Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-04-07

in regard to Kansas; and since the original object
Of the Kansas and Nebraska bill was to remove this
entire subject Of domestic government from the halls
Of congressional legislation 10 the people OF the Ter
ritories submit If this is not rather late day to
assume position Of hostility to the admission Of
Kansas upon a mere technieslity, and when that |
teohniealiJy is wholly unsupported by the practice
of the Government for the practice OF the Govern
ment has been as uniform in vibrating back and to
from the "enabling act policy TO its opposite as
the seasons Of summer and winter have followed
each other, or that day follows night.
now propose to note the other objection namely,
that this constitution not referred to the people
for their ratification rejection This is the main
ground of opposition.
] beg leave just here to remark that was op-
posed in my canvass for the seat occupy upon this
floor, by gentleman who voted in the Thirty Third
Congress, against the Kansas and Nebraska BILL
Of course arraigned him upon that vote, upon the
ground that il was conceive, in direct conflict
with the rights, interests and the equality Of the
southern with the northern or free States. In the
progress Of the discussion between US upon the sla
very question reference was made to the anticiPa-
ted action Of the LeeOmptOn convention, when as
sumed the ground that was in favor OF having, II
the people desired it. direct vote upon this Ueza!'d
gHsstio-slavery; provided it could be done in &C
cordauce with the doctrine Of nOn-intervention as
contained in the Kansas and Nebraska bill
This was Ia advance Of the assembling Of the con-
/ vention an we'll satisfied that to vote to refer
the Lec0mptOn constitution back TO the people and
demand their Endorsement OF It rs necessary TO al
mission would be palpable violation Of the doc
trine Of nou-interVention and Of the rights Of the
people Of Kansas. ItWould be virtually arepeal Of
the Kansas Nebraska act and set its great American
principle practically at naught Bat had It been
consonaEt with that principle, I sheald unhesiia-
tingly have stoodup here in my place, as Repre-
| sentative, and voted to refer the Lecompten oOnst-
/ tuition to a popular vote of Kansas. l am for car
/ fha uuil1 If Kansas
lawfully expressed. The Lecompton constitution is
their lawful will When the delegates were elected,
| the people knew that the convention could submit
the constitution not, for Governor Stanton so IN
formed them during the canvass. Governor WALKER
appIised them of the thing, and was guilty OF
the interference Of giving executive advice to the
people of Kansas; thus endeavorng to prevent them
from regulating their own affairs in their own
way"
The convention had full power to submit this con-
| stitution or not as they chose. If Congress had
the power and were legtimately to exercise it, to
reject this cOnstitiOn and demand vote upon II Dy
the people, it would be mere child's play; ay, 1t
would be worse. It would be yielding to the ia
natical and awless spirit which has characterized
everything that has been done by the free State par
ty of that Territory, composed as IS, OF
hordes of hired emissaries, carrying murder, rapne
and confagraton in their train 1t seems that their
only effort has been to experiment how far justice
and law may be disregarded and tramPled under
foot with impUnity
The only question in all this Kansas controversy
between the Abolitionists and the friends OF the
Kansas and Nebraska bill, North and South, is the
right of the people of the Territory to tolerate
slavery in their organic law not, as they might
prefer That was the question that We referred TO,
and it was the only one that we had any ground to
suppose would be contested chat was likely to be en-
braced in the constitution. 1t has been submitted,
without any mandate from Congress, by order Of
I a. 81. III fha 01af nn.
cember last giving them fair and legal opPortu'
nifty to decide for themselves this great right al
their own appointed time and in their Own way.
rejoice at the decision of the convention, and
commend the wisdom of its course while have, on
the other hand had it acted differently, right to
complain it is the exclusive privilege Of that body
to exercise supreme jurisdiction over the whole mat
ter.
Kansas is following the example that has been sci
her by majority Of the States of this Unien-theil
conventions having declined or failed to submit helI
constitutions to the vote Of the people.
If the object is to to the people OF Kansas
the control of their own affairs, l submit if that
object cannot be effected by clothing Kansas with
the authority of State than by continuing its ter
rioral form, subject whether properly or improper
", to the supervisory control Of Congress?
But it is argued that the free Ststemen did moi
vote at that election That is not the fault Of the
convention but their own fault, and IS but another
stone to heighten the pyramid Of folly that marks
the history of that party IN that Territory. Ihel
failure to vote is only their own fault but, Wha
is worse still is Crime for the failure was intended
to operate as a check upon the action Of Congress
ia the admission of Kansas into the Union, with the
sole view furnishing capital the freedom shrek
ers in another presidential election. TWAS crime
against the peace Of this Union. 1t was crime
against the spirit and genius Of Ourfree institution;
Against the most sacred bonn bequathed US by our
fathers the elective franchise. 1t is not only tht
] k,s t1,y T1rf, Of ArUn
to vote; for he is part Of sovereignty; for sup
2 pose every man were to fail TO vote at our cleo
| lions, then the Government would be at an end Ii
. was a crime against their own cause-agaInst pos
teritv whose interests are intrused 10 their hands
| 1t was a crime against those who did vote; fol
the validity Of their action although in obedience
O. to law, has, in consequence, been since denied.
It will not do to say the constitution was not ra
fed If l fail to vote l only transfer my political
power in the Government to my neighbor who does
vote. l clip from the Washington Union OF the 18th
of January an extract, which think presents thl!
phase of the case in very strong light. The edit
or says:
The two elections in Kansas the 2st December last
and the 4h inst show cOnclusvey tFat large majority
of people Of the Territory have either approved Int
ecompon cOusu ion directly or indicated their acqul
esuce in for the purpose Of securing the admission
Kansas into The Union State AT the FIRST elect OF
votes we're cast in its favor being The apparent Dem
ucratc party strength At the second held under tn'
coas tuition about votes cast by the Tree Stat
party for heir State ticket 1t appears, therefore that
total Of voters have distinctly committed themselves
TO the constitution"
But. sir, 1 take higher ground still assert, sir
that the leaders of the free State party Of Kansas
b. with Lane at their head, and all who follow hi
counsel, are laWless rebels; and that to recognize
their opposition to this constitution as exhibited II
their failure TO vote, well in their illegal voting
under the direction of StantOns Legislature would
be to disregard the people who stand by the law
and constitution, and to set up mObocracy and re
% bellion.
Then. sir. the only quest in the LeoOmptOn con
stitution which distractiHg the political pRrtle
of This couptry and which was discussed seriously
before the people of Kansas, in the election Of dele
rates to the convention the history Of that can
I Vass shows, was submitted without being cloggeC
with any other proposition. The question was thu
= " constitution with slavery" or the constitution
without slavery'-that is, that no part of the con
stitution was submitted except the slavery clause
This is obvious from the reading Of the seventh sec
tion of the schedule. 1t commences thus: " Thi
constitution shall be submitted to the Congress
the United States at its next ensuing session. This
is an independent and imperative proposition, de
e bending upon no conditions or contingencies II i
had been ordered to be submitted, and had been
voted down by the people, how could 1t have beef
submitted to Congress? This is great error int
which some have fallen, and upon 1t assumed thai
this constitution is not republican in form Had tn
whole constitution been submitted TO the people
then there might have Deen various OueI quesbIOh
p which would have interfered with this particular
one. The object of the convention was to frame
republican form OF government, and TO settle thl
one particular pcrpleXing questiOnln amanner WhcI
would admit of no doubt to the views OF the PEG
pie; acknowledging the power, and leaving 1t Will
the people to altar, modify, annul, or reconstruc
hereafter their organic law in the manner and Torn
q prescribed aud pointed out in their constitution
r Had the whole constitution been submitted mlgh
not the free State men-whOse object has ever beef
to agitats-have complained that the all absorbing
subject of interest TO them had been made to depend
upou other, and not kindred subjects; that tn
clause toeratng slavery had been associated with th
questions Of currency lands internal improvements
schools banks, &cI
! I think that the Republicans who have made sucl
noise in the country about slavery in Kansas, at
fer the election Of the 2lst Of December, and espe
cialy since the freeState party have acquiesced il
/, the Lecompton constitution, and acknowledged 1T
legality by participating in the election of officers OF
! The 4t6 of January, with the view of organizing
! their State government should feel rebuked, anC
their complainiugs should now cease. The Repub
lcan parry in Congress are estoPped IN their cru
tba constitution bV thu