The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-09-02
s0r In the discussion at the Court Houi

THURSDAY M0KNING...I..,.@- 80. .RT. 3
B6 In the discussion at the Court bout y
on Tuesday, Judge Hovey was most happy
and triumphant in reply "a The positions -ad-
vanced by his opponent Judge Niblack. He
said he had been charged with erecting
platform and applying tests Of his own, to
which he demanded Che whole Democratic
party of the district should submit. He had
applied no tests to any one. TWD were the
peculiar Instruments Of tho Lecompton
leaders. They had had no less than three
within three months. At FIRST If any one
dared avow an anti-Lecompton sentiment,
he was beheaded; that was found too intol-.
Grant, and the support Of the English swin-
die was substituted, as the criterion of De-
mocraey That being too repulsive dose
for honest and independent men to swallow,
it was formally resolved at the Princeton
Convention to abandon that; and il was re-
solved that they "did not regard the ap-
prevail or disapproval of the English bill or
the Presidents Kansas policy as test OF
Democracy" they would hold every man
chat attempted to discuss il, a boiler and
read him out of the party. This was the
'fgag test" But the Washington Union
has recently promulgated afourth. ltgrave-
" declares that "a failure to abide by the
laws Of the party vi. e., the mandates
from the White House. the highest
crime a democrat can commit" Implicit
submission to the dictates of the President
Is now the Lecompton test Of Democracy
They had successfully abandoned each one
of their previous tests, and they would re-
linquish the last in October, when they
learned there was an authority in the land,
paramount to that of the Executive.
To the technical argument of Niblack
that the formalities of law had been COM
piled with in the formation of the Lecomp-
ton Constitution, and that Congress had no
right to go behind the record, or make any
investigations in regard to it, except to en-
quire If it were republican in form aud had
emanated from legally constituted body,
Judge Hovey replied in a manner that pref
ty effectually demolished his opponent
Judge Niblack said that large portion of
the people of Kansas had refused to vote,
and were thereby estopped from complain
ing of what had been done. Judge Hovey
admitted the doctrine to the full extent
claimed by his opponent that if they had
a chance 10 vote and had not exercised it
they were bound by what had been done
by others. But he proved eonclusively by
Gov. Walker aud Secretary Stanton's dec
larations, and by the joint resolutions passed
by the Kansas Legislature, that more than
one half of the people of Kansas had been
deprived Of all chance to participate in the
election of delegates to the convention
They did not-and could not and by no
fault Of their own-cast a vote for a single
delegate To the convention. They could
not therefore, be bound by its doings.-
Niblack said those who opposed the conven-
ton were the rabble and outlaws and their
acts being illegal had no authority, and Con-
gress was not bound to regard their pro-
ceedings in any shape. The rabble in this
instance, Hovey said, was composed of ten
thousand majority of substantial citizens
the law and order men, according TO Nib
lacks theory of Democratic rights, consisted
Of two or three thousand pro-slavery men
and office holders. The Democratic theory
is, when men enter into O compact to frame
constitution, society is reduced to its orig.
inal elements. Simple majoritics possess
the power and rule, and the assent Of clea,
majority Of individuals is necessary to give
it validity. Here was q body of men rep
resenting less than third Of tho members
Of the body polite, framing a constitution
and attempting by fraud and force to impose
it upon the other two-thirds Of their fellow.
citizens.
Judge Hovey read the clause Of the Gin
cinnati platform, declaring the right Of til,
people of every territory to frame aud adoP'
their own constitutions he then repeate,
the pledges of Mr.. Buchanan in his inaugu
raj the reiteration of the same in his in
structions to Gov Walker--the repetition
Of il in Walkers and Stanton's speeches 4
the people of Kansas all of which receive,
the appreciation of the President and last
ly, the assurances given by the members o
the convention themselves, that the pcopl
should have full and fair opportunity 3
vote upon the constitution and how wer
those pledges fulfilled? The constitution
itself was never submitted. The proposition
was to vote for the constitution with slavery
or vote for IL without slaves; IN either cas-
every vote must be FOR il, with all it
denominations. No vote was allowed to b
cast against it, In either form the vote G
every one must be to adopt the odious an
repugnant thing. The submission of th
slavery clause was but sham and Pre-
tence. The consultation made slavery as
existed in the territory perpetual, and d.
clared there was no power in the State t
disturb il. The clause that was submitted
only related to the future introduction Z
slaves from other States. By the terms Q