The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-02-26
THE LECOMpTON QUESTION.

abstract OF the Report of the majority of the Senate
Committee ON the subject of the Lecompton consti-
tuition, we to-day publish the more important por
tions .of the minority report of Senator Douglas
which exhibits very fully the views entertained on
the other side. The following abstract contains all
the important points made by Mr.. Douglass and in
his own language:
am constrained to withhold my assent from the
conclusion to which the ma jorty of the Committee
nave arrived, for the reason that there satisac
tory evidence that the Constitution formed at lie
compton is the act and deed of the people of Kansas
or that it embodies their will In absence of all a-
hrmatve evidence, and in opposition to the
whelmmg majority of the election of January 4th,
1883, 1t is argued that the Convention was consti
tuted with full authority to ordain Constitution
and establish government; consequently its pro-
ceedlngs must be presumed to embody the popular
will, Notwithstanding its being overthrow BY most
conclusive evidence to the contrary. As the right
of Congress accept the Constitution depends upon
the assumption that its proceedings were technical
ly regular it is necessary to inquire whether it
duly constituted and clothed with full power for or
daining Constitution and establishing a State gov
eminent to the exclusion of the preceding Acts of
Congress.
Did the Territorial act of Feb 10, 1857, have the
effect of authorizing the Convention to substitute
State government, for the Territorial?
The Committee in their reports have held that the
sovereign power of Territory is held in obeyance
by the National Government in trust for the people
until they shall become State and that this power
cannot be transferred to the Territory without con-
sent OF Congress. The Kansas Nebraska actlnvest-
ed the people OF the Territory with the right of
selfgovernment in obedience to the organic act
but did not authorize them to annu that act without
consent of Congress.
The President seems to think that the Kansas
Nebraska act authorizes the people of the Terrific
tories, or any portion of them, to form a consttu-
ton at any time without authority from Congress,
suspending the authority of the Territorial Legisla
ture, at least to the extent of depriving it of the
RI limit fntip 10 haf,r
it should be deemed the act of the people. Neither
the provisions of the act, the understanding of
its authors support this position;
PRESIDENT Pierce held no such theory. In 1856,
ne sent special message to Congress, recommend
ing an Enabling Act as remedy for existing evils
IN the Territory
Inc committee on Territories, to whom this
message was REFERRED were OF the opinion that the
recommendation OF the President furnished the APP
proprate mode of satisfactorily adjusting the ques
tons at ISSUE and reported, thus indicating that
they, as well as the Chief Magistrate, did not
cognize the right of the people of territory con-
tanning but few inhabitants to form at pleasure a
Constitution and State Government. The House of
Representatives, however, refused to comply with
the PRESIDENTS recommendation
mat the Senate were OF the same opinion, is evil
dent from the passage of the Enabling Act for the
people OF Kansas, July I'd, 1856. No Senator who
had voted Tor the Kansas ebraska Act voted
against the enabling Act, and none opposed it, on
the ground that the Organic Act sufficient to
authorize the people of territory to ordain con-
stltutlon at pleasure.
The Kansas Legislature, by the act OF February
~ 1891, qua not and could not confer upon the LIE
compton convention, the sovereign power OF ordan-
ing Constitution, IN place OF the organic law pass
ed by Congress. The Convention, conscious of
want OF power seek to supply the deficiency by re-
ferrng the Constitution to the people at election
on the list of December, for ratification rejec-
uon, with provision that this Constitution shall
take effect and be In force from and after its rati
cation by the people From this 1t is clear, that
the Convention did not openly assert the authority
TO ordam the Constitution by virtue OF inherent
sovereign power out referred It's ratlhcaton to the
people, under the supposlton that the popular will
expressed through the ballot box might impart val
ldlty to It, Before the time OF election, the Terrific
rial Legislature interposed its authority by passing
law, providing for holding the election on the 4th
OF January. The reasons for this we're
L. That the mode OF submission prescribed by the
convention was unfair, rendering it impossible for
the people to reject it.
z That the mode OF submission did not fully pre-
sent the question OF slavery or no slavery.
3. That the Convention possessing no legislative
power, 1t could not provide penalties for illegal
voting.
A. That by the schedule of the Constitution the
management of the election was taken out of the
hands of the Territorial officers
The election of the 4th of January resulted in
the reputation OF the Lecompton Constitution by
clear majority OF l0,O64 votes. Notwithstanding
the Legislative act, fixing on the 4th of January
the day of election, the friends of the Lecompton
Constitution held election on the DIST of Deem
Der, under the pretended authority of the Conven-
ton, which resulted in majority of 1914 votes,
cast tor that Constitution, with slavery" More
than half this maj ority was cast at very sparsey
settled precincts of the Territory, and without
doubt was fraudulent. Assuming however, this
election to have been fair and valid, though not
Quoted according to law. on comparing the returns
OF the two elections indicate majority against the
Lecompton CONSTITUTION, OF 4,49O casting out the
votes declared fraudulent by the presiding officers
OF !he Two houses use OF tne Legislature, we have
MAJORITY OF o'ooo OF 1our TO one OF all the legal vo-
ters oil Kansas In opposition to the Constitution.
The President asserts in his recent special mes
sage, that the election OF the 4th of January, was
heid after the territory had been proposed for ad-
mission as sovereign state, involving the strange
inconsistency OF voting against the Lecompton Con-
sututlon, while recognizing Its valid existence by
voting under its provisions BY what authority
mad the Ierritory 6een thus prepared for admission
INTO the Cmon! Not by authority OF Congress
NOT py authority OF the territorial Legislature. 1t
Is peculiar doctrine that Territorial Legislature
may assemble convention without the assent OF
congress, and empower the Convention to abrogate
the authority OF the territorial Government estab-
hshed by Congress. Such question does not now
arise Tor the hrst time
Under the administration of Jackson, on the right
OF the territorial Legislature OF Arkansas ito pre-
pare That Territory Tor admission into the Union as
sovereign State without any express authority
from Congress" Gen. jackson delivered the deci-
sion of his administration through Mr.. Butler, his
Attorney General that convention assembled I'M
der Territorial Legislature, without express
authority from Congress, had no right or power to
prepare the Territory for admission into the Union
as sovereign State, and thereby abrogate or i'm
pair the authority of the Territorial Legislature
1t follows that the Lecompton Constitution should
have been presented to Congress for acceptance,
like any other memorial or petition.
If these principles be correct, the Convention at
Lecompton had right to assemble in an orderly
manner and pray Congress to abropate the Terri
torial Government and admit them into the Union
but had no power to establish a government. or do
any other act under pretence of preparing the Terri
tory for admission. The President is mistaken in
could do any act depriving the Territorial Legisla
ture of the power and right to pass law referring
the constitution TO vote OF the people on the 4th
OF January. Inc convention was the creature of
the territorial legislature and as much in its power
On the i1tn . Oh Decemoer, when the law providing