The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-09

calling f Information relative 70 the facts attenunS tue
formation Of the Leoompton constitution, &c.
The svrcs PRECEDENT announced that the hour had arrived
the consideration Of the special ordsr being the
finished business from Thursday.
Mr.. FssKypxS, opp Of Me-, who entitled to the
AOor willing 70 give way FOR the purpose OF having
Mr.. Douglas resolution considered If objection
made
Mr.. MASON, (adp Of Va. would be compelled to ask
the yeas and nays motion To postpone the special
order, with view TO take up the resolution because the
effect Of that molten must be to continue the discussion IN
different form from what would be the resolution
of reference.
Mr. DOUGLAS responded that II was entirely immsteria
TO him whether the vote be taken first the refe-
renee or upon the resolution. He thought that
any delay in the adoption Of the resolution of in
quiry would only operate delav in the settlement
of the Kansas question: for he should deem his duty
obtain that Information il he possibly could and to insist
upon any reasonable delay in order to procure IT, This
Information essential to the proper consideration
the subject but II the Senate preferred to proceed with
the dhsusson OF the resolution for reference fret ne
would wnhcraw the motion and subsequently caE up
Mr., FIssaEpxN perfectly willing TO give way, that
the Senate hight upon he question az to whether
more ipformason TO be afforded TO Congress officially
he was unher S impression was not the desire Of the
majority OF the sena that the resolution should be
adopted and the information It sought be obtained He
had oea such thing wouh be allowed but was will
ing that the attempt should be made II he supposed any
investigation would be made in reference To the frauds
which had been perperaed n he stages Of these
Kansas diffcutes, the which Senator from
Missouri Mr Green) made TO his inquiry the other day
would have satisfied him that further inform alton
would be afforded TO the Senate officially other than that
already before that body and saw no reason
why he other Senator who desired TO speak on the
subject might not as well proceed defer his
marks unti the Senate should have a report from the
Committee on Territories.
Mr GREEN adm OF Mo-, replied 70 the question of the
sepa.or from Name that he was not authorized TO speak
own responsibility that the question OF these frauds
Dot before the conmittee and further that the committee
would undertake 10 carry out direction that the So
nate might think proper TO give.
Mr. FEssENpEN replied that be undersoo the of
the Senator he had repeated but that
ed the impression 10 his mind that other Information
would be afforded thom than what they now had Mr. f.
IL BIS comments on the Presidents message said was
drawn with care and design and intended argu
10 The country TO affect their minds in reference
this great question. He thought net unmporat there
fore that the views Of those who differ from the Pres
Dent should be expressed some extent that the
may understand that while the officer highest in position
entertained certain opinions those who are in less de-
gree the representatives Of the people, entertain different
opinions tai different view Of the facts and have
thing TO in defence Of their views The President has
said in his message that Kansas admitted under the
Lecompt'n constitution the troops could be withdrawn and
applied 10 the service in Utah aud that ef. the inference
that on refusal TO admit Kansas the troops would still
be kept there Was Kansas sti 10 be kept under the
control OF military desposm be the Territorial
government has not got into the hands OF that party who
bad heretofore been denomnated rebesY and was the
Senator from New York willing 10 vote for the increase Of
the army for such purpose as thar
Mr.. SEwARD (opp) of ~ Y. thought the Senator had
fallen into some error relative " his position He had
reached the concluson from all the facts which ha
TO his knowledge, that there would be such state of
things in Ksusas would oblge the withdrawal Of the
troops there. He could not believe that the adm nistra
op would be go infatuated TO endcavor TO keep the
army IN Kansas, although such an Inference might DO
drawn from the message.
Mr. FssESpxN replied tha. the Senator from New York
utterly rejected the Presidents OF what he
should DO and he essenden) could not under upon
W hat "a yote for in
crease OF the army But he would return 10 the Pres
dents message In undertaking 70 perform his constitn
oDal duty OF giving Congress information from time to
tine OF the stae OF the Union the President should take
70 communicate only absolute verify at any rate he
should not set q. defiance known and admitted facts and
make the argument all on one side, Ignoring everything
the ether lie obliged to that the President
had been guilty in his message Of not only ignoring all
well known FACTS but Of stating things which he must
have known-h he had examined the documents
could Dot be true. What excuse the Presi-
dent might have for that IT was not for him
Nessebdep) TO say. The tone of a message of a
Chief Magistrate of the Uuion should be dgndef and i'm
partial 1t should not be denuaciaory but yet, from
the beginning TO the end Of this hear from the
President denuncation in strong language CT what he
admits 10 be majority OF the people Of the Territory
because he alleges that unless he keeps troops there they
have the power as we'll as the will TO overthrow the 60
verrmert at the time the President has not
~oro TO say n condemnation, but rather speaks in i'm
piled appreciation OF all that has taken place in Kansas in
opposition n the efforts OF the people II the Territory
obtain free state constitution. Such language he Fres
sendep) deemed unworthy OF the incumbent OF the Pre-
sdepiia chair II little singular, too, that he nai
~ mpaihy with the free State people OF Kinss when
remember that he was born in free
STATE, and had seen grow up 10 be
Of the FIRST In rank in the Union and wealth and
power simply consequence Of the free S,e institutions
under which her inhabitants lived but In the message
not word except Ia denuDeaon Of those who
undertaking 10 introduce the blessings Of free State
errmeu, in Kansas On the contrary be speaks in
ton then he ssys that Kansas Is much OF slave
State Georgia or South Carolina and ho u rejoice
thinking that II Is bound hcnceiorward and forever,
the car Of slavery For some reason or other he has
tfoatx the
ton " great importance W the slave Staee but
Of no consequence 70 the free statcs. II II was o.
the South not OF more consequence
10 The seventeen millions OF people Of the North Bui e
Soul and for the North The President thinks that
dinsuues must arse Congress refuses 70 admit nsas
under the Iecompt1n consttuaon and warns that t1e
people of the slave states would be excited and not sub
nit 10 H. and therefore be counse the people OF the tree
States b. yield He Fessendenl would have expested OF
The President in stating The danger OF te excement N
the People OF the South well &C the North
against disobeyng laws of the country. Congress
the proper tribunal o settle this question, and
Congress thinks proper 70 settle adversely IN the views
of the President he wanted 10 know why the President
should not counsel the people OF the slave States sub
mn 20 .ne VII OF .no majority Inc adoption ~ the Iope
ment than the act Of town meeting passing resolutions
the same subject Rebellion does no, consist in words.
You must have fcrcble acts, and nobody find that
there any forcible resistance 10 the govern
ment, s'tboueh usurpipg goverDment at
Walker about frauds In Kansas the President docs
believe word OF it but he rScrs 10 Walkers letters
snd makes extracts from them in order establish
the fact OF rebellion But they prove nothing after ALL
The President that the OF the people o Kansas
taken the question 10 form constitution but he
(Mr Fessenden) denied this. They could not expres-
their opinions under the test oath by which they have 10
support not only the constitution OF the United
states but also The organic act and Fugitive Slave Law
Who heard of 'test cath applied o the right Of
suffrage any part OF the world where suffrage Is allowed
Al air pocs NOT the President know that throue the
slave States there univ erssl abhorrence of the Fugitive
Slave law and 10 many az be States II l. held b. be unc0n
stuona and considered positively unjust and dcrogatory
their rghts The President also says; that the question
OF slavery submitted 70 the people OF Kansas. Mr.
Fesaenden denied that too. Sothng was submitted
but the choice between two constitutions. both Of
which establish aud recognize slavery IN that Territory
and, for his ltc he was uranle 10 tel which was the
worst OF thetwo lie also argue that tie Topeka c2usti
tuition legal the Ieccnpton stituon. There
legality about the inception of the one than
OF tho other He was opposed W this asmpt N force
slavery the people of Kansas, aud wcui sgtse so
lorg as single hope renamed that slavery might be
Hk.ul