Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-05-22

L
by any fiction or by any technicality which could
prevent the full scope of your justice and your rea-
| son over the whole subject.
| Therefore, sir this state of preparation Of the
Territory Of Kansas for admission into the Union
has no effect The argument is not applied; the
fact is merely stated that there is state of prepa-
ration, and there it would be necessary to stop on
any doctrine !, for, in my own judgment, no argu-
ment can be made even of any ordinary plausi-
bility TO show that the state of preparation re-
strains the people of their natural and ndefeasibe
| right and their legal right proclaimed by you,
to form with perfect freedom their institutions
before they come into the Union. There is no
technicality about it.
| Here it seems to me- applies that great princi-
1 pie to which | adverted at first that the people
have right TO gouern Themselves. mean, of
course, in subordination to constitution and law.
This people had no constitution, could have no
| constitution, while they remained in territorial
| dependence; and when the act of the Territorial
| Legislature was passed requiring vote to be
taken this proposed constitution, they had full
authority to pass that law. Their hands were not
| bound Here was great act about TO be done, an
act TO bint~she State, to give IL character,
| to give il new institutions, to put upon It con-
stituton-that panoply of the rights of all. This
was the great act to be done; it is an act which
| none but the people can do through themselves or
their proper representatives. 1t is in all cases di
! recty or by reference the act of the people, The
laws which they establish are not of that transient
| character which can be made to-day and repealed
to morrow. They are made for permanency. They
the great immutabe and eternal truths and prn.
ciples on which all government must rest. They
are expected to be permanent The people dele
gate to others the power of passing temporary and
| repealable laws They reserve to themselves the
great right of passing those which are permanent
and can only be repealed by themselves.
Was it not Of consequence, was Itnot OF import
ance to know the will Of the people, whether they
really did approve of this constitution which was
about to be offered to Congress- law which,
| when Congress puts its inprimatar on it by ad-
| hitting the State, is to be permanent? Would it
be any harm to take the vote over and over again,
so long as doubt remains? Cong ress has the
| poUer What objection could there be to it? You
may say +" 1t is an unnecessary care OF the peo-
Piles rights; you have had their decision once !;
therefore, it is not necessary to have it again !"
but out Of abundant care, and abundant zeal you
may choose to take it again and again. and ascer
ain whether there may be change variation in
the public opinion Who can say aught against
it? Do you object to it because it is taking too
great care of public liberty, paying too great re-
spect to popular rights Nobody will take that
ground
But it may be said you might delay the apnli-
cation to Congress by these repeated elections
You must avoid that as far as you can. In
| this case it has not delayed it. In this case
this vote was taken before this constitution Came
before you while it yet slumbered in the hands of
President Calhoun. No objection can be made,
then that this was made the cause of, or intended
mel ely for the purpose of delay The result shows
that il was necessary and proper The result shows
that notwithstanding the vote of six thousand,
in favor of it, there were ten thousand who were
opposed to it. / say, therefore, this is not the
constitution Of the people OF Kansas. 1t may in a
certain sense be constitu ion offered by the con-
vention TO the people of Kansas; but which the
people of Kansas by ten thousand majority have
rejected, have as lawfully rejected in the last VOTE
as it lawfully approved by the six thousand first
voting in the preceding December.
| say, then, Mr. President, upon the record evi-
dence, upon all the evidence, this is not the con-
stitution Of the people of Kansas 1t is not the
constitution under which they desire that you
shall admit them into the Union. Now, will you,
against their will, force them into the Union under
constitution which they disapproves That is
tho question. You know the fact that ten thou
sand against six thousand are opposed to the con-
stitution. You know that by the act Of their Ter
ritorial Legislature they entreat you not to admit
them with this constitution. They tell you, more
over, as one Of their reasons, not only that they
disapprove Of the whole constitution, but that it is
particularly hateful 20 them because the votes given
for it, or apparently given for it. were, to great
extent fraudulent and fictitious. The Legislature
tells you that nine-tcnths Of the people there are
opposed TO il.
Now, would il not be strange, that under these
circumstances, we should, without any motive for
il that know Of as the common arbiters OF all
Territories and States TO the extent Of consti-
tutional power, force her into the UnionY What
motive can we have, what right motive, with the
knowledge Of these facts, TO force her into the
Union, and TO enforce upon her this constitution
cannot feel myself authorized to do such thing.
OF course do not impugn the motives and the
views Of others, who, taking different view, act
from impressions different fIom mine They act
upon one view, and upon another; but viewing
the subject as do il seems TO me that TO do this
is plain, unmstakable violation Of the right OF the
people to govern themselves
l have eIideavored TO show you sir, that this
is not the constitution OF the people Of Kansas
according 10 the recorded evidence Of their will
IL seems 10 me- furthermore that this constitution
is a fraud. IL is not only not their constitution
according to their will but il is got up aud made
in fraud, to deprive them Of their rights believe
that and | think IL can be shown.
The President of the United States has furnished
us an argument on this subject and it has hee1
oftentimes repeated hele in the debate-of course
a plausible aud ingenious argument, rs all must
admit even those who deny the soldity OF the
| reasoning. w Hab Is Tue HFEuHtHLE lut Itsi
dent says that the sense Of the people was taken
and proved to be in fqvor Of calling a convention
The convention was called; delegates were elected
those delegates made constitution; that consti
tuition was submitted to the people in part, and
approved by a vote Of six thousand, taken accord
ing 10 law. Well, all these you will observe, con
sttute tissue, long series Of little egalities, reg
ularitics, and technicalitics and the reasoning o
the President Is founded on technical points on
each Of these facts. You must admit all the facts
Yes, sir, the facts are all true and if they alone
constituted the case the conclusion would be faiI
and right that this constitution has been regularly
made; that this constitution has been sanctioned
by the people as well as by the convention. But
is there more in the case than this There il
great deal more in the case than this.
When frauds have been alleged and charged
against this government Of Kansas, gentlemen say
"Ah, but these frauds were in other elections
these frauds do not particularly and specifically
touch this constitution, or the proceedings which
led to this constitution" But suppose there were
frauds in relation to IL: It not something If show
you that in regard to that part Of the constitution
which was submitted to the people to he ratified
by thcm and which was nothing until the peopl,
had ratified IL even according to the constitution
ITSELF there was fraud in that election, and abun
dance Of fraud SO garng, 80 impudent and &c
fearless bad frauds in elections become there, tina
upon that very poll list in one Of the precincts,
IL I. - n-fa- H.