The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1858-03-17
Senator Douglas Minority Report
on LecOmDt0D.

Selai0f D0uylaS Miiioflty hep0ft
on LecOmpton.
! The following report of Senator Doug
las is abbreviated from the original as
presented in the Senate, but contains the
important points made by MIR. Douglas,
and in his own language:
q l am constrained to withhold my assent
from the conclusion to which the majority
of the Committee have arrived, for the
reason that there is no satisfactory evil
.dence that the Constitution formed at Le-
compton is the act aud deed of the people
of Kansas, or that it emhodies their will.
/ In absence of all affirmative evidence, aud
in opposition to the overwhelming major
| ity Of the election of January 4th, 1858,
lit is argued that the Convention was con-
stitu,ed with full authority to ordain
Constitution and establish a government;
consequently its proceedings must be pre-
sumed to embody the popular will, not
withstanding its being overthrown by most
conclusive evidence to the contrary. As
the right of Congress to accept the Con
| sti,ntiou depends upon the assumption
| that its proceedings were technically regu-
Lar, it is necessary to inquire whether it
was duly constituted and clothed with full
power for ordaiuing Constitution aud
establishing State Government to the
preceding Acts of Congress.
Did the Territorial act of Feb. 10,
1851, have the effect of authorizing the
Convention to substitute State govern
ment, for the Territorial?
The Committee in their reports have
held that the sovereign power of u Terri
tory 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 Terri
tory without consent of Congress. The
Kansas Nebraska act invested the peo-
pie of the Territory with the right of
elf-government in obedience to the organ
ie act, but did not authorize them to an
lnul that act without consent of Congress.
The President seems to think that the
| Kansas Nebraska act authorizes the peo-
Iple of the Territories or any portion oi
them to form Constitution at any time
, without authority from Congress, suspend
4 ing the authority of the Territorial Leg
islatura, at least to the extent of deprivina
f it of the power to submit a Constitution
| to the people before it should be deemet
the act of the people. Neither :he pro
!, visions of the act, Eor the understanding
: iof it's authors support this position.
S President Pierce held no such theory
e In.ls56 he sent in special message t.
Congress, recon- mending az Enabling Ae
. as remedy for existing evils in, the Ter
y ritory 7
The Committee On Territories, to whom
t this message was referred, were Of tn
If opinion that the recommendation of tn
e President furnished the appropriate mod
c of satisfactorily adjusting the questions a
issue. and so reported, thus indicating tha
}, they as-wcll as ,he Chief Magistrate, di
p not recognize the right Of the people of
Il Territory containing but few. inhabitan'
L. to form at pleasure a Constitution an
IS State Government. The House of Rel
1t resentatives however, refused to compl
l. with the Presidents recommendation.
! = That the Seuate were of the same opiI
45 ion is evident from the passage of ii
ly Enabling Act for the people Of Kansa
i'd July Cd, 1856 No Senator who ha
le voted for the Kansas Nebraska Act vote
Sc against the Enabling Act, and none oppo
:h ed it, nn the ground that the Organic A
n was sufficient to authorize the people OF
r. Territory to ordain q Constitution /
pleasure, . 6..tzs sr4 Ell yt1ss
ID The Kansas Legislature, by the a,y
s February l9, lS47, Gid net and could n
d confer upon the Lecompton ,Conventio
, the sovereign power of ordaining Coz
s,itution, in place Of the organic law pa
r sed by Congress. The Convention, col
n scious of want Of power, seek to supp
lie the deficiency by referring the Constit'
sa tion to the people at an election on Il
gtI2lse of December, '"for ratification or r
a jection," with provision that 'this Coz
IN stitution shall take effect and be in for,
a from and after its ratification by the pc,
"a pls'' From this it is clear, that the Coz
a vention did not openly assert the .autho
a. lity to ordain the Constitution by virtue
rs inherent sovereign power, but referred
Ill ratification to the people, under the SUI
m position that the popular will express
or through the ballot-box might impart va
w idlty to it. Before the time Of electio
at the Territorial Legislature interposed
It. authority by passing law, providing f
OF holding the election on the 4th Of Januar
40 The reasons for this we're gq5gy .Rf
a. l. That the mode of Submission pr
n n scribed by the Convention was unfair, re
y dering it impossible for the people to
ject it. a4..l,s
Q. That the mode of submission d
ON not fully present the question of slave
tie or ne slavery. fr M r
IN 3. That the convention possessing I
= Legislative power, it could not provide pc
er alties for illegal voting. 75ss4s ns
he 4. That by the schedule Of the Co