The Washington union., 1858-03-07

its % the capital But dON. WISE puts TWO
positions 10 Col Forney which he important in
determining the validity of this constitution He asks
St the constitution the act of the people and second
is il republican, Now, submit to you with great
spect both these questions may be answered In the
Affirmative IL is the action Of the people made by thcir
regular delegates il lis republican in its form Bat am
prepared TO show to you that ii they both answered
ia the negative it would not alter ia single particular
the duty of Congress. And / must ask OF you TO
bear with me moment while read two simple pro
visions of the constitution OF the United States bearing
upon this point say, by the terms of the Nebraska
bill the people of Kansas had granted to them by Con
gress the right 10 form themselves into State
that temporary government provided for them in
the mean time, of territorial form. Their boundaries
fixed, and contract entered into by the Ne
braska bill in terms that having formed themselves into
a State they should be admitted into the Union with
without slavery, their people might determine. And
say that superadded to the Nebraska b which bound
all parties the democratic platform laid down at Cncn
natl was an express agreement to the same eiectthat
they should be admitted with without slavery as
they might determine when they formed themselves into
State say that by the terms Of the treaty of Louis
lana they entitled to the privileges and that
the who ress the application of Kansas to be
admitted into the Union violates the Nebraska law yo
lates the treaty is false to the democratic platform laid
down at Cincinnati and to the pledges by the democratic
party In his name and in his behalf. Applause SO
far from coming here TO show that do not live up to
the party obligations say that any democrat who
fuses to support the recommendation of the President
made is false TO his party obligations II am able TO
prehend what those obligations are and false TO the plain
terms Of the Nebraska BILL which is the law Of the land
il understand the Specification of those plain terms
Now let what Congress to do because, when
these gentlemen in Ohio and Indiana resolve about the
rights of the people of Kansas you would suppose that
they the people of Kansas instead OF the peo-
pie of Ohio and Indiana and that they to pro-
tect the rights of those people. That Is question
wholly distinct from the power OF Congress The duty
of Congress Is plain and simple II is laid down in two
lines and will read to you what they are Consttu-
tiOu article subdivision M
bc admitted by Congress into the Union, but State
shall be formed out Of existing States &c Now, the
whole duty Of Congress to admit States and in the
first place say thnt Kansas is State, made
under the Nebraska bill by full authority given to
the people of Kansas under that bill to frame themselves
into State and that it would be the duty Of Congress TO
admit that State even if she had constitution at all
There is nothing in this provision about constitution IL
would be the duty of Congress to admit her. IL even her
constitution form Of government was not republican
Let 'New States may be admitted into the
Union. That is the whole duty of Congress ] say
that if she had constitution at all she could be admit
ted and remain in the Union. Why, Great Britain is
State She has constitution. France State with
out constitution. But these States abroed Let
come home Rhode Island came into the Union without
constitution, and was In It fifty years without 1t
had royal charter from Charles ii ] but, as dstin
guished gentleman from Missouri said, IfI had boy in
my office that did not know the difference between
royal charter and a constitution would have him cut
fox the simples I" Laughter Rhode Island lived
more than fifty years with royal charter and all the
time State OF this confederacy. Her constitution
| not made till about ls4O Now, let mo read you the
and you will see that Congress has but small share
of the duty to perform. Article 4, section "Ihe
United States shall guaranty to every State in this
Union republican form OF government, and shall
protect each of them against invasion, and on APP
pication of the legislature, of the executive
when the legislature cannot be convened, against
domestic violence. II seems TO be state that is
admitted. If Kansas were not State, Congress
| I,,t l.rr - "a
tory or inchoatc State They admit State, anil
when it is in the Union, then the duty of the United
States not of Congress begins, which il to guaranty
them republican form of government What Is
publican form Of is question that has been
great deal discussed As have shown you, it is not
necessary that State should have constitution at all
in order to have republican form of government for
Rhode Island in the Union sixty years without
La Voice--"H is State sir" Laughter Yon will
thus how exceedingly this whole controversy IN
rowed If Congress would conne itself to It's bust
ness and let the people of Kansas Conne themselves to
| theirs you would find that this whole subject would
pss away with the occasion that gave it rise, and Kan
sas he admitted into the Union and form itself into u
free State. Now word To the objection The one
objection IL that the people the 4th of january voted
against the constitution. On the 4th of January a vote
taken under the order of the territorial legislature
in which the people allowed TO vote for against
the constitution They were also allowed 10 vote for
State officers for members of the legislature and
member Of Congress Now, what did they do Why
$4,000 of them voted for the State officers, and To- 900
voted against the constitution. Well what them The
constitution perfect by the proceedings of the
convention and the vote of the 2st of December The
question submitted to the people the 4th January
was whether they would organize under IL and choose
State officers and they determined that they would and
some 900 OF the people took part in the election Was
not that acquiesccnce in the constitution Was not that
putting it into operation Was not that organizing the
State government Well 10, 900 voted against the con-
titution and two three hundred for it What does that
po.cf 1t proves that there that number of people
against the constitution. Well ] am glad of IT, am
against the constitution differ with Judge Douglas and
Col Forncy about its being unimportant whether il
free State not think it is important IL should be
free State, and am glad to by this vote a strong
indication that very considerable number of the pco
pie, probably majority, opposed to the constitu-
tion. But what of that Does that make the constitution
invalid Suppose our legislature tomorrow should
authorize vote upon the present constitution for or
against it, and majority of hundred thousand should
vote against 1t would that overthrow it Clearly not 1t
would be declaration that they desired il changed in
due form. IT Is notification to Congress- ii You please
that after they into the Union they intend change
the constitution 1t is wholly mmaterial whether the
10 900 who voted against the constitution are part of
the l3 0O0 Ithey are then of the 600 who put the
government in motion 10 900 desire that the constitution
should be changed II they not part then ma
ority of 5000 in favor of organizing the government
against those who opposed to organizing the govern
men under the constitution In any view that you can
take of it. that vote is wholly mnimportant 1t is i'm
portant notification to Congress of what they mean to
do but it does not affect the constitution ot or one
hair So too, 10 tho frauds II said great frauds
were committed Mt the election think il highly proa-
be- win sign statement If Colonel Harris with his
investigating committecan active democrat, who
might I've in much better business will only tell me
what he would desire prove i'm regard to the frauds