The first session of the Thirty-fifth Congress began on the 7th of
December, 1857. President Buchanan's first message was largely concerned
with the affairs of Kansas. He spoke of the framers of the Topeka
Constitution as a "revolutionary organization," and said that the
Lecompton Constitution was the work of the lawfully constituted
authorities. He conceded that the submission clause of the Lecompton
instrument fell short of his own intentions and expectations, but
insisted that the slavery question was the only matter of dispute and
that that was actually submitted to the popular vote.
Trumbull was the first Senator to expose these unfounded assumptions,
and this he did in a brief argument as soon as the reading of the
message was finished. He showed, in the first place, that the Topeka
Constitution was no whit more "revolutionary" or irregular than the
Lecompton one, and one of the authorities whom he cited to sustain his
contention was Buchanan himself, who, in a parallel case, had contended
that the territorial legislature of Michigan had no authority to call a
convention to frame a state constitution, and that any such proceeding
was "an act of usurpation." This was not necessarily conclusive as to
anybody but Buchanan. Yet in another case cited, that of Arkansas, where
a territorial legislature was considering an act for the calling of a
convention to frame a state constitution and where the governor had
asked instructions from President Jackson as to his duty in the
premises, the Attorney-General had held that such an act of the
Legislature would be without authority and absolutely void. (This case
had been cited by Douglas the previous year, in an argument against the
Topeka Constitution.) The only regular proceeding was for Congress to
pass an enabling act, on such terms and conditions as it might
prescribe, under which the people might form a constitution preparatory
to admission to the Union. Any other mode of accomplishing the same
result, whether initiated by a popular assembly, as at Topeka, or by the
legislature, as at Lecompton, was in the nature of a petition which
Congress might respond to favorably, and thus legalize, or not. Neither
of these modes of beginning had any higher authority than the other.
Therefore, the underpinning of President Buchanan's first argument was
knocked out by two citations of authority which he could not controvert.
His second argument, that the slavery clause in the Lecompton
Constitution, the only thing in controversy, was submitted to the
popular vote, was easily demolished. The submission clause, said Mr.
Trumbull, "amounts simply to giving the free white people of Kansas a
right to determine the condition of a few negroes hereafter to be
brought into the state, and nothing more; the condition of those now
there cannot be touched."
Public-domain text, read in full here on John Shaqi.
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