The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-27

lawthat charter of rights TO the people Of the Ter
ritories, which declares that ii is mot intended to egs
late slavery into any Territory exclude it theefrom
but to leave the people perfectly free to make their do
mestie institutions in their way Is il TO be aban
doned, and thus summary pronounced failuref Be
that ii may, he cannot convince that the people
have not the right TO make their domestic institutions in
their way until he rsps much Of He organic
says they shall do tbs precise thing. 84ies La q
1t has the people not only all the powers
Congress possessed under the constitution the kind
of institutions which should be made but also and just
expressly as to the mode manner and way of making
them The senator proposes to reject what the people
have done and confer upon them new grants of power
and yet If there any thing clear in all this Kansas
question: it is that the kind of institutions the peo
pie shall have and the way in which they shall be made
they already have complete authority 1t is true that
Congress still has the power to say that Kansas shall not
come into the Union but cannot sec how that body
confer any additional authority to the way in which
she shall be prepared to come in. will not be contra.
dcted when say that the question between the friends
and enemies of the Kansas bill was, whether the people
of the whole Union acting through their representatives
in Congress- legsate slavery in the Territoryno
claiming the legslae any other domcs
tic institutions whether the question should be dealt
with by the people of the Territory in their way
through local representatives of their selection This
question was settled as no other question had ever
been settled before by the of all the de-
partments OF government, by Congress, by the exec
tive, by the judiciary and by the people at the polls
And Mr.. President must confess to great amazement
when heard the honorable senator assume, the other
day. that the people of Kansas acting under his boased
grant of pcrect Freedom could not In the matter Of
making government for themselves rise above the dig
nifty of supplicants to Congress to raty their irregular
and unauthorized proceedings not the ground
that what they had done itself entirely nadmssble
but because it had not been done in the right way The
organic act says they shall do this thing Sin their
way" Will the senator say the way they have embraced
not the way of the peope win he contend, in the
face of his Springfield speech to which shall allude
particularly hereafter that the people have not had
tn will
box or ii portion of them refuse to do this when in
ved because they determined to disregard their
local laws that the responsibility is not their own? Ger
tanly not. agrrff '|N
Wherein hen is the case of the convention defective
deny toto the senator's right to go behind the legal
and authorized aspect of the Congress is not here
after to deal with the question of making institutions in
Kansas either to their character mode of formation
The rights of the people to this matter crcum
scrbed by the constitution only and when issue be-
tween their action and that instrument shall arise it
must be question for the Judiciary, and not for Con-
gess and so the senator from Illinois has often held
especially the question of squatter sovereignty
When therefore, the people apply to Congress for adms
sion State, through the agency of convention Of
delegates selected by themselves in legal and orderly
manner under the broad terms of the organic act and
in these days of non-interventon having decided the
slavery question by popular vote the only proper inquiry
for Congress will be Is the constitution republican Mr.
Madons discussion of the obligations of the federal gov
ernment to guaranty to every State in the Union
publican form of government to be found In the Fede
rast but which is too voluminous for the pres
ent occasion, is, to my mind, clear on this point.
The honorable senator has resorted to musty autho
ties to sustain his position but not disposed
to resort to of that kind to controvert them In
deed IL would be hardly fair in these days of non-inter
venton. had supposed that after the of his
doctrine old relics would be forgotten, and that
to have simple, plain system for the Territories to wit
that the people from all the States should go into the
Territories with all their property including slaves and
egislate for Themselves up to the full measure allowable
hy of limited
ion interference by Congress and that, in their
time and in their own way they should be allowed to
prepare for and ask admission States Besides it is
extremely difficult to tell exactly what the precedents of
Congress, States, and statesmen would teach this
subject have taxed my brain to the utmost to make
fair deduction from this complicated contest and find it
exceedingly difficult to show decisive authority for any of
the points involved discover that the States of Maine
Michigan, Vermont, Arkansas, Tennessee Texas Iowa.
Florida and California admitted into the Union
without what called enabling acts Ohio Indiana Mis-
sissippi, Louisiana, Illinois, Alabama Missouri, and Ar
kansas came in under acts OF Congress and that Yer
mont, Ohio, Kentucky, Tennessee Alabama, Missouri,
Arkansas and Wisconsin, according to the best authority
can find, came into the Union undor constitutions
which had not been submitted to the popular vote Ger
tain States, under enabling acts, may avo submitted
their constitutions to vote Of the people and others
have not There seems to have been uniformity of
action the part of the States of Congress
The precedens established by statesmen still
dubious. r.,
Even the honorable senator from Illinois does not seem
to have held the views at all times the questions
under consideration At present he doubts the policy
admitting Kansas, because her entire constitution
submitted to vote of the people yet he voted for
abng act or Kansas which did not require that any part
of the constitution should be submitted He denies the
authority of convention of the people of the Territory
of Kansas to make State government, under the
enlarged powers conferred by his vorte law Of 1854
and yet he voted to admit California State she hay
ing made constitution and State government without
the color of authority from Congress- the ncpient
steps of which had their origin in the orders of military
commander. make no charge of Inconsistency against
the honorable senator and surely to the purity
his motives state these things to show the difficulty
of the subject but do that when the senator picked
up the charge Of Inconsistency made against the Pres
dent the other day, by his colleague the Michi-
gan and Arkansas cases. and when afterwards replying
TO similar allegation against himself he said q am
not of those who boast that they have changed
their opinion; % do not know that month has ever
passed over my head in which have not modified some
opinion to degree he ought to have extended the
same charitable rule to the President.
But he holds that when the people of Kansas move in
the matter of establishing their government that move
ment though may not be Illegal Is irregular and does
not rise above the Importance of petition for redress of
grievances How will this sentiment be reshed by the
proud who have gone to Kansas from all parts of the
Union believing they had been vested with the great
principle of selfgovenment? They will scarcely realize
their attitude. a'@. '1
But II is said they petition Congress for redress of
grievances. When IL pretended that individuals or
communities could not petition Congress for redress of
gIievancesg In Gods name, who denied that right
lis that all the people have gained by nonntecnton
Is that the full fruits of perfect freedom in Kansas Is
that what have gained in this long sruggleY II it be-
then must confess have never understood the aues
Hon I, 1al,a L..