The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-03-04

events happened, of which am speaking. Does
any gentleman here undertake TO deny that the
first Legislature was forced on the people OF
Kansas by foreign invasion? The proof is In
the record-it is in the record taken by the House
of Representatives Was not the President famll-
lar with that2 Ought he not, as statesman, 10
have been familiar with that? Can he give any
excuse for not knowing it? Is 1t enough for the
President of the United States TO come into office,
and say he does not know some OF the leading
facts which have taken place within very short
period before his election and inauguration No,
sir, it is no excuse and the President of the Uni
ted States ought not to, and shall not, avail him
self oft before the people of the country He does
not appear to know the other facts which have
stated, with reference to the disclaimer Of the
people who framed the Topeka Constitution, from
the beginning, of any intention to subvert by
force the established Government of that Terri
tory.
His next allegation is a very singular one, and
it calls for more particular notice. He AYERS
that the sense of the people was taken on the
question whether they would have Convention
or not aud he holds them accountable, there
fore, for not voting on that question. Mark you,
he is now communicating information to Con-
gress. This is one of the items which he commu-
nicates, that the sense of the people of Kansas
was taken on the question of Convention
What opportunity did they have to express that
Convention under the force of the test oath that
was applied to them? Is it not matter of noto-
riety is il not upon the book is it not matter of
record, that, coupled with the right to vote on
| the question of calling Convention, was pre-
| scribed an oath to be taken by every person who
should offer himself as a voter that occasion
What was that oath? 1t was stated by the Sen
ator from Missouri the other day. 1t was
oath to support the Constitution of the United
h. 49, N-1fN Tarr
| tory; and, beyond that to support the fugitive
slave law. Now, sir, who in any country will
not say in any free country, but who in any
| country-ever before heard of test oath as a
prerequisite to the right to voter have heard
| of an oath administered at the polls to show a
persons quali6catiOn--that he comes under the
description of persons who are allowed to vote
but believe this is the first time in the history
of any country where the people are allowed to
exercise the right of suffrage at ALL in which an
oath has been prescribed by way of test to sup
port certain measures of Government and certain
laws, as a prerequisite to the right of suffrage.
Is it not we'll known--does not the whole coun-
try understand-that throughout the free States
there is the greatest Adherence of the fugitive
slave law that in many of those States thst act
has been held TO be unconstitutional that large
portion of the people not only consider it uncon-
sttutional, but a much larger portion consider
it oppressive and unjust and derogatory to their
rights Is not that well understood? And yet,
when people from the free States with these
feelings and Impressions present themselves in
Kansas, and show that they qualified under
the organic act of Kansas aud the laws of the
Territory to exercise the right of suffrage per-
sons, they find that the so-called Legislature
which ordered the calling of Convention have
prescribed that no man shall vote, if challenged,
unless be takes oath to support that very law,
which they knew perfectly well could not be
taken without violation of the conscience and |
honor of those who presented themselves.
Is this takiag the sense of the people of Kan
sas2 is this the mode in which the President |
would allow the people of Kansas to express |
fairly their views on the point, whether Con- |
vention should be called or not2 This was the |
only mode presented to the people of Kansas |
and this.is held out by the President to the peo-
pie of the country sufficient to entitle them |
fairly to express their opinions on the subject |
thus submitted to them. That is information |
communicated to the country
pray Senators who hear me, as they are al |
ready familiar with it, and those who are here
after to consider it, to remember the fact, that |
the President further states, for our information
that the act passed for the election of delegates
was fair in its provisions. Why does he not take
the testimony of Governor Walker and Mr.. Stan
ton on that subject2 What fairness was there
in it2 1t provided for census and apportion-
apportionment one-half the people of the Terri
tory were excluded.
Mr.. COLLAMER That objection applies not
TO the law, bIt to the execution of the law
Mr.. FESSENDEN. | know that He states, |
however, that they had a fair opportunity to act |
am speaking OF the result and inquiring whether
there was any such fair opportunity to entitle
him to consider the people of Kansas bound by |
the result which followed may have expressed |
m inco Il oil e..
for suggesting that this evil was not in the law |
The law may have been fair on the outside. That |
Is the argument; that all these laws have been /
fair, and fair opportunity has been presented |
Ny question is with reference to the opportunity;
what kind of opportunity was presented to the |
people of Kansas to settle that question? AL |
though census and apportiOnment were provi- |
ded for, IT is perfectly notorious-and we have |
testimony by which the President is bound, be-
cause 1t Is the testimony of his own officials of
Governor Walker and Secretary Stanton we |
have their testimony to the fact-that One-half |
the Territory of Kansas was entirely neglected /
and unprovided for. | will not say One-half the |
people, because, perhaps, the counties thus omit
ted might1not have been populous as the rest; |
but the President undertakes to say, sneeringly |
that it is objection that few scattered people
in the remote counties did not vote Sir, it has |
been shown that very large and important |
portion OF the Territory was not included in the |
census; and we know, moreover, as fact which |
cannot be contradicted, and has not been, that |
even in the counties where the census was taken |
large number of the people were omitted; they |
were not registered; there was comparatively a |
very small number registered in fact not one |
half the people of the Territory. That matter |
was so conducted as not to present to the ma
lority of the people of the Territory an opportu-
nlty OF being heard on the election of delegates
and yet the President undertakes to say to the |
Senate, and to the House of Representatives. and |
TO the world, in this manifesto which be has mt
forth, that here was fair opportunity presented
for the people OF that Territory to select delegates
OF their own peculiar shades of opinion to carry
out their will and desire 1t is a very cnri- |
Gus kind of information he communicates I sta |
ted that IN many respects, he had forgotten facts
notorious, and in other things he had stated as |
iActs things VIGOROUSLY untrue; and think Am |
borne out by the record in the assertions have |
mus MADE why should he speak of the COM |
paratIVely few voters omitted2 Did he know
how many there were? Has there been any
census taken of those voters in the Territory? |
Not at all Whence does he derive his informa- |
tIonf 1t is a statement without book; an asser-
uon without authority; allegation without
proof What right has he to come before the
country, and thus make an assertion which is not
upheld by any evidence from any quarter?
lie makes another allegation, which is well
worthy the serious notice of the country 1t is
in very few words, and will read it
The question of Slavery submitted 10 an election
obedience TO the mandate ofhe Constitution Here again
far opportunity presented the adherents Of the
Topeka Constitution, If they the majority TO decide
lhls eAeing question IN their own way and thus
peace To the distracted Territory but they again refused
suffered the election TO pass by default
Fair OnDOrtunitv IN decide ha ouaetion NJ