constitution preparato
| ~ to their admission into the Union as State
That bill, it is well known, was defeated in the
House IOf Representatives. 1t matters not, fol
the purpose of this argument, what was the rea
son of its defeat. Whether the reason was po
litical one, whether it had reference to the ther
existing contest Tor the Presidency; whether il
was to keep open the slavery question; whether
|
fairly carried out; whether it was because there
we're not people enough in Kansas to justify .he
formation Of State no matter what the rea
son was, the House of Representatives refused
to pass that bill, aud thus denied to the people
: Of Kansas the right to form a Constitution ant
State Government at this time. So far from th,
Congress Of the United States having sanctioned
or legalzed the Convention which assembled a
Lecompton, it expressly withheld its assent
The assent has not been given, either in expires
terms or by implication and being withheld
this Kansas Constitution has just such validit.
. and jus, such authority as the Territorial Legis
/. laturc Of Kansas could impart to it withou. tn
assent, and in opposition to the known will, 0
Congress. Now sir, let me ask what is the ex
tent of the authority OF Territorial Legisla
ture as to calling Constitutional Convention
without the assent of Congress. Fortunatel
i this is not new question it does not no,
arise for the FIRST time. When the Topeka Con
I stitution was presented to the Senate nearl
. two years ago, it was referred to the COMMITTEE
, on Territories, with variety of measures rela
ting to Kansas. The Committee made full re
port upon she whole subject. That report re
viewed all the irregular cases which had occur
red in our history In the admission Of ne,
States. The Committee went On to the suppt
stion. that whenever Congress had passed a
a
, | tory to form State Constitution, the CONVEX
ton was regular, and possessed all the author;
which Congress had delegated to il, but wher
ever Congress had failed or refused to pass al
| enabling act, the proceeding was irregular an
VOID, unless vitality was impaired 10 il by sui
. sequent act of Congress adopting and confirm
a ing it. The friends of the Topeka Constitution
:. insisted that although their proceedings were il
I regular, they were no: SO irregular but tha
Congress could cure the error by admittin
\ Kansas with that Constitution. They cited
r variety of cases-amongst Others the Arkansa
a case. In my report, sanctioned by every men
Der Of the Committee on Territories, except th
> Senator from Vermont, mr. Collamer] review
a ed The Arkansas case As well as the others, an
a affirmed the doctrine established by Gen. Jacl
n sons administration, and enunclated in III
n opinion Of Mr. Attorney General Butler, pal
a of which opinion was copied into the Tepol
and published to the country at the time. Nov
a sir in order TO ascertain what we undersfo0
on the 18th of March, ls56-little more than
n year and halt ago-to be the doctrine Q
= / this point, let me call your attention 10 II
I, opinion Of Mr.. Butler in the Arkansas cas-
!. The Governor Of the Territory Of Arkans
- sent printed address to President Jackson,
Y which he stated that he had been urged to ca
= together the Legislature of the Territory of A
" kansas, for the purpose of allowing them to c.
= convention to form Constitution, preparat
r. ~ to their admission into the Union as Stat
m The Governor stated, that in his opinion, Il
ii Legislature had no power to call such a conve
~ ton without the consent Of Congress had fiji
"A been obtained, but he asked instructions on tn
u point The President referred the case to d
10 Secretary of State, and he asked for the adv:
"a of the Attorney General. whose opinion "
.. given, and adopted MS the plan Of action, al
l. communicated to the Governor of Arkansas
!. his instruction. will read some extracts fro
IN that opinion -
:; Consequently i, is not in the power Of t
10 General Assembly Of Arkansas to pass any Il
d for the purpose of eleeting members before
~ Constitution and State Governments, or to
!. any other act directly or Indirectly, to crea
,e such new government. Every such law, ev
b. though it we're approved by the Governor
: the Territory, would be null and void.
passed by them, Notwithstanding his veto, by
- vote Of two-thirds of each branch, it wot
"A still be equally void.
il II AR right in the foregoing opinion, it v
y. then follow that the course of the Governor,
:, declining to call together the Territorial Leg
Il atare for the purpose in question, was such