ME DOLLAR PER ANNUM INVARIABLY IN ADVANCE.
TOWANDA :
gljursibflt} fllominn, December 21,1857.
SPEECH OF
HON*. S. A. DOUGLAS,
In the Senate, Dec. 9, 1857.
On motion of Mr. DOCOI. AS. the Senate resumed the
of.r.M'ler.itien vf the motion made by him Yesterday, to
print the PreriJent'a me-sage and accouipiuiyiag docu
ments. with fifteen thousand extra copies.
Mr. DOUGLAS. Mr. President, when
yesterday the President's message was read at
the Clerk's desk, I heard it bat imperfectly,
ami I was of the impression that the President
of the United States had approved and en
dorsed the action of the Lecompton convention
in Kansas. Under that impression, I felt it
civ duty to state that, while i concurred in the
general views of the message, yet, so far us it
approved or endorsed the action of that con
vention, I entirely dissented from it, and would
avail myself of an early opportunity to state
nu reasons for my dissent. Upou a more
careful and critical examination of the mes
sage, I am rejoiced to find that the Presi
d .it of the United States has not recommend
ed t! at Congress shall pa<s a law to receive
K no.is into the Union under the constitution
firmed at Lecompton. It is true that the
t • ie of the message indicates a willingness 011
the part cf tiie President to sign any bill that
t gross may pass, if we shall see proper to
pi- one receiving Kansas into the Union un
der that constitution. But, sir, it is a fact of
great significance, and worthy of consideration,
taat the Prerideiit has refrained from any iu
iDrsemeut of the eon cut ion and troni any
recommendation as t-> the course C ingress
should pursue with regard to the constitution
there formed
Tiie message of the President has made an
argument —an unanswerable argument in my
opinion—against that constitution, which shows
clearly, whether intended to arrive at that re
< lit or not, that, consistently with his views
an 1 his principles, lie cannot accept that con
■■titutioti. lie he has expressed his deep mor
'. "cation and disappointment that tuc consti
tution itself has not been submitted to the
people of Kansas for their acceptance or rejec
t ea. He informs us that he has unqualitied
, expressed his opinions on that subject in his
v.ructions to Governor Walker, u.-outiling, as
!\ nutter of course, that the constitution was
tr he submitted to the people before it could
we any vitality or validity, lie goss fur
t.ior. and teil> us that the example set by Con
in the Minnesota case, by inserting a
t.• it: the enabling act requiring the cou
;\ou to be submitted to tne people, u-uiit
to become a uniform nt!e, not to be departed
f >in hereafter in any case. On these various
j- vpisitions I agree entirely with the Presi
.". '.i;e United and lam prepared
■ to sustain that uniform rule which he ask>
to pursue, in ail other cases, by taking the
M ->'a pro v.-ion as our example
I rejoice, on a careful perusal of the nies
tvre. t • find so much ies> to dissent from than
I was under the impression there was from
hasty reading and the imperfect hearing of
' - ~g- in the fir-t instuiKT i i effect,
-s the document to the Congress of the
ted States —as the Constitution of the
1" . States refers it—for us to decide upo.i
:u.i r . or responsibility. It i proper that
-. old have thn< referred it tons as a mat
" r C- v .!gres-iooal action, and not us no
Aha sTrution or Kxecntive measure, for the
- i- 3 tr. it tlie Constitution of the United
N '.."is - :v- tliat " Congress may admit new
vat - to the Union."' Ilence we find the
K j ie-tlon bi '• -- ii- now, not a* an ad
-tration measure, but as a measure cotulug
' re us as for our free notion, without any
' v v:' !i nd itiou or interference, directly or in
: ".e:ly, ly the A Inim-t at on now in jk>s
* .of the Federal tiovernmeut. Sir. 1
- 1 t v examine this qucstiou calmly and
: > -ee whether or n>c we can proiverly
: • e Kansas into tiie Union with the con
?'■ a fortneai at Lvcomptoti.
1 • President after expressing h s regret
t'• > :ideation and disappaint iient, that
-tiUKiott hal not Ix-cn submitted to tue
j ein pursoauce of hi* iifructions to Gov.
v'.ier and in pur-u in.-e of Governor W.!k
--i-*nrances to the jteOj!e. says, however,
a" 'j riie K uisas-Nebraska act the slavery
. i o: : 'y was required to ba referred to
p 1 'pie. and the remainder of the coustitu
vi- tth i* reoui etl to Lk> sub.initte l
'• <1 . i i i
- • - v.e-sges that, as a g\nera! ru'-*, on
- A -" i principles, th-* whole ceustitatio
i ... -u'cnitted ; but accord ng to h s uti
' - • gof the organic act of K t.;.- ts, there
••in :ratire obligation to tiie
7 . -t:on for their approval or di-xjv
T * ut no cb'ignt: >n *o sn'miit the enthr
: - 4 In other words, he regards the
a the Nebraska bi.'!. as havingoi '.de
l - fs "pi ai of the slavery cluu-e. a d jrovid
i sp-it wi of that question in a
~ d fferrnt from that in which other do
• * hval. as contrad -tinguished from
should be deckled ritr.
'"-'R lossy with profnmd respect for
' * - .ieutof the Un ted States, that I eon-
T et iat oo this point he he ho coraraittcl
; err\rr. an error whhrh lie* at the
•-" vn of his whole argument on this
yj •• r I can well under-laod how that dis
• ra - ,j statesman ca'oe to fall in*o this er
. n{ * ' n country at the time
bill was jm-red : be was not a
: 4 "ty to the cootroversr. and the discussion
j 4 "' "* place daring its passage. He was
.Id* the honor and the d'goitv
o-untry with great wisdom and distinc
jj V 1 * * foreign coort. Thus deeply engros>-
•L* 4 *koie energies were absorbed in con
,B - ?reat d pkvmatic qaestion* that d -
attenticn from the mere territorial
.Jt ? disenssions then goiu* on in
-bena* e the House of Represeotn
•>v." xj - the people at home. Under
be may well bare fallea
* " 9wd fjnd tmecTa.' git is
THE BRADFORD REPORTER.
in regard to the object of the Nebraska bill
aud the principles asserted in it.
The President, in bis message, has made a:i
unanswerable argument in fivor of the princi
ple which requires this question to be sent
back. It is stated in the message, with more
clearness and force than any language I can
command ; but I can draw your attention to
it aud refer you to the argument in the mes
sage, hoping that you will take it as a part of
my speech—as expressing my idea more forci
bly than I aiu able to express it. The Presi
dent suys that a question of great interest,
like the slavery question, cannot be fairly de
cided by a convention of delegates, for the rea
son that the delegates are elected in districts,
and in some districts a delegate is elected by
a small majority ; in others by an overwhelm
ing majority ; so that it often happens that a
majority of the delegates are one wav, while a
majority of the people are the other way ; and
therefore it would be unfair, and inconsistent
with the great principle of popular sovereign
ty, to allow a body of delegates, not represent
ing the popular voice, to establish domestic in
stitutions for the mass of the people. This is
the argumeut to show that yon cannot have a
fair and honest decision without submitting it
to the popular vote. The same argument is
conclusive with regard to slavery.
IJat, Mr. President, is estimated in the mes
sage that although it was an unfortunate cir
cumstances much to be regretted, that the
Leco npton convention did not submit the con
stitution to tiie people, yet perhaps it may be
treated as regular, because the convention
was called by a Territorial Legislature which
had been repeatedly recognized by the Con
gress of the United States as a legal body.—
1 beg Senators not to fall into an error as to
the President's meaning on this point. He
docs not say, lie does not mean, that thS con
vention had ever been recognized bv the Con
gress of the United States as legal or valid
On the contrary, he knows, as we here know,
that during the last Cougress 1 reported a bid
from the Committee on 011 Territories to au
thorize the people of Kansas to assemble and
form a coustitntion-for themselves. Subse
quently, the Senator from Georgia [Mr.
TOOMBS] brought forward a substitute for my
biii which, after having been uioditicd for him
and myself in consultation, was passed by the
Senate. Jt is known in the country as "the
Toombs bill.' It authorized the people of
Kansas Territory to assemble in convention
and tonu a constitution preparatory to their
admission into the Uniou as a State. Taat
bill, it is well known, was defeated in the
House of R preventatives. It matters not,
for the purpose of this argument, what was
tiie reason of its defeat. Whether the rea
son was a political one whether it had reference
to the then existing contest for the Presidency:
whether it was to keep open the slavery ques
tion ; whether it was a conviction that the bill
a mid not be carried out ; whether it was he-
cause there were not people euougii in K I?I
--sas to justify the formation ot a Slate : —no
matter what tiie reason was, the Hou*e of
Representatives refused to pass that bill, and
tliu- denied to tiie people of Kansas the
riaht to form a eoust tuiiun uud State govern
ment at tliis tin. 1 . S> far from tiie Congress
of t!c United States having sanctioned or te-
galized the eoovent'on which assenibb'd at L •-
ecuipton, .t expr --ly w.theld its assent. Tn •
i—cut ha* n-t been given, either in express
terms or by implication ; ami being withheld,
this Kansas constitution liasju-t *uch validity
an I ju*t such authority as the Territorial Le
gislature ot" K insas could impart to it without
the assent, aud iu opposition the known will,
of Congress.
No v, sir. let nc a-k what s the extent of
the authority of a Territorial Legislature a*
t> calling a constitutiona! con-'oniio > without
the asseut of Congress ? Fortunately this is
not a new question ; it does not i ow arise for
the first time. When the Topeka constitu
tion was presented to the S mute neariv two
iears ago, it was referred to the Committee
0:1 Territories, with a variety of measures re
lating to K insas Tne committ a made a full <
report upon the wliole subject. That report
reviewed all the irregular cases which had oc- '
earrcd iti history in the admission of uew
States. The committee went on the supped
tion that wlKMiercr Congress had pissed an
enabling A< t authorizing the people of a Ter
ritoiy to form a State Constitution, the eon-!
ventiou was regular, and p?**es*;?d all tiie au
thority which Congress had delegated to it :
but whenever Congress had faded or retused
to }a ss an enabling act, the proceeding was
irregular and void, unless vitality was impart
ed to it by a subsequent act t<>Co:i,gr --* adopt
ing and confirming it The friends of the To- ;
j>eka constitution n-i-'.cd that although th - r
proceedings were in . gular. there were not so
irregular ut that Congress coa! 1 cure the er
ror by ad sitting Kun*a* with that const.tu
tion. They cited a variety of cases, arav.g-:
others the Arkansas case. In my report,
sanctioned by every member of the Commit
tee on Territories. except the S.nator fro® j
Vermont, Mr. Col: aver* I r: view ed the
Arkr< is case a- well as tiie o'h-.r*. a id af
firmed tiie doctrine estabiisiied by Genera!
Jackson's admiuistration and enunciated in the
opinion of Mr. Attorney General Butler, a
part of which opinion was copied into the re
port and published to the country at the (
time. * * * * * *
Having thus shown that the contention at
I.ec* rapt ion had no power, uo authority to
form ami establish a government, but had
power to draft a petition, il it embodied the
will of the people of Kansas, ought to he taken j
as such an exposition of their will yet, if it
did not embody their will ought to be reject
ed — having shown tlies? facts, let roe proceed
and inquire what was the undemanding of
the ptopie of Kansas, when the delegates were
elected ? I understand, from the history of
the transaction, that the people who Toted for
delegates to the Lecomptou convention. and
those who refeed to vove—both partiw—un
derstood the Territorial act to mean that they
were elected only to frame a constitution, ad
sahas't it to the people for the*? rmtiScaUot <9*
rwjwtior I esy that bfth jwrri* : n Hmt Tcr
PUBLISHED EVERY THURSDAY AT TOWANDA, BRADFORD COUNTY, PA., BY E. O'MEARA GOODRICH.
ritory, at the same time of the election of del
egates, so understood the object of the conven
tion. Those who voted for delegates did so
with the understanding that that they had r.o
power to make a government, but only to
tVarae one for submission ; aud those who staid
awav did so with the same understanding.
Now for the evidence. The President of
the United States tells us, that he had une
quivocally expressed his opinions, in the form
of instructions to Governor Walker, assum ng
that the constitution was to be submitted to
the people for ratification. When we look in
to Governor Walker's letter of acceptance to ,
the offi.-e of Governor, we find that lie stated
expre.ssiv that he accepted it with the under
standing that the President and his whole Cab
inet concurred with him that the constitution,
when formed, was to be submitted to the peo
ple for ratification. Then look into the in
structions given by the President of the Uni
ted States, through Gen. Cass, the Secretary
of State, to Governor Walker, aud you there
find that the Governor is instructed to use the
military power to protect the polls when the ■
constitution shall be -übinitted to the people
of Kansas for their free acceptance or rejec-1
tion. Trace the lrstury a little further, aud
you will find that Governor Walker went to
Kansas and proclaimed, in his inaugural and
iii his speeches at Topeku. and elsewhere, that
it was the distinct understanding, not only of
himself, hut of those in higher power than him i
self—meaning the President and Ins Cabinet
—that tlie constitution was to be submitted to
the people for their free acceptance or rejec
tion, and th it lie would use all the power at
his command t defeat its acceptance by Con
gress, if it wore not thus submitted to the vote
of the people.
Mr President, I am not going to stop and j
inquire how far the Nebraska-bill, which said
the people should be left perfectly free to form '
their constitution for themselves. authoriz?the
President, or the Cabinet, or Governor Wal-1
ker, or any otiier territorial offi.er, to inter
fere and tell the convention of Kansas whether |
they should or should not submit the question
to trie people. I am not going to stop to in
quire how far they were authorized to do that, '
it being my opinion that the spirit of the Ne
braska bill required it to lie done. It is suffi
cient for ray purpose that the Administration
of the Federal Government unanimously, fliat
the administration of the territorial govern
ment, in all its parts, unanimously understood
the territorial law under which t ie convention i
was assembled to mean that the constitution j
t > be formed by that convention should be sab-!
milled to the people for ratification or reive- '
tion, and, if not confirmed by a majority of
the people, should be null and void, without !
coining TO Congress for approv
Not cn'y did ti.e National <_i jVe-n.mcnt ana
the territorial government so ind>r.-Ta id the |
law at the time, 1 at, as 1 have a'r a ly stated
the people of the Territory so underst >J it.—
As a further evid ace o i that point, a largo
number, if not a majority, of the delegates were j
instructed in the Humiliating conventions to
*ut mit ti.e eons'i atiuii to the people forrutifi
cation. 1 know that the d!• gate- !r mDoug
las county, eight in number, .Mr. Calh->un, prv<-
id- nt of '.lie en. n'ioi:, be g among theui.
were not only ustructeJ tiiuj to ?u :.i t the
question, but t'i y -ia.io-i and p'lbi!- 1 •d, while
candidates, a writicu pledge that they would
submit t t> the people for ratification. I
know that men. h g'> in authority and in the
confidence of tuc territorial and National Gov
ernment, eanvas-ed every part of Kansa* dur
' ikjt the election of delegates, and each of then
pledged themselves to the people that no snap
judgment was to be taken : tost tfie consti
t tut.o.i was to Ijc rubuiittcd to the people for
acceptance or rejection : that it would he void
nui*.-- that it was done ; that the A huiu'.stra
tioii would spurn and -corn it a- a vl 'ation of
tiie pr.:.vipic> on which it came into |>.nrer,
and that ■ Democratic Congress would hurl it
from their presence as an in-ult to Democrats
who s*o>>d j iedged to see tne ]x-opie itit free lo
fo. ai tiit.i' uonies'ic institutions for ti. 'tis Ives,
j Not only that, sir, but up to the time wh-n
the convention assembled, on the I-: •*' sv*p
! tember, so far as I can learn, it was trader-to 1
everywhere lout tiie constitution was to lie suir
mitu-d for ratification or reject.on. Tney met,
i however; ou the 1-t of scjk®brr, and aqjouru- (
.ed r.nti! after the October election. I think it
was wise a d fwnliiit that they -bou! i iiave
;id" UTitd. They wk did wish to bring a ijquil
i tioa into that election w.ik-h would d vide the
Democratic party, and weaken our < h;uic- s or
success in the elect on. I wa- rejoiced when I
saw that they did adjourn, so us not to show
their hand on any question that would divide
and distract the pirtv until after the election. ,
During that recess, wii.lv the coiiviiiinii w.i
alourned, Governor Ransom the Democratic
. candidate for CuMttli. run"c.g aga:n-t the j
present delegate faun tfint Territory, was can
vassing i very part of K e.*t* in f-tvor of the
. doctrine of sub in tting the eon-: Tution to the
iKople. declaring that the Democratic party
were in favor of such suhfii.sston, and lis u it
was a slander of the 1>! u-k Republicans to imi
tate tiie charge that tire Democratic party did
not intend To carry out that pledge in good
faith. Tims, up to the time of tne meeting of I
the convention, in October last, the pretense
. wa* kept up. tiie profession was openly made.
. aad bcheTed by me, and, 1 th xigiit believed >v
them, that tiie convention intended to submit
a constitution totlic people.and did not attempt
to put a government in operation without such ]
submission. Tue election being ewer, the Deia
. ocratic party being defeated by an overwhelm
! ing vote, the Oppositiou having triumphed,
' and got }x?-sessioii of both branches of the Le
gislature, and having Heeled their territora!
IVlcgate. tiie contentiou asscmided, and tbea
proceeded to complete their work.
Now let us stop to inquire bow they redeem
ed the pledge to submit the constitution to the
1 people They 6rst go on and make a consti
tiitioo. Then tbey make a scbedtde. io which
ther provide that the ooasUtotion, oo the a Ist
of December —tne present month— shall be
submitted to all the 4o*a fM inhabitants of
! the Territory oo that day, for their free ac
rr hs
" REGARDLESS OF DT HUNCIATIOIT T .OM ANY QUARTER."
to wit : —thus acknowledging that they were
bound to submit it to the will of the people,
conceding that they had no right to put it in
to operation without submitting it to the peo
ple, providing in the instrument that it should
take effect from and after the date of its rati
fication, and not before ; showing that the
i constitution derives its vitality, in their esti
mation, not from the authority of the conven
tion, but from that vote of the people to which
it was to be submitted for their free accep
tance or rejection. llow is it to be submit
ted '! It shall be submitted in this form :
i " Constitution with slavery or constitution
with no slavery." All men must vote for the
constitution, whether they like it or not, in or
der to be permitted to vote for or against sla
very. Thus a constitution made by a conven
tion that had authority to assemble and peti
tion for a redress of grievances, but not to es
tablish u government—a constitution made un
der a pledge of honor that it should be sub- \
milted to the people before it took effect ; a
i constitution which provides, on its face, that j
it shall have no validity except what It derives j
from such submission—is submitted to the peo- j
pie at an election where all men are at liber-1
ty to come forward freely without hiuderauce j
and vote for it, but no man is permitted to re j
cord a vote against it.
That would lie as fair an election ns some
of the enemies of X;i|>o!eoii attributed to him
when he was elected first Consul. He is said
to have called out his troops and had them
reviewed by his officers with a speech, patriot
ic and tair in its professions, in which he said
to them : " Now, my soldiers, you are to go
to the election aud vote freely ju-t as you please.
If you vote for Na{oieou, all is well ; vote
against him, and you are to be instantly shot."
That was a fair election. [Lausrhter.j This
election is to be equals fair. All men in fa
vor of the constitution may vote for it—all
niei! against it slia.l not vote at all Why
uot let them vote against it ? I presume you
have asked many a man this question. I have
asked a very large number of the gentlemen
wiio framed the constitution, quite a number
of delegates, and a still larger number of per
sons who are their friends, aud I have receiv
ed the same auswer from every one of them.
1 never received any other answer, and I pre
sume we never shall get any other answer.—
What is that ? They say if they allowed a
negative vote the cou-titutiou would have
been voted down by an overwhelming majori
ty, and heuce the fellows shall not be allow
ed to vote at all. Laughter.]
Mr. President, that may be true. It is no
part of my purpose to deny tiie projiosition
that that co istitution would have been voted
down if submitted to the people. I believe it
would hare been voted down by a majority of
four to one. iam informed by men well post
ed there—Democrat;—that it would be voted
d >w!i by t n to one ; some say by twenty to one.
But is it a good reason why you should de
clare it in force, without being submitted to
the people, merely because it would have been
voted down bv five to one if vou had submit-
t-.'u it ? What does tiiat fact prove ? Daes
it not show imd.uiably that AW overwhelming
majority of t i;e ]>eopie of K .nsas are unaltera
bly oppose Ito that constitution ? Will vou
force it on them agaiii>t their will simply be
cause they would have voted it down if you
had consulted them ? If you will, are you go
ing to force it upon them under the plea of
leaving them perfectly free to form and regu
late their domestic institutions in their own
way : I- that the mode in which lam called
u;>on to carry out tiie principle of self-govern
ment and popular sovereignty in the Territo
ries—to force a const.:t.ou oa the people
against tiK-ir will, in opposition to their pro
test, with a knowledge of the fact, and then
to assign, as a reason for my tyranny, that
they would be so ohstwiate and so jiervcrse a
to vote down the constitution if I had given
them an opjiortunity to lee consulted about it?
ST, 1 deny your right or mine to inquire of
these people what tiieir objections to that con
stitutiou are. Thev have a right to judge for
themselves whether thev Ike or dislike it. It
is no answer to teii me luat the constitution i
a good one a.iJ uno'>i-ct'.onub!e. It is not
>at:sfa.*tory to me to have tbe President say
in his message thnt t:e constitution is an ad
mirable one, hkc aii the constitutions of the
isew states that have been recently formed.—
Whether good or bad., whether obnoxious or
n i- none of sny LU-.M-> and none of yours
It is their bu-.'n- and not ours. 1 care no:
what tin j have in their constitution. so that
it - liis them u i do -s not violate the Consti
tution of the United States and thflfllidiaii
tal principles of liberty up >u which our ii-sii
tirtitni rest. I am not going to argue tin*
■ueMabO whether the banking system estab
lished in that constitution is wise or unwise.
It .-ays there shah lie no monopolies, but there
-ball lie oi ' bank of discou\t in the state,
with two bra-v-hes Ail I have to say on that
point i-. if they want a banking system let
them have it ; if they do not want it let them
i • .iMt it Ji they want a bank with two
branches, bo it so ; .f they want twenty it is
iK'iie of my bns;...-s>. and it matters not to tu
whether one of them shall be on theaortli -Ue
and the other on the south side of the Kaw
nver. or where they shall be.
While I have uo rigut to expect to be con
sulted on that point. I do hold thai tlie
pie of Kan? s Lave the right to be consulted
and to decide it, and you have no rightful au
thority to deprive them of that rrivilese It
is DO justification, in my raird. to say that the
provisions for the eligibility tor the offices of
Governor and Lieutenant Governor require
twenty years" citizenship in the United States.
If men think that BO person should vote or
hold office until he has been here twenty years
they have a right to think so ; and if a ma
jority of the people of Kansas thick that i>o
man cf foreign birth should vote or held office
unless be has lived there twenty years, it is
their right to say so, and I haTe no right to
interfere with them . it it their bo*iu>ss. not
mine ; 'oat if I Hved there 1 should not be wil
ling to have that provision in the constitution
without befog heard opoa the subject, and i%
bswad 'o record -**• poet***
I have nothing to say about their system of
taxation, IN which they have gone back and
resorted to the old exploded system that we
tried in Illinois, but abandoned because we
did uot like it. If they wish to try it and get
tired of it and abandon it, be it so ; but if I
were a citizen of Kansas I would profit by the
j experience of Illinois on thai subject, and de
I feat it if I could. Yet I have no objection to
their baring it if they want it ; it is their bu
siness, not mine.
So it is in regard to the free negroes. They
provide that 110 free negro shall be permitted
to live in Kansas. % I suppose they have a
right to say so if they choose ; but if I lived
there I should want to vote on that question.
We, in Iliiuois, provide that no more shall
come there. We say to the other States,
" Take care of your own free negroes and we
will take care of ours." But we do not say '
that the negroes now there shall not be per
mitted to live in Illinois ; and I think the peo- '
pie of Kansas ought to have the right to say i
whether they will allow them to live there, 1
and if they are uot going to do so, how tLey
are to dispose of them.
So you may go 011 with all the different
clauses of the constitution. They may be all
right ; they may be all wrong. That is A
question on which my opinion is worth noth
ing. The opinion of the wise aud patriotic
Chief Magistrate of the United States is nut
worth anything as against that of the people j
of Kansas, for they have a right to judge for i
themselves ; and neither Presidents, nor Sena
tors, nor House of Representatives, nor any
other power outride of Kansas, has a right to
judge for them. Hence it is no justification,
111 my mind, for the violation of a great princi- j
pie of self-government, to say that the consti
tution you are forcing on them is not particu-j
larly obnoxious, or is excellent in its provisions.
Perhaps, sir, the same thing might be said
of the celebrated Topeka constitution. I do
nut recollect it= peculiar provisions. I KNOW .
one thing : we Democrats, we Nebraska rneu,
would not even look into it to see what its
provisions were. Why ? Because we said it
was made by a political party, and not by the
people ; that it was made in defiance of the
authority of Congress ; that if it was as pare j
as the Bible, as holy as the ten command
ments, yet we would not touch it uutil it was
submitted to aud ratia L d by the people of Kau-,
sas, in pursuance of the forms of law. Per- j
haps that Topeka but for the
mode of making it, would have been unexcep
tionable. Ido not know ; I do not care.—
You have no right to force au unexceptiona
ble constitution on a people. It does not initi-,
gate the evil, it does not diminish the insult,
it does not ameliorate the wrong, t.iatyouare
forcing a good thing on them lam not wil
ling to be forced to do that which I would do
if I were left free to judge and act for myself.
Hence I assert that there is no justification t
to be made for this flagrant violation of popu
lar rights in Kansas, on the piea that the con- !
stitution which they have made is uot particu-.
lariv obnoxious. i
but, sir, tne President of the United States
is really and sincerely of the opinion that the
slavery clause has been fairly and impartially
submitted to the free acceptance or rejection
of the people of Kansas and that, inasmuch
as that was the exciting and paramouut ques
tion, if they get the right to vote as they please- 1
on that subject they ought to be .-atisfied j j
and possibly it might be better if we would
accept it. and put an end to the question.—
Let me ask, sir, is the slavery clause fairly
submitted, so that the people cau vote for or
ag iiust it ? suppose I w ere a citizen of Kan
sas, and should go up to the poll* and say,
'■ I desire to vote to make Kansas a Slave
State : here is my ballot."' Tbey reply to m*
•' Mr. Dougla<, just rote for that constitution j
first, if you please." " Ob, no I" I answer,
I cannot vote for that constitution conscii-n- ;
tiously. lam opposed to the clause by which .
you locate certain railroads in such away a
to sacrifice uiy county and my part of the ;
State. lam opposed to that banking system, j
1 am opposed to this Know Nothing or Anaeri- j
can clause in the couatituticu about tiie qua i- ,
hcation for office. I cannot vote for it '* —
Then they answer, " You shall not rote on j
making it a slave State.'' I thtn say, ** J [
want to make it a free State." They reply, j
•• Vote for that constitution first, and then you I
can vote to make it a free State ; otherwise !
you cannot." Thus ti.tr disqualify every free-
State man who w:il not first vote for the Con- j
.-titutkui : tiiey disqualify every slave-State
man who will not first vote for the constito- >
lion. No matter whether or not the voters;
-ia'.e that they cannot conscicntioGsly vote for
those provision?, thev reply. •' You cannot
vote for or against slavery here. Take the I
constitution as we have made it, take the dec- j
live franchise as we have established it, take j
the banking ;y-tera as we have dictated it,
take the railroad Sines as we have ioeated
them, take the judiciary system as we have
formed it. t >ke it all as we bate fixed it to
-uit and a-k no qoesrions, bnt vote .
for it, or you -has! not vote either for a slave ;
or free t??ate." In oth.r word*, tbe legal ef
fect of the schedule is this : all those who are
ir. favor of this constitution may vo*e for or
against dxverv, as tbey pleas? ; bat ail those j
who are n-t this constitution are disfran- '
chised. and shall not vote at all. That L the
ra-xle in which the slavery proposition is sab- J
mitred. Every man opposed to the constitu
tkm is di>. r raa-; .-cd ou the slavery clause ,
How many are they ? Tr.-y tell you there is
a major: y for they say the constitution will
be voted down instantly, by an overwhelming
majority, if you allow a negative vote. This
shows that a are against it. They
disqualify and dNfranchi.*" every roan who is
agaiust it, thus referring th* slavery ciursM? to
a in nority of the people of Kansas, and leav
ing that minority free to vote for or against j
the sfaTejr clause. as tbey ch<r**.
Let me ask you if that is a fair mode of j
submitting tbe slavery dan* T Does that mode
of submitting that particular clause leave tbe
people perfectly free to vote for or against i
slavery as they choose ? Am I free to vote
as I cWt cz '%r '•* yra * c V
VOL. XVIII. —KO. 29.
me I shall not vote ou it until 1 vote for the
Mnioe tiquor law ? Ami free to vote ou tb
; slavery question, if you tell ine that I shall not
vote eilbei way until I vote for a bank ? Is
! it freedom of election to make joar right to
vo'e upon one question depend UJK)I the in ode
in which you ere going to rote on some other
question which has no connection with it ? is
that freedotn of election ? Is that the great
fundamental principle of self-government, for
which we combined and struggled, in this bo
dy and throughout the country, to establish
as the rule of actiott in ail time to come ?
The President of the United States has
made some remarks in bia message which it
strikes me it would be very appropriate to read
in this connection, lie says :
" The friend* and supporter* of the Xetrraska and Kaa -
cos act, when -tru/giwg on a recetrt occasion to sustain
ita wise provision* before the great tribunal of the Ameri
can people. never differed about its true meaning 0.1 this
subject. Everywhere throughout tbe Union they public
ly pledged their faith and honor that they would cheer
fully submit the qaeation of slavery to the decision of tha
txm'u fidt pe-ple of Kansas, witbu&t any restriction or
qualification whatever. All were cordially united upon
the great doctrine of popular aove eignty, which is lbs
vital principle of oar free institutions."
Mark this :
'• Hati it tben been icinnted, from anj ooarter, that
it would have been a euflkient compliance with the requi
sition!! of the organic law for the mein!er of a onreii
tiun, thereafter to be fleeted, to withhold the question of
slavery fr jtn the people, and to substitute their own wIU
for that of a legal!* ascertained majority of their con
stituents, this would hare been instantly rejected."
Yes. sir, and I will add further, bad it beeu
then intimated from any quarter, and believed
by the Americau people, that we would hare
submitted the slavery dense iu Mich a manner
as to compel a inau to vote for that which hi*
conscience did not approve, in order to vote oo
the slavery clause, not only would the idea
have been rejected, but the Democratic candi
date for the Presidency would haTe been re
jected ; and every mnu who backed him would
have been rejected too.
The President tells us in hi* message that
the whole party pledge our faith and our hon
or that the slavery question shonld be submit
ted to the people, without auy restriction or
qualification whatever. Does this schedule sub
mit it without qualification 7 it qualifies it by
saying, " Yon may vote for the constitution ;
but you shall not "do so without doing that."—
That is a *ery important qualification—a qual
ification that controls a man's vote and bis ac
tion and his conscience, if he is sn honest man
—a qualification confessedly in violation of oar
platform. We are tofd by the President that
our faith and oar honor are pledged that the
slavery clause should be submitted without
qualification of any kind whatever ; and no#
aui I to be called upon to forfeit my faith and
ray honor in order to enable a small minority
of the peopie of Kansas to defraud the major
ity of that people out of their elective fran
chise 7 Sir. my honor is pledged ; and befora
it shall be tarnished, I will take whatever cou
sequeuccs p rcna! to myself that may come ;
but never a-k ine do an act which the Pres
ident, in bis message, has said is a forfeiture of
faith, a violation of honor, aud that merely for
the expediency of saving the party, I will go
as far as any of you to save the party. I have
as much heart in the great cause that binds as
together as n party as any man living. I will
sacrifice anything hort of principle and honor
for the peace of ihe parly ; but if the party
will not stand by its principles, its faith, its
pledgee. I will stand there, and abide whatev
er consequences may result from the position.
left me a<k you. why force this constitution
down the throats of the people of Kansas, ia
opposition to their wishes aud in violation of
our pledge* What great object is to be at
tained ? Cvi bc-*o ? What are you to gain
by it ? Will you sn-tain the party by violat
ing its principles? Do yoa propose to keep
tbe party united by forcing a division 7 Stand
by tbe doc-rioe that leaves the peop'e perfect
ly free to form and regulate their institution*
for themselves in th*ir way, and your party
wii! be united and irres : table in |>owcr. —
Abandon that great principle, and the party
is not worth saving, and cannot be saved, af
ter it shall be violated. I trust we are not
to Ire rushed upon this question. Why shall
it be done 7 Who is to be ben-Sted 7 Is the
South to be the gainer ? Is the North to be
the gainer 7 Neither 'be North nor tbe South
has the right to gain a sectional advantage by
trickerv.
But I ata le seecbed to wait until 1 hear
from the election oc the 21st of December. I
am told thst perhaps ibst will pot it all right,
and will save the whole difficulty. How can
it? Perhaf* there may be a large rote
There may b? a large rote returned. [Laugh
ter Bat I dei.y that it is possible to have
a fair vote on the slavery claase ; and 1 aay
that it is not impossible to have any rote on
the con-titution Why wait for the mockery
of an election when it is provided unalterably
v.ut the people canco; vote —when the majori
ty are disfranchised
But I am told on all sides. " Oh. just wait;
the pro -lavery clause w=.U be voted down."—
That does not obviate any of my objections ;
it docs not diminish any of them. You bare
no more right to force a fn-e Spate constitu
tion on Ransas than a constitution.
If Kansas wants a slave-State constitution she
has a right to it : if slie wants a free-State
co istimtson .-he has a right to it. It is none
of rot buvne-s which war the slarery clause
i< decided I care rot whether it is voted
down or voted np Do you suppose, after the
pledge- of my Wkw that I won id go for that
principle and Dave the people to vote as they
choiee, tha; I would &<w degrade mjvli by
rot ;l on* way if the slarery clause be voto*
dow o, and another way if it be voted np * J
core not bow (bat rote may stand, i -V it
for era a ted that it will be voted oot, 1 think
I have seen enough in the last lure# days to
maite it certain that it wilt be returned out,
no matter bow the rote stood [Laugh
ter .)
Sr. I am opposed to thot eooceru because
It looks to me I ke a system of trickery oms
jugglery to defeat the fair expression of the
wl. of the people. There is no iierumity foc
crowd'Bg this measure, co unfair, so unjuet no
j. !; ?-• t asp t*, rrrz oy ctr