New-York daily tribune., 1858-09-07


Minnesota was admitted into the Union at the last
sesiOn Of Congress. ,
On the 18th Jnac 1856. bill was pending in the
United States Senate 70 authorize the people o Nam
-as 10 form Constitution and come INTO the Union.
On that day Mr.. Toombs offered an amendment,
which he intended to propose 70 The bil which was
ordered 10 be printed and with the original Dill and
other amendments recOmmitted to the Committee on
Territories. Of which Judge Douglas chairman.
This amendment Of Mr.. Toomts, printed 10y order of
the Senate, and copy OF which have here present,
provided for the appointment OF Cornlnraioters VIII"
were 70 take a Of Kansas, divide the Territory
into election districts and superntend the election o
delegates to form Constitution and contains clause
in the 18th section which viii read to y0 requiring
the Constitution which should be formed 10 be sub
rnit,ed to the people for adoption 1t reads as fol
Tbs. the following proposition BE- and the same ar heTes,
offered the .ad Convention q The people Of Kansas VIXEN
formed their free acceptance REJECTION which If accepted
by the Convention. ANo RATIFIED 81 IHf PEOPLE ~ rHt
rLEcToS ADOPTION or TIE Co>sTiruTios, shs BE-
obligatory the United ssies, and upon the sd sise Of
Kansas &c.
Il has been contended by some of the newspaper
press that this section did require the Constitu-
lion which should be formed TO be submitted TO the
people for approval, and that Il was only The land
propositions which 20 be submitted. You will
observe the language l., that the propositions are TO
be ratified by the people, AT the election for the
adoption of the Constitution" Would il have been
possible Ia ratify the land propositions "AT THE
''ELECTIoN FOR TIE ADOPTION or The CcSsTITU-
"TIOS." unless such an election was TO be held
When thing is required by contract or law to
he done the doing Of which is made dependent upon
and cannot be performed without the doing of some
other thing is not that other thing lust much
quired by the contract or law the first II matters
not in what part Of the act, in what phraseology
the intention of the Legislature is expressed you
clearly ascertain what 1t Is; and whenever that IN
tcntion il ascerained from examination Of the Ian
guage used such intention part OF and requirement
Of the law. Can any candid iar-Ininded man, read
the section have quoted and say that the intention
TO have the Constitution which should be formed sub
4 mf ed 10 the ucoule their adoption clearly
expressed In my Judgment, there can be contro-
versy among honest men upon proposition plain az
| this. Mr. Douglas has pretended 10 deny,
| far as ] am aware that the Toombs amendment
originally introduced. did require submission OF the
Constitution to the people This amendment of Mr..
Toonbs was referred to the Committee of which Judge
| Douglas was Chairman, and reported ty him on tine
| Both of June, with the words, {" ASD RATIFIED by
"THE PEOPLE At THE ELEcTI0S foR THE ADoPIIos
| "oF THE COSsrirUTIoS," stricken out. ] have here
copy Of the bill reported back by Mr. Douglas 70
| substanlate the statement make. Various other
alterations also made in the bill, 10 which shall
presently have occasion To cul attention. There was
no other clause in the original Toombs bill requiring
submission OF the Constitution % the people than the
| one ! have read, and there Is clause whatever,
after that was struck ont in the bill r. reported back
by Judge Douglas, requiring submission. viii now
introduce Il witness whose testimony he i'm
pcachcd, he acknowledging himself to have been
Of the conspraors and pryy to the fact about which
! he testiiies. Senator Bgler aluding to the Ioombs
BIZ, il called, and which, after sundry amend
! hitting the constitution which should he formed TO Il
vote of the people, made the following statement in
his place in the Senate, December 9Th, 1851 read
from Part Congressional Globe Of last session, p Il
present when that subject discussed by Senators
before The b was and the question wa, raised ana
submitted Of the people II was held BY those mot
intelligent subject that In view Of all the difficulties
%e popular Vote woSd 5 better thai there oad be
ssSs n % % the in had as s Ss
would make Constitution and send il here without submitting
in speaking of this meeting again OF the 2lst De-
! cember. 1857 Congressional Giobe samc vol. page
| li3l, Senator Bger said:
Nothing was further my than allude
social confidential interview. The meeting OF that
character Indeed semocial and called 70 yromote
the public good My recollection was clear that e the Con
under the impression that had been deemed best
adopt admit Kansas state through the
Of popular election, and that for delegates 20 the Conver
ton This impression The stronger beaue thought the
,on 70 which had great aversion but with the hope Of
great good and as no fnen had betn made
concluded urpor the have few items Of ,esi
submission shall be content | have before th' bill
ported By the Senator from Illinois On ihe m Of M.,h ls
lion Of which read. as follows:
That thc follow propoion. be- and the are hereby
formed for their free acceptance rejection which accept
for The adoption Of he Communion ,s be- obligatory lpo
the United States and Of Ka,s. The bill rad
rened the Committee Territories contained the
section word for word Both ihese bills ander consdera
the Conference referred hut Sir when the
from Illinois reported tie Tcob, iii to the senate with
o the third section which indicated t. the Convention thai the
Constitution should be approved by the people The words
AND KarIrIrp By rHE pEoPLE the ELECTION THE
ADOPTION % rhE CONSTITUTION had been stricken ont
am not now seeking TO prove that Judge Douglas
was III the plot 10 toicc q constitution upon Kansas
without allowing the people 10 vote directly upon il.
shall attend to that branch oi the subject by and bye.
Ny object now s 10 prove the existence of the plot
| what the design was. and ask # have already
| done sol Here the facts the Introduction of
1 VI las on nf
Viding that the calling Of convention in Kansas
form State Constitution should be submitted TO the
people for adoption; an amendment 10 this bill, pro-
posed by Mr.. Toombs containing the same require.
men, reference Of these various bills 10 the Commit
tee on Territories consultation Of Senators 10 de-
| termine whether II was advisable TO have the
Constitution submitted for ratification the deteImina-
ton that II was not Gdrisnbic; and report of the bill
back the next morning, with the clause providing for
the submission stricken ont. Could evidence be more
complete to establish the first part Of the charge
have made Of plot having been entered into by
somebody, 10 have constitution adopted whou, sub
mit,ing II 10 the people Now for the other mar, of
| the charge, that Judge Douglas was in this plot
whether knowingly or ignorantly is not material 10
my purpose. The charge is. that he was an instru
ment cooperating in the project to have constitution
formed and put into operation, without aforiing the
people an opportunity 10 pass upon IT, The first evil
dence 10 sustain the charge the fact that he rano,,
| back the Toombs amendment with the CLAUSE pro
Viding for the submission stricken out. This in CON
nection with his speech in the senate ON the OH Of
December. lso' Congressional Globe, part /, page
! Isl, wherein he stated > re
That during the last CousTes, M Dosssl r,nor,os
bill from the Commi,,-e'on Territor = an,hr, ~ 80
Of Kansas 10 assemble form Constitution for th.ssl
subsequently The senator from Georgia Mr Tooubs brought
forward substitute for my bill which H.ySG rrry
NopFIfD ~ hs sNO NNsFir CO>sULrsvgo> va. rss.,5
| by the senate" - f@-N
This ofitsef ought to be sufficient 10 show ts, NV
colleague was an instrument to the plot TO have Con-
suten put in force without submitting Il In ,he nen
pie and 10 forever close his mouth nom afemY:n, Ia
deny il. No man reconcile his acts and former