Nebraska advertiser., 1858-03-18
SENATE.

- matt
The Kansas bill was taken up.
Mr.. Hammond commended that the Lee
compton Constitution embodied the will of
the people, for the Convention was an as
semblage of the people in their highest
capacity. He said that he understood the
Senator from Illinois had declared he op-
posed the Lecompton Constitution only on
one point; namely, because he was not sat
isfied that it embodied the will of the peo-
pie.
Mr. Douglass replied that that was not
exactly his position. He thought there
were other irregularities, but he would
waive these if he could be assured that
the Constitution embodied the will of the
people.
Mr.. Hammondha a understood that Mr..
Douglas maintained all the other irregu-
l~arities could be cured by Congress, and
that was the same ground of difference
between them. But the question is, how
can the will of Kansas be ascertained ?
He thought Mr.. Douglas in error in say
ing hat the Lecompton Constitution was
the creature of territorial Legislature, and
thought that from that error had probably
arisen all his subsequent errors upon that
subject. How was 1t possible that this
Convention could be the creature of the
Territorial Legislature The Conven-
ton was an aSsemblage of the people in
in their highest sovereign capacity, about
to perform the highest possible act Of sov-
ereignty. The Territorial Legislature
was a mere provisional government; a pet
ry corporation appointed and paid by Con-
gress, without a particle of sovereign
power, and, therefore, could not interfere
with its sovereignty, although that sover-
eighty was still incohate. Congress could
not interfere with the Convention-could
not confer upon the Legislature power to
interfere with it. 1t has no power to act
outside of the limitations of the Constitu-
tion-no right to carry into effect the SUI
preme will of the people, if it has not
been expressed in that Constitution; there
fore, Congress is not sovereign, neither
does it hold the sovereignty of Kansas.
That sovereignty resides in thirty-one SOW
ereign States.
He then proceeded to argue hat the
Lecompton Constitution was a legal in
strument, and even if it embodied but the
will of a minority of the people of Kan
sas. Constitutions are often made by mi
n%orities. The Constitution of this Union
was made by minority and in 1910 mi
nority had in their hands the power to al
ter or abolish it for at the time six out
of twenty-six States had the numerical
majority
He alluded to the charge of frauds in
Kansas. He presumed there had been
frauds on both sides, and thought the least
said about it the better. But the true OBJ
Ject of the opponents of the Leeompton
Constitution, was the agitation Of the Sla-
very question. They wanted to intro
duce an element of discord into the Dem
ocratic party. 1t is singular that while
claiming a majority in Kansas they should
be beaten at every election. q t-f
Discussing the question of slavery, he
spoke of the propriety of the South, and
said that the condition Of the slave was
better than that of the poor white laborer
of the North. There were more beg
gars in a single day in New York, than
during a lifetime in the South. He clos
ed by saying, if the South were obliged
to surrender the Government after sixty
years, they would surrender it with a
country abundant in prosperity, incalcuIa-
bic in strength, and the wonder and adj
miration of the world
Mr.. Doolittle alluded to threats made in
certain quarters, that unless Kansas be adj
United under the Lecompton Constitution,
the Union would be dissolved. He did
not believe that such a great national ca
could follow or that it was at all
yet he confessed that its consider
alton would be entitled to great weight.
did not believe that all the politicians
= W.