Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-05-15
sPEEcH
j. j. CRTTTENDEN.
OF KENTUCKY.
On the Report of the Conference Commit
tee ON the Kansas Question.
OF KENTUCKY

In THE SENATE OF THE UNITED STATES,
april 81, 1858.
Mr.. President, wish, with as little con-
sumption of the time Of the Senate as
possible, to set forth the reasons which,
upon the fullest consideration that have
had the opportunity of giving to this sub
Ject constrain me to vote against this
report. In some respects, undoubtedly,
the amendment proposed by the commit
tee OF conference meets my cordial con-
currence. was opposed to the admis-
sion of Kansas upon the basis of the Lee
compton Constitution, because thought
that instrument not only did not express
the will Of the people of Kansas, but was
against their known will and wishes; and
moreover / thought it had been made by
fraud and political trickery. opposed,
therefore, the enforcement Of that Consti-
tuition upon the people of Kansas. That
was the main point of controversy then.
| Gentlemen on the other side regarded it
as being presented in all the forms of law,
and said that those forms Of law through
which this question had passed in the
Territory of Kansas, precluded us from
any examination beyond them. / sup
posed that forms were only intended to
promote and ascertain the truth-not that
they confined and crushed the truth, and
precluded all examination into it.
was opposed to enforcing this instru-
ment upon the people against their will,
and stained, as supposed, with fraud.
Other gentlemen took different views of
the case, and insisted upon its prompt
and immediate adoption, and the absolute
admission of the State into the Union
upon it. The committee Of conference,
in their consideration Of the subject, have
changed the views which were entertained
by the Senate at that time, and have now
agreed to abandon the Lecompton Con-
stitution, SO far at least as to submit it to
the people of Kansas now for their affirm
alton. So far we ale agreed. wis
But, sir, in making that submission to
the people, certain consequences are at
tached to it, which think, are an unjust
an improper encumbrance upon the free
right of the people to choose their insti-
tutons for themselves. In the bill substi-
tuted by the House of Representatives in
place Of the Senate's bill, there was fair
submission Of the Lecompton Constitu-
| ton provided for, and the people were
told, "if you affirm this, very well; it is
all at your discretion; a matter of choice
with you, free, uninfuenced, fair; choose
as you please; and if you choose to re-
ject this Constitution, as not satisfactory
to you, Convention of the people Of the
Territory shall Immediately be called, to
make such Constitution as is satisfactory
and upon that Constitutions being made,
and upon reference Of it to the people,
if they shall affirm what the Convention
has done, the President of the United
States, being made acquainted with the
fact, shall announce it by proclamation,
and thereafter the State shall be consider
ed as one of the Union. f.a D..
That is the bill which the Senate has
voted against. The committee of con-
ference, abandoning, as say, the enforce
ment OF the Lecompton Constitution as
an absolute one, and the admission of the
State as an absolute admission, come TO
our ground, so far as to agree that that
instrument shall be submitted to the peo-
pie. The committee Of conference say it
shall be submitted to the people; but how
submitted In the fair, open, unencum-
bered manner that il was to be by the bill
Of the House Of Representatives. No, sir.
have said that this new amendment
proposes the submission Of the Constitu-
ton. am substantially correct in that
statement. Literally, however, it is but a
| ii of ntc Of lanl MI ich
have been habitually made by Congress,
upon the formation and admission Of new
Slates-grants for school purposes, grants
for university, grants for establishing a
seat Of Government. II submits these
grants, and the condition upon which
they are made, TO wit, that the State ac-
cepting them shall not be at liberty to in
terfere with the disposal Of the public
lands or to impose taxes upon them--it
refers this formal part of the instrument
Of admission to the people. II submits
to them the question, are you willing to
take these grants Of land or not : That
is the only question TO be submitted to
the people, but by legislation conse-
quence is TO flow from their action per-
fectly arbitrary in its nature, and altogeth-
er illogical in the conclusion. If they arc
willing TO take the land, it is to be inferred
that they are willing to take Constitution
which is known to be obnoxious to them
and if they reject the grants Of land for
any reason, or without any reason, then
they are to be considered as rejecting the
Constitution. Here is side issue, or a
collateral consequence, infinitely more
important than the direct question pro-
pounded TO the people.
Now, sir, why is this? 1t is in effect,
/ grant, for ! do not wish TO stand on
mere formalities or technicalties, a SUBJ
mission Of the Constitution TO the people.
1t is a sort of feigncd issue out Of Con-
gress. That issue the people are to try.
The world, looking at that issue, might
say: DWELL, what of this; what do you
say about the Constitution; there is moth
ing here about iti" Oh, well, but VIC
will annex, by law, legal consequence,
though no man would ever think of deri-
wing il as legitimate and logical conse-
quence; and that consequence shall be,
il you take the land, you take another
| tbinu antirelv Jist;pct from ia certain