The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-03-25
CONCLUSION OF THE KANSAS DEBATE TN
TILE SENATE
THE VOTE ON THE BILL.

! the
into the Union " ->"'''>
Mr.; Green proceeded to reply to the various
speeches that had been made against this bill n
iao Deen said on the other side that the friends OF
the bill had been driven from the nositions az
sumed In the report which he had the honor to sub
NIT but not single position in that report had been
mentioned which its friends had abandoned These
general charges and general allegations would not
do for the Senate of the United States: they wouId
not 90 for a court of justice; they would not even
40 Tor the stump and the hastings. In discussing a
measure, 1t should be met on the true nuastons In
vowed, and not preudiced by broad and unsupport-
| ed assertions Pl''
He had not heard any argument which would lead
nm 10 change single one of his positions; not a
point in that report had been called in oues;on b,
any senator who had spoken in opposition and the
only objection which had been made was bv the
senior senator from Vermont Mr. CoHamer, who
took exception to the language harsh and CEN
SERIOUS, because the opposition party in Kansas
were characterized as rebels and contumaeious and
as standing in opposition to the government. IF
tne facts would not justify that accusation Mr.. G.
; ne wouia take 1t all back; but every charge
with regard to the character of the opposition in
Kansas was sustained by official evidence presented
IN the report from which there could be no escane
~ was worthy OF remark, however, that while the
senator from vermont was condemninp the lam
guage OF the report harsh his own coIIeagna had
made speech in which there was more denuncia
t0n ana severe language than had occurred in the
whole OF this debate beside
told
and over and again that the constitution ougbt 70
emoody the will of the people. Well nobody dis
puted that, either in Congress or out of CONGRESS-
every one agrees that all constitutions ought to
empoay the Will OF the people; but upon the oues-
tons how that will should be ascertained and what
steps are to be AIKEN to express that will in legal
manner, have arisen all the difference between the
nlenaS ana opponents OF the bill. The friends of
the bill contend that the will of the peopIe is local
~ expressed by the delegates whom the people
eject and clothe with power to act for Them and by
the popular vote taken in accordance with that ac-
ton; but, on the other hand, it is commended that
the will of the people is to be learned by the action
OF an irresponsible mob, or vote taken without
legal authority, and all on one side
MI. G rePiled IN forcible and conclusive man.
ner TO the allegations respecting the disfrancbise
ment OF hall the counties in Kansas and the vote
against the constitution the 4th of January.
mere were the strongest for believing that
arge part OF the ten thousand votes cast on the
! iourtn OF January were spurious and fictitious: but
| even II we assume that this was not So and that
they were all real votes, it would be subyersiye of
an tne principles upon which our government rests,
TO recognise that vote as having any effect upon
constitution which had already been completed and
finally acted upon. The Democrats in the Territory
refraIned from voting because the matter settled
and they determined to stand upon their rights but
this principle of taking over and over again
recommended by the Senator from Kentucky, mr.
Crittenden,) would not do. No doubt Col. Fremont
would like to have the vote taken over again on the
presidential election; doubt every defeated par
| ty would like to take the vote over again; but
when matter is once decided, it is the duty of all
good citizens to acquiesce in the result until anoth
er opportunity is legally presented for testing the
question. He showed that there had been no frauds
10 such an extent as to nullify these elections in
Kansas; frauds, to some extent, were committed at
every election, and were to be expected long as
human nature was imperfect He also commended
that Senators had no light to consider whether the
free State ticket or the pro-savery ticket had been
elected; they were only to look at the constitution
to see whether it was republican in form, and not
| result n
AS to the right of property to which allusion had
been made by the senator from Illinois in anmad-
vertlng upon the Washington Union, Mr.. G. said he
would state his views. He believed that all men
| (meaning white mem were created free and equal.
that they were endowed by their Creator with GER
tain inaienable rights and that among those rights
were life liberty, and the pursuit of happiness The
pursuit OF happiness includes the acquisition of pro-
perty. These being inalienabe rights a man cannot
part with them, nor can they be taken from him. In
forming political communities and establishing gov
ernments, these governments possess only so much
power as the people choose to confer upon them and
IN no case any power nalienable rights If the
pursuit OF happiness is an inaenable right gov
eminent can never possess it; man himself cannot
part with lt-much less can the majority take it
from the minority Then the right of property is
before and above any constitution. He had right
to go into Kansas and carry slave or a clock or
any other article of property, and the votes of all
the other men in Kansas could not deprive him of
his vested right in that property No man could
be despolled of his rights by numbers; he might be
oppressed and trampled upon, but his inalienable
| rights remained. But in the of free State
alter the community have fit to abolish slavery
II man goes there with his slaves he does it with
his eyes open; he is not deprived of his rights but
he torfeits them voluntarily.
Mr.. Crittenden briefly replied to some illusions
! Whlch mad been made to him in the speech of Mr.
! Green: He disclaimed any desire to build up the
republican party; but he thanked God that he had
reason and conscience to point out the path of duty
and courage enough to pursue that path
T, Green Withdrew Of oh l.
had formerly given notice, in regard to admitting
Minnesota and Kansas together, saying that al
though he was friendly to the admission of Mime
sofa, he thought it would expedite the public bust
ness to pass upon each case bv itself MIR. G. then
moved to strike out the preamble, and insert the
| following:
.'Whereas, the people of the Territory of Kansas
did, by convention of delegates called and assem-
bed at Lecompton on the 4th day of December 1857,
for that purpose, formed to themselves a constitu-
tlon and State government, which said constitution
is republican, and the said convention having asked
the admission of said Territory into the Union as
State on equal footing with the original States"
The motion was agreed to-
Mr.. G. then moved to amend the bill by adding
after section two, line nine the following:
"And that nothing in this act shall be construed
to abrdge or infringe any right of the people
ted In the constitution of Kansas at all times to alter
REFORM or abolish their form of government in such
manner 1, as they may think proper-Congress hereby
dlsclalmlng any authority to intervene declare
the construction of the constitution of any State,
except to see that it be republican in form, and not
In conflict with the constitution the United States
| follows:
~ 1EAs.Messrs: Allen, Bayard, Benjamin, Biggs,
Blgler, Bright, Brown, Clay, Evans, Fitch, Fitz-
patrick, Green, Gwin, Hammond, Houston, Hunter,
Kennedy, Mallory, Mason, Pearce, Polk, Pugh, Sc
bastian, Slidell, Thomson of New Jersey, Toombs,
Wright, and Yulee-3l
NAYs-Messrs. Bell, Broderck, Chandler, Clark,
Collamer, Dixon, Doolittle Douglas, Durkee, Fes-
sender, Foot, Foster, Hale, Hamlin, Harlan King,
Seward, Simmons, Stuart, Sumner, Trumbul
Wade, and Wilson'S.
ABSENT OR NOT vorING-Messrs. Bates, Cameron
G NJ paws, Henderson, lverson, Reid, and
Thompson of Kentucky-8.
MIR. Cameron said that he had paired off with Mr..
Davis.
Mr.. G. also moved to strike out the word "of''
IN the eleventh line of the second section, and to
insert in lieu thereof the words ''annexed to- so
that it will read-'nothing in this act shall be con-
strued as an assent by Congress to all to any of
the propositions or claims contained in the ordinance
agreed to.
MIR. Pugh withdrew the amendment of which he
had previously given notice, and moved to add the
following to the bill as new section.
SEc 4. And be 1t further enacted That from and after
M admission OF the State of Kansas herenbefore pro-
vided all the laws of the United States which are not To-
cally inapplicable shall have the and effect
within that State in other States the Unon the
said State hereby constituted judicial district of the
Witnln winch with the
powers and Jurisdiction district the United
States for the district of Iowa. shall be established
judge attorney and marshal of the United States for the
said district of Kansas shall reside within the same and
snail De entitled to the compensation the judge
attorney and marshal of the district of Iowa"
The motion was agreed to-yeas 81, nays I9-as
follows:
YEAs-Messrs Allen, Bayard, Bell, Benjamin,
Biggs Bigler, Bright, Broderick, Brown, Clay,
Crittenden, Evans Fitch, Fitzpatrick, Green, Gwin,
Hammond, Henderson, Houston, Hunter, Iverson,
johnson of Arkansas, johnson of Tennessee, Jones,
Kennedy, Mallory, Mason, Pearce, Polk, Pugh,
Sebastian, Slidell, Thompson of Kentucky, Thorn
son of New Jersey, Toombs, Wright, and Yuee-