Arkansas true Democrat., 1858-01-05
XXXV Congress---First Session.
Wednesdays Proceedings.

WASHINGTON, Dec. P.
 House.-Mr Warren, of Arkansas, rose to a question of privilege and offered his pream. ble and resolution relative to Utah, and reouir. Ing the committee on territories to report on the propriety of excluding the delegate from that territory from seat ir this House, present ed several days since. Mr. Warren said tbi, was case which the country and every honest man desired to be investigated Members were sitting here with d delegate from d territory which was not only morally but legally in open rebellion against the government of the U. S.
 Mir. Banks, of Mass, said that the fact that the preamble declares that state of war exists Ill Utah did not bring the matter before the House As question of privilege he admit ted the conclusion affected the delegates rights but the facts on which Mr. Warren had based hIs conclusions did not affect his rights.
 The speaker remarked that the preamble might or ought not be adopted by the House.
 MT. Bocock agreed that this was a question Of privilege, but it would be for the House to say whether the reason assi gned should be ad- mltted. lie was not nor was the House pre- pared to admit the facts charged as consttu- tinS sufficient grounds for the rejection of the delegate. As the House cannot set up an in Junction of morals or religion we cannot declare State or Territory in condition of moral rebellion, and that therefore its representative Is entltlted to be heard on this floor.
 Seidte.-Mr. Stuart said that 1t was well re- marked by Attorney General Butler in the Ar Kansas case that the power of Congress upon the subject of the admission of new States is plenary. When the question i. presented it must be necessarily determined by crcumstan- ces which surround and govern that particular case. It IS power which authorizes the ad mission "f foreign States, well as those form ed out of our "n territories. And this single statement would show at glance that prece dents never could aud never ought to be re. garded Tor the purpose of deter ming the bower or proprlety Tn particular case. Congress. and Congress alone, under the power conferred up- on It by the constitution is to determine not only the question as to whether a State shall be admitted at all, but 1t is equally empowered with the authority of determining when it shall be admitted. Enabling acts were not to be regarded as indispensaby necessary to the ad- mission of new States.
 lie proceeded te lay down these principles to the case under consideration. The questions to be asked were, whether the form of government was republican, and whether the people were satisfied with it, and asked admission under it for the power of Congress was to admit the State, not to coerce it. He contended that half the people of Kansas had had no oppor- tunity to vote for the election of delegates to the convention, as in some counties no census was taken. How could they be expected to abide by its decision when their voice had not been heard? He also believed that the con- vention was intended as trick and fraud upon the people; and expressed his views in accor- dance with those which Mr. Douglas had pre- viously submitted.
 He would never give his vote to the consum- nation of that fraud, which he believed to be the most enormous fraud that was ever un- dertaken to be practiced upon any people un- der the forms of law. He believed that if this constitution was forced upon the people of Kansas, those who did it would light the torch of civil dscord throughout the Union. They might cry peace, but there would be no peace.
 Mr. Frederick said that while he agreed with Mesrrs Douglas and Stuart in most of their remarks, there was one point on which he wished to say few words. When Gov Walk CT and Secretary Ssaunton went to Kansas, they found state of instruction existing there and succeeded with great labor in restoring peace. Now he thought that the President and cabinet were alone responsible for the re- cent outbreaks. This was the first time he had known the President to descend from his high position and attempt to coerce peaceable to the will of an illegal body of men. He was sorry to disagree with his party, for he believed he had rendered as much service in electing MT. Buchanan as any gentleman upon this floor - He was also somewhat astonished at the for bearance that the people of Kansas had used toward the delegates of the constitutional con- vention. If the people had fogged them, cut their ears off and sent them out of the terrto- ry, he for one would have applauded them for it. He would not make any extended remarks now but if the Lecompton should ever be presented to the Senate, he might have some- thing te say about it then. He would remark that he was no freesoiler. In his own State his own State his most bitter opponents were re- pubhcans.
 Huse.-Mr. Bocock continued to argue that the State might be in rebellion, yet are not those who are true and loyal entitled to repre- sentaion But we have no facts by which we can declae Utah in legal rebellion against the county. Where is the message of the Presi- dent declaring Utah to be in d state of rebel. lion?l It would do no harm to refer the reso- lutonto the committee on territories for lnves | tigation.
 Aftr further debate, the resolution instruct. ing tn committee on territories to enquire into the expedency of immediately excluding MT. Bernhsse, the delegate from Utah, from his seat wss adopted.
 On lotion of MT. Banks, so much of the Presdnt's message as alludes to Utah was re- ferred b the committee on territories.
 Mir. Petit announced the death of Samue BrentoI and MT. Niblack the death of Jame, Lockhat, late representatives from Indiana and they pronounced eulogies on their charac ters.
 The House then adjourned until the 4th ds! l of Januay. so-g ssf {
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