New-York daily tribune., 1858-03-19

Mn PRESIDENT, 10 ada any'hA " ~
.r.,.nt. that have been employed on 'his suolec'
-. ~. lang discussion through which we nave
....aS. and vet / should not perform my duty,
o,d;,g 10 nv views, If I omitted to express my
....;ueuts and feelings on the subject before the
S..ate. do not intend TO occupy your time with
ererdiums, Sir. The right of the people to gov
ers themselves 10 the great principle upon which
cr, Government and our institutions all depend. 1t
SCENE 10 me that this great principle s not lnaPPh-
cable 10 the present subject.
The President Of the United States communi-
satsd 10 ne an instrument called the Constitution OF
the people Of the Territory Of Kansas and he has,
nth unusual earnestness, advised and recommended
10 us 70 admit Kansas under that Constitution, as
State, into this Union. The question: as II has pre-
sented itself 10 my mind involves an inquiry as 70
the matters Of fact bearing upon this instrument o
writing, and whether these authorize US 10 regard
This instrument as the Constitution OF The people 0i
Kan,ss ls il their Constitution Does 1t em6ody
their will Does it come here under such sanctions
that we are obliged TO regard it, or ought to regard
II az the permanent fundamental law and COnstltu-
tiop of this new State DO not think it comes
with such a sanction, or ought TO be regarded as
the Constitution Of the people OF Kansas. Sir
shall not occupy your time longer on this point
What are the evidences that it is 30 1t is made
by Convention, to be sure, called under the au-
thor.y of an act Of the Legislature OF Kansas. 1t
i made by delegates regularly elected by this people,
and primd faee would appear that had the sane
tiop Of the people Of Kansas; but think there are
evidences OF higher character to show that It Is not
30, that it is but IN appearance Consu'aAon' ana
In the frs place the fact is established beyond all
controversy that an overwhelming majority of the
people of Kansas are opposed to this Instrument as
their Constitution. The two highest officers OF the
Federal Government lately there under appointment
from the President Of the United States, Gov. Walker
and Secretary Stanton both of that fact upon
their personsl know ledge. That is high evidence to
establish the fact that il against the will OF an over
wbelping majority of the people upon Wnon II Is 10
be imposed as Constitution.
The Constitution in part was submitted to the peo-
pie. shall not stop now TO inquire how IT was SUP
mitted whether fairly or not. part of 1t was sub
mittsd, however, to the people, and, upon vote
take by the people the clause thus submitted 1t
received 900 votes and little more. These are the
sanctions with which il comes to To this extent 1t
would seem to have the popular appreciation But,
Sir, when you come to look little further INTO the
iuyestigations which have taken place in that Terr-
tory il appears that of those 006 votes about 5000
were fictitious and fraudulent. That is reported to
by the minority reports of our Commee on lerrlto-
res that is verified to US by the proclamation Issued
by the President OF the Council and the Speaker OF
Abe House of Representatives of the Territorial Legs-
lsture of Kansas. These high officials, who were
invited by Mr.. Calhoun to witness the counting OF the
votes which were returned to hun, certify from
their personal knowledge that more than 2ooO o the
600 votes which given in three precincts in the
counties Of johnson and Leavenworth were fictitious
votes only call your attention TO this IN order that
il may appear truthfuly who it was that approved ct
this Constitution.
That vote was taken on the 2lst of December Be-
Sore that vote was taken, however, a Legislature
which elected In October last and which me, on
the CALI of the Acting Governor Mr.. Stanton IN De-
Cember passed act postponng that vote from tue
2lst Of December TO the 4th OF January. On the ih
Of January, under the provisions OF that ques-
II Ian nj inn
IL provided that tue question should be taken upon
the Lecoinpton Constitution with Slavery, upon the
Iecompton Constitution without Slavery, aod geDer-
ally upon the Constitution itself Upon that occasion,
over To- GOO voted against the Constitutions and the
Legislature Of the Territory Of Kansas have passed
resolutions unanimously protesting against the recep
ton BY Congress Of THIS nsrumes' as tne CGnsa b
fraud and that it has not the sanction or concurrence
of sny except a small minority OF the people Nhs Is
the substance of their resolutions
Now ash you, Sir, upon this evidence, as Judge,
10 ssy whether this Is the Constitution ot the people
Of Kansas or not whether the evidence before you
that it is sn instrument signfying their Will and de-
claIing that general and permanent law upon wmch
thew Tish their governm ent TO be founded oniess
YOU shut your eyes TO the vote taken on tue 4th o
January here is direct popular evidence ana protest
asnipst the Constitution and, even supposlng the
Thole of the 6OOO votes which were given for on
The Dist Of December TO be true and real votes, ia
expressed it shows that there were OVV0 other peo
pl in the Territory OF Kansas VINO are oPpVseu - .s
opposition Here is the solemn act OF the Legislature
of the Terri ory protesting against It. These are re-
corded evidences as much 30 as tue CohsututIon IL
self Is record, having the same legal sanctions and
the same legal title to our faith and our confluence
How are YOU in law, to make any difference between
these testimonials TO cay that you Will give effect To
one and will reject the other that you Will give effect
70 that which testhes for the minority ot the people,
and will reject that which testes for the majority ol
the people that you will accept that which was first
given and reject the last expressions OF the pouar
sill ,-;u .,..
ought TO govern on every PTnclpe, JUST as nucn es
that former law must yield to a Subsequent law IN
any poiLt of conflict between them The last ev',
snce then is the vote Of the people on the 4th OF
JANUARY Of 900 against it, and the evidence nearly
cotemporapeous with that Is the resolutions oil the
Ieeissture Of Kansas, protesting and impUring you
moi 10 accept this instrument that it s fraud and an
impostion upon them. | want to know why It Is that
this evidence not entitled TO consideration aud to
have effect The President, it seems to me, has gwen
ma a most unsatisfactory reason The President says
that in recommending the adoption OF t1Is Consttu'
ton TO us a. implied in the admission OF the state he
has not overlooked the of 10 600 against the Con-
stituton given upon the ith OF January he mas con-
sdered it, but he holds it, and he holds the law oi the
Territorial Legislature under which that vote was
taken to be mere nullities. Why The law was
passed by the regularly elected Legislature OF the Ter
ritory providing that vote should be taken on that
day and why not Is there anything IN the organic
law is there anything anywhere that forbds i-tbst
more forbds nan the passage of the act for calling
a convention by previous Legislature
The President had anticipated that the Constitution
itse in whole and no, III part, was to be submitted
70 the people. The Governor had 40 contemplated,
and had so assured and promised the people. The
President regrets that was only submitted in part
He regrets that the eLtire Constitution not sub
mitted Though be accepts as an equivalent the par.
tai submissop he regrets that It not submitted
ss a whole. The Territorial Legislature, after the
Constitution was published, immediately afterward