The Washington union., 1858-03-12

the ryp. was determiued by the delegates and they
proceeded 10 form State constitution Here was great
contrast and Is in favor the legality aud fnes of
the nrt<enes IN Kar.sas The great primordial ques
on whether they wished to into the Union al adj o.
not was determined in Minnesota, not by the people
themselves but simply by these delegates To the peo-
Die Of Minnesota this question never submitted by
direct vote in Kansas il If it necessary in the
case of that the whole constitution should be sub
mtted the people at the polls for their approval
lection IL equally necessary in Minnesota that
the question whether they would have State constl-
ton at all not should be submitted to the peoplef In
Kansas they submitted the question whether they wish
ed 10 come into the Union IN Minnesota they did not
In Minnesota they submitted the whole constitution 10
the people in Kansas they did not but they did submit
that which the single and vital question before the
people The question whether they would tolerate sa
very not submitted to the people in accordance
with the direct provisions of the constitution and by
the people that question has been settled.
When looking at the successive steps Of these proceed
ings not from the low party but from the stand
point OF the patriot who loves representative liberty
liberty reposng written constitutions and regulated by
law-what magnificent spectacle in presented of the
people of that Territory marching forward with stately
pace to the accomplishment Of their purpose, with
grand the flow of the tides the travel
of the stars The Lecompon constitution quite
unexceptonable the constitutions OF most of the States
of the coniederacy and if it had not contained am art
Gle toeratng slavery, doubt it would have passed
without challenge from most of those throughout the
land who have raised the most vehement clanor against
it.
But ii alleged that there Irregularities
in of the proceedings preceding its adoption In
regard this matter had fallen into gross
errors both of fact and theory Mr. p then went To
the objections that in the election of delegates TO
the convention test oath required and that half Of
the counties in the Territory dsanchsed by act
of their He denominated it monstious PROPOSE
that legislative body should pass upon the eec
ton returns of the members of another 1t had also
been charged that there had been invaons Of Mssou
ras WHO controlled the elections in the Territory. He
thought it sufficient reply 10 this to show that there
enough proslavery men in the Territory to carry
the elections and would therefore have been work of
supererogaon for the people of Missouri to go there
| for the purpose of assisting them. These charges,
although repeatedly made and earnestly insisted up
/ ON, destitute of proof. In all the of
evidence taken by the committee of the House of
Representatives, there cannot be found tho testimony
Of a witness who would that single voter
i'll any district was prevented from voting by any
Missourian or Missourans. They were there, it was
said, with in their hands but they made no ag
/ gression attack upon anybody. 1t emnenty a
peaceful election and in this respect it would contrast
fvoraby with the elections in the early history of some
Of the older States OF this Union.
The election of the ith of january ne regarded as
tely imperative upon the Leeompton constitution The
legislature had authority to interfere with the work of
the convention IN amy way they could neither make
constitution nor intervene with the making OF consti
tuition If such power could be admitted, any subse
uuent legislature could do the thing if it could
be done within six weeks it could be done within six
years Bnt in addon to that he believed it could be
|
of the vote Of ten thousand against the constitution
/ on the 4th of january spurious
1t urged that the admission OF Kansas under the
Lecompton constitution would lead to civil No man
could deprecae such result than himself but he
could at be deferred from doing what he believed to be
lis duty account of foebodings of evil which he
expected would be realized Let Kansas be admitted,
and yhen the burdens of government fail on the people
it will subdue nsubordination with marvellous rapiity.
He therefore believed tlic admission Of Kansas would
prove Of pacifcaton there and throughout the
I entire land
Aluson was made 70 the epithet ''border iufians,
by which portion Of hs constituents had been stigma
zed Among he population inhabiting the counties OF
Missouri bordering Kansas We're men who IN point of
natural endowment education, and intelligence, would
not suffer by comparison with the population of the same
number of counties in any part of widely extended
country There also in those counties frontier men,
who wtIp entitled respect for their noble manly char
acer they were not silky, slippery, and subethe fit
Instruments of treaoley and deception but brave, gen
erous intrepid and hosritable They were the po-
of civilization they the first to follow the star
Of empire on it's western way. BY them the seeds Of
liberty have been scattered and falling into the rich and
virgin soil OF the West they will spring up and bear
abundant fnit for all who shall succeed them Rough
III exterior they may naga e times committed errors,
bat they Of the head pot Of .l'e heart
and those men not justly liable to The ccnsure and
oboquy which have been hcaped upon them.
] Mr. BENJAMIN said that after the able and eloquent
discourse which had been delivered by the senator from
Missouri ii he should have regarded his own feelings, be
would chosen to take another occasion for the
preston of his views on this question but he
amonshed by the increasing impotence Of senators, and
by the desire not only OF this body but of the
try large, to arrive at carly decision of this subject
that all other considerations must give way and each
senator must do his duty promptly as he may The
truth in respect to this Kansas controversy, which has
besp concealed by cloud hitherto, begins to be-
apparent 70 all for it is boldly avowed that
Kansas shall be aattal slave State into this
conedcracy-not even, in the language OF ,Le senator
from Maine Mr. FssENpEN IL the whole people Of the
Territory in establishing constitution recog
| nising slavery Opinions thus maturely formed and
thus boldly avowed not to be affected by any argu
ment he could offer but long he had constith
tonal duty to perform this floor he deemed it among
the most sacred of all obligations TO protest against the
doctrines thus asserted and expose 30 far he could
the allaces by which those doctrines supported.
But he had also another duty to perform B member
of that committee which is charged with the exaIna-
ton of all subjects touching the judiciary of the country
he deemed it his duty to reply to those charges which had
here been brought against the highest judges of the land
with violence and recklessness he regretted 10 be
compelled to add with disregard of truth and decency
which would yet bring down upon their authors the in
dignant condemnation Of thes corntrymen
The question is narrowed down a single point
whether it be competent for Congress- directly indirect
w. 10 exclude slavery from the Territories of the United
States The SnpTeme Court have given negative
swer and he would endcayor TO support it by arguments
independent of the decision Of that court The radical
fundamental error which underes the argument In af-
nation OF this power, Is the assumption that slavery is
the creature of statute law in the several States where it
is established that it has existence outside of the linn
its OF those that slaves are not property beyond