The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-11


Douglas members promptly accepted it; and it
was unanimously agreed to. The House then
adjourned, at 81 o'clock on Saturday morning,
until Monday.
Monday, February 8, 1858.
SENATE.
In the Senate, the special order of the day,
by previous appointment, was the message of
the President upon the application of Kansas
tor admission into the Union.
Mr.. Fessenden, of Maine, in an elaborate ar
gument, proceeded to analyze the various parts
of the message, with the view of exposing its
Inconsistencies, omissions, and misrepresenta-
tions.
He alluded to the allegations by which the
Free State party Of Kansas are eliminated
throughout the message as rebels against law
full government, insomuch that among other
reasons for invoking the consent Of Congress
to the admission of Kansas into the Union, the
President states that in that event he will be
able to withdraw the forces of the army now in
that Territory, where their presence, as he al.
leges, is made necessary by the rebellious
spirit of the Free State men. As these men
have now legal control of the Government of
Kansas, Mr.. Fessenden thought there was little
need of keeping an army in Kansas to prevent
them from overturning that Government. He
denied that the Free State party had ever
sought to overthrow the existing order of things
in Kansas. They had never sought to enforce
the establishment of their Topeka Constitution,
which they presented to Congress purely as a
petition for a redress of grievances. He was
surprised that the President, in quoting Gov.
ernor Walker as good authority enough to
prove the rebellious character of the Free State
men, had not accredited that witness in other
portions of his testimony. Wholly ignoring
the fact that the first Legislature of the Terri.
tory was forced upon the people of Kansas by
an armed invasion, the President, said Mr..
Fessenden, proceeds to state that the sense of
the people was taken in favor of holding q
Convention to form Constitution, but omitted
to mention that the Free State men we're re.
PEELED from the polls by a test oath. He 1.-THE
Presidency alleges that the law providing for
the election of delegates to the Convention was
fair, but omits to state that in its execution
nineteen counties were disfranchised. He af
firms that the question of Slavery was submit
ted to the people, when he knows, or ought to
know, that they only had to choose between
two possible forms of a Constitution, each rec
ognisipg Slavery to a degree which makes it
impossible to say which is the more Pro-Sls-
very of the two. He argues that the people
may change their Constitution if they do not
like it, but neglects to say that the whole ma
chinery of the Government will be in the hands
of the very men who have hitherto perpetrated
the glaring frauds on the elective franchise in
that Territory, and who, as they have establish
ed their domination by frauds, will be able to
perpetuate it by the same means.
The speaker then considered the argument
founded on the "legality" of the proceedings
had by the Convention. Whence, he argued,
this legality? Where did the Convention find
their authority to institute government? The
President derives it from the organic act, but
to do 80 is compelled to interpolate clause
which is not contained in that act, and which
cannot be derived from its terms by any i'm
pication. The Lecompton Constitution had
been twice proved odious to the people of
Kansas-once by the Convention itself, in
refusing to submit it to popular revision, be-
cause assured of its rejection, and once by the
people at the ballot-box, which, on the Ali Of
January, had spoken in unmistakable terms.
Having argued against the validity of that
Constitution on the ground of popular sover-
eighty" Mr.. F. then proceeded to affirm his
opposition to the same, for reasons growing
out of the repeal of the Missouri compromise.
He had determined never to vote for the ad-
mission of any slave State formed from the
Territory consecrated to Freedom by the SOL
emn compact of 1920.
AT the close of his speech, an animated de-
bate arose, in which Messrs. Benjamin, Clay,
Seward, Hunter, Davis, Douglas, Fessenden,
and others, participated, when the question was
taken on Mr.. Wilson's amendment to the reso.
luton of reference, instructing the committee
to inquire intoallthe circumstances of the forma.
ton of the Lecompton Constitution. The yeas
and nays being taken, the vote stood
Yeas-Messrs. Broderick, Cameron, Chan
dler, Collamer, Dixon, Doolittle, Douglas, Dur.
kee, Fessenden, Foot, Foster, Hale, Hamlin,
Harlan, King, Seward, Simmons, Stuart, Sum.
ner, Trumbull, Wade, and Wilson-22.
Ndys-Messrs. Bell, Benjamin, Biggs, Big
Ter, Bright, Brown, Clay, Crittenden, Davis,
Evans, Fitch, Fitzpatrick, Green, Gwin, Ham
mond, Houston, Hunter, Iverson, johnson, of
Tennessee, Kennedy, Mallory, Mason, Polk, Sc
bastian, Slidell, Toombs, Wright, and Yulee-
%.
1t will be observed that the Know Nothing
Senators generally voted with the Administra.
ton men.
The motion to refer was then carried.
Mr.. Douglas then moved to take up his
resolution; when
Mr.. Mason moved that the Senate adjourn
on which question the yeas and nays were de-
manded, and it was decided in the affirmative.
The Senate accordingly adjourned.
HOUSE.
The Leconspton Constitution.-The Speaker
stated that the first business in order was The
call (by Mr.. Harris, of IlIinois) for the previous
question on the several propositions for refer.
ence of the Presidents message Transmitting
the Lecompton Constitution.
The propositions pending were as follows:
| l. Motion by Mr.. Stephens, O Georgia, that
the message be referred to the Committee on
| Territories and printed
2. Resolution offered by Mr.. Hughes, of In
diana, ss follows: /
Resolsed, That the message of the President
| be REFER ed to select committee of thirteen. 4
z. Resolution offered bp Mr.. Ha, ria. of I'LL