Newspaper Page Text
TIMES & SENTINEL
iJoUJMBUS, GEORGIA
“— “ v” ? *
TUESDAY EVENING, FEB 16, 1858
Acknowledgments.
Our thanks are clue to James W. Warren, Esq., lor the
ability with which he has filled the editorial chair during
our absence trout the,city for the last few weeks.
The “States”—Will oj She Majority—Abstrac
tions
“The ‘Union’ admits.the ‘Herald* admits, the members
of Gongre== who are luring the D-mocracv to this wretch
ed and unwholesome alliance admit,that the reversion ol
the L-comprion constitution is inevitable; that the people
of Kansas ran kill it, and will kilt it, as soon almost as
we have recognized its political life- Why then should
the stalwaft Democratic party he allied to a corpse a pain
ted t auble, that tempts the eye, but turns to ashes on the
lips!”
We extract the above from an article in the. “States” of
the sth instant—a paper which w'as once a Zt-aious suppot
ter of Mr. Buchanan’s administration, hut has now linked
its fortunes w ith the Douglas faction of the Democratic
party. The’Slates’in the passage quoted, assumes a fact
upon the admission of the Herald, the‘ Union and others,
and fhorefrotfi deduces a conclusion which, in our judg
ment, ernbtaces a most erfoneous and dangerous doctrine.
As the truth or falsity of its position on the question ol
fact, cannot effort our opiniop upon the principle involved
in its reasoning, we decline to discuss it as irrelevant and
unnecessary The argument qjty be stated thus. Inas
much as 11 Kansas'were admitted with the L<=comptou
Constitution, the people of the Territory, or State, would
soon amend or abolish it and establish another excluding
slayery, Congress should refuse to receive Kansas w ith this
Constitution; and should send it back to the people with
instructions to reconstruct one which aha 1 conform to the
will of the majority, ll we follow ‘.his idea to its legiti
mate re-ults, we shall find it closely related to an absuidi
ty. We will suppose .hat Congress has refused the appli
cation of Kansas and remanded her to the Territorial con
dition—that her next Legislature passes an act calling lor
a vote of the people on the question, whether or not they
desire to calla convention to frame a State Constitution
Congress recognizes the authority ol the Legislature and
the legality of its action. The people, ou the day ap
pointed,decide at the polls in favor ol a Convention—an
an election for delegates is held—the Convention meets at
Topeka; frames a constitution excluding slavery, aud sub
mitsit to a vote of the people on the'2lst December next,
and appoints the 4th day of January therealter lor the
election of a member of Congress and State officers. On
the 21st of December, a large majority of the voters de
clare in favor of the Topeka Constitution. Suppose, fur
ther, that the tro slavery party in Kansas were to organ
ize (what the Slates we presmile would then term; a revo
lutionunt government under the Lecomplon constitution—
insisting that they were the government and denying the
validity of this consecutive action of the territorial legis
lature, They refuse to vote for the election of delegate ß
to the Convention,and also, on the 21st December, when
the Constitution is submitted to the people for ratification
or rejection- Suppose, moreover, that in the meantime, by
reason of the guarantees of the Lecomptiou Constitution
and from the present complexion of the territorial or Shite
Legislature on the subject ol slavery, or from any other
cause, a large number of slaveholders immigrate to that
Territory—that a few days previous to ihe election ou the
21st December, ordered by the Conveutiou, an extra ses
sion of‘.he Legl-lature is called, which provides that at
the election in January for State officers and a member ol
Congress, the people may vote a second time ou the ad
option ol the Topeka. Constitution—that the authors and
friends of the iostruiueutrefusa to vote again on that ques
tion, and that on the 4:h of January next, he Lecomptott
ites cast a latger vote lor the rejection than was polled in
December fit Hie adoption of the constitution,and tints -wr
“come out ol the same hole we went in at. ” Now will cur
cotemporary tell us in w hat respect the condition of af
fairs would be improved! After another year of irritation
and agitation, the constitution must be again referred, he
cause the will of the majority must be respected, is there
no escape from this difficulty! There is, and it is over the
broad and open road of truth and justice. It is found in the.
answer which every honest mind leiurns to the question.—
Shall this great nation regard the action of those who, in
good faith, have conformed to the requirements of law,or
perloi-m the contemptible and disgraceful office ol con
ciliating a lawless and rebellions faction! Shall Congress
admit Kansas with a constitution framed by her people,
under legal'sanction in their own way, or, session after
session, he lashed round and round tltis miserable circle,
with no possible effect hut dishonor to itself and disquiet
’ to the country?
’l ake another case. Suppose Congress should pass a
ota, ahU'MiT “i'l>|MThi iis 1 place" lor ‘Tiot'Jnig ‘the
election. A few of the citizens ol tbeDi trict meet at the
time and place appointed,dfeposite their votes and A. B. is
declared duly elected. Several days afterwards, before he
is invested with the office, those who did not vote, (a large
majority ol thepeopie,) meet in primary assembly and de
clare unanimously that the power of anpointiug the time
and place of holding elections resided not in Congress, but
in the people. They accordingly.declare the office vacant
—order anew election, the result of which is that C. D. is
chosen by a vote (hr greater titan that cast in the prece
ding election for A. B. Now, upon the supposition that
Congress should still claim the right io exercise the con
tested power, will any sane man assert that the action ofi
the minority will not bo respected and su-tained? Yet,up
on the doctrine asserted by the ‘States,’ this would lie over
riding and trampling upon the will of the majorjjy, and
the matter should be reierred again to the people
Surely when the consequences of a doctrine are so start
ling and monstrous, we may well suspect the solidity of its
foundation. The truth is the foundation is rotten. The
principle is unsound, disorganizing, revolutionary. It has
nevor yet found a ioothold in this country, and woe betide
us it it ever shall. In some obscure corners it occasion
ally makes a transient demonstration; but never before has
it dared to lilt its‘‘horr,d trout” iu the halls of Congress.
It is tlie principle of mohocracy—the in arnate demon of
anarchy, thejjsame that in the days of her revolution,smote
the bosom of Frauee with the force of an earthquake, de
throning all authority—deluging her soil with the blood of
her children —annihilating right ol property and stri
king the altars ol religion to the dust.
The will of the majorty isthebasis of all free govern
ment, but it must be expressed in conformity to constitu
tions and written laws. The moment it disrega.ds and de
parts front them it becomes rebellious and revolutionary. ■
The quality of an act cannot be affected by the number of
persons who commit it. That which is rebellious when
done by ten men,is rebellious i( done by ten thousand.—
It is its obedience to or violation o( law that determines 1
it;(character. It jsin this sense that we assert the Lecomp
tou constitution represents the will of the majority in Kan
sas. That instrument'is the only authorized expression of
the populai will ih the territory upon the subject ol a
constitution. Congress—every department of the govern
ment, have recognized the legality of the territorial legisla
ture. The action of that body has been open, notorious
abovehoard. They .have observed the regular, ordinary
gradations in the formation of a constitution. They could
not pass or enforce a law to mike the people vote at the
several elections. If a majority of those entitled chosenot
to vote, there is no remedy for their delanlt. Theireom
plaint is answered, when it is proved that they were noti
fied of their right and were not prev nted from exercis
ing it. Under such circumstances then, to refuse the appli
cation of Kansas, and send her back to territorial pupil ,ge
would be to succumb to the demands of this lawless, pre
tended majority— to di-itrone law-and enthrone faction
to make another dangerous concession to northern fanati
cism. We hope tlie South is not prepared todoallorei
ther. They are, not iter friends who counsel her to
that course. It is the miserable receipt of a yet more
wretched policy whose chief ingredients are pusillanimi
ty and cow ardice.
If it could be rendered morally certain titat, were K,:n-a
admitled to-day, within three months her present coustitu
ion would be abolished or abolitionized by Iter people, sliil
he south should resist its rejection by Congress Sitp
should res’st it, because Congress would have flagrantly
vioiated a principle essential to the safety oi Southern in-ti
tutions, to which that body is solemnly pledged to adhere
She should resist because the tact would then be too plain
to admit ot controversy, that it is tite rooted purpose of the
North never to Hdmit another slave State into the Union.
Let us not be seducedjntd compliance w th injustice by the
base and cowardly plea that” we are contending for an “nb
stractiou.” This i- ;. arbitrary designation of those rights
the exercise of which,Tt is assumed,cat,not benefit us, but
wyll injure the nor h ; that is affect her cupidity or her con
science. It is a word of modern coinage, unknown to the
mint oi the revolution. Our fathers learned nosueh econe
my. They did not parcel their rights into such as were
practical or valuable and abstract or valueless’ Whatever
was right, whether ah-traet or practical was, to them
above price, and they had a tew rich drops of blood to
spare * its defence. With the resolute assertion pl an
abstract principle are identified ihe sublimity and moral
grandeur of our revolutionary struggle. It was not the
mere payment ol tite insignificant lax oi six pence per pound
on tea from which our sires revolted ; but they ieit that
the payment ol six pence on ti amillions of pounds, on
the principle it was demanded would have made them
slaves. In conclusion we repeal what we have often said
that the South should demand the admission of Kansas
with the Lecompton constitution as a condition of” her
allegiance to the Union. This is the position which a due
regard for her safety -summons her to assume—the platform
upon which ,hes faith andShontr requiretber to stand, and ,
unmoveabiy fixed, .-be should there remain, though it
were strewn with the labied dragon’s teeth aud bristied with
armed ‘men.
ft” “? *
r s Uiifs in “€o gross*
From year to year, Congress is called upon to vote large
>uins oi money iro;n J Treasury to supply in .
anMopryjipoa lor the puWic printing ol the County. From
the’ iaegwamounts appropriated, reaching often to more
than two tthihoeaf G* dollar*, it is noi tUattge tiiai the tax
paying people ot the different States, should desire light
a::d in the absence ot it, advocate retrenchment and re
form.
ft is ‘ onr opinion,* that the Government C'ntd he car
ried e(:.Qsiuiuiciiijy; that many oi au
tjlmrize 1 to tie printed by Congress could he dispensed with
and thousands of dollars saved to the Treasury. In &>...• -
fion to the rt*goi*r bilicr passed by Congress f r printing, h
wilt he ascertained from rhe reports that sums are
paid in the way Os di ficiencies. For instance, the deficien
cy Bill now bi-fore Co*--grc~, and Mnu discoid hi the
Representative Branch, ask? for an appropriation of $790.-
•}OO to meet the deficiencies created in the 1 hirty I hird
and Thirty Fourth Congress This appears to be an enor
itioos amount and more than is ne&??ary. The History of
the past legislation on tins übject shows however that thi-”
,y rem o f,.xtiavagu.it appropriation hat been carried on
fpr years The amount ot ft 127,536,40 was appropriated t°
meet the deficiencies created in t:ie Thirty Second Con
gress. The amount of 8625,877.81 for deficiencies in the
I’niriy-Thtid Cot pt . We regard three deficiency. Pills
nil wrong. Specific appro, nations should be made and
when the money is expended, stopping at that point until
additional appropriations are made for the work. I iioh
sands of copies of books, a; troomr.ical explorations con
taining nothing hut stars and lines which icw men hut as
tronomers can understand, pictures ol lats, mice, wood
cock &c , ill Patent Office reports are voted far, which are
almost ue"lei and winch cost the Government large sums
o! money. The country ones iur a reform, in this matter
and we look to the present Congress to adopt some regu
lation by which the heads H the Departments in Wash ng
ton shall he made responsible !i>r the printing done there.
If a worn is to eome irotn the Department of the Interior
•or the Secretary oi the Treasury, le; the officer, upon his
responsibility and after due examination, report t!:e manu
script, a-d appeal to the House to print it for tire Govern
mam of the U. S. Then let the Work ire examined fa a com
mittee and speoili.--appropriation made for so many books j
and not a many an the party chooses to write. W are glad j
to see that our immediate Representative ha? made a few j
pointed remarks upon this subject in Congress, in which he
advocates a reform He has introduced an amendment to the
present deficiency bill before Congress which ./passed will j
a ave the Government a large amount of money and the
difference in the appropriation, so far as the circulation ot
the books is concerned, will not he f> It or known. W e
hope his amendment will be adopted aud hereafter theeouu
try will be satisfied a? to the amounts appropriated. We
have sufficient confidence in the Georgia delegation to ex
pect their cordial co-operation in the work of retrenchment
and reform in lids branch of the legislation pi the coun
try . ir ni
Mr, Stephen s’ ttesolntlon
It wtttbewwo from hhe Telegr-phic Despatches that
Mr. Stephe- s’ resolution to refer the President? message, in j
relation to the Lecompton Constitution and accoropauing j
documents, to the Committee on Territories, ot which be:
isChiirman, has been defeated by one tote,'and At. Harris
of Iffinois, adopted s a asfislitue’ Mr. Harris’ resolution’
refers the whole'matter, with power to send for persons in i
the Territory to a select Committee. This is a rose on
the part of the Black Republicans to delay nil action on
this subject', during the present Congress, and keep up the
negro excitement. The votewds cbnredered a test vote
fu the reception ol the Lecopfon Coffin itntinn Henry ;
Winter Davis, Am,) from Mi, was’ the ..t.lf S ‘.otSterq -r j
who voted with the Black Republicans. Many democrats J
at the North flinched also, but we are glad to see that a :
majority voted with the administration and the taouth.
AH the Americans from the North voted with the Clack
Republican?. .
Tito Committee appointed hy the Speaker, under Mr.
Harris’ resolution, lias a majority of one in favor ot the
immediate reception of the Constitution adopted at Le- j
eompyon.—Mr .Stephens is on the Committee.
1 hsiberg’s .Concert..
An overflowing house received this renowned gentleman
■ and his accomplished associates on Saturday night. The j
garnered beauty of Columbus) (terms the full import of:
which none but the initiated can comprehend) sufficient
quite to have decorated a dozen such spaces, was crowded .
. into Temperance Halt on the above occasion. That scene,
•Bargsßcssarga a? •
: their outlay. T..e latter entertainment superadd. and oppress
i e? us with a sense of, birgation from which'we would him ;
. ho relieved. In giving our opinion of th - achicvcih t-s of
: these distinguished artists, wo would much prefer to speak
■ io general terms. Front such a galaxy it might seem :u ;
vidious to select the star which shone with superior brillian
cy. We confess we aro unequal to the task of criticising j
tiie various performances and assigning to each its place .
in ttie scale of m -rit. If, however, our reader- aro not sat- >
isfiod with this eoufcssiou aud require us, nolens, voleiis, to .
indicate our’preference, we mu-t say that the little ballad :
“The dearest spot on earih,” so beautifully rendered by j
Miss Kemp, pleased us most- The sentiment pf the song |
isso sweet—the verse in which it is enshrined, so fitting and j
musical, and her voice so well adapted to convey aud im
press the sentiment, that, in its delivery, we asked with the
enraptured poet.
f'en a y mortal mixture ol earth’s mould
Breathe such divine, enchanting ravishment I
The efforts of Madame Johansen were more elaborate and
artistic; Not deficient in melody, her voice has greater
compass and flexibility, which, with it? perfect subjugation,
enables her to render operatic music w ith great power and
beau'y. Perhaps, in comparing these children of song, we
should employ the language of Virgil in speaking of the
contending shepherds.
Arcades -mho,
Et eantare pare—
Vieuxtemps, on his favorite in-trnment, far surpasses any
one pe ever heard. Tile violin, in hi? bond?, is no longera
dull, material object, hut a th ns of lire endowed wait sen
sibility—capable of receiving and transmitting impressions,
susceptible to the tenderest or the most terrible emotions.
| At one sane it is harsh, unsocial, angry; at another, piain
r ! ive, unplofaig, and anon
As sweet and musical
As bright Apollo’s lute swung with his hair,
His ox edition of “The Carnival of Venice” was exquis
•( j. oar judgment, for impressive force and beauty he
, i. ■ i its great compositor. But what shall we say
ofThalfaerg? With whom shall we compare him ‘! Who
that witnessed the skill which evolved the concealed git -
ries of the most familiar air, or
Untwisted all the chains that tie
The hidden soul ol harmony,
will not ace -d to him the place of pre-eminence—ol mt -
ter and'monarch ol’the piano? We kn<nv that such lair—
. Ration by the press i? considered as a matter ofcouree ; but,
excuse us, we are in'earnesi till? time. We ere not sorry
that we w ent. Our only regret is for our friends who were
absent and that we may never go again.
Fatal Affray.
On Sunday evening last a homicide was comm tied in
this city by a man named Ilinch on the person of Mi
chael Tracy. The deceased was wounded in the neck by
a pistol-shot and died a few minute? afterwards; Hinch
was arrested hy Deputy Marshal Robinson and committed
to Jail.
Resumption of Banks.
Washington, Feb. 6.—The banks in Georgetown and
Washington City resumed specie payment to-day.
Speech of Jfr. Lunar of Missies) pi.
We begin to-day the publication of the speech of this
gentleman and bespeak for it an attentive perusal by our
readers. For logicirl power and rhetorical beauty we
think it is unsurpassed hy anything which has reached us,
thissession, from the hails of Congress.
Mr Fillmore to be Married.; —The lady who is ex
pected to,make Mr. Fillmore “the happi<'?t of men.” on
the 11th of the present month, is a Mrs. Mclitto-h, wo
man distinguished lor a great variety of charms, solid and
transitory Her husband made a fortune in the crockery
business in Albany, and was President of the Albany aud
Schenectady Railroad during the last three years preceding
the consolidation.
The Weather—Cotton —The weather is cold, damp
and cloudy. The streets are muddy, hnt are crowded
with waeons containing cotton. The trade is brisk, and
the best cotton is bringing 111 cents. Times are gettifig
easy.
Benton County, Ala — The name of this county has
been changed to that of Calhoun hy the last legislature of
Alabama. The Legislature of Georgia Should take warn
ing aud cease to name comities alter living men.
It is confidently asserted in diplomatic circles at Wash
ington, that war between Spain and Mexico is inevitable. ]
hderesiing Ceremonies.—' The ceremonies of the ap?
proachi g aniversary at Richmond, will he concluded on
tli.- 2i ult. On Tuesday the 22d, the Dispatch under
stands, there will be some highly interesting proceedings
Oa that day the walking cane ot Washington, it is expec
U-d, Wail b’epre-ented.oo behalf of the ladies ot the Mt
Vernon : to Honorable Edwatd Everett, o’
Massachusetts, and his spy glass, un their behalf, to the
.H al. VVin. L. Yauey, ol Albania, who, enlisted in the
s ..a cause with Mr Everett, has delivered eloquent lee
turns iu several Southern cities on the character ol Wash
u /'on. Th? presentation speech to Mr. Everett, at least,
it cot to both gentlemen, will says the Petersburg Expie s,
-w o’ niet.y Col. b Wi tluniprd. and it is only necessary
to intimate that he will perform his task, to give assn
iWEU’thkftt'’ ill he wetl done.
The Senate Special Committee on French Spolia
tion claims decided at their last meeting in favor ot repor
ting bill which Mt.Crittenden is preparing, it willin
c d-. ail the reports Ireretof -re made, together with the
Wo X-a. Tile mode hy which the committee propose
to p?y said claims is to’?-ue United States five per cent
stock They limit the amount to five millions, to be paid
pro rata
A pro-slavery me ober oi ‘he Kansas Legislature, Sam
Stover, wasrecefltly assassinated while riding iu a stage
coach It is supposed that the deed was committed by a
s!ack Republican ruffian.
Tne amount expended for printing hy the last two Con
gresses is fti -foOt bO.
23jTTheMemphis Bulletin i? informed that twelve to
Sheen hundred negroes have been carried over the Mem
plus and Charleston Railroad, destined ior Arkansas and
Texas, within tiie. past thirty days.
The Coliins Line of Steamers. —We have authority
for ?U‘ring,says the New York News, that the reports
concerning the failure of the Collins Line originated in a
misunderstanding. The Company is somewhat embar
ra-M'j by the witholding of the money due by the Govern
ment for carrying tiie mails, but they have no idea of
’ abandoning their enterprise which has reflected so much
honor on the American outride. Consequently, the story
that Captains Comstock and West have gone to England
far the purpose of making ?al*- of the Baltic and Atlantic
is iiutre v. The Atlantic will leave New V ork on Febtu
i ary Kl, ad the other steamers will follow iu regular sne
j. cession
Washington Correspondence.
Washington, Feb. sth 1858.
I returned to tin- city la?t evening, after a short visit to
Virginia, and a mere glance over my papers would be Effi
cient, without the external symptoms ol excitement which
meet you at every corner, to show that a crisis is approach*
itig which will .put Si democracy, as a national organiza
tion to the most severe test it has encountered since the re
peal of the Alien and Sedition law. The debate on the
Kausas question is lanly belore Congress. The message
from the President ou this subject is pronounced by all
conservative thinking, honest men, in apd out or Congress,
to be one ol the ablest Slate papers that ha? ever emana
ted irom the Execu ive of the nation; and as such it will
I afford the “Times & Sentinel” the occasion to stamp as
j Jai.?e and slanderous theba-e insinuation recently uttered in
my be trina,by one ol those miserable starvelings thatiol
i low tit - camp, but never iitce the enemy, that your journal
i ha? cea- and to recognize anything meritorious that receives
riie sanction or indicates tha policy of the preseut admin
! isiration. What did it avail, if I did hurl back the impu
tation a? Idle-and baseless—if 1 boasted that lona before
the t in .rinrmti Convention gave to tins-national democracy
the name of James Buchanan, as our s’undnrd bearer, your
| journal advocated hi? selection, and openly proclaimed it?
S preference? What, if I urged your duties and responsibili-
I ties'as a Southern journalist as paramount to ail consider
ations of personal preferences or individual bia?—and ri at
i the hour had come when principle, right and justice must
I he maintained at every sacrifice. Animadversions such as
i these were lost upon the heart, dead to every patriotic im
pulse, aud quickened into a .-ortot spasmodic action only
at the sight ol plunder or the hope ot booty. The South
• nm.-purn such wot-tries- sons. They would give up
their hearths—their wive? and childen to the merciless lury
| o! savage bandits who would deluge the land in blood in
; the ra n■ ot philanthropy,gild under the cloak ot religion
j desecrate all thut’is sacred and holy. Must we sit with j
I folded arms, while the war upon the South has actually |
| commenced within our borders? Is it not time to sound:
the alarm when slaveholdittg Maryland sides through her j
Know Nothing representatives with Northern fanaticism.:
on every question affoctina the South. And although j
they will stand firm on the Kansas question, their frequent j
prevaricatio: sand cium-y dodging are viewed with suspi
, cton, and their course will be subjected to lhe closest seru?
j tiny. They are heart and soul with their Northern breth- |
; run—they swallow the insidious poi-on distilled into their!
I hearts hy that now notorious traitor to the South, Henry i
iW. Davis, but tiiey have to make their election Kansas j
i under the Lecompton constitution, or treason, dishonor and !
: infamy. Fidelity to the South now excludes every other
j consideration We must sever every tie—disown every as- j
j sociation—denounce even every former friend who is not j
i true to, or who would estrange ns from,this high and holy
j purpose. Thus it is that every true Southerner, whether he i
j shapes the legislation of the country, or moulds the ?eoti j
merits of the masses, is as ready to do homage to the pa- !
triotism that dictated the President’s late message on Kaa- !
sas, as he is to disapprove the leniency that would screen |
Paulding from the just punishment due to his arbitrary and
illegal exercise pf power. Our enemies press upon us too.
hard and their savage war cry rings too closely on out
eats to hold any truce with injustice and wrong.
Speeches, on questions aff-cting the South, of great !
power ..ndpogeccy of reasoning, have been delivered by
Georgians in bpth Houses, during my brief absence. .Mr. .
Toombs nobly arid eloquently sustained the President’s !
Message against the assaults oi th? aboiitioni-tJ. led on by
Trumbull of Illinois.
Iv isoo ever on the alert, watches the progress of the bill
to increase ourmilitary force-and, like a faithful sentinel
on the house top, gives the alarm when the honor cr the
safety of the South is menaced. He has addressed the
Senate several times, during the past two weeks, and al
ways with eifect and to the point.
Mr. Stephens firmly, and with liis accu?tomed energy;
and eloquence of style, denounced the capture of Walker !
and expounded the neutrality laws with tiie power of an |
able jurist, and the wisdom o ( a sound patriot. Gartrel* !
stood upon the constitution and hurled de.fiance in the
teeth of fanaticsaiid hypocrites, eloquently vindicating the :
institutions of the South, and successfully establishing his !
claim to rank amongst tb ablest debater? in Congres?, :
while VV right, with au impromptu eloquence that did lion- !
r alike to his head and heart, denounced corruption |
and frau I and called upon Congress to maintain itsinteg.
ritv tmd guard well the people’? money. Crawford and
Seward are equally active aud teady to meet whatever !
contingency may a:i-~e Thus does Georgia fulfill her du !
ty, an i b; her influence and co-operation, in the councils j
of the nation, afford a practical commentary upon what I
must be the result, if fanaticism and tyranny are permitted !
to legislate tor the Union.
Tbe rumor that. Bernhtsel, the delegate from Utah, is ne- ;
gotiating with the Administrat es for the purchase of the
lauds held by the Mormons, and their peaceable withdraw
al to the Sandwich Islands ora lsewhere, is without founda- :
tion. Some proposals of that’nature have been made, but their !
absurd folly wa? at once shown by asking what title tha |
Mormon", who are mere squatters on public lands, had to
snch lands ? Beside?, the mormons have no idea of leav- |
ing, nor has th? government any thought of relaxing its i
present rigid measures in reference to that Territory.
The naval Committee of the House has submitted a tm- |
jcxrity Report condemning Paulding nd denouncing his |
arrest ot’ Walker, as unauthorized by the instructions front
the Navy Department, and deserving rhe emphatic disap
proval of Congress. Mr. Seward concurred in the conclu
sions of th - Report, bu t desires to go further, and will do so
in the form of a minority report which he intends to pre
sent.
Rumors are afloat that Sanders, the New York Naval
Agent and Dougla’s pel, is speculating extensively on the
funds entrusted to his cliaige. He buys for instance a pair
of mules for ssoo—has the hill made out for slsoo,—charge?
the government with the latter amount, and pockets his
share ot the balance. This is only one instance rimany
now presented to the Navy Department, in the form of
written charges, ptofered against him, uy some of the lea
ding democrats ol New York, who fear he may compro
mise the Administration if permitted to remain longer in
office. ‘ BRUTUS.
Washington, Feb. 8, 1858.
Today, the Black Republicans, with the aid of a few
renegade democrats, achieved a triumpn-iu carrying, hy a
majority of 3 votes, a motion submitted,on Friday, by Mr
Harris, of Illinois, to refer the (’resident's Kansas Message
to a Select Committee of fifteen, Mr. Stephen’s motion
to refer to the Committee on Territories, the proper ref.
rence,aud the only one under the circumstances, which j
Jioutd have been ordered, was defeated by a majority of 1
•me vote. That your readers may understand thoroughly j
the combination by whfeh litis temporary victory was ac- -
aomplished, 1 annex the names of those who voted on Mr.
Harris’ motion:
Feus—Abbott, Adrian, Andrews, Bennett, Billinghurst,
Bingham, Blair, Bliss, Brayton, Buflinton, Burlingame, 1
Bui 09, Burroughs, Campbell, Case, Chaffee, Chapman G
Clark,ol Conn., Clawson, C. B. Cochrune, Cocker!!!,
Colfex, Cumins, CoVcde, Cox, Cragin, Crawford, Curtis,
p tmiell, H \V. Davis,.l G Davis, T Davi?, of Mass. T
Davis, of lowa, Dawes, Deans, Dewarth. D'ck, Dick,
Dodd, Durlee, Edie, English. Farnsworth, Foley, Foster,
F-nion.Giddittgs, Gilman. Goode, Goodwin, Granger,
Gtoe.-beck, Grow, L W Hall, R B Hall, Harlan, T 1
Harris, Hasktn, Hickman, Hoard, Horton, Howard, Ow
en Jones, Kellogg, Kelsey, Kilgore, Knapp, J- C. Kunkel,
Lawrence, Lereh, Loiter, Lovejov, McKibbin*, S. S. Mar
shall, Montgomery, Morgan, Morrill, E. J. Morris, J. N.
Morris, F A. Morse, O- A. Morse, Moti, Murray, Ni
hinck, N Kitted?,Oil:;, Palmer, Parker, Pettit, Pike, Potter,
Pottle, Purvianee, Ritchie, Robbins, Roberts, Royce, A.
• Shaw, J. Sherman, J. W . Sherman, R. Smith, Spinner,
Stanton, Stewart, Tappan, Thayer, Thompson, Tompkins
Wade, Walbridg” VYadott, Walton, C C Washburn, F.
;: Washburn, J Washburn, Wilson and Wood—ll 4.
i! Nays —Messrs. Ahl, Anderson, Arnold, Atkins, Avery,
( ark?dale, Bishop. Bocock, Bowie, Boyce, Branch, Bry-
Bu, Barnett, Burns, Caskfe, J B Clark, Clay, Clemens,
l imgmau, Cobb, J Cochran, Corning, J Craig, B Craig,
Ctawlord, Curry. Davidson, R l)avi?, Ditnmiek, Dowdeli,
Fdtnundson, it Eiliott Eustis, Faulkner, Florence,Garnett
L J Gartrell. Giliis, Goode, Greenwood, Gregg, Hatch,
Hawkins, Hill, Hopkins, Houston, Hughes, Huyer, Jack
son, Jenkins, Jewett. G W Junes, J G Jones, Keitt, Kelly,
Kunkel, Lamar, Landy, Letcher, Maclay. McQueen, H
’ ir.-hall, Mason, Maynard, Miles Miller, Millson,Moore
Pendleton, Peyton, Phelps, Phillips, Powell, Quitman,
K ady, Ragan, ttieaud,Ruffin, Ru.-sell, Sandidge, Savage,
5; le?, Scott, Scaring. Seward, H M Shaw, Shorter,
Sickles, Singleton, W Smith, S A Smith, Stallworth,
S vetis. Stevenson. .1 Stewart, Talbot, G. Taylor, M.
T yfor, Trippe, Wade, Warren, Watkins, White, Whit
ley, Winsiow. Winslow, Woodson, Worlendyke, A B
Wright,J V Wright, and Zolhcoffer—lll
- will perceive, and Jam quite sure, with as much
pi -asure as I leel in stating, that Messrs. Hill and Trippe
h: veparted company with that now undeniable Black Re
publican, H. Winter Davi?, he going with his “kith and
kin,” Burlingame, Giddings Cos., and they chosing the
more honorable guidance ol Stephens and their other
faiihful and gratified colleagues. May we not argue from
this that, if the contest should come to the bitter end/they
will iie found nobly fighting in tha ranks of the friends of
the constitution and the South. Let me assure these gen
tlemen—tor they are observant readers of the Times and
Sentinel—that nothing will afford your Washington Cor
respondent more gratification than to record at and com
mend every advance step they may take in faithfully rep
resenting a Georgia Con stitueney. They have, for there
own fame and the character of their State, made many
false steps—committed fatal blunders—but we can over
look a good deal when we consider that they came to
Washington perfectly unsophisticated—mere tyros in the
science of federal politics, and that on their arrival here
they fell into the fangs of such men as H. W. Davis—bro
thers in the midnight mysteries, they easily became bro
ther? in treason t > their sacred pledges and their fealty to
the South Wo must hope the dolusion is dispelled, and
that their first manly vote to day is but the prelude to fu
ture per?everence.
The difficulty which Occurred during the late session
of Friday night, between .Me-srs. Kei tof South Uarolina,
and Grow of Peno-ylvaui i, wa? settled amicably yester
day. Both acknwb-.Jged they were 100 hasty—struck
hands and there was an end oa’t. Still the occurrence is
ominous The strong party of Black Republican bullies
when the fracas was pver, returned to the centre of the
Hall, and stood ready for the light, was not without its
admonition; nor do I believe its lesson was or will be for
gotten When tile a- ci-i -e question, on the admission of
Kansas comes up, our re a I position in the confederacy will
be weighed in the balance, li justice does not hold the
scales, consequences may follow for which the South will
in no way be responsible- As matter? stand now we ex
pect a majority of three or four in the House—while in the
Senate our relative streng'h will lie much larger.
“The State.?,’ published in this city, a paper that has
made its way qt ia supceasful) in the S .uthern States,
has, within the last ten days.jbeen bougnt body and soul
hy certain friend? of J edge Douglas. It was rumored’that
Blair of Mi?;octa had beeu negotiating lor it, with some
prospect of success when the negotiation above mentioned
was consummated- Th price is said to be two-lold; so
much in hand, an J so much whet a certain contingency
happens. Lat the Southern patio >? ol this paper watch
its future progress.
I have belore me a liuie Know Nothing sheet called the
“Rome Courier,” of the 3d instant, in which some anony
mous scribbler arraigns Messrs. Stephens and iVright lor
voting against a clap trap resolution offered by Zoilicofler
of Tennessee,directing the Committee on the Judiciary
to report a bill regulating and restraining the importation
or immigration ol foreign paupers into the United States
Did the booby know that each Slate ha3 the sovereign
right to pass such laws aud restrictions respecting foreign
or domestic paupers as if may deem proper and requisite?
! Did he know that several of the States having large sea
! port?,have passed such laws,and that their right to do so has
; been acknowledged by the highest judicial tribunal —the
: Supreme Court of the United States? Did he know that
South Carolina has carried this “right so tar’ as to impose
j restrictions upon the negro sailors, who arrive in her ports
, in i—, o.ola'l ? t* ■— • * -*
| ereign unalienable rights pertaining to and reserved by the
j States, and is insensible to the bad taste,if not the pernicious
! precedent of transferring to the shoulders of the general
| government the borders which the several States are each
fully capable of settling themselves, where, let me ask
I him, in Georgia, or when have our good people there been
; regaled with the sight of a if- sh cargo oi living paupers?
| Those who voted for the resolution did so, doubtless, to
save time. II Messrs Stephens aud Wright did not chose
: to gratify Mr. Zollieoiier’s inordinate vanity to make
1 Know Nothing thunder, they are to be commended lor
their discretion, and are entitled to our thanks.
1 The committee on the frauds connected with the pas
| sage of the Tariff of last year, are progressing slowly, but
! are assiduous In their efforts to probe the mass of corrup
’ tion before them. At their meeting to-night, a witness
named Walcott, refused to .testify, and the case will be
broght before the House to-morrow. They may yet have
to adopt the proposition of Judge Wright to commit to.the
common jail every witness who prove? contumacious.
BRUTUS.
Congressional.
Washington, Feb. 11.—In the Senate, the Ar
my Bill was discussed, and an appropriation of
$6,000 vi t. and for the Bred Scott decision. Tiie
! Senate adjourned till Monday next.
In tiie House the following gentlemen were ap
pointed, mid r the resolution of Mr. Harris to re
: fer the late Kansas message of the President to a
: a Select Committee, viz: Messrs. Harris, (Black
| Rep.) of Illinois; Stephens of Georgia; Morrill,
! (Black Rep) of Vermont; Letcher, of Virginia;
Wade, (Black Rep) of Ohio; Quitman, ol Mis
| sissippi; Wilson, (Black Rep.) of Indiana; Ben-
I nett, (Black Rep.) of New York; White, (Dem.)
of Pennsylvania: WaJbridge, (Black Rep.) ot'Mich
i igan ; Anderson, (K. N.) of Missouri; Stephenson,
j of Kentucky ; Adrian,. (Dem.) of New Jersey;
Buffington, (Black Rep.) of Massachusetts, and
| Russell, (Dem.) of New York.
The passenger Bill was debated.
Walcott, the witness in the case of Lawrence,
| Stone & Cos., has refused to testify before the Com
| mittee. A resolution was passed to bring him to
I the bar of lhe House for contempt.
• Personal.
Washington, Feb. 11. — Judge Cato and Joseph
| P. C:trr, E-q. of Kansas, called upon the President
;to day. Mr. C.trr will be a claimant for his seat in
Congress from Kart-as, alter the admission of the
! Territory into the Union as a State. He left this
! evening tor Charleston, South Carolina.
-*■
The Lecompton Constitution.
“Inspector,” the well posted correspondent cf
| the New York Courier and Enquirer [Black Re
j publican] writes to that paper from Washington,
i at?follow?:
The following estimate has been made of the
| vote on the Lecompton Constitution:
Soutbein Democrats and American 83
Northern Democrats 44
Total affirmative vote in the House 127
IN THE NENATIVE.
Republicans 9]
Northern Democrats, 9
Southern Democrats, 2
Southern Americans, 4-106
Majority for Lecompton Constitution, 21
One Southern Democrat is not expected to be
present,
In the Senate, twenty four Southern Democrats
are certainly for it, and seven democrats from the
free States.
The following Senators are considered to oc
cupy doubtful positions, to wit—Houston of Texas
Bell of Tennessee; Crittenden and Thompson, of
Ky., Pearce, of Maryland. Pugh of Ohio; Mr. Al
len, of R. I. Os the opposition vote, 20 are Repub
licans, and one is a South American. Mr. Ken
nedy, ot Md., and three are North Democrats. It
is assumed these 25 votes can be relied upon. The
Democrats thus classified are Mr. Douglas, Mr.
Stuart and Mr. Hr derick. Should all the doubt
ful men join the Republicans, a tie vote would be
produced, and the responsibility of a decision
would be thrown upon Mr. Breckinridge.
Cincinnati, Ohio, Feb., 11—The Cincinnati Coal Oil
Factory, at Maysville, has been burned, at a loss of SSO,- 1
000, and no insurance, 1
Nicaraguan Affaire add Lecomptiou Constitution.
SPEECH OF HON. LUCIUS Q. C. LAMAR.
OF MISSISSIPPI.
On Nicaraguan and Kansas affairs , delivered in
the House of Representatives, January 13, 1857.
The House being in Committee ot the Whole
on the s’ate of'he Union, aud having under con
sideration. the President’s annual message, Mr. LA
MAR said :
Mr. Chairman; It is not my purpose to discuss
tiie various questions involved in our Central Aroer
lean relations. Should I avail myself ot a future
occasion to do so, I may be forced .eluctantly to
dissent from some ol the views so ably presented
by my distinguished colleague [Mr. Quitm-m.]
However painiul this may be to myselt, I never
theless fee! confident of his generous indulgence,
especially when he sees in my course only the re
flex of his own spirit of independence; a spirit
which runs like a stream of fire th.ough ali hi?
acts and writings, which enabled him a lew years
since to light up the ardor of a thousand patriots,
to fire his countrymen to the assertion oi their
riglt's, and at this day enshrines him in the iiearts
and affections of the people of his State, without
distinction of party.
Mr. Chairman, any proposition which has for its
object the advancement, and progress of southern
institution?, by equitable means, will always com
mend itself to my cordial approval. Others may
boast oftneir widely-extended patriotism, and their
enlarged and comprehensive love ot this Uuion. —
With me, I confess that the promotion of southern
interests i? second in importance only to the pre
servation of southern honor. In reading her his
tory and studying her character, ’ I delight to lin
ger in the contemplation of that stern and unbro
ken confidence with which the South has always
clung to the integrity of her principles and the
purity of her honor. In that unfortunate division
which has separated our country into sections, tta
turai causes biyond our control have assigned to
her the weaker section. A numerical minority
finds safety and protection alone in the power of
truth and invincibility of fight. The South, stand
ing upon this high ground, has ever commanded
the respect of her friends and defied the assaults
oi lier enemies. When ruthless majorities have
threatened wrong and injustice, their hands have
been stayed only by tiie deference which the worst
spirits unconsciously pay to tiie cause ol justice.
In the long and bitter contests which have marked
our internal struggles, the South has made but one
demand—the constitution ot our common country,
the claims of justice, and the obligations of States,
and it is our boast to-day that we can present a
record unstained with a single evidence of violated
faith or attempted wrong. The same regard tor
truth, justice, and honor which characterizes our
intercouse with the various sections of our own
country, furnishes the safest rules for our deal
ings with other countries. As the constitution is
the law of our conduct at home, so let good faith be
the rule ofotir conduct abroad.
If I could do so consistently with the honor of
my country, I would plant American liberty, with
southern institutions, upon every inch of Ameri
can soil. I believe that they give to us the highest
type of civilization known to modern times, except
in those particulars dwelt upon so elaborately and
complacently by the gentleman from Massachusetts,
[Mr. Thayer.] In that particular form of civili
zation which causes the population of a country
to emigrate to other lands for the means of subsis
tence, 1 concede to the North great superiority over
our section. [Laughter.] There can be no doubt
that New England and especially Massachusetts,
is a splendid country to emigrate from, and, in this
respect^stand unrivalled, with perhaps the single
exception of Ireland. [Laughter.] And right here
I desire to express my acknowledgements to the
gentleman for (he very apt and classical compari
son which he instituted between his section and
the officina gentium. It never occured to me be
• fore, but, since he lias mentioned it, I must con
■ fess to the resemblance, in many respecls, between
the recent emigration from New England and the
irruption of the Goths and Vandals. [Laughter.]
It is also due to candor that I should say that the
gentleman’s vindication of the emigrat t aid socie
ties places the objects and motives ot that enter
prise upon more defensible grounds than we of the
South supposed to exist. For one, lam perfectly
satisfied that the thing was demanded by necessity,
and has resulted in benefit to all parties concerned;
that the country was benefited by getting rid of
’ the population, and the popnlation greatly benefi
’ ted by leaving the country. [Laughter.]
1 To return from this digression : while lam a
! my section. 1 will never consent 10 submit the
! fate ol our noble institutions to the hands of mart
tiding bands, or violate their sanctity by identifying
1 their progress with the success of unlawful expe
ditions. And most especially, when I see them
1 receiving the countenance and sanction of a dis
’ tingnished senator, whose course on the Kansas
1 question is so fresh in our recollection.
1 Before I consent to . ny new schemes of territo
-1 rial acquisition, to he effected, as usual, by the pro
wess of southern arms, and the contribution of
southern blood and treasure, I desire the question
of the South’s right to extend her institutions into
> territory already within the Union practically and
- satisfactorily settled by the legislation of this COll
- gress. These territorial acquisitions so fat have
, been to the South like the far-famed fruit which
, grows upon the shores of the accursed sea—beau
. tifnl to the sight, but dust and ashes to the lips
We leant from the President’s message that the
people of Kansas having reached the number that
would justify her admission into the Union as a
State, she has, by her duly-constituted authorities,
taken all the steps necessary to the attainment of
this object, and will in a short time demand the
- redemption of the pledge of the government, that
she “shall be admitted, with or without slavery, a?
her constitution may prescribe at the time of suci
admission.” But, in advance of her application,
we are informed by the distinguished author of the
Kansas bill, and gentlemen upon this floor, that
her case has been prejudged, and her claims re
jected. This presents a question before whose
colossal magnitude the wrongs of Walker and the
criminality of Paulding sink into insignificance.
I propose to examine into the grounds upon
which this violationlof plighted taith is attempted to
be justified. The ground principally relied upon
is, that the constitution which she presents was
framed by a convention not called in pursuance of
an enabling or authorizing act of Congress, but on
the mere motion of the territorial legislature. Now
sir, apart from the practice of the government,
which has not been uniform on this subject, I, for
one, admit, to the fullest extent, the propriety and
importance of such an act of Congress. I have al
ways held that the sovereignty over these Terri
tories was vested in the people of these United
States : that the power of legislation in reference to
them belonged to Congress, and that this power
was limited only hy the constitution and the nature
of the trust, and that before the inhabitants of the
Territory are competent to form a constitution and
a State government, it is necessary that Congress
should first withdraw its authority over tiie Terri
tories. The necessity of an enabling act I concede
to the fullest extent. Whenever individuals in a
Territory undertake to form a State government
without the previous assent of Congress, they are
in my opinion, guilty of gross usurpation arid fla
grant disregard of’the rights of lhe United States
and the authority of Congress. Under such cir
cumstances, it becomes a question purely of dis
cretion with Congress whether to remand them to
their territorial condition, or to waive the want of
authority, and to ratify the proceedings as regu
lar and iawful. The question now presents itself,
do the cncumstarices attending the application of
Kansas for admission into the Union present such
a case?
Was the convention at Lecompton an unauthori
zed and revolutionary assemblage, usurping the
sovereignty of the State, and throwing off unlaw
fully the authority of the United States ? I hold
that it was a convention of the people called by the
regularly constituted authority, and with the pre
vious assent of Congress. 1 hold that lhe Kansas
bill was an enabling act, vesting the territorial legis
lature with power to call such a eonvention. n
analyzing the provisions of that noble law, we find
that it looks to higher objects and more enduring
results than the me-e organization of temporary
territorial governments for Kansas and Nebraska.
It looks beyond the territorial status; it provides
for its admssion as a Stale-, and in express terms
pledges the faith of the government that it shall he
received into the Union, “with or without slavery,
as its constitution may prescribe at the time of snch
admission,” It also declares “the intent and mean
ing of this act” to be “not to legislate slavery into
any Territory or State, nor, to exclude it therefrom,
but leave the people thereof perfectly free to forth
and regulate their institutions in their own way, 1
subject only to the constitution of the United Slates 1
and the provisions of this act.”
Now, had the bill stopped here—had it gone no 1
further—there might be some ground for the objec- 1
tion that additional legislation by Congress is nec
essary. the bill might guaranty to the people 1
admission as a State, and therightof forming their ,
constitution, and yet reserve to Congress the all
important power of determining when the people j
had attained a sufficient maturity and growth to fit
them for the enjoyment and exercise ot this high
est and most glorious right of self-government. It
might reserve to itself tiie power of determining
who should constitute such a people —who should
be tiie qualified voters —and, in short, of prescrib
ing all the steps preliminary to a call of the con
vention of the people. I say Congress might well I
have reserved all these high and delicate tliscre- !
tionary powers to herself, and there might be some
ground for claiming them in behalf ot Congress,
had the bill stopped with the clause which I have
quoted. T
Bur, unfortunately for the enemies of Kansas,
the bill does not stop here. It goes on to corner
the most ample powers on (he territorial legisla
ture. In section twenty-two, after providing for the
first election, it say.? :
“But, thereafter, the times, places, and manner
of holding ami conducting all elections by the peo
ple shall be prescribed by law.”
Again : after providing for qualifications of voters
for the first election, it says :
“But the qualification of voters, and of holding
office, a t all subsequent elections, shall Vie such as
shall be prescribed by the territorial legislature.”
In s ctlon twenty-four it is further enacted that
the legislature po ver of the Territory shali extend
to all rightful subjects of legislation consistent with
the constitution.
These clauses, taken together, embrace the en
tire subject in dispute, and vest all powers connec
ted therewith in the territorial legislature. What
can ne more clear and rightful subject of legisla
tion titan to determine the time when a people
shall emerge from their condition of territorial pu
pilage into that State sovereignty, of calling a con
vention of the people, prescribing the qualification
of voters, and arranging the usual detail prepara
tory to the application for admission as a Slate. In
deed, sir, according to the well-settled maxims of
civil law, no people can undertake to form or abol
ish a constitution, except in obedience to the sum
mons or invitation o's the existing legislative au
thority. It was in this view that Congress has del
egated these high and important matters of legis
lative di-cretion to the h rritorial governme t.—
You may take up any enabling act passed by Con
gress, and vou cannot find a provision in i’ which
is not involved either in tbe specie grants or gen
eral delegation of powers contained in the Kansas
bill
The conclusion which the language of the bill
authorizes is strengthened and sustained by its
history. When this hill was first reported it con
tained ’he usual power which you find in all terri
torial bills, of congressional veto, revocation or re
peal of tbe territorial bills, of congressional veto,
(evocation or repeal of the territorial laws ; but it
was stricken out, and tiie bill became a law, with
no reservation of power to Congress touching this
point, limiting the broad grant of jurisdiction to the
territorial legislature over “ail rightful subjects of
legislation.” It the language of the bill and its his
tory could leave any doubt as to the correctness of
this construction, it would at once be removed by
a recurrence to the debates when the bill was pend
ing in Congress. The speeches of both friends and
foes are replete with the proof ot what I say. I
could quote from the author of the bill, aud from its
supporters in this House, to show that their object
was to transfer to the people of Kansas the entire
control over Iter in ernal affairs, including slavery,
untramelled by any congressional legislation. But,
sir. it is not necessary.
It may be said that, if this construction be true,
the bill embraced two entirely distinct and dissimi
lar subjects : one organizing a Territory, and the
other providing for the admission of a State. Well,
sir, il I am not mistaken, this very objection was
made, to wit: that tiie bill was against all regular
parliamentary procedure. And a distinguished
gentleman from Missouri, after exhausting his pow
ers of invective, like a man in fight reserving bis
most potent weapon for the last blow, threw at the
bill an immense word, which sent our venerable
Secretary ol State stunned and reeling to the dic
tionaries. He said it was “amphibological.” But
the framers of that bill were not after parliamenta
ry symmetry or harmony of outline. Their object
was to settle great questions of strife which threat
ened the integrity o’ the Union ; to bind in one
compact and durable structure the equality of the
States, the authority of Congress, aud the glori
ous right of self-government; to build a platform
on which the rights of every section in the Union
might rise above the turbulent waters of sectional
sirtte, and proudly defy all the attacks of fanati
cism. In confirmation of tiie view I have taken,
I desire to invoke the authority ot the distinguished
publicist and jurist who is now lending his influ
ence to the enemies of the South and of Kansas.
Mr. Robt. J. Walker, in his inaugural address as
governor of Kansas, speaking of the Lecompton
convention, says :
“That convention is now about to be elected by
you under tbe call of the territorial legislature, cre
ated and still recognised by the authority of Con
gress, and clothed by it, in the comprehensive lan
guage of the organic law, with full power to make
such an enactment. The territorial legislature,
then in assembling this convention were fully sus
tained by tiie act of Congress.’’
Agan he says:
“The people of Kansas, then, are invited by the
highest authority known to the constitution to par
tic pate, freely and fairly, in the election of dele
gates to frame a constitution and State government.
The law has performed its entire function when it
extends to the pe iple tiie right of suffrage; hut it
cannot compel the performance of that duty.—
Throughout our whole Union, and wherever free
government prevails, those who abstain from the
exercise of voting authorize those who do vole
to act for them in that contingency ; and the ab
sentees are as much bound, tinder the law and
constitution, where there is no fraud or violence, by
tbe act of tbe majority of those who do vote as
tiidiigh all had participated in the election.”
It is true that the distinguished author of the
bill denies that it confers any suclt power. And
yet the very ground upon which he rests his oppo
sition to the admission of Kansas seems to break
the moral force oi this denial. His position is, that
the Kansas bill intended that the constitution,
when adopted, should be submitted to a direct vote
of the people ; that this was its intent and meaning.
Now, sir, if the bill went so far as to prescribe the
mode of adojiting tbe Constitution, it certainly con
templated the framing of it. A constitution can
not be submitted to the people until it is formed.
Having demonstrated that this convention, as
sembled toform the constitution, possessed every
attribute heretofore regarded requisite to complete
the work effectually, it is easy to refute the objec.
tion that before it can present a valid title to this
Congress, it should be first submitted, for adoption
or rejection, to tiie people ; not to tiie people whose
delegates framed it, but to tfem and such settlers
as may have come into the Territory during its
progress to completion ! In order to show how
empty and ridiculous are the pretexts for (ejecting
Kansas, I propose to give this argument in the lan
guage of its author. Hptaktng of what the Pres
ident says of the convention at Lecompton, the
distinguished gentleman to whom I refer (Mr.
Douglas] says r
“The President does not say, he does not mean
that this convention had ever been recognised by
the Congress of tiie United States as iegafor valid.
On the contrary, he knows, as we here know, that
during the last Congress I reported a bill from the
Committee on Territories to authorize thepeopie
of Kansas to assemble aud form a constitution for
themselves. Subsequently, the senator from Geor
gia [Mr. Toombs] brought forward a substitu e for
my bill, which, after having been modified by him
and myself in consultation, was passed by the Sen
ate. It is known in the country as “the Toombs
bill.’ It authorized the people of Kansas Territ -
ry to assemble in convention and form a constitu
tion preparatory to their admission into the Union
as a Jstate. That bill, it is well known, was de
feated in the House of Representatives It mat
ters not, for the purpose ot this argument, what was
the reason of its defeat. Whether tiie reason was j
political one; whether it had reference to tiie then
existing contest for the presidency ; whether it was ;
to keep open the slavery question ■; whether it was
a conviction that tire bill would not be fairly car- j
ried out; whether it was because there were noil
people enough in Kausas to justify tire formation !
of a State ; —no matter what the reason was the
House of Representatives refused to pass the bill,
and thus denied to the people of Kansas the right
to form a constitution and State government at this
Proceeding then to discuss the power of the ter
ritorial legislature to call a convention, he concludes
as follows :
“il you apply these principles to the Kansas
convention, you find that it had no power to do ,
any act as a convention forming a government;
you find that lhe act calling il was null and void 1
from the beginning; you find the legislature could ,
confer no power whatever on the convention.” ,
Upon a subsequent occasion, defending his po- I
sition he says as follows : ,
’ “In other words, I contend that a conve im n
’ constituted in obedience to an enabling act of Con.
| S ress previously giving assent, is a consti utiojiaS
I body of men, with power and authority ‘o insti
tute government; but tha’ a convention a.--- mb!, and
under an act of the territorial legislature, without
the assent of Congress previously given, has no
authority to institute government. *
“This was my position in regard to th?; effect .f
an enabling act. I then went onto show
there having been an enabling act passed for Kat
j eM the Lecompton convention w..s irregular.
It is rather la:e in the day for this gentlt titan to
begin to rectify such irregularities. We need g 0
no further back than California. Site was begot,
ten by a military general, and forced into the fam
ily of States by tiie Caesarean operation of an exe
cutive accoucheur. [Laughter.] Yes, ?ir, with
out any previous assent of Congress, without even
the authority of a territorial legislature; without
any census, a band of roaming adventurers was
lugged into the Union over all law at and p ee.-.1. t,
as the coequal of the oldest State in this Union be
cause it happened to be a free State. What, then,
said this stickler for enabling acts? How -poke
tiie putative father of these latter day doctrines?—
Mr. Douglas said in 1850.
“I come now to consider California a? a State.—
The question is now presented whether w vvr
ceive her as one of the Stales of this Union: aud,
sir, why should we tint do it? ‘Fite proceedings
it is said, in the formatiou of he r constitution and
State government, hav- been irregular. I* ‘I a? be
so, whose fault i? it? Not the people California
for you have refused for the period of two year?,
to pass a law in pursuance of which tiie prcc-t -
ings would have been regular. Surely you will
not punish the people of California for your out:
sins—sins of ornisssion as well as of commission.
“It will be recollected by every Senator present
—I trust the fact will not be forgottei.—that more
than one year ago, I brought in a bill to authorize
the people of California to form a State constitu
tion, and to come into the Union. Had that 1:
| passed, the proceedings would have been reg
I lar.
“Well, the bill was defeated, and the peopled
I California, acting upon these suggestions, and re
lying upon the precedents cited, have i< rmed a
constitution and presented themselves t r adm ?-
-ion. Now they are to be told that they cannot be
received, because Congress failed to pass a lav.,
and the proceedings are irregular without if. 1.l
not precisely understand what is meant bv the ir
regularity of these proceedings. I have examin
ed the precedents in all the eases in which r evt
States have been admitted into the L T nion, from
Vermont to VV sconsin. I will not go over hem in
detail, ‘"T use precedents show that then
is no established rule up 11 the subject. There are
several cases in which there have been no previ''tis
assent of Congress, no ce. su? taken, ire quaiifo •
tions toi voters prescribed. There i? no rule atm
consequently can be no i’Tegiilanty * . *
“I hold that the people of California had a rig! ’
to do what they have done—yea, they had a ru -
ral, political, and legal right, to do ail they hare
done.”
How different is his language io Kansas! The
very refusalofCongress to pass an enabling act
for California is urged in justification of so r mon
strous proceedings, and is presented as her strong
. e?t title 10 admission. But when Kansas applies,
the same action by Congress is relied upon ,- art
insurmountable obstacle to her admission. The
, California Convention had the perfect right, moral,
legal, and political, to do what they have done. But
(he Kansas con vention, although acting under an
act of Congress which pledged the faith of the na
tion to her admission as a State, relit.g under a
regular and legal c ti! of her people, even safe
-1 guard provided, is held to hate no powi rto dn t,y
1 act as a convention forming a government; th, 1
the act calling it was null and void irotn tiie be
ginning, and that Congress,in refusing to pa-?:
enabling act, [no matter what the inorive,] dt-iri
to the people the right to form a constitution and
State government.
Sir, how are we to reconcile such glaring incon
sistency? There is but one solution, an. 1 every
day is riveting it in the southern mind; and that i?
where a State applies for admission with a consti
tution excluding slavery, no irregularity can be
too enormous, no violation of precedent too mat ke<!
no disregard of constitutional procedure too pal
pable, no outrage can be to enormous for its ad
mission as a State into the Union; but when a
State applies for admission with slavery in its con
stitution, no excuse can be too trivial, no pretence
too paltry and ignoble to keep her out. Sir, the
direct tendency, and with some tire avowed übje ..
of all rid? opposition, is to delay the admission of
Kansas until she becomes a free State. Ido not
charge this on that gentleman. Bui why does he
pursue this course? It is but an offshoot of that
damnable policy which has been preying upon the
vitals ot the South for the last forty years—that
ot buying peace from the the turbulent and ia;,ati
calat the expense of the quiet and orderlv When
Missouri applies for admission, abolitionism get?
up an exeitement about slave territory. For peace
sake, Congress over leaps the constitution, and
marks out a line beyond which slavery shall not
go. Abolitionism raves to be heard in Congress
about slavery generally, and for the sake of peace
Congress alows it to fill the capitoi with abolhion
petitions which it has tto power on earth to grant.
Abolitionism has armed bands to go and drive
slaveholders out of Kansas, aud Robert J. Walker,
lor peace sake, would hand it over to them. To
pacify a band ot rebels, reeking with the blood of
southern men, women and children, to whom he is
indebted for all he is, he turns against liis benetac
tors, he violates his pledge, abus s hi? trust, dis
graces his office, truckles to the vile, tramples on
the just, and scatters the firebrand of discord
throughout Kansas, the Union anti the Capiol.—
And Stephen A. Douglas, who was for lassoing
California and dragging her into tbe Union
over all law and precedent, and the viola
ted rights of fifteen of the sovereign Stati sos this
Uni 11, would now subject Kansas to all the rig
ors of lhe Inquisition to keep her onto! tee Uuicn
But we are told that it is a contempt of the au
thority ot the people ol Kansas—that it is an in
road upon popular sovereignty t, withold Irotn
them a revision of their constitution. Nir. the au-
ot tiie people is iuily recognized; popular
sovereignty, as a principle, is iuily enforced when
an opportunity is afforded to tire legal voters to
deposit their votes for delegates to a convention.
Sir, are not those delegates the people’s agents? Is
there a lawyer present who would teach his client
that the acts of an unauthorized agent are invalid.
it not submiUedforratificarionto theprincipa!.’
Would he tefi them that ouch acts, unsubmitted,
would be insulting to the principle’s dignity, or
intrusive upon his prerogatives. Would you say
that no respect should be paid to the acts, ot to
principal himself, if he suffered them, to go forth
as his own unratified? The truth so-H just in the
oppos'te direction. “The right and efecting delegates
to a convention,” in the language of the profound—
es! writer on the philosophy of government, “pla
ces the power of the government a? iuily in the
mass of the community as they would be had they
assembled, made, and executed the laws them
selves without the intervention of agents or repre
sentatives.”
Tiie people act in (heir sovereign capacity when
they elect delegates; and the delegates thus elec
ted and convened ate, tor all practical purposes,
identical with the people. Sir. I take higher
grounds. .1 hold that the highest iuibodiment of
sovureonty, the most imposing political assemblage
known to our constitution and laws, is a eonven—
tion of the people legally assembled, not en masse
tor such an assemblage is unknown in our repren
ta’ive system, but by their delegates, legally elec
ted. When such a body, with no declared"limita
tion upon their powers, are deputed to form a con
stitution,and they execute their trust, the consti
tution, ipso facto, becomes the supreme law of the
land, unquestionable and unchangeable by any
power on earth save that which ordained it. ’ This
is no novel doctrine. It [has the sanction of the
wisest and’greatcst men known to American histo
ry. Mr. Calhoun, speaking of a convention of the
people,says it implied “a meet ng ot lhe people,
either by themselves or by delegates chosen for the
purpose in their high sovereign character. It is, in
a word, a meeting of the people m the majesty of
their power—in that in which they may rightfully
tntke or abolish constitutions, and put up and
down governments,at their pleasure.” [Calhoun's
works, yol. 2, page 612 ] Our present Chief Ma
istrate, m standing bv the action of the Leoctneton
constitution, is only acting in accordance with his
opinions, long since recorded. In tiie debate on
the veto power, he said:
lhe Senator [Mr. Clay] asks, why has not lhe
veto been given to the President on acts of con
ventionsheld l° r the purpose of amending our
cojistitutlons? It it be necessary to restrain Con
gress, it is equally necessary to” restrain conven
tions. lhe answer to tltis argument is equally
e ® s J” K would be absurd to grant an appeal thro’
the intervention of the veto to the people themselves
against their own acts. They create conventions
hy virtue ot their own undeiegated and inalienable
sovereignty; and when they speak, their servants,