Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1858-02-11

/ au tuaDlinI h~ts &fDf 10 uettu u ueces
sary that there should be an enabling ac
The Tweniy,fouth Congress, By a mo-
decisive vote, so decided; and among
those Of that Congress who 50 declared
both by speech and vote, the presen
Chief Magistrste. Nr. Buchanan, was con
spieuOus. Pending the question for th
admission Of Michigan upon a CoDsiitu
ton msde BY the people, without any sC
Of Congress or Territorial act authorizinl
| 1t, Mr.. Buehanah spoke rs follows:
"Ibe precedent in the case Of Tsnnesse
has completely sileneed all opposition i
regard 10 the necessity Of a previous act Z
Congress 10 enable the people Of Michiga
to form a State Constitution. Il noy
seems 10 be concedel that our subseouen
appreciation is Equivalent 10 our previou
action. This eau no longer be doubted
We have the unquestionable power c
waving any Irregularities ia the mole Q
framing the Constitution bad any such ex
isted. "-l2 Congressional Debates, pD
IOi1, lO42.
"lle did hope that By this Till oil oh
jectious would be removed; and that tbi
State, so ready to rush into our arms
would not he repulsed, because Of the ab
.sence Of some formalities which perhap
were very proper, bat certainly not indis
pensible. ibid, 1915
Ii is no answer to say that the question
in the case of Michigan was not, as in th,
case Of Kansas, whether the people haC
the right to pass upon the constitution be
fore Congress should approve it, and ad
NIT the State under it. The question il
the case Of Michigan included this anC
mo e; the question there was, whether tht
the people, Of their own motion, and with.
out the aid o: statute, national or terrific
rial, could make constitution preparatory
to admission into the Union, which Con.
greSs could receive and approve; and il
was solemnly, and by the votes of more
than three fourths of the Twenty-Fou
Congress, decided they could-that the
action Of the people without an enabling
act was an iufornaEty which Congress
could waive, and in that case did waive
1t is iudisputably true that the people Of
the Territory may themselves waive the
formal ratification of the constitution, after
their delegates shall have framed it; aud in
such case may well be held bound by the
acts Of their agents. But in this instance,
the people Of Kansas have not so waived
their right. | know that it has been as.
sumed in debate here by the gentleman
from Mississippi, Mr.. Lamar, and that
the message Of the President proceeds up
on the same assumption, that the Lecomp-
ton convention was legally constituted
body, and thst the legal presumption is,
that what they have done has been lawful
ly done, and is the will and act of the peo-
pie Of Kansas, whose agents they we're.
Sir, nothing can be clearer than that the
Lecompton convention was not legally
constituted body; that the Legislature
which enacted the statute BY which the
members OF said convention were elected,
was itself an illegal body, frauduleuty cho-
sen; and that their statute was not so exc.
cuted, even if it bad been valid, as to give
legal effect 10 the election held under it.
But, admitting the assumption of the
President and lis especial advocates on this
floor TO be true, that the Leeompton con.
vention was lawfully constituted body:
the legal presumption that their act is the
act of the people of Kansas, cannot stand
before the admitted and KNOWN FACT, that
a very large majority of the people Of Kan
sas wholly repudiate the convention and
The constitution presented by it, and are
to-day ready 10 take up arms in resistance
Of it, and of any government which may
be established under it.
There is, there can be no presumption,
either legal or natural, contrary to known
and admitted facts. | say, therefore, ad-
mitting the President to be right in assu-
ming the legality Of the LecomptoH con-
vention, his asserted legal presumption
against known facts cannot be gravely en-
lertained, and must be secuted by every
well informed man, as the veriest Quibb!e,
in aid of the most desperate cause. De.
spite this quible and the force of this legal
presumption, it must be conceded, it can.
not be gainsayed, that the delegates who
formed the Lecompton constitution, we're
not chosen by the majority, but on the
contrary, by very small minority Of the
people of Kansas; and tha: it is as we'll
known as the fact that this constitution was
made by The delegates thus chosen, that it
has been, and is now, emphatically repudi-
ated and condemned by an Overwhelming
majority of oil the people Of Kansas. And
iet in the face Of this fact, patent to all
men, the President and bis party on this
1oor demand that Congress shall fasten this
'epudia:ed instrument upon the people of
Kansas as their legitimate act, and thereby
,oerce them to acquiesce in it and accept
t as the expression of their will. You
'all this popular sovereignty; I call it Fed
sral usurpation and Federal despotism; and
before ] give this proposed act of Federal
tyranny my voluntary sanction, either by
word or vote, may my right hand forget
is cunning and my tongue cleave to The
'oof Of my mouth.
But, sir, it is asserted by the President
hat "the question has been fairly and ex-
plicitly referred (by the Schedule of this
uatrumeut) to the people, whether they
will have Constitution with or without
Slavery" With all due Difference, sub
nit that the very contrary of this is the
truth, and so clearly expressed on the face
of the Constitution as to silence all coutro-
versy. The seventh section of the sched-
ule contains the provision for the submis-