Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-04-21
SPEECH OF Ron. C. READY,
OF TENNESSEE,
On The admission Of Kansas into he OnisH; dsiOerss
n The House Of Representatives, March %, 1858.
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(coEcLUDED.)


son, l suppose, that the registry an ample pro
lection But If il be conceded that fraudulent
votes were cast the fact would not in legal phrase,
be cause for challenging the array, or setting aside
the verdict Of the jury anuulling the convention
and avoiding its acts. any more than it would give
cause for annuling the present House of Represent
taEives, OF declaring its acts void, because illegal
votes may have been cast in the election Of its mem
bers; thing which probably occurs 70 some extent
in every popular election. Nor would It invaidate
the election Of an individual delegate unless the
legal votes he received were not greater than the
number Of legal votes received by his opponent
Even then, if he permitted to take and hold his
seat it would be too late 10 raise objections after
the labors of the convention we're finished, and the
constitution would not thereby be 'spoited a7ih cor
ruDt1on." Moreover, it would not be for those to
invalidate an election on the charge Of fraud who
refused to vote, and far they could prevented
others from voting and did all in their power to pre-
vent an election. We are not to be misled by the
cry Of stop Ltisf!"
Was there any fraud in the action of the conven-
ton after it assembled? We're there any delegates
family elected and excluded from their seats ! DID
any Of the delegates violate pledges, and dsceive
their Constituents Was any article or section sur
Teptiu0usly inserted in the constitution have
not heard Of any Of these things. And if the con-
stitutiOn sOied with fraud and corruption, where
is the proof?
fourth objection is, the constitution was not
submitted to the people for their Of approval
dsapproval answer, il was not necessary to sub
nit the entire instrument. There is principle IN
in the theory of our Government, no constitutional
or municipal law, establishes, positive, aud re-
cognzed rule and there no mandate to the con-
vention from the sovereign people which was imper-
/ alive upon them to submit any portion Of It for
| adoption or rejection by their votes 1t was not
! contemplated by the Legislature by which the law
/ for holding convention was passed over the Gov
! errors veto. It could not have been contemplated
- III thnvv ole
convention or they would have then made an express
/ sion of their wishes. There had not been uniform
rule Of practice established by the action Of other
| States About as many had come in under consti-
buttons submitted to the approval of the people
! as under those submitted. Several Of the States
had held conventions and revised their constitutions,
/ which they did not submit to the popular vote. In
/ other cases. when they were submitted, the returns
/ OF the votes showed large portion Of the people
did not take interest enough to vote, and they were
i adopted by minority votes Even the Constitution
Of the United States was not submitted to popular
vete but was ratified by convention of the States
respectively. Judge Douglas I quote him because
he is one of the prominent leaders Of the anti-Le-
cOmptOnies did not think in 1865, it was ueeessa-
ry to submit the constitution to the people for ra-
fcation. He reported TO the Senate, and voted for
| the TOomb5 BILL which contains no such provision.
The people of Kansas evidently acted on the uhl-
versally recognized rule of ali representative govern
ments that, in ali cases in which the people act
through their representatives, their entire sovereign
! power over the subjects in reference to which the
representatives are chosen TO act, is vested in them,
It is however, conceded, if there be a reservation
at the time the power is conferred that will limit it.
But in this case, there being Limitation, 1t was
purely a matter of discretion on the part Of the
representatives whether their action should be hnaf
and binding first be submitted TO the approval Of
their constituents and it must be as valid IN one
| case as the other.
Mr. Chairman, what is the real controversy in
| Kansas2 l mean the thing in which principle is
| involved tangible substance, as contrsdistin-
/ guished from a mere chmera, coDjured up by pas
1 sion and prejudice or from the vain imagining Of
ambitious demagOgues 1t IS the naked question Of
sLaUsry, and that alone. No one can doubt it who
has been even casual observer of events in that
Territory and in this House since the Kansas terri
torisl bill first introduced in 1854, and in the
States which have supplied the fuel and famed the
| fires Of fanaticism in and out of the Territory
Sc Free Kansas; no zgOTe slave territory; no more
SLAVE States" has been emblaZOned on the Republic
can banners everywhere; and l may add I have
seen similar inscriptions on Democratic banners,
posters, and newspapers in some Northern States.
Whether those who rallied under them deceived
themselves, or whether there have been such gyra-
tons and changing of front that some Of these
I Northern Democrats have found themselves unable
to follow in the giddy whirl Of the waltz, shall
not undertake to decide; but truth and justice re-
quire that should say, know Southern men have
| been consistent on this subject.
But to the point: "SLaUTy, sLaOs oEgareLy, slave
ocrGcy, sIGUsdTyers, Northern dough faces the rghtS
Of man, all born free and equal the rights Of
the ghite man, uHiDsTSal freedom, slave against free
labor, the degradation Of s labor free States against
slave SGeS KInSGs 0as c0Rsecrated 10 freedom bleed
ing Kansas" &c have been the burden Of most Of
the free soil speeches during this discussion. A
member from illinois, Mr.. Farnsworth,) the mem
Der from the Western Reserve in Ohio, and another
from Ohio, Mr.. Bingham and a member from In
diana, (Mr, ColfaX,) and two, think, from Michi-
gan, avOWed, some days since, they would not vote
to admit another slave State, if majority Of the
people thereof had approved pro.slsyery cOnsttu-
ton. How many others have avoU ed or entertain
the same sentiments l will not undertake to say.
Il is enough for my purpose that the facts referred
to establish my proposition, that slavery or no
slavery, is now the only real issue in regard to
Kansas.
Well, sir, the LecOmpton convention, in the exer-
else of its discretion submitted the slavery claus,
of the constitution to the popular vote, the 2ls
of December last. The prerequisite of registry
was dispensed with, and eUsry White male i1ha5GHt
Of the Territory" without regard to the Length of
time he had been there had the right to VOTE If
the free State men were in the majority here was
an opportunity for them to secure a constitution
without the slavery clause; to silence the agator
and TO put an end to all their strife. If they had
voted down the slavery clause, undertake here to
say Kansas would this day be a sovereign State Of
the Union; that she would have been admitted with
ont opposition from Southern men; and of course
she would by Northern men. But they still refused
to vote Out of 1895 votes cast, only 500 were
against the slavery clause, leaving majority of s.
Gj7 in favor OF it. BuJ it is said this election vas
fraudulent, which furnishes additional reason
why The bill for admitting Kansas ought not to pass
How was it fraudulent? and what right have the
free State men, who would not vote, to complain?
1t is alleged the board of commissioners appointed
by the Freesoi Legislature elected in October 1857
have investigated and fond 2,72O illegal votes
leaving s 423 legal for tie slavery clause Of
the constitution, to 500 against, giving majority
in favor of 854 votes. 1t is not pretended there
we're fewer legal votes cast for than against. If
few hundred thousand illegal votes cast for
the clause it did not change the result. The slave
ry clause elected according to all rules of cleo
tons, and had right to the certificate.
In the meantime, acting Governor Stanton,
alarmed at what he supposed real dangers, con-
vened the FreesOil Legislature There may have
of the order loving Governor, to produce this very
result, and secure an opportunity of carrying out
Interior plans, Thich in part developed by the
massage Of law submitting the entire constitution
TO a vote of the people on The 4th of January.
IL is obvious this move was the offspring of some
thing bevond any merely odiOus feature in the con-
stitution. They already had the opportunity Of
voting out the slavery clause the Dist of De-
cember, if they had the numerical strength; and
although this discussion hes been of unusual length
/ and range 1 nave nOt YET uSdIu dDy GGnet Clause
designated really offensive. Expunge the slavery
clause, aud l the most fastidious Frsesoilsr
would be constrained to admit, it would compare
favorably with the Topeka constitution.
Then Why did they refuse to vote on the 2Ist of
December. will not say it vas because they be-
lieved they had not the necessary number to carry
the election, and saw defeat staring them in the
face l care not for that. There was another
cause to which 1 refer it. The Topeka,cousitution
was the illegitimate but darling bantng of the lead
ers of this party. With fair speech and promise
thew had beguiled the people, and it had been un-
lawfully conceived, in hostility to the national and
TO the legally organized Territorial government.
lis birth was attended BY will not say Just here
treason and rebellion but by their close resem-
blapce. Having been born under such auspices, it
was necessary at the bapdsmsl font, in order to
iDspire confidence in its future usefulness that its
sDonsors should bind themselves BY doubly solemn
vows. They staked their all upon it. And they
heard by presentiment the deathknell Of all their
homes. in the adoption Of the LecOmpton constitu-
1 tion GoverRorships, secretariships, seats in the
senate and House of Congress, the keys of the
treasury, judgeshiPs, Sc, they cav would vanish
from their grasp as if by the influence of magic,