Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1857-12-31

Compiled from our Daily Exchanges ]

amble and resolution relative 10 Utah, and /
requiring the Committee on Territories TO
report on the propriety of excluding the del
cgate from that Territory from a seat in this
House, which was presented several DAYS
since. Mr.. Warren said that this is a case /
which the country and every honest man de
sired tobe investigated. Members were set
ting here with the delegate from Territory
which Was not only morally, but legally in
open rebellion against the Government of
the United States.
Mr.. Banks Of Mass, said that the fact that
the preamble declares THAT n state Of war
exists in Utah did not bring the matter before
the House o. question of privilege. He
admitted that the conclusion affected the
delegates rights, but the facts on which Mr.. |
Warren had based his conclusions did not az |
feet his rights.
The Speaker remarked that the preamble
might or might not be adopted by the House.
Mr.. Bocock agreed that this was qucs-
tion of privilege, but il would be for the |
House 20 say whether the reasons assigned |
should bc admitted. lie was not, nor was
the House prepared to admit the facts charg |
ed, as constituting sufficient grounds for the
rejection of the delegate. As the House |
cannot set up an injunction of morals or re-
ligion, We cannot declare State or Tcrritor, |
therefore, its representative is not entitled
TO be heard on this floor
The State might be in rebellion, vet are |
not those who are true and loyal, entitled TO
representation But we have no facts by |
which we can declare Utah TO bc in legal re. |
bellion against the country. Where is the
message of the President, declaring that
Utah is in n state of rebelionG II would do |
no harm to refer the resolution TO the Com
mittee on Territories, for investigation.
After further debate, the resolution in.
structing the Committee on Territories TO
enquire into the expcdiency of Immediately
excluding Mr.. Bcrnhise. the delegate from
Utah, from his seat, was adopted.
On motion of Mr.. Banks so much of the
Presidents message referring TO Utah was
referred TO the Committee on Territories.
Mr.. Petit announced the death of Samuel |
lIrcnton, and Mr.. Nblack the death OF
James Lockhart, late Representative from
Indiana, and pronounced oulogics on their
characters.
The House then adjourned ill January
tth.
SESArE.-Mr. Stuart said that Il was well
remarked 10y Attorney General Butler, In
the Arkansas case, that the power of Con.
grcss upon the subject OF the admission Of
new States, II plcnary. When the question
Ia presented, !, must be necessarily deter
mined 10y the circumstances which surround
tha, particular ease II Is power which
authorizes the admission of foreign States
rs well NJ 'hosc formed out of our own ter.
ritories. aud this single statement would
show, ut glance. that prccedcnis never
could and never ought to be regarded for
the purpose of determining the power or pro.
prlcty IN a particular case. Congress, and
Congress alone, under the power conferred
upon IL by the Constitution, is to determine
not only the qucstion whether a State shall
be admitted at all, but IL Is equally cmpow-
cred with the authority of determining when
il shall be admitted
He said that enabi:sg acts were not to be
regarded as indispcnsably necessary TO the
admission of new States, and he proceeded to
lay down these principles TO the case under
consideration. The questions to be asked
were, whether the form of government was
Republican, and whether the people were
satisfied vi - il, and asked admission under
it; for the power of Congress was 10 admit
the State, not coerce il. lie contended that
half of the people in Kansas had had no OPP
portunity to vote for the election of dele
gates to the Convention, as in some counties
no census was taken. How could they be
expected to abide by it, decision, when their
voice had not been heardl lie also believed
that the Convention had intended trick
and fraud upon the people, and expressed
las, previously submitted. He would never
give his vote TO consummate that fraud
which he believed to be the most enormous
fraud that was ever undertaken to be prac-
ticed upon any people under the forms Of
law. He believed that if this Constitution
was forced upon the people of Kansas, those
who did it would light the torch Of civil
dscord throughout the entire Union. They
might cry" Peace" but there would be no
peace.
Mr.. Brodcrick said, that while he agreed
with Mcssrs. Douglas and Stuart in most Of ;
their remarks, there was one point on which
he wished to Eay few words. When Gov. I
Walker and Secretary Stanton went TO Kan
sas, they found state of instruction exist :
ing there, and succeeded with great labor in !
restoring peace. Now he thought that the I
President and his Cabinet were alone rcspon. !
riblc for the recent outbreaks. This was I
the frs, time that he had known President q
To descend from bis high position and ai I
tempt Ia eoerce pcaceable citizens 10 the 4
win Of an illegal body Of men. He was sorry
To disagree with his party. for he belle, al
lac had rendered ~ much service In tlecting
Mr.. buchanan n any gentleman upon this
hoor. lie was also somewhat astonshcd al q
the forbcarance Of the people Of Kansas to- :
ward the delegates 20 the Conren,ion. II =
the people had ilogged them, cut their ears {
of, OF sent them ont Of the territory, he for q
one would have applauded them for IL. lie .
would not make any extended remarks now,
but il the Lecompion Constitution should !
ever be presented to the senate. he might
have something TO say about il then. lie
would remark that he was no Free soilsr.
for In his own state bis nioat bitter ONO. /,
ntnts wen. E.n,hffe.n~