Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-05-22
NO.22


term, we present these frauds and this opposition
1 as reason why you should not admit our Ter
ritory into the Union under this constitution"
That Is the state of the question before you.
The complainants admit all the regularites lust as
the President states them. Perhaps they admit
the effect these forms would ordinarily have, but
they urge other facts in opposition TO the apparent
evidence Of the constitution ITSELF as have be-
fore adverted TO- majority Of the people have
protested against ii. The present Legislature by
its inquiries, have developed the vast frauds which
were practiced in connection with, and in rela-
tton to, this constitution. They say, Z" do not ac-
cept Il; do not admit us under it, send it ba elk;
let 1t be submitted to fair vote of the peop le."
Dir, upon such complaint as this, are we Tot
bound, in justice to that people, to examine the
whole case! Can any Senator turn away and
refuse to look at the testimony that is offered?
Can he be justified in doing by naked legal pre-
sumptions against positive truth?
| DO not suppose that would discard all formaH-
ties, or the fair presumptons resulting from them.
| In many cases, and to many Of the transactions
of society, especially to your courts of justice,
they are necessary, and they subserve the pur,
| poses OF justice. They were not made to sacri-
| ice justice, but to uphold it and maintain it
and protect it as an armor. That is the proper
| business OF forms-not to crush down Justice,
but to promote it, We are not now sitting here
governed by any technicalities. This is grand
national political tribunal, to Judge according to
our sense OF policy and our sense of Justice That
is our high province--not to be controlled by pre-
sumptions OF law when can have the naked
truth. 1t Is the truth that ought to guide and
for that we ought to look wherever we can find it
and where you find the truth on one side, and the
fiction on the other, which is to be followed, the
truth or the fiction? / take the fact; / take the
truth; let the fiction return to those tribunals
which are by law made subject to it. This is a
question above that sort of argument. 1t is in
quirabc into. Else how can we Judge that it is
their constitution? 1t is the fist time, believe,
l that such question has ever come up in the Sem
ate of the United States In all former applica-
ons for admission, there has been one thing about
which there has been no question and that was
the Willingness to be admitted, and the consttu-
tion under which they desired to be admitted
There has been no question about the authenticity
of constitution, or about its expressing the true
will OF the people heretofore, that know Of. am
satisfied there has been none; but that there
| is We must inquire into the authenticity of the
instrument offered to US; we must inquire whether
it is better, on full consideration, to admit this
instrument and the State with it or not and, in
the exercise OF that judgment, we are bound to
look abroad for the truth wherever we can find it.
think, ther fore these matters all fairly sub
ject to our consideration.
Mr.. President, convinced as | am from these
imhprfect views Of tn, evidence in the case, that
this instrument is not really the constitution OF the
people of Kansas or desiredby them to be accepted
by you in their admission into the Union beliey-
ing that 1t is not their constitution (; and believing
moreover, as l verify do, that it is made in fraud
and for fraud believing that these matters are
nquirable into by us, and that the inquiry has led
Us TO abundant light on this subject, cannot l
will not vote for it. Viewing it as | do, with the
opinions entertain, could not consent to her ad
miss on without violating my sense Of right and JUS
tce; and would submit TO any consequence before
would do that.
Now, sir what considerations are there apart
from these which | have stated, which could lead
me to give, or could compensate me- for giving
vote against my sense Of what right ar d Just?
What advantage to whole country, or to any
portion of it, is 10 result from taking Kansas into
the Union now with this constitution Is anything
to be gained? Is the South or the North TO gain
anything by itS j see nothing TO be gained by it.
think there is not gentleman here who believes
that Kansas will be slave State Before this ter
ritorial goyernm ent made, many OF the leading
men of the South here argued that Kansas and
Nebraska never could be slave States. BY the law
Of climate and geography, it was said they could
not. So said my friend from Georgia, Mr.. TooMBs,
and so said Mr.. STEPHENS.
Mr.. TO0MBS. Never.
Mr. HALE. Mr.. Badger said so.
Mr.. CRI1TENDEN. Mr.. KEITT and Mr..
Brooks Of South Carolina, said so. The opinion
was expressed by numerous southern gentlemen
that Kansas could never be a slave State. 1t was
for the principle that they contended; and the prn
ciple, the abstract principle, a just one |;
namely, the right Of the people Of the Territories,
when forming State government, for admission
into the Union, to frame for themselves such re.
publican constitution as they pleased, either ex'
Guiding or admitting slavery.
Mr.. HAMMOND. With the permission Of the
Senator, win ask him, "Dd | understand MIN to
say that Mr.. KNIT had declared Kansas never
would be a slave Stategn
Mr. CRITTENDEN. Yes, sir; so it is report.
ed. Mr.. HUNTER, of Virginia, said:
docs any man believe thatyou will have slave
holding State in Kansas or Nebraska"
Governor BRowS, of Mississippi, said:
That slavery would never find resting place il
those Territories"
Mr.. DOUGLAS said
"I do not believe there is a man in Congress VIII
thinks ii could be permanently slaveholding coun
tY."
Mr. Badger, of North Carolina, said
al have no more idea Of seeing slave population
in either Of them than have Of seeing it in Massu
chusetts."
Mr.. MILLsoS, OF Virginia, said:
"No one expects il. No one dreams that SLAYER
will be established there"
Mr.. Frederick p. Stanton, of Tennessee, said:
"The fears Of northern gentlemen are wholly un
founded. Slavery will not be established in Kansa
and Nebraska"
The late Mr.. Brooks, OF South Carolina said in
his speech Of the 9th Of March, 1854:
"lf the natural laws Of climate and Of soil excud,
MS from territory Of which the joint owners
we shall not and we will not complain
Mr. Butler, of South Carolina said, on the I'd o
March, 1854:
elf two States should ever come into the Unior
from them the Territories, II is very certain thai
not more than one Of them could, in any possibl,
event. be a slave-hoding State; and have not tn,
least idea that even would be-
Mr.. Keu, Of South Carolina, in his speech o
the SOth March, 1854, quoted Mr.. Pinckney, Of hi
own State, that
Practically, he thought slavery would not q
above the line Of thiry-six degrees and thirty minute
by the laws Of physical geography, and therefore
that the South lost no territory ft for slavery"
This is all the authority I have.
Mr.. GREEN. | wish TO inquire what book the
Senator reads from. What is the title Of it2
Mr.. CRITTENDEN. II seems to be a boob
written with the most downright Democratic pro
pensities and purposes. Laughter.1 II is " An
Appeal to the Democracy Of the South, by south
ern State-Rights Democrat" Laughter.
NJ. m -.