The Washington union., 1858-03-23
THJRTY--FlFTH CONGRESS.
MONDAY, MARCH ss, 1858.
SENATE.
rxrcrrlyr cossrsrAnoN.
First Session.

The VICE PRESIDENT laid tcioir the senate com
,n,cation from the Secretary OF the Interior uahs'
,; he ,epo,t of John Claiborne, appointed ny he So.
missioner ol Patents special agent 10 .eo' nioia
,;n anon the consumption Of cotton IN Euiote when
was read and ordered to l,o on the uao'e
PETITION rRrslNrlp
,,. u,,onrR,cK rr,s.nted the a,e.aorial of Andrew
,a.eli p,ying compensation ioi sefNoes 1' asSsuh.
Iyol states district attorney Tor the hoieih "suo' :"
California in the year 1856 when "as ieieeo W 'e
. ,Comnittec ON the Judiciary
umsE nlr pisERnsr.
M, Don. ,,r Houec a Representatives 10 provide
49,, o,gpp,s,ion of a regiment Of mounted volunteers
~ 49,, dcn,e Of the fontier Of Texas, and to authorize
~, pl,et 10 call into The service Of the United States
90 l,,,,ra, regiments al yoaunoe,ls WAS read twice
and referred to the Cer.mit're on Military Affairs
spxrss,os KANSAS
y sna resumed the consideration of the bill for the
s,hc,.sion ~ the State OF Kansas into the Union
Mi STUART remarked That he sh"a'd roy discufs
,h .urs,op With any reference TO his own opinions ON
,lo s,;.rt az sisyrty since he hnd been member of
M snat, he had acsrt discussed the slavery question
snd he should pct do so until some measure should be
brought lrsote the body in which that question WAS d
,ectly involved He opposed the admission OF hsnses
,nent was and was intended to be, trick and fraud
upon the people of Knne And how had the advocates Of
this bill attempted 30 justfyif They have talked about
enabling atr popular sovereignty non nntcryeniion nc
Of ideas worse conounded would be the restif those
arguments should be placed in uxtapostion He believed
il had clearly demonstrated that this constitution
was not the will Of the people Of Kansas but to that oh
je ton agast the constitution the President Of the Uni
ted States had urged the plea TINT the majority Of the
.opic III Kansas IN state of rebellion and there
fore their wishes not entitled TO consideration Mr.
g. said thut he should meet this argument with all the
respect ,iue the President and his position, and at the
same time with all the ankness and fcarlessness which
beIo need to as n of a
State.
He was astonshe to hear the President in bis annual
snsssage that there rebellion in Kansas without
Informing Congress what steps he had taken to put that
rebellion down he also astonis,ed at the anti
dote which the President ha l~optnedt to admit this
beliions people into the Union, This was than
th. Of the who married iheblate TO get
lid Of him for he had but limited measure Of life and
might die while the admission q rebellious people
into this Union would be 70 introduce poison into the
body-potitic that would day destroy the whole He
proceeded 10 argue that il not true that the people
of ka7as in state of rebclion He said that the
laws and institutions Of Kansas &ere originally formed
Wy in,asioDs from afuat and hot by her citizens
the and the judiciary of the Territory had
power that subject They must take the laws
and execute them they lind them, matter whether
they faifly faudulcntly made Congress alone
has power to examine the question of frauds in u
Iciltcsy. and Congress shcn,i have exercised that
power There were few abolitionsts in Kan
and few extreme southern men but the great mass
Of the people peaceable and order loving citizens
They guaranteed the opportunity to form their in
sbtnticns in their way their way TO pass law
and vote upon the constitution the lth Of January
Aud yet because they coa, &, reject that constitution,
sre told that e,ast utterly disregard that expres
-ia Of their will irregular and Illegal He went at
lcsY,h 10 argue in favor of allowing the will of the
people Of Kansas, however expressed, to prevail.
Mr.. BAfARD made an elaborate legal argument,
showing the leaesy powers granted to Kansas under the
cgsnn act, and refuting the objections founded the
opinion Of Attorney General Butler in the Arkansas case
which hsh been adtluced in the former speech of Mr.
poucsAs While the people in territorial condition
their right ~ government is delegated right; and
there Is broad distinction between the powers delegated
in ccaet Of Kansas and those delegated in the of
Arkansas. From these premises he proceeded to show
the legality OF the several stages Of proceeding which
resulted Ia the formation Of the Lecompnn constitution
and that IL the only legal way of asccrtanihg
expressing the will Of the people Hence the admission
Of kausas under that constitution violated principle
popular sovereignty aud in addition to that the aop
ton Of that would be conducive to the welfare and
prosperity Of the whole country by removing from the
halls o Congress subject of constant irritation and
timing that agitation within the limits Of Kansas where
it must sul~i,tc.
Mr. b showed in the most conclusive manner that in
election by the people il always be taken
fundamental principle that all those who do not vote
that majority of those who do vote should decide
the grrticnno matter whether the refusal 10 vote
arises from Indifference from assumption that their
voting would not effect their purpose. These the
only grounds upon which the government OF any State
in the Union stands Those who refuse to vote have
therefore right to complain that the will Of the minor
hy prevails; ii the allegation be true the fault is their
own, and they must abide IVY the consequences
The objection had been strenously insisted upon that
the constitution not submitted to the people bnt
Nv said that the only question about which there
difference Of opinion among the people Of Kansas the
question of savory~-was submitted which equivalent
TO Submission of the entire instrument He also
sned thnt the Lecompton constitution did not estol
slavery in Kansas has been alleged, merely tolerated
or authorized it, but the sa;e might at future time
be emancpated upon payment Of their value 1t would
not cost than 900 to set every slave free and
make Kansas free State Gov Walker says that there
ae not three hundred slaves in Kansas and he regard
ed ly all the opponents the bill pretty good author
ty II would be averaging the value Of these slaves
ather high to estimate them worth five hundred dol
lars apiece and The Of $3.50, 900 would be amply
su'eent to put an end and forever. to the existence
cf slavery there
Mr.. condemned the Topeka movement not because
hey formed constitution for TINT they had right to-
o, because they went further and organized govern
ment under IT, and sworc in all the officers This was
rebellion against III. government but they stopped just
snort OF treason If they had cndesvorcd to uphold their
government ly force, il would have been treason but
hey shnnk from that not having the courage although
they had the will to resist the legal authority Of the
government
After replying to several objections which have been
urged sgnnst tn. BILL Mr proceeded TO notice some of
he remarks OF Mi. SEWARD in speech on this sub
le IN which II was plcphes,d that free labor would ul
u"nsc'y extend It's dominion this whole continent
@ the interests OF the white rpce demanded IN, ultimate
emancipation OF all men These declarations were not
made hastily and creicssy but were evidently we'll
sidered anu MT looked forward TO what must IN. tho
result Of that emancipation The white rae, d A.,
black cosld not exist in any country ON c,,,s 20
equality II law OF nature that unless op,aIoa,
ton took place the inferior become yt;n,