The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-11


He did hope that by this bill all objections would be
removed; and that this State ready rush into
arms. would ., be fspalsed because q 1s absence q som.
indispsnsabl Ibid, lois
| It is no answer to say that the question in
the case of Michigan was not, as in the case of
Kansas, whether the people had the right to
pass upon the Constitution before Congress
should approve it, and admit the State under
it. The question in the case of Michigan in
Guided this and more; the question there was,
whether the people, of their own motion, and
without the aid of statute, National or Terri
torial, could make Constitution, preparatory
could receive and approve /; and it was solemn
ly, and by the votes of more than three-fourths
of the Twenty fourth Congress, decided they
could-that the action of the people without
an enabling act was an informally which
Congress could waive, and in that case did
waive. 1t is indisputably true that the people
of the Territory may themselves waive the
formal ratification of the Constitution, after
their delegates shall have framed it; and in
such case may we'll be held bound by the acts
of their agents But in this instance, the peo-
pie of Kansas have not 80 waived their right.
| I know that it has been assumed in debate
here by the gentleman from Mississippi, Mr..
LAMAR, and that the message of the President
proceeds upon the same assumption, that the
Lecompton Convention was legally.consti.
tuted body, and that the legal presumption is,
that what they have done has been lawfully
done, and is the will and act of the people Of
Kansas whose agents they were.
| Sir, nothing can be clearer than that the lie.
compton Convention was not q legally-consti-
tuted body that the Legislature which enacted
the statute by which the members of said Con-
venton were elected, was itself an illegal body,
fraudulently chosen and that their statute was
not so executed, even if it had been valid, as
to give legal effect to the election held under it.
| But, admitting the assumption of the Pres-
dent and his especial advocates on this floor to
be true, that the Lecompton Convention was
lawfully reconstructed body, the legal presump-
ton that their act is the act of the people of
Kansas cannot stand before the admitted and
KNOWN FACT, that very large majority of the
ton, and the Constitution presented by it, and
are to-day ready to 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 ad-
mtted facts. l say, therefore, admitting the
President to be right in assuming the legality
of the Lecompton Convention, his asserted
| legal presumption against known facts cannot
be gravely entertained, and must be secuted
by every well.informed man, as the veriest
bubble, in aid of the most desperate cause.
Despite this bubble and the force of this legal
presumption, it must be conceded, it cannot be
gainsayed, that the delegates who formed the
Lecompton Constitution were not chosen by
the majority, but, on the contrary, by q very
small minority of the people of Kansas; and
that 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, emphati-
cally repudiated and condemned by an over
whelming majority of the people of Kansas.
And yet, in the face of this fact, patent to all
men, the President, and his party on this floor,
demand, that Congress shall fasten this repu.
dated instrument upon the people of Kansas
as their legitimate act, and thereby coerce
them to acquiesce in it and accept it as the
expression of their will. You call this popular
sovereignty; call it Federal usurpation and
Federal despotism and, before / give this pro-
posed act of Federal tyranny my voluntary
sanction, either by word or vote, may my right
hand forget its cunning, and my tongue clesve
to the roof of my mouth.
But, sir, it is asserted by the President that
"the question has been fairly and explicitly re.
ferred 10y the schedule of this instrument) to
the people, whether they will have Constitu
ton with or without Slavery" With all due
Difference, submit that the very contrary of this
is the truth, and so clearly expressed on the
face of the Constitution as to silence all con.
troversy. The seventh section of the schedule
contains the provision for the submission of the
question of Slavery, and the only provision; it
is as follows:
"[7l SEC. = Tha, ,h. Constitution shall be submitted
the Congress of the United States ensuing
session, and official information has been
ceved that il is by the same by the admission
q o. me nj The esof
the United States the President of this Convention shall
at the of Government within thirty days after
publication Should any vacancy occur by DEATH iesgns
shall order election fill such vacancy: Provided
hoUerer in of REFUSAL absence, disability of the
President of this Convention 70 discharge the duties here
venon shall perform said duties and in of absence
refusal or disability of the President PRO e,npore com
mittee consisting of seven, majority of them shall
discharge the duties required of the President of this Con-
venhon I'LL Before this Constitution shall be sent to
be submitted all The white male Inhabitants Of this Ter
ritoy, for approval or disapprovai, as follows The
President of this Convention shall, by proclamation,
declare that the 2is day of December 1857 at the diff
ferent election precincts now established by law. or
which may established herein provided, in the Ter
ritory of Kansas, election shall be held which
shall preside three judges or majority of them, TO be
appointed follows: The President of this Convention
shall appoint three commissioners in each county the
Territory, whose duty shall be appoint three judges
of lection in the several precincts of their respective
counties, and establish precincts for coting, and
polls be opened such places they may deem proper in
ton framed by this Convention shall be submitted 10 all
the white male inhabitants of the Territory Of Kansas in
the said Territory upon that day, and over the age of
twenty years, for ratification or rejecon in the fol-
lowing and form: The voting shall be by ballot
The judges of said election shall 10 be kept two
po-books by clerks by them appointed. The ballots
said election shall be endorsed Constitution with
Slavery Constitution with Slavery One of said
poll books shall be returned within eight days the
President of this Convention and the other shall be
tanned by the judges of election and kept open for
specuon The President, with more members of
this Convention shall examine said pobooks, and if il
shall appear upon said examination that majority of
the legal voes cast at said election be in favor of the
Constitution with Slavery he shall Immediately have
the transmitted to the Congress fthe United States
hereinbeiore provided But If upon such examination
said pollbooks il shall appear that majority of the
legal said election be in ofthe Consu
with Slavery then the article providing for Slave
ry shall be stricken from this Constitution by the Presi
dent of this Convention and Slavery shall longer exist
in the state OF Kansas Except that the right of properly
in slaves now in this Territory shall in manner
terfered WITH and shall have transmitted the Consu
ton so ratified TO the Congress of the United States, as
before provided In of the failure of the Pres
ident of this Convention 10 perform the duties imposed
him in the foregoing seetion by reason of deah
resignation, Otherwise the duties shall devolve
upon the Presidentpr pro tenpore"
Can it be said that this is fair submission
to the people, whether they will have Consti.
tuition with or without Slavery? l do no more
than call attention to the extraordinary and
unf fair provision that the President of the LIE.
compton Convention, Mr.. Calhoun, is to ap-
point three commissioners in each county
which three commissioners shall appoint three
judges of election in the several precincts of
their respective counties and shall also estab-
lish precincts for voting, and cause polls to be
opened at such places as they may deem proper
in their respective counties the result of the
election to be determined by Mr.. Calhoun andtwo
other members of the Convention. Amarvellous.
ly far provision for election, to provide that
one of ffty usurpers shall, by his agents, open
the polls and conduct the election in such man.