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

OF
j. j. CRITTENDEN.
OF KENTUCKY.
The Admission Of Kansas into the Union
under the Lecompton Constitution,
DELIVERED
In THE SENATE OF THE UNITED STATES,
March II 1853.
The Senate haping under consideration The bill to
admit Kansas into the Union as State
Mr.. CRITTENDEN said
/ feel how inadequate am, Mr.. President, to
add anything to the various arguments that have
been employed OH this subject during the long dis
cusson through which we have passed; and yet
should not perform my duty, according to my views,
if omitted to express my sentiments and feelings
on the subject before the Senate. do not intend
to occupy your time with exordns, Mr.. 1Her;yht
of the people to govern themselves is the great pri,s-
ciple upon which oar Government and oar insti
tutioas all depend 1t seems to ME that this great
principle is involved in the present subject
The President of the United States communi-
cat to us an instrument called the constitution of
the people of the Territory Of Kansas, and he has,
with unusual earnestness, advised and recommended
to us to admit Kansas under that constitution, as
State into this Union. The question, as it has
presented itself to my mind, involves an inquiry
as to the matters of fact bearing upon this instru-
ment of wiring, and whether these authorize to
regard this instrument as the constitution of the
people of Kansas. Is it their constitution? Docs
it embody their will? Does it come here under
such sanctions that we are obliged to regard it.,
ought to regard it, as the permanent fundamental
law and constitution Of this new State2 do not
think it comes with such sanction, or ought to be
regarded as the constitution of the people of Kan
sas Sir, shall not occupy your time long on this
point.
What are the evidences that it $50? 1t is made
by convention, to be sure, called under the au-
thorty of an act of the Legislature of Kansas. 1t
is made by delegates regularly elected by this peo
pie, and primd fdcie it would appear that il had
the sanction of the people of Kansas; but think
there are evidences of higher character to show
that it is not So that it is but in appearance con-
stitution, and not in reality.
In the first place, the fact is established beyond
all controversy that an overwhelming majority OF
the people of Kansas opposed to this instru
ment as their constitution. The two highest oli
GERS of the Federal Government lately there under
appointment from the President of the United
States, Governor Walker and Secretary Stanton,
| both assure us of that fact upon their personal
knowledge. That is high evidence to establish the
fact that it is against the will of overwhelming
majority of the people upon whom it is to be i'm
/
posed as constitution.
That constitution in part was submitted to the
people shall not stop now to inquire how it
was submitted, whether fairly or not. A part Of
it was submitted, however, and, upon vote taken
by the people on the clause thus submitted, it
received six thousand votes, and a little more.
These are the sanctions with which it comes to
I us. To this extent, it would seem to have the
popular appreciation. But sir, when you come to
look lit further into the investigations which
have taken place in that Territory, t appears that
of those six thousand votes, about three thousand
/ were fictitious and fraudulent. That is reported
to us by the minority reports of our Committee on
. Territories; that is verified to US by the procla-
nation issued by the President Of the Council and
the Speaker of the House of Representatives of the
Territorial Legislature of Kansas. These high Off.
cials, who were invited by Mr.. Calhoun to witness
/ the counting of the votes which we're returned to
( him. certify from their personal knowledge that
I more than two thousand of the three thousand
/ votes which were given at three precincts in the
! counties Of johnson and LeavenwOrth fcti-
/ tious votes / only call your attention to this in
order that it may appear truthfully who il was that
7 approved of this constitution.
That vote was taken on the 2lst Of December.
Before that vote was taken, however, Lcgisla.
ture, which was elected in October last, and which
met on the call of the acting Governor Mr.. Stan
ton, in December, passed an act postponng that
vote from the 2lst Of December to the 4th Of JAN
uaiy. On the 4th Of January, under the provis-
ions of that act, a question was takeo upon the
constitution itself broadly II provided that the
question should be taken upon the Leeompton
constitution with slavery, upon the Lecompton
constitution without slavery, and generally upon
the constitution ITSELF Upon that ccrasion, over
ten thousand voted against the constitution; and
the Legislature Of the Territory Of Kansas have
passed resolutions unanimously protesting against
the reception by Congress OF this instrument rs
the constitution Of the State declaring that IL was
obtained by fraud and that it has not the sanction
or concurrence of any, except small minority OF
the people. This is the substance of their reso.
lutions.
Now, | ask you, sir, upon this evidence, as q
Judge, to say whether this is the constitution Of
the people Of Kansas or not2 whether the cvi
dence before you is that il is an instrument sign
flying their will and declaring that general and per.
mapent law upon which they wish their govern.
ment to be foundedS Unless you shut your eyes
to the vote taken on the 4th Of January here i
a direct popular evidence and protest against the
constitution and even supposing the whole OF
the six thousand votes which were given for il on
the 2lst Of December 10 be rue aud real votes,
fairly expressed il shows that there were ten thou.
sand other people in Oh Territory Of Kansas who
are opposed to this Instrument and who have lcgit.
solemn act Of the Legislature Of the Territory pro
testing against it. These are recorded evidences as
much so as the constitution itelfis record, having
the same legal sanctions and the same legal tide tc
our faith and our confidence. How are you, in
law, to make any difference between these testi
monials TO say that you will give effect TO and
will reject the other; that you will give effect 70
that which testi6es for the minority of the people
aud will reject that which testies for t majority
Of the people; that you will accept that which was
first given, and reject the last expressions Of tho
popular willY
Ii il these lat expressions OF the popular will
that ought TO govern on every principle, just as
much as that former law must yield to a subsc
quent law in any point OF conflict between them
The last evidence then, is the vote OF the people
on the 4th Of January, Of ten thousand against IL
and the evidence neatly cot,mporaneous with that
are the resolutions Of the Legislature Of Kansas
protesting and imploring you not TO accept thi:
instrument, that il is a fraud and an imposition
upon them. | want to know why il is that thi:
evidence is not entitled to our consideration ant
TO have effectg The President, IL seems to me
has given us a most unsatisfactory reason. The
President says that in recommending the adop
ton of this constitution to us, as implied in the
admission Of the State, he has net overlooked tho
vote OF ten thousand against the constitution given
upon the 4th of January; be has considered IT,
but he holds IL, and he holds the law Of the Terrific
| rial Legislature under which that vote was taken