The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-03-05
XXXVth COngress..First Session.
WAsHIxsroS. March. IN

u
action of members; the question pending,
being, shall q resolution be entertained as a
qoestion OF privileged Hoard PROPOSED an
amendment, charging on his own authority
aud common fame. the President with en-
deavoring to control the action Of the House
on the Lccompton Constitution by Executive
patronage.
Humphrey Marshall suggested postpone
rnent for a month.
Burnett objected to postponement. and
said i, was duo to Burns, the member impli-
~lted. that he should have hearing now
The chdrge WAS has less and contemplate,
and in.ended to in,ure the DEMOCRATIC party.
Is well :,s Burns.
Hoard said he had twice disclaimed a per
sonal hostility. Burns sent upa written
statement. charging tina, Hoard intended to
make false and slanderous record against
him, and that ne should hereafter treat
Hoard and his slang with the eoHtemp. they
merit in the Estimation of all honorable men.
lie further denied collision with the Presi-
dent or Cabinet. As To his vote nothing OF
the kind had occurred, directly indirectly.
Stewar: reported adversely on tie bill
amending the act of March Sd. 1853, grant
ing bounty lands tocertain SETTER.
WAsHISGIoS. March 4trr
SENATE Tho Kansas fBill was taken up
CT o'clock.
Ham n nj con'cnicl That tn, Lo,ompon
Con-t, tuition cmbolicd the will Of tho people
Of Kansas. for the Convention was an assem-
blaae of the jeople in their highest capacity.
IlogsF. Howl again diSSli Ell parry
spirit. or an intention Of woundine any man !;
when he introduced the proposition he did
not suppose there would bc am opposition.
lie contended that it was a legitimate sub
ject Of inquiry. and that common fame was
sufficient ground for the investigation. Il il
rumored that the Executive is now endeav-
oring to control the action of the House. Ii
was this common rumor that led To the in
ve>tigation in Walcott's case. The inquiry
was made not in the pursuit Of u victim. but
Of an offender. Hoard said he was informed
that Morris had twice endeavorcd tn get the
floor TO make some affirmation of the truth
of the statement which Burns denied relative
10 bis vote. en- the re erence Of the Lecomp-
ton Message to the Committee on Territories.
Smith OF Illinois. and Morris of Illinois.
both informed him that Burns was previous
ly relic OH as anti Lecompton. He repeat
ell a conversation with Morris corroborating
Eis statement.
Nichols said when common fame was pre-
sentctl a. reason for inquiry. il was beneath
the dignity o. the House To entertain the
subject. The allegation against his col
league was false. fIe never expected as was
charged the appointment Of the marshaIshp
of Ohio. The members all know, withour
Investigations. that when the power OF pat
ronagc was brought IN bear in favor of the
passage of administration measures this had
been the practice of all the administers
tions.
Giddings asked Nichols to make an cxcep
ton in favor OF John Q. Adams. who once
declared on this floor. that while President
he never but OH ono occasion, asked an ap-
Pontment; that was deputy postmaster. in
whose favor he wrote rotc TO Mr.. Mclean,
who declared the applicant unfit, and there
matters ended.
Nichols replied. that there were honorable
exceptions. As to Burns vote, no members
had stated on thoir own responsibility any
reasons or motives for the change. He moved
to lay the subject on the table, including the
resolutions, which Hoard had accepted as g
substitute. This substitute provided for thC
appointment of committee to inquire
whether there had been any collision between
Burns and the President Whether improper
attempts had been made directly or indirect
~ to influence the action Of any member OIL
the House on any measure on which the
House had acted, or has now under consider
alton with power to send for persons or pa
pers.
The subject was tabled--92 against so.
SESATE.-Hammond said. he understood
the Lecompton Constitution only on on,
point-namely because, he was no; satisfied
that il embodied the viii of the people
Douglas replied, that was not exactly lii
position. lie thought that there were o,be,
irregularities, bui he xould wave these. if ht
could be assured that the Constitution en-
bodied the will of the people.
Hammond had understood Douglas main
tanned that all otherirregularities could be cur
Al kx,ft a,1 hat lar
of difference between them. But the quest
is, how can the will of the people Of Kansi,
b. aseertainedl He thought Douglas in erro
in saying that the Lecompton Constitution
was the creature of the Territorial Legisla
tire. and he thought that from that error ha,
probably arisen all his subsequent error
upon tia. subject. How was 1t possible tha
the Convention conli he the creature OF til
Territorial LEGISLATURE. The Convention
wa all assemblagc Of the people IN thei
highest sovereign capacity about TO perform
the highest possible act of sovereignty. Tn
Territorial Legislature was q mere provis
ional government-a petty corporation ap
pointed AMI paid by Congress = withnu. +,
particle of sovereign power. and therefor
could notinterfere with sovereignty, although
that sovereignty was still inchoatc. G. n
gross could not interfere with the Convent
could not confer upon the Legislature th
power To interfere with it-nor the mower {
act outside OF the limitations Of the Consti
stution-no right 10 carry into effect the su
premc will Of the people il il has not bel
expressed in that constitution: therefore Con
gress IL not sovereign; neither does it ho',
the sovereignty of Kansas. That sovereignt'
resides IN thirty-one sovereign States
He then proceeded to argue that the lie
compton Constitution was n legal irstrumen,
even ifit embodied but the will Of a minorit
Of the people Of Kansas. CONSTITUTIONS az
often made by minori,ies; the Constitution q
this Union was made BY a minority. AMI :,
1870 u minority had in their han l. tho now.
~ alter or abolish il; for at that tine six ON
of twenty->ix States held numer ical major
itv. lie alluded TO The charges of frauds i
Kansas. lie presumed there had been fraud
on both sides. aud thought the least sal
about the matter the better But the ;rr
object of the opponents of thu Lecompto
Constitution was the agitation OF slavery
They wan'ed to introduce an element OF di'
cord into the Democratic party. IL j. sing,
lar that, while claiming majority in Kansi
they should be beaten at every election.
Discussing the question Of slavery
spoke of property South. and sal the cor
dition of the slave was better than that
the white laborcr North. He hal seen moi
beggars in a single day in Yew York than
had during lifetime in the South.
closed b. saying. if the South was obliged
surrender the government after sixty year
they would surrender il wi III n cnuntl
abundant in prosperity--inealculabl
strength. and the wonder and admiration