Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-03-27
NO.

but it has been imposed upon us by devices and
fraud. 1t is void for fraud II il Is not void for
fraud, for that is rather a legal than political
term, we present these frauds and this opposition
as reason why you should not admit our Ter
rltory into the Union under this constitution"
That is the state Of the question before YOU
The eompainants admit all the Irregularities Just as
the President states them. Perhaps they admit
the effect these forms would ordinarily have, but
they urge other facts in opposition to the apparent
evidence of the constitution ITSELF as have be.
fore adverted to. A majority Of the people have
protested against it Tho present Legislature, by
its inquiries, have developed the vast frauds which
were practiced in connection with, and in rela-
tion to, this constitution. They say :" do not ac-
cept IL; do not admit US undor it send It back;
let 1t be submitted to fair vote Of the people,"
Sir, upon such complaint as this, are we not
bound, in justice to that people, to examine the
whole case? Can any Senator turn away and
refuse to look at the testimony that is offered ?
Can he be justified In doing by naked legal pre-
sumptions against positive truthf
Do not suppose that would discard all formal.
ties or the fair prcsumptions resulting from them.
In many cases, and to many Of the transactions
Of society, especially TO your courts of Justice,
they are necessary, and they subserve the pur.
poses OF justice. They were not made TO sacri-
fee justice, but to uphold It and maintain It
and protect it as an armor. That is the proper
business Of forms-not to crush down justice,
but to promote IL. We are not now sitting here
governed by any technicalities. This is grand
national political tribunal, to judge according to
our sense ofpolfcy and our sense Of justice. That
is our high pr0vince-nct to be controlled by pre-
sumptions of law when we can have the naked
truth. 1t is the truth that ought to guide; and
for that we ought to look wherever we can find IL;
and where you find the truth on one side, and the
fiction on the other, which is to be followed, the
<rt,tb kho Gatsr,. .l~ok M. knlr h.
truth; let the fiction return to those tribunals
which are by law made subject to it. This is o
question above that sort of argument. 1t is in
qurable into. Else how can we judge that it is
their constitution? 1t is the fist time, believe,
that such question has ever come up in the Sem
ate of the United States. In all former applica-
tions for admission there has been thing about
which there has been no question; and that was,
the willingness to be admitted and the constitu-
tion under which they desired 10 be admitted.
There has been no question about the authenticity
Of constitution, or about its expressing the true
will of the people heretofore, that know Of am
satisfied there has been none ; but now that there
is, we must inquire into the authenticity of the
instrument offered to US; we must inquire whether
il is better, on full consideration, to admit this
instrument and the State with it or not; and, in
the exercise of that Judgment, we are bound to
look abroad for the truth wherever we can find it.
think therefore, these matters all fairly SUBJ
ject to our consideration.
Mr. President, convinced as am from these
imperfect views Of the evidence in the case, that
this instrument is not really the constitution of the
people of Kansas or desired by them to be accepted
by you in their admission into the Union; believ-
ing that it is not their constitution; and believing
moreover, as verify do, that il is made in fraad
and for fraud; believing that these matters are
inqurable into by us, and that the inquiry has led
US to abundant light on this subject, cannot, /
will not vote for it. Viewing 1t as do, with the
opinions entertain could not consent to her ad-
mission without violating my sense Of right and JUS
tce; and would submit TO any consequence before
would do that.
Now, sir, what considerations are there, apart
from these which have stated, which could lead
me to give, or could compensate me for giving, a
vote against my seEse of what was right ard justf
What advantage to our whole country, or to any
portion Of il, is to result from taking Kansas into
the Union now with this constitution? Is anything
to be gained? Is the South or the North to gain
anything by itf see nothing TO be gained by it.
/ think there Is not gentleman here who believes
that Kansas viii be slave State. Before this ter.
ritorial government was made, many Of the leading
men of the South here argued that Kansas and
Nebraska never could be slave States. BY the law
Of climate and geography, it was said they could
not So said my friend from Georgia, Mr.. ToonBs,l
and so said Mr.. STEPHENS.
Mr.. T00MBS Never.
Mr.. HALE. Mr.. Badger said so.
Mr.. CRIT TENDEN. Mr.. KKrrr and Mr..
Brooks, Of South Carolina, said 30. The opinion
was expressed by numerous southern gentlemen
that Kansas could never be slave State. 1t was
for the principle that they contended and the prin
ciple, the abstract principle was just one !;
namely, the right Of the people Of the Territories
when forming State government, for admission
into the Union, to frame for themselves such ie-
<tov ood atfbor
cluding or admitting slavery.
Mr.. HAMMOND. With the permission Of the
Senator, win ask him, ibid / understand him to
say that Mr.. KEIrr had declared Kansas never
would be a slave Statef'
Mr.. CRITTENDEN. Yes, sir; so Ii is report
ed. Mr.. HUNTER, Of Virginia, said;
Does any man believe you will have slave
holding State in Kansas or Nebraska
Governor BRowS, of Mississippi, said:
"That slavery would never find resting place in
those Territories"
Mr. DoueLAs said:
"I do not believe there il man in Congress who
thinks it could be permanently slaveholding coun-
ty."
Mr.. Badger, of North Carolina, said
al have no more idea Of seeing slave population
in either Of them than have Of seeing il in Massa-
chusetts."
Mr. MmIsoS, of Virginia, said:
"No one expects H. No one dreams that slavery
will be established there"
Mr.. Frederick p. Stanton, Of Tennessee, said:
" The fears Of northern gentlemen are wholly un-
founded Slavery win not be established in Kansas
and Nebraska"
The late Mr.. Brooks, Of South Carolina said, In
his speech Of the 18th Of March, 1854:
eff the natural laws Of climate and OF soil exclude
from territory Of which are the JOINT owners,
we shall not and we win pot complain"
Mr. Butler, Of South Carolina said, on the I'd OF
March, 1854:
"lf two States should ever come into the Union
from them the Territories Il Is very certain that
not more Than one OF them could IN any possible
event be a slaye-hoding State; and have not the
least idea that even one would be-"
Mr.. Keitt, of South Carolina, in his speech Of
the soth March, 1854, quoted Mr.. finckney, ofhis
own State, that
aPractically, he thought slavery would not 20
above the line Of thirysix degrees and thirty minutes
by the laws OF physical geography, and therefore,
that the South lost no territory ft for slavery"
This IL All the authority have.
Mr.. GREEN. wish 70 inquire what book the
Senator reads from. What 10 the title Of III
Mr.. CRITTENDEN. II seems to be a book
written with the most downright Democratic pro-