New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-29
THE KANSAS QUESTION.

SPEECH OF MR.. CLAIM Is. SOIHheNh'
pv..i N ne House q Representatives, moaesy jan 90
nrono,e Mr.. Chairman, for the b1ei period 70
which am limited by the rules, TO speak ms'niy "
that par of the annual message Of the President WHOA
relates TO the Territory OF kansas.
The sateme ns and positions thereis assumed are 70
extraordinary and, in my judgment. unsanar'e'
their chsracter and the policy therein 80 dirthct w
dca.ed il not recommended must prove 20 disastrous
IN It's consequence Il fciced into practical effect, thsf
no apology can be required il 20 me, for ea-
in 10 Them here 6nd now tue attention OF the House
and os tine country. .
BEFORE proceeding to tue discussion proposed desire.
S 10 state one or two facts which recent events in tho
Territory baye placed beyond debate. The whole
nha- If votes returned and counted as having bsea
s a, the Constitutional election held under the Pro-
,;;nol Government of John Calhoun, on the slst OF
December was 1. 7l2-as follows: For the "Costtu-
ton with slavery" e. 49, for the Constitution with
mo Slavery" 659; leaving the majority tor the Con.i-
tuition in the form II prevailed at tuat elecuon 800
or these more than half were false ana tfsadu-
lent AT the election ordered by the Territorial Leg
stature and held on the 9Th Of January, the majority
against the Constitution was 10 70
We have then Sir, the great fact that the people OF
Kansas have voted down the Lecompton Constitution
ly an oyerw helmng majority. by Nvte cf al !esst
four 10 one have the citizens OF the territory IN es
and solemn form, recorded their Juaghent ayalntu
snce the OF the present Congress entitled
~ any con siderable consideration IN the proper soul
tion Of the question presented 10 US. VA arriving
tbis poipt the whole issue Is made up.
The resul, Of the election for the Legs allure and
G. ave officers under this rejected Constitution, what
ever that result may be declared to be- in no msnner
affects the real question in controversy here.
So far ss that people are concerned, 1t may ioha-
.nce the possible Consequences but cannot relieve the
responsibilities of our action. II may aid or 1t may
hnpelessly embarrass the victim in recovering from
the wound but neither justify or mitigate the In
fiction of the blow.
AZ 70 the policy of participating in that election,
the people were not agreed. The alternatives pre-
septid were well calculated, balance themas best they
mivht TO lead to divided counchs. IL they went to
the polls they went 10 be doomed; if they staid away,
they were to be doomed. II they voted they weto
to be charged having acqulesced II they ietusee,
they were to he condemned as tactious, ana 80 oe-
~, we'd their threatened fate Notwithstanding the
difficulties by which their position was surrounded
norton of the people resolved, as measurecf de-
tense. to 60 to the pols and they did 40, with bal.
ot in one hand and d solemn protest in the other.
The strait in which they were shut up By the tender
m.rces of the usurpers, laid between Scylla and
Charybdis and they determined to venture upon the
hazard Of the passage. That the free'State candi-
dntss were elected, there is manner Of doubt.
That they will be counted out, is, in my judgment,
no less certain To make up by fraud what was want
ing in numbers was the precise reason for the CsAoun
, the great fact remains that the CO Institution has
heen voted down. That il is loahed and abhorred by
hree.fourths OF the citizens Of Kansas, Is known 10
he whole country; and the issue here and for b,
whether we are prepared TO force government upon
a people not only without their assent, but against
their express will.
The question extends higher and deeper than eny
and all mere questions Of partisan politics any and al
fundamental structure and essential principle of ree
government itself. 1t involves the original and basa
idea which underlies and characterizes American
Institutions, and upon which the Republic started
its adventure Of free empire.
We may sacrifice such to peace, TO union, and 10
oDfiicng opinion; but We may not either sacrifice
impair those elementary principles BY which, ~ .
people, are known and distinguished among mau-
Kind. We cannot do this without nfdslity to the
Of freedom and the race without blotting from
the country the great element of it, Identity preerv
Ing 1t may be, the FORM but changing the nature Of
the Government. To force Kansas into the Union IN
der the Lecompton Constitution, proposed BY the
Administration, would be to do this very thing.
Mr.. Chairman, what is this great American idea,
this vital political truth, the proposed and practical
denial of which tends to the supervision OF the Gov
ernmentl 1t Is Sir, that Government, whether State
or Federal, local or general "derives all its juet
powers from the consent Of the governed" that
all political sovereignty resided in the people that
the will of the majority is the ultimate aud supreme
power in the State; that the rights Of man are in
herent and nalenable underlined from society or any
of its organic FORMS the free bequest Of God aud not
the gift OF Government; and therefore xempt
from invasion BY any human power or authority what
soever. To secure not 10 impair these rights, Gov
ernments are instituted among men.
The doctrine to which have referred con stitnted
the platform upon which the struggle of the Rovou-
ton organized and which the colonial army was
commissioned to yiDdicate and establish. This Re
public inaugurated and rests upon il. Ii il the
simple right OF seltgovernment-the uhe rent claim of
men to construct the government to which they arc
expected TO yield obedience.
10 impose the Lecompton Constitution upon the
people OF Kansas would be plain, fragrant, aud vio-
lent breach Of this princple plain that no sophisry
obscure it; so fragrant that no considerations Of
public policy can paiate II.
j. il yonr faith and the faith Of the country set
tied and unaerable that the foundations of all right
ful empire be laid alone in the popular will Gov
eminent IL not the creator but the creature of power
OF which the people are the original and only egt-
mate source Political institutions are modes of pro-
cedurs, not objects Of pursut-means which the peo
pie originate and employ 10 achieve the ends OF social
organization, namely freedom and security And a.
the fundamental structure Of the State derives
stence and the tenure Of it's duration from the free
acton and consent OF the people, IT follows, as tho
President justly observes that 10 human power can
righuully prevent them from changing at pleasure:
but the people have the right to alter their consttu
ton, because they have right 70 make 1t. The right
to abolish is derived from and depends upon Their ear
ier and prior right to ordain and establish. II they
have no sDtecedent right to make, they have no sub
seyent right 70 change.
If you can impose a Constitution upon the people of
Kansas without their authority and against their
sent for day or q year, you may for al time. Tho
question is one Of power not OF DURATION of principle
not Of policy. You can do this only, Sir, by subyert
ing the principles Of the Government and denying the
traditional faith Of the country.
What is q constitution IN the American sense Of
such an instrument-what lie American coustitu-
tom 1t IL not only the rule of the State
originated and adopted by the people their mode Of
administering the Government, but also q Limitation
upon the power of the people self snd
self-iDposed: not an iron harness sprung upon tho
limbs Of a commonwealth by foreign despotsn or
an internal faction. If there is anything upon which