The Kanzas news., 1858-01-16

could have aroused the sympathies and the
patriotism of this broad Republic, and have
carried the Presidential election last year in
the face of a tremendous opposition, on the
principle of extending the right of self-gov-
ernment to the negro question, fut denying
| it as to all the relations affecting white men!
No, sir. We aroused the patriotism of the
country and carried the election In defence
of that great principle, which allowed al
white men to form and regulate their do
mestic institutions to suit themselves-in-
stitutions applicable to white men as well as
to black men-institutions applicable to free
men as well as to slaves-institution con-
cerning all the relations of life, and not the
mere paltry exception of the slavery ques-
| ton.
Then, if the President be right in saying
that, by the Nebraska bill, the slavery ques-
ton must be submitted to the people, 1t fol-
lows inevitably that every other clause OF
the constitution must also be submitted to
the people The Nebraska bill said that the peo-
pie should be left perfectly free to form and re-
gulate their domestic institutions in their own
way-not the slavery question, not the Maine
liquor-law question, not the banking question,
not the school question, not the railroad ques-
tion but ''their domestic Institutions, mean
ing each and all the questions which are local,
not national-State, not Federal. l arrive
at the conclusion that the principles enun-
ciated 50 boldly, and enforced with so much
ability by the President of the United States,
require US, out of respect to him and the
platform on which he was elected, to send
this whole question back to the people of
Kanzas, and enable them to say whether or
not the constitution which has been framed,
each and every clause of it, meets their ap-
probation.
But, Mr.. President. it is intimated in the
message that, although it was an unfortunate
circumstance, and much to be regretted, that
the Lecompton convention did not submit
The constitution to the people, yet perhaps
it NAV be treated as regular, because the
convention was called by Territorial Leg
islature which had been repeatedly recog-
nized by the Congress of the United States
as legal body. 1 beg Senators not to fall
into an error as to the Presidents meaning
on this point. He does not say, he does not
mean, that this convention had ever been
recognized by the Congress of the United
States as legal or valid. On the contrary,
he knows, as we here know, that during
the last Congress l reported a bill from
the Committee on Territories to authorize the
people of Kanzas to assemble and form a
constitution for themselves. Subsequently,
the Senator from Georgia Mr.. Toombs
brought forward a substitute for my bill,
which, after having been modified by him
and myself in consultation, was passed By
the Senate. 1t is known in the country as
s'the Toombs bill'' 1t authorized the peo-
pie of Kanzas Territory to assemble in con-
vention and form constitution preparatory
to their admission into the Union as a State.
That bill, it is well known, was defeated in
the House of Representatives. 1t matters
not, for the purpose of this argument, what
was the reason of its defeat. Whether the
reason was political one; whether it had
reference to the then existing contest for the
Presidency; whether it was to keep open
the slavery question whether it was con-
viction that the bill would not be fairly car
ried out whether it was because there were
not people enough in Kanzas to Justify the
formation of a State-no matter what the
reason was, the House of Representatives
refused to pass that bill, and thus denied to
the people of Kanzas the right to form a
constitution and State government at this
United States having sanctioned or legalized
the convention which assembled at Lecomp-
ton, it expressly withheld its assent. The
assent has not been given, either in express
terms or by implication and. being with
held, this Kanzas constitution has just such
validity and just such authority as the Ter
ritorial Legislature of Kanzas could impart
to it, without the assent and in opposition tc
the known will of Congress.
| Now, sir, in order to ascertain what we un-
derstood on the 12th of March, 1856-littlt
more than year and half ago-to be the
true doctrine on this point, let me call your
attention to the opinion of Mr.. Butler in the
Arkansas case. The Governor of the Ter
ritory of Arkansas sent printed address tc
President jackson, in which he stated tha
he had been urged to call together the Leg
islature of the Territory of Arkansas, fol
the purpose of allowing them to call con
yentiOn to form constitution, preparatory
| to their admission into the Union as State
| The Governor stated that, in his opinion
the Legislature had no power to call such
convention without the assent of Congress:
first had and obtained ; but he asked in
structions on that point. The President re
ferred the case to the Secretary of State, ant
he asked for the advice of the Attorney Gen
eral, whose opinion was given, and adopted
as the plan of action, and communicated t,
the Governor of Arkansas for his instruc
ton. will read some extracts from tha
opinion
Consequently, it is not in the power of tn
General Assembly OF Arkansas to pass any Law
for the purpose of electiRy members to form a con
stitution and State government, or to do any othe
act, directly or indirectly 70 create such new gov
ernment- Every such law, though it wer
approved by the government of the Territory
would be null and void If passed by them, not
''If am right in the foregoing opinion, it vii
then follow that the course of the Governor in de
clining to call together the Territorial Legisatur
for the purpose in question, was such as his lega
! duties required and that the views he has ex