The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-04-01

tuition, with right to regulate their affairs, wa
stood here to reject it. He said, that while the
people were calling for assistance, we were
voting against the measure proposed, to which,
he argued, there was no objection. That is Q
very lawyerhke argument and very shrewd
it will not deceive Senators. We all under
stand these little policies that prevail here.
will say no moro about that bill. 1t is thing
of the past; let it 60.
l. THE CONVENTION
am not IN condition TO prolong this de.
bate great while, and therefore shall pass
to the next phase of the matter. You say the
Legislature authorized Convention. They
could call it; there was nothing wrong about
it; but contend there was no authority about
it. They called Convention. Now, this is
the position assume, and invite attention to
it from any part of this Chamber, from the
most eminent lawyers in it: If the Territorial
Legislature had no authority to call Conven-
it real legal validity then, when they called
their Convention, it was perfectly optional with
the people to comply with the act or not. 1t
| was mere voluntary call on them, not author
ized by Law, inviting them to vote for delegates
to frame . Constitution under which they would
live. ~. ~ 49,
This act having no binding authority of law,
it was at the option of every man to do Just as
he pleased about it. If he went, it was well
enough. If he failed to go, you could not de-
nounce him as having done anything wrong,
because there was no law compelling him to
60. 1t was q mere invitation from an irrespon-
sible power, to come up and aid them in doing
certain act. That is all the shrewdest law
yer can make out of it. So we strip you even
of the technically of law, upon which You seek
To dan fhar 10 Of sc 4 ~sr~Et &C
| selfgovernment. Your technically has failed
you. 1t is not even necessary for US to go
| back, and show your Legislature to be arrant
usurpers and enemies to the great mass of the
people there, as they were. We may if we see
fit, denounce you as rebels with as much rea-
son as you have denounced US, because you
got together without authority of Law, and
sought to frame Constitution under which
you would live.
The President has said, over and over again,
that this was done by authority of law, that the
people had perfect right to 60 and vote, and
that ii was their duty to GO; and that if they did
not go, they were in default. he said it was
all fair. Now, Sir, take no pleasure in saying
that the President, at the very time he made
this declaration, if he was not blind, deaf, and
dumb, must have known that it was not true.
If he had read the communications that were
sent to him constantly from that Territory, by
its Governors aud its other officers, he could
not fail to have known, at the time he made
this declaration, that in one-half of the counties
no census was taken or record made of the vo-
tiers, and the law required that as a condition
upon which q man should vote. No man need
rise and tell me here that that is not So because
l will face him down with authorities that he
cannot overcome. l have the law that required
the registry; have the law that required the
census to be taken. The question is, was it
taken2 If it was not taken, why was it not
done? Governor Walker says it was not taken
for no fault of the people there. He says, in
some of his letters, that it was not taken in
many counties, because there was no pay provi
ded for those who should do it, and they would
not do it for nothing; and in other places, the
people, suspecting that it was all a trick and
fraud, were reluctant. But that was no excuse
Ion never have taken a census of the United
States where there were not vast numbers of
people who were most strenuously opposed to
it; and on iDquiring, your deputy marshals, as
they go round, were frequently chased out Of
the houses by the women with broomsticks,
thinking, probably, that the object was to levy
tax on them. Would that be any excuse for
not taking q census? You find one or two
men who are reluctant or opposed to it for any
reason. Can the President plant himself upon
a solitary objection like that, and say it was an
excuse that the people would not submit their
names to be registered? If man would not
comply with the law, if he would not give his
name when he was asked, he would be no gen.
tleman, grant you bnt you could not convict
him of any crime for not doing it, and certainly
you could not deprive his neighbor, who was
perfectly willing to give his name, of his rights.
You indulge in these generalties you say that
a, B, @, or D, went into country, and Tom,
Dick, or Harry, said, II will not have my name
registered" and then turn about and say the
people can lose their liberties by default con-
sequent on such proceedings as thesel Sir, it
is arrant nonsense, come from what source it
may.
The fact was, that the people could not vote
if they would; and, in great many instances.
would not if they could; and commend them
for it. The experience they had had in that Ter.
ritory had shown them already that it was mere
empty mummery to vote, for votes did no good.
Cincinnati directories and candle-box returns
have been infinitely more potent than the real
votes of the inhabitants of that Territory. What
good would it do them to vote2 You had al
ready taught them that there was purpose to
be accomplished, and, if votes would not an
swer, Cincinnati Directories, forged returns,
anything, would be resorted to; the thing would
The American people are supposed to be
shrewd people. They understand pretty well
Peter Funk auctions. Once In q while, green.
horn gets taken in, but the great mass of the
people will not be taken in by them. But the
President of the United States has set up and
devised schemes as shallow, as fraudulent
yea, as infamous as that; and he supposes the
people of the United States are going to be
defrauded by such nefarious means as those.
Sir, he will end they will not work. They
would not work in the days of the Revolution,
and much less will they work now.
TERRITORIAL ELECTION
Well, sir, 8 Legislature was elected shortly
after the time these delegates were elected to
frame Constitution. You attempted an OUT
rageous fraud then, in order to carry the Legis-
lature. Your Oxford and Delaware Crossing
frauds were resorted to. have the evidence
of them all here. Nobody doubts them. There
is not man here who will rise and soy that it
is not the truth that these frauds were open,
palpable, notorious, and understood by every
body. Governor Walker investigated them,
and said so. De even went up into one of the
precincts where these frauds were committed
and found that it was impossible such vote
| could have been cast there. He found the peo-
| PIE amazed that any such pretences should be
made; and be found that the names of your
best men, whose names were notorious, known
all over the country, were on the voting lists
because they did not seem to have great facil-
ity in inventing names. They seized upon all
/ the gfest names of the country, and placed them
upon their tist. Governor Walker took the
returns OF johnson county and others. He
seemed to ponder oyer that subject little !;
and / am sorry that he did. am amazed that
any man, in any section of the country, the very
moment that he found that such gross, insult