Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-05-01

into the Union as State. But unless such a case
OF overnling necessity can 1be made out, maintain
enough to say ~ opposition to this measure
that there is no application made TO us by the peo-
pie Of Kansas for admission into the Union under
this Constitution. ts. =, aLl
Having disposed of this point, as the Senate has
already determined that it will take recess until
seven o'clock request that as but minute inter-
venes between this and the appointed time for taking
the recess, they will do the favor take II now
The Senate then took recess until seven o'clock.
EVENING SESSION.
The Senate re-assembled at seven o'clock P. M.
Mr.. BELL continued as follows: regret that the
speech of the honorable Senator from Georgia was of
such character and tenor as necessarily compels
me to go more into detail on this subject than had
supposed would be proper, after the very full nvesti-
CATION and discussion which has already taken place
on most of the material points connected with it. u
Unless this bill, when it is put to the test of final
vote shall assume some different shape, shall be
compelled to cast my vote against it; and after what
has been said by the Senator from Georgia. feel it
necessary To make record of the facts of this case
as understand them not spch record as l can
hope will stand rs long as society lasts in the Ian
gImge OF that Senator but such think will stand
the scrutiny not only Of the present but of future
time.
/ need say but little in regard to my position In
| relation to this subject now or heretofore | will
say, that l may claim to be impartial between the
parties that divide upon it. owe no allegiance to
either of them nor am swayed by any pride of con-
port the measures that may be regarded part and
parcel of the original movement Of the repeal of the
Missouri compromise. The honorable Senator from
Georgia treated this question directly connected
with the Kansas Nebraska act of 1854 The contest at
| this time he regards involving principle and a
policy embraced in that act did not believe after
examining that measure maturely and looking at it
In all It's aspects that it would eyer bring any solid
benefit to the South never impugned the motives
OF honorable gentlemen who took different view Of
the subject but did not believe that it would lead
TO the permanent establishment of any principle of
| any practical advantage to the South but, on the
other hand, that twond prove injurious to Southern
| interests. Think so still .-"..l
With regard to the present difficulties, lay down
as basis OF my conclusion as to what ought to be
done, that the solution of itwhich promises the speed
lest termination of this dangerous slavery agitation
Is the true one. This dangerous agitation has con-
tnued long enough. There has been no mitigation
walls Of apparent repose but it was just such repose
as foreboded increased disorder and commotion 1t
| Is time to terminate IL. .' "'a
The question is, what is that solution which
promises the speediest and most permanent remedy
for these difficulties? Divine that to me, whoever
can, and will follow h S lead How shall we cut
this Gordian Knot of Kansas polticsS Shall we cut
1t by the sword? Shall we first subdue the rebellous
faction SAID to exist in Kansas by arms, or shall we
attempt to unravel this tangled skein by some more
peaceful means! The President assures us that the
best and believe am warranted in saying, from
the language of his message the only mode by which
this dangerous slavery agitation can be queted and
peace be restored to the whole country is to admit
Kansas under the Lecompton Constitution; or, at all
events that to adopt this will locaze agita
ton, and leave the country and the Halls of Con.
gress free from strife upon this exciting subj ct
i The President furthermore appears from the
tenor OF his message, to consider that Congress is
under an obligation binding it in good aith TO admit
Kansas under this Constitution. He states this prop
osion IN his message, that the organic law recog-
nised the right of the people of the Territory with
out an enabling act Of Congress to form State Con-
All tlnn - a. ..,l..- r.. M
ton then is that this is Constitution formed in pur-
suance of authority derived from the organic law of
Kansas, enacted by Congress. He adds, that it is
impossible that the people could have proceeded with
more regularity in the formation of State Constitu.
tion than the people of Kansas have DONE"
La another passage of his message he speaks of
this Constitution AS having been "fairly submitted
for the ratification Of the people" Hence the con-
clusion that 10 reject the application of Kansas b be
admitted into the Union under these circumstances,
would be violation of plighted faith. Ii is also
said that such rejection would be justly considered
rs an outrage upon Southern rights and feelings in
asmuch as the only objection that can be taken 20
this Constitution by those who would reject it, is that
IT recognises slavery. That is the position assumed
by the President and those who support his policy
upon this subject, with this addition that we have
no right TO go beyond what appears ON the face of
the Constitution and the official authentication of The
public acts and proceedings ich led 10 its forma-
non ana subsequent ratification by the people; and
that whatever irregularities frauds may have oc-
CURED OF been practced, connected with its forma-
ton or ratification altogether foreign TO the qnes-
| ton before us and 80 Of the question which has
Seen raised as to whether majority of the people Of
Kansas approve he Constitution or not All such
inquiries are repudiated irrelevant Such is the
issue made up and presented the part of the sup
porters OF this measure On the other sde il is said
that the BccomptOn Constitution has been formed in
pursuance Of no legal authority that the organic act
vested such power in the Territorial Legislature
that Il docs not reflect the will Of majority Of the peo-
pe that great irregularities took place in the election
dg IN
Constitution not fairly submitted 10 the peoplo
for their ratification; and upon these grounds they
say would be an outrage the rights of the pco-
pie OF Kansas to impose this Constitution upon them
Now, how are the factsp Has this Cons tuition been
formed in pursuance of legal authority derived from
the organic act Of Congress- This understand 10
be the main pillar which the argument rests that
Congress Is bound to admit Kansas under the Le-
compton Constitution, without inquiry as 10 the truth
of any alleged irregularities frauds connected with
It, or as 70 whether the majority Of the people ap
prove IL or not.
noticed that my friend from Georgia argued thep,n
era question todayon the assumption that that act did
give 10 the people of Kansas the power b. form Con-
stituion but he afterwards said that Congress was
| not bound TO accept the Constitution when formed
under such authority though he did contend that
Congress would be bound, provided il had passcdAn
enabling act and the people Of the Territory had ac
cepted and acted under it. If Congress would not be
bound TO accept Constitution formed under Terri
tOria authority, derived from the organic law what
| not contain the power claimedp II the power is
given by the organic law il is in the place Of an ena-
bling act, aud would be just as binding on Congress
when the people Of Kansas accepted Il as would be
an enabling act accepted by the people of the Terri
| tory. With all due Difference and respect 10 the
opinions Of the honorable Senator from Georgia and
the President Of the United States thHk there is
pretext for the assumption that the organic law OF
the Territory conferred any such power as is claimed
If it did, the organic laws of Utah. New Mexico and
Nebraska conferred the same power on The people of
those Territories for the language is identical in all
| those laws. The Kansas organic law after desert
bng the boundaries Of the proposed Territory pro-
| ceeds 10 declare that "the same is hereby erected
! into a temporary Government, by the name of the
Territory Of Kansas; and when admitted as a State
or States, Of dvided the said Territory or any por
ton Of the same, shall be received into the Union
with or without slavery, their Constitution may
prescribe at the time Of their admission"
The organic laws Of New Mexico. Utah and Ne
braska, contain similar provisions without the varia
| ton Of n word.
make no account Of the other clause in the Kan
sas organic law, which provides that its true in
tent aud meaning was, TO leave the people TO form
their domestic institutions in their own way because
| | agree with the Senator from Georgia, that that
gives not one ot Of power which not given to the
| people OF the Territories Of Utah, New Mexico and
Nebraska, by their organic laws The authority given
in those acts 10 the Territorial Legislatures extended
to all ughtful subjects Of legislation subject TO the
| Constitution of the United States" Why was the
| peculiar language / have adverted 10 EMPLOYED in