.t;ae io tLe U,ioll- I jLioment, strike directly at the prerogatives and ir, W,VALBRtDGE said,: p_ri vi~.eges of this House; and while blunders are M'r. CrttaMAN: It is not my purpose, or this often productive of worse consequences than ac ec~casion5 to ~cs into adiacussii of the Kansa u tual cinme, they are sometimres mtore excusable. ,occas,,,io', to eniter into a discussion' of the Kainsas cieSt:iOO generall. So much has been said upo. For a proper understandling of this subject, the atmir,sioitl of Kansas as a State ubder the Le — (although I doubt not th-at every member of this compton costitution,and so varied have bee IHousefis fatmiliar with its istory) it may be prop - c-omptoni cor)etitutio.,, and so va,:ied, have been, - te.t thi.'cst to.el to the er for m e il hsocso~ allude briel't h lie views expriessed i. relation to it, according to er io f tle tse upon theis casio to ra niza tion of the the several stanidpoints from which observations of he haave been take,,~, titit I cannot hol to interest ol co itee, and to tlIe puriposes for which the comenslighten either ti-s or t hec countr y by mitten was raised. gtt t by It tte~wi be3 recollected, Mr. Chairman, that on any-thing I ri,ayFety;antdit seem,s to n-e,sir,tic~tt jt iab t0lces~~iarashto any~thin Io of th s yad ct sei toe si tat te 2d'(dly of Febtruary last, the President of the dis cussioi of tois isubject, important as a,ll the United States transmitted a message to this concede it to be, must alreadiv pall upon thie pubi t ose [d psen o to th .mitd nifeit edi a it i.s wi *h the highl y seasond House I d o not liropose now to discuss that ntellectual o. ahicl, ias emlanatehd frgom stit message. I will only say that, in myjudgment, capitol d~u itrii thle present, session.) i t contains more misrepresentations of fact, and Thlere are, liowever, some incidental question withiolds more knowledge which oughi to be in concd ith ti suect which it seems tome the possession of the President, anti which ouglht clava trot reived ti-e jattenltion they dservem an to have been cormmunicated to this House,and is, whavleit eee te atteion the border ruland,on the wholte, a greater perversion of argument oid on, he wtie ev ag the brdereiu rbol iainistso ad ci ha otr the rebeious boitioists of aid facts tlitant any othlerexecutivedocumentever Kansas, it may well bebcome us to see to it that communicated fiom the head of this nation to our owe out'a iiisrharted to Kanas and eth e r ouse of Cotgress. TtIhe message in quesoCur own dut y ~ i, —,ge to Kans-,ts an-( the , t. Tli liav ttan.pired here sit in tion recommentdstihe admissioti ofKansasinto the cti ty HI iihave transire here sir, Unio n under a constitution framed for it at Lethis very Hdll and under oitr ow n observationi whic,n t y 7udmn,t, are quit as reprlen- compton. On the reading of that message in the e &S anytit~ iiich has beau done in Kanass House, the honorable gentleman from Georgia either by orier rudI-,ns or aybody else; and it M. STEi s moed ts eference to the Com (Mr. STEVIII~i-s] moved its reference to the Cameitle a bo4the er t hifngs -httpo~e or a abd ele;- amo.i is to ttiese ttiings that I propose for a few io mittee on Territories. [t is well known that that ments, to cl the attention of the committee. s the legitimate reference of all such papers; that refter to the action taken by this House on te ue tbondpoerly to thatcomittee thre stibject belong,ed _properly to thait committee a oe the President teton Kansabs aftirs, the funlerns some good reasons were shown why a dif organization and action of the special committee erent oue should e taket with it. Bu the of t.fteenn oriered by the House, and to whiclh hadevidently conclusion pre 91, Ul~~~~~~~~~~ou,se had evidently com-e to the conclusion,I pre t,at mess,,e was referr,ted. And I desir to wsa| viously, to take some other course, and the gen hlere that, in whatever I may say in relation tleman fom dana [Mr. HesiEs was fortunate -enough. to get tlhe floor, although many ot!er the action of the House its presidirng oficer, or'enogh tt get t he loor, althoug many otler the committee, I imptugn the motives-of nO tmanj members soughlt it at the tnime; and thereu.on e I must of necessit.y speak and I propo~se to speak moved that the message be refterred to a select plainrly, of the course sp eak,z nd *hipse t oseak- committee of thti-teen. I quote his resolution: p. lainty, of' the course ofgentlemen in this connection; but it is not to myv taste, nor in the line o(f t" Rsoled,'lthat the niessage of the t'resideiit )eretferred myv duty to talk of motives of- action. I have ato seictcoitaitteeeotliirtetcn, o re'potottheprop'ricty # to ~ * do w.,l,,.,, iaid e.xpettiency a' tie admisioti -i t,itta a t iate ijt notbini to do with motives, but it is acts, eolcial it!h~e U att.o"' .1 I tie laws, if anly, uind,-r t was hichI ori'tei eriitory in relation to ~and whethr suc laws ~c bcit coiipit as well before as after its fcormation. aind whether suchl laws ha-,ve beeni comiplied withi anjd iol olvedl. Well, sir, after an exciting session of eighteen 1Wihetlhersaidconstimlltionpro,videsforarepbl)licanfirr) ])ouLrs, the Htouse adjourned until the 8th, with of go verniie,it. aitdItll tli.re i re invlih'(l witi- tli! thle tl)derstandingt that the votes wei-e then to be proposed b)oulndlaries o1Ka,sas sulfficient po,p)pllatioi to h,.* p~ropaosed loiaindari,,s of K't it intpaaittttIC 1) tao n ci)on those propositions. Ulpon the meet entitled to al'eptreseitative iii the ttonwe up fixed bylaw, aidwlietlihrsaii constit,tio n is aeeptalgle i n of the House upon the 8th, the first question satisfactory to a maj,)r ty of the legal voters of Kasas. i to e taken was upon the motion of the gentle Also, tlhe iiutiitber tof vot( cast, ifainity, ad i man foiao Georgia, [Mr. STEPrtENS,] to refer the favor of a convention to forin.t coist-ttitutio i aes oroe tid, and the places whlere they were ca,st, a(i tlhe nuer sitoris No, at each place of voting and in eachi county in tle Terri-i sir, I lhave no sort of doubt that the gentleman) tory. from Indiana [Mir. HuGHas] acted in pet fect good 'lThrle apporitionei,nt (f den legates to said colveh tio: fliti in offerillg hlis resolution for a select com tio, he different counj,ties andi~ ele-ction districts oft said ~ 1 Tnerritory, an d th e cdin sru s or meiistratio n ilerrt wic h t he mittee of thirteen; but I must be pri mitted to say Terr-itory,, aud the (, c,~s-t'i oiti~~l r t,e,s samie was iiiatle, and whether the sam le was made in crn i that he hid a ve ry stranffe way of demionstrating p]liaiuce witlh law. it, becau.se, on the very first vote, ie voted against nl;rhe names oftl deleratoesa t o saiI corventitn, alld the I his otn motion, and in favor of the reference pro nettuer o vots c'st f,,r each candidate trdl, 2ae t he t)laces where fast; a dd wther sa d continti re-. osed hy the gentleman friom Gen in. The moceived tIhe votes of a inmajrity of thle delegates to said con- tin of the gentlemanr from Geoi-gia fitiled. The vention. fI ouse refiised to adoplt it. The qtle,stionr theti re "Te nunmbher of votes cast in said Teriitortr on tl 2s d bttti th ti f h ])ecemher last foristt said con s iitutioI r'l a,,d for antI cc:iiri ~ ntiant fi' oi li n ois the proposition of that against any parts or e otitites thereof, and ernlticn frCnm Illinois [Mr. HARIs] fo that of cast at each place fttr voting in said Ternitorv. I thi enritleinmn fiomt Indiana, [Mr. HuLsHs.] The "'The iiii.ler of votes ca st in said'errito,ry oni the 4th! H)ouSe adopted the proposition of th te genleman dayrJny oi la.-;t t1 r n a gins t s id,stwtim. aidl f~om I;inois. It decided the quiestioi tihen and fir arid again st ary orfats or fattires theft, ald tle ilnbhr so Iast at eali plce if votin in said rriry. therte by that vote, that it would have an investi The i n u tmber of votes e ast it sai( Tertor 1 thle lav gation. Tlat was the question voted upon, and ts~t naicretiitratic~ -,anead legiat~ five tit andI -ttire only difference, int fact, between the propositile,,urnhber s} ~'st. t;,r eacil canlidi.late "or suchi ofices anid ~tire ititibere ta fiteaccloceau tions. It did not vote uponI the qulestion of tl)he ti.,e,places whiere~ eat.~ i Thlt said e littee also ascertai, a, nearly as possi- reference of the President's message ooly, at has bhe, wiat portiot, if alytv, of thle voltes so cst at ar,ty of the been stated iii this Houise fiomn the cliai-. It voted titlesd, ttliC' afdiesatti, w'ere fotidirtletit or illegal to have an investigatiori of Kansas affairs. If it "Wlhtieraniv It-rtiot, ail, f,so, vwhat )t)rititl of tie o peeo- - did not wantfiain investigation, why did it notrefer pie of Kantrsas are ini opeln reb)ellioni aga;inist tihe lawvs of tl)e .ouantry. ta saI the matter to the ordinary comnittee-the Corn " And ti,ht sai] cotmmuittee have power to send for per- mittee on Territoi'es? It referred it to a select sots atid pipers' committee because it knew that the Committee Whereupon the House adjourned. on Territories would not make the investigation it Oti the 5th day of February thie subject again wanted. It was for the purpose (and for no other cttme up for consideration. You, Mr. Chairman, purpose under heaven)ofgettingan investigation will be slow to forget the scenes of that day's ses- that the special committee was ordered. And I sion. The gentleman fromn Indiana hlad moved may say liere, Mr. Chairman, that after all the to strike out from his proposition everything blut discussion and the struggle that had taken place t'3e si tolpe 011' of reference, so tl.at it read as fol- upon this question in the House, after the House lows: i had adjourned for two days and eveiy member " Tilat the mitessa-ge of th-e rPe.ident be referred to a select understood, when he came to vote, what the propcoc~niittee ofthirtecn." 0'sitilns were upen which he was called to vote, the opinion ofthis House, expressed by the largest equally clear. that the Opposition. who hold the affirmative, vote ever cast upon this floor, outght to have been should have the majority, and the power." respected. The resolution of the gentleman from In this view, I submit, that if the assertion of Illinois was finally adopted. The committee was the Chair be true, " that it was the President's ordered, with the instructions which I have read! message which was referred to the select committo the House. Well, sir, a committee of fifteen tee," it does not help the Speaker from his dimembers of this Hlouse was appointed by tile lenmita, or relievelhimn from the imputation of parSpe.5aker, of which I hal)peiied to ibe one. tislanship in the appointmen t of the committee. Now, 1 have a word or two to say upon the The proposition for the select committee came construction of that committee. I have said here- from the gentleman from Illinois; and a nmajority tofore, and I repeat now, that I make no imputa- of it should, utinder Mr. Hunter's rule, have been tionl upon the motives, of anybody; but I do say named firom those who agree with the mnover, and here, that, in my opinion, the construction of that so says all parliamentary law; so that whether conmmittee, under all the circumstances, looking the committee were ordered to consider the mesto the antecedents of the men composing it, look- sage and accompanying papers, or to investigate ilg to their action on the adoption of the resolui- Kansas affairs, or on any other subject, whatever tiori ordering it, looking to their whole action it might be, it is equally true that the majority upon the question, was in violation of all parlia- should have been named of those who favored men,lary rule and usage. Thie parliamentary law, the select committee. as 1 uiiderstand it, requires that, in the appoint- Mr. Chairman, I have said all that I desire to say ineet of every select committee upon any ques- in reference to the foriiatiori of that committee. rtio, a majority of the committee shall be frielnd- I have put my opinion on the subject on record; ly to the bill or proposition referred. To refer a and time will not permit me to dilate on the sub pro-,ositioni to a committee who are utterly and ject. The committee was aip ointed with eight, totally opposed to it, is simply to strangle the out of the fifteen members, who had opposed the whlole thing. That, sir, is not the object of legis- whole thing from the beginning to the end, and lation. The object should be to investigate prop- who had opposed the action of the House in ositions that may be brought before the House, ordering the committee. and see what merit there may be in them. I wishl Mr. Chairman, having been a member of that to call the attention of the committee to a single committee, I feel it incumbent on me to say some paragraph fromt the Manual relating to this ques- 1l thing of its action, that the responsibilities of its tion: failure to execute the order of the House may rest "Those who take exceptions to somine particulars in tileI where it belongs. I, sir, wash my hands of the bill are to be of the coimmnittee, but none who speakl directly whole thing. And here, sir, I may be permitted against the body of the bill; for hlie that w)ould totally de- to say, that in my opinion, the fact that the ma ltroy will not amend it, or, as it is said, the childl is niot to ie | } ity of the committee were opposed to anv in put to a nurse that cares nothing for it."! o I., of th.omte eeopsdt n n vestigations, was no excuse or reason why they Now, my own opinion is, that this child was should treat the order of the House with contempt not put to a nurse that cared nothing for it; but, and refuse to execute it. The order of the HouIse that it was put to a nurse who had determined was imperative that the committee inquire into beforehand to strangle it. all the facts connected with the formation of the "It is therefore a constant rule that no man is to be em- Lecompton constitution, not the "essential" facts -loyed in any matter who has declared himself against it." nor the " material" facts, but all thefacts. The On this very committee were appointed a major- I House did not ask the committee to give an opin ity of men who had, from the beginning to the ionupon theproprietyoftheadmissionofKansas. end, from first to last, voted and spoke and acted It wanted no such opinion; it simply wanted facts here and everywhere against this proposition on which to form its own opinion, atnd I hold, sir, men who had not only voted against this identical that the committee could not discharge its duty to proposition of investigation, but who had voted the House without making a full and fair investi on all occasions, in the last Congress and in this gation into all the facts as contemplated by the res Contress,against any investigation by this House olution of the House. Was such investigation into Kansas affairs. Is that in accordance withi made? Was any investigation made? I unihes parliamentary usage, as laid down in the Manual? itatingly answer none, literallynone; and propose And further: to examine the journal of the committee to see if that will not bear me out in fthe, assertion. 'And when any member who is against a bill hears him- if that will not bear me out in the assertion. self named of its committee, he ought to ask to be excused." The resolution of the House required the commit tee to inquire into all the facts connected with the That was the opinion of Mr. Jefferson, that no formation of the Lecompton constitution, and the gentleman ought to take a position on a commit- c tn the ste onie, A i laivs under which the same wvas or-ganized, which, in tee of investigation, to the whole of which hlie was my pinion, made it the duty of the committee to opposed. Did either~of these eight gentlem-ren ask- opposed. Did aitharof these eightinquire into the validity of the Legislature itself, to be excused from serving on that committee? II which passed the law providing for the conven think if they had, the House would have excused if the Le gisla tur e had no leal exist t11em. co~~~~~~~~ton. For if the Legislature had no legal exist them. ence, how could it make any valid or- binding Mr. Speaker Hunter, in his valedictory address ence, how could it make any valid or binding at the close oef theTswenbt~y-SixthCongress,use law. In pursuance of th is idea, I offered in corn mittee the following resolution:, this language on this subject: "Resolved, That ihis committee will inquire iato the law " to the commiittaes connected with the executive depart- providiag for a constitutounal conveution in the Territorv of iumet it would seeut that the friends of the Adnilaistraion s dm e couvei tiut w tiotild have the niajloriiy to propiose the nieasures which elected." remanate origialsly fronm their party, aud for which they are maiily accoititable. In committees of investigatioi it is Under this resolution, if it had been adopted, it 3 4 would have been competent to investigate all the and finally by Governor Walker himself, in his facts connected with the election of members of letter to the Secretary of State, of December 13, the first Legislature; whether, as has often been 1857, that this condition of the law had not been alleged, that election was carried by fraud and complied with; that in fifteen of the thirty-four violence, or whether it was a fair election and ex- origanized counties no registry of votes was made, pression of the will of the people. That surely and consequently, no apportioniment of delegates was all important inquiry to enable the House to could be made to those counties, neither could the come to a correct conclusion in thie premises. If, voters thereof vote in any other counties for del on inquiry, the Legislature was found to be a valid egates. Was it not contemplated by the House, one, duly elected, and competent to legislate for in ordering this corntmmittee, that this matter should the Territory, had it any right to pass any such be inquired into? Acting under my official oath law as would provide for a government super- and under the order of the House, I had no doubt seding and ann)ihilating itself? This question was upon the subject, and hence the resolution in com fully discussed in the Senate of the United States mittee. Without discussion or consideration, the in the Michigan case, in 1835-6; on which occa- resolution was laid on the table by the following sion, Mr. Buchanan, then a Senator firom Penn- vote: sylvania, said: "YEAs —Messrs. Stephens, Letcher, Winslow, White, "No Senator- will pretend that their Territorial Legisla- Anderson, (Aiiitmsan, Stevenson, anid Russell-S. lure had any right whatever to pass laws enabling the peo "NAYs-Messrs. Harris, Morrill, Bennett, Wade Wal pie to elect delegates to a convention for the purpose of bridge, Adrain,and Bufinton-7." forming a State constitution. It was an act of usurpatiol I know, Mr. Chairman, it is said, and that in fin their part." ~~~~~I know, Mr. Chairman, it is said, and that in on their part." high places, that there were but few voters in The same question arose on the application of those disfranchised counties; and what if it were Arkansas for admiission, when General Jackson, so? ls even a small minority of the people to be with the concurrence of his Cabinet, and on the disfranchised by an overbearing and unscrupu written opinion of the theln Attorney General, de- lous majority, and receive the approbation and cided that no such power existed in a Territorial justification of this House in the act? I trust not. Legislature; and I give you here, sir, the opinion But the assertion is denied on authority quite as of Attorney General Butler, as expressed on that good as that on which the statement is made. It occasion. He says: was asserted before the committee, by a member, To suppose that the legislative powers granted to the that he could and would show, if permitted by General Assenmbly incltde tie authority to abrogate, alter, the majority to do so, that more than one third of or modify the territ~orial governmixent es tabli.;hed lay the act or todify the territorial gve t ililied by the act, the legal voters of Kansas were disfranchised by of Contgress, and of which the Assemnbly is a constitueniit part, that c ensus and reistry, an d ot per mitted to par wvould be manifestlyabsurd. Tlie act of Corgress. so t, as tht census and registry, and not permitted to par is consistentwitltlhe(ConstitutionoftheUnitetdStates-ad ticipate in the election of delegates to the con wvith the treaty by wlicht tile T''eritory, as a part of Louis- vention. It seems to me this was a very import iana, was ceded to the U nited States. is the supreme tat of taha, wa s ced ld to the t to teis ) el tpe spemietv of ant fact connected with the formation of the Le the Territory; it is toar a moun to t power of the Territo- C rial Legislature, anid cati only bIe revoked oi atltri by tle compton constitution, and one into which the autisority from whvieli it eman'ated. Tie Genercial,Asselnliy committee were directed to inquire. and the peopie ot the Tei toy areas nuci bound by its Mr. Chairman, did that nurse care aught for Iprovisions, antd as incapable of abrogatiig them, as tbut to strangle eit? gis-atutires and people of the American States are b,)uidtl by, and incapable ofabr,ngating, the Constitution of the United Sir, other propositions of inquiry were made to States. It is also a naxii (of universal law, that when a the cormmittee-one in the following words, as pa-rt-icularthiiigis prolibited bv law, all iueans,atteips,or found in the printed journal of the committee: contrivances to effect sucC tlhint are also prohl,ited. Cnlsequently, it is not in tle p er of the pwr Genoeral Asseilblv o)f " Mr. MORRILL submitted the following resolution Arkansas to pass any law fer tie piirpose letig e- Resolsed, That in order to comply with the order ofthe bers to a conventio n to lorm a constitution and State gov- House under which this committee was organized, which ernment, nor to do aliy other act. directly or iiidirectly, to required that we should inquire into all the facts coinnectcreatesucl new g overnment. Every sucl law, even touglih el with the formation of said Lecompton constitution, and it were approved by the Governor ofhe e irritovry, would the laws under which the sane was originated; and also he nutll and void; if passed lv them, rotwithstanding his whether thle sane is acceptable nud satisfiaetory to a rajorveto. by a vote of two thirds of each bralbe, it would still be ity ofthe legal voters of' Kansas, the chairman be authorized equally void." to have summoned to appear befi)re the commnittee the fol lowing named persons, viz: Governor R. J. Walker Gen But, sir, if we admit, or if on full inquiry by eral John Calhorun, the Hon. P. P. Stanton, and John D. t'ie com,mittee it had beei) shown, that the Legis- Hen derson, to testify to all such ficts as they have kinowillature wos a legitima'oel h tal ii t to edge of, taid to prodluce all such documents, papers, votes, pass sully ~adil it do so? and if so was thave aiiv relation to tleelect i on ofdelegates pass su a w, d id it do so and if so, was the elecopton constitutinal covetion, or to any eleclaw executed and its provisions complied with? tion subsequenitly held in the Territory of Kansas. By the act of the Territorial Legislature of the I- Afterdiscussion, the further consideration of the reso19th February, 1857, providing for tile election of Mr STEPHENS, postponed until of the next meeting by years and uays, as follows: of delegates to a convention to form a constitu- i cYE,AsMessrs. Steplhens, Letcher, Winslow, White, tion, it is, arnotg other things, provided, that a Anderson, Qiuitinan, Stevenson tmid Rtssell —. celsulls of the inhabitanrts and a registration of the' NAyS-iMesrs. Harris, Morrill, Wade, Bennett, WVal bridge, Adrain, and Buffiiton-7-7. vote-rs shall be made in eachi and all of the thirty bridge, Adrai-, ad uilton-7. four organiized counties in the Territory, naming Now, Mr. Chairman, if there were four men in toe counties, and designating the territorial on- the'Territory of Kansas, or anywhere else, who cers charged with tile dutty, anid on the con.pletion were familiar with the transactions of that people of which the number of delegates to the conven in reference to the formation of their constitution, tion, sixty, were to be apisortioned among the dif- these were the men; and as they all happened to fereitt counties in proportion to the number of be in or near this city at the time, there seemed voters in each. It was asseoted by many persons to be great propriety in calling them to testify beand through various channels of comttiunitcation, fore the committee. 5 the Union as a State? whether it is not one of the things which the committee was directed to in quire into? whether it is not one ef the things which this House desired to ascertain when they ordered the committee to be raised? Now, sir, I tnight go on to enumerate other po sitions taken before that committee, but for want of time 1 will allude to but one; and here I resort to m newspaper again Various resolutions, according to this newspaper, were introduced be fore that committee-I think some dozen orfifteen -all looking (as I would be glad to show to the country if I had time) directly to the investig,a tion of some important question connected with the admission of Kansas into the Uniion); butevery single one of them was voted down by the sanme majority of the committee, and that majority utterly refused all investigation and examination, except suchll as emanated from the Government officials of that Territory. They refused to take the testimony of any man. When it was pro posed to summon John Calhouni, and let him tes tify and swear whatever he pleased, whether true or false, the propositioni was voted down. When it was proposed to summon Governor Walker, Jack Henderson, and Secretary Stanton, the ma jority voted down the proposition every time. Mr. LETC,'IER. Will the gentlemiral allow me to put a questioni just at that, point? Mr. WALBRIDGE. Yes; rihit tM,ile. Mr. LETCHER. When it was pliopofsed to summon John Calhoun, will the gentleman say whether he did not say that hle would not believe him, under oath or not under oath? Mr. WALBRIDGE. Whether I said so, or not, it is so. I would not believe h imn. Mr. LETCHER. Well, whatwould be the use in summoning a witness, if it is said in advance that the other side would not believe one word of his evidence? Mr. WALBRIDGE. I took it for granted that the gentleman from Virginia [Mr LETCHF.Ra] might believe him, and that the testimony miyiht be of some service to him, and possibly some truth might be extracted from him on a cross examinati,,n. Mr. HUGHES. I wish to ask the gentlenan from Michiganl if he was a member of tee caucus of Republican mem)bers of this House which met at an early part of the session Mr. WALBRIDGE. Oh! it takes the gentleman from Indiana too long to get out the question. Mr. HUGHES. And i f he was not pledged by a resolution passed by that caucus to advocate the admission of Kansas under the Topeka con stitution, in advance of the presentation, of the Lecompton constitution to this House? Mr. WALBRIDGE. Ieannot answerallthese questions-it takes too much time. I have one word more to say in regard to this matter of the credibility of John Calhoun. I said that the linority of the committee asked the privilege of calling John Calhoun before them, and putting him under oath to testify, and the gentleman from Virginia suggests that I said in the committee that I wvould not believe hinm under oath. I dlo not know whether I said so, lout it is the truth. But further than that, I say that, under a sub~sequent resolution, a written statement of John Calhoun was brought before the committee, and Iit was ruled out by the majority of the commit Governor Walker was sent to Kansas as Governotr because he was supposed to be, as he really was, the especial friend of the Administration, and a pro-slavery Democrat of the first water. Secretary Stanton was made such for similar reasons. Calhoun was the president ofthe convention, and charge d by shat body with the duty of ordering the elections unde r it, receiving and countinm the votes, and de clari ng the results; and Jack Henderson was the most noted border ruffian of them all. Th is propos itio n was vote d do wn, a s w ill have been seen, by the same inexorable majority, and not a particle of testimony in relation to the or, th thn aper int th nwpprsmoftheday tr UHS n fh a ot blede ianwataon ote convenstion was permitted to be taken. It was proposed to show Mt. HUGHES. I rise to a point of order. It is, that it is not in order to discuss the proceedings of a committee, n or to refer to newspaper pubi c ations of theirt proceedings. Thle CHAIRMAN. The Chsai r wo uld say to t he gentleman from n Indiana that it i is in ord er to ref er t o any report of a committee published in a newspaper. Mr. HiUGHES. Is it in order to state wha t the gentleman proposed.to do before that committee? Mr. WVALBRIDGE. I hope the gentleman will not take up my time. The CHAIRMAN. T he Chair would s tate that there is no rule which prohibits a membter fronm referring to anything which appears in the nriewlsprapers. A publ icatio n has b een ma de in ti the newspapers purpor ting to be a report of the yconmittee, giving. a n acco unt of the proceedings of tile committee. The Chair holds that it is in order to refer to it. At.. HUGHES. Is it in order for a me-.mber of a committee to refer to what took place in the coimmittee? The gentleman was stating what hle proposed to show to the committee, if he could do so. The CHAIRMAN. It is not in order to refer to anything which took place in a committee which has not been made public. Mr. WALBRIDGE. Certainly; and everything of which I have been,peaking,and of which I propose to speak, is here published in this newspapel', and I read it from the paper. The CHAIRMAN. The gentleman has a right to do that. Ml. V,t ALBRIDGE. I suppose so. I was saying that, according to the public prints, as the thing appears in the newspapers of the day, in what appears to be a journal of the action of that committee, in what is Signed by the chairman of that committee as its chairman, certifying it to be the journal of its proceedings, and which I have the best reason in the world to believe is a perfect and full journal of its proceedings, it appears that a member offered that resolution; that he desired to have the privilege of summoning the witnesses named, in order to show that more than one third of the people of that Territory have been disfranchised; disfranchised by the action of the Administration of this Government in that Teerl'itory; disfi'ainchised by the action of the Adm~iralstsration officers there; and that the people had not ri~ght nor no power to participate in the election; of the members of that convention. Nrow, I su.bmit whether this is not a thct pr:operly connected with the admission of lKansas into. I -1 I 6 tee, because they would not believe him. It was board of commissioners came, in their own words. voted that it was not testimony before the com- They say: mittee at all. Now I hold that any man who will mat al l. NwItton statemn anywhen who "From the evidence taken before them, the board state will make a written statement anywhere of what that the returns from the Delawaire Ageicy precinct were purports to be facts, that is not to be believed, is honestly made out by the officers ofthe election; and subnot to be believed under oath, I care not who he seetly three ndre and tlirt-i les were fored upon thieimi by or with the k-nowle,dge of Johnit 1). Heiender — is. Nevertheless, if we had got that man Lefor ile bv de of Jlll ) er sol;,d( that Jolhn (aliounl vas particeps c? i-'nis after the the committee, we might have got something use- filt. ful out of him. But whether we could or not, we, The board repoirt tliat of tit, votes returned of the eleccould not get him there, nor could we get Hn- tin f tie st erre-, 157, on the sltverv cilise of the ~~~~Lconsituinfredteopton; held at the precincts dersot, or Governor Walker, or Secretary Stan- + Kickaipoo. De,la Iwa r ()-; Oxf,d, a inp Shawnee, about tp e ton there, though it was notorious that thev were iclllowing numbers were illegal and fraudulent: in the city at the time. We wanted to prove the'-At Kickal)oo................................... 700 existence of all these frauds in the election of Delaware City.............................. 145 members to this convention-the very thing Oxf.ord....1,0) which had been referred to us to inquire into. awee.675 Now, sir, I said a few moments ago that I Total..................................... 2,72) wanted to call the attention of the committee to another proposition which was made to that com- "And of the votes returned of the election of the 411 of mittee. It was in these words: Jainuary, 1858, for officers under the constitutionl fiamedi at l~ecomp~tori, held at the precincts of Kickapo)o, Delaware "IVhereas, the Territorial Legislature of Kansas ap- Lecomplotiheld at the precincts of Kickapo, Delaware I City, Delaware Agency, Oxford, ard Shawnee, atout tlhe pointed a comllliission to investigate certain frauds said to following nuibers wer illegal and fraudulent: have been perpetrated in the election held in said Teiritory (m thle 21st of October and the 4th of Janluary last, and ill "At Kickapoo................................... 00 th~e returns of said elections; and whereas, said commiisthle returns of said elections; and whkerea s, s olid comlllis- Delaware City............................. 5 sion are understood to have made such inivestigation, and Delaware Agency........................ 336 to have examined many returns in relation thereto: Tlere- Oxford..................... 66 fore, Shawnee............... 821 "Resolved, That the chairman of this committee be, and he is hereby, instructed to procure an authenticated and Total.....................................,458-' duily certified copy of all the testimony taken before said commission in relation to such frauds."i As.. coiimission i relation to such rauds.i Mr. Chairman, I ask, in all sincerity, can any Now, Mr. Chairman, in my judgment, here man tell me for what purpose this committee was was a proposition which tested thoroughly, ifa any appointed, if not to inquire into such naked, palfourther tests had been required, the determination pable, barefaced frauds as these? Did the House of the majority of the committee to resist all in- mean anything when it ordered us to " inquire quiries. I will here state some of the circum- into all the facts connected with the formation of stances connected with these elections, and the the Lecompton constitution," " andinto all such returns of them, as they were supposed to exist at facts and proceedings as have transpired since the the time, and as they have since been proved to formation of the said constitution, or propriety exist, atd that by the very testimony which was of the admission of said Territory into the Union tendered to the committee by the resolution under under said constitution," or did it mean nothing? co)tsideration. Surely, if it meant anything, it intended what is so The constitutional convention had appointed plainlystated in theresolution ofourappointment. the 2Ist of December on which to hold an election But, Mr. Chairman, there is another branch of at which the people of the Territory were to vote 1 inquiry embraced in the resolution of the House on the question of the adoption of the " constitu- ordering this committee, to which I desire to call tioti with slavery," or the " constitution with no the attention of the House for a few moments. slavery." It was for the constitution either way; The committee were instructed to inquire whether anid, in point of fact, it was the constitution with the Lecompton constitution "was acceptable and slavery either way, with only this difference: that satisfactory to a majority of the legal voters of tholse who should vote for the " constitution with Kansas." Was that duty discharged by the comno slavery," voted for slavery in a worse form mittee? I unhesitatingly answer, no! Did the than those who should vote for the "constitution committee refuse to discharge it? I as unhesitawith slavery." But that is not the question I am tingly answer, yes! I know the majority of the niiwV discussing; and suffice it to say, that an elec- committee take the vote of December 21, anr call ti(ne was ordered by John Calhoun, the president itthe expression of thle voice ofthe people of Kanof t.he convention, among other places, at the pre-' sas as in favor of the constitution. In spite of the ci nets of Kickapoo, Delaware City, Oxford, and frauds proved to have been committed at that elecSllawnee. Anelection had also been ordered by!tion;inspiteofthepositiveimpossibilityofvotiog the convention to be held on the 4th day of Jan- I against the constitution at that election; in spite iuarty, 1858, for the election of State officers and I of the stubborn fact that less than three thousand members of a State Legislature, which was also legal votes were cast atthat election, still the mnato be conducted under the auspices of the same jorityclingtoitasthefreeexpression ofthevoice John Calhoun. At the latter election polls were of the people of Kansas. opened at the before-mentioned places, and also The election of the 4th of January, ordered at a place called " Delaware Crossing," or " Del- by the Territorial Legislature', at which the legal aware Azency." The commissioners appointed Ivoters of Kansas were permitted to vote for or 13 the Territorial Legislature took much testi- against the constitution-for the constitution with niony in relation to the votes returned as cast at II slavery, or for the constitution with no slaverythese places, (the very testimony, sir, called for is ignored by the committee; and although at that by the resolution proposed to the committee,) and election the constitution was voted down by a I propose to give the conclusions to which that majority of more than ten thousand votes, is not 7 _____ oUnion under the Lecomptoni constitution, but I have barely time to (:all the attention ofthe com mittee at this time to one; but that one, sir, is suf ficient for myvjustification if I had no other. In 1820, when this country was convulsed to its very center by this slavery question; when slavery was stronger numerically and in proportion to free State power than now, and when you desired the addition of another slave State, (Missouri,) our fathers bargained with your fathers on this basis: Your fathers said, give us Missouri now, and we will give you all the balance of thie Louisiana pur chase north of 360 30'. Our fathers took the bait, trusting to southern honor to keep their faith; and they did kceep it; but how long? Why, sir, while our territork was a wilderness, and worthless to freedom; but when the time came in which we wanted to occupy it, you found aflaw in the bond, a legal and technical flaw. Your fathers had no right to make the bargain, and you repudiated it. You plowed with our- heifers, you used our doughfaces, and robbed us of our inheritance. On the day you did that deed you inflicted a wound upon southern honor which will rankle and fester until you or your children will curse the day you did the deed; and on that same day hun-dreds of thousands of true northern hearts, of all political parties and affinities, more in sorrow than in anger, struck hands in a solemn oath, by the graves of tlhe(ir fathers, that you should not with their consent enjoy the inheritance of which you hall robbed them; and that oath they will keep to the bitter end, if need be. I have no word of complaint to make of the men who made that bargain. I know they made it for wise and what seemed to them good reasons, and, I cannot doubt, from pa tr-iotic motives. They believed it would restore peace to the country, and settle the slavery question as between the North and the South forever. And it did restore peace to the country, and union and harmony among the people for more than thirty years, until, in an evil hour, you repudiated the contract, denied the right and power of the parties to make it; and now you ask us to sanction the unholy and faithless act. Mr. Chairman, I trust the day of compromises on this subject is past; and I firmly believe that, on the part of the people of the North, it is so; that this great question of whether the labor of this great nation shall be performed by freemen or slaves, must now be settled, and settled for all time. It is, in my judgrment, the most important and momentous question which has ever agitated the civilized world. Let it be well considered, and wisely settled. I have no compromises to offer, or to make; and if I shall ever find it necessary, or see it proper, to vote for any measure in relation to Kansas under which, if adopted, it can by possibility be made a slave State, I shall do so, choosing the lesser and contingent, to avoid the greater and positive, evil-entering my most solemn protest against the right of any body to make Kansas a slave State; protesting against the right or power of this Government to abdicate the governments of* all, or any, of the Territories, and protests ing againlst the newly-discovered doctrine that the Constitution carries slavery into, and protects it, in all or any of the Territories of this nation, tIhought by the majority as worthy of even a con sideration. The solemrnn protest of the Territo rial Legislature-the immediate and then recently elected representatives of the people of that Ter rito ry- is tre at ed with scorn and contempt, and as unworthy of the slithtest attention. Mr. iChait man, wa s n ot th i s child sent to a very bad nurse? But, sir, I c ann ot spend any further time in discussing these pr oposi tions made to t he com eyittee. I desire to ref er brie fly to the report of tih e majori ty of t he committee. I f ind that report ill the public newspapers, and take it for granted that it is the authorized report. The committee say, in the begitni ng of that repor-t, that they have investigated all the essential facts connected with t he formation of t he K ansas constitution. Now, sit, I w an t to eask that committee who made themr the judges of what is essential in this inquiry? Haild t hey any authority from this Hou s e e to say w hat wa s and what was not essential? Did the House ask them for their judgment or op i rnion on th at p oint? Did not the House direct them to in vestigate and repor t all the facts? Mr. QU IT,MAN. Does the getolenan pretend to say that th e committee was bournd, by the in stiuction n of thhe Hous e, to take testimony bas to every littl e incident that occurr ed pi the Terr itory of Kansas, no matter how utterly unnecessary, useless, and imma terial, such t estimony moight be considered y)v the committee? Mr. WALBRIDGE. I a gain repeat the question, who made t he maj ority of t he coro emuittee the judge of wha t wa s essential? WVhere did they get the power to judge of it? Under the resoi utiona of the House, every fact connected with the election and the formation of that constitutiond was to b e inv estig at e d by that committee, and it was t their duty to mtake that investigation. If the y failed t o do so, the y are responsible to this House; and to that responsibility I now hold them. If the House is sati sfied that its o r der has been executed, andt th a t t ha t committee has discharosed its duty, appd not treated wi th contempt t he order of tihe bHous e, then I have nothing more to say. It is not a question that interests me more tha n o thers., but it is a question that involves the dignity, the preros,atives, and theprivileges of this Hoo mse. If the time has come when committees of the House are to b e appo inte d to stifl e suTch great and im ortah t inquiries as this, then the power of the House is a mockery. It is the business of organiizations of the House to execute its will in every fo rm, atd in every place, whether it be the w ill of the individual executing it or not. And with all due respect to the Speaker, I would say that it was the duty of the Chair to appoint a committee fi'om members of the House who favored the investigation, not from those who were opposed to it. But the Speaker not having done so, but having appointed a committee opposed to ilnvestigation, it was the business and duty of the committee to investigate just to the extent that the House ordere~d it. Sir, this child was put to a nurse, in my judgment, predisposed and predetermnined to stranlgle it, and I trust this House and the country will hold that nurse to a just responsibility for the deed. Mr. Chairman, there are many reasons why I cannot vote for the admission of Kansas into the Priitcd at a the C ('zrc?Imm! sles ot the, i II l 7 t I I