Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-04-20
sPgEca uF Hot. II. Ii. I. auaTEK:
or VIRGINIA,

sPEEcH uf hoH. II. Ii. 7. aUHTEk! |,
ON The Admission Of the State of kassas.-Deiioe-sd
in The Senate of the United States, March IL,
1853.
The Senate having under consideration the BIZ 20
admit the State of Kansas into the Union-Mr. HUN
TER said:
MIR. PAFslprsr:-The question before us il M.
dnubtediy attended with difficulties. Some Of thes-
are inherent in the subject itself. but mos, Of them,
in my opinion. have been created in the heats and
party divisions of the day and by the manner in
which that suhiect has been treated. ] believe that
If the Gaze could be fairly presented to any impartial
mind, IL wsSid come to the conclusion that the Pre-.
sident had g. gested the best remedy for the Difficult
ties by which we are environed and had hit upon the
true eolution Of the Kansas problem. To test the
correctness of this position, it will only be necessary
TO examine the facts as they have occurred.
1t was In the year 1854 that the Congress of the
United States repealed that restriction which denied
to the slsveholding States Of the Confederacy equal
rights in certain portions Of the territory OF the
Union. That restriction was declared by that Con.
press, and by the President Of the United States to
be unconstitutional imperative, null and voia. The
opinion which they expressed was afterwards sus'
tanned by a solemn adjudication OF the supreme
Court of the United States, and I think l may say
that the election Of the present President OF the
limited States, and q majority OF the members al the
House of representative upon tn,s ISSUE, ahoras
probabls evidences of the fact that this opinion was
sustained by o majority of the people OF the Uplted
States. 80. !
Kansas met to elect their first Territorial Legislature.
I know that objections have been RAISED to the man.
ner in which that election was made, and l shall pre-.
,ently come to the consideration Of those ohjectlonsi
but it Is indisputsble that a Legislature was thus
elected, and not very long after its eieo,'on' II SUP
mitted 10 the people of Kansas to say whether they
would call a Convention for the purpose OF forming
a CONSTITUTION, and applying for admission into the
Union. AT that election, a majority of those who
chose TO vote, declared in favor OF a Convention
Tnon ihis. the Legislature passed another act TO pro-
vide for a registry Of the voters, and n census of tie
people; and also 10 provide for the election OF mem
bers 10 that Convention.
Again, air, at this election where all voted who
ohnse IA vote, a representation WAS elected to consti-
tnta a Convention for the purpose OF forming q Con.
s,irutiop. When this Convention met, it proceeded
IN the creation of q Constitution, and when that Con-
stitution had been formed, it submitted IL TO the poo
nle of X snsas to cay whether the provision III favor
~ slayery. which it contained, should remain In the
Constitution or whether it should be stricken out -
IN that question again, In any opinion, all who choee
to vote were allowed 10 40 So oecause u wss noie
sdontsd. they should maintain II until 1t was regular
w and legally altered. Upon that vote It was deter
mined BY a majority ofthose who did vote, that the
nrovision in favor OF slavery should be retained. After
yards a vote was taken for the election of members
IN The new government which was ordained by this
Constitution, aud upon that occasion a large vote was
rast. some eleven or twelve thousand in number, who.
| IN nply nv that ACT, gave lUtlT IlFliIr u tuls
Constitution, but who expressly declared when they
voted. that they would support and maintain 1t. II
ia trus that in the m.aniitne a session OF the Terrific
rial Legislature had been convened, TO meet after the
Convention to form a Constitution vas in session, ana
ths, tbis Legislature provided for taking the sense OF
,ha neople on the 4th Of January, in regard to the
Lecomptoa Constitution. 1t is also true that upon
that occasion a large vote is PROGRESSED to nave been
cast, by which a majority OF some ten thousand oe'
clared against THE Constitution.
Thess are the circumstances, as l understand them,
under which Kansas presents herseil mere unoer lIls
Iecompton Constitution asking Tor admission INTO
m. ITnton. and 10 that admission there are two c'AHs.
40 of nb;.ctors; the one maintain that the original
Legislature, the first Legislature which was elected
was not clothed with legal authority, BECAUSE AZ they
assert, An armed INVASION ct M'ssourians TOOK posHes'
s;nn os the ballot box, and irt.rf.red with a fair *
nrassion of popular opinion. Accounting that the nc
ZION of such a body was invalid, lh-y cay there was
mo law in the proper sense OF the term, Tor taking
ths sepss of the people "a to a Convention; there was
No law in the proper sense of the term providing tor a
registry. and for enabling them to vote for members
of. Conyeption, end that the Convention itself,
when it assembled was, therefore, without autnorty
and invalid. They have also maintained, l oeheVe,
that some of the counties were net allowed to vote,
and that, therefore, the representation in the Con'en.
ton was incomplete.
Attbis point there comes in another GLASS of objec.
tors. who deny the validity Of this Convention, be
I cause they say that it was not authorised 10 ac. oy
means of what is called an enabling act on tho pant OF
Cnnpreas. They also insist that this Constitution Ia
no, the act Of the people, because IT was not submit
ted az a whole 10y the Convention to the people
for their ratio cstion and as evidence That The
Constitution does not only express the sentiments oi
the people, but that it IL repugnant 10 their wisies
they refer 10 the fact that q majority OF ten Thousand
was cast against it, under the law passed by the Ter
ritorial Legislature requiring the sense OF The people
to be taken on The 18th ut January.
propose to take up these objections IN their order;
and, first, as TO the authority Of the Legislature. l
know that, on one side, the statement has been maze
-. -. --oo,np IF Miannf,yIQnQ tD0k UOppAG-
zion of the ballot box and disturbed the fair e1pr%
sion of opinion; but. on the other hand, 1t has bean
/, asserted that these Missourians consisted OF perstos
who had "staked out iheir elaine, AZ II was callsd
for settlement and presumption in the preceding W.
tnmn. and had returned 70 Missouri, where they could
winter, with the intention of coming back again
in the spring, when the growth OF the grass world
enable them 10 sustain their stock Srd faks posse
sion of their new homes. 1t has been sa'd that met
of thoae persons did return to kansas, and did settle
upon these Claims. That il The statement OF the sub
,nct on the other side; and | find that in the rapor'o F
the Senator from Illinois, INT. Douglass made IT,"
year. ago, upon this sutj-c ne toos mat vie" OF me
question. He aaid:
aFor the successful prosecution OF such a scheme,
the Missourians who lived in the immediate vicinity
possessed peculiar ADVANTAGES over their rivals from
The more remote portions of the Union. Each FAM.
" could send one Of its members across the line 10
mark out hs claim, erect a cabin, and put in a email
crop. sufficient to give him as valid q right to be
deemed an actual settlsr and qualified voter as those
who were being imported BY the Emlgrant Aid Booze
ties s"
In the same report be states the fact, which ia worthy
Of obssr vation, that enough members were elected to
each House of The Territorial Legislature TO consiliute
q quorum, in The opinion Of the Governor, who, as
some thought, was the only Judge OF the elections and
returns; and enough were elected to constitute a quo.
rum of each House, in the opinion OF the Legislative
Assembly itself. In referring TO the fw" reports which
were maize on that subject, he says that according to
either, there was a quorum of each House elected
without and beyond dispute.
Mr. CoLLAaER- Does the gentleman cay both reports
show that to be sol 1t is directly the other way
They were elected but they we're elected, as my re-
port shOwa, by that violent %invaeion.
Mr. HUsTER-I will quote:
80 far az the question involves the legality OF the
Kansas Legislature, and the validity OF it's acts, It IL
entirely immslerial whether We adopt the reasoning
and conclusions Of the minority or majority reports,
for each proves that the Legislature waa legally and
duly constituted The minority report establishes
the fact, by the position that the Governors certiti'
cate waa conclusive, and that ha granted certificates
70 ten out of tn. thirteen cuunclimen, and I" seven
teen out of the twenty xix representatives who finally
held their spats, which WA largely more than a quo
rum of each branch of the Legislature. The rnalnri
~ report establishes the same fsct, by the POSITION
that attsr going behind the Governor y certI1csfe, ana
carefully examining the facts, they confirmed theee
same ten coupcilmsn and seventeen representatives
in their sests, aud then awarded the seats, OF the other
three councilmen and nine representatives to the can
d dates whom they believed to have been legally
elected at the general election on the SGth of March"
Mr. ~CoLLAHER.-Tbst is not the election ] was
speaking of. The special election was only in those
districts which the Governor set aside. l speak OF
the election of the body of the Legislature iiself, the
first election of the 3tth of March. You say that
both reports then made show that there was a majority
legally -leri-d.
Mr. HUNTER II said the reports Of the majority
and minority of the Committee OF the Legislature of
Kans,- showed it. | did not refer to our
Mr.. C~oLLaaER.-I beg the Senators pardon. J
thought he alluded to the majority and minority report
of The Committee on Territories.
Mr.. HUNTER.-I said the reports Of both parties in
the Legislature OF Kansas proved this fact. The
gentleman will find il 81 stated in this report. But,
Mr.. President, this much lie certain: that the lava
passed for lhe protection OF life and property by that