The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-03-25

ton had been framed, it is true, but the instru-
ment was without binding force upon the peo-
pie, and even now it remains for Congress to
say whether it shall ever be made obligatory.
While the Constitution was in this unexecuted
shape, there was nothing that could diminish
the power of the Territorial Legislature to affix
this new condition to its formation. At the
best, this Constitution was nothing more than
a proposition to the Congress of the United
States. The organic act had authorized no
Convention, clothed with legislative authority,
to bind the people of Kansas, or to conclude
the National Legislature from the exercise Of
Its sovereignty over the Territories. Nor did
this doctrine rest upon argument alone. Con-
gress, in the case of Wisconsin, had remanded
her Constitution to the people of that Terrific
ry upon disputed question of boundary, at a
period in the process of her preparation for ad-
mission when abe was much further advanced
In her application than was Kansas at the time
her Territorial Legislature authorized this vote
on the Lecompton instrument. Were the peo-
pie of Kansas forever restrained from fur
ther proceedings in the matter of Constitu-
ton after the Lecompton Convention adjourn
ed What, then, would have been their condi-
ton, had Mr.. Calhoun suppressed the document,
or refused to transmit it to Congress? An argu-
ment which proved too much, proved nothing.
as an estoppel on the people in their spplica-
ton Tor admission, nor were the little rules OF
Westminster Hall pertinent to the discussion
of a great political question before tribunal
like the National Legislature. In it's adjust
ment, full scope should be left for the play of
reason and Justice, unrestrained BY legal fc-
tions or technicalties. If, in respect to their
fundamental law, aud out OF abundant caution,
the people should desire to vote again and
again upon their projet of Constitution, who
could objectP La the case of Kansas the re-
suit of the election held upon the whole Consti-
tuition had sufficiently indicated its prcprietv
aud necessity. 1t enabled the people unmis
takably to indicate to Congress and the coun-
Try tnelr opposition to the pending instrument.
Who would now be willing to force them into
the Union under Constitution thus tried and
condemned? To do 80 would clearly be q nal.
pable violation of the right of the people TO
govern themselves.
This Constitution, moreover on closer ex.
animation, seemed to be conceived and execu.
ted In fraud. Recent Investigations in the Ter.
ritory, conducted under the authority of the
Territorial Legislature, had disclosed the fact.
that OF the votes cast in favor of the Slaverv
article on the 2lst of December, more than
twenty-seven hundred were fraudulent and 6c.
tlhous. And, in order to estimate the force of
statement like this, it was necessary to take
connected view of political events in Kansas.
The hrst Legislature of that Territory WAS
elected by others than the people of Kansas.
This fact seemed to be undeniable. and was
certainly 80 considered by the Free State party
OF the Territory, who, for this reason, had long
renounced allegiance to the Territorial Govern.
ment- This abstinence on their part from all
participation in civil affairs naturally pleased
the minority, as it left the field open for their
unlmpeded sway, insomnch that Gov. Walker,
for attempting to conciliate the recusant ma.
jority by promises of fair dealing, encountered
the determined hostility of the minority party.
That the latter were not incapable of fraud is
sufficiently patent, and that they sought to re-
tain their power rather by arti6ce than numeri-
cal strength is apparent from the machinery
devised by the Lscompton Convention, as seen
IN Its refusal to submit the whole Constitution,
in the extraordinary powers conferred ON Mr.,
Calhoun, and in the test oath prescribed as a
| condition of voting on even the single article
ssON~ras 90 %kS -zsfssle, -Ita ittla -asnac. fo-
clause of the schedule, which, in case the Con.
stitution should be accepted by Congress. re-.
pesls all laws passed by the late Territorial
Legislature. What power had that Conyen.
ton to psralyze Legislature acting under au.
thorIty OF the organic act of Congress2
Mr.. Crttenden expressed his disapproval of
much In the conduct of the Free State party of
Kansas. They doubtless have bad and sedi.
tlous men among them, but laws were provided
tor the punishment of such individuals. The
political rights of whole people were not for
feited by the factious practices of few lawless
men. Ii however, it should be said that this
sedltious spirit is general among the people, he
thought they were in that case hardly prepared
to take their place in this peaceful confedera-
ton OF States. They should be left to serve a
little longer apprenticeship in the art of self
government.
Regarding the Lecompton Constitution in
the light he did, it was impossible for him 10
vote In favor of admitting Kansas under that
instrument. He would submit to any conse-
quences, rather than stain his hand by putting
1T to what his conscience did not approve. And
what was to be gained by it? At the North,
renewed agitation of Slavery. To the South, it
was destined in any event to be a barren tri-
umph- Let us, then, said Mr.. G , authorize the
people OF Kansas to express their will fairly
and dehnitlvely in the matter. Let the major
NY rule. This was the principle which com
mended the Kansas Nebraska law to Southern
acceptance. Let the South now give full scope
to its exercise.
He gave notice of his intention to bring in a
BILL providing for the admission of Kansas con.
ditionally, on the ratification of the Lecompton
Constitution by full and fair vote of the peo-
pie, and, in case of its rejection, by authorizing
the formation of new State Government.
Mr.. Trumbull, of Illinois, in an earnest
speech, reviewed the history of the legislation
of Congress on the subject Of Slavery in the
Territories since the year 1850. He explained
and approved the theory Of the Compromise
measures of that date, and quoted from a speech
of MIR. Cass in illustration of the pacific effect
they had exerted upon all sections of the coun-
try, when in 1854 the Missouri Compromise was
repealed. He remarked upon the little success
of the KansasNebraska bill in accomplishing
the object of its patrons, that of banishing
Slavery from the halls of Congress Reviewing
the decision of the Supreme Court in the case
of bred Scott, he replied to the recent argu-
ment of MIR. Benjamin, in relation to the legal
status and extent of Slavery, whether under
the common law or the Constitution of the Uni
ted States. He cited FIVE decisions in which
the Supreme Court assert the power of Con-
gress over the Territories, and hence inferred
that it i'll became those who now deny this
power to assail the Republican" party for re-
fusing assent to the mere obiter dicta Of that
Court in their late opinion.
Mr. L. then recited the course Of events in
Kansas, and entered an emphatic protest
against her admission under the Lecompton
Constitution. 1t was idle to suppose that such
an iniquitous measure would tend to "localize
the agitation" now raging in the country That
agitation could be allsyed only by doing justice
in the premises.
The Senate adjourned at o'clock.
HOUSE.
The business first in order was the motion to
lay on the table the memorial of the membera
and officers of the Territorial Legislature of
Utah.
Mr.. Harris, of MARYLAND, said he had snbn,;t.