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THE KATs^SAS ISSUE. 
 
 REMARKS 
 
 OP 
 
 HON. JAMES F. DOWDELL, 
 
 OF A LABAM A, 
 
 IN THE HOUSE OF REPRESENTATIVES, MARCH 10, 1858, 
 Advocating the necessity of additional guarantees for the protection of southern rights. 
 
 The House being in the Committee of the Whole on the 
 state of the Union- 
 Mr. DOWDELL said: 
 
 Mr. Chairman: It is not my purpose to de- 
 tain the committee at this time, by a considera- 
 tion of all the points involved in the Kansas ques- 
 tion. Under the rule, I will not have the time, 
 did I so desire. But I do not desire it. The sub- 
 ject has been freely and fully discussed for the 
 last four years. The country is in possession of 
 all the facts and all the arguments. It remains 
 for us to pronounce the decision. What thejudg- 
 ment of Congress will be, I knov/ not; but of its 
 i-esults I propose to say a few words. Before pro- 
 ceeding to speak, however,, upon this great and 
 leading question, I will briefly allude to another 
 subject which has occupied largely the public at- 
 tention, and is intimately connected with the pub- 
 lic interests. In some form its consideration wiH 
 become, at an early day, the duty of the House. 
 Not by any means underrating its importance, I 
 simply allude to it for the purpose of protesting 
 against an assumption of power of dangerous 
 precedentexercised in thearrest of William Walk- 
 er and hist olio we rs, by our naval forces, on foreign 
 ■soil. The act was in violation of laws, the strict 
 observance of which is of the utmost importance 
 to the peace of the country, and a regard for the 
 rights of its citizens. It was the duty of the Ex- 
 ecutive to enforce observance to the neutrality 
 laws, to prevent illegal expeditions being fitted 
 out and carried on against foreign nations, with 
 whom we are at peace. No good citizen can com- 
 plain of his discharge of this duty, whatever 
 opinion may be entertained of the wisdom of those 
 laws They do not, nor were they designed to, 
 interfere with the right of an American citizen to 
 expatriate himself — to emigrate with his arms in 
 his hand. Even illegal expeditions, when within 
 the jurisdiction of a foreign Governmental peace 
 with us, are beyond the reach of this Govern- 
 ment. The act of arrest was not only a " grave 
 error," but the exercise of power unauthorized, 
 and demanded signal rebuke. The purity of mo- 
 
 tive, however itTlray palliate the offense of the in- 
 dividual in the court of conscience, cannot cure 
 the violation of law, restore the losses of the in- 
 jured, nor avert the danger of the precedent. 
 
 With these words I leave this subject for the 
 present, and pass to another, more immediately 
 demanding our attention, which I regard to be of 
 the gravest character. No more important sub- 
 ject can be presented for our action than the ad- 
 mission of a sovereign State into our political 
 Union. To the case now before us additional im- 
 portance attaches, because of violent opposition, 
 and the danger of results involving the peace of 
 the country and the integrity of the Republic. 
 States have been refused admission upon their first 
 application. The postponement, although incon- 
 venient, did not disturb the operations of the Gov- 
 ernment, nor interrupt the harmony of our rela- 
 tions. The cause of refusal was not violative of 
 the spirit and fundamental condition of union. 
 Therefore no serious consequences followed. The 
 reason offered by the opposition for refusing to 
 admit Kansas with the Lecompton constitution, 
 strikes a blow at the rights of all the slaveholding 
 States. Before venturing upon a decision of such 
 momentous magnitude, it becomes us well to de- 
 liberate. 
 
 In the history of all Governments, no principle 
 is better established than that a division of power 
 is essential to the preservation of liberty. Political 
 power, wherever located, under any form of gov- 
 ernment, unrestrained, is despotic. It matters not 
 whether lodged in the hands of one, a few, or 
 many; only in the latter it is the more dangerous. 
 A monarch, with a conscience to restrain him, 
 might relent, hesitate, stop short of his victim; 
 majorities never. Without souls or consciences, 
 they would pursue their purposes and their 
 victims to the bitter end. The founders of our 
 system, v/ell understanding this truth, attempted 
 to frame a government of divided power, wi th such 
 checks, balances, and limitations, as would effect- 
 ually guard the weaker against encroachment 
 from the stronger, and forever prevent the concen- 
 tration of power in any of its departments. 
 
For all the ordinary ends and purposes of so- I tory, or commiseration over defeat, cements more 
 rieiy, this has been achieved. The system is found 'l closely the bonds of fellowship. The cry of the 
 10 work admirably in practice. The three great old Shibboleth, with all its exciting associations 
 departments of Government, the legislative, ex- j! in the past, will rally the clansmen long after the 
 icutive, and judicial, have been kept distinct ar«3 I objects of combination have passed away. In 
 independent. Neither House has infringed the ; this country numerous instances can be cited 
 rights and privileges of the other. Nor has the i where political party feelings have proved supe- 
 executive pov/er bten enlarged at the expense of '\ rior to the ties of personal friendship, and party 
 the legisliuive or judicial. All this granted — the ;! animosities have destroyed kindred and church 
 great departments are in the possession of all the j relations. Notwithstanding the strength and 
 power bestov/ed on each by the Constitution — and stubbornness of this feeling, dividing and sway- 
 further, that the Slates, in their separate jurisdic- 'j ing the masses of our countrymen, controlling the 
 tions, hold their reserved rights and powers intact: I operation of the Government from the beginning, 
 let me ask, of what benefit to public and private .1 who has not seen strong national parties go down 
 liberty becomes our beautiful theory of a Confed- '' under the tread of sectional columns — bonds 
 eracy, with its checks and balances between State i Etroneer than steel dissolve in the fires of sec- 
 
 and Federal authority, the division of power be- 
 tween the difterent departments of each, if, by a 
 combination of States, all these departments of 
 power, executive, legislative, and judicial, should 
 pass into tl'.e hands of a majority, become united, 
 and wielded in a line of policy hostile to the rights 
 of the m.inority .' Of what avail, 1 repeat the ques- 
 tion, with this state of facts, are paper constitu- 
 tions to the ])rotection of the miiiority, however 
 admirably they may be coiitaj^^ or stringently 
 guarded, without power is cMBRled to negative 
 aggressive ligislation .' Do notour systems of 
 government, S:ale and Federal, with their multi- 
 plied limitations upon power, demonstrate the aim 
 ■of our t'iUhers to have been to guard the rights of 
 individuals and minorities against tiie tyranny of 
 majorities.' And will not this design be totally 
 thwarted, and our constitutional Government be 
 
 tional strife .' But a few years ago the proud old 
 Whig banner was triumphantly waving in a ma- 
 jority of the Slates, and the gallant leaders, with 
 a patriotism as broad as the Union, commanded 
 the love of their followers and the admiration of 
 their opponents. They have passed away. The 
 banner no longer floats upon the breeze. The 
 voice of the multitude hailing it v/ith loud acclaim 
 is now hushed; no vestige remains. Not 
 " 0:n' ro-i> of the wilderness left on its stalk. 
 To mark where a garden had been." 
 
 Sectionalism divided and conquered it. Such, 
 too, was the fate of the American party. That 
 organization, af'.er a feeble attempt at nationality, 
 even with the strong declaration for " the main- 
 tenance of the Union of these United States, as 
 the paramount political good, or the primary ob- 
 ject of patriotic desire," could not stem the waves 
 
 esse?Uift% changed, by a permanent conibinalinn of'\ of sectionalism. It passed as a shadow— fled away 
 
 a mnjoritij of Hie States witlt strengtii sufficient to 
 hold and control all the powers of Fedeir.l legis- 
 lation ? Most assuredly so. And especially is it 
 true, when the ca\ise and continuance of such 
 combination spring from hatred and hostility to an 
 institution peculiar to the. minority. And it may 
 be added, the more dangerous because of geo- 
 grapiiical distinction. 
 
 In this connectii.'i! the reply may be given, that 
 the proposition is an impossibility under our ])res- 
 
 as a vision of the night. There was left but one 
 great political association, whose professions and 
 policy looked to the interests of the whole coun- 
 try — the last hope of the patriot. To its ranks 
 were gathered the conservative of ail sections. 
 Whigs and Americans, who sympathized with us 
 in the conflict with sectionalism, to this national 
 standard were rallic3. The battle was fought; we 
 won the victory. Hope revived for a peaceful and 
 glorious future to our country. Confidence in the 
 
 ent form of government, because the Constitution etrength of the Government and the perpetuity of 
 positively prohibits a Slate " to enter into any j our republican institutions was partially restored, 
 agreement or compact with another State." Tiiis IIow long to last? E.-e the temporary fruits of 
 is true, and yet my propositioi\.does not fail. No ^ victory are gathered, a cloud comes over us — the 
 two or more States may formally enter into any ; shadows of death settle upon the path. The steps 
 agreement or compact against another State; and ' of the de.'^lroycr are heard within our borders, and 
 yet, through the agency of the Federal Govern- the spirit of dissension has fastened upon our 
 ment,a m:\joniy of the Stiurs may effcclanllij com- | vitals. Shall the national Democracy fall a prey 
 bine, hold possession of all the departments, and Ij to sectional jealousy.' Shall the glorious old party 
 with the facility of construction common to ag- , of the Constitution, who, in peace and in war, 
 cressors, torture the meaning, without altering a ■ have upheld the honor of the country and main- 
 letter of the Constitution, so as to most grievously tained theprinciplesof republican liberty, godown 
 oppress the minority. Tluis it will be seen how ' in the shock of battle ? Let this disaster overtake 
 we may be oppressed, and how easily the spirit of us, let this evil day come, and it will be followed 
 the original compact may be extinguished whilst by a long night of direful calamities. There will 
 its beautiful body remains. The "next question be left, I doubt not, in every northern State, patri- 
 is, will this dangerous combinalion be made? Are otic men, devotid and true to the Constitution — 
 there any signs of such approaching madness? many who would willingly lay down their lives 
 Air. Cliairman, we all know the power and in- for the constitutional rights of the South, I be- 
 fluence of party associations. Those who march lieve. But, overshadowed and borne down by a 
 under the same banner are always friends when sectional majority in every State, they would be 
 an enemy is before them in the field; the stronger powerless for good. 
 
 the antagonist, and the more desperate the en- ! Now, sir, under this state of facts, with the 
 counter to be met, the stronger are the tiep of causes which have brought it to pass, let me ask, 
 union, and the warmer the sympathies of friend- what security will the minority States have 
 ship. After the battle, the common joy of vie- against oppression? If party cords, however 
 
3 
 
 l>-^ stubborn and strong; the cohesive iron bands of 
 ,1^ common interest; the ties of kindred blood, ;ind 
 'Ny^ personal friendship; the sacred and holy links of 
 ' brotherly love, hallowed by the strong memories 
 ■ of the glorious past; if these, if all these, cannot 
 '■■* withstand the dissolving; fires of sectional hate, I 
 -repeat the question, wliat securitjMs there against 
 -^oppression ? Do you point me to the checks, bal- 
 ^ances, and limitations of our federative system? 
 (O(to the constitutional declaration of rights, its defi- 
 nitions and prohibitions of power? These, sir, 
 would snap asunder like the green v/ithes wherein 
 Samson was bound; "as a thread of lov/ is 
 broken when it toucheth the fire." The power of 
 construction could easily remove all these whole- 
 some obstacles which fence the path of tyranny. 
 They would bend to the desires of the majority, 
 as the tall oaks to the sweep of the tempest. The 
 history of nsankind, the world over, proves it. 
 Collisions only can be avoided by effectual limit- 
 ations to power. There must be a potent voice 
 to say, " thus far shalt thou go, and no further;" 
 or else, " the waves will roll not back." Hither- 
 to our system of government has furnished that 
 check, and our Constitution spoken that voice. 
 Hitherto ol)cdience followed the command, and 
 the " proud waves were staid." Did the spirit 
 of the old Union live, liberty would live; State 
 rights and private rights would be sacred, shielded 
 against even the stealthy and insidious power of 
 construction. But, sir, once let all the depart- 
 ments of the Government pass into the hands of 
 a combined majority section; and, whether the 
 united powers would be used aggressively or not, 
 the Constitution would immediately lose its vital- 
 ity, the distinctive conservative feature of our 
 system be destroyed, and the minority would be- 
 come dependent upon the capricious will of the 
 majority States. 
 
 But suppose the majority, thus armed with 
 power, disclaim all designs to injure — suppose 
 them, for the time being, to be actuated by a love 
 of justice: does this alter, in th.e least, the subject 
 condition of the minority? To test the supposi- 
 tion, let us say we believe your professions sin- 
 cere; you intend us no harm; you have the power, 
 but will refrain from its exercise to our injury; 
 what objection have you then, in the absence of 
 evil designs, to submit to wholesome restraints 
 upon that power? If you never intend to exercise 
 it oppressively, give us the evidence by laying a 
 portion of it down. If you refuse, however sin- 
 cere may be your professions, we are warned, by 
 the history of the past, to be on ourguard. Equality 
 between States, so essential to liberty, cannot long 
 be maintained under an inequality between sec- 
 tions or coinhinations of States, un\ess the stronger 
 be circumscribed in their powers. The danger- 
 ous state of ali'airs in which we find ourselves 
 was clearly not contemplated by the fathers of 
 the Repulilic, or else, with their intense opposition 
 to centralized power, they would have guarded 
 against it. The fears of our predecessors, soon 
 after this Government went into operation, were 
 aroused to this danger, and herculean efforts have 
 been made to prevent disaster to the system by 
 preserving equality between sections. The strug- 
 gle has been a fierce one. With this view, for a 
 long period, States have been admitted in pairs — 
 a slaveholding and a non-slaveholding together. 
 The equilibrium has thus been maintained up to 
 
 a \'ery recent period. The admission of Califor- 
 nia, in 1850, turned the scale against the South. 
 Up to the time of that compromiae we v/ore safely 
 guarded againstencroachments. The Senate stood 
 like a mountain in the path of the aggressor. By 
 the admission of California we lost the balance — 
 both the grvjat legislative departments passed into 
 the hands of the free States. 
 
 Sir, holding this department of power, we could 
 not, if we would, invade the rigl'.ts of the other 
 section; but we could preventoncroachmentsupon 
 our rights. That important negative )>ower, help- 
 less to injure, mighty to protect, has been lost. 
 We now stand relying for safety on national 
 parties, and the love of justice which may remain 
 in the bosoms of the majority. In ordinary times, 
 these subordinate securities may prove beneficial; 
 but we know they are as nothing in the path of 
 avarice, ambition, and fanaticism. Parties are 
 but the creatures of a day, the accidents of the 
 hour. They are liable to change from constant 
 occurring combinations, as new interests arise, or 
 new whims are to be gratified. The lovers of justice 
 havelieen too often driven bj' the wicked raultitude 
 to " mountains ai^ deserts — to the dens and caves 
 of the earth; ha^Been doomed to wandcraboutin 
 sheep skins and^rot skins, destitute, afllicted, tor- 
 mented" — for us torely solely upon this principle 
 for protection. Something more than the mere 
 love of justice in Governments, however civilized, 
 is found necessary to prevent wrong. In framing 
 the organic law, the people must be imbued with 
 the wisdom and sense of right sufficiently great to 
 part with a portion of their powers, and thereby 
 extract the teeth and claws of the lion of authority; 
 or else the weaker will, sooner or later, become a 
 prey to the stronger. ¥/hatever be the form of 
 the government, this evil tendency in man, to 
 usurp and wield power, must be provided against 
 to escape tyranny. 
 
 If rsc -essity, then, be laid upon a people whose 
 interests are identical, to bridle power to preserve 
 freedom, how much more urgent the reason for 
 restraints upon a Government whose authority 
 extends over large Territories, holding dissimilar 
 and often antagonistic interests? 
 
 In thus contending, Mr. Chairman, for better 
 safeguards to liberty than political jiarties can fur- 
 nish, I do not mean to disparage the worth of the 
 Democratic party. In all the sectional conflicts 
 of the past, that party has given to the councils 
 of the country m<«good and true, who have faith- 
 fully stood by the constitution. My own section, 
 demanding only her just and equal rights under 
 that instrument, have found in that noble party a 
 trusty and faithful ally. Hitherto it has deserved, 
 in maintaining its integrity, the confidence be- 
 stowed by the South. It is to be lamented that 
 many have fallen in the battle; some have deserted 
 the standard ; distinguished leaders have wandered 
 off, and united their I'ortunes with the enelny; but 
 the party still lives, and, I am proud to believe, 
 holds in the North a host of patriots with hearts 
 still true to the right. Unwilling to despair of 
 the Republic, I must hope that the little band, 
 though weakened by desertions and depressed by 
 the diminution of confidence, will, with the daring 
 courage of noble hearts, bravely face the storm. 
 In time, they may gather the pure and the good, 
 and rally strength to save the Constitution from 
 the hand of the destroyer. Whatever be ourdes- 
 
tiny, the true men of the North will live long in 
 the afft'clions of the generous and patriotic sons 
 of the South. 
 
 Mr. Chairman, I trust that I have shown to the 
 committee the danger to our institutions of unre- 
 strained majorities. I have not alluded to the in- 
 creasing: hostility between the two sections, to be 
 gathend from legislative resolves and acrimoni- 
 ous articles in the public press, both religious and 
 secular. The spirit of crimination and recrimin- 
 ation prevails to an alarming extent. From this 
 source reasons could be multiplied leading to the 
 same conclusion. But none are so blind as not 
 to see that perils environ our position of the grav- 
 est character. With all my confidence in the 
 Democratic party, and notwithstanding the hope 
 expressed in its fidelity, I must still believe that 
 some more ]>otent and enduring check is impera- 
 tively demanded for our security against invasion. 
 Upon this point, were any doubts left, my opin- 
 ions would bf confirmed by the bold declarations 
 of a northern Senator, who is regarded the head 
 and front of the Black Republican party; one 
 who speaks the sentiments and shadows forth the 
 designs of that infatuated orga^iatiou. His phil- 
 osophic eye discerns the con(|^H) of affairs and 
 takes in the future. The boa!^Wf power which 
 he makes discloses the dangers to which the mi- 
 nority are exposed. In a recent debate on the 
 Army bill, the Senator from Ne\y York [Mr. Sew- 
 ard] said to tiie Senator from New Hampshire, 
 [Mr. Hale:] 
 
 " I am very sorry that the faith of the honorahle Senator 
 from New Hampshire is less tlian my own. He appreiiends 
 oonlintial (li>a>tcr. He wants this buttle contiuiu'd and 
 fought liy skirmisli(;s, and to deprive tlie enemy of every 
 kind of snpplies. Sir, I regard thU battle ai already fou«kt. 
 It is over. All the mistake is that the lionorable Senator 
 and others do not know it. IVc arc fi;;hting for a majority 
 of free States. 'J'here are already sixteen to fifteen ; and 
 wliatever the Administration may do — whatever anybody 
 may do — before one year from this time we shall be nine- 
 teen to fifteen." 
 
 Mark well the language. These words were 
 not delivered in haste. Coolly and deliberately 
 uttered, they were the convictions of his judg- 
 ment. I was in the Senate at the time, and heard 
 them. To me it was a note of warning fi-om the 
 enemy. '• We are fighting for a majority of free 
 States;" "this battle is already fought;" "six- 
 teen to fifteen;" and soon " nineteen to fifteen." 
 If the rights of States and sections are to be re- 
 spected, if the Constitution of the United States 
 is to be regarded, let me ask the reason for the 
 boast of a mnjority of free States. It is given in 
 another speech of the Senator's. He said: 
 
 '■ I expect to see this Union stand until there shall not he 
 the footstep of a slave itnpressed upon the soil that it pro- 
 tects, although thai soil will be extended, for aught I know, 
 from the iVorlli Pole to tlie Caribbean sea, as it has already 
 extended from the Atlantic to the Pacific ocean." 
 
 Whatever opinions others may entertain, there 
 remains upon my mind not the shadow of a doubt 
 as to the action of a party with such sentiments, 
 when they shall be clothed with the power to le- 
 gislate. They will, in a majority, wield powers 
 destructive of our rights and property. If designs 
 dangerous and despotic are not meditated, let me 
 again ask why the exultation at the " majority 
 of free States," coupled with the expectation of 
 seeing " no footstep of a slave upon the soil" of 
 the country ? And subsequently the same opin- 
 ions were reiterated in a set speech by that Sen- 
 
 ator. Sir, this spirit of aggression will not stop 
 ' at the seizure of all the common territory. Noth- 
 ing short of universal dominion will satisfy its 
 voracious appetite. The sight of ruined cities and 
 desolated fields between the fanatic and his object 
 will not arrest him in his wild career, nor curb 
 the passion for conquest. 
 
 By virtue of the Constitution, interpreted by 
 the highest judicial authority, the southern States 
 have the right to carry their slave property and 
 plant their institutions upon the common territo- 
 ries of the Union. This right must not be im- M 
 paired, nor our progress and expansion impeded. I 
 The law now in force allows it; stern necessity ■ 
 in time will demand it; woe betide that people who 
 shall, even under the forms of legislation, attempt 
 to forbid its exercise. Sir, is there a man who 
 doubts the attempt will be made, should the Black 
 Republicans control iheGovernment ? Hatred to 
 African slavery is their bond of union; its ulti- 
 mate and entire suppression the corner-stone upon 
 which they build. To this end, the declaration, 
 " no more slaveholding States to be admitted into 
 this Union." Not a Representative of that party 
 would vote to admit a slaveholding Slate this day, 
 however legal and regular her application. Were 
 the slavery clause the only possible objection, it 
 alone would be sufticient to control the action of 
 their representatives in both branches of Congress. 
 Thus stands the case now. The prospect of a 
 change of opinion on the part of the represent- 
 ative will at once vanish, when it is known that 
 tiie constituency behind are far in advance of the 
 delegate in hatred to our institutions. To their 
 fixedness of purpose and bitterness of feeling, in- 
 tensified by fanatic religious zeal, may be added 
 the motives of imaginary spoils to be reaped in 
 victory, and supposed immunity from harm to 
 themselves in the conflict. Under those circum- 
 stances, I must confess that I can imagine no 
 probability of a change of opinion that will inure 
 to the benefit of the South. 
 
 The rapid growth of Abolitionism, its power to Bp 
 dissolve national parties so unmistakably given, 9 
 its present strength and bold attitude in Congress, * 
 and its constantly augmenting power, should 
 teach the minority section to look to remedies, in 
 addition to national parlies, for their protection. 
 The admission of Kansas, should she continue to 
 be a slaveholding State, will not remedy the evil, 
 nor materially aller the condition of'lhings. The 
 j disparity between the two sections Will not be di- 
 I minisiied. Oregon and Minnesota come imme- 
 i diately after, if not before, to swell the major- 
 ity of free States. Soon will follow Washington 
 and Nebraska, Utah, and probably New Mexico. 
 Willi tlusgreat probable preponderance of north- 
 ern power, to be inflamed by the ruthless madness 
 of a fiery fanaticism, to grow in its e.xcesses by 
 each succeeding victory, what remedy short of a 
 change in the organic law can be found equal to 
 the emergency? What otiier plan to be devised 
 which will lead to a peaceful solution of our dif- 
 ficulties.' Sir, appeals to patriotism, invocations 
 of right and justice, the recounted memories of a 
 common struggle for liberty, will fail upon the 
 dominant majority like the voice of flattery upon 
 the " dull, cold ear of death." These will notdo; 
 ihey are tcmiiorary expedients, vain and illusory. 
 In the dark hour, party organizations, with pro- 
 fessed devotion to national platforms, cannot 
 
5 
 
 withstand the advance of sectional legions. With | 
 a fell purpose to uproot and trample upon the old i 
 landmarks of friendship, they come with the tread i 
 of the Behemoth and the blast of the hurricane, li 
 They propose by this interference with our do- h 
 mestic institutions, through a sectional organ- ! 
 izatio.i controlling the majority States, to pervert il 
 our Constitution, one of whose main objects was 
 " to insure domestic tranquillity, so as to inaugu- h 
 raie domestic violence." I 
 
 Sir, the great patriot statesman of the South, 
 Calhoun, who, whilst living, had no superior, ' 
 and dead, leaves not his like behind, has placed 
 upon record, after a life of the largest experience, | 
 the profound reflections of his matured judgment 
 on this subject. He was devotedly attached to I 
 the Union, and he endeavored most earnestly to 
 impress upon the minds of his countrymen the i| 
 means for its preservation. He said: ' ' 
 
 "This spirit of fanaticism aims openly and directly at i 
 destroying the existing relations between the races in the 
 southern section ; on which depends its peace, pro^iperity, ■ 
 and safety. To efiect this, exclusion from the Territories j 
 is an important step; and hence the union between the i 
 Abolitionists and the advocates of exclusion, to eliect ob- 
 jects so intimately connected. All this has brought about 
 a state of things hostile to the continuance of the Union, ' 
 unless timely prevented." 
 
 After speaking of the inadequacy of a restora- ; 
 tion of the Federal character of the Government I 
 to furnish a remedy, he continues: ! 
 
 "The nature of the disease is such that nothing can reach 
 it short of some oi-gaiiic change — a cliange whicli shall so 
 modify the Constitution as to give the weaker section a 
 negative on the action of the Government." 
 
 Sir, the deliberate opinions of this profound 
 thinker and wise statesman deserve something 
 more than a passing thought. Every day since 
 they were written their truth becomes more and 
 more evident. A few more years in the same 
 direction, and the " disease" of which bespeaks, 
 " unless timely prevented," will result in death 
 to the body politic. ' 
 
 Mr. Chairman, although the admission of Kan- 
 sas will not restore the equilibrium between sec- 
 tions, as before stated, our right decision of the 
 question is none the less important. Be the result 
 what it may, the vote will teach a most useful 
 lesson, and go far to establish the truth of the 
 position which I have assumed. I will not now 
 review the course of this and the previous Admin- 
 istrations, or theiragents, subsequent to the organ- 
 ization of this Territory, and preliminary to the 
 formation of the constitution which is here pre- 
 sented. Many things have been done which do 
 not meet my approval, and yet there is much to 
 deserve the approbation of the South. The main 
 factthatboth the present Administration and its 
 predecessor have unwaveringly supported the reg- 
 ular authorities of the Territory, and promptly 
 suppressed faction and rebellion — have interpreted 
 the Kansas-Nebraska act to mean that no power 
 less than the constitution-making power can per- 
 manently fix and regulate their domestic relations, 
 and thereby secured to the people of the South 
 the right to carry and hold their property in the 
 Territory — furnishes a good and sufficient reason 
 for me to have given and to continue my support. 
 Whilst, therefore, differing with the President in 
 his reasoning upon the propriety and necessity of 
 sUljmitting the constitution, or any part of it, to 
 the masses for ratification or rejection, I cheer- 
 
 fully accord to him patriotic motives, and fully 
 concur in the conclusion at which he arrived. 
 For the bold and manly tone of his last message, 
 the just sentiments, the clear and unequivocal 
 declarations of right, and the firm determination 
 avowed to maintain the act of the Lecompton con- 
 vention, he is justly entitled to the respect and 
 gratitude of all good men in the Union. Did the 
 same spirit animate the masses of our country- 
 men, the same opinions of, and regard for, con- 
 stitiitional law prevail throughout the North, the 
 dangers to which I have adverted would be long 
 postponed, if not entirely avoided. To accom- 
 plish this desirable end , a rapid and radical change 
 must take place in northern feeling and opinion. 
 
 Mr. Chairman, the gentleman from New York, 
 [Mr. Haskin,] who preceded me, is mistaken in 
 stating that the State of Alabama has passed reso- 
 lutions condemnatory of Mr. Buchanan. They 
 justly condemned the course pursued by Gov- 
 ernor Walker, but expressed confidence in the 
 President. His position, in his late message, has 
 vindicated the wisdom of that confidence. I am 
 truly sorry, that the gentleman and his associate 
 Democrats, who oppose the Lecompton constitu- 
 tion, have place^hemselvcs in the category with 
 Governor Wali|^, and have not verified a like 
 confidence expressed in their behalf by many in 
 the South. 
 
 Kansas stands knocking at the door for admis- 
 sion. Were her slaveholding policy fixed, her 
 entrance would not restore political equality to 
 the South. But this policy is by no means per- 
 manent. Yet, because her constitution recognizes 
 the right in her citizens to hold African slaves, so 
 inimical is the feeling among northern Representa- 
 tives to that institution, her admission is doubtful. 
 This reason controls the entire Republican party. 
 It is true, other grounds are also relied on; no 
 one doubts, however, the chief objection with that 
 party to be the slavery clause in her constitution. 
 A part of the northern Democratic Representa- 
 tives cooperate with the Republicans. They assert 
 themselves to b« influenced by aiiotlier considera- 
 tion; still they are found in aline with the enemy. 
 In this crisis it is deeply to be regretted that all 
 who do not make the slavery clause an objection 
 [ are not found acting together. The question of 
 submitting, by the convention, its work directly 
 j to the vote of the masses, is one only of expe- 
 diency, about which there may be legitimately 
 I difference of opinion. Its decision belongs to the 
 I people of the State, not to Congress. Our inquiry 
 extends only to whether the constitution be the 
 will of the people legally expressed; whether 
 i there are in the State the requisite number of in- 
 habitants, and whether the government is repub- 
 I lican in form. The fact that a majority of the 
 States admitted into the Union presented constitu- 
 tions which had not been submitted to the vote of 
 the masses, beyond all doubt settles the contro- 
 versy that, with this question, we have nothing 
 to do. To refuse a State ad mission for this cause 
 — to require compliance with such a demand as a 
 condition precedent to admission — would not be 
 leaving them " free to act in their own way," but 
 it would be the exercise of power not granted us 
 by the Federal Constitution, and certainly in the 
 very teeth of the act organizing the Territory. 
 
 Doubtless some confusion has arisen, from a 
 misapprehension in the public mind as to the 
 
n 
 
 force of the term the people when used in a polit- 
 ical sense. When it is declared to be the intent 
 of the Kansas act " to leave the people thereof 
 perfectly free to form and regulate their domestic 
 institutions in their own way," does the term 
 " people," here used, include all or a part of the 
 inhabitants; those acting without legal form, or in 
 accordance with law? Does leaving them "free 
 to act in their own way" contemplate or warrant 
 action in any si;iise, without legal forms? In. my 
 opinion, clearly not. It has been asserted that the 
 convention, although legally assembled, is not the 
 master but the servant of the people. Reference to 
 the Constitution of the United States, and many 
 of the State constitutions, satisfies me that botli 
 positions are false. A convention is neither the 
 master nor tlie servant of the people. It is the po- 
 tent voice of the people; or, to be more emphatic, 
 it is, in the highest legal and constitutional sense, 
 the people. " We, th&pcople, do ordain," is the 
 language of the Federal Constitution, spoken by 
 the Federal Convention which framed it. " We, 
 the people, do ordain," is the language of some 
 of the State conventions which ratified it. It was 
 not submitted to the masses of the Union, for, 
 constitutionally, there is no suApeople; nor was 
 it submitted to the mas.?es of a^^one State. Yet 
 the people both ordained and ratified it. What 
 people? A representative people, a people in the 
 republican sense of the term. Such is likewise 
 the fact in regard to many of the State constitu- 
 tions. The same term is used, " we, the people 
 of the State, do ordain, "and yet the constitutions 
 adopted were not submitted to popular suffrage. 
 Conventions assembled in accordance with law, 
 are the people in an organised capacity. Now, shall 
 we presume to violate the sovereignty of a State, 
 by polling her masses to ascertain whether the 
 voice spoken by her convention is the truly ex- 
 pressed will of the people? To do so, would be 
 to exercise arbitrary power. 
 
 The people of Kansas have, in accordance with 
 authorities duly constituted by Congress in the 
 organic act, in accordance with the laws of her 
 government, in conformity to the requirements 
 of the Federal Constitution, in a line with numer- 
 ous precedents of States of the Union, adopted for 
 themselves, in their own way, a constitution re- 
 publican in form. Shall we admit or reject her? 
 In my humble judgment there is not the shadow 
 of a sound reason for refusal. The Lecompton 
 convention was a political body, duly invested 
 with power to make and ordain a constitution. 
 The discretion to refer its work back to the masses 
 belonged to it exclusively. They saw proper to 
 submit the most material portion. All the bona 
 fide inhabitants qualified to vote were invited to 
 express their opinions by their votes. An elec- 
 tion was held, of which due notice was given, and 
 a large majority of those voting indorsed the por- 
 tion submitted. Those who refused to vote, ac- 
 cording to every sound principle of law, are pre- 
 sumed to acquiesce — are bound by the decision. 
 Otherwise, tliere is, through the ballot-box, no 
 safety to constitutional liberty. To delay ad- 
 mission, to require her to reconstruct her organic 
 law, will be to countenance a rebellious spirit in 
 her midst which has denied the authority of her 
 government from the beginning. The dividing 
 line in that Territory, truly says the President, is 
 " between those who are loyal to this govern- 
 
 I ment, and those who have endeavored to destroy 
 I its existence by force and by usurpation." 
 I The constitution presented is the expression 
 I of the sovereign will of the people wlio acknowl- 
 edge the authority of law. Those who voted 
 against it, under an unconstitutional act of the 
 Stanton Legislature,' were composed mostly of 
 those who have uniformly resisted regular author- 
 ity. To admit is to regard the will of the loyal 
 and law-abiding; to reject will promote rebellion. 
 ] If the Stanton Legislature had the legal right to 
 ; alter the requirements of the convention, it had the 
 I power to repeal the constitution. The assump- 
 tion of such a right reverses the whole theory of 
 our Government. Its action, under the circum- 
 stances, was of no more authority than any other 
 p«aceable assemblage of citizens; and the voice 
 of the people evoked cannot be regarded, because 
 they speak only through legal channels. 
 
 There is a manifest tendency in the public mind 
 to revolutionary ideas and doctrines. This grow- 
 ing impatience oC legal and constitutional re- 
 straints — tile thirst for something new and start- 
 ling — is an evil omen of the times. The rapid 
 progress of the spirit of change will, ere long, 
 unless counteracted, place our dearest rights at the 
 mercy of uncontrolled numerical majorities. The 
 prevalent idea that a mere majority can, at will, 
 assemble and change the organic law of a State, 
 and that no legitimate restraints can be imposed 
 upon their action, is at war with old republican 
 ideas, and will lead to popular despotism. An- 
 other distinguished son of South Carolina, Hugh 
 S. Legare, now no more, on this point has most 
 eloquently said: 
 
 " The rcslnitnts which inodorn society lia.s imposed upon 
 itself in the cxerci>ic ol" its sovereignty am chiIv an acknowl- 
 edgment of tile fallibiliiy of man. In our own republican 
 iii.siitutions thi.s self diuiial lius always struck nie as some- 
 thing suhlime. All ab-ohne pnwi-r, if allowi'd to act on 
 sudden impulses, will and must be tyrannical ; nor does it 
 signify in the least by what name it is calleil, except, per- 
 haps, that the galling severity of the bondage is in proportion 
 to the number of masters. In the true spirit of Christian 
 humilUy, the most sublime of all virtues, the people have 
 taken care that they shall not be led into temptation by that 
 omnipotence which God alone may not abuse, and reserv- 
 ing to themselves ultimately an absolute control over their 
 own destinies, have practically restrained the exercise of 
 their sovereignly, by withholding from their agents some of 
 its highest attributes." 
 
 Sir, I will not deny to the people their right, 
 when assembled in their sovereign capacity, to 
 modify and change their form of government. 
 This right, asserted in the Declaration of Independ- 
 ence, was stationed outside of constitutions as an 
 additional guard to the liberty, safety, and happi- 
 ness of the people. Hut as " all changes in the fun- 
 damental laws of a State, ought to be the work of 
 time, ample discussion, and reflection," it would 
 be much safer to confine its exercise within the 
 forms prescribed by the Constitution. For a gov- 
 ernment of a State to call into action the sover- 
 eign power, on ordinary occasions, contrary to a 
 prescribed rule by the people, to say the least, is 
 inexpedient. Such a procedure, in my judgment, 
 can only be justified by the highest public neces- 
 sity. I know that this responsibility has been 
 assumed by some of the Slate governnK^nts, and 
 in this maimer New York, Indiana, Maryland, 
 and others, have amended their constitutions, and 
 no immediate evil results have followed. 
 
 But the fact that in all the State constitutioVis 
 suards have been thrown around the amending 
 
Eowpr, requiring concurring votes of successive 
 legislatures, and in many cases a majority of two 
 thirds, and thereafter a ratification by the quali- 
 fied electors, shows the opinion of the people to 
 be adverse to sudden alterations, and that danger 
 was to be apprehended at this point. Mr. Chair- 
 man, in this age, the danger to liberty is not in 
 hampering majorities, but the opposite; not in 
 restraining public opinion, but in giving a loose 
 rein to its ebulitions and excesses. Sir, majorities 
 can always take care of themselves; Init private 
 interests and minority rights appeal to limitations 
 and restrictions upon power to protect them. The 
 more tardy the process, the tnore cumbrous the 
 machinery in effecting a change of the fundament- 
 al law, the greater the security to the citizen. 
 
 Objection is made by some to the admission of 
 Kansas, because, in the schedule attached to her 
 constitution, the Legislature is not authorized to 
 call a convention forpurposes of amendment until 
 after the year 1864. Now, sir, whatever may be 
 our individual opinions as to the wisdom and pro- 
 priety of this provision, I huinbly submit that 
 Congress has nothing to do with this question — 
 it belongs exclusively to the people of that State. 
 But do those who object, remember that Indiana 
 was admitted with a similar clausd in her consti- 
 tution, only the time-interdicting amendment v/as 
 twelve years — ^just double .that of Kansas. Who '' 
 objected to her admission upon this ground ! She 
 was a free State. No one in the North, so far as 
 I know, cared about the limitations which she im- 
 posed upon her gdvernment. But ihn force in the 
 objection, in the present case, may be found in 
 the fact that Kansas is a slaveholding State. In- 
 diana, notwithstanding the limitation, changed 
 herconstilution before the time fixed had expired. 
 Kansas, if she so desires, can do the same thing. 
 I do not say that it will be wise in her people to 
 do so. I believe it imprudent for any State to act 
 differently from the forms prescribed in her con- 
 stitution. But what is my opinion; what the 
 opinions of all the members of this House .' Has 
 not a State the power to pursue her own policy; 
 to carry out the wishes of her people " in her own 
 way?" This clause in the constitution of Kan- 
 sas does not change its republican form. We 
 are not permitted to look for any other objec- 
 tion. 
 
 Mr. Chairman, the State of Alabama, whose 
 people I have the honor in part to represent, by 
 the unanimous voice of her Legislature has, in 
 the event of the rejection of Kansas, authorized 
 a convention to be called to determine her' course 
 of action. Taking her position by the side of the 
 
 State of Georgia, " she will and ought to resist, 
 even (as a last resort) to a disruption of every tie 
 which binds her to the Union, any action of Con- 
 gress upon the subject of slavery in the District 
 of Columbia, or in places subject to the jurisdic- 
 tion of Congress, incompatible with the safety, 
 domestic tranquillity, the rights and honor of the 
 slave-holding States; or any act regulating the 
 slave trade between the slave-holding States; or 
 any refusal to admit as a State any Territory here- 
 after applying, because of the existence of slavery 
 therein; or any act prohibiting the introduction of 
 slavery into the Territories of Utah or New Mex- 
 ico; or any act repealing or materially modifying 
 the lav^s now in force for the recovery of fugitive 
 slaves." Sir, to her I owe my allegiance. What- 
 ever course she may in her wisdom pursue, as 
 one of her sons, bound to her by every tie, in weal 
 or in woe, I shall cling to her fortunes. 
 
 I will not disguise m)' feelings on this question. 
 It is indeed painful to me to contemplate the ne- 
 cessiiyWid upon my State to invoke her sovereign 
 power to resist aggression. Believing, as 1 sol- 
 emnly do, unless some constitutional check be 
 placed upon northern power — increasing daily in 
 numbers, and in Anaticism — the minority States 
 will be, at all timgs, liable to oppression, I heart- 
 ily concur in the resolutions adopted by her Le- 
 gislature. The time for action is at hand. Did I 
 not warn my people of the dangers which threaten 
 the overtlirow of their rights, I should not be a 
 faithful sentinel. That the deliberations of her 
 convention when called, may result in some plan 
 furnishing additional safeguards to liberty — pro- 
 tecting the rights of the South, without severing 
 the bonds which unite the States, is my most 
 earnest c£|S4re. To this end, limitations upon the< 
 powers oW?lie combined majority section are abso- 
 lutely indispensable. Those who profess to love 
 tiie Union " may cry peace, "at the passage of this 
 or that measure, " but there will be no peace;" 
 there will be, if I rightly comprehend the strength 
 and designs of the Black Republicans, no cessa- 
 tion of hostilities; no pause in the march of ag- 
 gression; no security for our rights, nor safety 
 to the country, until this end be attained. The 
 responsibility rests upon the majority section. 
 Consenting to this necessary check upon their 
 powers, they can restore harmony between the 
 two sections — they can dry up the bitter waters 
 of strife. Otherwise these dark waters will flow on 
 until all the feelings of friendship are poisoned; 
 all motives to union destroyed; and all the bless- 
 ings that we no%v enjoy in common so richly, for- 
 ever eng-ulfed. 
 
 Printed at tlie Congressional Globe Office. 
 
.1 
 
 592 . 
 

 
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