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Show ) 114 A POLITICAL 'l'EXT-DOOK FOR 1860. forty -LI.ree of the Mty delegates present affixed th eir signatures to the cons~itution. A lttrge majority of the Convention were In :avor ?f rstnblishit1g ~hwcry in Kan~:ts. 'l'hcy acco:d111gly m ·ertc!l tm a.rticle in the co n ~ tltuti o n for Uus purpose Rimilar in form to those which had !teen adopted by other Territ.orial convention!!. lu the l:!chcdule, however, providing for the trnns.ition fi"Om a. 'J'c1:ritorial to a ·tate government, the quest1on haa been f:urlr and explicitly refcrrecl to the people, whether they Will havtl n constitut ion " with or witho ut . 'Ia very." lt dechLres t~at, heforc the constitution adopted by the Convent.1on "shnll be sent to Congres~ fnr :11lmbsion into ' he Union ns a ::)t :tte" nn election shall IJe helcl to decide tlti::~ question nt which n.ll the white male inlmiJitnnts of the 'l'erritol~ Y above the age of 2l nrc entit.led to vote. Th ~y arc to vote by ballot; ancl "the hallotl:! ca ~t at sau.l election shall be indor~c<l ' conl:ltit.ut ion with Hill ve1·y,' :~.nd 'constitution with uo Ia \' Cry.' " If tho1e be IL mnjority in favor of the the "constitution with Sla.· very" then it is to be transmi tted to Co ngress by the prcsi'dent of the Convention in It:~ original form. If, on the contrary there shall be a majority in favor of the "constitutio~ with no 'lavery," "then the article prov iding for Slavery shall he ~tric k e n from t!1c cons.til':l· tion by the president of Un~ Convention;' and 1t IS expressly declared that " no Slavery ~h all cxi~t in the State of Kansas except tl1at t.hc right of property in slaves now in thd 'l'errito1·y l; hall in no 111anner be inte rfered with·" and In that event it is mnde his duty to have the ~onstitutlon thus mtilicd, transmitt.ecl to the Congress of tho United States, for tl1e atllUi:ssion of the State into tho Union. At this election, every citizen will have an opportunity or expressing his opinion by his vote "whether Kansas shall be recci ved into the Union with or without ~la very," and thus this exciting qu e~l i on lllli.V be peac ~fully settled in the very mode reqmrcd hy the organ1c law. '.l'he election will be held under legitinulte authority, and if a.ny portion of the inhabitant ::~hall refuse to vote, a fair opportunity to do so having been p resent ed, thi.s will be their own voluntary act, and they alone will be rc ponsible for the con!lequences. Whether Kansas shall be a ft·ce or a lila vc ... tate, lllust eventually, under some authority, lJc dccidecl by an election; and the question can n ever he more clearly n distinctly presented to the people than it is at t,he present moment. Should this opportunity be rcj cctctl, she may be involved for years in domc:;tic tliscord, anti possib ly in civil war, before she can again make up the Issue now so fortunately tcndercu, and again rea ch the point she has already attained. Kans!lS has for some ycarl! occupied too much of the public attention. It is high time thi shoulcl be directed to far more important objects. When o nce aclmitted into the Union, whether with or without ,' lavery, the excitement beyond her own limit:; will speedily pass away, and she will then, for the firs t tirnc, lie left, as she ought to have been long since, to manage her owu atfairs In her own way. If her constitution on the s ubject of lavery, or on any other subject, be displeasing Lo a majority of the people, no human power can prevent them from changing it within a brief period. Under these circumstances, it may well be questioned whether the peace and quiet of the whole country are not of greater importance than the mere t emporary triumph of either of the political parties in K:\nsas. 8hould the constitution withont Shwery be adopted by the v otes of the majority, the rights of property in s laves now In the 'ferritory arc reserved. '!'he number of these is very small; but if it were greater the provision would he equally just and reasonabl e. '!'he slaves were IJrought into the Territory under the Constitution of the United ~ta.tcs, and are now the property o f their masters. 'l'his p oint has at length been finally decided by the h ighest judicial tribunal of the country-and this upon the plain principle that when a confederacy of ~ovcreign States acquire a. ne1v t erl'itory a.t their joint ex pense, both equality and ju~ti ce demand that tho citizens of oue and all of them thall have the right to take ·,oto lt whatsoever is recognized as property by the comanon Constitution. 'l'o have summarily confiscated the property In slaves already in the Territory would have l~een an act of gro~s injustice, and. contrary to the practice of the older State~ of the Un1on which have aiJol- 1.-;hed Slav ~ry. MR. DouGLAS 0:-{ LKco ~rPTON. Mr. Douglas, who vcr_v early joined in the deba. te. on the l:'resitknt's .Mes:age, at first said I.e dts entcd from tlw views of the Presideut in 11cga.rd to Ka.nsns, but afterward endeavored to show that the President did not mean to ''recommend'' the Lecompton Constitution, but that he only referred tlt:Lt document to tho Congres~ or the United States-as the Constitution or tho United Stntos refers it-for us to decide upon it under our own responsiuimy. "Jt ill proper," sa.iu Mr. D., " that he should have thus referred it to u~ as a matter for congressional action, and not u.s nn administrative or executive mcusuro for the reasou that the Con~JLitution of tho United Stated' says,' Congress may aumit new Stat.es into tho U11ion • Ucucc we tlntl the Kansas question before us now n~t a!:! au Adm.ini~trative mea~ure, not as au 11::~-ecutlve :Uea· sure, but as a mea.sure coming before us for our free a ction, without any recommendation 01· interference directly or lntlirectly, by the Administ ration uow lu po~: ~Cl:l~ion of ~he .l''cderal Government." • . . . . . Mr. President, 1 am not going to stop and Inquire how ftLr the N ebrul!ka bill, which said the p eople should b~ left perfectly free to form their C9nstitution for themsclve~, 1wthorlzed the !)resident. ot· the Cabinet, or Uov. ern or \\' alker, or any other Territorial omctr, to inter· fere 1\nd tell the Vonvcntion of Kansas wbethcr they should or should not submit the quc!:ltioo to the llCople. 1 am uot going to stop to in<1uire how f<Lr they were <Lllthorizcd ~o do that, it b eing my opi nion that the ~pirit of the ebraska l>ill requi red it to be done. lt is sufficlcnl for my purpose that the Administration of tho ~'cdcml G ov<lrn men t unanimou:;ly- tha t the adminlot ration or the Territorial goYcrnment, in all ~ts parts, unnnimouslyundcrstoo tl the 'l'c rritorial law undc1· which the Convcn· t:on was as~cml>letl to mean that the constitution to be formed IJy tha t Vonvention should be sul>mitted to tho people for ratification or rejection, and, if not conllrmcu IJy IL majority o f the p eo pl e, should be null and void, withou~ coming to Vongress fot· approval Not only <.lid the National Government and the Territo· rial ~;ovcrn111ent so understand the law at the thne, :)Ut, a:i l have already stat ed, the people of the 'l'cnitory so undcrslood it. As a furth er evidence on that point, a large l1lllllb cr, If not a majority, of the delegates were instructed in the n ominating conventions to ~ubmit the cons tit uti on to the p eople for ratification. 1 know thnt the d el egat e~ from Douglas County, eight in numl>er, Mr. Ualhoun, Pr c~ident or the Convention , being among them, were not only in~tructecl thus to submit the qn e~tion, buL they signed 1tn1l pullli:Jh ed, while candidates, a writlcn pledge that they would submit it to the people for ratUIcation. I know that men high in authority, and in the conUtlencc of the 'J'cr1·itol'ial :Lnd National Government, cauvassed every part of Kansas during the election of delegates, and each one of them pletlgc<.l himself to tho people tl~<lt no snap ju c l~: ment was to be taken; that the constitution was to bc suhmittetl to the people for acccpt- 1\IICe or rejection: that it would be void unless that was done; that the Administration would spurn and ~corn it as a violation of the principles on which it came into po1ver, aud that a J)emocratic Uongress would hurl it f1·om their p resence as an insult to th ~ Democrats wbo stoocl pledged to sec the people I •ft free to form their domestic lustitu· tions for th em ·cl ves. Not only that, sir, but up to the time when the Conven· tion assembled, on the 1st of September, so fat· as I can IC!\rn, it was understood everywhere that tho constitution was to bo sublllittccl for ratitlcation or rej ection. 'l'hey met, however, on the li:it of Septernher, ftnd adjourned until after the October election. 1 think that it wus wlso a.nd prudent that they s houlcl thu.'l have acljournecl. 'fhey ditl not wish to bring any question into that election which would divide the Democratic party and weaken our chances of success in the elect ion. 1' was rejoiced when 1 saw that th ey did adjourn, so a!l not to ~h o w their hand on any quci!tiOIJ that would divide and dist: act the party until after th electiNl. During that rece~s, while the Convention was adjou rned, Governot· ltansom, the Demo· cratic candidate for Oong1·ess, running 1q~ai n st the pt·e.;ent Delegate from that 'l'crritory, was canva :iing every part or Kan:Hll:!, in favor of the doctrine of submitting the constl· tution to thv people, declaring that the Democratic party were in favo1· of !!uch l:!uhmisl:lion, and tlutL it was a sian· der of the Jllack .ltcpublicans to intimate the charge that the Democrtnic party did not intencl to carry out that p ledge in good faith. 'fhus up to the time of the Con· vention, in October last thd pretense was kept up, the profession was openly n;ade, and b elieved by me, 1uHI I thought believed by them, that the Convention intended to eubmlt a con.:ltitution to the people, and not to attcmpl to put a government in operation without such subml~· sion. 'l'he election uelng over, the Democratic Jl.a.rty being defeated by an overwhelming vote, the OppO~lllOn having triumphed and got posso::~:1ion of both brancl~e~ oC ~he legislature: and haYin& elucted their 'l'or:ito:·1!11 116 Delegate, the C~n ve nt.lon assembled, and then proce<?dcd : n ot violate the Cont>tltutlon or the t'nlted States and the to complete thc1r work. I fundumt•utal prindple,oo of l!hcrty upon which our lnstitu- Now let us stop to inquire how they r cclecuwd the I lions n·~!. l 11m not ~oing to n r~uc the quc!ltion whct1)er plcrlgo to suiJmlt. the constill.1tion to ~l~e p eople. 'l'h <•y the hat!klug !lystem c~tabli .. lted in thnt constitution ia wlsc firl:lt go on to rmtke a conKtitutlon. 1 hen llley make a or UIIWI8e. It llays til ·rc sliall he no mo n~polit>s but there ~chedulc , in wlilch t.hey provide that the constitution, on ~ha ll he one bank of i~<sue In the ~tatt, with two'branches. the 21st of Ucccmhcr- tlie present month-shall he sub- All I have to Ray on that point 1!! If th 'Y want n bunking !llittcd to nil the ~IIIIW .fide Inhabitants o~ th~ 'l'e~ritory 0 11 ") :~tt-m_, l_t·t tli t'm lmv • It ; If tll<·y 'cto not want it: Jet them that day, for tlletr frc • acceptance or r eJeCLIOu, 111 t h1· fol- prohibit 1t. If they want a hnuk wHh two brunches be u )owing manner, to. w_it: Thus :tcknowledging that tl 11 .Y so; if they want twenty, It iR wme of my business; 'and tt were bouncl to subu11L 1t to the will of the pcopl<•; \'Pilt'cd- matters not tom • whether <me of them shall b on the north lng that they had no right to put i~ into _opc rati_on '' itl1011t ~; I de llltd the other on the ~outh ~.tide of the 1\aw mver, or 1uomitting lL to the people; providing 111 the 1111:11 rumc ttt wher • they shall IJe. that it shoul1l t.nkc cll'cct front ll!1d after the dute. of Its While I hav · 110 l'ight to ex pet·t to be consulted on that mt.i_llcall.on, ~ncl not before ; sh~wu1~ that t.he C'ouHlltution P.olnt, J do h~rld tlmt the lH'ople of Ka n~as lln.ve the denvcs II!:! vitality, in their e~;t liiHI.tiOn, not from tit<• au- l'tght t<• he e<>~1~ultPd and to dt•cid • It, 1wd you have 110 thorit.y of yw ConvcnUon, but ~rOill tl1at v~t<' ttf tlt<' Pl'O· ngh_t ful autl1ority to dc·privc them of lliUt privilege. It is pie, to whtch it wu!! to be subnlltkd for the1r free :t cc<·pt- no JlHHira tiou, in 111y mind, to ~uy th llt the provision for nnce or rejection. llow iR it to be sulllnltted? 1t ~l1all IJe the eligibility for the c. fli ccr::~ of Goveruor and J,ieut.-Oosubmittecl in Utili form : "UonRtitution with ~htV\'1'.1', or Vt•rnor r equ ire .~ twcnty year ' dlizenship in the United constit ution with no Slavery ?" All111en must vote t'or t hl• :' ta t e~. If 111cn thmk that no persou should vole or holt! const!tulion, whether they !ike i,t or not1, in onkr to IJe ollicc until_ he ha.'l IJcen ht:re t wc11ty year~<, they have a ~cnottled to vote for or.ngnmst Slavery. l_hus n con~lltu nght 1 ~1 tlnnk so; und if nmnj ority of the people of Kun· t1on made by a con,•cut.wn that hac! aut.honty to nsselllhl· ~a~< th1nk that uo HHtn of foreign birth !lhoultl vote or ~nd petition for It redn•fls o~ gr_icvuncl'+l, but not to estah l 1 ol~ l o~ke unlc,s lte lias livt•tl tl1cre twenty y ears, it is h h a govcrnn~cnt.-a <·onstltull<.lll r11ade un<kr a pl·tlg · th_e1r nght tu ~ ay so, and 1 ltnve no right to interfere of honor that 1L whoulcl he Hulmntted to U1e lH'Ople before with t licrn; it i!1 their husiuc~R, not mine· hut if I lived If took cn·cct--a cotistitution which pro \'Ides on its face, tLt:tt Lh' re 1 Hhould not he williug w hu.ve that ;)rovlsio11 in the It shall !lave no validity l'X '<')lt, what it cit-rives fro111 Ruch co n~t itutio n Without IJcing heard upon the subject and subml88iou-is s nbmit.tcd to the people at an election allow<:d to r teo rtl lilY pr ote~t. ngalnwt it. ' where all men a r • at ilhert.y to com(' forward freely, with· I have nothing to Hay ahout their f'yslcrn of taxation out hlnllmnce, and vok for it, but no IIIHII is permitted to In which tht•y hav · goue hack nn!l reso rted to the old ex~ record a vote against it l ploded ~y~tc111 which we tried in I llinois, but abnndonccl 'l'hat would l.>e as fair an election as some of the cnt'· hecunse we did uot like it. If they wiRh to try it and get mlcs of Nnpolcon at.LriiJut t•d to hun when h ·was electecl tirt·d of it and ah;mdon it, be it so; but if I were a }'irst Consul. lie iH said to have t•alled o ut ltls tt·oops and ei t izl'n of Kawms I would pn.tlt by the experience or had them rcvll'wecl hy his ollicl'rs, wit.lt a speech, pnt,riotic 1 llinois on that 'uhj ect, and defeat it if I could. Yet 1 and fair in its profcH~ions, in '~hich he ~;aid to them: have no obj ection to their having it if tlH•y want it; it i~ "Now, my solclierH, you arc to ~o to th · ·l<'clion nnd vote tht• ir husi11<~ 's, not mine. freely, just all you pl•asc. If y ou vote for Napoleon, alll!i So it i~ in r t-j;anl to the free nc~roe!l. 'l'hey provide well; vole ugain~:~t liiln, ancl j ou arc to he Instant ly tl11tt no fn·e negro shall he pe rmitt ed to lifJelo Kansas. I shot I" '!'hat waH a fair election. ( Lau~ht e r.) '1'l1is ·Icc- suppo~e they II a vc n. r ight to KIIY so if they choose; but If tion is to l>e equally fair. All melt in favor of the consti- lttved there I sl10uld want to vote on the question. We, tution m:ty vote for it, :tllmen against it shall n ot vote at in lll inoi~:~ , provide that no more shall come there. We all. Why uot let th 'Ill vote ag:1 inst it? 1 presume you say to the other States, " 'i'llke care of y o•tr own l're~> ha.ve asked many a man t.his question. I have asked a negroes and we will tuke care or ours." Dut we do not very large num1Jc1· of t.hc gcnt.lcrnen who framed the con· May that the negroes now th cre shalluot be permitted to 1tltutlon, quite n. number of delegate~, and a still larger live in Ill inois; nnd I tJiink the people of Kansas ought to numl>cr of persons who are their friends, nnd 1 have re- luwe the right to say whether th ey will allo\v them to celvecl the same answer from every one of them. 1 novet· live there, and if t.hcy arc not going to do so, how they received any oLhcr answer, nne! I presume we never shall are to <.1 is pose of them. get any other answer. What is that? 'J'hey sa.y If they So you may g•J 011 with !tll the different clauses of tlt<' had allowed a 11 'l{tt.tive vote, the constitution wo;1lfl lmvc Constitution. l'hey may IJe all right; they may be all beeR voted clown h.Y nn ovctwhelming mujority · n.nd hence wrong. That is a question on which my opinion is worth the fellows shall not ho allowed to vote at all. (Laughte r.) nothing. The opiuion of tl1e wise a.nd p:~.triotic Chier Mr. l'rl'sltl cot, Ll1at may be true. It ia no part of my Magistrate of the United States is not worth a nything as purpose to deny the propoRition that tha t constitution against that of the people of Kansas, for they have would hwe been voted down if sul!tnittecl to the people. a right to judge for themselves; nnd neither Presl· l believe it would have been voted down by a majorit.y dent, nor Senate , n ~r Houses of lte prese~tatives_, n or of four to one. I am informed by men well poRted there any otht:r powe1· outs1tlc of Kan~as, has a nght to Judge -Democrats-that it would be voted dO\YO teo to one· for them. Hence it is no ju~t ifica ti o n, in my mind, for some say hy twenty Lo one. ' the violation or the grcat principle of Relf-govcrnm en ~, to But is. It a good reason why you should d eclare it In say that the Constit u ti on Y?U a rc fo rci.ng. on the~ is nol force, wtthout IJeing suiJmitted to the people merely be- particularly obuox1ous, or 1s ex cellent 111 1ts provisions. c:tuse it would have l>ccn voted <.!own by n'vc to one if Perhaps, sir, the Slime tiling might be said or the you had submitted l.t? What d ocs that fact prove? 'l'opcka Constit.utloo. I do n ot recollect its peculiar proDocs it not show undeniably tbat an ovenvhelming majority visio ne. I know one Udug .: we Dem ocrat~, we ~ebmsk_n of the Jl70plc of 1Caus1ls nrc un:t!Lcrably opposed to that men, would not even look tnto It t? see what lts prOVI· constilutton? Will you force it on them a~;:Linst their slons were. Why? llccause we PllHl it WILS made by n will, simply hec:\Use they would hn.ve voted it clown if you poli tical party, nnd not ~y the p eople; that it. w_ns made hnd consulted them f If you will are you going to force In defiance of the authonty ofOongress; that 1f 1t was all It upon them under the plea. of len.~lng them perfectly free pure as tJte Uible, as holy us the Ten Commandments, ye~ to form nnd regulate their domestic institutions in their we would n ot touch it until it was ~ubmitted to and owu way? Is th:tt the mode in which I am caller! upon to ratified by tho people of Kan~ns, 111 pursuance of oarry out the principle of self-government a.nd popular the forms of law. Vcrhap!:! the Topektt Constitution ,_ bu~ Poverelgnty in the Territories--to force a constitution on for tile mode of making it, would have b,een unex eept~or.tl~ e people !ll{ainst their will, in opposition to their protest, niJic. I do not know_; 1 do not cn~e. ~ ou have no nght With :L knowlegc of the fact and then to assign as a. reason to force an uncxceptwnn.hlc co u~ututlou on. a P op.le. H for my t.yranny, that they 'would be so Obl!tin:~.t.e and 80 does n ot mitigatc the evil, it docs not cll atitush the 111sul t, perverse as to vole down tho constitution if I had glveu it, doc~ not ame.I iorate the wrong, that. you are for cing a ~hem an opportunity to be consulted llbout It? goocl Lhing upon them. 1 am not willtnl-f to be_ forced to Sir, I deny your right, or mine, to inquire of these p eo- do that which 1 would do if 1 Wl're lcfL fre~ to JU~lge_ :~ml f.lc what. theit· objections to that constitution arc. They a ct for my!elf. Hence 1 a~ilert that ~hcr~ ts n~ J UHllflcn.- 1?".e a n ght to jullgo for themselves whether they like or tion to be macle for t hi~ flagmnt vtohtiiO II o~ p opul11r dtshkc it. It Is no fmswer to tell me thrtt the constitution rights in 1\n.n~as, on the ph::t that the ClJJ_}IItituttou which I~ a good one, and unobjectionable. lt is not s:ttlsfactory they havtJ made is not purtlc ularly otHt ?xt ous,. tom~ to have the President say in his message that t.ha.t liut, sir, the PresidenL of the United ... tatt-s ~~really nncl conshLutiun L~ an admimble one' like nil tbe cohstitutious aluccrcly of the opinion tliM tlle Slavery cluu~e has been of the new Htatcs that have been r~cently framed. Whether fairly aud impartially submitted to the free n~ceptauce or ~ood or hat!, whether olmoxious or not, 1s none of my buel- r ej .. ction of the people of Kausns, nnd that , 1na m_uch llS net<s, ancluone of yours. that was the ex ciliug unci pammonnL question, tf ~.hey , 1t Is their busllll'l:lll, null not ours. J care not what they get the rigb t to vote .as they pl c11~e ~~~~ t1_111.t ~ubJect, h,tve ln lhdr const.ltution, 80 that it suit.\! them and does they ought to be su w~ficd; anti J>OtiSIIJly n m1ght b- |