Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-04-19

CsislOn vas ACTUALLY smaller tflaHl II was few
days after in the election of State officers In
the election last fall. for Territorial Legis-
lature, there is evidence of fraud; and there
appears to have been fraud, to some extent
in the election on the 4th of January. But
these elections, it must be remembered had
no connection whatever with the adoption of
the constitution: and in the latter case par
ticularly, there is reason to believe that the
frauds are as likely to have been committed
on one side as on the other Ii is curious 10
observe hor0 ready certain gentlemen are TO bliere
any charge Of fraud against the Laac-abiding men
Of the Territory. and hosc sIo0 they are TO see that
the tdu-resistfqg, revolutionary men, trho hare
committed SO many outroges hare erer rinLd at
fraud
Why, sir. this cry of ''fraud" was COM
menced by the anti-slavery men here in Con-
gress on The passage of the Kansas-Nebraska
bill, and it has been kept up ever since That
bill was itself called fraud. When the first
Territorial Legislature was elected, it too
was declared to be fraud. though no proof
was ever offered to show it; and Governor
Reeder himst If even certif, to the correct
ness of the returns. indie, d, the census taken
at the tine shows that there large ma
Jor.ty OF Southern voters ia the Territory, and
no necessity for fraud on the part of the pro-
slavery men,
Mr. Chairman, | call attention to the fact
that at that point of time there was a majority
of Southern men there, by the official census
of the Territory.
Mr.. BLAIR. / ask the gentleman how he as
certains that?
Mr.. ZoLLICoFFER. understand it from a
passage in the report of the L publican i'll
vestigating committee. at the last Congress.
1t quotes the census taken month before the
ell, ction.
Mr.. BLAIR. That there was a majority of
pro-slavery men there?
Mr.. ZoILICoFFER. That there was a MAORI
ty of Southern men there.
Mr.. BLAIR. Well that is a very different
affair.
Mr.. ZoLIIcoFFER think there are very
few men from the South such as the member
from Missouri.
Mr.. IIAIR. That is a matter OF opinion.
Mr.. Z0LLICOFFER. Then if it is a matter
of opinion you need not have interrupted
me.
When the Congressional Delegate was elect
ed-whcn the second Territorial Legislature
were electod-in short, in all elections, except
those hold without authority of law, or und r
the Top ka constitution. this cry of FRAUD"
has been kept up, until there are really hon
est and good men who have had their minds
mslcad with the lief that the constitution
was carried by frauds. l think there is no
evidence Of this that ought for a moment
10 shake our conclusions upon this ques-
ton.
The assumption that the vote on the 4th of
January, taken under a so-called law of the
| II rTitorial Legislature. upon the ratification
of the constitution. is evidence that majority
! Of the people are opposed to the constitution,
! is quite erroneous. That law was itself
| nulIity and the L gslature that enacted it had
! no authority whatever to intCrmeddle with
| the constitution. The election was conducted
/ alone by the Free-sOil party. and we have no
+I,,, +lr,
/ ten thousand votes cast were not spur Gus.
! \ comparison of the number Of votes cast
! with those cast at the same precincts. at other
! elections, strongly indicates this. There Is
| reason to suppose that many Of those voters
| were G.rmaus. who are not citizens of the
! United States. | have heard it said that there
are 800 or 1000 German aliens there. who
| are not entitled to vote, but who are among
! the most noisy Of the men that follow Lane,
and sustain the Topeka movements Of those
| who are disturbing the peace of the Territory,
! and endeavoring to run honest men out of it.
| But the constitution had already been adopt
! ed, and the whole work finished. before this
! vote was taken. Every stop had been regu-
! larly taken. The sense of the people had
! been ascertain, d, by ballot, in favor of con-
! vcntiOn; the convention had been called and
| the delegates had been elected by the people.
! with Instructions to make a constitution;
tn Sc d, legates had accordingly made con-
| stituti0n. The only question which had pro-
! duced division had been SUBMIT to a pOpu-
| lar vote. and settled according to law; and
! the time and all the circumstanc $ had trans
| pred, when, according to the lett of the i'll
! strument its IT, this constitution shall take
! effect and be in force" How. then, could a
! Territorial Legislature subsequently, inter-
| pose process to aunul the constitution II
! that Legislature could do so. so could those
| which may come after it; which assumption
| places the Legislature at all times above the
! sovereign power. which is comp tent to make
and unmake constitutions. Such an asSump-
! ton would at any time place it in the power
of the Legislature to deprive the people Of
constitution by mere accidental legislative
majority; and if put in force in the State
governments, would soon render durable
| written constitutions as changeable and I'M
| certain as the statutory laws
1t has been obj cted that, in the final vote
! upon the constitution, on the 2lst of Decem-
| bur, the voters were r,quir, d to swear that
| they would support the constitution, when
! adopted. This, it is said, a great hard
! ship upon the free-State men. ] do not so
understand it, if they were really law-abiding
men. They were then themselves deciding
| the question. 10y their votes, whether il was to
| he free or a slave State. If they held a
majority, they could make it free State,
and cbeerlully support it. If they had not a
majority, and it were made n slave State
| against their votes. still. in justice. they
should have been willing TO support it. 1t
! was at | asst "a hard uro1 one side as upon
| the her. A. Lane slen. who had so vio-
| lent 10y resisted AL government but that inau-
| gurated at Topeka, 1t was hut just that they,
] too, if tn Y voted upon the constitution,
| should be required to swear to support il
when adopted. Their past conduct had made
this emnently proper,
Complaint is also made. that the schedule
! to the constitution provides that all who are
in Office shall hold their offices and all laws
| in existence shall continue in existence. until
changed by laws enacted undl r the State
| constitution. Yet such a provision as this is
almost universally incorporated. in the several
/ States. on the adoption of a new constitution;
and it Is wis ly done to guard against any
/ arrangement, incident to a fundamental
! change of government.
The truth is, that when gentlemen say they
will never vote for the admission of another
slave State into the Union, they do hut Law
bare that leading sentiment which prompts a
majority of those who oppose this bill. Thy
are wholly unwilling to give TO the instiiu-
lions of the South fair and equal chance in
| the territories which b, long in common To all.
| When the South agreed in 1870. 20 the draw
ing the line Of SO deg. 80 min. for the sake Of
| p; ace and compromise, the North did not be-
come satisti. d, but the very next year. by a
majority of her representatives, voted to v:o-
late it. From that day to this, never has been
an instance in which a slave State has asked
| for admission iutO the Union. whether north
or south of that line, in which Northern men
have not opposed il, on account of slavery,
regardless of that compromise; compromise
| that prohibited slavery north OF SO deg.
30 min. and gave no security for its estab-
lishment ,outh of that line. The North was
unwilling &c extend that line to the Pacific or
to give the South any respite from the stru =
gle 10 restrict slavery south of the line VIII re
| it had been established. Hence, in 1850.
MN HIM AZ III 3.