SPEECH OF •^ X HON. HENRY WILSON, OF MASSACHUSETTS, OX THE FHESIDENT'S MESSAGE ON THE LECOMPT^^ CONSTITUTION. /^yoFco/; ^ U.S. A. Delivered in the Senate, February 3d and 4th, 1858. ^^v^^,^' The pending question being the motion to re- fer the Presideni'a mesRa^e and the Lecomp- ton Constitution to the Committee on Territo- riea, Mr. Wilson moved to amend the motion bj adding : " And that the committee be instructed to ascertain thf number of votes g:iveu at each county in the 'I'erritorj- upon the question of calling a Convention to form a Con- stitution; to inquire into the appointment of delegates to ihe Conveniion, and the census and registration under which tne ,-.anie was made, and whether the same was in compliance with law ; the number of votes cast for each catididate for delegate to tiie Convention, and the places where cast, and whether said Cons itution received the votes of a majority of the delegates to said Convention; the number of votes cast in said Territory on the 21 «t oi December last, for and against said Coustiiution, and for and against any parts thereof, and ti;e number so cast at each place of voting; the number of votes cast on tne 4th day of January last for and against said Constitu- tion, and the number so cast at each placp of voting; the number ot votes cast on tlie 4th day of January last fo; any :State nnd legislative officers thereof, and tlie number of votes cast fjr each candidaje for such offices, and the places where ca>t; and ihat said committee also ascertain, as nearly as possible, what portion, if any, of the votes so cast at any of the times and places aforesaid were fraud- ulent or illegal ; and that said committee have power to send for persons and pi'pers."' Mr. WILSOiSr. This application, Mr. Presi- dent, for the admisaion of Kansas into this sisterhood of free Commonwealths, comes to ue under circainatances that demand the prompt, thorough, and fail investigation of the Senate and of the House of Representatives. Charges have been made by the people of Kansas, bj Government officials in Kansas, of illegalities and frauds — illegalities and frauds which have deprived the people of that Territory of their rights, and defeated their will. These reports have gone over the country, over the Christian and civilized world, bringing dishonor and shame upon free democratic institutions. Under these circumstances, sir, I take it that every Senator, every member of Congress, eve- ry fair-minded and honorable man throughout the Republic, desires, before we vote to bring Kansas into the Union or to reject her applica- tion, that all the facts connected with the calling of the Convention to frame a Constitution, the election of delegates, the framing of the Consti- tution, the mode of submission to the people, the election under the Constitution, and all the questions concerning the rights and the intereais of the people of the Territory, shall be fuliy ia- vesligated. To accomplish this object, which every honorable gentleman in America must desire, I have submitted the motion that the Committee on Territories be instructed to make this investigation, and that they have power to send for persons and papers. I indulge the hope, Mr. President, that evrry Senator on this floor will promptly vote tor these iaatructicns, and that the Committee en Territories will make the most, searching, thorough, aud complete investigation into this whole subject ; and if there be frauds, if there be wrongs, if there be anything in the action of that Territory which baffles the popular will, which robs the people of their rights, that the facta will be presented to the Senate and to the country, and that we shall be guided by the simple idea of ascertaining the real will of the people of the Territory of Kansas, and letting that will control our action. Before I sit down, sir, I wish to call the at- tention of the Senate to some of the allusions, assumptions, and declarations, of the President, in this extraordinary communication to Con- gress. The President told us, in his annual message, that the attention of the country bad been too much drawn to the Territory of Kan- sas. I regret, I thick the country will regret, I think every man who cares anything for right or justice, who cares anything for the honor of the American name and the American char- acter— a; e, anything for the reputation of the Chief Magistrate of the Republic — will regret that the President himself had not devoted time enough to the consideration of the affairs of Kansas, to have enabled him to present to the Senate and the country a full, intelligent, ac- curate, and truthful statement of the events which have transpired in that Territory. I say here, sir, what I know to be true, what every intelligent man in the Senate knows to be true, what the country and the world know to be true, that the statements in this message mis- represent, wholly and entirely, the events which have transpired in that Territory; and that rCo^, 2 wberever this message goes, it will carry to the ■world a stupendous and gigantic misrepresenta- tion of afiairs in the Territory of Kansas. I know, sir, that the President cannot be ex- pected, in the midst of the vast duties that devolve upon hina, to understand everything that has transpired in that Territory. He was out of thci country when the act for the organiza- tion of Kansas was passed ; he was out of the country during the eventful years of 1854 and 1855, and a portion of 1856 — years in which events of great magnitude transpired in Kan- sas. He was nominated, we all know, sir, be- cause he wasout of the country, and had no con- 'nection with these events, because he was able to prove an alibi. But, sir, he sends to us, to men familiar with the events of the past four years, this message, covering this application for the admission of Kar.sas, and he gives a coloring to events in that Territory which will give to the country and to the world about as correct an idea of the sfF^irs of that Territsry as the bulletins of Napoleon gave to the people of France of the condition of the grand army on its retreat from Moscow. The President tells us that there is a delusion in ihe country in regard to the condition of affairs in Kansas ; that it is supposed there are two par ies in that Territory, contending for the goverrment of the Territory. He gives us to undprstand that this is not the fact ; that there is cot a great Free State party, struggling to make Kansas a Free State, and a Slave State party siruggling to make Kansas a slave State. He would have the country understand that th'S \i the state of affairs in that Territory ; that there is a party of law and order, a party that legitimately 'and legally governs the Ter- ritory ; and that there is another party setting at defiance the laws of Congress and the Con- stitution of the country, and that they are la- boring to overthrow by lawless violence the Government of the Territory, and to impose on the people a Constitution of their own choice. Now, sir, I know, you know, every man here knows, that this is not the fact. I say there is no party and there has been no party in the Territory of Kansas, setting at defiance the Constitution of the United States or the laws of the United States ; no party, nobody, no set men, in that Territory, in rebellion against Fed- eral authority. On the 30th March, 1855, the people of the Ter- ritory were summoned to the ballot-box to elect thireen members of the Legislative Council and twectyeix members of ihe House otRsprcsenta- tives. On that day there was an invasion of the Tenitory of forly-uine hundred men from the neighboring State of Missouri. These forty-nine hundred aimed men went into every Council dis- trict and into every Representative district but one. They took possession of the electoral urns ; they selected the Legislature to frame the laws for the Territory, and to shape and mould its future. Of the twenty-nine hundred men in the Territory who had a right to vote, less than fourteen hundred voted on that day, and yet a majority of actual residents were in favor of a free State, and had majorities in sixteen ot the eighteen districts. The?e facts have been proved, demonstrated, by taking the names of the per.^ons enrolled as actual voters, and ta- king the names of the persons who voted on the 30th cf March. These facts were proved under the order of the House of Representa- tives, and by a thorough investigation by a committee cf that House, and no man here or elsewhere can deny them. The people of Kansas had imposed upon them that day a Government not elected by themselves — a Government imposed upon them by those forty-nine hundred men fiom the State of Missouri. The people of the Territory felt this to be a great outi-age on their rights — they had a light to feel so. The people of any State would have felt outraged on goiug to the ballot- boxes and finding them in the possession of armed -men from another State. Gov. Reeder undertook to correct some of these frauds upon the ballot-box, by withholding certificates from the members thus elected; and Gov. Reeder, on that day when he undertook to right these wrongs, was marked for swift destruction. The Legislature assembled ; it threw out the Free State metnbers 'Tho held certificates from Governor Reeder ; it passed laws violating the rights of a free people ; it violated the freedom of speech and of the press ; it denied to the people iho right to go to the balloi.-box, unless they took a test oath that no freeman could take without degradation. Those laws would not allow a man to sit in a jury-box, if he denied the right to hold slaves in tne Territory. These laws were intended (to use the language of one of the leading men who imposed them on the people) to degrade and drive out of the Ter- riiory the Fi'ee State men. What were free- men to do under such circumstances? They had been brought up in the belief that the people were the inherent source of power — that all fower came from the people, in their sovereign capacity. They had read the Kaasas-Nebraska act, and they supposed that act conferred on the people, without the intervention of a Terri- torial Legiblature or of Congress, the right to come together to frame a Constitution, and to ask for admission into the Union as a sover- eign State. The people of oiher Territories had framed such Constitutions. They assem- bled in Convention, they framed such a^-Consti- tution, they submitted that Constitution to the people, and it received the popular verdict. They elected their officers under it ; they chose their Senator?, and sent them to this Chamber toaek for admission into the Union. They under- took to enforce no laws, and from that time to ihe present they have kept that Topeka Gov- ernment in existence; they have framed some acts necessary for its preservation, but from that day to this they have never attempted to enforce these laws. I declare here to-day what I know personally to be absolutely true, and I declare it in the face of ihe declaration of Gov. Walker and of the President, that the presence of your army in that Territory, the proclama- tions of your officials, the action here in the Sen- ate and the House of Representatives, have not prevented that people from putting those laws in execution ; but they have acted according to their own well-chosen and deliberate policy. They never intended to go into rebellion ; they never intended to enforce these laws against the laws of Congress. They have always denied the validity of your Territorial laws, which were imposed upon them by fraud and force ; they have not used them for the protection of their liberties or their lives. Young men who went to that Territory to practice their professions have, from conscientious scruples, engaged in the most common labors of life, rather than acknowledge those laws, or take the oath to sup- port them. The masses of the people of that Territory, from that time to this, have never acknowledged those laws as binding on them ; they have never claimed their protection. They have been outraged, robbed, imprisoned ; they have seen their dwellings burned down ; they have been invaded ; many of their fellow- citizens have been murdered, because they loved liberty ; but they have not invoked the pro- tection of those laws. They never have, they never will, they never ought to do so. No man here would ever submit to them, or claim their protection, or use them for his own personal protection. The President, in support of this charge of rebellion, quotes the evidence of Governor Walker. Governor Walker, sir, went to that Territory as the President's instrument, to ac- complish a certain purpose. He was appointed Governor of Kansas on the 30th of March, 1857 ; he entered the Territory on Sabbath evening, the 24th of May. Much of the inter- vening sixty days of time was spent by the Governor in making speeches, and writing let- ters magnifying his great mission. I went to the Territory, from St. Louis, in company with Governor Walker 5 I saw him at Lawrence ; I saw him when he was welcomed by the people of " rebellious " Lawrence in a generous way, of which any man might be proud ; I was at Lecompton, the capital, when he arrived there. Governor Walker went to Kansas, and his own letters demonstrate it, on this mission to divide the people who were in favor of a free State, to unite the Free State Democrats with the Pro- Slavery men, and secure the slavery then exist- ing in Kansas, and make it a Black-Law, Pro- Slavery, Democratic State. That was his mis- sion ; and no man in America could have labored more faithfully to accomplish that ob- ject. He went to that Territory a Pro-Slavery man, in favor of the Pro- Slavery policy of this country ; and in his inaugural address to the people, in view of the fact that it might become a free State, he said that the great Indian ter- ritory of the South would be slave territory, and that slave States might be made out of it. I was there when that address was issued ; and •although we are told now that everything in . the Territory was in a state of excitement bor- dering on rebellion, I say here today, that there was no spot on the North American continent where there was more quiet than existed, on the 1st of June last, in the Territory of Kansas. Rebellion existed only in the teeming brain of Governor Walker. Sir, when Governor Walker arrived in Kan- sas, the persons appointed to take the census and to enroll the voters had not performed their duty in about half of the counties of the Territory. The Free State men, under the lead of Governor Robinson and other leading men, made a proposition to acting Governor Stanton, before Governor Walker arrived, to go into the election of delegates to the Convention, if they could be enrolled, and the ballot-boxes so pro- tected that there should be no invasions and no fraudulent voting. They did not wish to com- mit themselves in that election, and find at the polls what they found at the polls on the 30th of March, 1855 — an invading host of illegal voters, to rob them of their rights. Secretary Stanton, who was then acting Governor, to> whom this proposition was made, answered these gentlemen by saying he had no power to. correct the list of voters, and he could do noth- ing to aid them. Some of the people, in some- of the counties where the officials had refused' to take the census or to register the voters,, made an application to go on and elect their- delegates ; and it was suggested to them that they could do so, and that their delegates might be accepted by the Convention. When the day of election came, less than twenty4hree hundred men went to the polls to vote, about one-ninth part of all the voters in the Terri- tory. When the result of this election was known' in the Territory, it was believed by intelligent men of all parties that the Convention would never assemble; that it had gone down beneath the moral sentiment of the people ; that it was an ignominious and contemptible failure. The President quotes Governor Walker's hasty and ill-timed language in regard to the action of the people of the city of Law?ence, to show their rebellious spirit. We were told here, the other day, by the Senator from Geor- gia, that the city of '* Lawrence was the sink of filth, folly, and falsehood." Sir, I venture to say, that there is not a town in the United States, north, south, east, or west, of the num- bers to be found in this town of Lawrence, containing more of individual worth, or per- sonal character, or general intelligence. I venture to say that there are more college grad- uates in that town than in any town west of the Alleghanies of equal population. The peo- ple of Lawrence are a law-abiding, l^iberty-lov- ing people. Having lived for two yeara with- out the protection of law, having been robbed and plundered, and being desirous of doing something for their own local interests, the people of that town, in July last, framed acd adopted a city charter. The people there are all on one side ; there are, I think, only two or three Slave State men there, and no one intend- ed to enforce any laws on them. It was a charter framed by cooimon consent. The laws under it were intended to be executed by com- mon consent. The committee of the people say, in their address : " As its at-tion will be purely local, and have reference merely to our own internal affairs, no collision is appre- hended with any other organization claiming to exercise general jurisdiction in the Territory." They did not intend to violate the laws of the Union or of the Territory, The Governor moved the troops upon that town, and pro- nounced their acts rebellion; but the people went right on. They framed their ordinances, they put their ordinances in execution, while his army was encamped on their soil; and from that time to this, they have peacefully and qui- etly administered their own local town affairs, and have harmed nobody in or out of the Ter- ritory. This simple act, performed by com- mon consent, having the assent of the whole people, intended to operate only in their own local effairs, was pronounced by Gov. Walker »s the greatest rebellion the world had ever witnessed : "Are'iellion to iniquitous, and necessarily involving euch awful consequences, has never before disgraced any age or couiary." This ridiculous declaration is only equalled by his ridiculous action in moving the army on Lawrence. The Governor tells us that this town of Lawrence was the hot-bed of the Aboli- lionista of the Bast, that paid agents of those societies were there. I deny the fact that paid agents were in the town of Lawrence, of any Abolition society. East or West. The Legislature imposed on Kansas by law- less violence provided that the people should vote in October, 1856, whether they would call a Convention to frame a Constitution. In Octo- ber, 1856, the vote was taken, and about two thousand votes were given upon that question. Test oaths were then demanded, and the Free State men would not vote. Sir, the President sharply censures the peoplo of Kansas for not voting for the election of delegates to the Con- vention. The Legislature, in the winter of 1857, passed the Convention act. The plan was to make Kansas a slave State. The time, the mods, and the machinery, were r.il selected, with the skill of political tricksters, to secure that result. Governor Geary vetoed the act, because it con- tained no clause authorizing and directing the submission of the Constitution to the people, for their ratification or rejection. In a recently- written letter,' Governor Geary tells us that — " In a conference with the committees of the two Houses by whom the bill had been reported, I proposed to sign the bill, provided they v^ould insert in it a section author- izing the submission of the Constitution as above indica- ted. But they distinctly informed me that the bill mctthe approbaiion of their friends in the South — that it was not their intention tlie Constitution should ever be submit- ted lo the people, and that to all intents and purposes it was like the laws of the Medes and Persians, and could not be altered." Governor Geary tells us that he was informed that the reason why the Constitution was not to be submitted to the people was, that their friends in the South, who were in favor of ma- king Kansas a slave State, required that it should not be submitted. Their friends in the South were wise in this respect. They believed they could control the election of the delegates to the Convention; but they knew that if the Con- stitution was submitted to a fair vote of the peo- ple, the people, by an overwhelming majority, would vote it down ; and they then demanded, if we are to believe these gentlemen of the com- mittees of the two Houses, that the Constitution should not be submitted to the people. Why did gentlemen from the South demand that the Constitution should not be acted upon by the people ? They knew that the people were in favor of making Kansas a free State ; that they would vote down any Constitution that did not make Kansas a free State ; and therefore the people must be robbed of their right to vote on their own Constitution. The President sent Governor Walker to the Territory with the promise, with the assu- rance, that the people should vote upon the Conslitulion. Governor Walker, in his letter of acceptance, says that he understands the Presi- dent and the Cabinet to be committed to that policy. Governor Walker went to the Territory, and in his inaugural address promised the peo- ple that "unless ihe Convention submit ^Ae Con- stitution to the vote of all the actual resident settlers of Kansas, and the election be fairly and justly conducted, the Constitution will be, and will ought to rejected hy Congress." What was the effect of these declarations on the people ? The people said, " the census has not been taken ; the registry has not been hon- estly made ; we shall ba cheated, if we go the polls to elect delegates to this Convention. We do not wish to commit ourselves, and then be cheated and d-frauded. We will let them elect their delegates to the Convention, frame their Constitution; and when they submit it to us, we will vote it down." That was the sentiment of the Free State men throughout the whole Ter- ritory, and all the evidence goes lo show it. I know it to be so by my OT>n personal experience in that Territory. I know it to be the senti- ment of the leading men and of the people. We are told by the President, that the reason why they did not vote was that they wanted to enforce their Topeka Constitution ; that they wanted to frame laws and establish their rebel- lious Government I Sir, they had a Convention on ihe 9th of June, before the delegates were elected to ihe Lecompton Convention, and they voted, with only one solitary exception, against putting the laws framed under the Topeka Constitution in force. The people intended nothing of thia kind ; but they decided to elect their officers under the Topeka Constitution, to keep that Government alive for protection in the last resort, and then resolved t5 go into the Oatober election under protest. They went into the October election, and carried the Legislature and Delegate to Congress. Now, sir, I wish to call attention for a few moments to Governor Walker's course in regard to the October election frauds. The President quotes Governor Walker when he sustains his theory, but he does not quote him when Gov- ernor Walker's testimony goes to show that the people of Kansas have been cheated and de- frauded. For promising that the people of the Territory should have the right to vote on their Constitution, Governor Walker was assailed in all the slave States. I think some Senators demanded that he should be removed. He \fas denounced throughout the Southern S^ates by a class of public men and by a class of public journals for having promised that the people of Kansas should have a fair opportunity to vote for the adoption or rejection of the Lecompton Constitution. The Administration which gave him that assurance quailed beneath this denun- ciation from the slaveholding States. It changed its policy, abandoned Walker, and betrayed the people of Kansas. When the October election came on, there were stupendous frauds perpetrated at Oxford and in McGee county. These fraudulent votes, if counted, would have settled the character of the Territorial Legislature. Governor Walker could not give his sanction to those frauds. What did he do ? He investigated the frauds at Oxford, and the frauds in McGee county, and threw oat the fraudulent votes. For that act, for throwing cut these palpable frauds, for throwing out the list made up out of the Cin- cinnati Directory, in which it is said Governor Chase's name was included — for performing that act of justice, GDvernor Walker was assail- ed from one end of the Southern States to the other, by politicians and presses. Men who had sustained the invasion of the 30th of March, 1855, of four thousand nine hundred men from Missouri ; men who had refused to investigate those fraud-j; men who had upheld the laws enacted by the Territorial Legislature; men •who had sustained the use of the army in the Territory, and all the acts which have trans- pired in that Terri':ory — these men denounced Governor Walker for throwing out frauds that prevented them, as th^y thought, fom consum- mating the iniquity of dragging Kansas into the Union as a slave State. We are told by the President that the people of Kansas have had a fair opportunity to vote on the Slavery qnestion. 1 am surprised thai the President of the United States has so little regard lor the intelligence of the Senate and the country, and for his own reputation, a? to make a declaration of that character. The people of Kansas had a fpir opportunity, he tells us, to vote on the 2l8t of December last, for or against Slavery, Sir, they h'id no such opportunity ; and the President of the United Stat3s, if he doss not know it, ought to have known it. Both Constitutions were slave Con- stitutions. The slaves in the Territory, it was declared by the Lecompton Constitution, were property ; and — "Tne right of property in slaves now in the Territory shall in no raaiiner be. interfered with." '• No alteration shall bemadj toaff ct the right of prop- erty in the ownership of slaves." Thepe provisions went into your Constitution with no Slavery 1 There are about three hun- dred slaves in the Territory of Kansas, This Constitution with no Slavery recognises the existencs of the right of property in those slaves, and d0cla"es that in no manner shall that property be interfered with. In any pro- posed amendment to the Constitution, we are told " that no alteration shall be made to affect the right of property in the ownership of slaves." That was the Constitution with no Slavery. Then we have the Constitution with Slavery ; and I assure Senators that I am as ready to have your Lecompton Constitution with Sla- very, as your Lecompton Constitution without Slavery. Your Constitution without Slavery recognised Slavery in the State, declared that it should never be interfered with, made it eternal. Suoh was the Constitution without Slavery. What a mockery is it to tell the people of Kansas that they had an opportunity to vote for or against making a slave State. But we are now told by the President that we can change this Constitution before 1864, I have no doubt of that. I believe the people have the right to change their Constitution when they please, and just how they please. But what security have we that the men who have been retreating for the last ten years from t\e Wilmot proviso, down to the doctrine that Slavery exists in the Territories by the Constitution of the United States, as much as it exists in Georgia or South Carolina — what security have we that the President cf the United States, that the Congress of the Uwited States, that the Supreme Court of the United States, will not declare that this constitutional provision cannot be changed, that it is of bind- ing force in the new State, and is the eternal law of that State, beyond thereach of the people? I know there are men in the country w!-io have already proclaimed this to be true. You can find in the Southern presses the doctrine that the people have no right to change it. It is held to be a sacred contract of binding foice forever. If the slave-drivers of the South put their foot down, and demand that this shall be the accepted doctrine of the Administration and the Pro-Slavery Democratic party, the Administration and the Pro-Slavery Democratic arty, with all the branches of authority, will a 'opt it as readily as they have adopted any of 6 the monstrous heresies of the past. I have no faith in their promises or declarations. I know that this Administration came into being as the agent of the slave propagandists ; that by them it lives, moves, and has its being ; and without their support it would perish in one hour. Whenever the slave power makes a de- mand on this Administration, or on the Pro- Slavery Democratic party, that demand I know is first resisted by a portion of them in the North, but they surrender in the end. No man can maintain his manhood, and continue to en- joy the confidence of the Africanized Democ- racy of this age. If we had said, Mr. President, twelve years ago, that the Democratic party, which then, in both Houses of Congress, stood up here for the glorious doctrines of the Ordinance of 1787, would have retreated from that doctrine, and come down, down to the doctrine that the Con- stitution of the United States carries Slavery wherever it goes, all over the Territories ; that wherever it goes, it carries chains and fetters for men — they would have justly regarded it as a libel upon them. They have only got a step or two further to go. They have only got to declare — and they have raised the question in the judicial tribunals of the country — that they may take their slaves in transitu through the free States, and then come to the final doctrine enunciated in the Union a few days ago, that these doctrines, legitimately carried out, would prevent the abolition of Slavery in the States by the State Constitutions. I believe they in- tend to come to that. I believe the slave- holding interest will ultimately demand the right, not only tccarry their slaves into the Ter- ritories, and hold them there, but they will de- mand the right to carry their slaves in tran situ through all the States, and then to set up the doctrine which we find in the Kansas Con- stitution, that slaves are property, that property is above all Constitutions and all laws, and that you have no right, by constitutiocal action, or any other action, to abolish Slavery in the States. Then we shall be an Africanized Re- public. The President tells us that the people of Kan- sas, on the 4th of January, by voting for the election of officers under the L3compton Con- stitution, recognised its validity. If the people of Kansas refuse to vote, they are denounced as rebels that have no rights, and they are held to be bound by the will of those who do vote. If they do vote, then they recognise the validity of this Constitution. The President will not be satisfied with their action, any way. The Legislature, finding that this Constitution was not to be submitted to the people, assembled, and summoned the people to the ballot-box, on the 4th of January, to give their votes for or agaitst the Constitution. By the provisions of that Constitution, there was an election to take place on that day. The Free State men wen< to the ballot-box, and by from eleveu to twelv ; ' thousand votes, voted down that Constitution. They wanted to make another protest against it ; and what were they to do ? They could not vote against the Lecomp^on men for State and Legislative officers, without putting up men of their own, and electing those men over them. They nominated a ticket. They went into that canvass to vote down that Constitution, and to vote down the men who supported it. This vote of the people of Kansas against these men, and for the election of Free State men, was an additional protest against your Lecomp- ton swindle ; and it is a perversion of fact, a perversion of truth, a perversion of all that is just, for any man, be he President, Senator, or Representative, to charge that the people of Kansas, by voting for the election of officers, under the Constitution, intended in any way to give their sanction to it. These men went to the«ballot-box, on the 4th of January, to blot out forever the Lecompton Constitution. They knew the people were against it by an over- whelming majority — of five or six to one. They meant to overthrow Calhoun and his corrupt minions in that Territory, who have violated law and justice, who have stained their names and lives by frauds and outrages. They meant not only to vote down the Constitution, but to crush out the men who were endeavoring to force it upon them. The only way to do that, was to elect men, pledged against the Constitu- tion, and who would come here, as they already have done, and ask you, ask Congress, ask the country, to reject it as a fraud on the people. Yet this act, proclaimed to the country and to the world, the President of the United States misrepresents and perverts. Sir, we have had enough of these petty quib- bles in Congress, without expecting them to come from the other end of the avenue. We have had the pleading of technicalities, all the little technicalities and specialties put in on a great question of public policy. All the out- rages in Kansas have been perpetrated under the color of law. Tyrants always rule under the color of law. Instead of asking " what is the opinion of tne people? what do they want ? " — instead of ascertaining what the pub- lic will is, we have had Senators, Representa- tives, and now we have the President, quibbling en technicalities and forms, by which the sub- s ance is to be lost to the people. We have the evidence of Governor Reeder, of Governor Geary, of Governor Stanton, in a paper recently published, and of Governor Walker, that outrages and frauds have, from time to time, been perpetrated in the Territory of Kansas. Now we have before U3 the fruits of all these frauds and all those wrongs. Senators here object to their final consummation. The Senator from Illinois, [Mr. Douglas,] who in- troduced the measure for the repeal of the Missouri Compromise, who for four years has stood here, and before the country, as the champion, the acknowledged champion, of that poliey — a man who, durinar the struggles of the last three or four years, has led here, as he had a nght to lead, the supporters of this policy in the Territory of Kansas and in the country, asks that these frauds shall not triumph ; that these wrones shall not be finally consummated. He asks that the people of Kansas may have an opportunity to vote upon the Constitution, for or as;ainst, before admission into the Union ; and becanse he has paused now, because he simply asks that the people shall have the ri^ht to vote in framinof a Constitution for their own government, he is denounced from one end of the countrv to the other, by the supporters of the policy indicated by the Presid^^^nt in this message. He has not uttered a word or written a line endorsing the views that we on this side of the Chamber hold on the question of Sla- very; but because he now demands that the plighted faith of his party shall be redeemed, that the people phall have the right to vote on their own Constitution, he is hunted dawn in the Senate and in the country. Already he is branded in s^me sections of this Union as a Black Republican, or the ally of the Black Republicans Black Republicanism seems now to be this : any man is a Black Republican who refuses to support the last iniquity, the last crowning act of infamy. No matter though his whole life has been devoted to the interests of Slavery, if he pauses now, if he refuses to allow Slavery to triumph by palpable frauds, he is to be crushed for that act, and to be read out of the Damoeratic party. The Governor of Virginia — that Governor who was ready to dissolve the. Union in 1856 if Fremont was elected, who was ready to call out his militia, and who boasted that they would " hew their bright way through all opposing legions" — ha? pronounced these acts in Kansas " unveiled trickeries " and "shameless frauds," which the people of Virginia would scorn. For that declaration he is denounced in Virginia and throughout the country. You have had Reeder, Geary, Stanton, and Walker, sacri- ficed. Now you propose to sacrifice the dis- tinguished Senator from Illinois, and the hard- ly less distinguished champion of the Pro-Sla- very Democracy of the Old Dominion. You propose to drive everybody out of this Admin- istration party who refuses to consummate this last iniquity, to make effective this last crime in the interests of Slavery. I hope, Mr. President, the motion I have made to instruct the Committee on Territories to investigate everything connected wiih the formation of the Constitution of Kansas, will be adopted by the Senate. If Senators are disposed now, at this time, with all these frauds, all these wrongs, before this nation, to investi- gate and be guided by the facts, the country will give them the credit of being actuated by a sense of justice. The ear of this countrj is pained with the crimes and frauds that have been perpetrated in Kansas. No man, here or elsewhere, can doubt them for a moment. The voice of the people of Kansas comes here in a thousand ways, and asks us to reject the ap- plication, because it has been fraoaed and car- ried throush in violation of the public will. I say, then, that if we reject this proposition to instruct the committee to go into a full and thorough investigation, it will be understood in Kansas and in the country, and throughout the world, that the Senate of the United Sta'es sanctions the frauds by which a Constitution, made by a small and contemptible minority, under the lead of Government officials, has been forced upon the people of Kansas, con- trary to the clearest expressions of the popular will. If the Senate shall refuse to institute the most searching inquiry into all the matters concerning the formation of this Constitution, it will stand before the world, and go down to after ages, associated with the men who have, by violence and fraud, forced the accursed sys- tem of Slavery upon a reluctant people. Remar'ks of Mr. Wilson, in Reply to Mr. Brown^ of Mississippi, on the 4th oj February, 1858. Mr. WILSON. Mr. President, the Sena'or from Mississippi has told the Senate and the country that he loves old wine better than old speeches. The Senator and myself differ in our tastes. I love old truths better than old wine. I was led to suppose, from the declaration of the Senator, that we were to have nothing old, stale, or threadbare, in his speech ; that we were to have something original, fresh, racy, brilliant — something that was to thrill the Sea- ate, charm the gallaries, electrify the nation, and carry the Senator's name all over the coun- try, to receive the admiration and applause of the people. I have listened to his speech, to his declarations, to his assertions, to his itera- tion of old errors, oft refuted in this Chamber and in the other ; and I am sorry to admit that Ihave heard nothing Eew, original, or striking — nothing which the Senator might not have foaad in the old speeches he so abomiaatea. The;.e is one declaration, however, which seems to me to have something of originality about it. He told us that he did not expect to maks any con- verls on this side of the Chamber. This modest avowal of his expectations brings to mind a couplet of Pope's, that we should •' III every work regard the writer's end. For none cm compass more than they iijtend." After listening to the Senator's long and la- bored speech, I am sure that we shall all admit that he has not, in this case, compassed more than he intended. The Senator could hardly expect to win any converts on this side of the Chamber, to his principles or to his sentiments, by logic so often refuted, or by the iteration of palpable errors. The Senator assured us that he approved cf the President's message, hut that he did not ex- pect us on this side of the Chamber to approve it. I did expect him to approve it, and I am not dis'jppointect; for the message is a complete and absolute public surrender, by tbe President or the United State:?, to the principles, the doc- trines, the policy, and the sentiments, of tbe slaveholding propagandists of this country— of men who are now, and have been during the past few years, pursuing a policy looking to the ultimate triumph of the slaveholding interest in f>i8 country, or to the dissolution of this Repub lie, and the establishment of a Southern Con federacy, based on military principles. The Senator supposed, he tells us, that we would not endorse these doctrines, because we w°re sectionalists— we were the sectional Ra- rublican party I Sir, what principle have we avowed, that is not incorporated into the I>ecla- ration of Independence, the Constitution of the United States, and the grand old Ordinance ot 178Y, which received the sanction of the framers f f the Constitution, and the great national men of thf' Republic ? What policy have we avowed, that has not received the sanction of Washicg- ton, of Jefferson, and of the great men of the "country, North and South? I say to-day that we have not avowed a principle, declared a pol icy, or pronounced a sentiment, here or in the country, that has not received the sanction ct tie mightiest men of this Republic, ffom l77o up to within the last few years. We have de- clared everywhere that Freedom is national ; that the doctrines of human rights underlie our free democratic institutions; that all our insti- tutions grow out of the absolute recognition of the equal rights of all men. We have main- tained that in the Territories, under the national authority, under* the protecting fold^of the i Hf^tional flag. Freedom and free institutions for ail men go^ where the flag of the Republic goes. We have acknowledged that the system of Slavery is nothing but a municipal institu- tion, founded on Stale law, and limited to State lines. This was the doctrine of all the fathers ot the R-jpublic— of all the great statesmen who have associa.ed their names with the lib- erty, honor, and renown, of the Republic. There was a time when these sentiments and opinions were deemed national by the people of the country, and by the statesmen of the coun- try, North and South. Repudiated, spurned, proscribed now by the Senator from Mississippi ard his political associates, the time is not f»r distant when these sentiments and opinions of the fathers will again animate and guide the 8 vns. To that dawning future we calmly appeal from the verdict of the Senator from Mississippi aid his slave extending compeers. Standing on these national doctrines, anima- ted by these ideas and sentiments, we have- not a-'Bumed to control the slaveholding Scates ot fpia Uiion. We have recognised S;ate rigb'S, h'^t, we have claimed authority to save the T.-r liberies of this R'-"public forever to free men and to free institutions. Do you call this sectional ? If it is sectional, Washington, Jefferson, Md.di- son, arid Monroe— all the great men of the prist— were sectionalists. This charge of sectionalism comes with an ill grace, especially from the Senator from Mississippi. Eight years ago, in the other House, when California had franied a Constitution which had received the sanction of her whole people, organized a State Govern- ment, and came here and asked for admission, the Senator from Mississippi promptly took the floor, and resisted her admission, because it would disturb the equilibrium between the *ree and slave States -of this Union I Mr. BROWN. I have no objection to the Senator's slating his position, but I do object to his giving my reasons for it. I would rather do that myself. I did object to the admission of California into the Union, and I did it because her Constitution was not formed through any legal agency proceeding from Congress or anywhere else ; because the Convention which made the Constitution was assembled upon the motion of a military Governor, not authorized fo exercise over the country even civil control, fle appointed the time, place, and manner, of holding the election. I thought it an irregu- larity 80 gross as not to be overlooked. I thought that was very much like the Dorr case, >r the Brigham Youn? case. Mr. WILSON. I will call the Senator's atten- tion to one of his old speeches ; and I com- mend him to the study of old speeches, espe- cially his own. I like my old speeches, because I always intend they shall be so sound in prin- ciple, correct in sentiment, and accurate m fact-., that I can refer to them with safety. In the speech before me, the Senator froni Mississippi, while he opposed the admission of California for the reasons he now states, op- po^fd it also avowedly on the ground that it would d^-stroy the balance between the free and the Slav 3 States. This doctrine of the balance between the North and the South came from the brain of Mr. John C. Calhoun. _ There is nothing national in it. It is a sec^onal idea, proclaimed in support of a sectional interest and a sectional institution. A balance between the North and the South ! A balance between the seventee-G millions of Northern freemen im^he seven milliocs of Southern freenaen I A b%'avce between the minority and majority jf the country! The whole doctrine ia anti- democrfiuc, is" local, is sectional in all its as- pec s, and should be scouted from this Cbam- ioftr ani from this country, as a dortrine at war with our republican instituti-ns nrd our re- publican ideaq. But, sir, to the old speech of the S?natoT from Mississippi, ard I commend him {'■ t'^e reading cf his old ep'^ch-^s. He '• What. Mr Chairman, is to be the efftct of admitting C-.hf. rnia iii o the Union as a State ? Iiulependenl, sir, of Ell the ohiections I have been pointuifr out, it will ej- fectiialluuniiinsethat sectional balance u-hirli has so long a,nl hnimilii existid between the two ends of the Vnion, ana at once ^ive to the North that dangerous prepunderance in thj tfeuiue which ambitious politicians tiave so er.r- nestly d-^^ired. The admission of one such State as Cal- ifornia opens the way for, and renders easy, the admission 9 i>f another The President already prompts New Mexico ?o a Uke course. The two will reach out their hands to a third and they to a fourth, fif'h, and sixth. Thus pre- cedent' fo lows precedent, 'with a locomotive velocity chanVe the Constitution. When this is done, the Con- rriT™ WILL BE CHANGED. That public Opinion to whkh Senator Seward so significantly a ludes, wil be ^en, and its power will be fell ; universal emancipation will become your rallying cry. Here, sir, we have the declarations of the Senator from Mississippi, against the admissiou of the new State on the shores of the Pacific, because its admission would "unhinge the sec- tional balance between the two ends of the Union ! " Yet the Senator, with this old speech of his on the record, assumes to read lectures to me— to denounce me aa a sectionalist. Can assurance go further ? Sir, the Senator " abominates old speeches, but I must call his attention to other avowals in this old speech of his : « My own opinion is this : that we should resist the in- troduction of California as a Slate, and re_sist it success- fully ; resist ii by our votes first, and lastly by other means. We can, at least, force an adjournment without her ad- miss on. This being done, we are safe The Southern States, in Convention at Nasliville, will devise means for vindicating their rights." That disunion Convention, which met, as Mr. Webster said, over the grave of Andrew Jack son, were to settle it. The Senator who taimte me with being actuated by a sectional spirit, would throw California out of Congress, and appeal to the sectional, disunion Nashville Con- vention. This is a specimen of his nationality, and a fine specimen of nationality it is I " I do not know what these means will be, but I know what they ?niy be, and with propriety and safety. They may be to carry slaves into all of Southern California, the Dronerly ofsoverei^n Stales, and tliere hold them, as we have a right to do so ; and if molested, defend them, as is both our right and duty. . , , " We ask you to give us our rights by non-interven- tion; if you refuse, I am for taking them by armed occu- pation." Yes, sir, the Senator then was for keeping California out of the Union, going to a disunion sectional convention, and sending slaves to pop- ulate California, and defending them by force if the people there objected I Now, the Senator says that I and those who act with me are sectionalists. I have referred to our principles and our policy, and I appeal t > Senators on the other side of this Chamber to 8 iy if the Senators on this side, fromthe time they came here to this hour, have not, in all otir le^t-'lation connected with the affairs of this country, looked over this broad land, and given our votes for your interests, for the interests of the South, as much as we have given them for the interests of the North ? Senators, you know it ! The records of the country prove it ; and they contain, too, your confessions and admis- sions that it is so. B it the Senator from Mississippi says our policy tends to build up two great interests in the country ; that we shall have a united North end a united South, and that this is to lead to a dissolution of the Union. The Senator now makes professions of devotion to the Union. In the speech from which I have quoted, the Sen- ator says that, while we of the North have been making profsssions of devotion to the Union— Our people have been calculating the value of the Union * * * I tell you candidly we have calculated the value of the Uiion. 'Love for the Union will not keep us in the Union.' " He flippantly told us that they had "no fear" of the dissolution of the Union, and that the South could maintain its power. The whole tone, temper, and sentiment of the speech, look not to the support of the Union as our fathers made it, but to the triumph of a sectional Southern policy, to the expansion of Slavery, to the domination of the Slave Power, or to the ultimate overthrow of the Government of this country. I think there will soon be a general union in the North, as there is now in the South. We are fast coming to it ; and let me tell the Sen- ators on the Administration side of this Cham- ber, that if they consummate, if they support— whether they succeed or fail — the bringing of Kansas into the Union under the Lecompton Constitution, with a knowledge of all these monstrous frauds scattered over the land, com- prehended by the whole country, they will do more to unite all honest, liberty-loving, God- feariug men in the North, than has been accom- plished by any act ever adopted by this Gov- ernment. Your Kansas-Nebraska policy of 1854 shivered to atoms that great Whig party which had battled, sometimes successfully, for power here, under the lead of some of the most accomplished statesmen of the country. An- other party sprang up — the American party. It paused, it faltered, and it went down under the general judgment of the people of the free States. The Republican party rose in one year from a few thousand men, and gave at the last Presidential election one million three hundred and forty thousand votes. It came much near- er than you wished it to do, taking the control of this Government — of this country. Go on, gen- tlemen of the slaveholding States, in your avowed policy of Slavery expansion and Slavery supremacy, by forcing Kansas into the Union under the Lecompton Constitution, against the known will of the people of that Territory, and their earnest appeals to your sense of justice, truth, and honor, and you will arouse the peo- ple of the North, already deeply incensed by your policy, by the violence and frauds jour creatures have perpetrated in Kansas, to rise in the majesty of conscious power, thrust your subservient allies from power, take the Govern- ment, and overthrow forever you and your pol- icy. I tell you here to-day, that your support of this gigantic crime against the liberties of the people of Kansas is bringing upon you the con- demnation of the country and the world. Sir, the people of the free States now com- prehend your policy, and your purposes of Sla- very expansion and Slavery domination, and they are preparing to baffla and defeat you. 10 They will triumph. Doubt it not. The opin- ions they entertain, the policy they avow, the sentiments which swell their hoioms, are f?eep- ening and spreading all over this land. Tho^e opinions and ?entiments will unite the North- ern people. They will spread over the slave line as tliey have done, for they have gone into Missouri; they have brought into the other House one of the ablest and mos^ accomplished members of that body, from the Southern State of Missouri Sir, they are to pass over South- ern Jines. These sentiments and opinions can- not be hemmPd in by lines of latitude or of longitude. They will yet be adopted by fair- minded and honorable men everywhere, who Jove their country, who love justice and libe-tv • and whenever anybody shall raise the black „-n °^^^^ery and disunion in the South, he will find leaping from the ranks of the people, thousands of patriotic men who will stand by this CxovernmeDt and defend it. The Senator from Mississippi tells us that the tirst troubles in Kansas grew out of the forma- tion of the Emigrant Aid Society. That Socie- ty, he tells us, came f om a secret Congressional organization. The Senator is mistaken in his ^v-l ,-^^«, secret Congressional circular to wnich he refers was issued in the summer days, atter the passage of the Kansas-Nebraska bill, ine billincorporating the Emigrant Aid Soci ety was introduced into the Legislature of Mas- sachusetts in March, 1854-more than sixty Jays before your Kansas-Nebraska act passed It passed the Legislature of the State, and re- ceived the sanction of the Governor, in April— torty days before the Kansas-Nebraska act passed Congress. Instead of this secret circu- lar being the father of the emigration move- ment, you might turn it around the other way, ana gay the emigration movement created this secret Congressional movement. The Senator 13 mistaken in this assertion. I commend him to the study of old facts. Then the Senator dwells on the fact that the ^migrant Aid Company was incorporated with a capital of $5,000,000, only $20,000 of which could be used in the State. Does not the Sen- ator know that the Emigrant Aid Society was never organ-zed under that act at all ? No or- ganization under it took place, but the corpora- tors went to the next Legislature, and got a rlZ, «1 nnn^.T^^ ^ ^^P^^^^ ^^ 11,000,000. That ILOOO^OOO of capital is mo^-tly on paper. ihe company have a capital of $110,000 paid in, and it has been invested mostly in mills, churches, school houses, and lands. They never irom the days of their organization to this hour sent a man into the Territory of Kan=as-not one ; no sir, not ore to vote. They have s^nt no arms into the Territory; theirs has been a mission of peaceful industry. I tell the Sena- tor here now, that this company organized em gration; that it reduced the expenies of going ^}%A Zi^ ^"1 ^°''y P^"" ^««t' i and that is all u aia. ihey have never asked whether a man was for or against Slavery. The first company that went to the Territory got there on the 5th day of August, 1854 It was a comnanv of thirty men, who started for the TerritorV under he auspices of Mr. Thayer, now a member o- ^e House, and who originated the movement. l>aring the autumn of 1854, a few hundred persons availed themselves of this organization thef° *° ^^^ Territory, as emigrants, to live The Senator from Mississippi tells us that the. Senator from Illinois [Mr. Douglas] char- ged that they committsd misdeeds on o-oing there We denied it then. He did not prove It. _ Ihose who make charges of that kind against men are bound to prove those charges true. These men are presumed to be innorent until they are shown to be guilty. I say th^re 18 not evidence before this country that any man who went there under the auspices of the immigrant Aid Society, ever perforrned any ille- gal act on his way there, or in that Territory. Ihey were as law-abiding, upright, conscien- tious men, as can be found in any part of New England, or of this country. They were th- picked men of New England. Those emigrants who went out under the au9pice3 of that Emi- grant Aid Society averaged better than the people who remained at home. They were the intelligent, upright, law-abiding young men of Massachusetts and of New England. Prom the time they went there to thia° moment, you can find no record, in or out of the Territory, that they have violated laws of the United States— that they have ever committed any offence, or ever been arrested or punished for any offence. They stand before the country as those old Pilgrim Fathers stood, who landed at Plymouth in 1620, and they are animated and guided by as elevated motives and as lofty aims and purposes But the Senator from Mississippi would have us understand that those "irregularities," as he mildly designates the viohnce and frauds which transpired in that Territory in regard to the election of ! 855, were brought on by these men. Doss not the Senator from Mississippi know— if he does not know it, he ought to know It— that the House of Representatives sent a commission to that Territory ; that they thor- oughly investigated the whola subject; that they examined the names of the two thousand nine hundred voters residing in the Territory • that they found how many of those men voted' that they saw on the poll-books the names of four thousand nine hundred men who went there from Mi58ouri ; that there is no mistake about these Missourians voting on the 30th of March, 1855 ; that this fact is as c^ear as mathe- matical demonstration ? Senators may smile • .but this fact has been proved, absolutely proved* and no man can deny it. This fact is also proved : that from the closing of navigation in the autumn of 1854, up to the day of election, on March 30th, 1855, there went into tljat Ter* 11 ritory'but one hundred and sixty-siz men, women, and children, under the auspices of the Emigrant Aid Society. Ninety-seven of these were men, and thirty seven only of all of them voted at that election. Thirty-seven men, un- der the auspices of the Emigrant Aid Society, voted on that day. From the time of the or- ganization of that society up to this hour, no men have gone out under its auspices to vote Thoee persons under the auspices of the Emi- grant Aid Society went to the Territory emi- grants, and not for the purpose of voting. The Senator from Mississippi seems to think there was nothing very wrong in the election of the 30th of March. Why, sir, it has been proved that only fourteen hundred actual resi- dents of the Territory voted, that over seven hundred of them voted for Free State men, and that the Free S*ate men had a majority of six- teen out of eighteen districts of the actual voters. Even the town of Lawrence gave eight or nine hundred votes ! They were cast mostly by the Slave State men who went there from Missouri. There were but two or three Slave State men in that city; one was the Postmaster, but he could not go for these crimes, and the Administration found it out, and turned him out of office. These facts stand on the records ; they have been proved to the country. They were first denied, then apologized for. These frauds did take place, and they vitiated every- thing in the Territory from that time to this ; they have been the prolific source of all , the strifes which have marked the history of the Territory. The Free State men, overborne by this inva- sion, felt that their rights had been taken from them, that they were outraged ; they saw that a Government was organized which put them all under the ban — a Government that required a test oath. They saw a Government organized by fraud, and sustained by force ; they saw they had no power; that they were as absolutely powerless as were the people of the tyrant of Naples. The doctrines of the fathers had taught them that the people were the source of power ; that, in the language of Alexander Hamilton, "the streams ot power came from the pure, orig- inal fountain of the people." They believed, with Mr. Jefferson, that the " majority had a right to depute delegates to a Convention, and to make a Constitution for themselves." They believed in your Kansas-Nebraska act, and I sup- pose they were the only people in America who had any abiding faith in it ; for it appears that the Senator from Mississippi and most of his as- sociates have none, and I do not know any- body on this side of the Chamber that was ever deceived about that act. They, by an act of original inherent sovereignty, called a Conven- tion ; they framed a Constitution ; they had it endorsed ; they have been denounced as rebels for that act, and for passing laws enough to keep up the organization, so that if they were ever driven to it, they might use that organiza- tion to defend their lives, their liberty, and their property. They have never attempted to enforce one of those laws, and yet the Senator from Mississippi denounces their acts as rebellion I Rebellion I Why, sir, did Michigan rebel in 1836 ? Did not her people establish a Govern- ment ? Did they not drive out, or rather turn out, by the expression of the popular will, the Governor sent there by Andrew Jackson ? Did not Andrew Jackson sustain them ? And did not James Buchanan, in this Chamber, defend them ? Did he call it rebellion then ? The people of the State of California formed a Con- stitution without authority. Were they rebels ? Minnesota has framed a Constitution with your leave. She is framing laws under this Consti- tution, before her admission into the Union. Are her people rebels ? This charge of rebellion against the people of Kansas has nothing of truth in it. It is a libel, a slander, come from what source it may. The Senator tells us that the people ordered this Constitutional Convention. The first Leg- islature, chosen by the men from Missouri, passed a law that in October, 1856, the sense of the people should be taken. In October, 1856, a vote was taken, and about two thousand three hundred men voted on that occasion. On the day on which the vote was taken, laws were on the statute-book, requiring a test oath, an oath to eupport the hideous fugivive slave law ; and no man of principle or honor would take that revolting and degrading oath, so none could vote. Do you suppose that liberty-loving. God-fearing men, would take that infamous oath ? Then every ballot box was in the hands of men appointed by this Territorial Legisla- ture. The people had been to the polls once, and they met an armed invasion ; they were cheated, overborne, and defrauded. Laws had been passed, requiring this test oath to be taken, and taxes to be paid, and the voters were to be ?:i7en into the hands of men who had cheated and robbed them of their rights. Of course, the people of the Territory did not vote. They would have been craven spirits if they had voted. Then, Mr. President, the Legislature assem- bled, January, 1857, and they passed an act calling a Convention. If Senators will exam- ine this act, they will find that it was intended to cut off the spring emigration into the Terri- tory. They knew they had possession of the Government, and that they could control the Territory, and shape its future. They refused to provide for the submission of the Constitu- tion to the people ; and Governor Geary tells us that, when he said to these men, " I will sign this bill if you will submit the Constitution to *he people," they said they had been advised by their Southern friends, not to submit it to the people, because, if they did not, it would secure Kansas as a slave Slate. Sir, this with- holding the Constitution from the people is a part of the plan originally adopted to defraud 12 the people, to baffla their will, and to force npon them a. loathed and abhored institution. Who were to take the census ? Who were to register the voters? The officials appointed under this Territorial bogus Legislatare — yes, sir, bogus in every sense — were to take the census and register the voters. Governor Stan- ton and Governor Walker tell us that in nine- teen counties no census was taken, and in fif- teen counties no registration. There was a paper read the other day, headed by Henry Clay Pate, undertaking to get over the force of that charge. I have examined this paper, signed by Henry Clay Pate, and in eleven lines there are twelve absolute lies, and the law book of the Territory shows it. Do not Senators know that in some of these counties there was a large population, that they gave more votes at the Oolober election than were given for the election of delegates to the Constitutional Convention in June ? The Senator from Mississippi thinks this can not be true, and he quotes the appeals of Gov ernor Walker when he first went into Territory, against Governor Walker after he had spent months in the Territory. He went there as Saul went to Tarsu? — he did not understand the affairs of that Territory. Mr. Stanton is frank enough in the admirable address he has just published to the people of the United States — an address marked by truth, by candor, and by everything that should win for him the respect of fair minded men — to declare that when he went to that Territory he did not underEtand its affairs. The honorable Senator from Mississippi would display more fairness if he would quote to U3 the words of Governor Walker after m'onths of residence in the Terri tory had made him familiar with the condition of affairs. The time and conditions fixed npon by the Legiidature were intended to cut off the population that would pour into the Territory from^ March to the third Monday of June. The machinery and the carrying into effect the whole arrangement were intended expressly to take possession of that Territory, and make it a slave State. Mr. PUGH. Will the Senator allow me to make a suggestion ? Mr. WILSON. Certainly. Mr. PUGH. I understand the Senator com- plains of the Convention act of 1857, because it was designed to cut off the spring emigration of that year. Ami right in that ? Mr. WILSON. Yes, sir. Mr. PUGH. Then why does the Senator complain that the spring emigration of 1855 voted ? It ia as long as it is broad. Mr. WILSON. I will state the difference. This act provided for taking the census ; and I think it was to be closed in April. Then the names were to be placed in the hands of of- ficials, who were to make up the registration. This was to be done early in May ; a residence of six months was required, to entitle a man to vote. It cut off the thousands who went there as actual residents in March, April, May, and the first three weeks of June — men who were to cast their fortunes in that Territory. The four thousand nine hundred men who went over from Missouri in 1855, wen^ back the next day ; marched back with banners and music ; they were not, and did not intend to be, residents. That is the difference. I hope Hhe Senator from Ohio sees it. I complain that the m*en who go there to live are cut off. I do not com- plain that the men who go there to vote should be cut off, whether they go from the North or the South. The Ssnatorfrom Mississippi quotes Governor Walker, as saying, on the 27th of July, that there was no longer any fear of invasion from M'ssouri, and the people could vote. Hare is another of the Senator's inaccurate statements. The people elected delegates on the third Mon- day in Jane, and this letter was written on the 27th of July. The Senator froin Mississippi ougrht to be a little more accurat? in his facts, and I commend him to the study of old speech- es, to listen to old speeches with patience, until he is better posted in his facte. G )v. Walker in this letter has reference to'the October election, to the Legislature under the Territorial laws, and not the election of delegates to the Conven- tion. The people voted in October. Ic their 9ih of June Convention, before the delegates were elected, the p? ople assembled in the largest Con- vention ever held in Kansas; they discussed the questions connected with the interests of the Territory for two days, and voted with only one exception to go into the October election. They voted to elect their officers under the Topeka Constitution ia the first week of August. They did elect officers under the Topeka Con- stitution, and they went into the Territorial election in October, and carried that election also. But the Senator from Mississippi has great doubts about frauds. Does he cot know that the people were nearly being cheated out of their Legislature ? If Governor Walker had not assumed the responsibility of throwing out some fraudulent votes, the people, who tri- umphed by five thousand majority, would have been cheated out of the Legislature. The frauds at Kickapoo, at Oxford, and in McGee county, if allowed to pass uncorrected, would have lost them the Legislature * Governor Walker saw that these frauds were so great that he must reject them, and he did reject the McGee and the Oxford frauds. Mr, FESSENDBN. He rejected them for in- formality. Mr. WILSON. He rejected them, as the Sen- ator from Maine suggests, for informality ; but he went down to Oxford and found " six houses" aad only a few people there. He found that over fifteen hundred fraudulent votes had been returned, and he threw out the returns. In answer to a question of the Senator from 13 New Hampshire, the Senator from Missiasippi said there might be occasion to go behind the instrument, and investigate the frauds. Now, what are the charges ? That there were frauds in the elections of the 2l8t of December and 4th of January, everybody knows. The Con- vention which framed the Lecompton Constitu- tion was elected in June. It met, and adjourn- ed to a period after thq October election. When they saw that the Legislature of the Territory was taken possession of by the Free State men, they changed their tactics. It is true, as^ the Senator from Mississippi tells us, that meetings were got up, asking Calhoun and hia associates not to submit the Constitution to the people. Calhoun and those men had pledged themselves to do it. On the demand of the President, on the promise of Governor Walker, and the dec- larations of the Washington Union, they had promised the people of Kansas that they would submit the Constitution to the people. They provided for its submission in such a way that Governor Walker could not correct frauds, as he had done iu the case of Oxford and McGee county, and so that Calhoun could have the matter in his hands— a man who would noi only permit the frauds, but, if necessary, make the frauds himself. He was just the man to do it ; for God never allowed to walk the green earth any man who more richly deserves to die a traitor's death, and leave a traitor's n&me, than John Calhoun. Mr. GREEN. Say it to his face. , _ Mr. WILSON. I have said it here, and it goes on the record. I have no fear of the tools of border ruffianism in Washicgtoa or in Kan- sas. I am able to take care ot myself. I will try to do so, at any rate. Sir, this John Cal- houn has cheated and defrauded the people ot Kansas out of their sacred rights. He has com- mitted a crime against the liberties of the peo- ple, which will associate hie name with tyranny and tyrant?, while the history of Kansas Shall be read and remembered by mankind. The Senavor fi-om Mississippi justifies the refusal to submit the Conatitution. Why, sir, it has been the policy in ail the States to ascer- tain the popular will by submitting Constitu- tions to the people, to ascertain the popular will. These men knew that, if they submitted the Constitution to the people, it would be vo- ted down, four or five to one. The President says they would have voted it down, because they did not like the source from which it em- anated. What business was it to John Calhoun, or to that Convention, or to the President of the United States, whether the people of Kanaas would vote down the Constitution or not ? That was their business. It does not belong to the President or his Cabinet to pronounce on their motives for doing it. It is an insult to a free people to talk to them in this language, wheth- er it comes from the Executive mansion or that class of men who formed the Convention that assembled in Kansas. The Senator repeats the declaration of the Executive, that the people had an opportunity to vote on the question of making Kansas a free or slave State. The vote was taken on that provision of the Constitution, whether Kansas should be a slave State, with the slave trade, or whether Kansas should be a slave State, without the slave trade. That was the whole of it. Kansas was to be a slave State anyhow. In order to make it a slave State, without the slave trade, the voter had to vote for the Constitution. No one could vote against it. It was one of the most stupendous msulta to a free people, that a body of usurpers ever offered. They took their votes. They have returned six thousand seven hundred votea at that election— thirteen hundred down at this little township of Oxford. The town of Kicka- poo gave nearly eleven hundred votes— a town that cannot have legally more than four hun- dred voters. Pour or fivi towns make up ihree thousand fraudulent votes given on that day. No man, who knows anything of Kansas, believes that there were more than twenty-five hundred, at the utmost, legal votes given in Kansas on that Constitatiou. Sir, Secretary Stanton tells us, in hi? addtpss to the A-merican people, that enormous frauds have been perpe- trated at the precincts of Oxfoid, Shawnee, and Kickapoo ; and it may well be bdieved that this result was actually designed by the artful leaders, who devised the plan and framework of the Lecompton Constitution. Sir, the Legislature have appointad commis- sioners to investigate the alleged frauds at Kickapoo and some other precints. The evi- dence already t!?,ken before ihe commissioner 3r,;ves beyond all quesiion that enormous frauds have been perpetrated. John C. Vaughn, a gentleman not wholly unknown to the country, testifies that he went to the polls with Thomas Ewing, jr., son of the distinguished Ohio states- man. When he arrived at the polls, at a quar- ter past four o'clock, the officers informed him that *' 467 votes had been polled." " Double voting," he says, " was barefaced, so barefaced that 'the judges inside and the bystanders out- side could not help seeing it." More than one thousand votes ware returned by the officers, and this, too, in a place where the oldest residents testify before the commis- sioners that there are m t over three hundred and fifty voters. Mr. Joseph Cornell, a Depu- ty United States Marshal, testifies that, the polls were early surrounded by about " one hundred men and boyo, armed with hicko:y cluba two and a half feet long'"'— that some of them threatened " to shoot the firat man who chal- lenged a voter "—that he went to Capt. Brown, and made in writing a demand for troops '* to protect the p^Us "— " that he agreed to do it, but after holding a private conversation with Gen. Whitfield, he declined to do so "—that " Mr. Ewing took hia dispatch to Gen. Harney, and Harney sent ordera to Brown to obey hia 14 commands, bnt it was then four o'clock, and too late to be of service." This U. S. Deputy Marshal testifies that he " saw one man vote three times within twenty minutes " — that *' he went up to vote seven times " — that he chal- lenged him three times, but he got in four votes. He also testifies that he saw others vote two and three times. Mr. William W. Galla- ger testifies to seeing one man " hand in six tick- ets, one at a time, before he left the window." The Cincinnati Times publishes a letter in regard to tliis investigation ; and I wish to call the attention of Senators to it, especially the Senator from Missouri. The St. Louis Demo- crat makes an abstract of this correspondence. "On Vhe original poll book of the vole on the Conslitu- tion, December 21 , 1857, which book is now on file in the county recorder's oflice in Ijeavenworlh, it was discover- ed that James Uuclianan, President of the United States, cast the two hundred and seventieth vote." Mr. SEWARD^ What day was that? Mr. WILSON. On the 2l3t of December. Mr. GREEN. For or against Slavery? Mr. WILSON. " For the Constituton with Slavery," of course. The Senator need give himself no anxiety about what vote James Bu- chanan would give, in Kansas or out of it. I wish the President would go to Kansas. He has sent out his Governors there, and they went as men sent out of old, to curse the people, and they come back blessing the people. If the President could be there a few weeks, he would become a wiser and better man. Instead of de- nouncing these people as rebels, I think he would come back and say that he had found a people loving liberty, law, and order, who had been oppressed by a class of his corrupt and unprincipled officials. "Next on the li?t of distinguished names appears, as the two hundred and seventy-sixth voter, William H. Seward, of New York." [Laughter.] They do not say how William H. Seward voted on that day, but we all know how William H. Seward would have voted, if he had been there. "393d. Thomas F. Marshall, of Kentucky. 714th. G. W, Brown, editor Herald of Freedom. Then, S59th, John C. Fremoiii " [Laughter.] Mr. GREEN. How did he vote? Mr. WILSON. The record does not state how any of them voted except Bucbauau. At the 4th of January election, Delaware Crossing gave, it is said, forty-three votes. These votes had not got in when Governor Denver, and Mr. Deitzler, and Mr. Babcock, counted the votes. It now turns out that the returns have come in from that Crosaing, where forty-three votes were given, and they have re- turned three hundred and forty-nine for the slave ticket, and that ticket is elected by that vote — being eight Representatives from Leav- enworth district, and three Senators, making a change of six in the Senate and sixteen in the House, changing the whole political complex- ion of the State. Sir, this infamous fraud, by which the people of Kansas were defrauded of their rights — by which the Pro-Slavery State and Legislative tickets have triumphed, is fixed, beyond all doubt, upon John Calhoun and his abhorred compeers. James C. Grinter and Isaac Mun- dee, two of the judges, testify that forty-three votes were given — all Demccrates votes — that is, all Pro-Slavery votes, for Democratic votes and Pro-Slavery votes are one and the same in Kansas, as they are getting to be all over the country. They testify that these votes were placed in a box, and delivered to John D. Henderson, to be delivered at Leavenworth, to Mr. Oliver Diefendorf, a commissioner appoint- ed by John Calhoun, his brother-in-law. Hen- derson testifies that he left Delaware Crossing that night at eleven o'clock, and that he placed the box containing the votes in Diefendorrs hands about noon on the 5th. He testifies that " six days after he gave the returns to Diefendorf, he asked him if he had sent them to Calhoun, and he said he had." By this tes- timony of John D. Henderson, these returns were made to Calhoun before the 11th of Jan- uary. On the 14th of January, the returns of the election of the 4th were counted at Ls- compton. Governor Denver, and the President of the Council, and the Speaker of the House, were invited to be present. Henderson was then at Lawrence, a prisoner, charged with altering the.3e returns. Colonel J. H. Noteware, recently from Chicago, now of Kansas, a gen- tleman with whom I travelled several days last May in the Territory, testifies that he went to Lecompton on the day the votes were counted ; that before he left Lawrence, Henderson sent by him a message to Calhoun " not to count the votes until he could see him ; " and that he requested him to ask Governor Denver " to urge Calhoun not to open the returns of that pre- cinct until he had seen him." Although these returns were delivered to Diefendorf on the 5th of January, and he told Henderson before the 11th that he had delivered them to Calhoun, they were not counted on the 14th ; and Cal- houn stated, says Colonel Noteware, that " they had not been received, and that he should hold the matter open until he heard from that pre- cinct, before he declared the result of that county." Thug, by deception, falsehood, and by fi:aud, the people of Kansas have been de- ceived, betrayed, and defrauded, by men who deserve a felon's doom. The frauds in Kansas are patent to the whole country ; nobody doubts them. There is not an intelligent man in America who doubts them. Secretary Stanton well says — and I com- mend his words to Senators, who raise doubts concerning these frauds — " The frauds commit- ted are notorious ; and though dishonest per- sons may deny them, and fill the channels of public information with shameless representa- tions to the contrary, they can be easily estab- lished beyond all controversy." Sir, why is it, when these charges have gone over this country, that the President of the 15 United States, against the protests of some of the ablest and best men cf his party, in this body and in the other House ; against the voice of the press of his party, in the Northwest ; against the intelligence that comes flashing over the wires and by mail, by presses, and by letters from all quarters of the Union, sends in this message, misrepresenting, misstating the affairs in Kansas, and pressing its prompt admission ? Why is it that Senators — honora- ble men — men who ought to scorn to do a mean thing — also press it ? Why is it that this is pressed, to be hurried through, and this act consum 'Dated, when we know that, on the 4th of January, twelve thousand men of that Ter- ritory vcted against this Constitution, and that there were only fix thousand votes cast for it on the 2lEt of December, of which three or four thousand were unquestionably fraudulent? There is only one power on this continent which ccu'.d thus control,' direct, and guide men, and that is that gigantic slave power which holds this Admin'stratioii in the hollow of its hand, whi.h guides and directs the Democratic party, and which has only to stamp its foot, and the men who wield the Government of this country tremble, submit, and bow to its will. Senators talk about the dangers of the coun- try. Great God 1 What are our dangers 1 The danger is, that there is such a power, a local, sectional power, that can control this Government, can ride over justice, ride over a wronged people, consummate glaring and out- rageous frauds, and override and trample down the will of a brave and free people. That is the danger. The time has come when the freemen of this country, looking to liberty, to popular rights, to justice to all sections of the country, should overthrow this power, and trample it under their feet forever. The time has come when the people should rise in the majesty of conscicus power, and hurl from office, and from places of influence, the men who thus bow to this tyranny. Senators are anxious about the Union. The Senator from Delaware [Mr. Bayard] today thought it was in peril. Well, sir, I am not alarmed about it. I am in the Union ; my State is in the Union ; we intend to stay in it. If anybody wants to go out, Mexico and Central America, and the valley of the Amazon, are all open to emigration; let them start. I shall do nothing to keep them in the Union. I shall not hold them back, or mourn over their de- parture. Bat all this continent now in the Union is American soil, and a part of my coun- try ; and my vote and my influence, now and hereafter, will be given to keep it a part of my country. Mr. GREEN spoke warmly in reply to Mr. Wilson. Mr. WILSON. A very few words, Mr. Presi- dent, in response to the Senator from Missouri. I say in advance, that threats, by word, tone, gesture, or manner, from that Senator, have no terrors for me. Let him understand this once for all. He talks about charges made against some of the people of his State, and he says that when charges are made, unless they are supported by authority, they are slanders. I agree with the Senator. For myself, I have said nothing in regard to his State that is not on the records of this Government, where it will live forever — evidence taken under the solem- nity of oaths, by a committee of the House of Representatives. When, in January, 1856, knowing, as I did, many of the facts in regard to the election of the 30th of March, 1855,1 brought them before the Senate, a Senator from Missouri [Mr. Geyer] assumed to question or deny them. I proved them upon him then on this floor, and there is not a man here who has attempted to disprove ihem from that time to this. When the propo- sition to raise the House committee was made, it was resisted. The committee raised, in spite of this resistance, reported, after months of careful investigation, a large volume of rec- ords, proving that four thousand nine hundred men from Missouri went into the Territory and voted on that day. It is as clearly demon- strated as is any mathematical problem in Eu- clid^ and it requires a degree of assurance in any man to deny it, here or elsewhere. Bold, vehement, and reckless denials, will not avail the Senator from Missouri. There is the record — explain it, disprove it, if you can — but do not suppose that unsupported de- nials will do. Sir, I tell the Ssnator, here and now, that no man shall brand me as a calum- niator when I refer to that record. I stand upon that unimpeached record of the fraud and violence of lawless ruffianism, and I tell the Senator that I shall not be intimidated by threats, here or elsewhere. The Senator says, that when I referred to the investigation at Kickapoo, I knew that James Buchanan and William H. Seward did not vote in the Territory of Kansas. Of course I knew it. There were over one thousand votes returned as cast on the 21st of December at Kickapoo. The Senator intimates that Black Republicans gave these names. Sir, Black Republicans did not vote on that day, and the Senator ought to have known it. He did know it, and knowing it, he makes the declaration that Black Republicans had given in those names. The votes on that day were Pro-Sla- very votes. Republicans were not there to give the name of any man. Sir, the Senator denies all the accumulated evidences of fraud in Kansas. He saw no ev- idences of fraud in the documents before us. Are we to have no other evidence on which we are to act as public men, than what we gather from the Executive documents ? Sir, the tree of knowledge does not grow in the Ex- ecutive gardeu. I wish it did ; if it were so, we should not have such documents as we have before us. Oar knowledge is net limited to 16 Executive documents, or to the evidences fur- nished by Executive agents in that Territory. There is some little intelligence outside of the councils of the Executive and hia tools in Kan- sas. The Senator frara Missouri objects to these declarations of frauds being made. Is it not admitted that frauds have taken place in Kan- sas ? How is it in Oxford? Did not Govern- or Walker prove that fifteen hundred fraud ulent votes were given there in October last? Mr. PUGH, What is proved? Mr. WILSON. That there were frauds at Oxford in the October election. Mr. PUGH. How do you know it ? Mr. WILSON. Gov. Walker and Secretary Stanton examined the facts, and stated them to the country. The returns were thrown out as fraudulent. Is not this eviderbce conclusive ? The public press states the facts ; ihe people there slate the facts. That town gave sixteen hundred votes in October, and thirteen hundred en the 21st of December. I say the simple statement of the fact shows that there must be fraud. The Senator from Missouri knows it must be a fraud. Mr. GREEN. I know exactly the contrary ; and can give an explanation which will be sat- isfactory to the Senate. • Mr. WILSON. Will you do it now ? Mr. GREEN. I will do it when you refer that subject to the committee of which I am a member. Mr. WILSON. We will refer it to you, and I want you to give us the facts. Mr. GREEN. I will do it. Mr. WILSON. It is known that there are not over uLe huudred and thirly voters in the piace. Governor Walker states that he found there " six houses and no tavern," and this lit- tle place gave fifteen hundred votes on the second day of the election in October, although the inhabitants told Gov. Walker that orJy about fiffy persons were at the meeting that day. These votes in October must have been fraudulent, and so must have been the vote in December. The Senator talks about our saying here that the people of Kansas do not want to come into the Union. We have not said so. I believe the people of Kansas, of all parties, desire to come into this Union. It is not a question of coming into the Union, but it is a queatipn of how they shall come in. The Senator talks about the legal people, and he indulges in legal technicalities. I admit he has the color of law on his side. Hia Missouri men went over there and elec-ed a Legislature ; they took possession of the Government ; they made the laws ; their friends have administered them from that time to this ; the Pierce and Buchanan Administrations have upheld them ; and all the wrongs of Kansas have been per- petrated under them. Because they have the color of law on their eide, it does not follow that it is rigTit or just, or that we should be governed by forms and technicalities in considering the application for admission. What Kansas wants, what the country wants, what we demand here, is substantial justice. We do not wish to lose the substance by a to'o rigid adherence to mere forms and legal quibbles. The Senator indignantly denounces what he is pleased to call imputations on his constitu- ents. Imputations have not been made by me. I make the positive and direct charge that Misaouriins have repeatedly fraudulently voted in Kansas, and I am prepared at all times to prove that charge by testimony beyond deniaL I want a fair and distinct undersranding with him. If I misstate in any respect a matter of 'act in regard to Kansas, and he will show it to be so, I will most gladly correct it. Mr. GREEN. It would be a little more ap- propriate, and a little more in conformity with the ordinary rules of right, for a man who makes a charge to sustain it, aud not require his opponent to prove a negative. Mr. WILSON. I agree to that, and I agree to the Senator's general declaration that a man who makes a charge without proof is a slan- derer. I accept that declaration with all its const quencesi What I have stated here to-day as matters of fact, I have the evidence to sul>- stantiate; atd I tell him his general denials will not do. But, air, I will detain the Senate no longer. WASHINGTON, D. C. BUELL & BLANCH ARD, PRINTERS. 1858. LIBRARY OF CONGRESS I II' Hill I in I III 016 094 416 A