The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-03-04


there any possibility of disputiEg the assertion,
and did he not know it Had &c not read those
Constitutions Had not his at sntion been call
cd to them2 Does he never refH newspaper
Is he not aware Of whs Il tram pirinR before the
country every day, and Is admif ed a. q fact be-
fore and by the people Of the q untry2 1t is a
matter of establishment to me- tat a man occu-
plying that eminent position, peaking to the
country in q State paper, speak hg in the face of
papers which are TO go upon tn record, and by
which his truth, or his aeglect it, may be ad
judged, could hazard his fame on an assertion
so utterly destitute of f,undatio 80 entirely OPP
posed to fact, as this assertion.
He follows it up by the renal that they had
a fair opportunity to settle the question of Sls-
very. They could only vote, nj to reject both
these Constitutions, or one or u other, but they
could vote to choose between 10 two, provided
they would previously take a oath that they
would support the Ctsstitutiin which might
have the majority of the votes. A man opposed
to Slavery, believing it to be w ong, believing it
to be unwise, believing ID TO bt curse to the
people among whom it exists, presented with
two Constitutions, and told tbs he may vote for
one of them, provided ae will take an oath to
support that which he believes IN his secret soul
to be wicked, and at aLy rate g believes to be
disastrous to the community in which it is estab-
lished and this is submitted O the word of the
President on these facts as a eesentstion fairly
of the question of Slavery to tb sm, not only with
reference to the question press nted, but to the
mode in which they were to ac upon and deter
mine it. think it requires .sonde yful degree
of courage in any man, especis y man holding
the position which the PRESIDE At Of the United
States holds, to make an assertion thus unfound-
ed in fact
But, sir, he offers us some n, Nedies he offers
the people of Kansas remedies. He tells us that,
after all, if they do n2t like .he Constitution,
there is no difficulty in getting i'd OF it; that is
to say, that the Constitution ay be changed.
Does he not know, do we not ! now, Is there a
man among US who does not understand, that
when that Constitution is once fastened on the
people of Kansas, it is next to apostolic TO get
rid of it for series Of years, al hough a majori-
ty may exist against it, except b. violence What
have we Witnessed We have seen the votes of
two thousand FIVE hunered peot le-for Secretary
Stanton says that is about the number-or, at
most, three thousand people-D favor ofSlavery,
outweigh and override she vote of ten thousand,
or twelve thousand, or fifteen ,ousand people,
do not know how many, but four, or five, or
six times as many. We have. seen this result
over and over again, produced y the act of their
officials. How easy is il for Inscriptions men
to control the polls, having the authority which
has been exercised by those isen there here
tofore; and is exercised now IL Mr. John
CalnOun anu MS ASSoClhtes An got MAORI
ties as he has obtained them re emily, how easy
will it be for them, when in losses non of all
the forms of law of watch the HONORABLE Sen
ator from Georgia Mr.. TooNBs, has ,oken, and
in possession of the Governm' ut, b control it
still
Let us look at the operation o, it for . moment
A Legislature is to be elected The judges of
the election have control of tn polls. the ind-
viduals DESTROYS of producing certain result
have control of the election; they record the
votes; they return the votes; they make any
number of them, as theS have ade any number
of them. What chance is thers the.,, to obtain
a Legislature which will submit the question of
a change of the Constitution to he People And
if it is submitted to the peopkl wits the same
men having control of the poll who had it be-
fore, or men actuated by the sans principles,
what opportunity presents itself for a fair vote of
the people on it2 The only r me65 is revolu-
ton and the President knew VIXEN he sug-
gested the idea of changing the Co. stitution as
a remedy The only renedy is the last resort to
arms and physical force and wl'a csance would
the people of Kansas hove then TIE Governor
or the Legislature calls upon be hef Magis-
trate of the nation, and states ~ hit that there
is domestic insurrection in Kar gas. The troops
of the United States, Of which my friend from
New York is so ready to vote an pcrease, are
under the control of TIE Pres lent and at his
of suppressing that insurrectioa. That is the
result? What opportunity, l six again, would
the people of Kansas have unGer those circum-
stances to rid themselves, by change of their
Constitution, of that which had been thus forced
upon them2 None.
But the President makes ano DER very singular
suggestion, one which shows lis great regard
for law, and his great knowledge of the princi-
Piles of law. He suggests, as y remedy to the
npla of Kan hot affar ha hour. into
the Union as State, they VII then have the
power to punish those who hav 'comunitted these
frauds. 1t is very much like 81 utting the stable
door after the steed is stolen, you can do it
but this is the first time | hs ee ever heard it
by the Chief Magistrate of the nation,
that an ex post tdcto law coulS be passed, and
persons punished for conmittinf frauds for which
there was no punishment at tn time they were
What, sir, here arr frauds commit
ted in the Territory of Kansas, md ~ President
tells us that it is very easy u ges ,lOng with
them, because, after 20 are adj hitted as State,
you may punish the pIrsons W 10 have commit
ted these frauds | should liki to know Of my
honorable friend from Louisit IA, SIR. BENyA-
MIN, with all his scuteness q I'd knowledge of
legal and constitutional princip es in what mode
he would set about to do it1 If yoa could do
it, it would afford but q very ,oor satisfaction,
after the whole evil for which the fauds were
had been consumms ed.
The whole argument Of the Pr sideaz is founded
on the idea that all the proce dingS in Kansas
have been legal on the one sis aa6 illegal on
the other | propose to examt ne thbt position.
If you read the message of tn. President care
fully, you will see that that is he outline of the
whole. 1t was the argument IF the honorable
Senator from Georgia, Mr.. Tt oxBs, the other
day. that here was legality on The one side and
illegality on the other; and that, having these
two to choose between of courfe he fuust sustain
that which was legal. How does the President
to establish it2 In Che frat place, he
asserts that the orgaiic law establishing the
Territory was in itself an enat>ling set. l sup
pose that might as wall leave this point to the
examination of the hor orable aenatee from ILL
nois, Mr.. DOUGLAS. He viii des; with it,
have no doubt, when the tiDle CO les but |
think he must have be, as mUc h 81 prised as
was, when he found Il President sserting, in
plain and unmistakablt, language, tn t there was
no need of an enabling act from G, ngress, be-
cause the Kansas organic Law lisa { provided
one The idea is new. / never ht ard it sug-
gested until it was hinted at by the honorable
Senator from Missouri on pseviop occasion,
and he did not seem to make muc of it but
the President has taken il up. | sh aid like to
know of any Senator here, whether ne idea, as
thus presented, is not one that come upon him
by surprise, on the authority from WI ch it ema-
mates on this occasion.
Now, wish to read this clause Of 3e message
for another purpose, because there i, something
remarkable about it:
That this law recognised the right of h aeonle of The
Territory, without any enabling act from Congress 10
form a Constitution is TOO clecf for = amen, For
Congress to leave the people of tbs Terri ry perfectly
irce IN framing their COnsiu 10 forSand regulate
nes aSmes,e institutions - their osn wsx subject only
that they should be permitted 10 0roceex and frame
Hon . IN their own waT, wiiho authors
Iaa