The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-11
Thursday, February 4, 1858.

SENATE.
Mr.. Jones presented a preamble and john
resolutions of the Legislature of Iowa, whicf
were read. r
The resolutions are as follows: m
Be it resolved, dc, That our Senators in Con
gress be instructed and our Representative
requested to oppose the admission of K sa.
as one of the States of our Union under the so
called Leeompton Constitution because, AMONG
other reasons, said Constitution was not sub
mitted by the Convention which framed il r.
a fair and honest vote of the people of the Ter
ritory of Kansas, for their ratification.
Resotced, That we condemn the Presider O
the United States, Senators in Congress, and
all others In authority, under the Constitu, ior
OF the United States, who have advised or con
sented to the admission of Kansas into the
Union under the Lecompton Constitution.
Resotred, That the terms of the preten ded
submission of the Lecompton Constitution to
the people of Kansas Territory, employed in the
schedule of said Constitution, viz that the
vote, 1t cast, must be for the Constitution, are
An insult to common sense and an outrage on
common honesty, and had their origin in bold
determination to thrust Slavery on Kansas, in
opposition to the consent of the people of said
Territory, and In violation of the spirit of our
National Constitution.
Resolced, That our Senators in Congress be
requested to resign, unless they can support the
foregoing resolves, and vote as therein iadi
Gated.
Mr.. Jones desired that these resolves be laid
on the table and printed. They had been passed
by strict party vote, every member of the
Democratic party voting against them, and
every Republican in their favor. Whatsoever
might be the feeling now of the majority il re
lation to the admission Of Kansas under the Lee
compton Constitution, when they came to I'M
derstand the whole subject as well as he did
he thought they would think with him. These
resolutions condemned the President of the
United States, Senator'S and all others opposed
to their own peculiar views but on the subject
of Kansas his mind had been long made up,
and on mature reflection. He would sustain
the President and his Administration, refusing
to obey any such instructions, unless much
stronger reasons were given than any he had
yet seen offered.
The resolutions were laid on the table and
ordered to be printed. L
Mr.. Trumbull called up the report of the
Committee on the judiciary, on the claim of
Senators Bright and itch to their seats.
The report was REID, and also the views of
the minority.
Mr.. Trumbull deniei the right of the sitting
Senators to their seat and the legality of their
election. He moved to amend the report by
striking out all after the word Resolved" and
to insert that the Senate do now proceed to a
final determination of the right of the Hon.
Graham N. Fitch and the Hon. Jesse ID. Bright,
claiming seats in this body"
Mr.. Bayard made a brief rejoinder, and con-
cludeded by moving to lay the subject on the
table.
On this question tie yeas and nays were de-
manded, and it was scided in the affirmative,
by the following votes
Yeas-Messrs. Allen, Bayard, BENJAMIN,
Biggs, Bigler, Brodsrick, Brown, Cameron,
Clay, Davis, Douglss, Evans, Green, Gwjn,
Houston, Hunter, Iverson, Johnson of Tennes
see, Jones, Kennedy, Mason, Polk, Pugh, Sehas
tan, Sidell, Stuart, 1'oombs, Wright, and Yu.
lee-29.
Nays-Messrs. Ch,ndler, Collamer, Critten
den, Dixon, Doolittle, Durkee, Fessenden, Foot
Foster, Hale, Harlan. King, Seward, Simmons,
Trumbul, Wade, ant Wilson-l8.
In the course of { e debate on the subject
Mr.. Trumbull thong i no question more i'm
portant than that wbieh concerned the intes -;ty
of the National Legislature, by which all ether
questions of Federal legislation were to be de-
cided. He then proceeded to criticise the report
of majority of the Committee on the Judiciary,
proposing to take testimony in Indiana with re-
spect to the validity of the election by which
Messrs. Bright and Fitch claim seat in the Sen
ate. Mr.. Trumbull desired to know for what
purpose such testimony was sought, and also
what points were intended to be proven by it.
The admitted facts Of the case were such as nc
parol evidence could cure or alter, and on these
admitted facts he Was willing to rest the case
against the claim of .he sitting members.
Rv fha Cnuofitutin, IF Indiana he T.on.e1o
ture of that State consists of Senate and
House of Representatives, the former composed
of fifty and the lattes of. one hundred members
of which twothirds. of each are necessary tC
constitute q quorum. Without any joint reso
luton of the two bodies authorizing q joint
convention of the members of both for the
choice of Senators, sixsy-two members of the
House of Representatives less than a quorum
of that body had met, in company with twenty
four members of tn. Senate, (less than even 9
majority of that bran ch of the Legislature and
had proceeded to tie election of Senators o.
the United States. These facts were admitted
by the sitting memEers, and no evidence wat
needed with respect 10 collateral questions
when such incurab. defects invalidated the
election. If the Senate was prepared to de
clare that Senators thas elected were legally
chosen, it was as competent to do 80 now as al
any future day. N, testimony could change
the facts of the CO q. Why, then, was it at
tempted to keep IT, question open and .unde
cided? He was glsd that Mr.. Bayard had the
frankness to avow tae reason it was because
the "important case" Of Kansas was to be de
cided, and the vote of these Senators Nigh,
be needed. Whethsr legally elected or not, il
was assumed by MI. Bayard that they repre-
scented the public sentiment of their State with
Hs,,t 81 o. IL,
grounds this assumption was made, it passed
his ability to DISCOVER, especially at a tim,
when it was very doubtful whether the sitting
Senators represented mai ority of their owl
party in Indiana, tosay nothing of public senti
ment among the people at large. But, ADMIT
ting the assumptiol, is this, he asked, the vsgu,
and underlined tenure by which Senator should
hold his seat?
Kansas Afairs.e-Tbe Senate then resemet
the consideration If the motion to refer The
message of the Pre- sident, transmitting the LIE
compton Constitution, to the Committee or
Territories.
Mr.. Douglas suhsaitted the following resolu
tons for consideration:
Resolved, That i, e President be requested tt
furnish all the information within his posses
sion or control on !he following points:
l. The returns AID votes for and against tn
Constitution, at an election held in the Terri
tory of Kansas in October, 1856.
2. The census syd registration of voters il
the Territory of Kansas under the provisions
of the act Of said Legislsture, passed in 1857
providing for the~election of delegates, anc
assembling Convention to frame Constitu
ton.
3. The returns Of an election held in said
Territory on the 2lst of December, 1857, under
the schedule of tie Lecompton Constitution,
upon \the question: of Constitution with Sla
very" or "Constitetion without Slavery"
4. The returns IF the election held in the
Territory of Kanssy on the 4th day of January
1853, under the authority of law passed by the