Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-12-17
CONGRESSIONAL.
.Thirty.fifth Conyress-First Sessiou.

press, Mr.. Green contained his speech-He re-
GREETED the manner and matter of Mr. Douglass
recent remarks, dictated he doubted not by pa.
toiotc purpose, yet calculated to prejudice the
case. In throwing the weight of his influence
against the Lecompton Constitution, he had tend
ed to forestall the judgment Of the people As
to the Justice Of the deductions of Mr. DOUGLAS
from the Message, Mr. G. preferred to forbear
inquiry with the view of either adopting or con-
testing all the premises Of the Presidents aryn-
ment in the case
The objections of Me- Douglas against the L.
compton Constitution relative to the quail
for office, the system of banking, revenue &c .
Were irrelevant to the present discussion, which
should be directed 10 the sinnle question Is tn,
Constitution of Kansas r,pmbiicaHi That 1t was
so conld not be denied, and that no defect attach
ed To It's formation he would show by a variety
OF considerations This Constitution was framed
IN conformity with the Louisiana treaty with the
Kansas Nebraska act and with the Constitution
OF the United States. Noenabling act was necps-
sary to initiate the proceedings of Territorial
Convention assembled to form a State Constitu-
ton. Established precedent and sound theory
were alike opposed to any such rule. since eight
OF the Territories of the United States had formed
constitutions without any such enabling acts
While the dlngers that might possibly arise from
constitutions formed in pursuance of Congress
slnnai authority, but vet not Immediately accep-
ted by Congress, were striknely illustrated In
the case OF Missouri. State thus formed was
endowed with the attributes of indie pendence nd
sovereignty JefoTs admission into the Union
While in the case of constitutions formed without
express Congressional sanction II remained for
that body to invest them with authority at pre-.
cisely the proper time--the moment when the
States entered the Union
The Kansas Convention was legally called and
fairly constituted If II did not represent all the
people of Kansas, II was because OF the contuma-
cy of those who declined to vote, either from the
consciousness that they Were a minority or be-
cause they factousiy refused to recognizes the le-
gal authorities of the Territory. In either case
they were estopped from complaint. And under
these circumstances il to be taken as the
presumption Of law and of fact that the pending
Constitution fairly represented the people of Kan
sas, since that the people could act well by del
egates as in their primary and collective TepTssen
tattOn was characteristic Of our American system
of government, and applied as well to the form
alton of constitutions as to other expressions of
the popular will. Nor was the Convention I'M
der any legal obligation to submits work TO the
people for ratification. No provision to this ef-
feet is found In the act of the Legislature author
iZinG the Convention, nor in the organic act of
Congress while il is historically true that Il ma
iority of the States have entered the Union with
constitutions that Were never submitted to the
people for ratification.
As to the pledges alleged to have been made by
individual members of the Convention or bv the
Federal authorities in Kansas, the speaker held
that they Were foreign to the present inquiry Of
Congress That the pledges of the latter were
made with full reco9ni of the power of the
Convention alone to decide in this matter could
not be denied. Acting Governor Stanton and
Governor Walker admit this fact in their official
manIfestOes, which, even when speaking in favor
of submitting the Constitution, are to he under
stood as having primary reference TO the great
distTactinG question of the Territory, the estab-
lishment or interdict of slavery.
III now. * matter of policy and prODrietv. the
Convention chose to submit this latter topic 10
the popular suffrage. Mr.. Green Thought its mem
bers had adopted the mode best adapted to elicit
full and fair expression of the popular mind on
this subject, which, in being presented singly,
could be definitely settled without distraction of
judgment arising from considerations based on
other portions of the Constitution. Moreover, if
the question of slavery had been MIXED mp with
the other provisions of the CONSTITUTIONS and the.
whole instrument in this form submitted tc tn.
people for rejection we'll adoption. many
voters might have chosen 10 fOreIo the express
sion Of their will in regard To that " domestic in
stitntion,' from desire to procure for Kansas
speedy admission Into the Union under the Con-
S'itution, as framed 10y the Convention, whether
with OF without slavery. As IT is, this question
could tie decided sinplv and SatiSfactoiily ac-
cnrding to the wishes of a majority; and for this
reason, If for no other, the Convention acted
wisely In Withholding the residue OF the Con>ti
tuition.
In view, therefore as well Of the facts as of the
law involved in the present case, the speaker
held That the State of Kansas should be received
lIio ih- Mon under the p.nding Constitution,
should the same be submitted to Congress- as
was probable. No public considerations lie
Thought, conid be urged against such course
while motives of civil duty cOnspiTed with the
maYims of constitutional law to promote a speedv
settlement or this vfXaiiOns controversy on tn.
terms now presented. IL was the interest of ia
naticism, combined with projects of territorial
speculation and pecnniary gain, TO keep this ques-
ton open az long a possible: Int TO such a re-
suit he hoped the Congress of the United States
would not suffer itself to be made tributary.
MI Douglas, ia reply, expressed his gIatifca-
lion at the fairness with which the discns, ion
had been conducted, and corrected some misap-
pTehenslOhs into which the speaker fell in com
mentng on the positions Of his (Mr. ID 81 pre-
vous speech He had not held that an enabling
nd hl.Ds Ia
ton OF constitution by Territory, To the ac-
cep'ance OF that constitution bv Congress; nor
had he argued that failure Ia submit "A consiitn-
uon Tor popular ratification deserved to be cun-id-
cred "a fatal defect IL embodying the popular
VIII II might he received, whether with or with
out submission; but in tue existence of doubt on
The point, the discretion of Congress was invoked
10 make decision which should br Just and
proper in the premises. constitution which
did not thus embody the will of the people was
not RsP"Hied" Constitution in the highest
sense on fhr term, and such should not be ac-
cep'ed by Congress
After some further remarks from these gentle
men, the Senate adjourned.
IL THE HOUSE,, the drawing for seats was con-
Guided, and on motion of Mr.. Campbell of Ohio
a resolution was passed according to the clergy
men Of Washington who might oticiae as chap
lains in the House Hall a members privileges of
the library.
Mr.. Jones reported from the Ways and Means
Committee the annual invalid pension bill COM
mitted.
Messrs. Stewart and Bowie presented memo
rails from Messrs. Brooks and Whyte, contestiug
the seats Of Messrs. ii. Winter Davis and J NJ
Harris from Maryland referred.
Mr.. Smith reported back from the Printing
Committee the resolution to print POI OO extra
copies Of the Message and accompanying docu-
Inents. Pending the question on it
Mr.: Cox addressed the House against the Kan
sas views OF the Message, and was replied to by
Mr.. Hughes, of Indiana, when the resolution
was adopted.
MIR. Faulkner moved a resolution for the ap-
pointment Of a select committee of five to inquire
and report on the number of pages, messengers,
&c., necessary in the new Hall which, after dis
cussiOn between Messrs. Banks, Jones of Tenn,
Houston, Florence, CIingman and Garrett. was
amended on motion of MIR Garnrtt, by directing
the committee to inquire also what additional
measures for the preservation Of the health of the
members were necessary, and-On motion Of Mr.
Flofcnce-what additional accommodations for
the press were necessary, was adopted.
The House then adjourned.
Proceedings Of To-day.
liz THE SENATE, to-day, much morning bust
neSS-the rod ~ 10 and reference of hills