Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1858-03-04
Senator Douglas Minority Report
On LecomptOn

j Ell COUesfdi1to 10 AltiinOlu my asSP1
from the conclusion to which the MAORI,
of the Committee have arrived, tor the req
son that there is no satisfactory eviGenc
that the Constitution formed at LecomproI
is the act and deed of the people of Kan
sac, or that it embodies their will In ab
sence of all affirmative evidence, and il
opposition to the overwhelming majority O
the election of January 4th, 1858, it i
argued that the Convention was ~cnnstitu
ted with full authority 10 orjaiD a Consti
tuition and establish a government; conse
quently its proceedings must be presumed
TO embody the popular will, notwithstanding
its being overthrown by most con elusive
evidence to the contrary. AS the right o
Congress to accept The Constitution depend:
upon the assumption that its proceeding
were Technically regular, it is necessary Il
inquire whether it was duly constituted anC
clothed with full power for ordaining a Con.
stitution End establish ing a State Govern.
ment to the preceding Acls Ct Congress.
Did the Terrific. ial act of Feb. 10, 1857,
have the effect of authorizing the Convention
to substitute a State government, for the Ter.
r~itOrial!
The Committee in..their reports have held
that the sovereing power of a Territory is
held in allegiance by the National Govern
ment in trust for the peple until they shall
become a State. and that this power cannot
be transferred 10 the Territory without CON-
sent of Congress. The Kanzas-Nebrask
| mot iruastaJ tho l. 90 tho T.- al
the right of seli-government in obedience
to the organic act, but did not authorize
them to annul that act without consent OF
Congress.
The President seems to think that the
Kansgs-Nebr 1ska act authorizes the people
Of the Territories or any portion of them to
form a Constitution at any time without
authority from Congress, suspending the
authority of the Territorial Legis allure. at
least to the extent OF depriring it of the
power TO submit a COnst tuition to the peo-
pie before it should b. deemed the act of
the people. Neither the provisions of the
act, nor the understanding of it's authors
support this position.
President Pierce held no such theory
In 1856 he sent in a special message to
Congress, recommending an Enabling Act
as a remedy Tor existing evils in the Terri
tory.
The Committee on Territories, to whom
this message was referred, were of the
opinion that the recommendation of the
Presid mt furn shed the appropriate mode Of
satisfactorily adjusting tie questions at is
sue. and SO reported, thus indicating that
they, as well as the Chief Magis rate, did
not recognize the righ, of the Peep # a
Territory containing but few inhabitants
to form at pleasure a Constitution and State
Government. The House of Representa-
lives. however. refused 10 comply with the
Presidents recommendation.
That the Senate were of the same opin-
ion is evident from The passage of the En-
abling Act for The people Of Kansas, July
Cd, 1856. No Senator who had voted for
the Kansas-Nebraska Act voted against
the Enabling Ac., ana none opposed it, on
the ground that the Organic Act was suffi-
Glen, to authorize the people Of a Territory
to ordain a Constitution at pleasure.
The Kansas Legislature, by the act OF
February 10, 1877, did not and could not
confer upon the Lecompton Convention the
sovereign power OF orda;nlng a Constitu-
tion. in place of the organic law passed by
Congress. The Convention, conscious OF
want of power, seek to supply the d~efcien-
cy by referring the Constitution TO the peo-
pie at an election on the 2lsi Of December,
''for ratification or rejection" with a pro-
vision that "this Constitution shall take
effect and be in force from and after It's
ratification by the people" From this, it
is clear, that the Convention did no. openly
assert the authority to ordaln the Constitu-
tion by virtue OF inherent sovereign power,
but referred its ratification to the people,
under the superstition that the popular will
expressed through the ballot-box might IN
ton, the Territorial Legislature interposed
its authority by passing a law. providing
for holding the election on the 4th of JAN
uary. The reasons for this were
/. That the mode of submission prescri-
bed by the Convention was unfair, render
ing it impossible for the people to reject it.
2. That the mede of submission did not
fully present the question of slavery or no
slavery.
g. That the convention possessing no
Legislative power, it could not provide pen
alties for illegal voting.
4. That by the schedule of the Cousti-
tuition the management Of the election WAS
taken out of the Territorial officers.
The election of the 4th oi january result
ted in the Reputation of the Lecomptoa
Constitution by a clear majority of lO,Oe4
votes. Notwithstanding the legislative act.
fixing On the 4th of Janusry as thu day of
election, the friends OF the Lecompton Con-
s~titution held an election on the 2Ist of
December, under the pretended authority
of the Convention, which resulted in a ma
jorty OF 1914 votes, cast for that Consiiru
tion, "with slavery" More than half this
majority was cast at very sparsely settled
precincts OF the Territory, and without
doubt was fraudulent. Assuming, however,
this election to have been fair and valid,
though not conducted according TO law, on
comparing the returns Jf the two elections,
indicate a majority against the Lecomp,on
Constitution, of 4,49O, casting out the
votes declared fraudulent bv the presiding
officers of the two Houses of the LegiSla-
ture, we have a majority of 5000, or four
10 one OF all the legal voters of Kansas in
Opposition to the Constitution. The Pres
ident asser!s in his recent special message
that the election of the 4th of January was
held after the Territory had been proposed
for admission as a sovereign State, i~nvolv-
ing the strange inconsistency of voting
against the Leconpton Constitution, while
recognizing its valid existence by voting
under its provisions. BY what authority
had the Territory been thus prepared for
admission into the Union! Not by author
iiy Of Congress. Not by authority of the
Territorial Legislature. 1t is a peculiar
doctrine that a Territorial Legislature may