The Washington union., 1858-03-20

the constitution been referred To them uf fatlicttioh
and that they do constitute majority OF the legal voters
of the Territory What unblushng cftronteryl After
having obsnatey refused 10 recognise the laws of the
Territory after having obstinaely refused to register
their after having refused to vote for delegates
and after having refused 10 vote for on agast The cos
tuition they stand here at the doors OF your Capitol
and demand that Kansas shall not be admitted ana
that, too, because of their f,cous and rebeous con-
duct Others found opposing her admission, not only
these accounts but for the reason that Congress had
no power repeal the law which made an unconsitu
oiiai d,sc .iuiation against the stakeholder and al
though The S,prcInc Court ihs decided that the E,w Of
1854 was CONSTITUTIONAL vet this opposition still exists,
and the decision is met ~ the charge that the court ma
king it, well ns the law-nmkog power both here and
in Kansas all oJcft Yes, sir, the senator VINO IN
rduccd the bill and the President who approved IT,
have both been burned in cfgy than once for their
offences the for bringing forward, the other for
! signing, constitutional law.
! The great and paramount question now Is, however,
shall Kansas be admitted In to this question
am panied to say that recent developments have shown
that and dangerous foes are added to the list
of those who have hitherto clamored against her admS
sion. Who they aud whence do they come They
are the rarls friends OF the Kansas act who stood
by il whilst was tlcoeth, but who do not now sustain
il ia its practical results Tboy of the few northern
democrats who witlsfood the shock OF The political clc
ments the passage of the Nebraska act But they
the last in the world who ought to have bowed their
heads after the violence of the Storm had passed 1t
is only another convincing proof that the great ties
which bind us together are one by one being snapped
asunder.
But sir to the question why il it that Kansas Is to
be cjcccdl Because her constitution is not republican
in form No man has yet mrlc such an objection Do
there is not sufficient population! That - not
nrgcd Then why is it First, because there is pro
slavery clause contained in the constitution aud second
because it is asserted that there is sufficient number Of
Kansas regulators 10 vote it down For the sake of
the argument let us qtntt that thoso who advocate the
Topeka constitution Have haofits Who are they and
by what right do they before us 10 ask admission
under their constitution They the mcii Who never
Il Il al, nxtn lawn
with government they the men who went out TO
take charge OF the Revised Statutes and who, in obe
dence to the great appeal issued from this Capitol
settled in Kansas with fixed determination netcr 70 sub
NIT to your law, to any other that might be made
under it, They those who entered into solemn league
and covenant lypifr h ~ resist the laws of Kansas
though that resistance should s'btett your government
they the who set at defiance all aw, human and
divine and committed the grosscst acts of violence and
wrong upon helpless and unoifcndng people they are
the against whom Gov. Shannon marched with the
forces he could command to qucl their insurrectonary
movements they the mcn who came to Congress
asking admission into the Union under the Topeka con-
Sttutio and whose very petition believe the Senate
decided to be forgery These the against whom
Gen Harriet ordered 10 march to subduc their rebel
lion in the city Of awrcnce and the who refused
to qualify themselves voters l registering their names
who refused to vote for delegates ct upon the constitu
ton and who now for these reasons ask to reject
Kansas because they did not choose TO exercise their
franchises according to law; and than all, these
are the who to an American Congress that,
.
qucnce never have recognized This government OF
yours in Kansas and you must not have never lived
under it, for VIC have uniformly resisted its laws. We
have an inherent Iig. to make government without
your authority and have made IL under IL we have
officers and have citizens under other have we
lived and under this the Topeka government we ask
admission into the Union.
How different viii, those who represent the Iccornp.
ton constitution in 1894 yon passed an act organizing
this Territory the graft which you gave
ccpted Under it, legislature was chosen, and laws
enacted for the protection of person and property
and the population increased, they, under recon-
menation OF the late Chief Magistrate to Congress- sug
gestng that State government should he formed sub
mttcd that matter to the of the people MAORI
ty of the endorsed the recommendation, and the
legislature ordered election for delegates to consi-
tional convention All this regular and lawful what
else done! In order that only the actual residents
should VOTE they provide that person should be per
mitted to vote unless he had been resident nhaitant
for three months prior to the election and to make
surance douby sure they required that the names of al
persons living in the Territory be registered that the
armed bands of Missourans should be excluded Congress
had extended to thcn the power to legislatc upon all
rightiu subjects, and TO determine who should, at all
elections after the first constitute the voters IN The
ocisc OF this grant of power they prescribed who should
DC voters and who should not This law was constitutions
III and valid therefore binding Those who qualified
themselves under it could exercise the elective franchise
those who did not were by their act, properly
cted, and must accept the fruits of their own o~tinacy
without complaint. The convention, therefore, WIS in
pursuance of law and necessary consequence, its
ton binding aud rrevocabe, except i'll the proper
and legal mode. The constitution upon your table, sir,
is result of their ahos and with Kansas asks you
to admit her
just at this point she is met with the objection that
her entire constitution submitted to the people
| for ntiicann her is, that eighteen OF youI
thiryonc States did not submit theirs to the people, and
that eight of the States in The Union have been
admitted without this rcquircmcntC that il is unjust to
put upon her restriction before required of others
1t is then urged that the compelled TO vote
he n orr
plausible this objection may he, insist that il
should have been made bors N coaroAoa of Kansas as
reason for submitting the whole instrument but it is
question that not properly before The dele
gates authorized and instructed by the law calling
the convention to frame State constitution, but upon
the subject of submitting their work to the people they
were left untramnech and unnstruced therefore free.
Being thus clothed with sovereign powers to make n
constitution they clothed with the right to submit
the whole or part of their labors they might
determine and these questions not for to inquire
into or decide That convention, unlimited il by
legal enactment possessed all the power that it would
have had if every man in Kansas Ind been
bcr and voted upon each article and section
til the whole was complete this being true, when
that constitution made it expressed the voice and
will of the people though they had been present and
from that Judgment OF the sovereignty OF Kansas there
lies appeal If this be not sufficient answer, she
points you your act of 1854 where you expressly
secured to her the right To form and regulate her ns
buttons p her ly, and conferred upon her the powe,
10 iegislae upon all rghtiu subjects She has by gem
ponisvn and under yoE authority exercised these grants
OF power and presents to you republican form OF
government and asks you to receive her State
There be I'M oneo to her admission