The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-05-20

That vote OF his asserted the right of Congress
to exclude Slavery within new States. That is
where l want to place him; that is where he
belongs, and where belong. / do not recog-
mise the right of Eve hundred men, or five hun
dred thousand men, to establish any State Con-
stitution, or Government, anywhere within the
territories of the United States, without the
consent of the people of the United States, ex.
pre- ssed either previously or subsequently,
through their Representatives in Congress as
sembled
This brings me, therefore, to the point now
before US. do not find fault with this bill be-
cause it asserts the power of Congress to annex
conditions precedent upon which alone the
State of Kansas is to come into the Union. l
lind fault with this bill because in my judg-
ment, it is great crime, not only against the
people OF Kansas, but against the Constitution
OF our common country, and against the sacred
rights of human nature.
! Gloze that bill over with what words you
may, 1t Is acritten crime enact it into q law,
and 1t will be legislative atrocity sngrossed
upon parchment. Dignity this act with what
title you please, history, stern, truthful, impair
tial history, will entitle it An act to take away
the liberties of American citizens" That this
bill Is crime, will try to show. In the first
place, this bill does not submit, as the gentle
man from Georgia Mr.. SrEPHENsl very frank.
ly acknowledges, to the people OF Kansas the
question, whether they will approve or reject
the Lecompton Constitution.
Instead of that, sir, it submits to them a
6ri6s IN the way of lands and money, and says
to them, :" if you will vote for this proposition,
| you may come into the Union under the Con.
stitution framed at Lecompton on the It'll day
OF November, 1857; but if you. reject this
bride, the penalty which will follow shall be
that you shall not come into the Union as a
| State until you shall have population equal
to the ratio of representation at the time of
your subsequent application" l say such q
thing is without precedent in the legislation of
the country; is unauthorized by and in direct
contragention of the Constitution of the United
States. There is nothing in the Constitution
of the United States which gives colorado au.
thority for such legislation. There is nothing
in the past legislation Of this country that gives
colorado authority for it. Isis simple act of
| despotism, attempted to be enacted here by the
Congress of the United States, under cover of
that Constitution which bears the peerless name
OF Washington. 1t were better, sir, that that
sacred instrument should perish as though
smote by the lightning of heaven. than that
any such act as that now proposed should be
placed upon our statute book. What is it
| Way, that the Congress of the United States
snail dictate to freemen that they shall accept
under pains and penalties bride, and thereby
| become subject to Constitution which they
never made, which they abhor, and which they
have condemned l say, and say it without
the Tear OF contradiction, that the genius of our
| Constitution Is this: that new State Constitu.
tons must emanate from the people within the
limits of the proposed State, and from no other
s.urce. In framing a State Constitution, they
are subject to the limitations of the Federal
Constitution, and the limitations or restrictions
imposed by acts of Congress. They may do
anything,in framing their Constitution that is
not inconsistent with the provisions of that
| instrument, or of such restrictive enactme tents.
| Inc nome mt they violate these provisions, their
Constitution ought to be rejected by Congress
| That is our position.
But this bill assumes the very contrary and
| provides that Congress shall adopt Constitu-
ton which was framed by conspirators at LIE.
compton. The people OF Kansas never framed
it, by delegates or otherwise. On the contrary.
on the h day of last January, ten thousand of
the lawful voters of that Territory, large ma.
ority of all it's qualified electors, condemned
this instrument at the ballot-box. They never
framed that instrument. 1t was framed. /
admit, by delegates at Lecompton but, as /
had occasion to say on former occasion, they
were delegates whom the people had never
chosen, nor authorized to be chosen, and they
only sat in safety at Lscompton under cover Of
Federal bayonets. That fact is notorious and
the President Of the United States, who is to.
day, by the use Of his patronage, engineering
this Internal proposition through the Congress
of the United States, came before this body,
and, by his message of the "a day of February
last, comedies to US and to the world, that the
people of Kansas never framed this Constitu-
ton. What does he say, sir? Why, he says
in that message, amongst other things, that
oIn do Oflx a.
the 4th Of March, l857-the people of Kansas
have been in open rebellion against the Gov
eminent established there by Congress He
says, further, that they wished during all that
time to establish revolutionary Government,
under the socalled Topeka Constitution He
says, further, and therein lies the confession of
the truth of this matter, that they were arrayed
in such numbers against the exist ng authorities
in that Territory, that they would have over.
turned the Territorial Government - out of
which sprung this Lee compton Constitution
but for the fact, to use his own words, that that
Government ioas protected from their assaults
by the troops Of tie United States
Now, | submit to you, sir, whether that is
not fair, unequiyocal, open confession of the
fact that the great majority of the people of
Kansas necer assented, from first to last. to
any portion OF that machinery which has re-
suited IN the production of this Lecompton
Constitution Why, then, attempt to force it
upon them with this penalty threatened on the
one hand, and this bride rendered on the other ?
Do you not impose an unjust and unfair con.
ditiOn by this bill, when you therein declare
that, if the people accept this bride, they shall
come into the Union under the Lecompton
Constitution, although they have only fifty
thousand population but if they reject the
bride, they should not come in under a Cousti
tuition of their choice till they shall have popu.
lation of nineiy-three thousand four hundred.
the present ratio of representation, or a still
greater number, if before that time the ratio
be increased? f|
But, sir, there is another objection to this
measure. Suppose that the people of Kansas
were permitted to vote directly upon this Con.
stituiion-l say that the Congress CT the United
States has duties to perform which it ia not at
liberty to waive; and one of these duties is to
see to 1t that no Consultation shall go into
operation with the consent of Congress-, which
denies the right of a majority of the qualified
roters to amend, alter, or change it, at their
pleasure. Such Constitution ia not rspab.
liean.
Now, sir, assert that this Leeompton Con.
stitution, by express provisions, excludes the
majority from this right Of amendment. What
ass its provisions in this respect? First, that
in any election to be held in said State, the
qualifications of voter shall be, that be be
male citizen Of the United States, above the age
Of twenty-one years. ARTICLE 8, section IL
And section fourteen Of the schedule provides
that the Constitution shall never be amended or
altered, unless majority Of all the citizens
OF the State shall first have uoted for Conven.
tion." Nov, every man knows that, under our
free Institutions, every peraon born of free