Arkansas true Democrat., 1858-05-18

creased by the internal course of the pro-sla very party and the administration; know that men who came here democrats and whigs have been goaded on by these damnabe Pierces and Buchanans until they are abolitonists GA voice, "that IS sop and I will not stand here and censure single man in the territory thus driven to that extreme ground but take the facts as they are. The free state party is large " composed of abolltionists, and 1 assert my full belief that if they get the control of the judiciary and legislature under this constitution that their judiciary will decide that the negro has vote. GA voice-"they never can get it.')
 Mark my position! If the Leavenworth con- stltution becomes law, will struggle against their getting control of the judiciary.
 The Lecompton constitution, it is true, con- tains the same language, and as a free state map, almost feel inclined to say cursed be the hand that copied that provision from the Lecomption constitution, 1 would be ashamed of the provision. As long as it remained pro- vision, when 1 knew it was copied verbatim from Lecompton. 1 have little hot blood in my veins upon that subject now, and I despse that constitution so that 1 would hate to see a clause in the constitution of Kansas copied ver- 6attna from Lecompton.
 say that the first legislature has not the power to decide judiclally upon the question, who Is citizen of the United States That is question which can only be decided by the Judiciary of Kansas. l say that that clause is equlvocal and 1t is expressly made equivoca and fear the equvocation will deceive great part of the white suffrage men of Kansas
 The gentleman says that the convention could not have put another clause in the constitution. aIl OoXu Coll ,..o;+i I l l am especially called upon to blame the con vention, but do not like to see position taken that is not correct. The law which called the convention together, provided that at the elec- ton on the adoption of the constitution, and for officers under that which took place upon the same day. that such and such should be the qualification of voters, yet the gentleman says that 1t was out of the power of the convention to insert the word "white'' before the word "citizen." Did the legislature presume to make a con 5tituton for Kansas? No! They called convention together with full power to make a constitution in every word according to their own wish, and only restricted the convention upon the point, that they provided who should vote for or against the constitution; and if the convention had inserted the word white before the word citizen 1t would not have contravened that provision of the law of the territorial legs- laLure for the simple reason that that law only went to the point of describing the qualification oi voters on the constitution itself. So the con- SSltutonal convention was perfectly free to in- sert the word white, and 1 say here, now, that think that they ought to have inserted it, for they might have known that the great body ot the people of Kansas wanted no negro sui lrage.
 Let Us come to the next point and that is that the legislature can exclude negroes from the common schools. l will refer to the con stltution upon that point, passing it only until it Is found.
 come then to the question of the submission of the qualification o the people,
 say here, and l believe 1 could vndcate the truth of my position anywhere that that submission Is no submission at all The clause upon elective franchise provides that every male citizen of the United States shall vote. It is not restricted as to tme It will run on as long as the Leavenworth constitution remains the l organic law of kanSas-tO all eternity. Very well. They then say that the first legislature at lts first sess on shall submit the question of unlvefsal suffrage to the vote of the people, Well, what Is "universal suifrage!" Why it Is the suffrage of all the people of the universe --whlte, red, and black, women. and children girls and boys-all kinds of suffrage IL has lot distinctive meaning. It ought to have sad, and should submit the question of black suffrage to the people, and then it should more- over have provided that that vote should work change in the constitution If the people voted against it; but it does not provide any such thing--it provides simply for submitting universal suffrage 10 the people, it does not provide that the vote shall work a change in n Ip r. nothing of the sort, ii simply provides that the, shall submit it to a vote of the people. SuD pose they do, and suppose the people vote against It. the ballots will be headed ''universal sutlrage"' yes," universal sllilrage;o no, sup- pose the majority vote "no,' what then? Does It work change in the constitution? No! Is the next legislature obi 5ed to submit all amend ment to the constitution to the people? No; and venture to say if the people who are not opposed to negro suffrage have the control. that thls legislature will not mind their vote They are not obliged to submit an amendment of the constitution providing for that change and say that Ill the haste of closing the deliberations of that assembly, that the gentleman who wrote that amendment unfortunately wrote it so that 1t might as well have been out of the constitution --it had better have been out of the constitution for do not see any propriety in having clauses III the constitution and schedule which are to be the subject of lodging and equivocation before the people.
 l say, then gentlemen, that that submission of the question of universal suffrage, as it is called, which not on y includes negro suffrage, but white, German, lr,sh, and all other suffrage, IS so general, so entirely unaccompaued with provisions as to the effect of the vote that it had better been left out of the schedule alto gether.
 We will look at the fact as it stands before us The constitution of Kansas-the Leaven- worth constitution provides that every male c tizen of the United States shall vote. The. question who Is a male citizen must be deter mined by the judiciary of Kansas, and if 1 for one ever should be member of that judiciary. l would hate most awfully to have to say resting myself upon the Dred Scott decsion- that negroes are not citizens, and give as an ar gument for 1t the Dfed Scott decision that I believe to be in all its points against the national law.
 hate that provision in the elective franchise article because 1t Is dod ge-because it is eouivo- ca-because it does not let the free state men oi Kansas know whether they are to be put upon an equality before the ballot box with the negro or not. That Is why 1 hate it. aud al- though intend to vote for that constitution, 1 intend to Ii ght, as l said before, for change of 1 that provision.
 Let us see the next point, and that is that the legislature may provide separate schools for white and negro children. 1 ask my friend General LANE, whether that clause provides or suffers the legislature to provide for two uni form systems of public schools? No and 1 say that if the legislature were to provide in every school district white school with a white teacher, and a neglo school with negro teacher, l believe they would violate that clause of the constitution, and their law would be unconsti- tutlonal.
 Mir. ANTHONY. In the State of New York the law is the same, and yet separate schools are provided.
 MT. EWING. have the pleasure to know an attorney in the city of Leavenworth and he was educated on the same bench with black. | Voice" What was the conseouence ?''- Perhaps he liked it?'1
 Mir. ANTHONY. It was only by special per mission that the negro was allowed in
 Mr. EWING. l state that that clause provides