,M<^f 
 
F 685 
 .H89 
 Copy 1 
 
 LECOMPTON CONSTITUTION. 
 
 ^ 
 
 SPEECH 
 
 HON. JAMES HUGHES, OF INDIANA, 
 
 IN THE HOUSE OF REPRESENTATIVES, FEB. 2, 1858, 
 
 On. the admission of Kansas as a State under the Lecompion ConsfiCution. 
 
 
 Mr. HUGHES said: 
 
 Mr. Ciiairbian: The speeches made here are 
 addressed either to the House, or, as tlie phrase 
 j::ocs, "to the country.'' I will not promise that 
 1 shall say nothing' directed especially to my con- 
 stituents, or to that great public whose judgment 
 is justly formidable, botii to authors and speak- 
 ers; but I do say that I shall spealc to the country 
 through the House, for wliat is most practical 
 and best adapted to illustrate the measures under 
 consideration here before the Representatives of 
 tlie people, is best worthy the attention of the 
 people themselves. 
 
 Representing a portion of the people of a State in 
 this Union, whose government has been almost 
 subverted, and whose constitution has been tram- 
 pled under foot, through frauds upon the ballot- 
 box, perpetrated in 1856, by this same Republican 
 |iarty wiiich professes so much purity and love of 
 liberty, I claim to be second to none in seal for the 
 rights of the people and sacred regard for the free- 
 dom of elections. But I recognize no liberty in 
 this country but that which is obedient to lato, 
 and I repudiate and detest both that mischievou.'j 
 fanaticism which, in the name of freedom, incites 
 to anarchy, and the turbulent revolutionary and 
 corrupt practices which are its legitimate fruits. 
 Of these, the State of Indiana has had enough 
 within her own borders; and I think it likely her 
 people v/ill deem it wise to sjettle that account 
 before they exercise any sujiervisioii over the 
 affairs of Kansas. Sir, do you knov/ that, at this 
 moment, the State government of Indiana is being 
 carried on without revenue or appropriation laws; 
 that, for want of the necessary assessment laws, 
 no taxes have been levied; that the munificent 
 charities of the State were for a time defeated, and 
 the helpless inmates of her institutions turned out 
 upon the world;, that, at the time appointed for 
 the meeting of her Legislature, an organised mob 
 took possession of her Senate Chamber, at temp ted 
 to depose the presiding officer, and, inspired by 
 the presence, within the bar, of General James 
 II. Lane, commander-in-chief of the army of free- 
 dom, enacted such outrages as very shame forbid 
 
 them even to mention on their journal? Do you 
 know that they inducted into office three pre- 
 tended Senators, who claimed their seats in virtue 
 of frauds established since by the testimony of 
 Republican v/itnesses, and unsurpassed in Kan- 
 sas; and having thus obtained control of one 
 branch of the State Legislature, made use of their 
 usurped power for the subversion of the govern- 
 ment? These things arc true, sir, as set forth in 
 the resolutions of the Democratic State conven- 
 tion of Indiana: 
 
 " 9. Resolved, That vfs arraijn the Black Republican 
 party of Indiana before the peopie, for sustaining the mem- 
 bers of that party in the hist Legishiture of this State in tlie 
 commission of the following enormous outrages upon pub- 
 lic and private rights: 
 
 " 1. Creating a revohition in the first step towards the 
 orn:aiiization of the Senate, and violating the constitution 
 and the law by attempting to supplant the legal presiding 
 officer of that body with one of their own number. 
 
 "2. I'efusing in open defiance of the constitution and in 
 (Irigrant violation of their oaths to meet in joint convention 
 and be present at the canvass of votes lor Governor and 
 Lieutenant Governor, when counted by the Speaker of the 
 House of Representatives. 
 
 " 3. Meeting without a quoruiu and without a presiding 
 officer, and expelling the Senator from Clarke county, 
 thereby making a mockery of the constitution, breaking 
 their oaths as Senators, and in all their councils calling to 
 their aid the evil spirit of anarchy which has in every age 
 involved nations in bloodshed and overthrow. 
 
 •' 4. Voting more than one hundred times, by a strict party 
 vote, against appropriating money to defray the expenses 
 of the benevolent institutions of the State, thereby closing 
 the doors of charity, and sending the deaf, the dumb, the 
 blind, and the insane abroad in the worhl, without that pro- 
 tcciinn which humanity dictates, and which Indiana gives 
 
 to tlliill!. 
 
 "5. Voting more than one hundred times, by a strict party 
 vote, against a revenue bill and an assessment bill, thereby 
 attempting to proinrate the State government; to bring her 
 into dishonor at home and abroad, by failing to pay the in- 
 terest on the State debt, as provided for and made obliga- 
 tory by the constitution, and intlictingotherand most griev- 
 ous injustice tipon her citizens. 
 
 "6. Refusing to join and assist in the election of Senators 
 in Congress, thereby setting at naught the will of the ma- 
 jority of the voters of Indiana as expressed at the ballot-box, 
 October 14, ISTiO. 
 
 " 7. Attempting, as far as in their power lay, to legalize 
 gross, palpable, and vv-icked frauds upon the elective fran- 
 chise ; recognizing and receiving from the counties of Rush, 
 Fountain, and Marion, persons as Senators conclusively 
 proven in legal investigations to have been elected by ille- 
 
/ www 
 
 gal. hired, and perjured voters ; stifling the voice of inquiry 
 into their pretended and u-urped right to their seats as Sen- 
 ators in the face of legally instituted contests in each in- 
 stance. Thus alone enabling the party to which the said 
 spurious and illcgallv elected Senators hclonged, to inflict 
 their spirit of misrule upon the Stale; and finally sending 
 forth to the world a forgery upon the journals of the Senat<! 
 l«y which to cover up their high handed villainy, and avert 
 from themselves, if possible, the just indignation of all hon- 
 est men." 
 
 Here are extracts from the majority report of 
 the Committee on Elections on the election frauds 
 in Rush county, Indiana: 
 
 •■Mr. Speaker: The majority of the Committee on Elec- 
 tions, to whom was referred the matter of the contested 
 election of Rush county, in which Samuel McBridc is a 
 contestant, and Leonidas Sexton contestee, would report 
 to the House of Representatives that they have endeavored 
 to institute a careful and thorough e.\aniiiiation into the 
 frauds alleged to have been committed in the petition sub- 
 mitted to them by the contestant. They have in their pus- 
 session depositions taken in relation to the matter by both 
 parties, copies of which are herewith submitted, together 
 with the evidence given by the witnesses who have testi- 
 fied before the coniinittce. Being clothed with the usual 
 powers ' to send for persons and papers,' they proceeded 
 to summon those persons whom they had reason to believe 
 were cognizant of the facts bearing on the case. From the 
 nature of the case, the witnesses were, of course, chiefly 
 members of that party alleged to have committed the frauds. 
 " In the discharge of their duty the committee desired 
 to hasten the examination of witnesses, with a view to be 
 able to make an early report to the legislature. The only 
 material facts elicited will be found to be embraced in the 
 testimony of the first witnesses stimmontd. The formation 
 i-if a combination to carry the elections of Rush county by 
 liaud, is by these witnesses clearly proved, and the e.xist- 
 (Uiee of the organization established. 
 
 " By the evidence of Messrs. Ray, Spriggs,and Williams, 
 examined early, certain [n-omincnt members of the Repub- 
 lican party being clearly implicated, a summons was issued 
 for them, but no eflbrts were successful to bring them before 
 the committee. The writ of subpena was utterly disre- 
 garded, and even an attachment, duly issued by the Speaker 
 of the House for contempt in failing to appear, had no better 
 effect. One gentleman so much feared to make disclosures 
 within his knowledge, that, when in custody of the §er- 
 geant-at-Arms, he broke his parol of honor, and fled to 
 Iventueky. Others left their homes, visiting other distant 
 States. Your committee believe, and here confidently as- 
 sert, that if the actors in these frauds could have been com- 
 pelled to come forward and testify, a conspiracy of a char 
 acter heretofore unknown for its e.xtent and character, would 
 have been laid bare. Enough has been developed by tli<! 
 evidence herewith submitted, to implicate men considered 
 heretofore of the liigbesi respectability, and pnnnincnt mem- 
 bers of the Republican party of Wayne and the adjoining 
 counties, in devising and carrjing out plans calculated to 
 pollute the ballot-box, and render the election of membnrs 1 
 of the Legislature a matter to be controlled by money. Not ! 
 the least important result of these investigations is the es- j 
 tahlishment of the fact, that this fraudulent arrangement 
 extended far beyond Rush county. From the evidence, | 
 your committee have no doubt that the same foul and cor- \ 
 iupt means succeeded in several other counties, but partic- 
 ularly in the county of Marion. Although, in the investiga- 
 tions, questions were conlineri to fraud in the county of Rush, 
 vet witnesses inadvertently disclosed these facts, and Mr. 
 Williams particularly testilies, that in sending young men 
 abroad, he sent them iiidi;:orinii:iately to Marion or Rush. 
 The crmteniplation of the development made is painful, 
 viewed either in relation to its extent, or the former char- 
 acter of those who have taken so active a part in its consum- 
 mation. 
 
 " We find at least one member of the State Senate, judges, 
 and other functionaries not only giving encouragement and 
 countenance to the project, hut taking the lead, and active 
 among them was the biotherof the contestee himself. Judge 
 I'erry clearly testifies, in his account of tin: meeting held in 
 Itichmond, early during the canvass, that these heartily ap- 
 proved the plan proposed, and other witnesses prove how 
 well they carried it into faithful execution. 
 
 " The testimony shows that the avowed object was to 
 procure ycmng men without families, cili/.cns and voters in 
 those counties having (as was the case with ^Vayne and 
 Henry) large Republican majorities, and induce them to nii- 
 gratnj a short time before the October election, into Ru^h 
 c.:;ar.*.y, to vote z: tlial election, and having ik'ne ;o. ilieir 
 
 object in going thither was accomplished, and they mfgh? 
 return as soon thereafter as they should choose tctheir place 
 of residence. 
 
 " The evidence conclusively pcirsts to John C. Hudelsot?- 
 clerk of H'enry circuit court, as treasnrer and prMicipaJ con- 
 tractor to furnish 'outside' Toters for Rush cor>nty. It );• 
 in evidence that lie deposited with Watkin Williams, of 
 Wayne county, fifty dollars for that express purpose— that 
 he sent by a son of Solomon Meredith,. *.350 to E. D. Sprigg, 
 of Wayne county, for a like purpose. Mr. Hudelson left the 
 State, and has been sojournirvg in 6on>e of the eastern cities 
 up to the present time. This makes the handsome sum of 
 ^400 furnished to persons in two townshifjs only, while it 
 is clearly proved that the same arrangement extended to 
 other townships in the same county. 
 
 "This was not, cither, the county of Mr. Hudelson's resi- 
 dence; he lives in the county of Henry, which gives some fif- 
 teen hundred Republican majority. Many of the wirnesscs 
 from both counties say that they had plenty of votes w spare; 
 and if Mr. Hudelson was willing to invest that sam of money 
 in two townships, what amount did he likely expend in the 
 remaining townships of Wayne and Henry? His friend, 
 neighbor, and co laborer, Erijah Holland, was nf/t only sub- 
 pen led, but afterwards attached, and when brcniglit to the- 
 city, ingloriously fled, when under Jiis parol of honnrto the 
 Sergeant at Anns. 
 
 "A. F. Woodcock, the depot-master, Rnd agent at Riish- 
 ville for the reception and distribution of foreign Republican 
 votes, has not only fiiiled to obey the subpena to appear 
 before this committee, but it is in evidence that he likewise 
 failed, in liis own county, to appear before a justice of the 
 peace, to testify in this same case. Mr. Hackleman swears 
 that he asked him if he could he comp<!llcd to attend, aiuJ 
 he gave his opinion that he eould not. 
 
 " Mr.Joel Smith, the Republican candidate for treasurer 
 in Rush county, was duly subpenaed to appear before this 
 committee. It appear.= , by the testimony of Mr. Hackle- 
 man, that Mr. Smil h was in his office, at Rnshville, on Tues- 
 day of last week, and that he had a conversation with him 
 on the subject of the power of this committee to attach, and 
 he gave him a like opinion. Mr. Smith has, to this time, 
 failed to appear. Mr. Smith was regarded as a most import- 
 ant witness in this case. So the committee might go on 
 and enumerate many other persons acting with the same 
 disregard to the summons issued by tliis committee. It is 
 unnecessary to say that this conduct is alike (Jitircspcctuil 
 to this committee' and the House, tinder whose authority 
 they have acted. It taints the case and the actors in it wiJii 
 suspicion, and gives the whole an odor of fraud, which 
 deserves the unqualified condemnation and rebuke of the 
 House of Representatives." 
 
 Eciilence of E. D. Sprigs- 
 "E. 0. Sprigg, being duly sworn on oath, saj-s : I live in 
 Cambridge Citj', Wayne county, Indiana. It was about the . 
 lastof Septembi!ror the first of October that I was informed 
 that there would be some money left with me for the pur- 
 pose of being paid ont to young men who would go to Rush 
 county lo vote at the Slate election. This information was 
 given mc (I think) by Solomon Meredith and I>r. i.cnmel 
 Johnson. In a short time S3aO was handed lo me by Mr, 
 Samuel Meredith, a son of Solomon Meredith, v.-ho resides 
 with his lather in Cambridge City. He told me that he re- 
 eived the money in Kiiightstown, and was directed to hand 
 it to me. He said Mr. John C. Hudelson gave it to him, that 
 he did not know the amount or for what purpose it was 
 sent. 1 afterwards saw Mr. Hudelson, who is clerk of 
 Henry counly, who called on me and said he wanted part 
 (rf the money. I f?aid him then .'$150. In the couversation 
 alluded to with Messrs. Meredith and Johnson, they told me 
 that the Democrats were engaged in importing votes into 
 Rush county, and that we had to meet it on the same 
 ground. 
 
 '■ A number of young men came to me and reported that 
 they were going to take up their residence in Rush county. 
 To each one who thus called on me I paid ,>o. I paid this 
 sum to as many as nineteen young men, and exiiected tlieiii 
 to go into Rush county to vote. I remember the names of 
 lirothcrs, Widdeman, Levi Williams, Justice, and Marion 
 Tyncr. The balance were ail strangers to iiie. I did not eee 
 any of them in Rush, nor do I know that any of them went 
 there. They had all resided in Wayne county previous to the 
 time I gave them the money. 1 have talked with many 
 persons in relation to the political campaign in Indiana and 
 Rush county, but I do not tliink I ever spoke to a Rush 
 county man about it until yesterday. 1 have talked several 
 limes Willi Sol. Meredith in relation to this matter: he al- 
 ways said there was an cfl'ort making to run Irish voters 
 into Rush, and in order to coimteracttliat, wo hr.d bettor 
 run some young nicii lUerc lo gaiii^Htdaiiie and become 
 
voters. If t>iis arrangement extended over the country, I 
 am not posted about it. On tlic day of the Ue publican 
 Mieeting at Camhiidj^e, there were three or lour yoiinc men 
 caiHe to mc, introduced by a gentleman fioni the norlliern 
 part ol" the county. The blank cards alluded to were given 
 vo ine by Aliner D. Bond ; tliey had on them (I think) the 
 name of Woodcock, wlio, I was told, lived in Ku:9liville. 
 I drew the i/il'erence tliat the cards were to be given to the 
 youns men wIk> would give tliein to Woodcock. I used 
 jiineteen of them and destroyed the balance. The general 
 arraiijemcnt and understanding among us all was, that 
 Woodcock would lind them employment. J..ewis Burke 
 and I did not operate together at all. I do not know that I 
 overheard him talk on the siiliject. At Kieliniond, 1 had a 
 conversation 011 politics, in which Meredith, Dormer, Hiid- 
 clson and two or three strangers were present. Burke may 
 have liecB with tlieni. We were togetlier not more than ten 
 or fifteen minutes ; it was not a regular meeting ; we talked 
 of the campaign generally; the election and the prospects. 
 Neither Ur. i*e.\lon nor Mr. Yaryan were present. 
 
 •' As regards the money, Mr. Hiidelson once asked me if 
 ! had received such a package, but he never told inc that he 
 liad sent it to mc by Mr. Meredith. The balance I expressed 
 to Mr. Uudclson since the election. I am a Republican de- 
 cidedly. Those young men lo wl'.om I gave money — with 
 whom I was acqaainted— were Kepiiblicans; nor would I 
 have sent any young maji if I bad believed he was a Dem- 
 ocrat. I usually told these young men what to do with their 
 <-ards ; if they could gel v»ork to do so, and take up their res- 
 idence there, and it was my opinion tiiat in doing.so they be- 
 came legal voters of Rush county. I always asked these 
 young uien as few questions as possible. I gave out these 
 cards from three weeks up to four or five days before the 
 State election. 
 
 " Ilmveseen four nf these young men since the election. 
 IViddeiiian iives in Cambridge. Brothers told me lie was 
 jjoing lo settle in Rush, hut in a week or so he returned to 
 Wayne. I did not see Williams for two or three weeks 
 after the election. I am secretary of the Republican club of 
 (Janibridge city. fltr. Meredith is president. At one time 
 f paid A. W. Kay twenty dollars, which he afterwards re- 
 turned tome, i cannot tell how many limes Mr. Ray went 
 out on this business, hut I paid buggy hire for two Irips. I 
 had no connection with any arrangements save my own, 
 bat ! Iiad the impression that persons were going to vote 
 from other townships of Wayne county; also from Henry. 
 I was of the opinion that young men, going under the cir- 
 cumstances and advice I gave them, into another counly, 
 became thereby legal voters in that county. 
 
 " Cross examined — Except thefiveyonngmen alluded to, 
 I do not know where they resided, or what were their po- 
 litical opinions, and I think I have not seen any of them 
 since. ELY D. SPRIGG." 
 
 Thus it appears that while the howling of these 
 pretended apostles of liberty diverted the attention 
 of tlie people of Indiana to the distant plains of 
 Kansa.s, straining their vision to delect afar off 
 the alleged enormities of the border ruffians of 
 Missouri, these smooth hypocrites were taking 
 care of popular sovereignty at home by practicing 
 similar frauds upon our own soil. 
 
 And when the Democratic party of Indiana, 
 struggling to maintain the spirit as well as the 
 letter of the Federal Constitution, and to give to 
 the will of the people of Indiana its true represent- 
 ation in the Senate of the United States, chose 
 two Senators in Congress, the apostles of freedom 
 planted themselves upon the frauds and the usurp- 
 pation which would subvert the sovereignty of 
 Indiana, and destroy the freedom of elections 
 among her people, and denied the right of those 
 Senators to their seats. 
 
 These transactions, Mr. Speaker, are fresh, and 
 will be kept fresh, in the memory of the people of 
 Indiana, who burn with honest zeal to redress 
 theirown wrongsandpunish theiroppressors;and 
 whatever differences of opinion may exist or be 
 fomented among them concerning the affairs of 
 a distant Territory, no Kansas clamor will a sec- 
 ond time draw off iheir attention and afford a cover 
 under which the authors of these outrages may 
 escape their just indignation. 
 
 The Democratic party of Indiana, the only or- 
 ganization which can restore the supremacy of the 
 constitution and laws of that State, will remain 
 nnitcd and triumpii over those who have violated 
 the sanctity of the ballot-box and trampled under 
 foot the sovereignty of the people, whatever may 
 be the decision of the Kansas question. But it is 
 by no means my purpose to evade that question. 
 
 I have before me that famous statute, called " the 
 Nebraska bill." What is its true construction, 
 particularly in reference lo the manner of express- 
 ing the assent of the people of that Territory to their 
 constitution? 
 
 Must that constitution be submitted to the peo- 
 ple, or may it bo the work of delegates alone .^ 
 
 What is the true intent and meaning of the act,, 
 and how has it been represented to the people? 
 for if their verdict in its favor was given in 185G, 
 in view of a construction then placed upon it by 
 its friends, no different legal construction ought 
 now to prevail — except; indeed, those high, au- 
 thoritative expositions proceeding from the Su- 
 prciTie Court of the United Stales, which all good 
 citizens are bound to respect and to obey. 
 
 The President has placed his construction 
 upon that act. He tells us in his message, that 
 while the submission of the whole constitution 
 to a vote of the people was admitted, it was not 
 required, but that the questibn of slavery alone 
 was required to be submitted; that he preferred a 
 submission of the whole instrurneut,and in good 
 faith endeavored, by his instructions to Governor 
 Walker and all his official acts, to bring about 
 that result, but that the people of Kansas, acting 
 through their delegates, to whose hands they had 
 committed the whole subject, chose a different way, 
 and submitted the slavery question alone — as, ac- 
 cording to his judgment, but not his wish, they 
 had tlie right to do; that he is ready to surrender 
 his will to theirs, legally expressed, and acquiesce 
 in their work, but hopes in future cases, as he had 
 hoped in this case, a submission of the whole con- 
 stitution may be had, and for that purpose rec- 
 ommends that the Minnesota law be copied into, 
 future enabling acts. 
 
 A great statesman, second in intellect to none, 
 unequaled in the art of clothing his ideas with the 
 appearance of logical compactness and popular 
 justice — a dangerous talent, if unfairly used — 
 master of all the details of. this Kansas business, 
 and author of the Nebraska bill itself, has also 
 placed his construction of this act before the pyb- 
 lic. He holds that the submission of the entire 
 constitution to a vote of the people is the only 
 mode consistent with that " popular sovereignty" 
 which is the vital principle of the act; that all 
 others are excluded; and that a constitution not 
 ratified in that manner ought to be rejected. It 
 will be observed that the President does not oppose- 
 a submission to the people; on the contrary, ho 
 gives it his preference; he only concedes the right 
 of the people to take their own way, and will not 
 refuse them admission because they have not 
 adopted Ids. The Senator says to the people of 
 the Territory: " You must vote on your consti- 
 tution; it is vain to tell me that, following in the 
 footsteps of many Slates of this Union, you choose 
 to make a constitution through delegxites; that is 
 not popular sovereignty; I am the author of the 
 Nebraska bill, and this is popular sovereignty." 
 
 Here is an issue — an issue between .the Presi- 
 
dent, on the one part, and the enninent Senator 
 on the other; and the controversy involves, to its 
 fullest extent, the great question decided by the 
 people in the election of 1856, " the right of the 
 people to form and regulate their domestic insti- 
 tutions in their otvn way." It is a momentous 
 issue, not only on account of the great question 
 involved, but of the respective positions of the 
 parties, their past relations to each other and to 
 that country whose fast-healing wounds seem 
 p.bout to bleed again — that country so long dis- 
 tracted, and so much in want of repose. 
 
 The position, associations, and past aei-vices 
 of the author of the Nebraska bill, gave him the 
 right to remonstrate against any departure from 
 Us principles, if there was any; nay, it was his 
 duty, above all other men, to vindicate it, if in- 
 vaded, for he had been its charspion at all times 
 and in eveiy place. 
 
 With all his intellect h* will never be deemed 
 to have blundered concerning the appiicalion of 
 principles so fiimiliar to his mind; and if, indeed, 
 jt should appear that he has abandoned the true 
 and vital principle of his bill in its most trying 
 hour — that he has deserted the substance for a 
 most delusive shadow, and displayed a counter- 
 feit presentment of popular sovereignty to that 
 confiding people, w^iom none but he co?»ld have 
 deceived — great will be his responsibility, and 
 snen viable the place which history will assign him. 
 Time will determine this, not the first wild clamor 
 of misjudginij friends, nor the 5r3l indignant griev- 
 ings of friends that were. 
 
 There are doubtless those in tins House, and 
 out of it, to whom, at first view, the doctrines of 
 that distinguished Senator, on this question, have 
 appeared conclusive, who have ever been faithful 
 to the principles of the Nebraska bill. With such 
 J would reason, and to their reasonings I'would 
 lend an attentive ear; they have the right to resist 
 utl encroachment, if there is any, on the princij)le 
 of self-government, for they are its friends. 
 
 But what shall 1 say of the new cnnverls to the 
 doctrine of popular sovereignty; the new cham- 
 ))ions of the faith; the new advocates for the 
 ]>febraska bill — they who have hitherto been its 
 enemies; wlio have reviled it and its author, and 
 invoked tlie curses of Heaven upon both ! They 
 also have placed their construction upon this 
 statute; they think the great doctrine of popular 
 sovereignty is clearly violated, and that the con- 
 stitution of Kansas ought clearly to have been 
 submitted to a vote of the peo|)le. The result for 
 v/hich they have worked night and day, in the 
 Territory and out of the Territory, has come to 
 pass. Kansas is here knocking at our doors, 
 withasla<ie constitution, because having, as they 
 say, a majority in the Territory; organized rebels 
 have refused to vote ! Men who could expend 
 thousands, and travel many a weary mile to fill 
 Kansas with rifles, and stir up civil war, could 
 not walk across the street to vole ! Here Jet me, 
 in passing, allude to one matter — the pretense that 
 several counties were disfranchised and could not 
 vote. The fact is emphatically denied. But, if 
 it were so, how did those do who were allowed 
 an opportunity.' Did any considerable number 
 of them vote ? Alas for the new revelation of pop- 
 ular sovereignty, and the new prophets of the faith ! 
 Heaven defend the Nebraska bill from its new 
 friends, and its author from their alliance ! 
 
 And now, in moving forward to a solution of 
 the question we have before us concerning the true 
 construction of the Nebraska bill, let us note thi& 
 landmark. I point out t?;i3 great fact which meet.? 
 us nt the l>eginning — I point it out to thoae who- 
 hesitate, to the members of this House,' and to 
 that generous constituency to whom I am respons- 
 ible for my vote in this body — I mean that the- 
 great '■'army of freedom, "^ composed of renegade 
 Democrats, Abolitionists, Maine-law fanatics- 
 Free-Soilers, pohtictiJ preachers, and strong- 
 minded women, is marching under its flag of six- 
 teen stars in solid column, after this new revela- 
 tion of popular sovereignty I I rr>u3t decline to 
 follow that flag, and to march in that army, every 
 though false prophets shall arise, who, if it were 
 possible, wouSd deceive the very elect!. 
 
 I sLalJ now proceed to give my constructioD 
 of the Nebraska bill, which will fully justify thf 
 vote I expect to give upon the Lecorapton con- 
 stitution. No one is reaponsibJc but myself. If 
 hold myself responsible to my eonstitncnts. in 
 doing so, I shaJr have r/ccasion to refer to the re- 
 eordcd speeches and reports of the author of thaS 
 bill; because thoy lie directly iw the Vivte of my ar- 
 gument. I disclaim any purpose to fasten incon- 
 sistency upon that distinguisliesl' man — the incon- 
 sistency of individuals is a matter of no import- 
 ance to the country; but I shall quote from hiffi 
 as authority upon this question — authority thai 
 v/il! be received. Incidensally, i shall show that 
 he is inconsistent; but it is impossible to discuss 
 this question without doing so. 
 
 It will also be proper to quote from him because 
 it will show that the President, though out of 
 the country, might have drav/n hia impressions 
 of the " true intent and meaning of the Nebraska 
 bill" from a very high source — no less a source 
 than the author of the measure himself; and that 
 if there is any desertion of principle it is not with 
 those who are now following the doctrines of the 
 Senator to their logical results. 
 
 Section fourteen of the Nebrask?? bill contains 
 tlie celebrated clause repealing the Missouri com- 
 promise and instituting squatter sovereignty, 
 which I have often defended, and which I stood 
 manfully by until it was disposed of by a decis- 
 ion of the Supreme Court of the United States, 
 Then, and not till then, did I surrender it. Thai: 
 decision has been indorsed by the party with 
 which I act in my State, by the unanimous vote 
 of the State convention. There is ai>other sec- 
 tion of the bill which relates to the legislative 
 power of the Territory. It says that that power 
 shall extend to al! rightful subjects of kgisiation. 
 Sir, I v/ould not now, after that act has received 
 a construction before the people, and after their 
 verdict has been rendered in favor of it at the 
 polls, set up any new legal construction contrary 
 to the constniction placed upon it in 185S. But 
 it is a matter of law, and a matter of history, in 
 my humble judgment, that those two sections re- 
 ferred to the question of slavery while the Terri- 
 tory remained in a territorial condition. 
 
 Sir, it has been said repeatedly in this House 
 that the great question made before the people in 
 1856 was how the people of Kansas should ratify 
 their constiuition. What I say, sir, will go on 
 the record, and I hope it will reach the eyes of 
 my constituents: I deny that proposition, and 
 challenge the proof. I say that the first section 
 
 ^ 
 
of this bill disposes of the whole subject of State 
 constitutions in <hat short clause which says that 
 these Territories shall come into the Union with 
 or without sla-very, as their constitution may pre- 
 scribe, without saying; one word as to the manner 
 in which that constitution is to be made or rati- 
 fied. All this is very plain. What, then, is the 
 matter in controversy? Had any man cverqucs- 
 tioned the right of the people, in formins^ a consli- 
 tulion, to decide the question of slavery for them- 
 selves ? And especially can it be questioned with 
 reference to the people of these Territories which 
 came into this country under a solemn treaty, 
 which is, as the Constitution of the United States 
 says, the supreme law of the land? That treaty 
 actually provided that the people should be pro- 
 tected in their rights of property, religion, &c.; 
 and one of the most distinguished statesmen that 
 this country has ever produced (John Quincy 
 Adams) has said emphatically, that the people 
 of these Territories had an absolute right to come 
 into the Union as slave States; because it is so 
 nominated in the bond — because of the treaty 
 under which they were acquired. I say that the 
 object of the Nebraska bill, so far as the forma- 
 tion of a constitution was concerned, or as to the 
 mode in which it was to be ratified, was simply 
 to place the Territories of Kansas and Nebraska 
 on precisely the same ground as the States already 
 in the Union occupied. 
 
 It was not the intention of this bill to place it 
 on any higher or any lower ground. It is not 
 necessary, sir, that I should consume the time of 
 the House by attempting to show that it is the 
 principle in theory and in practice, in this coun- 
 try, that the people may form a constitution, and 
 that it may be ratified either bj^ the delegates to 
 the convention , or by the vote of the people. Do 
 gentlemen mean to say that it was understood 
 at the time tlie Nebraska bill was introduced and 
 passed, that the people of Kansas should not have 
 the right to make a constitution without submit- 
 ting it to the people ? There was no such idea 
 broached, and I tliink I shall show conclusively 
 that no such idea was ever entertained. I desire 
 to call the attention of the House to some docu- 
 vjaients on this subject. 
 
 1 hold in my hand, sir, the original Nebraska 
 bill, as introduced in the Senate by Mr. Dodge, 
 of Iowa, and the substitute reported in lieu of it 
 by Mr. Douglas of Illinois; and when we turn 
 to the original draft of this section in that substi- 
 stute, which was to refer the question of slavery 
 to the people, it is very explicit on that subject. 
 It shows distinctly three things — that, according 
 to the President's doctrine, it was the slavery ques- 
 tion that was the trouble; that the intent was to 
 confer power on the Territory, not on the State, 
 and that that was to be a representative power. 
 The construction contended for now, with refer- 
 ence to this law, would resolve every Territory of 
 this Confederacy into an Athenian Democracy 
 where all the people should collect themselves to- 
 gether in one vast plain and enact their laws. That 
 would destroy the idea of a representative Repub- 
 lic, which was the thing in controversy in our 
 revolutionary struggle. It will do very well to 
 tickle the ears of ihe people by talking about pop- 
 ular sovereignty. But carry out the construction 
 contended for here, and the Constitutions, State 
 and Federal, vanish in thin air; for nothing could 
 
 then be done in this country unless the people were 
 to assemble and vote upon it in mass. 
 
 Most emphatically will the people of Indiana 
 repudiate this doctrine. They have precedents in 
 their own State which cover every phtrse of thia 
 question. They have had two constitutions there. 
 The first was made by their representatives, and 
 ratified by them alone. The second was submit- 
 ted to the people. They have knowledge within 
 themselves of the power to make constitutions in 
 their own way; and the man who says that the 
 Congress of the United States intended to deny to 
 Kansas or Nebraska the power to make their con- 
 stitutions in the manner in which any old State 
 made hers, is in error, and I take issue with him 
 on tiiat statement, and refer the question to the 
 country to determine. 
 
 Here is the clause which I desire to read: 
 " All the questions appertaining to slavery in the Terri- 
 tory, and in tho new Slates to be lormod therefrom, are to 
 be left to the decision of the people residing therein througii 
 their appropriate representatives." 
 
 The distinguished statesman who prepared this 
 bill was evidently under the impression that the 
 question of slavery could be decided by the rep- 
 resentatives of the people. But here we are told 
 to day that it could not be, that sovereignty ia 
 inalienable, that the right to make a constitution 
 could not be delegated; that, in short, this is not 
 a representative Republic, but a great Democracy 
 after the model of Athens. 
 
 But, there is a further proof on this question. 
 I hold in my hand Senate bill No. 172, introduced 
 by the Senator from Illinois [Mr. Douglas] for 
 the purpose of framing an enabling act to author- 
 ize the people of Kansas to form a State constitu- 
 tion, and come into the Union; and in that act, as 
 originally introduced, is the following clause: 
 
 " Sec. 3. ^ud be it further enacted, That the following 
 propositions be, and the same are hereby, offered to the said 
 convention of the people of Kansas, when formed, for their 
 free acceptance or rejection, which, if accepted by the con- 
 vention and ratified by the people at the election for the 
 adoption of the constitution, shall be obli;;atory on the 
 United States, and upon the said State of Kansas, to wit.'" 
 [Here follow certain propositions.] 
 
 Now that bill, as introduced by the Senator 
 from Illinois, expressly recognizes that this con.- 
 stitutionwas to be ratified by a vote of the people. 
 But the Senator from Georgia [Mr. Toombs] of- 
 fered an amendment, and that amendment was 
 accepted, not only by the distinguished author of 
 the Nebraska bill, but by the whole Democratic 
 party in the Senate, and received the votes of tiie 
 Democratic Senators, including two members of 
 the Cabinet, who then had seats in tlie Senate of 
 the United States. 
 
 And what was the feature of this Toombs bill r 
 Why, lo and behold! this vital principle of pop- 
 ular sovereignty, this doctrine that stares us in 
 the face, was struck out without a sigh, without 
 a tear, and was consigned to tlietornb of the Cap- 
 ulets. 
 
 Here is a provision of the bill as modified after 
 the introduction of an amendment by the Sena- 
 tor from Georgia: 
 
 "That the following propositions be, and the same are 
 hereby, offered to the convention of the people of Kansas'" — 
 
 Leaving out all that part that requires the peo- 
 ple to ratify the constitution at the ballot-box — 
 "for their free acceptance or rejection, which, if accepted 
 by the convention, shall be obligatory on the United States 
 
6 
 
 and upon tlie said State of Kansas, to ^yit:" [Here follow 
 certain proj)nsition-!.] 
 
 Well, sir, the bill as modified received the votes 
 of the entire Democratic party. They recognized 
 the power of making a constitution, and of bring- 
 ing a State into the Union, without the necessity 
 of submitting that constitution to the direct vote 
 of the people. Yes, sir, and they adopted that 
 provision in preference to the other proposition 
 which required its submission to the people. Yet 
 now we are told that nothing can have life, nothing 
 can be valid unless it has been first submitted to a 
 direct vole of the people at the ballot-box. 
 
 And what further would you have on the sub- 
 ject.' After that first section had been set aside 
 and the other adopted in its place, after they had 
 abandoned the idea of requiring the constitution 
 to be submitted to the people, that same distin- 
 guished Senator submitted a report to the Senate 
 of the United States upon the "Toombs bill;" 
 and let us see whetlier he was in favor of the con- 
 stitution being submitted to the people at the 
 polls, or whether he considered such submission 
 as necessary. I read from his report on the 
 " Toombs bill," on the 30th of June, 1S56: 
 
 •' Tlie qui'ftion now arises, whether a constitution niadi; 
 hy a political party without the authority of law, and under 
 circumstances which aftbid no safeguards against fraud, 
 nud no guarantees of fairness, and raises no presumptions 
 that it embodies the wishes and sentiments of a majority of 
 the inhabitants, shall be forced, by an act of Congress, upon 
 a whole people as their fundamental law, unalterable for 
 nine years. 
 
 " In the opinion of your committee, whenever a consti- 
 tution shall be formed in any Territory, preparatory to its 
 admission into the Union .Tis a State, justice, the genius of 
 our institutions, the whole theory of our republican system, 
 imperatively demand that the voice of the people shall be 
 fairly expressed, and their will embodied in that funda- 
 mental law, without fraud or violence or intimidation, or 
 any other improper or unlawful influence, and subject to no 
 other restrictions than those imposed by the Constitution of 
 the United States. 
 
 " It is true that each party claimed, at the time the To- 
 peka constitution was formed, and now claims, to have a 
 large niajorily of the legal voters in Kansas, in opposition 
 to the pretetjsions of the opposite party. Each party has 
 always professed a willingness to test and decide this dis- 
 puted point in respect to the majority, at the ballot-box, 
 whenever the elective franchise can be exercised in secur- 
 ity, and protected against illegal voting, fraud, and violence, 
 and a fair expression of the popular voice thus obtained. 
 The amendment proposed by the Senator from Georgia, [Mr. 
 Toombs.] as a substitute for the original bill of the commit- 
 tee, has been [)repared expressly with reference to attaining 
 this desirable result." 
 
 That was popular sovereignty, then. He was 
 satisfied, then, for the constitution to be submitted 
 to Congress without the vote of the people upon 
 it. He was willing that the convention should do 
 the whole work. He goes on to say: 
 
 '■ The delegates are to assemble in convention at the s(!at 
 of government of the Territory on the 1st day of December, 
 and then to decide, first, whether it be expedient or not for 
 Kansas to come into ihe Union at that time; and if deemed 
 expedient, to proceed to form a constitution and State gov- 
 ernment, which shall be republican in form, preparatory to 
 admi.ssion into the Union on an equal footing with the ori- 
 ginal States in all respects whatever." 
 
 And again, he says: 
 
 "The revised proposition of the Senator from Georgia re- 
 fers all matters in dispute to the decision of the present pop- 
 ulation, with guarantees of fairness and safeguards against 
 frauds and violence, to which no reasonable man can find 
 jn.-t ground of exception, while the Senator from New York, 
 if his propositi(m is designed to recognize and impart vital- 
 ity to the Topcka constitution, proposes to disfranchise, not 
 only all the emigrants who have arrived in the Territory 
 this year, but all the law-abiding men who refused to join 
 in an act of qpen rebellion against the constituted author- 
 
 ities of the Territory last year, by making the unauthorized 
 and unlawful action of a political party the fundamental 
 law of the whole people." 
 
 Is it not a fair inference, looking at what I con- 
 ceive to be the meaning of the author of the bill, 
 and following in his footsteps — looking at the past 
 history of the country — that the people of Kansas 
 have the right to ratify their constitution through 
 their delegates in convention, as well as in any 
 other way ? Mark, you, I am not opposing a sub- 
 mission to the people. I prefer that mode because, 
 in the progress of our history as a nation, it has 
 become more in vogue, and seems to be the more 
 favorite mode with the people. The President of 
 the United States, neither in his annual message 
 nor in any other message, opposes this course. 
 On the contrary, he frankly declares that it has 
 his preference. He so declares in his instructions 
 to Governor Walker; and every official act of his 
 Administration relating to the subject, carries out 
 the same idea. And I point to those facts to show 
 that, instead of trampling upon the rights of the 
 people of Kansas, he has endeavored, in good 
 faith, to carry out the plan of a submission to the 
 people. 
 
 But, sir, the Kansas-Nebraska bill says, the 
 principles of right and justice say, the whole prac- 
 tice and theory of our Government say, that the 
 people of Kansas have the right to prescribe the 
 manner in which their own constitution shall be 
 ratified; and if that manner does not happen to be 
 the way the President had marked out, it is the 
 duty of the President, as he lias done, to concede 
 to them the right of acting in their own way. 
 
 . But, sir, the distinguished author of the Kan- 
 sas-Nebraska bill says to the j^eople of Kansas; 
 " You must vote on this constitution. That ia 
 the vital principle of the Nebraska bill. I am th-e 
 author of that bill, and this is popular sover- 
 eignty." 
 
 I regret that the hour rule, which was estab- 
 lished here in 1840, precludes all discussion, where 
 it is necessary to refer to authorities. It takes 
 too long. But, sir, I must be permitted to say 
 that most of the remaining propositions to which 
 I designed to call the attention of the House, are 
 fully covered, and much more ably presented than 
 could possibly be done by me, in the message of 
 the President, which has just been read in the 
 hearing of the House. 
 
 In reference to the law under which the con- 
 vention which framed the Lecompton constitu- 
 tion was called, I have a few remarks to make. 
 The law is almost a transcript of the " Toombs 
 bill," fair in all its provisions. It is almost a tran- 
 script of that great measure of pacification upon 
 which the author of the Kansas bill and the entire 
 Democratic party of the country stand committed. 
 Sir, for the execution of that law the faith of the 
 Government is ]iledged, and no man doubts that 
 the people of Kansas would have carried it out in 
 perfect peace and safety, if they had all partici- 
 pated in the election of the convention which made 
 their constitution. But, sir, they did not do so; 
 and why.' A registry was to be made, and these 
 people, acting in pursuance of a plan of organiza- 
 tion which commenced far back in the canvass 
 of 1856, refused even to allow themselves to be 
 registered. 
 
 But nineteen counties, it is said, were disfran- 
 chised. Yes, sir, and the question of fact has been 
 
raised upon this floor in regard to the matter. If 
 gentlemen who are so industrious in searching 
 the official records, to cut out a sentence here and 
 iJiere, used by Governor Walker, had consulted 
 the public documents upon the subject, they would 
 have found an answer to that matter. 
 
 Mr. SHERMAN, of Ohio. The gentleman re- 
 fers to certain facts in regard to the disfranchise- 
 ment of counties. I am now here prepared, from 
 a copy of the territorial laws, to show that the 
 statement to which he refers is full of errors, and 
 that but one of the allegations contained in that 
 statement is true. I have the book now with me; 
 and if -the gentleman will permit mo, in two min- 
 utes I will point out to him twelve errors con- 
 tained in eleven lines. 
 
 Mr. HUGHES. I will do it upon one condi- 
 tion. Will the gentleman from Ohio answer me 
 a question? The Supreme Court of the United 
 States having decided, as he understands, and 
 as the country understands, as you and 1, Mr. 
 Speaker, understand, that the Constitution car- 
 ries slavery into the Territories, is the gentleman, 
 in good faith , willing to abide by that decision and 
 carry it out .' 
 
 Mr. SHERMAN, of Ohio. I will not answer 
 any question which is not pertinent to this ques- 
 tion; but as the gentleman refers to circumstances 
 involving a question of veracity, I am prepared 
 to show, by a document which the gentleman ac- 
 knowledges as the law of Kansas, that the state- 
 ment upon which he relies, and upon which gen- 
 tlemen upon the other side have impugned the 
 integrity and veracity of Governor Walker, is un- 
 true. 
 
 Mr. HUGHES. The gentleman stands in the 
 most favorable position — the position of a law- 
 yer, who makes a statement which he knows can- 
 not be admitted in evidence, for the purpose of 
 having an effect upon the minds of the jury. Hav- 
 ing had the benefit of his offer, I leave him there. 
 I can excuse him from answering my question, 
 because he has ah'eady answered it. 1 find in the 
 Appendi.K of the Congressional Globe, third ses- 
 sion, Thirty-Fourth Congress, page 108, the fol- 
 lowing: 
 
 " Mr. English. I ask the gentleman fmtlier, if the Su- 
 preme Court of the United States should decide that tiie 
 Constitution does carry slavery into the Territories, will he 
 acqiiiciice in that decision ? 
 
 '•Mr. Sherman. I answer, yes." 
 
 Mr. SHERMAN, of Ohio. I will respond if 
 the gentleman desires, bat I will not interfere un- 
 less the gentleman consents. 
 
 xMr. HUGHES. That gentleman declined to 
 yield me the floor the other day to put a question. 
 1 yield to gentlemen who yield to me, and I may 
 say that there has been no over-courtesy extended 
 to me in this House, up to this time. 
 
 1 say that Governor Walker and Secretary Stan- 
 ton have said in their official statements that the 
 population of those nineteen counties was very 
 sparse, and that the execution of the registry law 
 was prevented, to a great extent, by the local 
 agents and the people. But, nevertheless, the pop- 
 ulation was sparse. If the gentleman's proposed 
 correction was upon the point that those counties 
 were attached to other counties, I admit that they 
 were attached for legislative purposes, and not for 
 convention purposes. Sir, nine thousand voters 
 were registerca, but only two thousand voted. 
 
 Where were the other seven thousand.' Were 
 they disfranchiaed ? They were doing precisely 
 what their compeers did on the day of the elec- 
 tion on the 2Ist of December — they were carrying 
 out that unlawful conspiracy by which they bound 
 themselves by an awful oath, under military or- 
 ganization, to resist the laws and the Constitution 
 of the United States, and to set up, in defiance of 
 them, a government of their own. 
 
 Gentlemen talk about troubles in Kansas. I 
 could, iflime allowed, go back and trace the whole 
 of this Sharpe's rifle matter from beginning to end, 
 and show that to this day they are enrolled in 
 brigades and companies, with their ofticers, col- 
 onels and generals, and required to be dealt with 
 accordingly. I say that no man ought to be 
 treated with by the Government, while he retains 
 the attitude of rebellion, and I say that the Pres- 
 ident of the United States has, in his message, 
 struck the key-note of this whole matter, and it 
 will find an enthusiastic response in the hearts of 
 the people. It is rebellion, rebellion alone that 
 has caused all these difficulties. 
 
 Talk about freedom and free constitutions! You 
 say you are opposed to the extension of slavery. 
 If we could agree upon the meaning of the terms, 
 I could possibly agree with gentlemen. What is 
 slavery, and what is freedom ? It has been said 
 that " he is a freeman whom the truth makes free, 
 and all beside are slaves." Now, there is the 
 slavery of the bondman, and of the black man, 
 but that is nothing to the slavery of the soul, 
 which bows in absolute subjection man's nobler 
 powers; and I say of the blackest negro beneath 
 a southern sun, that, though his body may be en- 
 slaved, his mind may be free; and that, while he 
 toils under the lash of the overseer, if endowed 
 with capacity, his mind may converse with the' 
 sublimest truths of science and philosophy. 
 
 I say that an individual who is bound by such 
 an oath as that to which I have referred, is bound 
 by that which destroys the individual, and sub- 
 jects him to a slavery that conquers tlie soul. I 
 would say to those men who howl about Alrican 
 slavery, before you go to the South to strike off 
 the fetters of the slave, uncoil from around your 
 own hearts the cankering chains which your own 
 folly and fanaticism have riveted there. 
 
 You talk about devotion to freedom. I say you 
 may show your devotion to freedom much better 
 by maintaining free institutions already estab- 
 lished, than by clamoring about those yet unborii. 
 I could review the history of the recent canvass 
 of a party which filled the country v.'iih appeals 
 against their own government, a party that main- 
 tained that because a small State had two Sena- 
 tors, and a large State had only two, therefore 
 the Constitution of the United States was wrong; 
 a party that made war upon the free Constitution 
 which spreads its ample folds over thirty millions 
 of white people, and bestowed all its affections 
 upon a miserable instrument of rebellion designed, 
 as they pretended, to protect the people of a single 
 Territory.' 
 
 I was going on to show the position which those 
 people occupied. Governor Walker, in his offi- 
 cial report, says; 
 
 " The dillicultios in tliis Territory are not yet adjusted, 
 and, without the suljmission of the coustitutiiin to the peo- 
 ple, a peacelul settlement is entirely impractic.ihle. Ttiera 
 is slill a coiisiik'rahic paiiy in fv:ui>as vvlio will resist the 
 adoption o' the coii^litulion, Iw.i-eccr framaf, upoii the 
 
8 
 
 ground so long occupied by them, that the Territorial Lc- 
 g1»l:iture which called this convention was elected by voIsts 
 of another State, (as they allege,) and not by the people of 
 Kansas." 
 
 That Was the ground they occupied before the 
 convention met and before the dclcgfttes to it were 
 elected. These men were pledged then not to rec- 
 ognize anything the convention might do, and to 
 refuse to adopt the constitution it might frame, 
 on the ground that tliey would not recognize the 
 territorial government of Kansas. Well , sir, they 
 were warned by Governor Walker upon that sub- 
 ject, and I commend these sentences of his to the 
 attention of gentlemen with whom he has become 
 a great and shining light: 
 
 •■ The people of Kansas, then, are invited by the highest 
 KUlhority known to the Constitution, to participate freely 
 Rnd fairly in tht; election of delegates to Irame a constitu- 
 tion and'State government. The law lias performed its en- 
 tire appropriate function when it extends to the pi;ople the 
 right of sutfrage : hut it cannot compel the performance of 
 tliat duty. Througliout our whole Union, however, and 
 wherever free government prevails, those who abstain from 
 Uie exercise of the right of suffrage authorize those who do 
 vote to act for them in that contingency, and the absentees 
 we as much bound, under the law and Constitution,wliere 
 there is no fraud or violence, by the act of the majority of 
 tliosc who do vote, as if all had participated ii' ihe election. 
 Otherwise, as voting must be voluntary, self-government 
 would be impracticable, and monarchy or despotism would 
 remain as the only alternative. 
 
 ■' Vou should not console yourselves, my fellow-citizens, 
 with the refleclion that you may, by a subsequent vote, 
 tlefent the ratification of the constitution." 
 
 That was the flattering unction they were lay- 
 ing to their souls. Why ? Because they wanted 
 this very contingency to arise, that Kansas should 
 be knocking at the door of Congress with a slave 
 constitution, so that they might have food for 
 agitation. But Mr. Walker goes on: 
 
 '•'Although most anxious to secure to you the exercise of 
 that great constitutional right, and believing that the con- 
 vention is the servant, and not the master of the people, 
 \iet I have no power to dictate the •proceedings of that body." 
 
 Ah! but they say they were assured that the 
 constitution should be submitted to the people. I 
 lell you, sir, Mr. Walker said it was his opinion 
 that it would be; and he said, too, that if it was 
 not so submitted, it ought to be rejected by Con- 
 gress; but he told these men that the convention 
 had the absolute authority to submit the consti- 
 tution to the people, which implies the authority 
 to withhold it, and he warned them not to rely 
 
 ) on the privilege ol 
 I them that he coul 
 
 could not, dictate I » n^c noo noo f 
 
 Ition. Andnowthe, ^ ®^^ ^^^ 922 6 
 
 ! had no chance to vote. Where were they when 
 
 I the delegates to that convention were elected r 
 
 j They say they had no chance to vote in the elec- 
 
 I tion of the 21st of Decentiber because the full 
 
 I constitution was not submitted. Why, sir, they 
 
 had a chance to make the constitution; to con- 
 
 I struct it from the preamble to the end; but they 
 
 had fully, deliberately, and defiantly committed 
 
 i themselves against it, and declined to have any- 
 
 j thing whatever to do with the proceeding. And 
 
 I now they come here claiming to be the people of 
 
 . Kansas. But we had an illustration yesterday of 
 
 I what these men are driving at. They want the 
 
 j Topeka constitution. They have sent resolutions 
 
 I here recommending the Topeka constitution; and 
 
 v/hat do they ask.' Do they propose that that 
 
 constitution shall be submitted to the people.' 
 
 By no means; not at all. 
 
 I omitted, in my argument, some minutes ago, 
 to show that Mr. SiiWARU, of New York, offered 
 an amendment to the Tootubs bill, which pro- 
 posed that Kansas should come into the Union 
 after certain propositions had been accepted by 
 the Legislature. That amendment, I believe, re- 
 ceived the vote of the whole Republican party in 
 the Senate. It is as follows: 
 
 " ^nd be it furtfier enacted, That tlii! following propositions 
 be, and the sante are liereby, ofl'ered to liie State of Kansas 
 for the free acceptance or rejecrion by the Legislature of 
 said State, which, if accepted by the same, shall be obliga- 
 tory on the United States and upon the ritateof Kansas, to 
 wit. " 
 
 From this it appears that the Republican party 
 recognize the power of a LeghUiture to make terms 
 for admission into the Union. This is going be- 
 yond even a convention, and falls far short of a 
 vote of the people. Here is one of tlie resolutions 
 of the Legislature of Kansas, presented here yes- 
 terday, which no more requires a vote of the peo- 
 ple on their constitution than the Cincinnati plat- 
 form: 
 
 '' Resolved, That the people of Kansas Territory claim 
 the right, through a legal and fair cx|iression ot the'will of 
 a majority of her citizens, to form and adopt a constitution 
 for themselves." 
 
 [Here the hammer fell.] 
 
 Printed at the Conercssional Globe Office. 
 
LIBF 
 
LIBRARY OF CONGRESS 
 
 111 Hill Hill nil 111' 111"""" 
 
 016 088 922 6