The press. (Philadelphia [Pa.]) 1857-1880, December 12, 1857, Image 1

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- e,'stro eelif th:thto'gether-qp - of the Olub.. , .
'115"! reetoutatoriiie'resioeste4 *act ea Airoi!ti - roi
- , Ilia WareCylavea: ',.„ :. ,
TO THE TNBLie,, , -
Iltront the in:nuenee patronage beito'ned upon Bee
itOti'a Tovieo OALT;t110. taid of the ast;i4lo Okhis
,beettlCd fo boileve tbat higpoeti9il adietijiemooto hive
unli44l 'roar, 04-bas'eeiteltidid„to,,
his Many ; readers it poem snore: Worthy pf caraftd
than any oi'Lls fortuar efforts` TIM poiai
be leagthy t and will be ,contlauWl 3,1 A. week potil Objeit4M4 alior n up, .aido slde t
Flare, ,ittiotblng to wear, ,, and Idt
'l'eton 904 with *Wog told ; and its doingthis; the
unthor, in ti e lulu* .hf.the Immortal Shaltspoire,'
„, „ ,
would fai— ,
• ichnok here upon this picture and , on this."
A poetlial liwyer, in Idinhatten Cite,
tins given" the publq a pliant or ditty,
Iu *bitty:Mb eatlrleal tatignmerefived, '"
With ettnewchiesa and caching:to act as abettors, ' •
Heepreadm btble,rWere n Coast for the mind, , , • ,
Bye prellaredlathe,kimbettaf
In feet, on Pesuloti,li lance he has tilted,
-Against a- fair maiden hy"Whom ho was plied ; ' •
MIR Flora kleriludef, of Madison Square, -
A lady of feettion who'd nothing to wear,, '
knbw that a lawyer Is fatnowtfor teat, .
le =Lettere of, fancy she Matteis or feet ;
And,"lttereforeourpeet that In Malting e,pien-, •
• Where he both them:angel and Went =tot be,'
Defending himself, every word be nay utter,
I (queidloned, would load to an inquest rebutter.
'Yea. If the opponentagainst him arrayed, ,
Unmehorded'in late, Was a matron or maid; ,
Though clad in an motor cejorAtee oak - truth, -
Appareled ht,ralment,of messy ; , foratmilt, ;
tie Would may,lo thejnige, to .the jury;dielare
The woman opposimf hos uotting to wear. ,, •
-The atorythatiteld , datanpoemordilly,
By the lawyer and poet of Illanhattatt City, -
lehallbptpreteudltt t jttlfuUnee}totyll,'..-
inotgliw you the gitit;settiiht from the shell - . 7
There lived a young lady in Madison Square,
Mite FlOraMore the fair: •
The maids, bad pride,end. atill.botter bylar, ,
A' net au Itidalgent, a Boating pope;-
A Man aboln youth one fortuno was beakt,'
And loaned outlets cash ate hundred per cent (=,
Until the AnenabilomancaS ba bia •
Medi the aggregate euttiof hie estrange and eavlngs;
A round half a million, and than ho retired
For his tireelth, and abeantiful daughter.; admired -
. Smiled an by.the woctieti,andlattered by "mini •
He hamtpAtbe list of the growl apps r, ten 1 , 1
Now Flora, his damtbfer, was handsome and gay; , •
'And couteMie hio dropped In her hearing one day,, , -
Th 6 slmpleremarki from an tingearded 'tongue, .
In the forcible language of G 4 it tattle young)
Yaw FlOml wan young. and her fattier was old;_ - _ •
. She wad heir to him coScre or
• And she idea hexed -' twai n pity, Mack
- That money get neer `As Evil Onei: ;
Would go uo4arlebt—itertniitter•oluire It would go.—;
• e a e feati that all of tut know.,• ,
BO the maiden determined herself she would blest,
By being„theleatter of fashion ated dries; • 1,
And (sopa/thin:AlM 'with her friend, lire: Varese , „.
She took sundry tripe to the city of Pacts. "
,her regal ragellei Thelleerahe mkt aeon,
Norio took her for less than an empress or queen.
Whatever Abe MO - , If ltannimarted a Itintosts,
Wee purelnwed;no matter ',bat price the bestowed;
If cir a mAntle;:or, bonnet itt -
Thcla te st , :•!lt ititketi that were eureteherallai
A ad gazing she pnrehased, and buylog did gsze,.
Determined thatnothlng,to plume or amete
Shanld'be iiitharcityof Paris; ea:Met - he ' -
Could,drowon the hanker, herlather,""and
Would honor, the drafts p( his deAllitt, the
Mho; floribtclrliemei of Itadlionk re. ""'•
At hitt wlttiher Mutes - to *elate of fraitloii;"'''' -
She bade an mom to her frlextdaytholitridene, •
And taking eteanter—X thin* 'tele the Areger.
llirought home ber, o ltertaaa. the bulls et theasup-1'
[To Be '
And the author would respectfully salt his readent to
'kee(i - th64-iptiat, nod also to keepig iimindihkeßnoltv
still entitlotteito cell restilcrnableitaidy:lfidiOlothfail#
attha leiwestliriceS; it 141'ov/se itittf, githeitth B.
zzi,- "Stallf.clavr &rimer, Viatile"aide,` , bettipen
s aiia-sixth iteteti. = • • . "
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the deist!" -1042NTEhi Inc,ille-, "Wei Dte9 rrtt'
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CheaUemen "re invite,* to..e4l_lthe exteeloh;,t
octiel•eni , aka
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~Iftn,,lo# AlAtla thtit Ibis fitinunthi atorY or
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VOL. 1 1- -NO: 'll4.
ZATURDAt, ,DEOkiAIZR. 12, 18b7.
' "Msgazthes and RtilelOWs have ttrriVed at the
dignity:Of going almost' neeessiries of (mental)
life. ' Newspapers rnit into' polities, itito:the
;eventa and Objeete of daily' eilsiertee, but' the
trientbli Inagazine,e'r thequarbnly review SUP
pileathOulud,i/lit literature in Its moat popu 7
lar feina,Bere, chiefly supplied by Mri W. B:
Zrpnr:l4 of.SoutlrThint Street, 'who seems to
have theageney ibr almOst every thing in that
line, lye have a great manYperiodleale on our
4004 Now anti then; our, attentive friend,
Cit:Lanza, earner 'of Third and Walnut,
hands 11f1 . 11 Oagasine r • Occasionally, too,Mr.
4.-Purunaort sends us something in this
way. We mention..them thus collectively,.
'manse we have been unable to remember
particularly from whom we have received each
Scoilic Co., of New York, who
reprint the'four great British Quarterlies, and
publish a fae-simile edition of Blackwood, at
lam thadathird of the English suhapription,
have lately published new, numbers of the
Westminster, the Quarterly, and North British,
and Edinburgh Reviews-Lextreme liberal, tory,
and , whig organs, - in politics and literature.
The most, notieeable article in the Westmin
"der is - that tilion Female Dress in 1857;"
written with as much force as satire, and a
dreadfal LW of indictment , against ,the fair
and ,fashionable From his minute ac
quaintance with the materials and variety of
costume, one might imagine the writer to be
a man-milliner—a sort of well-instructed Man-
tiliol—but then; the literary composition is so
,good thatiorni but, a practised Writer could
have written it. Perhaps two'hands were en
gaged in it 7 Rumor hints at Mr. Gnaw., the
'hietorhin of Greece, and his wife, who is a
bas bleu.
fifth or sixth Year, it appears neces
sary, M the eyes of the Edinburgh Review, to
open with an article upon llscos. In the new
number, there is •such an .article, based upon
'SPEDDINIi'II new edition of the works of him
who,.wisdescribeil,hy'Posc as—.
"IViseat, grootOat, meant of mankind."
.ono thing is singular in this criticism—
nantely; , its &Voidance of the ordinary error of
'speaking - of , Lord BACON. There never was
sitelt"a persenjer 'such a:peerage, FRANCIS
'BICOn was 'cieated. Baron William and yli
colinkAt. Albans, but,never was Baron BACON.'
Even MACAVLAY.himseIf, who is very particu
lar on Comparativelptrifling points, invariably
ei Lord BACON." TIIOTO are some
other articles of interest here—one upon the
.Scottish Highlands is able, though sketchy,
: and the paper on .the' Indian Mutiny is ex
;timely good. r
In the Quurtei,ly Riviete,by far the best aril
"cle is upon "The Pariah Priest," the more
elabolate working -out of an idea started in the
• retrospective introduction to MACAULAY'S
Miltory,of England. Other readable papers
here aro those upon Cornwall, Dr. ARNOLD of
Rugby, the- Venetian Embassy -to JAMES 1.,
'and G EOR OE Srpriansosr, the father of Railroad
travelling. :. , Por a long time, there has not
bean any number of the Qiiarter/Yhalf as good
as this.. the North British Review, which bad
'been'snapebdiA In the early part of 'the year,
and teas, very , acceptable to a large portion of
the coon:ability, as representing 'the opinions
of that branch of the Church of Scotland with
veld& the late Dr. CoriLmons was long ?den
tided, lens-lately resumed, and the second
number (for , :November ) which Messrs.
iSaorr,,, haver just issued, shows not only
acute"- and ''' vigorous criticism, but a re
'tern, bi ' the. ,souild , principles which ede
ma* characterized it.: Opening with a full
atiil - ;)tnit review of At.r.sotr, as a historian,
it4Lsetisses,Oenests sed_Science, Lurrarit.'s
J)lary, saottiih Metaphysicians, Slavery and
- . '.§,Atatea, - (i,teniperate article,) Joffe
Irlsorarealiteinoirs, BRRATtedity as Tolitician
and- 'Poet, and,. early and' recent navels in
Arabia and Palestiee. • In the 'Slavery 'article,
lila prophesied that the census, of 1860 " will
tai alter the Position ofNorth and South, of
pree Stateimukfillave Statea, 'that the election
of snanti-slavery President, In 1861', may be
I,'ilekoned Sintipt ituniebable." ,UnfortUuately
-fordiris 4heorY, iht, Plesideolial election will
take place in 1860, before the, reviewer's Its
-os4ea t,0,0.3 , c,an 'c'Perate•
i.; :re -.shidl .. have the December number of
, 19tfsekwoosi's Magazine in,afew 'days; arid may
, ,Sitgapishile say that the story nailed ",Jeilet'a
Momitahee,"-inst coucluded in this periodi
#l, is'onw Of, the:Most touching' and pathetic
we .linve ' ield', 'for—we .knolv , not how. long:
Phemile'.alisss 4
° graphic account of a paisage
serosiMiellt i pintis,Of Tamale, and a further
dieinalion. o .filliitar3'),education in England.
A New :itirit,Pisplicatitin; called The Young
Miefa,Mngisaittli'',whielt, ye receive through.
Mr./o„sit.t.tencal occasionally contains good
"ytketintigh. its general 'tone Is to heavy
Indeltdactio.:, In the 'neve,Ouniber there is a
, capital ;paper op; e_c. Our -Motels," in which,
.ht_dMi*er s , the 'tare' IA "piled up" a little too
-iiirring; , of P.iiittv, the Arctic
`NavigeterAl icririailable. It opens well :
''..:On it .bririrend beitintfal 'day,* few summers
it'64,skimis cat ints 7 on board 'ono of the stesmtMats
whloh ottr#_peraengeill between' London rind a
isalltdownmaterieg-place near the mouth of: the
TiMilnelf• • A's,. th e vessel proceeded' rapidly up the
-firer w e're!, sucideuly , mapped lb order to receive
ale}' a' bast *blob came alongside
.frbiLt i he Ilboie.: AV' IMO' party came on board,
eyi tlir conelstini"of persons of ' refinement and
~attiOLV ThienWits a lady,'accompanied by several
rieglatarpiAne of the , - latter more thin thirteen
tam o r and Glair male'compinion seemed to
:the these - happy girls , t.ho now
,orepeo ' , to lilt side and'imon played on tin debit
aegba MO. ', • - ' , 3 '.• ' . , .. ~ : ' "
.-"Thtt gentlemen's - appearance. at ,
once arrested I
my ,attentiott„ltior stature was as lolly. as hir
fr- 1140, *4 4 ,1fe11 - /iel,t . .nuit massive: . his' eye WAS
nObt; yet Oahe; - his gray hair was half concealed
"Is an nadress navel:cap, and over a long blue coat
, linet,alrapPed Piece/Cape. The whisper went round
among: the' c ipatimegers that this was Sir Edward
Perjy,,tbe' overaor Of Greenwich' Hospital. - 818
panieitadimen familiar to was agreat Arctic die.
rescoreyeit i nce oblleboopt days, and we felt deeply
tattle( lifthilyersonuel of one so distinguished.
( g talksMany, whose reel self, as to outward aspect
_;" iii"-"Mayoklngly inferior' to the Ideal with
-Whielliti admiring fancy had Invested them, here
=iiint-enoWho, "thee& holed ' somewhat with
;vAncliiimODS!tutllMillesiTet could not fail' to
eto as!" tusinrauce ot a man" We (Multi well
_twenty - or thirty years to what he was
' en, , picetly, and, totelleotually, and; recognise
site; • ittenliwially,fitted . by,Proyldenoe fora
PM., . rile . demanding inflexible 'deehtion,
lisr , . plea id the fade of obstacles,
~i: , " iiiii of - Mittiptiod hardships.'
, Id 0 , - naked' ittbst gentle face now thougnt
. f , , • <, , • Illumined - by the' smile of affection
,_, . !UrbINVIIVIV swept past the no-,
1 11 411 A a asylum ,of Greenwich h o spital, and
' flints slitiv,:at 'is , sigttil hoisted. belie off a gig
/lby-Thitish-bitte-jnekets, who, iii - his own
"istiat,reelirreyed tbefievernoronabore. "Newatched
Vim isitite &Scandal lonian stern of Ilse boat, and
'=" tdoltillirsiiit:4-Itsvanten , grit and list glimpse of
ose of Eagiend'sgreatest sons. '
. ,"elfeci,:MXlLVot , , the - Presbyterian Quarterly
'lir PAlt.
V:). I
,iir r Stag
oiit I*
SA Ask
• .tytia,
tfOoinhitshe4 hi rblytdpipbta;operis With
o;pso,l, l lil.nit 49111 i Wimeurri 'and Wl' Times,
which, without ramiing into 'Mfeestilie length
ItritbMonsanto(' may fairly be, said alma to
- - eifigtei tho'imbitict - Loolchtg upon WIORLIFFEI
'ititheitddoffincil l nOttiot Of,',the Reformation,
01,4testi La:gm has ger.Mially'Obtained
,jbe credit , ,OrJ4 the !notary' or. the man cannot
be unimportant. The paper on the Settlement
'Of ltdryinuil fails into the error of , being too
4),:itecleetsial.' There loan able and ingenious
dittensaion On tho Wiled or 'Deacon,: gore is
'litii , pni:eittin; relating t 6 thd. burden'ef secular
• • t. -
bitiiinesithictird . nPon _Uhrslau ,
,mitiletc,rs of
Al denominations : , , , , , ‘ , .
..". 4 gni groai .b m e rien of raiSlog funds thr the
'building' of chus, for .the sweetie° and, 'aby
sm/oft of epilogs" and sobOols, and for the extension
' of ibletspollittpigsn'eountlits, is 'cot upon the
ministers" of the`land, not tolmeution the many
instance. in *Met in all our denominations, they
are eonstralned,,,thatthey might not static, to
-raise theli'sofn Wiriest. We speak here caps.
eisity,ttitengh hot ,exelusivelY," of pastors. Not
0 11 1 .71 1 1 11 (1 11 4304 to. plead the cause of , benevolenoe
' ittlbe vulva—Ude te: legAt t irelititt-they are else
stakekcipon to _Mints personal applications for
mousy to Sally en the Ohnreh's work, This labor
is excetticlltillion (4 the extetit and !wealth
et a postoi.steon~lest. , Mnay!' Inloister hag
rpentlatil Initditys, Win* he ne eded for payee
wig sbsfOlifryllog Rola dot* to!door seeking e on
tAbalti4ll torti s a t n .. of i.p. p .,
•ssd , his , ,no
_lto "der ' Ole • p F.,
wV, ~, , clalithiot votausu
TA eidor;: When' IVOljurell is to be
0, fee t ' hi is . implif4o4 tO fake Ocoblor
41:11!E -..-
part in the work of raising money to liquidate
Ito cost or if his Church is on , debt the
I larger share of the burden, incident upon its re
moval, is thrown upon him. 'lt is his Church ;
be is its :minister; he la :to live , by It; let
him see to its freedom from embarrassment.' If a
ohm& is In debt, alhorisand mileato the south or
west, his le applied to, and an hour Uf hitibest work
ing:day IS consumed in' listening tO'Cre tale of, its
high importance to Prritostantism!or tO.Presbyte
,l rianistu ; yea, even to thei country4t, large, He
Muld aid in U . M
endowment of colleges, in the Pur
chase of soholarships, and spend a morning in
troduoing an agent to this and that 'prominent
member of his Church. lie Must employ his pri
vate influenee onl behalf of some "ptitr"scbeme of a
prominent minister, and thus rob blaireart and his
head of prayer and mental application, which
neither himself nor Ids people popld afferd"to lose.
Ile must occupy his precious niomiinta in solicit
ing subscriptions fo newspaper, derriagasine, or re
view, on the ground of Its great importance to the
interests of the Church and soolity, or. it may be,
even of the American Union. He must consume
his time in reading some unimportant book, with
a view" to its introduction into the fon:Mimi of his
flock. Ile must be bead and chief of every great
and generous financial movement on behalf of
Bible, Tract, Sunday-sohool, ,Missionary, Protest
ant, Educational, and such other :moieties. So far
from being a caricature, this desoription scarcely
neither; the true delineation of the demands which
are made upon our clergy, in relation 'to the col=
looting of funds for literary, ecoletlastioal, and
otherwise charitable purposes. A pastor, indeed,
Is scarcely safe from intrusion during one entire
hour of the working day, and the sanctity of tho
Sabbath even Is not always auffrolout Warder ap
plicants from approaching him on "the subjeot of,
One of the best-conducted and Useful works
in this country is FnEEUAN lIILST'S Merchants'
Magazine. It has. stood the test of nearly
twenty years'. competition, and continues at
the head of its class: . Not only in this colin
try, but all over Europe; its' ;rain is recognis
ed. The statistics of trade, commerce, mi
ning, and manufactures which it concentrates
and contains .are it .thO 'utmost value. `Mr.
MINT exchanges, we believe, with half the
newspapefs in' the' Union, and the smallest
fact, connected with the avowed purpose of
his work, contained in them, is made use of by
him, and handed down in a pernianent form.
In tke December number, just received by Mi.
ZIEBER, the opening article, 'e On the Panic
and Financial Crisis of 1857," is written by Mr.
E. C. SEAMAN, of Michigan. It is a full and
lucid exposition of causes and effects, and con
eludes, hopefully, with expressing a belief that
the country will soon recover from the effects
of the late revulsion.
. .
We have seen two numbers of to The Indian
Empire Illustrated," written by MONTGOMERY
IdAnine, the: historian 1 . ;) r the British Colonies,
profusely embellished. with maps and first
class engravings, and - published by the Len
ders Printing and Publishing Company, who
(as we learn from an advertisement in our own
columns) have Mr. REED, of 218 'Walnut
street, as their agent here. There are three
large steel engravings in each number—any
one• of those we have seen being worth the
es,quarter "'charged for the whole. Mr. MAR
via, who has lived in India, is as well quali
fied as any man now living to give a faithful
and graphic account of British India.
Of the Bankers' Magazine, published in
New York, we have received only the num
ber for NoveMber. It contains a great deal
of well.digested information. Tho opening
article, on the . HistOrY of the Post Office, is
the best•on that subject we ever read.
A fortnight ago, we received the December
number of The Atlantic Monthly, a new maga
zine published at Boston.- 'We have delayed
noticing it, _because it is not pleasant to
speak disparagingly of a new undertaking.
Butt, as the truth must Out, we take it in hand,
even now. It bias the negative merit of not
containing any 'thing so indifferent as the
rhymed platitudes, in the November number,
by R. IV. Ent:am:ix, entitled "Brahma,"
which, if the sublime were to be found in the
obscure—and then only—may be a stupendous
poem. " The-Battle-of-Lepautch't attributed
to W. H. PaEsoorr ; the conclusion 'Of
Mr. lilonxi7S "Florentine Mosaics," Dr.
0. W. Houses! amusing "Autocrat of
the Breakfast Table,". (winding up 'with a
chanson a boiro converted into a temperance,
hymn,) and • et Our ' Birds and their Ways"
would do credit to any, periodical. There; our
praise must end... The paper • upon ei Robin
Hood" is so superficial that It might have been
compiled in a folVhburs by 110 ordinary writer.
The article on-T/10116a Caatur, by an ardent
hero-worshipper, contains many words,; but
tells nothing. In the first number of the At
lantic Monthly, a single sentence in a prose
essay, attributed to PARKE GODWIN, indicated
that Abolitionism would be the hobby of the
now Magazine. 'Mr. Gonwlit Is a man of more'
ability than jedgthent. It is' scarcely doubt
ful that his introduction and strong , ad
imcaey of extreme sectional politics was
the principal cause of the decline and
fall of Putnam's Magazine. He is fol
lowing the same track in the Atlantic
Monthly, which is now irretrievably committed
to the stockholders of the,Underground Rail-
His article " Where ;will it end ?" may
be answered—in breaking lip the Atlantic
Monthly.' His violent attack on the South,
however, is , so extravagant that even HENRY
WAan BEECHER himself intuit have shrugged
his shoulders and litted-up his eyebrows when
he read it. What can be thought of a writer
who seriously states, and expects to be be
lieved, that "the ruling influence of the na
tion" (as he calls the South) is represented by
is not much more thin fifty thousand voting
men ?" We turn to another point. Boston
has been described as a nest of singing.birds,
and undoubtedly a good deal of readable verses
have thence come to us. In the Atlantic Month
ly, however, instead of the free and giishing
spirit which (to use Bvnou's words) "wreaks it
' self into expression," commonly called Poetry,
'we have mannerism, affectation of singularity,
andprose hroltennp into lines to looklike verse.
Here, for instance, in a piece called "The
Wind :and, the Stream," we have each verse
, ending with such a refrain as—
That winding stream,
A pretty stream, a placid stream,
A softlyfgllding, bashful stream,"
and so on through five verses. AL the end of
each, new varieties of adjectives are appended
to the'utifortunato I( stream," which, at last, is
properly described as
"That littfo stream,
The cheated stream, the hopeless stream,
The evor-mutmering-ttsoeting'stream."
In another lyric, occupying over two pages,
and entitled , « Skipper Ireson's Ride," there
19 a eonstantly.recurring refrain, (tagged to
each verse,) this ;
"here's Plod Oiroon, fur ' hlo horrd horrt,
Torr'd an'Sathored on' oorr'd in a corn
By the4dlnen htorble'ea3.'•'•-•
Is This to pass current for Poetry'?-.What is
it but the commonest prose, declaring that
Old, Floyd ireson for his hard heart, was
tarred.end feathered and carried on a cart by
the women of Afarbiebetid ? Neither in the
deed, nor In the words which 'chroOlcle it, is
there any thing poetical, Even this isnot so
bad as cc The Golden Mile-stone," a page of ;
prose so„heavy that the corimOsitor, to make
it look light, broke it up into something like
blank verse. What, but the merest prose, is
'this :
"By the fireside there are youthful dreamers,
building castles fair with stately stairways, asking
blindly of the future what it eannot give them."
" Each man's chimney is his golden mile•sione
is the central point from which be measures every
distance through the gateways of the world
around: him"
Or, this closing sentence :
" We may build more splendid het:it/01mA flu our
rooms with paintings and with sculptures, but we
cannot buy with gold the old ambeiatiens."
Last, but not least in estimation, is the time
honored Knicktrbockek, the oldest of Ame
rican monthlies, which, every now anti then,
quaffs off the Elixir Vibe (there is * fountain
'of it - ,,rit.'„Plerinent), ;and
,thus preSitves,per
petnal youth. We dread to thinli ;whit will
become of the Knieiyrberfeer, whoa Its pope:
far. editor g shit files or this *mortal 'coll."
For, LEwts Gavr.anti Citsast is the maga
zine. His lialter's Time is more - generally
read, and more genially enjoyed, we venture to
say,llupi , any .021 quantity of print In any
other periodical. .Ife is gay- and theughtrul
as . ever, tfds roonlk--rfon,q4 anti wisdom often
togetber—and inmaking up his mind, no
doubt, for a great spring, in January, when be
;letttr coMmerite stiervvolinno. —
Defence of Popular Sovereignty and
The Will of the Majority.
On motion of Mr. DOUGLAS, the Senate resumed
the oonsideiation of the motion made by him yes
terday; to print the President's Message and RO
oompanyingdoeumentm, with fifteen thousand extra
Mr. DOUGLAS. Mr. President, when yesterday
the President's Message Was read at the clerk's
desk, I heard it but impetfootly, and I was of the
iinprehlow that the President of the United States
bad approved and endorsed the action of the Le
compton Convention in Kansas. Under that im
pression, I felt it my dutyto state that, while I
comma in the general views of the Message, yet
so far as it approved or endorsed thp action of that
Cenvention,l entirely dissented from It, and would
avail myself of an early opportunity to state my
reasons for my dissent. Upon a more careful and
critical examination of the Message I am rejoiced
to And that the President of the United States hos
not recommended that Congress shall pass a law
to receive Kansas into the Union under the Con
stitution formed at Locompiton. It is true that the
tone Or the Mosul° indicates a willingness on
the part of. the President to sign a bill if we
shall see proper to pass ono receiving Kansas
into, the Union under thht Constitution. But,
sir, it is a foot of groat significance ' and worthy
, of consideration, that the President toes refrained
from the endorsement of the Convention, and from
-any recommendation as , to' the -consio Congress
should pursue with regard to the Constitution
there formed.
The 'message of the 'President has made an ar
gument—an unanswerable argument in,my opinion
—against that Constitution, which shows clearly,
Whether intended to arrive at that result or not,
that, consistently with his views and prinoiples,
ho cannot acoept that COnstitution. Ho has ex
pressed his deep mortification and disappointment,
that the Constitution itself has not been submit
ted to the people of Kansas fur their acceptance
or rejection. lie informs us that he hes unquali
fiedly expressed his opinions on that subject in his
instruetions to Governor Walker, assuming, as a
otter of course, that the Constitution was to be
submitted to the people before it could have any
vitality or validity Ho goes further, and tolls us
that the example sot by Congress in the Minnesota
ease, by inserting a clause in the enabling act
requiring the Constitution to bo submitted to the
people, ought to become a uniform rule, not to be
departed from hereafter in any ease. On these
various propositions I agree entirely with the
'President of the United States, and I am pre
pared now to sustain that uniform rule which he
asks us to pursue, in all other cases, by taking the
Minnesota provision as our example.
I rejoice, on a careful perusal of the message, to
find so much loss to dissent from than I was under
the impression there was, from the hasty reading
and imperfect hearing of the message In the first
instance. In effeot, ho refers that document to
the Congress of the United States—as the Consti
tution of the United States refers it--for us to de
cide upon it under our responsibility It is proper
that ho should have thus referred it to us as a
matter for Congressional action, and not no an Ad
ministration or Execbtive measure, for the reason
that the Censtitution of the United States says
that " congress may admit now States into the
Union." Hence we And the Kansas question be
fore us new, not as an Administration measure,
not as an Executive measure, but as a measure
owning before us for our free action, without any
recommendation or interference, directly or bid'.
reetly, by the Administration now in possession of
the Federal Government. Sir, I propose to ex
amine this question calmly and fairly, to see
whether or not wo can properly receive Kansas
Into the Union with the, Constitution formed at
The .President, after expressing his regret and
mortification and disappointment, that the Consti
tution had not been submitted to the people, in
pursuance of his instructions to Governor Walker,
and in pursuance of Governor Walker's assurances
to the people, says, however, that by the Kansas-
Nebraska act the slavery question only was re•
quired to be referred to the people, and the re
mainder of the Constitution was not thus required
to he submitted. Ile acknowledges that, as a
general ride, on general principles, the whole
Constitution should - be submitted ; but according
to his understanding of the organic not of Kansas,
there was an imperative obligation to submit the
slavery question, to their approval or disapproval,
butts° obligation to submit the entire Constitution.
In .other , words, he regards the organic act, the
Nebraska bill, as having made an exception of the
slavery,olause, and provided for the disposition of
that question in a mode different from that In
which other domestic or local. es contradistin
gaished from Federal questions, should be decided.
hir, permit me to say, with profound respect for
the President of the United States, that I conceive
that on this point be has committed a fundamental
error, an error which lies at the foundation of his
whole argument on this matter.
Icon well understand how that distinguished
statesman came to fall into this error. tie woe not
in the country at the time the Nebraska bill was
passed; ho was net a party to the controversy, and
the discussion that took plane during itspassage.
Ile was then representing the honor and dignity of
the country with greet wisdom and distinction at a
foreign court. Thee deeply engrossed, his whole
energies were absorbed in conducting great diplo
matic questions that diverted his attention from the
mere territorial questions and discussions then
going on in the Senate end House of Represents.
tires, and before the people at home, Under these
circumstances he may well have fallen into an
error, radical and fundamental as it is, in regard
to the object of the Nebraska bill and the principle
asserted In it.
Now, sir, what was the prtnetple enunciated by
the authors and supporters of that bill when it was
brought forward? Did we not come before the
oonntry anti say that we repealed the Missouri
,restriction for the purpose of substituting and
carrying out as a general rule the great prinoiple
of self-government, which left the people of each
State and each Territory free to form and regulate
their domestic institutiens in their own way, sub
ject only to the Constitution of tha United States ?
In support of that proposition it was argued here,
and I have argued It wherever I have spoken, in
various States of the Union. at home and abroad,
everywhere I have endeavored to prove that there
was no reason why an exception should be made
in regard to the slavery question. I have appealed
to the people if we did not all agree, men of all
parties, that all other local and domestic ques
tions should be submitted to the people. I said
to them, " We agree that the people Shall decide
for themselves what kind of ajudiciary system
they will have; we agree that the people shall
decide what kind of a school system they will
establish ; we agree that the people shall de
termine for themeolves what kind of a banking
system they will have, or whether they will lave
any banks at all; we egree that the people may
decide for themselves what shall be the elective
franoldee in their respective States; they alien de
cide for themselves what Anil be the rule of taxa
tion and the principles upon which their finance
shall be regulated ; we agree that they may decide
for themselves the relations between husband and
wife, parent and child, guardian and ward ; and
why should we not, then, allow them to deoide for
themselves the retations'between master and ser
vant? Why make an exception of the slavery
question by taking it out of that great rule of eelf
government which applies to all the other relations
of life." The very first proposition in the Ne
braska bill woe to show that the Missouri re
striction, prohibiting the people from deciding
the slavery queetion for themselves, , constitu
ted an exception to a general rule, in viola
tion of the principle of self-government, and
hence, that that exception should be repealed,
and the slavery question, like all other ques
tions, submitted to the people, to be decided for
Sir, that was the principle on which the Ne
braska bill Woe defended by Its friends. Instead
of making the slavery question an exception, it
removed an odious exception which before existed.
Its whole object was to abolish that odious excep
tion, and make the rule general, universal In its
application to all matters which were twat and
domestio, and not national or federal. For title
reason was the language employed which the Pro.
sident has quoted, that the eighth section of the
Missouri net, commonly called the Missouri Corn
Proloim,•wfullepeeled because it was repugnant ti
the principle of non-intervention established by
the compromise measures of 1850, "it being no,
true intent and meaning of this act not to legislate
slavery into any Territory or State, nor to exclude
it therefrom, but to leave the people thereof per.
feetly free to form and regulate their domestic in
stitutions In their own way, subject only to the
Constitution of the United 'States." We ropealid
the Missouri reetriotion because that was Oonfined
to slavery., That sittut"the" only exception thqre
.was to the general principle of solf.governmedt.
That exception was • taken away for the avowed
and express purpose ,of making the rule of self
government general and universal, co that the
people shonld form and regulate all their dinuestio
institutions in their own way,
Sir, what would this boasted principle of popular
sovereignty have been worth, if it applied only to
the negro and did not extend to the white man ?
Doyen think we could have aroused the sympathies
and thepatriotism of this broad Republic, and
have parried the Presidential election last year in
the face of a tremendous opposition, on the princi
ple of extendingthe right of self-government to the
negro question, but denying It en to all the relations
affecting white men? No, sir We aroused the
patriotism of the country and carried the election
in defence of that great principle, which allowed
all white MD to form and regulate their domestic
institutions to suit themselves--Institutions appli
(table to white men as well as to black men—Nati
tntions applicable to freemen as well as to slaves—
institutions concerning all the relations of life, and
not the mere paltry exception of the slavery ques
tion. Sir, I have spent too much etrongth,
and health, too, to establish this great prin.
oiplo in the popular heart, now to see it frit
tered away by bringing it down to en exception
that applies to the negro, and does not extend to the
benefit of the white man. As I said before, I can
well imagine how the distinguished and eminent
patriot and statesman now at the head of the filo
vernment fell into the error—for error it is, rattiest
fundamental—and, if persevered In, subversive of
that platform upon which he was elevated to the
Presideney of the United Staten.
Then, If the President be right in saying that,
by the Nebraska bill, the slavery question must
be submitted to the people, if follows Inevitably
-that every other clause of the Constitution must
also be submitted to the people. The Nebraska
bill said that the people should be left " perfectly
free to form and regulate their domestic Institu
tions in their own way '—not the slavery question,
not the Maine liquor law question, not the banking
queition, not the school question, not the railroad
question, but " their domestic institutions"—
messing each and all the questions which• are
local, nett national, state, not federal. I arrite
at them:inclusion that the prinelples enunciated so
baldly, and enforced with so mueh ability by the
President of the United States, require us, out of
respect to him and the platform on which he was
sleeted, to Nand this whole question tack to the
people of Kansas, and enable thew to say whether
or not the Constitution addax has been framed,
each and every olause of it, moats their approba
The President,' in his message, has made en un
answerable argument in favor of the principle
which requires this question to be rent back. It
is stated in the message, with mere clearness and
force than any language which I can command;
hut I can draw your attention to it, and refer you
to the argument in the massage, hoping that you
will take it as a part of my speech—as expressing
my idea more forcibly than I em able to express
it. The President says that a question of great in
terest, like the slavery question, cannot be fairly
decided 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 overwhelming ma
jority ; 80' that it often happens that a majority
of the delegates are one way while a majority of
the people are the other way; and therefore it
would be unfair, and inconsistent with the groat
principle of popular sovereignty, to allow a body
of delegates, not representing the popular voioe, to
establish domestic institutions for the mass of the
people. This is the President's argument to show
that you cannot have a fair and honest decision
without submitting it to the popular vote. The
same argument is conclusive with regard to every
other question aa.well as with regard to slavery.
But, Mr. President, it is intimated in the mes
sage, that although it was an unfortunate eircum•
stance, much to he regretted, that the Lecompton
Convention did not submit the Constitution to the
bpeople, yet perhaps it may be treated as regular,
ecause the Convention was called by a Territorial
Legislature, whirls had been repeatedly recognised
by the Congiess , of the United States as a legal
body. I beg Senators not,to full into an error as
to the President's meaning on this point Hs does
not say, he does not mean, that this Convention
had over been recognised by the Congress of the
United States as,logal or valid. On the contrary,
ho knows, as we here know, that during the last
Congress 1 repelled a bill from the Committee on
Territories, to authorize the people of Kansas to
assemble and form a Constitution for themselves.
Subsequently, the Senator from Georgia (Mr.
Toombs) brought forward a substitute for my bill,
which, after having been modified by him and I
myself in consultation, was passed by the Senate.
It ie known in the country as the Toombs bill."
It authorized the people of Kansas Territory to
assemble iu Convention and form a Constitution
preparatory to their admission into the Union as
a State.
That bill, it 10 well known, was defeated in the
liouse'of Repiesentatives. It matters not, for the
purpose of this argument, what was the reason of
its defeat. Whether tho reason was a political
one ; whether it had reference to the then existing
contest for the Presidency; whether it was to keep
open the slavery question; whether it was a con
viction that the bill would not be fairly carried
out; whether it was because there was not people
enough in Kansas to justify the formation of a
Steto ;—no matter what the reason was, the House
of Representatives refused to pass that bill, and
thus denied to the people of Kansas the right to
form a Constitution and State Government at this
time. So far from the Congress of the United
States having sanctioned or legalised the Conven
tion which assembled at Locompton, it expressly
withhold its assent. The assent has not been
given, either In express terms or by implication ;
and, being withheld, this Kansas Constitution has
just each validity d jest snob authority as the
Territorial Legislature of Kansas could impart to
it•without the assent, and in opposition to the
known will of Congress. Now, sir, let me ask
wont is the extent of the authority of a Territorial
Legislature ay to calling a Constitutional Conven
tion without the assent of Congress?
Fortunately, this is not a now question ; it does
not now arise for the drat time. When the Topeka
Constitution was presented to the Senate nearly
two years ago, it was referred to the Committee on
Territories, with a variety of measures relating to
Kansas. The committee made a full report upon
the whole subject. That report reviewed all the
irregular aims which had occurred In our history
in the admission of now States. The committee
went on the supposition, that whenever Congress
bad passed an enabling art authorizing the people
of a Territory to form a State Constitution, the
Convention was regular, and possessed all the
authority which Congress had delegated to it,
but whenever Congress had failed or refused to
pass en enabling act, the proceeding was irregular
and void, unless vitality was imparted to it by a
subsequent Oct of Congress adopting and con
firming it.
The friends of the Topeka Constitution insisted
that although their proceedings wets irregular,
they were not so irregular but that Conereas could
ours the error by edmitting.Kansae with that Con
stitution. They cited a variety of oases—amongst
others the Arkansas came. In my report, sanctioned
by every member of the Committee on Territories,
except the Senator from Vermont, (Mr. Collamer,)
I reviewed the Arkansas) ease as well as the others.
and affirmed the doctrine established by General
Jackson's Administration, and eennelaled in the
opinion of. Mr. Attorney General .Butler, a part
of which opinion was copied into the report and
published to the country at the time. Now, sir,
to order entertain what we understood en the
12th of &arch, 1856—littlemose than a year and
shalt ago—to be the true doetrind a this-paint,
let me call your Attention to the opinion of Mr.
Butler in the Arkansas ease. The Governor of
the Territory of Arkansas sent a priuted address
to President. Jackson, in which he stated that he
had been urged to call together the Legislature of
the Territory of Arkansas, for the purpose of al
lowing them to call a Convention to form a Consti
tution, preparatory to their admission Into the
Union as a, State, The Governor stated that, In
his opinion, the Legislature had no power to call
such a Convention without the assent of Congress
bad first boon obtained, but he asked in , truetions
on that point. The President referred the case to
the Secretary of State. and lie risked for the ad
vice of the Attorney General, whose opinion tree
given, and adopted us the plan of Fiction, and com
municated to the Governor of Arkansas for hie in
struction. I will read some °streets from that
Consequently it is not In the power of the
General Assembly of Arkansas to pass any law for
the purpose of electing members to form a Coned
bitten and State Government, or to do any other
act, directly or indirectly, to create such new Go
vernment. Every finch law, even though it were
approved by the Governor of the Territory, would
he null and void. If passed by theta, notwith
standing his veto, by a vote of two-thirds of each
branch, it would still be equally void.
,s If I em right in the foregoing opinion, it will
then follow that the count(' of the Governor, in
declining to call together the Territorial Legie
biter° for the purpose in question, was such as
his legal duties required: and that the views he
has expressed in his public address, and also in
his official communication to yourself, so far as
they indicate an intention not to aanetion or
concur in any , legislative or other proceedings
towards the formation of a State Government
until Congress shall have authorized it, are also
That is what I have understood to be the Bottled
doctrine as to the authority of a Territorial Legis
lature to call a Convention without the consent of
Congress first had and obtained. The reasoning
is very clear and palpable. A Territorial Legisiii
tore possesses whatever power its organic act gives
it, and no more. The organic act of Arkansas pro
vided that the legislative power should be restart
in the Territorial Legislature, the same as the or
genie art of Kenna provides that the legislative
power and authority shall be vested in the Legis
lature. But what is the extent of that legislative
power 1 It Is to legislate for that Territory under
the organic act, and in obedience to it. It does
not include any power to subvert thd organic net
under which it was brought Into existence. It
has the power to protect it, the lower to execute
it,,the power to marry it into effect; but it has no
power to subvert, pone to destroy; and hence that
Power can only be obtained by applying to Con
greats, the same authority which created the Ter
ritory itself. But while the Attorney General de
cided, with the apprbbation of the Administration
of General Jackson, that the Territorial Legisla
ture had no power to call a Convention, and that
its action was void if it did, lie wont further
"No law has yot been passed by Congress which
either expressly or implicitly gives to the people
of Arkansas the authority to form a State Govern
Nor has there been any in regard to Kansas.
The two oases aro alike thus far. They are alike
in all particulars so far as this question involving
the. legality, and the validity of the Leeouipton
Convention is concerned. The opinion goes' on to
For the moons above stated. I von, therefore,
of opinion that the inhabitants of that Territory
have pot at present, and that they cannot, acquire
otherwise than by not of Congress, the right - to
form such a Government."
•. ,General Jaeksoae Administration took the
ground that the people of Arkansas, by the au
plturityof the Territorial Legislature, had not the
power to hold a Convention to form a Constitution,
tind could not aoquire It from any souroo whatever
except from Congress., While, therefore, the
legislative cot of Arkansas was held to be veld, so
far as it mourned authority to authorize the calling
of a Convention to form a Constitution, yM they
did not bold, in those dap, that the peopletcould'
not assemble and frame a Conatitution in tilt form
of a petition. I will read the rest of the opinion,
in order that the Senate may understand precisely
what was the doctrine on this subject at that day,
and what the Committee on Territories understood
to be the doctrine on this subject in March, 1855,
when we put forth the Kansas report as embody
ing what we Nebraska men understood to be our
dootrine at that time. Here it is. This we espied
into that report:
• ‘. But I am not prepared to say that all proceed
ings on this subject, on the part of the citizens of
Arkansaa, will bo Illegal They undoubtedly
possess the ordinary privileges and immunities of
citizens of the United States. Among these is
the right to assemble and petition the Govern
ment for the redress of grievances. In the
exercise of this right, the inhabitants of Arkansas
may peaceably meet together in primary assem
blies, or in Conventions chosen by such assem
blies, for the purpose of petitioning Congress to
abrogate the Territorial Government, and to ad•
mit them into the Union as an independent State.
The particular form which they may give to their
petition cannot be material, so long as they con
fine themselves to the mere right of petitioning
and conduct all their proceedings in a peace
able manner. And as the power of , Con
grees over the whole subject le plenary and un
therefore, the citizens of Arkansas think proper to
accompany their petition with a written Cotiatitu
tion, framed and agreed on by their primary as
emablim, or by a Convention of delegatea chosen
by such assemblies, I perceive no legal objection
to their power to do se, nor to any Meetnirea which
may bo taken to collect Clemons of the people in
respect to it: provided always, that such measures
be commenced and prosecuted in a peaceable man
ner, in atriot subordination to the Waling Territo
rial Government, AND IN ENTIRE SUBSER
While the Legts ature of Arkansas had no power
to create a Convention to frame a Constitution, as a
legal, constitutional body, yet, if the people ehose
to assemble under such an act of the Legislature
for the purpose of petitioning for redrew of griev
ances, the assemblage wee not illegal ; it was not
an unlawful assemblage ; it was not such an assem
blage as the military power could be need to die
parse for they had a"rtght, under the Constitution,
thus to assemble and petition. But isumed
to themselves the right or the power to make a
Government, that'assumption was an act of rebel
lion which General Jackson said it was his duty to
put down with the military force of the country.
If you apply those principles to the Kansas Con
vention, you will find that it had no power to do I
any act so a Convention forming a Government;
vow find that the act milling it was null and void
, From the beginning; you find that the Legislature
I could confer no power whatever on the Convention.
That Convention was simply au amotablage of
Peaceable citizens, under the Constitution of the
United States, petitioning for the retirees ofri •
ancen, and, thus assembled, had the right to pat
their petition in the form of a Constitution if they
chose; but Still it was only a petition—lnning the
force of a petition—which Congress could accept
or reject, or dispose of as it saw proper. That is
what I understand to be just the extent of the
power and authority of this Convention assem
bled at Lecotnitton. It Von not an unlawful as
semblage like that bold at Topeka; for the Topeka
Constitution wan made in opposition to the tot-
Modal !amend as I thought intended to subvert tho
Government. without the consent of Congress,
but, as contended by their friends, not so in
tended. If their object was to subvert it
without the consent of Congress, it was an
eat of rebellion, which might to have been put
down by force. If it was a peaceable assemblage
simply to petition, and abide the decision of Con
gram' on the petition, it was act an unlawful
assemblage. I hold, however, that it was an un
lawful assemblage. I hold that this Leottrapton
Convention was not an unlawful assemblage; but ,
on the other hand, I hold that they had no legal
pewee and authority to establish &Government.
They had a right to petition fora retirees of griev
ances. They had aright in that petition to ask for
the change of Government from a Territorial to a
State Government. They had a right to ask Con
gress to adopt the Instrument which they Bent to
us as their Constitution; and Congress, if it thought
that paper embodied the will of the people of the
Territory, fairly expressed, might, in its discretion,
accept it as a Constitution, and admit them into the
Union as a State; or if Congress thought it did not
embody the will of the people of Kansas, it might
reject it; or if Congress thought it was doubtful
whether it did embody the will of the people or
not, then it should send it back and submit it
to the people to have that doubt removed, in
order that the popular voice, whatever it might
be, should prevail in the Constitution under
which the people were to live. So• far as the
act of the Territorial Legislature of Kansas call.
ing this Convention was concerned, I have al
ways been under the impression that it was fair
and just in its provisions. I have always thought
the people should have gone together en ',tam
and voted for delegates, so that the voice ex
pressed by the Convention should have been the
unquestioned and united voice of tho people of
Kansas. I have always thought that those who
stayed away from that election stood in their own
light, and should have gone and voted, and should
have furnished their names to bo put on the regis
tered list, so as to be voter's. f have always held
that it was their own fault that they did net thus go
and vote ; but yet, if they chose, they had a right
to stay away. They had a right to say that that
Convention, although not an unlawful assemblage,
is not a legal Convention to make of:lemma:tent, and
honeowe are under no obligation to go and express
any opinion about it. They had it right to say, if
they chose, " We will stay away until we ceo the
Constitution they shall frame,
the petition they
shall send to Congress; and when they submit It to
us for ratifioation, we will vote for it if we like It,
or vote it down if we do not like it." I say they
had a right to do either; though I thought, and
think yet, as good citizens they ought to have
gone and voted ; but that was their business, and
not mine. Having thus shown that the Convention
at Lecompton had no power, no authority, to form
and establish a Government, but bad power to
draft a petition, and that petition, if it embodied
tho will of the people of Kansas, ought to be taken
as such an exposition of their will, yet, if it did
not embody their will ought lobe rejected—having
shown these facts, let me proceed and inquire
what was the understanding of the people of Kan
sas when the delegates were elooted t' I understand,
from the history of the transaction, that the people
who voted for delegates to the Lecompton Conven
tion anti those who refused to vote—both parties—
understood the territorial act to mean that they
were to be elected only to frame a Constitution,
and submit it to the people for their ratifica
tion or rejection. Imy that both partial In
that Territory, at the time of the election of delin
gates, so understood the object of the Convention.
Those who voted for delegates did as with the un
derstanding that they had no power to make ago
vernment, but only to frame one for eubmiesion,
and those who stayed away did so with the same
understanding. Now for the evidence. The Pre
sident of the United States tells ns ' in his message,
that he had unequivocally expressed his opinions,
in the form of instructions to Governor Walker,
amusing that the Constitution woe to be submitted
to the people for ratiaeatlowe' 'When we look into
Governor Walker's letter of acceptance of the
office of Governor, we and that he stated expressly
that be accepted it with the understanding that the
President and his whole Cabinet concurred with
him that the Constitution, when formed, was to be
submitted to the people for ratification. Then look
into the instructions given by the President of the
United States, through General Cass, the Secre
tary of State, to Governor Walker, and you there
find that the Governor is instructed to use the mili
tary power to protect the pone when the Conetitu•
Lion shall be submitted to the people of Kansto for
their free acceptance or rejection. Trace the his
tory a little further, end you will find that Gore
nor Walker went to Kansas and proclaimed, in his
In augural and in his speeches at Topeka and else
where, that it was the distinct understanding, not
only of himself, but of those higher in power than
himself—meaning the President and his Cabinet—
that the Constitution was to be submitted to the peo
ple for their free acceptance or rejection, and that
he would use all the power at his command to de
feat its acceptance by Congress, if it were not thus
submitted to tile vote of the people. Mr Preel
dent, I am not going to stop and inquire how far
the Nebraska bill, which said the people should be
left perfectly free to form their Constitution for I
themselves, authorized the President, or the Cabi
net, or Gov. Walker, or any other territorial MR.
nor, to interfere and tell the Convention of Kansas
whether they should or should not submit the ques
tion to the people. lam not going to stop to in
quire how far they were authorized to do that, it
being my opinion that the spirit of the Nebraska
bill required it to be done. It is sufficient for my
purpose that the Administration of the Federal Go
vernment unanimously, that the administration of
the Territorial Government, in all its parts, unani
mously understood the territorial law under which
the Convention was assembled to mean that the
Constitution to be formed by that Convention should
be submitted to the people for ratification or re
jection, and, If not confirmed by a majority of the
people, should be null and void, without coming
to Congress for approval. Not only did the NIP
liana! Government and the Territorial Government
se understand the' law at the time, but, as I have
already stated, the people of the Territory so un
derstood it. As a further evidence on that point,
a large number, if not the majority, of the dele
gates were laetrile fed in the nominating conventions
to submit the Constitution to the people for ratifi
cation. I know that the delegate. from Douglas
county, eight in number, Mr. Calhoun, President
of the Convention, being among them, were not
only instructed thus to submit the question, but
they signed and published, while candidates, a
written pledge that they would submit it to the
people for ratification. I know that mon
high in authority, and in the confidence of
the Territorial and National Government, can
vassed every part of Kansas during the elec
tion of delegates, and each one of them
pledged himself to the people that no snap judg
ment was to be taken; that the Constitution was
to be submitted to the people, for acceptance or
rejection; that it would bo void unless that was
done; that the Administration would spurn and
scorn it us a violation of the principles on which
it came into power, and that a Democratic Con
gress would hurl It from their presence as an insult
to Democrats who stood pledged to see the people
left free to form their domestic inetitutions for
themselves. Not only that, sir, but up to the time
when the Convention assembled, on tho lot of Sep
tember, so far as I can learn, it was understood
everywhere that the Constitution was to be sub
mitted for ratification or rejection. TbeY met,
however, on the let of September, and ['Owned
until after the Oetoberelection: I think it was wise
and prudent that they should thua have adjourned.
They did not wish to bring any question into that
election which would divide the Democratic party,
and weaken our chances of suceese in the election.
I was rejoiced when I saw that they did adjourn,
so as not to show their hand on any question that
would divide and distract the party until after the
election. During that recess, while the Convention
was adjourned, Governor Ransom, the Dernooratio
candidate for Congress, running against the pre
sent delegate from that Territory, was canvassing
every part of Kansas in favor of the doctrine of
submitting the Constitution to the people, declar
ing that the Demooratio party were in favor of
such submission, and that it woo a slander of the
Black Republicans to intimate the charge that the
Democratic party did not intend to carry out that
pledge in good faith. Thus, up to the time of the
meeting of the Convention, In October last, thepreo
tenoe was kept up, the profession wasopenly made,
and believed by me, and I thought believed by
them, that the Convention intended to submit a
Constitution to the people, and not to attempt to
put a Government in operation without molt sub
mission. The election being over, the Democratic
party being defeated by an overwhelming vote,
the opposition having triumphed and got possession
of bath branches of the Legislature, and having
elected their territorial delegate, the Convention
assembled and then proceeded to complete their
Now let us atop to inquire how they redeemed
the pledge to submit the Constitution to the peo
ple. They first go on and make a Constitution.
Then the" make a schedule, in which they provide
that the Constitution, on the 21st of December—
the present month—shall be submitted to all the
boon fide Inhabitants of the Territory on that day,
for their free acceptance or rejection, in the fol
lowing manner, to wit: thus acknowledging that
they were boutid to submit It to the will of the
people, coneeding that they bad no right to put it
Into operation without submitting it to the people;
providing to the Instrument that it should take
effect from and after the date of its ratification,
and not before; showing that the Conetitutton de•
rives Its vitality, In their estimation, not from the
authority of the Convention, but from, that vote
of the people to which It was to be submitted for
their free acceptance or rejection. Row .is it to
be sabraitted? It shall be submitted In this form:
ti Constitution with Slavery, or Constitution with
no 6lavery." All men must vote for the constitu
tion, whether they like It or not, Inorder to be
permitted to vote for or against slavery. Thus a
Constitution made by a Convention that had an.
thority to assemble and petition for a redress of
grievanoes, but not to establish a Government—a
Constitution made under a pledge of honor that It
should be submitted to the people before it took
effect ; a Constitution which provides, on its face,
that it shall have no validity except what It de
rives from such submission—is submitted to the
people at an election where all men are at liberty
to come forward freely, without hindrance, and
vole for it, but no man is permitted to record a
vole against it. That would be as fair an election
as some of the enemies of Napoleon attributed to
him when he was elected First Consul. He
is said to have called out his troops and bad
them reviewed by his officers with a speech,
patriotic and fair in its professions, In which he
said to them, "Now, my soldiers, you are to go
to the election and vote freelyjust as you please.
If you vote for Napoleon, all is well; vote against
him, and you are to be instantly shot." That was
a fair election. (Laughter.) This election is to
be equally fair. All men in favor of the Constita-
Gen may vote for it—all men against it shall not
vote at all. Why not let them vote against it?
presume you have asked rainy amen this question.
I have asked a very large number of the gentle
men who framed the Coustitution, unite a number
of delegates, and a still larger number of persons
who me their friends, and 1 hare received the
same answer from every one of them. I never
'revived ahy ether answer, and I presume we never
shall get any other answer. What to that? They
say if they allowed a negatise vote, the Constitu
tion would have been voted down by an over
whelming majority, and hence the fellows shell
not be allowed to vote at all. [Laughter.)
Mr. President, that may be true. It Is no part
of my purpose to deny the proposition that that
Constitution would have been voted down if sub
witted to the people I believe it would have been
voted down by a majority of 4to I. lam in
fbthynited by
l l would bevoted we l l
is U a pod
do s t w e n
y h e t r u e— to D i ef to oe tn ra e ts so — y
good reason why you should
declare it in force, without being subteittelto the
people. merely because it would have been voted
down by sto lif you hail submitted it? What
does that fact prove? Does it not show undeniably
that an overwhelming majority of the people of
Kenna are unalterably opposed to that Constitu
tion? Will you force It on them against their will
simply because they would have voted it down ifyou
had consulted them ? If you will. are yon going
to force it upon them under the plea of leaving
them perfectly free to form and regulate their
domestic institutions in their own way? Is that
the mode in which IMO called upon to carry out
the principle of self-government and popular DM.
reigpty in the Territories—to force a Constitution
on the people against their will, in opposition to
their protest, with a knowledge of the fact; and
then to assign, as a reason for my tyranny, that
they would he eoobatinate and so perverse as to vote
down the Constitution if I had given them an
opportunity to be consulted about it? Sir,
deny your right or Mine to inqedreuf•these people
what their objections to that Constitution are.
They have a right to judge for themselves
whether they like or dislike it. It is no answer
to tell me that the Constitution is a good one
and unobjectionable. •It is not satisfactory to
me to have the President say in his message that
that Constitution is an admirable one, like all the
Constitutions of the new States that have been re
cently formed. 'Mother good or bad, whether
obnoxious or not, is none of my business and none
of yours. It Is their business, and not ours. I
care not what they have In their Constitution, so
that it suits them, and does not violate the Con
stitution of the United States and the fundamental
principles of liberty upon which our , institutions
rest. lam not going to argue the question
whether the banking system established in that
Constitution is wise or unwise. It says there shall
ho no monopolies, but there shall be one bank of
Issue in the State, with two branches. All I
have to say on that point is, if they want a bank
ing system, let them have it ; it they do not want
it, let them prohibit it. If they want a bank
with two branches, be it so; if they want twenty,
it is none of my business; and it matters not
to me whether one of them shall be on the
north aide, and the other on the south side
of the Karr river, or where they shall be.
While I have no right to expect to be consulted on
that point, I do hold that the people of Kansas
have the right to beconsulted and to decide it, and
you hove DO rightful authority to deprive them of
that privilege. It is no justification, in my mind,
to say that the provisions for the eligibility for the
offices of Governor and Lieutenant-Governor re
quire twenty years' citizenship to the United
Stars. If men think that no person ahouki vote
or bold office until he has been hero twenty years,
they have la right to think so; and if a majority of
the people of Kansas think that no man of foreign
birth should vote or hold office, unless he has
lived there twenty pears, It is their right to sayso,
and I have no right to Interfere with them ; it Is
their business, not mine; but if I lived there, I
should not bo willing to have that provision in the
Constitution without being heard upon the
subject, and allowed to record my protest against
it. I have nothing to say about their system of
taxation, in which they have gone bank and
resorted to the old exploded system that we
tried in Illinois, but abandoned because we did not
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
Kenos I would profit by the experienee of Illinois
on that subject, and defeat it if I could. Yet I
have no objection to their having it if they want
it; it Ii their business, not mine. So It is in regard
to the free negroes. They provide that no free
negro shall be ranassittad Olive In Kansas. I sup
pose they have a right to say ao if they dune;
but if I lived there I should want to vote on that
question. We, in Illinois, 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 my that the
negroes, now there, shs shall not be perm i tted tolii ninandinttb oplo icu nsas oug live
to have the right to Bay whether they will
allow them to live there, and if they are not
going to do 80, how they are to dispose of them.
So you may go on with all the different clauses
of the Constitution. They may be all right ; they
may he all wrong. That is a question on which
my opinion is worth nothing. The opinion of the
wise and patriotic Chief Magistrate of the United
States is not worth anything as against that of the
people of Kansas, for they have a right to judge
for themselves, and neither Presidents, nor Sena
tor:, nor Howe of Representatives, nor any other
power outside of Kansas has a right to judge for
them. Hence, it is no justification, in my mind,
for the violation of a great principle of self-go
vernment to say that the Constitution you are
forcing on them is not particularly obnoxious, or
is excellent in its provisions.
Perhaps, air, the same thing might be said of the
celebrated Topeka Constitution. I do not recollect
its peculiar provisions. I know one thing: we
Democrats, we Nebraska men, 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 de
fiance of the authority of Congress; that If it wastes
pure u the Bible, as holy as the ten command
ments, yet we would not touch it until it was
submitted to and ratified by the people of Kansas,
in pursuance of the forms of law. Perhaps that
Topeka Constitution, but for the mode of making
it, i woula have been unexceptionable. Ido not
know ; Ido not care. You have no right to force
an unexceptionable Constitution on a people It
does net mitigate the evil, it does not diminish the
insult, it does not ameliorate the wrong that you
are 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 to he
made for this flagrant violation of i popular rights
In Kansas, on the plea that the Constitution which
they have made is not particularly obnoxious.
But, sir, the Preeident 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 para
mount question, if they get the right to vote as they
please on that subject they ought to be satisfied; and
possibly it might be bettor 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
can vote for or against it ? Suppose I were a cal
-1 zen of Kansas, and should go up to the polls and
say, "I desire to vote to make Kansas a slave
State ; here is my ballot " They reply to me,
" Mr. Douglas, just vote for that Constitution first,
if you please " " Oh, no !" I answer, " I cannot
vote for that Constitution conscientiously. lam
opposed to the clause by which you locate certain
railroads in such a way as to sacrifice my county
and my part of the !Rate. lam opposed to that
banking system. lam opposed to this know-
Nothing or American clause in the Constitution
about the qualification for office. I cannot vote
for it." Then they answer. "you shall not vole
on making it a slave State." I then say, " I want
to make it a free State." They reply, " vote for
that Constitution first, and then you can vote to
make it a free State; otherwise you cannot."
Thus they disqualify every free-State man
who will not first vote for the Constitution;
they disqualify every slave-State man , wimp
will not first vote for the Constitution. No
matter whether or not the voters state that
they cannot conscientiously vote for those
provisions, they reply, " you cannot vote fbr or
against slavery bore. Take the Constitution as
we have made; take the elective franchise es we
have established it; take the banking system as
we have dietated it; take the railroad lines is we
have located them; take the 3udiaisory system as
we have formed it; take It alias we have fixed it
to salt ourselves, and ask no questions; but vote
for it, or you shall not vote either for a slave or a
free State." In other words, the legal effect of
the schedule is this : All those who are in favor of
this Constitution may vote for or against Slavery,
as they please; but all those who are against this
Constitution are disfranchised, and shall not vote
at all. That is the mode In which the slavery
proposition is submitted Every man opposed to
the Constitution is disfranchised on the slavery
elmole. How many are they? They tell you there
is a majority; for they say the Constitution will
be voted down Instantly, by an overwhelming
majority, if you allow a negative vote. This
show:4 that a majority are against it. They dia.
qualify and disfranchise every man who Is against
it, thus referring the slavery clause to a minority
of the people of Kansas, and leaving that minority
free to vote for or against the slavery clause, as
they choose.
Let me ask you if that is a fair mode of submit
ting the slavery clause s Does that tootle of sub
mitting that particular clause leave the people
perfectly treat.* vote for or against slavery as they
choose I Am I free to vote as 1 choose on the
slavery question, if you tell me I shall not vote on
It until 1 vote for the Maine liquor law' Am I
free to vote on. the slavery question, if you tell
coo that I shall not vote either way until I vote for
a hank? Is It freedom of election to make your
right to vote upon one question depend anent the
mode in which you are going to vote on some
other question which has no connection with it
Is that freedom of election? Is that the great fun
damental principle of seltgovernment, for which
we combined and struggled, is this body, and
throughout the country, to establish as the rule of
action in all time to mote Ths President of the
United States has made some remarks in his mes
sage which, it strikes me, it would be very appro
priate to read In this connection. He says :
"The friends and supporters of the Nebreekei
and Kansas Act, when struggling on a recent occa
sion to sustain its wise provisions before the groat
tribunal of the American people, never differed
about Its true meaning on this subject. Every-
Oornwposents btu Ter MOW ler SON int la
salad the framing rubs t,
Nam somasnohsatioa MO Do sasoolifidod k - the
swim of the writer. In OtOgio to tom* oatrodalkot
the 'typography, Wt 111 Ml. of Si shoot Amid ho
winos spec
we WWI br grestlr obliged to gentlemen It Patamt
reale sal other Meted roe 000tribstione sines the in
tent mire of the day la thole WI:WU "9"1., tho
remarese of the sarroandiag eollatey, the leerisee of
population, sad any intomestkon that will ha Isteamtbed
to the mural raider
where throughout the Union theyptiblielf ed
their faith and honor that they would eheerfuU y
inbuilt the question of slavery to the decision of
the bona fide people of Karam, without any re
striction or qualification whatever. All wars cor
unitd. upon the great doctrine of yokels":
sovereignty, which is the vital principle of our
free institutions."
Mark this:
" Dad it then been Insinuated, from any quarter.
that it would hare been a sufficient complianes
with the requisitions of the organic law for the
members of a Convention, thereafter to be elected,
to withhold the question of slavery from the peo
ple, and to substitute their own will for that of a
legally ascertained majority of their Cionstituents.
this would have been natant!: rejected."
Yes, sir, and I will add further, had it been then
intimated from any quarter, and believed by the
American people, !lilat we would have submittal
the slavery elute in such a manner as to compel
a: man to vote for that which his conseinee did
not approve, in order to vote on the slavery clause,
not only would the ides have been rejeeted, but
the Democratic eandidete for the Presidency would
have been rejected ; and every man who 'Jackal
him would have Menyejeeted too.
The President tells us In his message that the
whole party pledged our faith and our honor that
the slavery question should be submitted to the
people, without any restriction or qualification
whatever. Does this schedule submit it without
qualification? It qualifies it by rasing, "Tau
may vote on slavery If you will vote for the Con
witulion ; bat you shalt not do so wittiest doing
that. That IS IL very important qualification—a
qualification that controls a man's vote and his
action and his isouseienee, if he is an honest man—
a qualification confusedly in violation of out plat
form. We are told by the President - *bat our
faith and oar honer are pledged that the slavery
clause , altould be' submitted without quali fi cation
of any tied whatever; and now am I to be salted
upon to forfeit my faith and my honor in order to
enable a small minority of the people of Kansas
defraud the majority of that people out of their
elective franchises?
Sir, my honer is pledged, and before It shall be
tarnished I will take whatever consequences per
sonal to mvself may come; but never ask me to do
an act which the President. in his message, has
said is a forfeiture of faith, a violation of - honor.
and that merely for the expediency of saving the
party. I will go as far as any 7 or you to save the
party.l have as iamb heart in the great cause
that binds us together as stparty ass any man
living: I will sacrifice anything short of principle
and honor for the peace of the , party; bat if the
party will not stand by its principles, its faith,
its pledges, I will Wand there, and - abide wbat
-ever conaespiences may result from' the 'position.
Let me ask you, why force this Coteditutiou dawn
the thews of the people of Nausea, in opposition
to their wishes, and in violation of our p ledges?
What object is to be attained?' Cui bolo
What are you to gain by it? Will - you sustain
the party by violating its priaciplee' Do you
propose to keep the party united by forcing a
division? Stood by the do-saline that leaves the
people perfectly free to form and regulate their
nutitutions for themselves in their own way, and
your park). - will be united, and irresistible in
power. Abandon thatgreat principle, and the party
is not worth tuivineand cannot be saved, after it
shall be violated. I trust we are not. to be rushed
upon this question. Why shall it be done? Who
is to be benefitted? Is the South to be the gainer'
Is the North to be the gainer? Neither the
North nor the South has the right to pia a sec
tional advantage by trickery or fraud. But lam
beseeched to wait until I hear from the election
on the 21st of December. lam told that primps
that will put it all right, and will save the whole
difficulty. How can i t. Perhaps there may be a
large vote. There may be a large vote reamed.
[Laughter.] But I deny that it ie paraible to hare
a fair vote on the slavery clause ; and I say that it
Is not possible to have any vote on the Constitu
tion. Why wait for the mockery of an election.
when it is provided unalterably that the people
cannot vote--when the majority are ffidtseehised?
But I am told, on all aides, "Oh, just wait; the
pro-slavery elauaewill be voted down." That does
not obviate any of my objections; it does not di
minish any of them. You have no more tight to
force a free-State Constitution on lianas than
a alavo-State Coostitution. If liansu wants
a alaeo-State Constitution, she has a right
to it; if she wants a free-State Cousttso
tion, she has a right to it. It is DODO of my
business which way the slavery clause is decided.
I care not whether it is voted down or - voted up.
Do you suppose, after the pledges of my honor
that I would ge for that principle and leave the
people to vote as they choose, that I would now
degrade myself by nude one way if the slavery
clause be voted down, and another way if It lid
voted up ! I care not how that vote maystaml.
take it for granted that It will be voted out. I
think I have seen enough in the last throe days is
make it certain that it will be returned out, na
matter how the vote may stand. [Laughter. ]
Sir, I am opposed to that concern. beemaa It
looks to me like a system of trickery ant jugglery
to defeat the fair expression of the will of the peo
ple. There is no necessity far crowding this mea
sure, so unfair, as unjust as it is In all - its aspects,
upon us. Why Can we not now do what we pro
posed to do in the last Congrus ? We then voted
through the Senate an enabling set, caned" the
Toombs bill," believed to be jest and fair to all
its provision, pronounced to be almost perfect by
the Senator from New Hampshire, (hir- gale , )
only he did not like the man thm President of the
United States, who would have to make the ap
Why can wo at take that bill, and, out of east
pitmen to the President, add to it a elame taken
from the Wm mots act, which he thlaim should,
be a general nit, requiring the Domination to
be submitted ti the people, and pass that? That
unites the party. You all voted with me, for that
bill, at the tut Congress Why not stand by the
sane bill now? Ignore Leo-wepton, igmre Topeka ;
treat both thou party movements ea it:value and
void ; pass a fair bill—the one that we framed our
selves when we were acting as a unit; hue a fair
election, and yon will have peace la the Demo
cratic party, and peace throughout the ematti, to
ninety days. The people want a fair Tate. They
will never be satisfied without it. They suer
should be satisfied without a fair vote on their
If the Toombs bill doe+ not snit toy friend-4; take
the Minnesota bill of the last is digs SO
much commended by the President in his message
as a model. Let us pass that as au enabling act,
and allow the people of all parties to came together
and have a fair vote, and L will go fur it. Mate
any other bill that rectum a fair, honest Tote to
men of all parties, and carries ant the pledge that
the people shall be lon free to decide on their do
mestic institutions for themselves, and I will go
with you with pleasure, and with all the - energy
maywen. But if this Constitution io to be
forceddown our throats, in violation of the [made
mental principle of tree government, under a Mode
of submission that is a mockery and insult, I wilt
resist it to the last.
I have no fear of any paity sameiations being,
severed. I should regret any social or political
estrangement, even temporarily ; bet if it most be.
if I cannot act with you and preserve my faith and
my honor, I will stand on the great principle of
popular sovereignty, which declares the right of
all people to be left perfectly) free to form and re
gulate their domestic institutions intheir own way.
I will follow that principle whatever its logical
consequences may take me, end I will endeavor ta
defend it egainqt assault from any and &liquor
tors. No mortal man shall be responsible far my
action het myself. By my action I will compromic
no man.
At the conclusion of the honorable gentleman't
speech loud applause aud clapping . of bands re
sounded through the crowded callenes.
[Reported for The Prees.l
SUPRINE COURT—Judge Vfoodseard.—A hear
ing was had on habeas corpte.t yesterday morn
ing in the case of D. IL Olmstead vs. Maria 'N.
Olmstead, in relation to the custody of a child of
the parties, aged about two years. The testimony
showed that the parties were married in 1555, in
the city of New York, and that after the birth of
the child in question, in the latter part of the
same year, they ieparated. The husband sued out
a habews toque in New York to obtain the pos
session of the child, and got the order of the Su
preme Court in his favor. To avoid complying
with this order, it is alleged the wife came on to
Philadelphia, and this proceeding was taken to
make her amenable to the law of this ,State.
The case was continued until Monday next at ten
o'clock. J. V. (Worsen, Esq., for the relator;
Messrs. ItleCall and Hopper for the defendant.
NISI Patrs—Judge Thompson.—ln the ease of
McMahon vs. Cartel], before reported. the jury
will return their verdict this morning.
VISITED STATES ColluissioNzu's OrYtea.—Ma
muss Price, who was charged before Charles Heil-
Mt, Esq., with the purchase and salt of counter
feit coin, was discharged by the commissioner yes
DISTRICT COMM.—The district courts were non
in session yesterday. The judges held a private
session in No. I.
QUARTER SFASIONS—Judge Allison.—This court
was occupied in hearing some prison eases of no
public interest.
Mr. David Houton, a printer, has been miss
ing from hishome Billed the 20i,b or November
appears that he left Boston for St. Loafs, intending
Ip accompany home his wife who is on *visit to
that city. Until recently his friends hers
bad no doubt but he arrived site in St. Louis, and
were daily expecting his return, but a tabigraphis
despatch was received from his wife, anxiously in
quiring his wheteabotits, as be had not arrived_
The came of John Flinn vs. the Philadel
phia, Wilmington, and Baltimore Railroad, termi
nated in the court at New Castle, Del., on Monday.
The jury gave a verdict in favor of Mr. F. for
513,000. The plaintiff, it will be remembered,
sued to recover for personal injortes received by a
collisionof two trains while on the trip from this
city to Wilmington
• Tr r h •
A meeting of planters was held in as trig
ton county, Gs.. a few days ago, to adopt measures
for shipping cotton direct to Liverpool. It was
determined to try the experiment with one hun•
dred and two baits, to be shipped from Savannah,
by a common factor, as early as the 2dth of De•
• •••• • •
The Hon. Andrew B. Moore was dely in
stalled into ace es (taverner of the State of
Alabama on the first day of the preeent month.
Th e ce r e mony, attended with the canal formali
ties, tack piece in the presence of the State Legis
It h estimated that there are now tritig un
sold on the wherres at titoncester, &lase, /230,400
worth of reacketel ar.d codfish.
Major John Gibson, well known as the land
lord of the is Hotel, in Concord, It IL, iliikt
Suddenly last week.
The Dittrict Attorney of New Orleans has,
it is said, been roamed, for lotting Eton. 'Wing
off on light tap,