Foreseeing the personal consequences of his act, he opened his speech
with an elaborate review of his course in Congress in relation to
slavery in the Territories, showing that from the beginning he had
favored leaving the whole question fairly to the inhabitants. He
stood on the principle of the Compromise of 1850 as approved and
interpreted by the legislature of Illinois in 1851. That body had
declared that the people of a Territory had a right to form such
government as they chose. But was the Lecompton Constitution the
act and deed of the people of Kansas? Did it embody their will?
If not, Congress had no right to impose it on them. Where was the
evidence that it did embody their will? By a fraudulent vote on
December 12th it was adopted by 5,500 majority. By a fair vote on
January 4th it was defeated by 10,000 majority. The election on
December 21st was ordered by the Lecompton Convention, deriving its
authority from the territorial legislature. The legislature itself
ordered the election on January 4th. Granting the argument that
the organic act was in effect an enabling act, then the territorial
legislature had power to authorize the Lecompton Convention and
also to order it work submitted to a vote. The legislature either
had the full power of Congress over the subject or it had none.
But, it was claimed, the Constitution would have been voted down
if submitted. What right had Congress to force it upon the people?
It was a mockery to call it an embodiment of their will and a crime
to attempt to enforce it. If it ever became the Constitution of
Kansas it would be the act of Congress that made it so and not the
decision of the people. That it could be changed thereafter was no
apology for this outrage. It was as much a violation of fundamental
principle, a violation of popular sovereignty, to force a Constitution
on an unwilling people for a day as for a year or for a longer
time.
If a few thousand Free Soilers had fabricated a Constitution
in this fashion, prohibiting slavery forever, would the gentlemen
from the South have submitted to the outrage? They were asked to
admit Kansas with a State government brought into existence not
only by fraudulent voting but forged returns sustained by perjury.
Public-domain text, read in full here on John Shaqi.
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