Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-05-12

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. grant to her certain land bouuties, amoi
: others, seventeen millions for the ecmpletioE
railroads We enter iHtO this discussion z
0 and against the Lecompton constitution. II
0 friends Of that constitution, those who suppor
2 ed the measure, the friends Of the Administri
\ ton, held that the Leeompton constitution w;
the legally and fairly expressed will Of the pc,
pie OF Kansas. Therefore We accepted il y
accepted 1t in the measure which we sent
The other House; we accept it ia this measuF
We do not pat that in controversy We stan
upon the ground that it was legally adopted
that Il was the legal exPression.of the popula
VIII OF Kansas and we in no wise disturb thai
We SIMPLY say to Kansas, whs is treating wit
us here as an equal, as a sovereign, we sccer
your constitution as fully and freely as "
have that Of any other Of your SIS ers who hay
come into this Union. We decline to intsrpre
it. We deny all these allegations Of its fraud
or its force, or its violence We put them unde
our feet, and We say accept It as your act an
deed. We say il is the emsnation OF your peo
pie; that it is the fair exercise Of the popula
sovereignty Of the people Of Kansas. You di
not choose to submit 1t TO the peoBle. You
| convention adopted il, promulgated it-sxeep
as to the one clause which you did submit, ans
that was accepted BY the people. Hence VI
receive it as the act Of the people. We haE,
laid out of the account wholly the ten thou
] 1aA-s VI k0EAAI lLNA1nIAn NL MY kl0HHanu-
/ If there were 50 many-whO did not vote. We
care not whether any Of the people declined e
act when the question was legally sumbitted tc
them; whether they voted or not. We hold
they were bound by the action Of the legal
voters who did perform their duty as citizans
For these reasons, the Senate Of the United
States accepted that constitution. We sent
our bill accepting it to the other House. They
pat IN proposition to admit it, the House Of
Representatives assuming, and the other side
declaring, that it was possibly fraudulent; that
there were allegations OF fraud against it that
it was not the popular will. They sent the bill
back to Us, declaring that the constitution
should be submitted to the people We reject
ed that proposition. The two Houses agreed
TO a conference on their dissgreeing votes.
This committee Of conference then declared
that they would accept the I.ecompton consti-
tuition as fully as the Senate accepted il in their
bill but the very offer Of this Leccmpton con-
stitution to the United States BY Kansas, was
coupled with further condition demanding
the ordinary grants Of lands given 70 the new
States, and seventeen millions besides. What
have this committee done They have said
We accept the Lecompton constitution; We pass
no judgment upon that we lesVe that where the
seBate's bill left IL, as your act aud deed. AM
properly refsciigg the legsllJ-eXpressed will Of
the people OF Kansas but We will not give yO1
The seventeen millions Of land for railroads;
We viii give yOu what We have given your
other sisters. What, then, are the legal con
and effect Of this declaration? Pre-
cisely thoss Of the Senate's bill, because the
Senats's bill accepted only part OF the propo.
sItion, and rejected the rest. Il does hot vary
be land granted BY that bill one acre-het one
linsteenth part of q hair. We said, we will
lot give you the land you ask. Your PROPOSE
ion is, Receive me into lbe Union with this
with the ordinary lands granted to
he States, and with seventeen millions be-
ddes The Senate said, we will not give you
kese seventeen millions.
When this question was under debate some
month or two ago, the honorable Senator from
Illinois Mr.. Douglas stated that we ad no.
right 70 vary the propositions At all, that the
'rdinances as 10 land must go with the consti-
ution. | differed with him ia that statement
10 my Jl lgment the constitution was the busi-
less OF the people Of Kansas The land and I
be boundary were our business as well a.
heirs-mstteTs of contract between equals 4
md therefore, if we varied, the boundsTy, or ]
'srled the proposition IN any shape, the con-
rsct would not be complete until the other side |
lcted
Mr.. DOUGLAS o. the statement now made /
y the Senator from Georgia, we understand /
be matter exactly alike. | agrese you could I
lot vary the proposition unless y0u sent It back
o them to rstify the change.
Mr. TOoMBs. I am happy to know that We
lgree IN that respect That is ny own posi-
ion. hold thai; +; but did not understand the I
senator before as,going 10 the extent that they /
lad 10 accept it before the contract became I
binding. That was my position then, it is mine 1
o-dsy. We accept part Of The proposition Of /
Kansas; we accept her constitution, and we ac-
.ept the call for the ordinary grant OF land We /
eject the extraordinary land grant Of seventeen 1
million acres. Well, If the Ssnate's bill had /
'assed, +" Lecompton, /" az tits sometimes called.
Without one word Of dissent, except striking I
ut the seventeen million acres, she would not
AVE beC0 in the Union without the acQIies-
ence Of her people in that charge. II she hsd I
Tganized her state Government under lhe .
constitution, after our act Of admission in that I
orm, It would, according to the general prsc-
ice hitherto, be an scquieseenea but her pro-
.ositlon being changed, she could not come into
ne Union without an agreement TO or an acqui-
scence on her part in the change.
That would have been the result Of the Sen
ties bali. Kansas eoulj have rejected It. She
lade an offer. We rejected her offer in past.
We made her proposition. She could have
elected that; and where would the parties
ave been then She would have been where
ne was-in territorial condition There is
where the Senste's bill would have placed her.
the convention had placed the power in the
legislature TO regulate this matter Of the laad
rant, as Arkansas did, the committee woald
ave put il there as being the most convenient
tribunal or If the convention had reserved to
self the power it might have been pat there
ut as The constitution OF Kansas has made no
revision for nybOdY else adjusting these
ights Of sovereignty, (for the grants are given
D consideration Of yielding the sovereign power
Z tsxation,) as the people have not delegated
70 anybody in their constitution, the com.
littee very wisely sent it to the source Of all
OWer-tbe people themselves. The conse-
uences are ideHticslly the same as though we
ad passed the Leeompton bill with or without
be amendment Of the gentleman who intro
uced It, usually called the Green amendment
is not in the slightest degree varied, nor is
here any dispute about it, nor are there any
20 constructions about it.
I will aIlude now 70 the only point which gen
emen attempt 70 torture into double-dsaling
J this bill. My honorable friend from Illinois
opposes It will be represented ore way AZ the
0uth and another at the North ! know Of
o way in the world to prevent partissus-the
iciOus aud The vile demagogas and deceiver Of
he people-from doing that in respect to any
iessure. Ny honorable friend knows that the
III Of his, which | supported with 80 much
leasuTe in 1854, met with the same fate, though
lsre was a perfect agreement among every I
ne Of its friends here.
Mr. DoUGLAs. The distinction between the
ases Is obvious The bill provided that where
lere was difference Of opinion il should
e decided as Judicial question. Here there I
no arbiter made in this bill in regard TO Kan
az.
Mr.. TOoMBs- do not understand The Ssna-
lr.
Mr.. DoyeLAs. An questions relating to
ersonal liberty and slave property were re-
,rraN fn the - -.
tstes by the bill Of 1854, to which the Sens-
,r slludes.
Mr.. TooMBs. That was not the clause. The
rest clause was what was called the stump
,eech that was injected into its bowels. j
as coutendsd BY lis enemies that it had dif-
rent meaning at the North and al the South
had not. 1t was universally accepted by its
lends with the same meaning everyEhere, as
II as am informed and | never knew two
put upon il BY them. Again and
yain, however, il was reiterated here, aud the
lemies Of the measure did 60 cOnstrue it. OF
,urse. the enemies Of q measure will always
that, especially if it involves a sectional Is
le 0ftsntimes arguments viii be used %
axe measure, which is even Jast settle
ent, psistsble to one section or the other,
hich are construed 10 present II IN different
rms. Everybody understands, however, that
e, having varied this proposition by striking
At the seventeen million acres OF land, simply
y to the people Of Kansas will yen come
te the Union with your Constitution as It is Z
fe do not alter that; we accept that part OF
our proposition, and we give you the ordinary
rant OF land, but we will not give you the ex-
a seventeen million acres that you claim. II Ii
ley VIII not agree to this, what is the conse-
aeneer The bargain is at sn end, Of course
ie constitution fails, the ordinary grant fails.
Dd sne Is IN territorial cordition.
Gentiemen seek to torture that into A submis- .
on OF the constitution. Cndoublfdlv the ef- I
ct OF rejection BY the people Of Kansas Of I
lf proposed alteration Of heir proposition. ,
hhuis tne whols contract; and is aot that the I
ase ID similar transactions every day between