Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-04-24
SPEECH
HON. JAMES f. SIMMONS,
OF RHODE ISLAND.
n the Admission of Kansas und

On the Admission OF Kansas under the
LecomptOn Constitution,
In THE SENATE OF THE UNITED STATES,
March 20, 1853.
Mr.. SIMMONS. Mr. President, / always feel
some embarrassment in attempting to address the
Senate upon any question but the Importance of
this, and the protracted discussion it has already
undergone, make this one increasingly embar-
RAISING. There is nothing connected with it
which has not already been commented upon with
80 much ability that an endeavor to add more
appears to be an act of temerity. / have no dis
position to repeat what has been said upon the
topics involved in this question of the admission
Of Kansas into the Union as State, and shall
therefore, find the most difficulty, in what have
to say, in trying to avoid repetition Of what has
been said by others; and should not address the
Senate at all but for the fact that the question is
of deep interest in the State l. in part repre-
sent here; and our Legislature having passed reso-
lutions of instruction. may expect some remarks
as an accompaniment to the vote shall give in
accordance with those Instructions.
may here say, that the difficulties surround
ing this question, although seemingly so threat
enDg, are all, in my judgment, capable of peace
act-as trust all of us are disposed to do-hon.
estly and right, and the matters can easily be
settled. l can add nothing to the powerful ap-
psals made to the Senate to do this, by the dis
tinguished Senator from Kentucky, [Mr. CRIT-
TENDEN, and the distinguished Senator from
Tennessee, Mr.. BELL This question involves
the American doctrine of self government; upon
which / regret to witness diversity of opinion
in this Chamber. A number OF Senators on the
other side only admit that the people have right
to be well governed and to secure this, they con-
tend that the forms of law only are to be observed
and regarded while on this side, it is contended
that the people have the right to govern them
selves, and that they shall enjoy this right sub
stantially, viewing the forms of law as the means
of securing that end and that if the end be not
accomplished, the forms are worthless. There is
great diversity of opinion, and equal unanimity
of votes with the advocates of this measure as to
the meaning of "popular sovereignty" The SEN
ator from South Carolina Mr.. HAMMOND de-
nounces it as populous; or populace sovereignty,
kind of mob-rule, with which he will have no.
thing to do.
The true doctrine upon which our institutions
rest, as laid down by the Father of his Country
is, the will of the majority authentically ex-
pressed
ask Senators to examine all the proceedings
in relation to the formation of the instrument
before us, and the constitution itself, and
then say If, in their judgment, there is, in the
whole series of acts, single expression of the
will of the people of Kansas authentcally made.
There is nothing authentic about these proceed
ings, from the origin of the Territorial Legisla-
ture to the last act of this Kansas Convention.
The fountain was corrupted at the outset, and it
has sent forth nothing but bitter waters and the
sooner we dismiss it. and remit it to the people
of Kansas, for settlement under Legislature
now chosen, and admitted to be the first elected
by the people of the Territory, the sooner peace
will be restored to the country.
The Senator from Missouri Mr.. PoLKl said
that, by the first census taken in Kansas there
was a majority there from the Southern States,
which showed there was no necessity for an in-
vasion from Missouri to carry the first election,
and furnished strong presumptive evidence that
no such invasion was made. That Senator must
recollect that Mr.. Tor General) Atchison, of Mis-
souri,, in letter to the people of the Southern
States, complained that the emigrants they had
induced to enter Kansas from the South, when
there, nearly all turned against the project Of
making Kansas a slave State. These emgrants
were not shareholders and if not, although from
the South it their interest to have Kansas free.
Exciting political questions are, they will not
entirely control men, and induce them to vote
against their interests; and IL it be true that a
u. a r. II. Al
the knowledge of the fact that these very South
ern emgrants we're in favor of making Kansas a
free Territory may have been the occasion for the
invasion for the Missourians saw il would not
answer their purpose to let even Southern smi-
grants settle the question for themselves.
/ have listened to this protracted debate, and
still am unable TO see what authority this first
Territorial Legislature had to take the sense Of the
people as to whether they wanted State consti-
tuition or not The Senator from South Carolina
has said that this body was elected merely to Or
ganize territorial government: all have said that
it was contemplated that when there should be
sufficient inhabitants they should apply for admis-
sion as State. Does any one pretend that by
the act authorizing territorial governments in
Kansas and Nebraska, which are said not then to
have contained four hundred American citizens,
the first Legislature of Kansas had any power,
either by that statute, or by the common law Of
this country, to take steps for forming consttu-
ton and State government at its very first session.
II that Legislature had been legally chosen, It
would have been act Of usurpation, on their part
thus to attempt TO control the future population Of
that vast region considering the fewmen then in it.
1t is insulting the common sense and understand
ing Of the people to contend that the first band
who should hop into the Territory could at once
mould and determine the institutions for the future
people Of that Territory when there should come
to be sufficient to make State government and
ask admission into the Union. | believe their pro-
ceedings began without authority have been car
ried on in all stages without precedent, or au-
thority of law; and what is still worse, in my
opinion, without the slightest intention TO do right
know that this Lecompton constitution estab.
fishing slavery in Kansas, is made the exciting
question now in this country; but there is ques-
ton underlying this, which gives IL its import
ance-that is, question of power, always an
angry one. II is question whether power can