Abbildungen der Seite
[merged small][merged small][ocr errors]

He says:

sistently with iny views of the Federal Constituiton, of the 18th July, 1857, with the following indorsement, the constitution of the people of Kansas? Is it the Kansas and Nebraska bill, or with my pledges to the people and approval by its editor:

work, or the act and deed of that people? Does it of Kansas. Under these circumstances, no alternative is left me but to resign the office of Governor of the Territory “Will The South COUNTENANCE The Fraud ?-We speak their voice or reflect their will ' If it is their of Kansas.

commend the following article from the Richmond Exam- constitution, then let it be so treated; if it is not * No one can more deeply regret than myself this neces. iner to the earnest attention of our readers. Its statements, their constitution, then let it be treated as the work, sity; but it arises from no change of opinion on my part. its reasonings, its indignant expostulations, are so eloquent

the vile work, of the infamous scoundrels uto On the contrary, I should have inost cheerfully returned to and foreible that they cannot fail to impress the minds of all Kansas to carry out my original instructions, and thus pre- who read them. The more we examine this subject, the

made it. What is the evidence upon this ques. serve the peace of the Territory, and finally seule the Kan- more we attend to the reasonings of others; the more we are tion? Those who assert it to be the constitution sas question by redeeming my pledges to the people.” impressed with the palpable error into which our southern of the people of Kansas rely upon a series of legal As a further proof that it was the universal un

friends have fallen in condemning Governor Walker and the
Administration for proposing to submit the constitution of

inferences and presumptions. Inferential evidence derstanding, before and at the time of the election

Kansas, when framed, to the people. It is a war against a will do if no positive evidence is furnished in of the delegates to the Lecompton constitutional principle universally acknowledged by the national De- contradict it. The assent of the people might be convention, that the constitution was to be sub- mocracy to be right; it was adopted as a principle of their presumed if they were silent; but when they do mitted to the people; and to corroborate the evi

national platform; it was accepted, acquiesced in, and sanc-
tioned by the southern Democracy, as well as by the De-

speak, we must be governed by their voice; re dence of Governor Walker, if it required any, I mocracy of the whole country, without a dissenting voice.

must know what it is; we are no longer at liberty read the publication of John Calhoun and seven We fought upon it, and with every other issue connected to infer their assent; they have spoken yea or nay, other candidates for the convention, in which they with it we triumphed. These very southern men, aided by and we must see and know what they have said.

their spirited efforts and united votes in bringing into power pledge themselves that the constitution shall be

Now look at the evidence. A bogus Legislature a great statesman, a true friend of the South, an ardent pasubmitted. It speaks for itself, and reads as fol- triot and a pure man, committed to the very principle now ordered the convention to be elected. At the ele. lows:

called in question by every act of his past life.

And can it tion for delegates to the convention, by the etiTo the Democratic Voters of Douglas County:

be believed, the very first moment that it is attempted to dence of Governor Walker above referred to it

apply the principle in practice-that is, 10 allow the people It having been stated by that Abolition newspaper, the

is shown that nearly half the Territory was disof Kansas to adopt, by their votes, such a constitution as Ilerald of Freedom, and by some disaffected bogus Demo.

they may be willing to live under-many of our southern franchised. crats, who have got up an independent ticket, for the pur- friends practically repudiate their previous acts, repudiate pose of securing ihe vote of the Black Republicans, that the

“ I repeat, that in nineteen counties out of thirty-four, their resolution of the Cincinnati platform which contains regular nominees of the Democratic convention were op

(the whole number in the Territory,) there was no cesa the principle, and array themselves for the moinent against In fifteen counties out of thirty-four there eas no Test posed to submitting the constitution to the people, we, the an Administration which is only endeavoring to do its duty, candidates of the Democratic party, submit the following

and not a solitary vote was given, or could be girer, for de and faithfully fulfill its pledges; and this, we think, is very resolution, which was adopted by the Democratic conven.

gates to the convention in any one of these counties." clearly shown by the following article." . [The one above tion which placed us in nomination, and which we fully and read.)

Acuing Governor Stanton, in his message to the heartily indorse, as a complete reiutation of the slanders above referred 10.

In an editorial, of the same date, the editor of Territorial Legislature, says that all the route JOLLY CALHOUN, A. W. JONES, the Union says, in speaking of the Kansas con

given at the election in June last for delegates a W. S. WELLS, H. BUTCHER, stitution:

the Lecompton convention, only amounted .. 1. COLLING, John M. WALLACE,

about two thousand two hundred. If they are al Ilm. T. SPICELY, L. A. PRATHER.

“If the convention shall make a constitution in the name LECOMPTON, Kansas Territory, June 13, 1857. of the people, and refuse to let their constituents pronounce

set down as in favor of this constitution with sle. upon it, we can only say that the best evidence of its authen

very, there were only two thousand two hundred “ Resolved, That we will support no man as a delegate to ticity is withheld.”

of them, all told. At the election in October last, the constitutional convention, whose duties it will be to franie the constitution of the future State of Kansas, and to And this was the tone of the party press here, for a Delegate to this Congress, there were t#3 mold the point n, 1,1efitutions under which we, as a people, and all over the country, until the 7th of Novem- || candidates; one was the slave-State candidate, the are to live, unless lie pledges himself, fully, freely, and

ber last, when the convention closed its labors, other was Mr. Parrott, the free-State candidate, without reservaiion, to use every honorable means to sub.

and who is now a member of this House. This mit the same in every bona fide actual citizen of Kansas, at

adopted the Lecompton constitution, refused to the proper time for the vote being taken upon the adoption submit it to a vote of the people for their rejec- clection was held under the laws of Congress, by the people, in order that the said constitution may be tion or approval. Since that time we have had,

which all parties in the Territory recognize sa adopted or rejected by the actual settlers of this Territory, from the organs of the Administration, and from

valid. All parties voted, and the election was as the majority of voters shall decide."

the President of the United States, and those who varmly contested. The majority for the freeUnder the assurances thus given by the Cin. || profess to be his friends, all sorts of opinions, | Slate candidate was about five thousand. cinnati platform, by the instructions of the Pres.

At the election held on the 21st December, on statements, and claims. ident of the United States to Governor Walker,

First, the convention was censured; then ex

the adoption of the Lecompton constitution the by the advice of his Cabinet, by the addresses cuses and apologies were made; and then a com

whole vote cast for the constitution, as the retoras of Governor Walker to the people of Kansas, by || plete justification for not submitting the constitu

show, was only six thousand one hundred and the published pledges of the candidates for the

tion to a vote of the people; and lastly, and finally, I forty-three, one half of which have since beca convention, the election for delegates to the Le- it is claimed by the President, in a message 10

proven to be fraudulent, and a considerable pue. compton convention was held; and a majority of Congress, that ihe constitution was submitted to

ber more given by non-residents; shoving the its delegates were found to be in favor of making Kansas a slave State! It then, for the first time,

the people, in accordance and substantial compli- actual strength of the pro-slavery party in Kar ance with his instructions to Governor Walker.

sas to be only about three thousand. began to be whispered that the constitution would When this last pretense was gravely written by

But a more conclusive vote than either of these not be submitted to the people for their adoption. the President, and read by his friends, it would

mentioned was given on the 4th of January last, To show with what indignation this suggestion not be surprising if both he and they should have

when the question of adopting or rejecuing the was met at the South at that time, I refer to an

exclaimed, inahe celebrated language of Jack Fal- Lecompton constitution was directly submited extract from a Virginia newspaper,ihe Richmond staff, when caught in an unmitigated falsehood,

to a vote of the people, and over eleven thousa] Examiner, of the 14th July, 1857. This extract Lord, Lord, how this world is given to lying !"

votes were then cast against the constitution and is as follows:

That the constitution was submitted for adop- against slavery. No evidence has been offeredis, “ Here is the whole question, then, from alpha to omega : tion or rejection in substantial compliance with the

this House to impeach the fairness of this voteShall the constitution be submitted to the people! The Deprovisions of the Cincinnati platform or the pledg

We can, then, with perfect confidence, claimits mocracy of Kansas demand that it shall, and the Democracy of the Union second their demand. Mr. Keitt says, es of the President, or his insiructions to Governor

we have positive and affirmative evidence tica! may; the ultra South clamors in chorus, nay. Well, why Walker, is wholly false; not one word of truth in

there is now, in truth and in fact, a majority of over should not the constitution be submitted io the people? || it. The claim that the question of slavery or no

eight thousand of the citizens of Kansas protesting What is the objection of the ultras? Strange to say, the slavery, the question of a slave or a free State, was

that this is not their constitution. reason is not denied. We blush for the South that the reason is avowed. The reason alleged is, that the people of submitted, is equally without truth-unqualifiedly

There have been memorials, signed by over Kansas would vote down such a constitution as the clam- false. The scandalous and contemptible mockery

seven thousand residents of Kansas, sent to this orers would frame for them; and the effort is to thrust upon of submitting the shadow of the question of sla- | Congress, remonstrating against admission under them, by a political trick and contrivance, what could not be put upon them by lair Democratic means. Such is the very or no slavery to the people was performed. this constitution. scheme of the chivalry' of the South! such the lame and The substance of even that single question was

The Delegate on this floor, elected and sent bere impotent conclusion of all the grand airs and affectations withheld-expressly with held.

to represent their interest in person, remonstrates ol' virtue and honor, with which the chivalry' have amused

Why, sir, what was submitted to the people ? | against the admission of Kansas ander this consthe country so long! A paltry fraud, a political juggle, a legal swindle, upon the people of Kansas-insisted upon,

Simply whether, in future, slaves should be im- tution. dcinanded, clamored for, by the chivalry,' par excellence, ported into Kansas. The perpetuity of all the

The Territorial Legislature but recently elected by the pink and pick politicians of the South.

slavery then in Kunsas, was provided for in the send here their remonstrance, and ask, what rigst **Our tools in the convention will frame a constitution constitution in express terms, no matter which

has Congress to admit Kansas as a Slate into ex for Kansas;' it will be such as the people would repudiate;' • we will take care to prevent the people from voting upon

way, the people voied on the question submitted. Union against her will? it;'' we will juggle it through a show of inock formalities ;' The man who in private life would claim in duis This remonstrance is in the following three and we will accomplish by chicane what we could not private affairs that his obligations under such cir- resolutions: Juaye accomplished by straightforward, honest, Democratic cumstances, and with such compliance, were dis

Resolved by the Gorernor and Legislatire feseattle practice. Such is the position of the peculiar champions of the South; such the attitude in which they are striving to charged, would but live to be loathed and despised

Kansas Territory, That the people of Kansas being oppo

to said constitution, Congress has no rightful power o place the South before the Union and before the world; as a man without honor, without truth.

it to admit said Territory into the Union as a state; ass such the humiliating depths of dishonor--with faith violated, The Lecompton constitution is now presented we, the representatives of said people, do hereby, in te pledges broken, and reputation blasted-in which they with slavery as fully recognized by it as by the

name and on their behalf, solemnly protest against 3 would sink the noble Democracy of the slaveholding States.

admission. The fraud is infamous enough in itself, but it is doubly so constitution of any State in the Union; and the

Resolved, That such action on the part of Coares in being in violation of express pledges given by the De- President in his message tells us “it is as much a would, in the judgment of the members of this Legislatier mocracy of the Union, and participated in, in the most sol- slave State as Georgia or Alabama." That sla- Assembly, be an entire abandonment of the docinte emn manner, by the ultras ihemselves.” very exists there, either by law or by force, is

non intervention in the affairs of the Territory, and a sat

stilution in its stead of congressional intervention in The above article appeared in the organ of the emphatically true.

of a minority engaged in a disreputable attempt to deka Administration, the Washington Union, of the Such, then, is the Lecompton constitution. Is it

the will and violate the rights of the majority.

3514 Cong....1st Sess.

Admission of Kansas-Mr. Underwood.

Ho. of Reps.

" Resobred, That the people of Kansas Territory claim their domesticinstitutions in their own way,"may President silenced his scruples of conscience, if the right, through a legal and fair expression of the will of

refuse, but those who do not wear this name and a majority of her citizens, to form and adopt a constitution

he had any; obsequiously asked pardon, forced the cloak which this name gives, are compelled for themselves.”

Walker and Stanton out of office, and restored to wear the substance and maintain the cause of himself to favor; and having done so himself, exIt may well be averred that “ Congress has no rightful power under it to admit said Territory popular freedomUnfortunately for the honor of pects all others to follow the example.

Let it be remembered by the people of this into the Union as a State." And it may, with

it cannot now be blotted out. Every step in its still greater propriety, be asked by what rightful onward march, from the date of the organization

country, that, while men are every day read out

of their party for refusing to do its dirty work, power does Congress propose to force Kansas

of the Territory until this day, is a step marked, and for honorable, manly, and independent opinto the Union against her will? Why drown the

and that step may now be traced by a fraud, a voice of four-fifths of the people of Kansas, and

position to the despotism of party desperation, do for her what she has not done for herself, and

forgery, a wrong, a robbery, a plunder, a violence, there is no example of any man, high or low, that is, to make a constitution for her and compel pression, overawed by bayonets; houses plun- l ophantic subserviency.

a murder, an assassination-a people ruled by op- | being read out of his party for loathsome and sycher to receive it? If this is to be done, let it be done under the name of congressional non-inter- || driven from the Territory; the roads, rivers, and

dered and burnt, towns sacked, peaceable citizens I have referred to the pledges of the Democratic vention. Let it be done by ihe Democratic party

party, as a party, to the claim set up of having of this country; let it be done by the southern

avenues leading to the Territory blocked up, emi- || inaugurated a new territorial policy far more lib

grants turned back, and leave io enter the Terri- eral than any ever before offered to the people of portion of that party; let it stand forth as the last

tory refused; and all this done and suffered by the this country; to the pledges and claims of its newsand latest commentary upon the doctrine of "con

connivance of the past and present Administragressional non-intervention with slavery in the

paper press; to the speeches of its leading men; States and Territories."

tions. The picture would not be complete with the inaugural address of the Chief Magistrale, Governor Hammond's views on this subject are forcing upon them a slavery constitution, by first

out this crowning act of infamous injustice, of and to his official correspondence with Governor brilliant and clearly expressed.

Walker. These pledges now all broken, trodden

under foot and despised; and this proposition, (to question just as it is, and with manly courage dis- making the people themselves slaves. poses of it as becomes a modern Democrat. He question of political power lying at the bottom of

No gentleman can shut his eyes to the great | admit as it is pretended,) but in fact, to force Kan

sas against her will into the Union under the Lesays:

this great effort to make Kansas a slave State. compton constitution, with slavery provided for “ If this was a minority constitution I do not know that

Look at a few passages in the speech of Govern- and perpetuated by it, deserves to be met, not with that would be an objection to it. Constitutions are made

or Hammond. He says: for minorities. Perhaps minorities ought to have the right

argument, but with denunciation; and denuncia10 make constitutions, for they are administered by major- “ The Senator from New York says that that is about to tion in language far more harsh and severe than ities."

he at an end ; that you intend to take the Government froin the usages and proprieties of this Hall will permit. This may be very good Democracy, but it is not us ; that it will pass from our hands. Perhaps what he says

To call it a fraud, a cheat, a conspiracy against is true; it may be, but do not forget-it can never be forgotexactly Cincinnati-platform Democracy, so far as ten; it is written on the brightest page of human history

popular rights, fails to do justice to the subject or I understand it. Does the South now again pro- that we, the slaveholders of the South, took our country in to characterize the outrage. pose to disregard wholly the will of the inhabitants intancy, and after ruling her for sixty years out of the sev- We have been told by at least twenty southern of the Territories, and that Congress shall give without a stain upon her honor, and boundless in prospor:

gentlemen here in this House of Representatives, not only laws to the Territories, but constitutions ity, incalculable in her strength, the wonder and the admi- that if we Republicans will not agree to admit for the new States ? Before this is done it might ration of the world. Time will show what you will make Kansas into the Union under the Lecompton conbe well for gentlemen to look to the results of the

of her, but no time can ever diminish our glory or your re- stitution, that, well and dearly as they always next census, to the time when the race of doughsponsibility.”

have and still do, and as the South always has faces will be extinct, and when the power of legis- Again, he says:

loved and cherished the Union, they will feel comlation may be in the hands of non-slaveholding “ But what guarantee have we, when you have this Gov. pelled to advise the South to withdraw from the States, and when the examples now set may be ernment in your possession in all its deparunents, even if Union and defend their rights to the last extremfollowed to its utmost results. Sir, disguise it as

we subinit quietly to what the Senator exhorts us to sub-
mit to-the concentration of slavery in its present territory,

ity. Will they go home and hold another southyou may, the plain simple proposition, divested and even to the reconstruction of the Supreme Court--that

ern Hartford convention? And why is this folly to of all its fraudulent robes and false pretenses, is you will not plunder us with tariffs, that you will not bank. be perpetrated, and why is it threatened ? For no whether Congress will usurp the power of making rupt us with internal improvements ?”

other reason, in fact, than that the Republican Repa constitution unalterable for seven years to come, Yes, sir, it is very plain that the Government | resentatives, and a few of the free-State Demoand force Kansas into the Union under it? must remain in the hands of the slaveholders, or crats in this Hall, will not compel Kansas to come

Why, if this has been determined on, did you if we take it we must give security for our good be- || into the Union with a slavery constitution, while not divide Texas into four or five more States, havior. It may be we will give them that security; four fifths of her people are opposed to it. And bring up New Mexico as another, and have Ne- || the whole sum and substance of which is, that these gentlemen constitute the choice spirits of braska and Arizona all organized as slave States the South shall be allowed to make as many more the southern Democracy. They are the Union with constitutions unalterable for twenty years to slave States as may be necessary, at all times, to savers--the national men—the deadly enemies of come, and admit them all together? This might be maintain the control of the Government in the sectionalism. They are the patriots of this coundone, and not one half the evidence to prove the hands of the slaveholders. This is to be done re- try: Whether this patriotism is of that quality fraud that now stares us in the face in relation to gardless of population. The States must be made, which has been defined to be " the last refuge of a Kansas. And could not a few more Calhouns population or no population. The slave States scoundrel" or not, I leave the country to decide. have been found to distribute over these Territo- now have only one third part of the population ries, ready and willing to make these new States of the nation; but their equality must be main

ADMISSION OF KANSAS. with constitutions to order ?

tained in the Senate, where the slave holders are Does any member of the Administration party to exercise a veto power upon the legislation of SPEECH OF HON. W. L. UNDERWOOD, in this House doubt what the people of Kansas | the country-a veto upon all the appointments

OF KENTUCKY, would do if left to themselves a perfectly free to and patronage of the country. This is modest, form and regulate their domestic institutions in and most decidedly cool. We, the slaveholders,

IN THE HOUSE OF REPRESENTATIVES, their own way?” Then let him vote with us to he says, have ruled you for sixty years. They

March 30, 1858. send this question back to the people for their free | who constitute one fortieth part of the population

The House being in the Committee of the Whole on the choice of a constitution for themselves. Will any of this country shall have their power perpetuated. || state of the Unionmember of this House refuse, and for what rea- This may be Democracy. If it is, I know it is Mr. UNDERWOOD said: son will he refuse? Will it not be for the same not so written in their platform; and were it not Mr. CHAIRMAN: I rise to essay no effort at eloreason that the Lecompton convention refused to historically true in the past, and had it not been so cution, nor any extended observations upon the submit the question to the people, and that was, often and continually claimed for the future, it vexed question of Kansas. Contemplating that that this rascality would, in that event, be de- || might be ascribed to the ravings of a madman. question from a point of view differing from that feated? The result will be left in no uncertainty. I regret to hear any anti-Lecompton Democrat of most if not all others that have addressed you, I desire to see Kansas a free State; my constitu- | complain of being read out of the party for his entertaining in regard to it opinions that have not ents desire it, and I am bound to use all fair means course on the Kansas question. It should be re- yet found expression, duty to myself demands in my power to accomplish it; I will go for results membered that at no time during the last or pres- ihat I should announce the reasons that shall conregardless of words or forms. I cannot now here, ent Administrations has any Democrat been al- | trol my action. by my own vote, make her a free State. I will lowed to set up his own judgment, his honor, or To those who know me at home I shall have delegate the power to her as my agerrt, and she his conscience, against ihe wishes of the Presi- no occasion to defend myself against any charge will have both the power and the will to do it. || dent or the party on Kansas affairs. Have not of intentional infidelity to the South and her cherShe has battled with this question of slavery for offenses of this kind been uniformly punished by | ished institutions. From the dawn of my humble four years, against border ruffians, southern cut- dismissal from office and exclusion from the ranks | political career until now, they have had no more throats, against the oppressions and wrongs of of the party? Was it not for such offenses that devoted friend than I. Born in a slave State, a ruthless Administration against all odds. Her the firsi, second, and third Governors of Kansas having lived in one all my life, a large owner of honor and her interests are all at hazard, and she were removed-Reeder, Shannon, Geary, all read slaves, and representing one of the largest slave has a greater and stronger interest in the question out of the party? Yes; it was for honorable ad- districts in the Union, it would be nothing short than I have. The friends of freedom there have suf- || herence to the instructions of the President that of impossibility for me to become faithless to its fered everything but martyrdom, and some have Walker and Stanton were forced out of office. real interests. I have heretofore expressed my suffered even that. Then why not trust them? The President himself came very near being read | opinions on this floor with sufficient füllness upon

A Democrat cloaked by his name and profes- out of the party for instructing Walker to use his the subject of the relations of master and slave. sions of bowing at all times to the people's will, influence to cause the Lecompton constitution to I will not repeat them. It is sufficient for me to and of leaving them “perfectly free to regulate II be submitted to a vote of the people. But the say,

that I honestly regard them as the best pos

[ocr errors][merged small][merged small]



sible relations which can exist between two dis. that any candid man will venture to say it) that by a reference to those grand fundamental prinsimilar and unequal races of men thrown together this principle, touching the right of the majority ciples of human liberty which underlie all free upon the same territory; and that every attempt to override the terms and forms of the constitu- | governments, and which, in proper cases, are the to create other relations than these, whilst the two tion by amendments, alterations, or abrogations; last resorts of nations. No people so well as ours races thus coexist, has thus far only deepened in violation of those terms, is not contained in the know the right of revolution, and none, thank the degradation and misery of the black race. I act passed by the Senate. Mr. Chairman, it is God, in a most righteous cause, God being our should, therefore, instead of circumscribing sla- there, and, I grieve to say, insidicusly there. If it helper, have asserted it so triumphantly. I trust, very, be perfectly willing to see it extended, with is to be there at all, put it in like a man. Speak however, that no legislative or political necessity the consent of those immediately interested, to it out like a freeman. Let us have no quibbling will ever compel any portion of our beloved coun. the remotest confines of the Republic. It is not, about it. But it is there plain enough. The hon- try again to resort to this terrible arbitrament, then, because, in any possible form, I am opposed orable Senator (Mr. Pugh) proposed in plain, di- And if I had no other reason for voting against to slavery, that I am opposed to the Lecompton rect terms to insert it. His amendment was with- the admission of Kansas under the Lecompior constitution for Kansas. Indeed, rather, it is be-drawn by himself, because, as he said, its sub- constitution, I should be justified in doing so in cause I am the friend and advocate of the peculiar stance was embodied in the bill as it now stands; order to avoid the dread expedient approximating institutions of the South that I am in part con- and it was thus withdrawn to make room for the revolution, to which the President refers the peo strained to object to that constitution.

more insidious and entrapping provisions now ple of Kansas, whereby to extricate themselves Mr. Chairman, there are new theories of gov-contained in the bill, to wit:

from the difficulty in which his policy has in. ernment and motives of action presented by the " That nothing in this act shall be construed to ahridge or volved them, by a change of their constitution, advocates of the Lecompton constitution that can- infringe any right oi'the people, asserted in

regardless of the forms and methods prescribed not fail to grate harshly on southern ears: First, of loansas, at all times to alter, reform, or abolish their form

in the constitution itself. in order to induce our assent to the admission of of government, in such manner as they may think proper."

The second of the motives which are urged upon Kansas under the Lecompton constitution—which Why was this clause inserted ? Does anybody us is, that it is the shortest way to make Kansas constitution provides that "after the year 1864, suppose that, if Kansas should become a State, a free State. The President, in his Kansas mes. whenever the Legislature shall think it necessary, she would thereafter be dependent on Congress sage, after correctly stating that Kansas is now to amend, alter, or change this constitution, for her right to reform or abolish her form of a slave Territory, tells us, in this remarkable iuithey shall proceed to do so according to certain | government in such manner as she thought prop- guage: salutary precautions and methods prescribed in er?” Certainly not. For what purpose, then, was “ Slavery can, therefore, never be prohibited in Kansa the instrument-it is now contended that this fun- this formal disclaimer of a power or right of Con

except by means of a constitutional provision, and in a

other manner can this be obtained so promptly, if a most damental provision may be disregarded, and that gress to do that which no one ever supposed

ity of the people desire it, as by admitting it into the Un steps may be immediately taken to abolish it so before Congress had the power to do, asserted in under its present constitution." soon as Kansas is admitted under it. The people this bill? It was, Mr. Chairman, a negative preg. Mr. Chairman, when I consider this opinion of of the United States have heretofore been taught nant of most affirmative meaning. It is a direct

the President, in connection with the means he to regard constitutions as the sacred repositories intervention by Congress in the affairs of Kan

suggests of effecting the object of making Kansa of their dearest rights; as removed, by the so- sas, in violation of your cry of non-intervention.

a free State, to wit: by the unauthorized alteration lemnities by which they have been inaugurated, Your President, sir, had, in a labored argument, of her constitution in the manner I have stated. I from the flippancies of change; and as constitu- | in his Kansas message, announced the doctrine cannot forbear the expression of my surprise a ting the bulwarks upon which they might repose that

the support which his purpose and his policy the in the security of established order. But now, for * A majority can make and unmake constitutions at ceive at the hands of the South. For myzeli, I the purpose of making room for this new comer, pleasure. It would be absurd to say they can impose fet

am free to declare that I am not anxious to pursue all these established theories of government are

ters upon their own power which they cannot afterwards

“If, therefore, the pro

that path which shall most promptly admit kan forsaken, and pass away as the baseless fabric of

vision changing the Kansas constitution after the year 1864 sas into the Union as a free State; not that I would a dream. A new light dawns upon the political could, by possibility, be construed into a prohibition to throw obstacles in the way of the admission of a sky, and anarchy is organized. Constitutions, make such a change previous to that period, this prohibi | State, whether slave or free, into the Union, when which were intended heretofore for the protection of minorities, lose their power. Majorities, we

clected may, at its very first session, submit the question to justly entitled to come in; but when I consider

a vote of the people, whether they will or will not have a how rapidly the number of free States has itare told, at their pleasure, may cast them down, convention to amend their constitution, and adopt all ne

creased and is increasing; that the safe equality and riot on the rights which constitutions were cessary means for giving effect to the popular will."

that so long existed between the free and share intended to preserve inviolate. The distinction heretofore so well understood and recognized be- visions in the bill; but lest an outspoken expres

It was necessary, therefore, to insert these pro- States has passed away, giving place to an exis

ing preponderance in favor of the former, to be tween a legislative act and a constitutional pro- sion of them should justly offend the public ear, augmented by other free States pressing at our vision is no more, and the only step which remains and justly alarm the settled and conservative ele- doors for admission; more than this, when I can to be taken, since the all-prevailing voice of niere menis of society, they have been couched in the sider who are likely to come, as the Senators of numbers is enshrined, is to declare that this voice

covert and ambiguous phrase quoted in the law. Kansas, to take their places here-Lane and Room need not even proclaim its edicts in written laws, But they will not the less confidently be appealed inson, perhaps reeking with bitterness and wrath but has only, in the fury of the mob, lo issue its to as the expression of the legal right, in the Ab- against the institutions of the South, from the mandates and execute them. Strangest to me of olition portion of the people of Kansas, to abol- fierce conflicts and raids in which so long and re all this, is, that this wild doctrine finds counte

ish the few remnants of slavery that exist in that cently they have been engaged-1 confess to 19 nance with my southern friends, interested, like

devoted Territory on the instant, should Kansas indecent haste for the admission of Kansas; and me, in preserving and maintaining to the last our

be admitted under the Lecompton constitution. the last thing, I think, that ever I shall be gult southern rights and our southern property: Why, And then will come, sir, in the event Kansas is of doing will be to dissolve the Union of these sir, with such governmental policy as this, not thus admitted into the Union with her Lecomp- States because she is not admitted "so prompus only will the general prosperity sicken-for all the

ton constitution, under the provisions of this act to swell the tide of political ascendency that beas interesis of society musi sicken with the insta

of admission, one of those struggles, weak and already so heavily against the South. bility of government–but the peculiar institutions feeble, perhaps, it may be, compared with others, In this connection, Mr. Chairman, I would is of the South must die. Let me read you what is which I yet contemplate in her eventful history, vite

your attention to a most singular fact:already said by a Black Republican organ, the a struggle in which her peace may be seriously gular, indeed, it would be if it did not recur 13 Chicago Tribune, on this subject:

jeoparded, and the righis of the slaveholder- every phase of Democratic policy and tacuies. I " It is now said that the act admitting Kansas into the rights which I feel it my duty here to forewarn, is the rare and singular facility—I should rather Union, under the Lecompton constitution, will contain a

call it craft—of the Democratic party to give to al clause declaring that the people of the new State may ameud

if I cannot forearm-will inevitably be sacrificed. their constitution at any time they please, though in doing

According to the programme thus suggested by their measures a northern and a southern aspect, so they violate a plain and emphatic provision of the con- the President, and significantly and obsequiously In no instance have they succeeded so wel, ! stitution itself. With this power to overhead constitutional intimated to Kansas by the Senate bill, a new con- ween, as in this. They did apprentice worš ir barriers, recognized by solenın act of Congress, we shall be disposed to abate our opposition to Lecompton and belp it

stitution will be adopted prior to 1864, in disre- the repeal of the Missouri compromise, when they along; but with this express understanding, that the rulegard of the Lecompton constitution. It will abol- declared in the North it was a measure of freelaid down for Kansas shall be applied to the Constitution of ish slavery; the stareholders in Kansas will assert dom, and in the South that it was the unlocking the United States; and that when a majority of the legal their rights under the Lecompton constitution, of the Territories for the expansion of slavery. voters of the Republic choose to demand an amendment of the fundamental law, the node of amendment prescribed in

wrongfully overturned, in violation of the provis- They did journeymen's work in their divers the Constitution shall not stand in the way of the atuain

ions for its own amendinent; and I do not hesitate terpretations of squatter sovereignty, suited to ai ment of their will."

to declare my opinion that there is not an enlight- latitudes and localities; and they are doing masthis suicidal doctrine. Kansas, with her Lecomp. result, even from this comparatively minor conMr.Chairman, I enter my solemn protest against ened jurist in America but will recognize their ter work now, when this very measure of the sad

claim. That agitation, bitterness, and strife will mission of Kansas under the Lecompton consu. ton constitution, brings with her no benefits to any

tution is advocated by the President and bis part of our common country which would com

flict, no one can doubt; and, I ask, is it the part northern supporters as the “ promptest'' manter pensate a solitary State for the damning tendency of statesmanship thus to legislate in blind disre- of prohibiting slavery in that State, whilst their

southern brethren are advocating it, and are ready of such a dogma. And if it shall be inaugurated gard of such inevitable consequences ? into the political theories of the times by the pres

Mr. Chairman, the great excellency of Ameri- to split the Union about it, because it recognize ent Administration, Pshall preserve the proud con

can liberty is, that it is the liberty of law. The slavery north of 360 30'; albeit it shows its head sciousness of saying that it was by no act of mine

President, in the principles which I have thus de- there for a moment, and disappears thenceforta you did it, and, iherefore,

duced from his Kansas message, proclaims the forever.

European idea of liberty, which is the liberty of You are too familiar with the bold and ardes: * Shake not your gory locks at me.”

license. The one is peaceful, the other rebellious. | declarations of my southern friends to require 10 But it may possibly be said (I hardly think He attempts to fortify his specious conclusions li to cite instances to prove the burning zeal with 35ru Cong....Ist Sess.

Admission of Kansas-Mr. Underwood.

Ho. of Reps.

which they contemplate and advocate admission ' attitude of a State. This question was submitted these States? Their constitution is first in point under the Lecompton constitution. It will be to his Attorney General, Mr. Butler, who used of time; and it will be observed that it is not the inore novel, and not less instructive, that I quote the following language:

Legislature of the Territory, but the "people of to you what John Van Buren, the most sagacious “ To suppose that the legislative powers granted to the

the Territory," that are left “perfectly free to of ihe Democratic Abolitionists of the North, de- General Assembly include the authority to abrogate, alter,

form their own domestic institutions in their own declares on the same subject. In his celebrated or modify the territorial government established by the act way;" and hence, upon this hypothesis and lan

of Congress, and of which the Assembly is a constituent speech at Tammany Hall, he says: part, would be manifestly absurd. The act of Congress, so

guage of the law, you need not apply for an en“By admitting Kansas into the Union, you put her in a far as it is consistent with the Constitution of the United abling act, even from the Territorial Legislature, condition where she can cure all this evil-stop fraud, and States, and with the treaty by which the Territory, as a part because that language does not confer the power make herself a free State ; and those men from the free of Louisiana, was eeded to the United States, is the supreme States who refuse this opportunity to admit Kansas with

upon the Legislature, but confers it“ on the peolaw of the Territory; it is paramount to the power of the this population and their disposition to made the State free, Territorial Legislature, and can only be revoked or altered

ple;" and the high prerogative of making a conand who would keep her out as a slave State: as sbe now by the authority from wbich it emanated. The General stitution is not a legislative function. Besides, if is, until the population is thrown there to make her perma- Assembly and the people of the Territory are as much bound the Kansas-Nebraska act enabled the Legislature nently a slave State, will have to answer to their constitu- by its provisions, and a incapable of abrogating them, as the of Kansas to call a constitutional convention, why ents for the result they have thus produced."

Legislatures and people of the American States are bound And this sentiment, we are told, was received by and incapable ot abrogating the Constitution of the Uni

did President Pierce recommend, and why did the ted States. It is also a maxim of universal law, that when with “ applause” by the vast Democratic audi

Democratic Senate under his administration, with a particular thing is prohibited by law, all means, attempts, ence assembled to hear him. Why, Mr. Chair

a singular unanimity, pass an act authorizing or contrivances to eflect such a thing, are also prohibited.

Kansas to call a convention ? man, John Van Buren did not announce a new Consequently, it is not in the powtr of the General AssemDemocratic policy at the North. Let me read to bly of Arkansas to pass any law for the purpose of electing

Without pursuing this argument further, I conmembers to form a constitution and State government, nor you from a handbill for a Democratic meeting at

clude, from the high authorities cited, and from to do any other act, directly or indirectly, to create such Mililinsburg, Pennsylvania, September, 1856:

the reasons already adduced, first, that the Legisnew governinent. Every such law, even though it were ap.

lature of Kangas was not competent to commit “ Democrats! Whigs! Republicans! twn out and Icarn proved by the Governor of the Territory, would be null and the fact that it is the Democratic party that is laboring for void. If passed by them, notwithstanding his veto, by a an act of political suicide, and to subvert and overfreedom for Kansas, the assertion of opposition orators to vote of two thirds of each branch, it would still be equally turn the very power of which they were but con: the contrary notwithstanding." void."

stituted the keepers, guardians, and preservers, I could quote from Dix and other orators of this This was the ground taken by the Administra- il by the Congress of the United States; and second, political school, but I forbear. I however affirmtion of General Jackson in regard to Arkansas; that the Kansas territorial law was in no sense that the northern Democratic advocates of the Le- !! and the position is an unanswerable one. Any an act which enabled its Legislature thus to subcompton constitution all maintain this view,con- law passed by the Territorial Legislature of Kan- vert the territorial existence at its pleasure. tending that it is another measure for freedom. sas-which possessed no greater authority than It follows, then, that the Lecompton constituShould not these bold contrasts, then, teach for- the Territorial Legislature of Arkansas-initia- tion is not an imperative legality; that it cannot bearance to our extreme southern friends? espe- ting a convention, is utterly null and void. challenge and demand our implicit and unques, cally when they were told the other day on this In addition to this, I present you the authority tioning submission, because it comes accredited Hoor, by one of their northern allies, that the North of Mr. Buchanan, the present distinguished Chief to us by all the regularities and forms of law. But got the oyster whilst the South got the shell, in Magistrate of the United States, whose carly coun- losing these high pretensions, which are all the this division of the spoils. Are they not at least sels are so worthy of the consideration of his tiile that it brings, it loses all. For, unless it can suficient to silence the cry of " Abolitionism, later years; and who, upon the occasion of the be sustained upon the ground of legitimacy, it has which, I doubt not, is preparing to be raised admission of Michigan, expressed himself in the no other foundation to sustain it. throughout the South againsi all those who shall following emphatic language:

Mr. Chairman, let it not be inferred from anydare to resist this measure, so really destructive * We ought not to apply the rigid rules of abstract politi- l thing I have said that I hold it illegal or rebellious of every principle the South should hold sacred cal science too rigorously to such cases. It has been our for a Territorial Legislature to institute prelimiand inviolate? 'But, Mr. Chairman, more than practice lieretofore to treat our infant Territories with pa

nary proceedings in order to bring about the transthis, is it not time for us to have a straightforward

rental care, and to nurse thein with kindness, and when
they had attained the age of manhood, to admit them into

ition from a territorial to a State condition. All and honest policy? Have we not been paltered the family without requiring from them a rigid adherence I wish to establish is that their proceedings bind with long enough in a double sense? How much to forms. The great questions to be decided are: Do they not the Government of the United States, or renlonger will the South, or the North either, suffer

contain a sufficient population ? Have they adopted a re- der
publican constitution And are they willing to enter the

in any sense imperative upon such Governitself to be deluded thus with fallacious hopes, Union upon the terms which we propose? If so, all the pre

ment to admit such Territory into the Union as a having the word of promise kept to the ear but liminary proceedings have been considered but mere forms, Stale, merely because the Territorial Legislature broken to the hope? For myself, I am weary of which we have waived in repeated inscances. They are but have gone regularly through the formalities it may the Janus face and the forked tongue.

the scaffolding of the building, which is of no further use
after the editice is complete. We have pursued this course

have instituted. The power of the United States, I desire now, Mr. Chairman, to invite your at- in regard to Tennessee, to Arkansas, and even to Michigan. and the duty of the United States, stand untouched tention to the questions: first, is the Lecompton No Senator will pretend that their Territorial Legislatures and unaffected by these subordinate territorial constitution of such legal validity and force as to

had any right whatever to pass laws enabling the people to formalities, except so far as they may address

elect delegates to a convention for the purpose of forming a claim adoption from its inherent legality and, Siate constitution. It was an act of usurpation on their

themselves to the Congress of the United States second, it legal in form, are there not facts conpart."

as matter of petition, deserving its favorable connected with it that render it invalid? And, first,

And on the same subject, Mr. Calhoun, the

sideration from their inherent merit, and not from as to its legality. brightest constitutional luminary of all, used the

their inherent legality. I shall not go back to inquire into the yalidity following brief but emphatic words:

2. If the Lecompion constitution be legal in of the Territorial Legislatures of Kansas. I shall

form, are there noi facts connected with it that take them for granted, for all the purposes of my

“My opinion is, and ever was, that the proceeding of the people of Michigan, in taking the first steps to form a State

render it invalid in fact? Mr. Chairman, this field argument, however great and grating may have constitution without waiting for the assent of Congress, was of argument has been perfectly exhausted. Let been the improprieties practiced in the earlier | revolutionary.”

me add but a few words to what has been so much elections under the territorial law. Nevertheless, If these quotations fail to convince, then, so far better said by so many others. And let me premise those Legislatures have been recognized, and as my Democratic auditors extend, they would that the Congress of the United States is under must be considered the legislative branch of the not be convinced though one rose from the dead. no stress, or legal or political necessity, to admit de facto government of Kansas; and I shall con- But, to obviate these high authorities and these new States into this Confederacy. Neither Kancede to them the right to exercise all powers del- unanswerable arguments, it is now stated that the sas, nor any other Territory, can demand as a egated to them by the authority which created Kansas-Nebraska act is itself an enabling act, dis- | right, admission into this Únion; although she them, to wit: the Kansas-Nebraska act. It will i pensing with all others. Unfortunately

for those may have formed a republican constitution, and not be contended that the Legislature of a Terri- who affirm this, it proves too much for them. | although every man, woman, and child within her tory can exercise, like the Legislature of a State, That act, it is true, '' leaves the people perfectly borders desired it, yet the right and the power to any independent, sovereign powers. The Legis- free to form their domestic institutions in their admit or not to admit, according to its own will lature of a Territory is but the creature of the law own way, subject only to the Constitution," Prior or pleasure, rests alone in the Congress of the establishing the Territory, and has no power to to it the people had been restrained in this “per- United States. step beyond it. It then becomes material to in- fect freedom" by the provisions of the Missouri This high power and unlimited discretion is exquire what powers did Congress confer upon the compromise line, which prohibited slavery north pressed in the Constitution of the United States Kansas Legislature! The language of the act is: 1 of 36° 30' north latitude; and this provision was in the simple words, “ New States may be ad“ That the legislative power of the Territory | intended merely to apply to the condition and mitted by the Congress into this Union.” In the shall extend to all rightful subjects of legislation privileges of the people when, subsequent to the exercise of this high prerogative, perhaps the most consistent with the Constitution of the United' repeal of this line, they should come legally to morally grand of any which our current history States and this act." I would venture an origi- ' form their domestic institutions in their own way, exhibits, the Congress has the right, and it is ils nal argument upon the nature and extent of this and was not intended to confer upon them any duty, to look with the utmost scrutiny and cauqualified and limited legislative power, if argu- new powers or privileges, contrary to the consent tion upon every fact, circumstance, and condition ment upon it had not long ago been merged in of Congress, whereby they might at pleasure cast which bears upon the prudence, fitness, and proauthoriiy, and that authority so high with those off their territorial allegiance. If such be not the priety of the permanent relations it is about to to whom I would commend it, that nothing is true interpretation of this clause; if it conferred establish between the new comer into the Conwanting to give it absolute command. Upon the upon the people of the Territory the inherent federacy and the old; and if there be any time and admission of Arkansas, during the administration right at any time they pleased to form a constitu- any act which, above all others, should demand of President Jackson, the question arose, how far tion and claim admission absolutely under it; how the exercise of the utmost good faith, forbearance, the Territorial Legislature was competent to in- can we resist the application of those who formed and honesty, it is this. I do not hesitate to deaugurate the preliminary measures to cast off its the justly and universally repudiated Topeka con- clare that, if new States are to be precipitated into territorial existence, and to prepare to assume the il stitution for admission under it into the Union of il this Confederacy contrary to the consent of a ma

not vote.


3515 Cong....I st Sess.
Admission of Kansas-Mr. Underwood.

Ho, or Rups. terial portion of the old ones, and above all, with give to all the right and unquestionable American with slavery. So great was the excitement of the constitutions contrary to the ascertained will of privilege of being represenied in the body which people of Kansas at the events I have thus de. a matcrial portion of the citizens of such new was to ordain their highest law. The free-Suite tailed, that we are informed by Governor Suancen State, then are the sappers and miners at work party in some of the counties made an attempt to that they were almost on the point of civil war, beneath the foundations of the Republic, and the elect delegates to the convention, notwithstanding which was only prevented by his convening the enemy to its perpetuation has entered within its the fuilure to take the census and registration. | Legislature. walls.

Their delegates were rejected. I will not dwell In the hope (which proved succesful) of reMr. Chairman, if we could for a moment re on these things. One fact of importance, during storing peace, a law was passed taking the sansa lieve ourselves of all party bias and excitements, the progress of this election, occurred. It was the of the entire people for and against the constituwe should find the facis pertaining to the Kansas unequivocal, clrar, distinct, and absolute promise | tion, abolishing all test oaths, and leaving all lice question to be few and simplr. A portion of its of the Governor, in his own name, and in the to vote just as they pleased. The result of thing people are in favor of a constitution with slavery, name of the President of the United States; it was election was that ien thousand two hundred and another portion are in favor of a constitution with the promise of his Secretary, Mr. Stanton; it was twenty-six persons voted against the constitution. out it. For years they have been waging a dis the promise of Mr. Calhoun and many of his as The friends of the Lecompton constitution did reputable contest, disturbing the quiet and repose sociates, that the constitution, when formed by the

This election was held on the 4th of of the Union, and seeking political advantages of convention, should be submitted to the people for January, 1858. each other. Both of these parties have made their ratification or rejection.

Mr. ÞEYTON. I ask my colleague whether he themselves a constitution-one at Topeka, rely. Governor Walker, everywhere in Kansas, believes that the ten thousand two hundred and ing for its support upon your naked doctrine of ;, pledged his honor, by the approval, as he told the twenty-six voies cast on the 4th of January were popular sovereignty; the other at Lecompton, re people, of the President and his Cabinet, that the all bona fide legal voters? lying upon popular sovereignty indorsed by legis constitution should be submitted. Without stop Mr. UNDERWOOD. I will state, in all franklative intervencion, without congressional sanc ping to refer to his inaugural, in which he is most ness, that it is my opinion--mere guess work, if tion. The latter is much the better, I think, of the emphatic on this point, I read from a speech of course-that it is highly probable they were not, iwo, but both bad. Each party has endeavored, his, delivered at Topeka, on the 8th of June, 1857, I will say, however, in all candor io my col. as far as possible, to ignore the other, and to re and published in the Topeka Statesman of the 9th: | league, whose interruption is agreeable, or cerfrain from a recognition of the legal validity of its " At the next clection, in October, when you elect the

tainly not embarrassing to me, that there is no The free-State Parly believed it was out Territorial Legislature, you can repeal these laws; and you proof that any of that vote was fraudulent or ilraged and trodden down by an invasion from Mis can also, by a majority of your own votes, adopt or reject legal, and that all concurrent testimony agrees in souri, which gave despotic character to the Le

the constitution, presented for your consideration, next tall.
Can you not peaceably decide this question in the mode

proving that three-fourths, or more, of the inhabgislature, inasmuch as it was elected, not by the pointed out by aciof Congre-s, if you, as you can and will,

itants of Kansas are inimical to the constitution. people of the Territory, but by alleged invaders, have a full opportunity of recording your vote? [A voice. Mr. PEYTON. I would like to know from and hence, thereafter, it abstained from partici- How are we to get it?'] You will get it by the convention my colleague how he arrives at that conclusion? pating in elections authorized by this Legislature. submitting the constitution to the vote of the whole people.

Mr. UNDERWOOD. Iain gratified at the op(A voice, . Who is to elect the convention? Thai is the Whilst the slave-State party denied the extent of grand question.'} Gentlemen, it is a comparatively small portunity of saying to my friend that I arrive at it the force and violence charged by their opponents, pout by whom the constitution is submitted. Do not let us from various sources of information-authentic and justified themselves by the charge that emi run away atter shadows. The great substantial point is this: sources which are open boch to him and myself

Till the whole people of Kansas next fall, by a fair election, grant aid societies had thrown upon Kansas, for impartially and fairly conducted by impartial judges, have

and from private statements from gentlemen of the purpose of controlling its domestic institu

an opportunity to decide for themselves what shall be their the highest respectability cognizant of the facts. tions, a population as spurious as any introduced form of government, and what shall be their social institu It is the uniform report coming to us from Kansas, from adjacent States.

tions? I say they will; but I go a step further. (A voice. that there is a decided, an unqualified, and almostan Thus waged the war until delegates were au

Flave you the power :') If I have not the power o bring it about, it'the convention will not do it, I will join you in

unmitigated disinclination on the part of the peothorized to be chosen by the Territorial Legisla- i lawut oppo-ition to their proceedings. [Cries of Good!' ple to accept the Lecompton constitution. I trust ture to form a constitution preparatory to the ad

We hold you to your promise. Nothing can be my friend is answered. And now I ask hima mission of Kansas into the Union. From this asked fairer than thai.?]"

whether he would force any constitution or form point onward we have a right, and it is our duty, This, with me, is high matter of substance. of government upon any people against their io look, in order to ascertain what it is proper for Here you see a people, jealous of their rights, will ? us to do. Delegates, under the law, were to be holding earnest question with their Governor, and Mr. PEYTON. I will reply to my colleague apportioned among the thirty-four counties of the receiving from him solemn answer, touching those very frankly and very candidly, that I would not. Territory according to their population, to be as important rights upon which we are acting now; Mr. UNDERWOOD. I knew, sir, that there certained by a census directed io he taken. This and in consideration of his solemn pledge that the was a Kentucky spirit beating in my friend's bo. was fair and right, and ought to have been done; constitution should be fairly submilted to them, som which would keep him from such a course. but, if we may believe the very highest authori yielding it up indifferently to be formed by these Mr. PEYTON. Will my friend permit me !! ties on this subject, it was not done, and by reason who might be selected to do it, yet relying upon state my own position in regard to this mat:er: of the failure, nearly one half of the counties of their own ultimate right to pass judgment upon Mr. ÚNDERWOOD. I hope my colleague the Territory were denied any representation in it in the last resort. Shall we obtain the benefits will not exhaust too much of my time. the convention that formed the constitution under of their non-action, without complying with the Mr. PEYTON. I ask him whether, in all State, which they were to live. Hear what Governor conditions upon which it was procured? Shall county, and presidential elections, it is not wel! Walker and Secretary Stanton say on this sub we, in any sense, fail to comply with the solemn known.that there are more or less improper fraudject. Governor Walker, in his letier to General assurances thus given? It will not do to say that ulent votes polled ? That there have been fraudCass, of the 15th December, 1857, says:

Governor Walker had no authority to make these ulent votes polled in Kansas I have but litile "In nincteen of these counties there was no census, and assurances. That he had the authority of the doubt; and I have as little doubt that in any electherefore there could be no such apportionment there of President there is no doubt. He states it, and it rion, from the first authorizing of the contention delegates, based upon such census; and in fifteen of these is not denied. Whether he had authority or not, counues there wa boregistry of voters. These fifteen coun

down to the final ratification, there have been votes ties, including muty of the oldest organized coumties of the

the confiding people believed he had; and it would enough withheld to have changed the result. Jy Territory, wire entirely disfranchised, and did not give, and be inconsistent with all my notions of propriety colleague says that if the fraudulent votes on the (by no fult of their own) could not give, a solitary vole for and honor to take advantage of their ignorance or ratification of the constitution were thrown out, delegates the convention." “In fifteen counties out of the thirty-four there was no

credulity to wring from them advantages which there would be only twenty-seven hundred vores registry, and not a solitary vote was given, or could be given,

they at least held sacred. I cannot-I will not left. Well, that may be so; but then those who for delegates to the convention in any of these counties." do it.

did not go to the polls authorized those who did Governor Stanton, in corroboration of this state

How the constitution was submitted, Mr. Chair to vote for them, and this left a clear majority of ment, in his address to the people of the United

man, we all know. The slavery clause was only twenty-seven hundred votes in favor of the com; States, says:

submitted; and, strange to tell, you could not vote stitution. Now, I ask my friend if he thinks thal " The registration required by law had been imperfect in

against the slavery clause without swearing to the votes cast on the 4th of January were all local! all the counties, and had been wholly omiited in one half support the constitution with slavery. An act I say, that out of the ten thousand two hundred of them ; nor could the people of the distranchised counties like that needs no comment. I am a slaveholder votes cast on that day against the Lecompitonean vote in any adjacent county, as has been faisely suggested." and a friend of slavery; but, thank God, slavery stitution, nine thousand six hundred were polled

I could multiply proofs on this subject, but it necds no instrumentality like that for its extenis unnecessary. These are sufficient, except to sion; and its most dangerous adversaries are those party had cast six thousand votes in favor of the those determined not to believe. It is true that who would identify it with violations of personal constitution? many of the free-State party refused to vote for propriety and honor, and especially with an out Mr. UNDERWOOD. In regard to the legaliny delegates to form the constitution. They pro rage upon the unquestioned American right of of that election, my friend will bear me punesse fessed to believe, and perhaps did believe, they the people, when forming a constitution, to say would be defrauded out of their votes by their op whether it shall exist with them or not.

that I have, at leasi, endeavored to establish the


[ocr errors]


to say, on his integrity as a gentleman, and a

When proposition that these elections were not of such ponents, who had complete control of all the ma the slavery clause of the constitution was subchinery by which the elections were to be con mitted, some six thousand two hundred and

a character as to demand of the people to come ducted; and they were unwilling, as before stated, twenty-six are reported to have voted for it, of apply, that those who stay away from the pista

to the polls, and hence, that his position does not denominated the bogus Legislature, to recognize thousand seven hundred and twenty were fraud-! My friend asks me in regard to the nine thousand the validity of its acis. I am not their advocate ulent; five hundred and sixty-nine votes were or defender. I think in all this they did wrong; cast in favor of the constitution without slavery; already given six thousand majority in and the other side were wrong in not taking the thus leaving only two thousand nine hundred and census and registration as far as practicable, to thirty-seven votes in favor of the constitution

the constitution; and I ask him if he will renture

e allew

« ZurückWeiter »