Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-04-28
DAILY APPEAL.
WEDNESD.sT MORNING, APRIL 2S, '5s
SPEECH OF HOs. +. K. Z8LLlCOFFER.

- lS59
The House being in Committee on the Who
se = on the state Of the Union, hr. ZoLLIcoFFI
~ said:
70 Mr.. CHAIRMAN, Upon this Kansas e
u tion had intended silently to cast s vote r
q. the admission Of new state. without .roublir
ne committee with the particular reasons col
r. trolling ny action; but finding that I am con
ns PEELED 90 separate on this question from soH
Bs Of my most respected political friends. al
PereeiviHg that among the friends Of the bi
ag as well as 4 : opponents there has been grsi
diversity Of opinion upon different points ,
ioe argument, have concluded that il nav 3
better for me 70 state the facts and reason
o. which bave had most weight in jetsrminiu
50 my vote, that none may misunderstood them.
= must say, that il is with much regret that
hnd my political friends divided on this inpoI
tant question, and with regret that I ind SON
OF the friends of the bill giving it support ~
on premises that ! have 10 synps HES witt
ms, however, seems 10 be oouHterbalsnce
. oy the fact that the bill is opposed for slmos
: altsorts Of conflicting reasons.
viii endsavsr to present my own view o
n the question. Kansas Is before US asking 70
= admission into the Uni5n, with constitution
2 regularly adopted in accordance with the prin
= ciples guaranteed in the Kansas-Nebraska bii
: "a constitution republican in form, and adopt
3 Cd By her people under all the sanctions an
= IoInaiities OF law. The question has beei
raised, is this constitution in accordance wit
: TIE VIII OF the people II the will Of the Beo
: pie IS to be sscertained by the popular votu
9 cast at the regular elections, il certainly en-
: oooles ne will Of the people Of Kansas An,
. I We are not TO regard the expressed will o.
he people at the bsiict-box, where all ar. fre.
2 70 vote, an unable 10 discover where else VI
are 70 md tess-a reliable test, by which
ssteiy to osteTmins what is the popular will
We are entirely at sea, II this il rot test. u
not HoT, neither would il Be q lest II yoa were
to submit il to another vote. How can vou
nave reliable tesf, n, when the people come
up 70 ne bsliot-box and fairly cast their suf-
irsges, and none are restrained, as I will pres
entity endeaFof TO show wss the case in this
instance, we are to be told that this shall not
De regarded as an indication Of the sentiment
Of the people?
II, then, the constitution is repu5lican-it It
has been legitmsieiT sdopted-snd If it con
tsins no provision plainly in conflict with the
Constitution Of the United States. 10 does seem
70 ne that il is The privilege Of The new State TO
ask Tor admission. and that Il Is our eIiV to
receive it into the Union, without looking fur
ther into the instrument Itself to see whether
is provisions are 10 all respects lust such a.
We would have made them. ID acting upon the
question Of admitting a Slste into the Union,
Congress should not receive OF reject the STATE
upon The mere ground Of like OF disliks Of pro
] HlGAELe az Tue EOlsLlLunUu- AU0EneE SAFE
might never be admitted, it this were the rule
Bat were permitted to decide this question
upon what find in the constitution, must
frankly ssy that fad IN this instrument that
I which highly commends It 10 nv regard. /
hnd az the very foundation Of it the great Amer
I iean principle that none bat citizens OF the
Onited Safes shah Be permitted to vote in the
| elections, or otherwise control the political
destinies Of the State. For this, and for other
] nrrvfeinue in Fhaf- .i.,
/ / heartily return 10 Its frsmsrs my sincerest
thanks. NJ belief is, bowever, that if the
provisions refer to were not TO be found there,
I otneT things being right, IL =0lld be nv duty
/ to vote for the admission of the new State.
md Ia 1t another striking feature-and Il IL
I mat upon which almost the whole question,
unfortunately, is made 20 tarn--tte recoguitioa
/ OF the Institution Of African slavery. Taere
can be little doubt that II is on this account
hat Tiosn- and relentless war has been
wsged urOn Y by IT, j5rity Of its opponents.
lie great mass OF those who oppose the admis-
sion OF Kansas into the Union, oppose It be- 7
cause II cOnss with pr0-slzveTy Constitution. /
Many OF them have, indeed, gone 50 far a.
to pledge themselves never 10 vote for the
admission Of another slave S,ats iato the 4
Union. What a spirit is this IN a union Of
States such as oufs-formed originally between
slaves States and FREE, and Of which they are
still Of nearly equal numbers.
That / should sympathzs with such feelings. /
or 10 any way cooperate with those who en-
ter the contest animated By 20 deadly a spirit
OF hostility to the people ot fifteen States Of
the Union, viii not for a moment be expected
by any who know me.
By brief recurrence to historical facts.
viii now endssvor 70 show what / regard as
the main pOint-that this constitution is GER
tainly the result Of the deliberate action OF
the people Of Kansas, regularly passing through 1
the various stages OK legal scti0n, to It's fns I
adoption.
In 1884 Congress passed the K1nsls-Ns- I
orasks act, organizing temporary Territorial /
government for KsIsss, in which it was de-
clared that "lhe legislative power1 Of the /
Territory " shall extend to all riehtful subjects I
Of legislation, consistent with the Constitution 1
Of the United States and the provisions Of this |
act" Among the - Tighifal Subjects CT legis- I
lation" alluded to, was doubtless that Of pro |
posing, at the proper time, for taking the sense 4
Of the people Of the Territory upon the gues-
uOn of adopting State Constitution. This is 4
apparent from the l9 b section Of the act :
which, after declaring the Territorial govern I
ment 70 be "tempOrary In its character. I
looks 10 the future admission OF Kansas into /
the UHion as State, expressly providing that /
when admitted as State or States, the said
Territory, or any portion o. the same, shall be
received into the Union with OF without slavery.
- A-AIaA IAaAo-AAAtAoN luaN NirNEIAUe d LUe j
time" We have heard mu-b said lately bout 4
the necessity for an enabling ac. = this is q I
modern necessity that ] attach very lirtle con-
sequence to. see no more necessity for ena- /
bling acts now han there was in the earlier
DAYS Of the Republic, when they were unknown 4
and uRrequired. Bat II one is now thoughts to
be needed. here Is an enabling act and gnots Z
the language cf the organic act 70 show pai8s- I
bic SuiborIty 70 the Territorial legislature for 4
taxing the iRitiatory ste7 in preparing f3r a .
constitution, and for admission ito tbs Union .
as state. Tne legislative power Of the Ter .
utoTy extended to all rgh;ful subjects Of I
legislation . consistent with The Constitution I
Of the United states and the provisions Of the .
organic act. The legislative step, submitti7g
to toe people the iestiOn as to whether they 4
would frame \ State constitution. vas not only I
consistent with the Constitution Of the United .
states, and the provisions OF the organ.c aci. 4
but was expressly warranted IN this 70 b sec I
ton, which defaed the " temporsrvo cbarac
ter Of the Territorial government, and looked I
forward to the formation OF " State or 4
States
10 accordance, therefore, with this rscogni. (
ton Of its right and duty, the TsTritoria! Leg
isature, in July, 1855, passed an act providing 4
that poll should be opened for taking the .
sense Of the people upon the expedieucV of 4
calling convention 10 frame State constitu- /
tion. This vote was directed to Be taken al 4
the general election, to cone of IN October.
1886. Thus thew gave ample time 70 consider
this QUESTION. When the day came, the people l
voted they voted without Interruption have
never heard that there was fraud charged 10 /
taking that vote and very large majority Of I
tie people determined that they would change 4
the form # their government, ana for hat pur- I
pose call convention to adopt constitution. 1
At a subsequent session OF the Legislature, in /
February, 1857, some months after this result /
had been sscertsined, an aet was passed provi- .
ding for taking a census CT the people, for ma
king registry Of the voters, and for the slee-
tiOn Of delegates 10 The convention. This was /
all regular. The csnsss and registry were ia
ken, except IN certain counties, where it was
resisted and prevented By the violence Of the
Freeson party; and when the day appointed
for the election OF delegates came, which was
the 81 Monday in June, 1857, the delegates
were chosen by popular vote, and on the lst
Monday Of September they assembled in con
veniion, aud, after due deli5erstioa, adopted
the constitution which is now before rs /
know Of no fraud charged in connection with
this election, or with this result except tba-
the very anti-siaveTy extremists. who prevent
ed full census and registry, now have the ef-
fronteTy to complain of the failure to take
full census and registry.
There was oHe great and Osly question which
had divided the people Of the Territory. Every (
gentleman knows, whatever may be his posi-
tion on this issue, that there was but one great
question dividing the people, and that was the
question Of slavery. The convention bsd in
serted 10 the constitution slavery clause bot
as il was doubtful whether = majority Of The
people preferred tha. the Safe should be a
sls Tshoiding State, they very properly sub
mfted that question, and that question only to
the popular vote.
maintain that in nc other way could the
sense Of the people have been 30 clearly asce-
taiued upon this most exciting cues ion There
were doubtless some minor questions. upon /
which the people differed in option. but if
tbev bad, complicated this question with other
and minor Issues, there would have been great
uncertainty as to what the sense Of the people l
was lapsn the question Of slavery; | thiuk,
therefore, they pursued the proper course
This vote .rss annointef 10 be taken on the !