The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-12-31

guage which can command bat ! can
draw your attention TO il and refer you To
the argument 10 the message, hoping that
you will take il as part u my specch--a al
expressing my idea more forcibly than am
able 10 express it. The President says tina,
a question Of great interest, like the slavery
question, cannot be fairly decided by con.
yention Of delegates, for the reason that the
delegates are elected in districts, and 10 some
districts delegate is elected by small ma
jority; in others by an overwhelming INA.
jority, so that il often happens that ma
jority Of the delegates are one way, while a
majority Of the people are the other way /;
and therefore il would be unfair, and incon-
sistent with the great principle Of popular
sovereignty, 10 allow body of delegates, not
representing the popular voice, to establish
domestic institutions for the mass of the peo-
pie. This il tho Presidents argument 10
show that you cannot have fair and honest
decision without submitting il 10 the popu-
lar vote. The same argument Is conclusive
with regard TO every other question as well
IA with regard 10 slavery.
But, Mr. President, it il minated in the
message that although ii was an unfortunate
circumstance, much 10 he regretted, that the
lecompton Convention did not submit, the
constitution to the people, yet perhaps it
may he treated ms regular, because the con
vention was called by a Territorial legisa.
ture, which had been repeatedly recognized
by the Congress Of the United States IA q
legal body. beg Senators not 10 fall into
an error ~ 10 the Presidents meaning on
this point. He does not say, he docs not
mean, that this convention had ever been re-
cognized by the Congress Of the United
States ~ legal or valid. On the contrary,
he knows, ~ we here know, that during the
last session Of Congress reported a bill
from the Committee on Territories To aa-
thorize the people Of Kansas to assemble
and form constitution for themscIves.--
Subsequently the Senator from Georgia MIR
Toornbs) brought ior ward a substitutes for
my bill, which, after having been Modified
by him and myself in consultation, was passed
by the Senate. II is known in the country
as the "ToOmbs bill" II authorized the
people Of Kansas 10 assemble In convention
and form constitution preparatory to their
admission into the Union a. a State. That
bill, il is well known, was defeated in the
House Of Representatives. IL matters not
for the purpose Of this argument what was
the reason Of its defeat. Whether the reason
was political one; whether II had reference
10 the then existing contest for the Prcsi.
dency, whether il was TO keep open the slavery
question: whether it vast conviction that the
bill would not he fairly carried out: whether
it was because there were not people enough
in Kansas TO justify the formation Of State
no matter what the reason was, the House
Of Representatives refused TO pass that BILL
and thus denied to the people OF X ansas the
right to form n constitution and State
government at that time So far from the
Congress Of the United States having sane
tioned or legalizel the convention which Us.
sembled at Lcompton il expressly withheld
its assent. The assent has not been given,
either IN express terms or by implication /;
and being withheld, this Kansas Constitution
has just such validity and just such authority
as the Territorial Legislature OF Kansas
could impart 10 il without the assent. and in
bDib-ittpu W tt huoWU Will VI IDDXrras.
Now, sir, let me ask what is the extent
Of the authority of Territorial Legislature
~ 10 calling Constitutional Convention
without the assent OF Congress. Fortunately
this is not new question: it does not now
rise for the first time. When the Topeka
constitution was presented to the Senate,
nearly two years ago, It was referred to the
Committee on Territories. with variety OF
measures relating to Kansas. The commit
tee made "a report upon the whole subject
That report reviewed all the irregular cases
which had occurred in our history in the adj
mission Of new States. The committee
went on the suppositon that whenever Con
gr~s had passed an enabling act authorizing
the people Of Territory TO form State
constitution, the Convention was regular.
and possessed all the authority which Con
gress had delegated to it, but whenever Con
gress had failed or refused To pass an ena.
bling act. the proceeding was irregular and
void, unless vitality was impaired toiit by
subsequent act Of Congress adopting aud
confirming it, The friends of the Topeka
constitution insisted that though Their pro-
ceedings were irregular, they were not 50 ir.
regular but that Congress could cure the en-
ror by admitting Kansas with that consti-
tuition. They cited a variety of cases
amongst others the Arkansas case. In my
report, sanctioned by every mcmb T of the
Committee on Territories. excerpt the Sens-
tor from Vermont. Mr. Colamer.l | re.
viewed the Arkansas case as well as the 9th
ers, aud affirmed the doc,rve established by
General Jackson administration. and enun.
ciaied in the opinion of Mr.. Attorney Gen.
eral Butler a part Of which opinion was
copied into the report aud published to the
country at the time. Now. sir, in order to
ascertain wha, We understood on the 9TH Of
March, ls56--bttle more than year and a
half ago-,o be the true doctrine on this
point, let me call yodr atten;,cu 10 the opin-
ION Of Mr. Butler in the Arkansas case.
The Governor Of the Territory of Ar.
kansas sen, a printed address to Presideu,
Jackson, in which be stated h. had been
urr,d to call together the Ipcislature Of