Newspaper of The New York Herald, December 11, 1857, Page 1

Newspaper of The New York Herald dated December 11, 1857 Page 1
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THE NEW YORK HERALD. WHOLE NO. 777L AFFAIRS IN WASHINGTON. The Debate on the Kansas Question in the Senate. IMPORTANT TEST VOTE IN SECRET SESSION leiator Douglas Read out of the Democratic Party by the Southern Senators. Another Effort for a Branch Mint in New York* pnriTcm froh the dtib expedition, Ac., Ac., &?. Interesting from the National Capital. IMPORTANT DERATE AND TEST VOTE ON THE KANSAS QUESTION IN SECRET SESSION OF THIS SKNATK ? ?BN. EKNVKK CONFIRMED ? CAUCUS OK SOUTHERN SEN AT0R8- DOUGLAS READ OUT OF THE DEMOCRA TIC PARTY? PROPOSED OHANOK IN TUB OFFICERS OK Tint SENATE ? NEWS FROM TllE UTAH KJCPEDI TION ? TtIK NEW TOHR DISTRICT ATTORNEYSHIP ? PROCEEDINGS OK THE NAVAL COURTS, ETC. Waiwi.vcton, Dec. 10, 1867. immediately alter the Seii?t? met to day thev went into executive session lor the pur|>osc of confirming tho nomi nation of Gen. Denver as Secretary for the Territory ?of Kansas, vice Stanton, removed. Senator Douglas led eft with a speech in opposition to the confirmation, and was followed by Seward, Hale, Trumbull and Dolittle; while on the democratic sido the action of the administra tion was sustained by Slidell, Mason, Benjamin, Big ler and others. After an animated debate of two Itours and a half a vote wan taken, and bo was confirmed by a vote of twenty-nine to nineteen, the republicans all voting against and the democrats for con firmation, with the exception of Douglas, who Itft just be fort the voir, wat taken. Senators G win and Pugh spoke on the subject in an equivocal manner, but finally sus tained the administration. Douglas carried but one demo cratic Senator with him? namely, Broderick, of California. This is the first test vote, and so considered sustained the administration on the Kansas question. A caucus of Southern Senators (thirteen in number), was held last evening, to consider what course they should pursue in reference to Senator Douglas. I understand they denounced his course, and unanimously read him oat of the party. Senator Douglas seems sanguine that the prompt pas sage of the -'Toombs bill" in reference to Kansas, would heal all differences in the democratic ranks and make the jiarty impregnable North and South. He thinks the I.o compton constitution will be rejected here whether pre sented witii or without the slavery clauso. A caucus of democratic Senators will bo held to-morrow for the purpose of ascertaining the views of Senators as to the propriety of changing tho ofliccrs in that body, aud the election of a printer to the Senate, and also in con structing tfie Senate committees. A. D. Banks, of Virginia, is a candidate for printer to the Senate. It is believed that be will distance Col. Harris, of the I'niofi. Nothing of interest occurred in tho House. About two boors were occupied in discussing the abstract question as to whether Congress needed a chaplain. It was warmly contended by some thut they were jiast praying for. They agreed, however, to give all the ministers in the city an opportunity to save them if possible. Tlie Congressional committees will be announced on Monday. Col. Richardson was confirmed astJovernor of Nebraska. The telegraph made me say that Col. Richardson had accepted the Kansas Governorship, when it should have been Nebraska. The President has tendered the appointment of District Attorney for New York city to Judg? {Sutherland. Ho lias written a letter to the President declining it. H now liangt b< twee.n Messrs Sedgwick and Hoffman. Mr. lfaclay cave notice to day that he would at a future day ask leave to introduce a bill for tho establishment of a branch mint in the city of New York. The mercury of War received a telegraph deapatch thm evening from headquarter* at New York, contradict ing the statement that an engagement h.vl tuk<n place be tween the Mormon* .m l the I'nlted States troop# Tho Mormons had stolen some cattle and hordes The troop* were going into winter quarters at Henry 'a fork, about, one hundred mile* from Suit I*ke City. The troop* were all well. This is the Intelligence brought by the ?pecal messenger despatched by Col. Johnston, and the des patches are dated " South Pa.-.". October 18." Copies of the President's Message have been forwarded to Ix>ndoD.and it la determined that Sir William (Jure Ouoeiey will not leave for Central America until he learns the view* of bis government thereon He baa been in structed to prevent tho abrogation of the Clayton Bulwer treaty if possible. General Roble* anticipated important Intelligence by telegraph to morrow frum Mexico. He consider* the re nt/iratioi) of Santa Anna by no means improbable. The public department* are remarkably quiet since dla posing of the annual reports. Id Naval Court No. 1 to day Mr. Wilson and Mr. Bland were examined for tbo defence In the c*ac of I jeut Porter. In Court No. 2 the case of Commander Johnson waa continued, and Captain Stribling, Commander De Chmp and lieutenant Stanley were examined oo the part of the government In Court No. 3, In the caae of Com mander Glynn, IJeut. K. (1. Parrot testified for the govern Beat, and Coventor U. Wilson for applicant. m ornoui !?*w*paito rmrATru. WA*Ht??uTo>r, Dec. 10, 1867. The nomination of Colonel Richardson aa Governor of Nebraska waa to-day confirmed by the Senate. This ap pointment Impliea that hia poalUoo on tlie subtest of Karcas to satisfactory to the admintotration. General I Denver's appointment a a Secretary of State of Kansas was confirmed by 20 democratic, vote* to 19 re publican * agalnat H. Mr. Douglas waa absent. Genera1 Denver has been telegraphed to at Roonville. ?The removal of Governor Walker Is dally expected. It la atated on high authority that should be now move m the direction of Kansas Ibis result would Immediately follow. Thorns* J. Scmmc* has been appointed United States Attorney for the district of New Orleans. His predecessor waa removed on the ground that he did not use sufficient vigilance to prevent the eacape of General Walker and party from that port. Don. Nathan Clifford * appointment to supply the vacancy in the Supreme Court bench ha* not yet been definitely acted upon by the Senate. THIRTY-FIFTH congress. FIRST SESSION. Senate. Wmrivotor, Dec. 10, 18V nn rratjc numw. Mr. CawAtui, (opp.) of N. Y., submitted a resoln' ion, which Ilea over, directing the Joint Committee on Printing to inquire and report whether any new provtolon* of law are necessary to secure the- faithr ,i performance on Uio part of Congress of the exlftiait contracts, #bich provide for aceurate reports of tho debates of the two houses. TV* ibVIWON OF KJJOU* Mr Dm in ah. (ofP ) ot 111., gave notice of lii? intention V> introduce n bill at an early d>?y to enable tho pooplo of Kansas to form n OOnetitution ami ?t*te government, I reparauir v to their admission Into the I nton. M?' ..RAtts to sternum*. Mr Formt, (opp ) 'if Vt. gave notlco of a bill making grant* of I am' to actual settler# The SuBTte then went into Kxecutive soe'lon, and npnu ? dooie being ojk oed a<ljourned till Monday. Hoaw of Representative#. Wmhimsios, Dee 10, 1867. tut FTR'-r nmnrmi. The Petuavn appointed Mifsrs ?rnith of Vt., Grow, Taylor of Now York, Nichols. Smith of i'cnnc**ee. Morse auc TViwdell, tho committee authorised to be appointed U> * the subject of tho public printing, and rc r ? ? such reform ? a, ? * jf may deem ad vtoabla. tiiv st**T>'iw oriwurtm*. On motion of Mr mints, (opp.) of Ms ? , Uie Speaker wo* Mtbor Inert to appoint the standing committees, and in order to aflord him an opportunity to do so, when the House MtyWTMi It should he till Mmnlay next Tit* **W HAII. or **IT?l*OtTTjlTlV*S Oc niot.cn of Mr, Wutu*. (a ltn.) of Ark., a coOBMlcc ww ordered to bo appointed to report when the new LuH can be occupied. THE fHAPLAiNCt. Mr. Powdku, (adm.) of Ala., offered a resolution re questing ministers of the Gospel residing in Washington to alternately open the daily sessions of the House with prayer. Mr. JOMC8, (adm ) of Tenn. , presented petitions agaiti?t the employment of chaplain* by the government, on the ground vi it* unconstitutionality. A debate followed, in which it was sUted that several ministers of tMe Gospel Lad tendered their gratuitous ser vices. Itie resolution was adopted. TUB OSWKimTlON W BOOKS TO OON<<KB<MIK*. Mr. ?tkfiii.ns, (adm.) of Ga., offered* resolution, Which wus adopted, providing for the distribution of books here tofore ordered, to new members. Mr Ijctohkb', (adm.) of Va., took occasion to say that it was the duty of the House to stop the evil of book distri bution. Some volume* aro now in preparation, a Ringlo one of wkich will cost $'.400,000. Everything to be printed should be tirv t scrutinized, especially as lately they had beard so much about plunder. The House then adjourned til) Monday. THE KANSAS qdSTIOI El THE SENATE. The Debate on the Vint Day. IN HEN A Tit. Ttksdav, Dec. 8, 1857. 'Hie journal of yesterday was read and approved. PKSIDEVT'H MBM3AOK. Mr. Bright, from the committee appointed to wait upon tbe lTesldent ol" the United States, appeared and said ? Mr. President, the committee appointed on tho part of the Senate to meet a similar committee on the part of tho House of Kepresentativos, tor tho purpose of in lorming the President of the United State* that tho two Louses were organized and ready to receive any commit nication it might be Liis pleasure to make, have performed that duty aud received fur Answer that ho would imme diately make a communication to each house in writing. Mr. J. B. UitMHY, the President's Private Secretary, shortly afterwards appeared below the bar, and said? I am directed by the President of the United Suites to de liver to the Senate his annual message, in writing, with the accompanying documents. The Secretary read tho message. Mr. lk>rGi.AS ? I offer the following: ? Ordered, That ihe usual number of copies of the Message ami ac ?emvauj'lut: documents be printed, ami fifteen thousand additional copies of the Message and accompany lngdocument* be printed lor the use of the Senate. Before 1 y ield the Uoor, I desire simply to state that I have listened to tho Message with great pleasure, and con cur cordially in much the greater part of it, and in most of the views expressed ; but in regard to one topic ? th?t of Kansas ? I totally dissent from all that portion of the Mes ?age which may fairly be construed as approving of tho proceedings of the I.ccoaiptan Convention. At an early period I shall avail myself of an opportunity to state my reason*! for this dissent, and also to vindicate the right of the people of the Territory of Kansas to be left perfectly free to form and regulate their domestic institutions in their own, way according to the organic act. Mr. Sti'akt? I do not propose to say anything on the subject of this last proposition; but I deem it my duty to nay a wont in concurrence with what has been said by the Senator from Illinois. The principal topics of the Presi dent's message liave been treated in a manner which not only meets my entire approbation, but I think I may safely add, in us able a manner as was within the power of any man. In respect to that portion of the menage re lating to the Constitutional Convention of Kansas, if I could agree with the I'resident in his reasonings, in so far as he seeks to show that the principles of the organic act of that Territory have been complied with, 1 might agree with his conclusions; but believing that tho principles of the organic act have been violated by the action of that Con vention, and that in no event can the people of the Terri tory be left as that act declared they should be ? " )?er fe.tly free to form and regulate their domestic in stitutions in their own way" ? unless thnre shall be some future light which will show tne that theastion of this Convention has been misrepresented and is w>t correctly understood either by the President or by myself, 1 never can give it my support At a future day I shall deem it my duty to go iuto this subject at length 1 shall now conclude by saying that in my action upon this subject hereafter, as heretofore, 1 will insist to the extent of my abilety that the people of Kansas shall bo treated like all other people, and shall have the fullest, the freest opiiortunity to form and regulate such institu tutions as they may see tit to live under: ant! whether they are in accordance with my tastes or against them, will not at all effect my action on the question. Mr. Paw? Mr. ltemdent, I think it is premature to dig cuss the message. J do not propose to do so. The re marks of two the honorable Senators on my right seem to be directed entirely to the a< tion of tho Convention, and to the phrase about the people being left free to form their institutions in their own way. I could scarcely Institute an argument on a proposition so plain as that the |>eople may act either by |s>pular vote or through their delegates; and it is a denial of sovereignty to the people to say they have not the power to elect their delegate* ami to invest them with HiiUiority to form an >antr<iiuani which shuil bo binding on the body politic. They nt'xlil , if they chose, by popular vot>' nettle tho wholo qinwtlon. They did cbonae t?> hav? delegate* In ocgiveniiou. They might, if they hail go chosen, have directed those delc g ate* to refer the i|tn'*tK>ii bark to them . and so might the body politic direc t the legislature I" submit every act U> a ixipular vote. It rest*' on tlieni to decide one way or the Otter I do nut understand the doctrine to the extent of the remarks that are made. llr It (.i>:K ? I shall certainly not engine in any discus a ion of the main question at ih.s time, hat at two dtatin guiKheil . dilator ? from the Northern i?rt of the Union, of uiy owu parly, have declared an emphatic <1 iff. retice w.th the President on so much of his nio-^age as relate" to the affair* of Kansas, I desire -"imply to say that 1 jnsl as emphatically courur ill theao views. 1 cannot agree with my friend from ElUiois as to the cun struction he ban givet to the rights of th" people offKans-'is. Nor <an I see that any right of them under the organic act, or that their liberty to any extent, ia to be impaired by the doctrines of the message ( >f course it would be unbecoming to go into the details of the argument at present. I do not intend to do so. Inim ply ro-e for the purpose of declaring that when we shall ha ve heard the extended remarks of the Senator from Illi nois, with aO deference to his admitted intelligence and ability on this subject, I shall make the bt?t reply I can, unles" he convinces me that the I "re* id cut is mistaken as to the facto and theory of tbm case, of which 1 have no apprehension. Mr H*ow* ? I think that a disc union of thm question now Is altogether premature. Intimations are thrown out first on one sldn and then on the other, which I think, in the present aspect of the subject, can lead to no good re sult; and that we may all sleep to-night on the message before we undertake to diacuct; it, I move that the Senate adjourn. Several flBtafoaa ? Oh, no Withdraw tho motion. Mr Haui ? Mr President, 1 have nothing U> say on the rirticular branch of the mot,nn under consideration; but wish to address awrd or two to the general question, rerhaji* I owe an apology to the Senate lor saying a woW, because the question tiiat has arisen seems to be a sort of tamily matter, in which an outsider ought not to inter fere. If it were not that ^upp<?ed there waa wif; re spoosibility attached to all of us here I should not aay a word. When I addrees myself to this subject I am not at all emharraaaed by having to aay that I approve of any part of the message, or that I was one of the friends of the Kansas Nebraska act, ?od am very desirous to see the principles of that act carried out. I do not exactly understand what the principles of that act were, but I be lieve the President ia carry iug them out pretty fairly I do not mean to say that he is carrying out the intention that existed in the heart of the patriotic gentleman who framed it and brought it in here; but a* a matter of public policy, and as a mat er of the politics of the country, I believe that the act hu been pretty fairly carried out ever since it was adopted . and that it is proposed to be so carried out now. Hut there is a single assertion made by the l*ro aident of the United Mates in hi* meanwge, u(?m which I wi-h to make an iasue ? not an wane of veracity, of oonrse ? but of history, and of fiWr construction ot language. Aa I understand his message from the hurried rending I have given it. the President labors verv hard to explain away eotne little Inadvertencies which he may have committed in deference to this principle of popular sovereignty in his iastru< linns to Cover nor Walker He says, hone-d, simple hearted man a* he is ? he never had a doubt that I hi* uuetdion was to b< fairly submitted t ? the people of that Territory. It was in the exercise of tins comfortable as surance. this Christian faith, that It would be so carrli-d oat that he penned those line* in Covernor Walker's in structions. After having done this, be goes on to argue that on the whole it has been carried out. aud at last come* to the conclusion that ? In the schedule providing for the transition from a Terrllo rial to a Slate government, the question has been fairly and cipllcttly referred to ibe people, whether they will bare a constitution with or without slavery. Now, sir, I deny this entirely, and when I deny It I <lo so In the manner 1 have stated I make no question of veracity * th any one. bat I bane the denial upon the '-on MnwtM of words, the meaning of language. 1 have read a i iper which purports to be the constitution and the rchedule, ard ! take it for granted, until the contrary ap pes.-*, that |? is . true ropy. In??end of V at constitution and ached ilo sut ?nit'ing to .lep-ople ??..isik, the que* t.on whether t. *tll nave a or ? >u with or wiiiiout shivery, ff sui to th .j -stlon whether thej ? ill have the ate dttleretiee between the lb a>W Mid Iti . tie article? with slatwy ill the con-tl totl. n. and in lue Kbedale too, or whether they will sun ply have slavery in the snliedttlv *o ttot* up that R oM never he abolished. That i< Hie que idk n submitted; be cause, if I have read Hie ec?s -titntion aright, If the people vote to have the constitution with . at slavery, ImUm article providing for slavery le the constitution is to i>o Mrttn out, ht,t the schedule remains, which naked slavery perpetual. and ftives % monopoly to those who own slaves now In t!:e T-rrltory. keep mg off outsiders, and tinis enhancing their prlciv The people of Kansas go ?oU.c)*> j, the ITesldeot say*, to vote upon wont hn.- been "f?ir!> and explicitly" Momit teil to them Suppe e they v Ho for the umstitution with out flsveiy. W1 it CienT Hiey only g<t the latter cb'i ? of slaterj 'he article m th constitution toh'rru g slave ry is stricken ont, but the schedule, which goes Into d, .ail, vh'tb make? >1 tending, which tic* up the han is of tin legislature, and iltr mpts to tie tip the hands ot all future. OmvcBlions.so that slavery can never bo touched there, r* mains. This is the perfect liberty which the people of Kan sas have | was rejoiced whsn I heard the distinguished Senator fr'<m Illinois, who was the anthor of the Kansas Nebraska bill. Ultimate that at some time he wmild give his views spon the snhlect. I should like to know wheth er this is the perfect freedom which he understood the people of Kansas were to have; but I believe that he has indicated thai he does not think so. Now, I wish to tell you what the President says. He declares niat The frlenls snd supporters "f the Vehrsska and Kansas s -i, ?b?n I'mrgliPg o ? recffl vvcaa to ?uiiam It* wM? provisions before the great tribunal of the American people, never differed about lta true meaning on this subject. Tbat (struggle, that great struggle of which the Presi dent speaks, occurroil at tho time when he was a cimli date for tho presidency of the I'mted States, lie says that on tbat orension "everywhere throughout the UnWi,'' the friends of that bill ? he meatus those who supported James Buchanan ? Kvsrywhere throughout the Union they publicly pledged their faith and their honor that they would cheerfully submit the question of slavery to the decision of the bomi Jidt people of Kansas, without any restriction or qualification whatever. Well, sir, the President says they have done this. He says they have submitted the question, " without any re strictiou or qualification whatever," to Uio people of Kaiifiu). Upon tbat point 1 desire to speak. 1 atn not embarrassed by any of tho other questions* which havn been referred to, but upon this question 1 desire, at some suitable time, when it will be most conve nient to tho Senate, to be heard; and 1 give notice uow to those who care anything about what I may say upon this question, I take issue Willi tho Presi dent. I deny in whole and in part, in geueral and in de tail, that I lie pledge spoken of by (be President hug, in any manner, been redeemed : but, on the contrary, I assert that, in no sense, general or special, have the people of Kansas, by this constitution , tho right of deciding upon the institutions under which they may live. It is uo apolo gy for the President to Ray that after they come into the Union as a State they may amend tho constitution and blot out whatever is obnoxious; because, by the constitu tion which he recommends and ilesiros us to adopt, the nu n who have framed it have done everything they could to tie up the hands of the bona fide people of Kausas. If they have this liberty left ? if a liberty of any sort remains to them to jud?e and determine as to their institutions ? they will not have it in virtue of this constitution, nor in virtue of the proceedings of the l.?compton Convention; but they will have it in spile and hi defiance of this consti tution by riding over it and trampling ita authority under foot, tn virtue of the great principle of popular sovereign ty, of which this in tint a mockery. Having said thin much, I de not w ish any longer to detain the Senate. Mr. ^j(wakii ? 11' I thought il was expedient. Mr. Presi dent, that this day should close upon a debate mi the President'# me?sage ? a document which surveys the con dition of the whole country, and presents to mankind the state of every Interest in it? or as intended to do so, while only one question, aud that the question concerning Kan sas and slavery in Kansas, was examined or considered or reflected upou by the Senate of the United States, I should not think It necessary to say anything. In regard to that, I agree that the debate which has been indicated is well postponed. 1 see that it enlistR an affirmative and a nega tive side. We have been promised, oo tho part of the friends of the President of the United States who approvo of this message and the principles contained in it, an ex planation, a defence of it. 1 am sure I feel for one that the message is very lame and impotent in its argument in this respect, and that something more will be necessary to satisfy me with the portion assumed t>y the President than is contained in the document itself. I am willing to wait until we shall hear? ad I think the country will require to hear? tho argument which is pro mised in Rupport of this i?rt of the message, (in the oth<r band, as the President and those who differ from him stand on a common ground in the beginning of this debate ? that of the acceptance of the Kansas Nebraska bill ? I feel that it is due to those mem bers of the Senate who. stauding upon that ground, differ from the President in the exposition he now gives of those principle-: at this stage in the progress of Kansas from a Territorial to a State government, that they should have an opportunity to be heard first. I believe that their argument, standing upon tbat ground, will have a greater effect than even an argument of the same merit proceed ing upou the same ground from those who have always opposed the policy and principles of that bill. I shall, therefore, cheerfully wait that debate, only savinr that the circumstances of Kansas and of tile . ause of fro , doom tn Kansas are imminent, and tbat 1 ho|? the debut will not be procrastinated or delayed. Bcforo we. are aware of it there may be civil war in Kansaa, and I ] ray that the debate, while it is conducted so as to give every person an opportunity to be heaid, will be brought on and closed here as early as possible. I will take this occasion to sny that 1 congratulate the Senate and the country . au<l I tbank the President of the United States for the improved Rpirit in which this difficult ? in some respects painful? and yet most important subject is presented, the great improvement on the messages which have been received by Congress from his predecessors, in the exalted station which lie tills. Now, in order that all the parts of this rues ?age may be known to have had some consideration here, I wish to notice that portion of the message which relates to tho commercial ami financial troubles of the country, and to say that if the President and bis administration shall be able to suggest any measures which tball tend to fortify i tbe currency of the country, and to save its industrial interests from the periodical convulsions to which they are subject, 1 hope those measures will be eoinmuniea'.ed to Congress at an early day. 1 apprehend there will be found a cheerful response on the part of the representatives of the States and people to any Judicious and safe measures that may tie adopted for that purpose , bat mere dcclama tion on the subject will do little or nothing. I must take occasion to add . that while I think I shall make no obiec tion. ?i> at present advised. u> a general bankrupt law wbicb shall exercise a salutary control over tb? fiscal io Htitotions of the oral States, yet 1 <to not under stand a bankrupt law which is confined merely to lineal operations to be a <? uniform'' bankrupt law within the meaning of the constitution of the l?nited States I re ((ret to get* that there w not only no intimation of a desire on the psvrt of the adm nwt ration to extend the provisions of any bankrupt law which may be passed to debtors other than coriiorations. but that such purpose seems U? be excluded from the view of the administration m the message which ban been presented to us. Tim message Ueati- of our I'oreijt 11 relations. 1 think it may bo re panted a* A sniped on which we can congratulate the people of the country that the dl<p<>-itk?o of the adminis trauon is pacific at the name time that it is tirm and na ^ ti'.nai and I am happy to be able to aild. for myself. the expression of great satisfaction with the course which the administration indicates, in regard especially to the subject of our relations with ureal Britain ami the States on tins continent, involving Central America; 1 have felt mortitled and humiliated to learn ? after the pains which had been taken , and the cooceaalMa which hail been made, by the ("resident and Senate of the I'nitod Stato* ?that the just and liberal treaty offered them at the last session has been rejected. There is another disturbance, perhaps more seriously painful and more immediately dangerous lhan any to wbi -h 1 have alluded, and that in the troubles in the Territory of I'tah tin that subject I h?i>v it may be understood that the opinion of the Ameri can tongress is substantially unanimous, and that Uui world may be ax.iured that the government of the I'ntt^d states will not suit r Its name to be tarnished. Its power to be insulted, the lives of lUt citizens to be destroyed by au enemy, intrenched although he be in Urn Rockjr Moun tain:'., uudcr the forms of the constitution of a Territory of the I niled States I do not immediately commit myself to the project of increasing the army "by tl?e addition of four regiments, but I do sav that every measure which shall be proposed, and be best calculated to establish peace and order in that Territory, shall have my most cheerful support. I beg leave to suggest to that portion of the Senate who may constitute here arv>r a Committee on Military AtThlrs, and may have charge Of this tuMect, whe ther il will not be worth their while to consider whether the Pacific coast will not furnish the proper scene for the en listment of men, and for the despatch of soldiers to quell this rebellion, and whether the operations necmaary can not be more advantageously instituted in Oklifortiia than on this side of |^e mountains Mr. Dnroue? As there seems to he a disposition to de bate this question before we can have a vote on the mo tion to print, and aa there have been Intimations on both sides of the chamber ? for I seem to stand between the parties? that tbey are waitng to hear what I may have to say upon this point. If It be agreeable to the Senate I will very briefly state my reasons of dissent to morrow when the Senate shall meet, in order not to delay the vote on the motion to print the message Mr. Mas>>s ? I do not know bow It is with other se nators, but before this debate is gone into, I should be very much gratilied to have an opportunity of examining those documents upon which toe President rests h? Judgment in the communication be has sent us. Kansas is a very distant place from us. and for one I am frne to declare that all the lnformatk>n 1 have been enabled to obtain from there during the last six months has come through very questionable sources, upon every subject, whether of incidents occurring there or of tbelr laws or their action We are to take It for granted that the Presi dent lias sent to us a body of information derived officially, on which he has rested the judgment given tn his m?s ?age. I submit to honorable senators, therefore, whe ther we should not, for the propriety of the occasion, as well as for our own information . allow these documents to be printed as speedily as possible Being on my feet, I wt'l take the ncenUm to declare that . if 1 under sand by the President's message, as I do understand it at present, I hat he means that the action of the Kansas Convention, being a legitimate Convention, be the action of the Or?n venlion w bat It may, is to be respected by the Ohngress ot the ('nited States. 1 not only agree with htm, but I tiere aver that there is no jurist in the )and who could nut de monstrate, as a question of law. that the federal govern ment was bound to respect it under the existing law? 1 mean the Kansas Nebraska act. That act gave to those people the whole political power, without any reserv.it n n, submitting It only in It* exercise to the constitution of the l'nlted States |f we are now to criticise what they have done, provided they pursued the firm" of their own lasrs? and I presume they did ? far lees ir we are to alt rognte It, we cannot do so unlw we lake hack all that i we have done, r" " Territory, an* <? i ? . of pupiWiee ' I, "we 5a. ti ... tod you with t yuu bave shown yourselvea uuapa ble of ev It, an, I, therefore, we, an your masters, ?vlll now . yon.' ] say soch arc the impr>s s, 1 1 ?ie? wirom ?'l tho information 1 liave in rel ition l" i t ii i f-itruo tho President's me-* m?s cerre' ' s mormon m entirely impregnable >m that subject, ltd |>? exceedingly sorry lo bj obliged to g'. tiu i rate- and I should be very *r*rr If the honorable s. nator from Illinois, who has given tiro Challenge ? I mean a challenge us public opinion ? at the wry flrt-t hop of the ball, should find himself const ra .ied to go lulo this debate without having the benefit of all the tnf( rmati'sn upon which the President ? mc?sag? rosts I hope, therefore, that the honorable Senator from Maine v ill t.ot persist in his motion to refer the froposttkm ti prtrt: but that, as has been su^^ested for mutual ennve mrncc.lhe vote !?? priU will be taken, and that the print iri? msy >-o en wh le the debetr ceettaoas . for it w if take a loer while, 1 presume, to pr'nt Uie voluminous mass of dorr.ni"nt? Itefore us. Mr Kawtftimx? I bad but a single object, and I do not frel disposed to urge It against the wish and feelings of Senators My only desire was to call the attention of the Senate to what has been considered heretofore a matter of some consequence. I bave no interest In it other than as one of the Senators. Mr IYmw? Allow me to make a suggestion which Will, 1 think, obviate the diUculty. I suppose we do not care about seeing very soon the documents relative to foreign sffsirs. The Sepstor from Maiqc does not doubt that ft will be important to print In foil nil tbe document* rela tive to Kaiuuig. I suggest, thereforo, that we makn simply an order to print tbe ordinary number of the President '* message and the document* relating to KanijaM. The rent of it we can look after when we have a committee and printer. Mr. Iiorouin? I accept the amendment. HHi Mr. Tnm*ru? Before the message passe* from tho consideration of the Senato at this time, I dewire to My a word In regard to an assumption which is mado in it, which I think Is not fouuded in fact, and upon which tho whole argument or Uio President in regard to Kansas is based, 4 believe it right and proper to combat error upon all oflMhlons, and to meet it at the threshold. The Presi dent, U> treating upon this Kansas question, siieak* of tbe convention which met at IecompUm , and framed a con stitution, oh if it were a legitimate convention. The honorable Senator from Virginia haa just spoken of it oh a legitimate convention. Now, sir, I doay in toto that that Convention possessed any authority whatever; und I do not place my denial on the ground that tun Tur ritorial legislature of Kansas was a fraudulent legisla ture. I believe that to bo so. I bclievo that tlie Lugislu turc bad 110 authority to act upon any subject, but, con ceding that It was tho legitimate I egmlituro of tho Terri tory of Kansas, properly convened under the organic act, I deny that it had any authority whatever to initiate a Convention to form a constitution for tho [xjople of Kansas and destroy the Territorial government. The Googretu of the United Statu, at its last session, refused repeatedly to authorize the people of Kansas to form a State constitu tion. Bill after bill was presented to glvo authority to the people to hold a convention and form a constitution, pre

paratory to admission iiito tho 1 'nion; but all tailed. Such an act was pasted in regard to Minnesota, and such has been tbe usual courso in roga. d to all Territories. Now, I do not undertake to i*ay that Congress may not take up and ratify tho proceedings of a Convention which w called without legal authority. Tlioy have done so In aevwral instances, as in Michigan and Call torn la. Congress has not always passed an en abling act In the tlrst instance, hut usually it has. I do not t>ay, however, that the Convention which mot to form a constitution in Kansas, under tho authority of tho Territo rial legislature, was not a Convention convened in pur suance of law; because a Territorial legislature has no authority to do any net destructive of tho Territorial or ganization. and the authority granted in the Kunsun act authorizing the Torrional legislature to legislate on all rightful subjects, not inconsistent with the constitution of the United States and tho organic act, is not different from the authority which was grunted to Territories in previous instances. In looking at the act for the organization of the Territory of Minnesota, J Und that its sixth Motion do dares "that the legislative power ot tho Territory shall ex tend to all rightful subjects of legislation consistent with the constitution of the United States and the. provisions of the organic act." So, also, the Territorial actestablshing the Territory of Arkansas provided that us legislature should have authority ' to pass any law for the administration of Justice in said Territory," which should uot be repugnant to the organic act, or inconsistent with the. constitution of the United States. In regard to Micmgau. tbe organic act gave authority to the legislature <?? make laws in all cases for the good government of tho district, not repugnant to the ordinance of 1787 . under winch :t was organized Now, sir. I wish to call attention to a precedent on this subject, for it is no new question. Some years ago an at tempt was about being made in the then Territory of Arkansas to get up a convention under the Territorial act. Tlie coverior of Arkansas addressed tho President of the United States, at that time Generul Jackson, to know what Course he should pursue in case the Territorial legislature attempted to call a convention to t'orm a Matt constitution. General Jackson referred tho communication to the At torney General of the United Stales, and here is his opinion:? The Legislative power Is rested In a General Assembly composed of two branahes the Legislative Council and the House of Reprvsenatives - both of which are elected by ilt? people. The net providing for the government of ibe Terri tory of Missouri, approved .lone 4, 1KI2, an<l which Is adopted In (lie laws relating to Arkansas, ns defining th? power* of the legislative department, dee lures ' that the General Assembly shall have power to make laws In all cases, both civil and criminal, for tho good government of the people of said Terri tory, not renngnant to, or Insonai stent with, the constitution una laws of the Inited Mates." This partof tbe law Is to be taken in connection wiib the. other provisions contained tn It; und when so considered, it will he seen that the whole law was designed to accomplish '.he single purpose of organizing a temporary Territorial government, which was intended to re main subject at all time* to ihe control ot t'ongress, under the authority conferred iipon It by the constitution of the foiled fitates. In tbe exercise of 'his authorlivt Congress may, tut pleasure, repeal or modify the :aw* passed by the Territorial Legislature, and may, at any time, abrogate and remodel the Legislature itself, and all the other departments of tbe Terrt tonal government. To suppose that the legislative powers granted to the dene rsl Assembly in lode 'he authority to abrogate, alter or modi fy the Territorial government established by the act of Con kretw, and of whirDthc. Asm ml iy is a constituent part, would tie manifestly absurd. The act of Congresa, *<> far as It LH consistent with tbe const! utloa of the lulled Slates, and with tbe treaty by which the Territory, a* a part of Louisiana, was ceded to tbe United Mates, t* the supreme law of the Terrt lory. Ills paramount to the power ot ihe Territorial Legtata ture, and can only he revoked or altered by the auih'rry from which It emanated The General Assembly and the people of the Territory are as much hound by its provisions, ami us Incapable of abrogating them, aa tbe Legislature* and people ot the American states are liouad by aud Incapable of abrogating the constitution of the UnltedAta.es. lMaal<i<? maxim ?f universal Jaw that when a particular thing is pro hlblted by law. all means, attempts nc contrivances to ett. ot such thing are also prohibited. Consequently, It Is not In 'he power of the tleneral Assembly of Arkansas to pass any law tor the purpose of eleellng members to form ? constitution and State government, nor to do any other act, dlrecily or in directly, to create such new government. Kvery such law, even though It were approved by lb* Governor of Ike Terri lory, would be mill and void if passed by them, notwlth standing bis Ms, by a w>te of two thlrits of each branch, It would still beeipially vo.u. Tins wag the ground uik' ii by the admuilatratinn of On. Jackson in regard to A rk:uwn? . and the poaitMM la aii uu iuihwitsIiIi' one. Any law |m*K<d by thn Territorial gixlaturi' of Raima* which puR*eK*rd no greater author! ly UlAQ the of Atkaiucia ? initialing u convention, 111 utterly null and void The Attorney General tbvu goe* ou to lilgcuaa the right of the people to petltkm. ami to get up a government and present it lo t'ongrcra, u k iilk to be admitted an a tnt>> the t'niou He argute thai they have no power to put into operation a constitution emanating from ibe people, without eongre* mon.il authority, but they have the right to arfaemblu and petition for a redrew of gri< vancea, and If they think pro per to prevent their petition in the l'oriu of a < mnttituiina, an the people of Hanson diu the Topekn conatttution , leaving It to Congnsa to determine whether to a<l mlt them or not. |?ui tbii* convention which met at Lecompton originated in a rail of the Tern tonal legislature. and la entitle 1 lo juwt ax much reapect, and no more than would he a rail emanating from the aamo nuuitar <>l |<enona who are equally ratpr* Luble, and not uiciulmra of thai Logmlnture. Itut, sir, tlicro in other authority than the odminlatrntwn Of General .lack non and th? opinion of th? Attorney <ten?r?l in 1*30. We have authority which I nppr<*h<-rid will Ite satisfactory even to the ?. iialor from Ivania. (Mr. Bigler,) who endorsed Ill's mesrav" in full In the debate which took plane u|Nin the admi* :ton of Michigan roto th? Union, an ob)? Ihju wh ralecd that the convention which assembled in the Territory of Michigan had not been authorised by the Territorial Legislature, but emanated from aponta neous meeting* got up in the Territory? a aort of volun tary convention. Mr. Itur.hanan answered that ob jection. Mr Haijc? What Buchanan wan that ' Mr Tut am ix? Mr Jainea Huchauan, now President of the I'nlted stater I will read what he aaid from the Om grrririonot Globe of that day We ought not to apply the rigid rule* of ab? rart political erlenca too rlgnrnualy to au> h eaaea. It haa been our frwettoa nrMnrt to treat our infant Terrttorina with parental we tonnraethem with klndiieaa ?ud when ibey (ltd attained the age of manhood. to admit them Into the family without re quiring fr'.m them a rigid adherence to forma. The great qneai w na to he derided are ? JV> ihey contain a aiiffl.-ient pop niattonf H ?ve they adopted a rrpiihltran ron uifutlon ' And are they willing to enter toe I'nkm upon the irrma whiah we propoae? If ao, all ibe preliminary proeewdlaga have been ronaldered hut mere forma, which we have waived In r?p#?' ed inatanrea. Thi rare bot the aeaffbldln f of th." building which la of no further u?e after the edifice la complete We have pursued thia rmwoe in regard to Tenneaare. to Arkan aaa. and tvea to Mi'-bigan Hit Senator will pretrnJ lhattheir Trrritotlal 1.eglal*iiue? bad any right wb*i??erto pa?a l*wa enabling the people to elect delegate* to a conTenUod inr tlte ptirpoae of rotmlng a State rotiatititUon It waa an act of vanrpatton op tbeir part That war the language of .lameV thtrh.inan. now Preat dent m the (*nito<l Stau-e, who ??!!< am|?-d tiix army round ahont thi* I erompton Oonvrntioa, declared N legal, and now talk* about it aa a legitimate convention, and apeak? in hie meaaage here of an clertiou which i* to be held under ita authority aa legitimate. It waa an act of uanr patlon on the part of the l^gwlaturr, to uac hia own Ian guage, ever to have iwaaed an act calling Into being a con vention u> form a State com titution. How idle la it. then, to talk of thia l^rompton Convention a# a legitimate one, emanating fnmi competent authority' In the aamc a pet ' b Ircm which 1 before read, Mr. Buchanan re marked ? The Penator from Ohio iMr Rwlngi baa ei^itende l thai the aeeond Klchtuiai fimveaUni bad no p?,wi>r to aaaent, beeonae tb" hrat CMtetUm which waa held had refuaed. Mr Kwiju; aaid he had aaked whether, tf the neat f'otiven tion had aaeeated to the rondtUon propoaej ity the art of Con grea* there would have been any ohjertion lo thia a went he cauae It bad been called by virtue of an act of the Legtala ture Mr Btciiiwaa aaid, certainly not It never could hare been contended that thta act of the l<eglalature had vitiated the aiiheequent proeeedlnga of the Convention Although H waa not neeeaaary ?o glee them validity, yet It won Id not deat roy the? It could neither make the na?e better 0'>r worae. Tli at waa the optnlon of Mr Buchanan <n regard to tli? mthorlty of a Territorial I*gialatur< poaaeaaing all tbo rn?. r# under the organic act whtrh the Kan na T'-rrttor al ?-g' lat ?e i,,M*ea?e<l to call a convention to fnrm a con rtitut'oi WoW, <r. I undertake to any that thta Lrr >mp Man 'X>ivi ^ttnt w*? M a legitimate convention, that k p<ieaeraed Bo .inthi fy whatever, and that all it* "Oart menta which It hu uQilartakMi to carry Mo aib et, auch a? or tering an electhm ?o ''a lliw rllil bv it? 1'reaidcnt, ? void; 'nat every a. t which It haa attempted to aatab llai over Ibe j.eopi,. of Kanaa?, wittim t their aubae<i ient rattAcaion. lr, In the laifu.ve ut Mr. Buchanan, a uaurpn Hoo and no mim U bound to aubmli to It. If tt.o Oonvon tk>n submit th"4r proreertlligg to the ai lion of the pe >|>lo and the peoplo endurao them, that might give them va Hdity; but without Mch endoraement Uiev can have no binding iorce, becatiao tliey do not emanate from a legiti mate aottrce. Tin r? la one other point M rr -*rd to tbia lanoaaa matler to wbtcb 1 deairo to a.l da. Tlie Preaident ap? aka of the auhmlaalon of Ukj alavery queetlon to the people of Kanaae in the mauoer In wbtt h M is i.ihmitte'i? b > .mperfectly at the most ? aa a fair carrying ?art of the prncipla of the Kanaa Nebraaka bill ?t bill haa hnan held up beflore the conntry aa ea tahl?hir>g the great prinalpte o( aelf government, aa rata bltahing the principle for which our fathera (ought to aernre our lldcp.tidrnce? the principle of allowing the peoplt to regulate theit own domtwtlc institutions In 'heir own way. and vhtJRim it amount to, ording lo Mr Ihiclmnant It amdVnta atmply to giving tho free white people <4 Kanaaa a right to determine the condition of a few ncgroea hereafter to be brought into the -tale ? and aothirg more The condition of thoae now tharc cannot be touched. To thi* has the great principle of telf fit . eminent now eomo, according to tho recognized nent ol the party which inaugurated the Kansas octl Tho freo people of Kansas have no right, under tho I-eeompton constitution, to determine on tho organic law under which they tball live. They have no right to determine the in etitutioiM for the government of white men ? not at all. They cannot determine what sort of a legislature they nhall have, of how many member* it Rhall constat, what the qualification!) tor membership shall be. Thoy cannot paw on tho right of suffrage. They cannot deter mine as to the creation of banks, other corjiorauonH, and a thousand other things which are put into tho constitu t ons by the people in all our states, for the government 01 free white men; but they may determine what shall he the couditton of a few negroes, hereafter to bo Introduced ; and that is the great principle of popular sovereignty ? ac cording to the message I I shall have occasion , at some future time, to speak uioro at length in regard to this docu ment. My only object in rising now wai to meet tlio assumption ? not founded, an I uonceive, in correct law? that the convention which assembled under the authority of the Territorial Legislature was a legitimate convention. It was not as good u convention aa the ono which met at Topcka, because thai convention did emanate from a (>or tion of the pcoplo at least, whereas tho l<ecompton Con vention emanated, as 1 insist, from a set of usurpers. Mr. Browk ? An hour and a half since 1 moved an ad journment, because I then saw. and stated, that we were about to be hurried prematurely into a discussion of the merits of this message. A document of no much iin|K>r tance needs, l think? bo far as 1 mysell am concerned 1 know? to bo deeply studied before Senators can express opinions upon it which are to bind them, and, to a very great extent, give direction to public opiniou throughout the Union, and 1 may say throughout tho world. There seems to me, Blr, to be an eagerness to enter upon this d.BCUKdon; an anxiety to Und fault on the one side and to applaud on the oth?r, but more especially, it see ma, to tind fault with the (MMaM imperfectly heard from tho Secretary's desk, and perhaps moro imperfectly un derstood. Among the junior members of the Senate tho appeal, perhaps, comes badly from me to ask a day that Senators may Klecp a night on this document before they insist on embracing opinions ami sending them in newspa pers and ujion telegraphic wires throughout all the (ountry.to give direction to public opiniou upon great questions, particularly upou one question which the Senator from New York has indicated, may yet give rise to civil war. I cannot follow the logic of that Sena tor wheu he says that ho is anxious, impa tient for the debate; hut yet, as I undestnod him, ho said that, before we reached tho coming in of tho next year, we unght have civil war in Kansas. Sir, if them be civil war lying in our path, and not a month off, how vastly 1m purtaut must it be to this deliberative body that every Se nator who speaks shall speak upon deliberation! Have Se nators well considered the importance which the country will attach to words spoken here to-day, perhaps lightly thrown off. the impulses of tho momout, the feelings of the instant produced by tho reading of the mifioriant paper? Yet, sir, at the very moment while I address this august body, words already H|ioken hero are being car ried to the remotest part of the republic to produce their impression. Possibly, before this body shall have met again to morrow, these words will be in print and be read HI XMMI to UNM public l'eeliug there. I implore Se nators to consider well before they take positions and utter sentiments which I am sure cannot be well matured on Ul'tein minuter.' relleotion, or rather apflB uo rellection at all. To test the sense of the Senate on this question, I renew my motion to adjourn; and I will not withdraw it at the instance of any Senator. The motion was agreed to, and the Senate adjourned. Abstract of the Second Day's Debate. WasHiNfiTOv, I?ec. ?, 1857. The pending resolution on the printing of tho President's mcFsuge wn? then called up In' Mr. Pot ui As, who proceooaed, in an eloquent and co gent argument, to dlscuwi so much of that document as relates to the Territory of Kansas. He commenced by ex liressing his satisfaction to find that, in intimating on tho preceding day some dissent from this part of tho message, he bad so greatly exaggerate <1 the real grounds of differ ence between himself and the President. A critical and careful perusal of the paper sufficed to show that tho President had not approved the course of the Ijfoomptnn Convention, and had not recommended the adoption of its work by Congress. Not only had he (the President) inti - mated his disappointment at the decision of the Conven tion, but had still more expressly marked his disapprobation of its policy by citing with terms of approval the stipulations of the Minnesota act, passed by the last Congress, and in which it was provided that the constitution formed by tho Con V cation of that Territory should be submittal to tho peo ple. Tho President, bv expri'sslng the hope that this stipulation might hereafter be inserted In all xunilaj acts, and by adding that ho '-had taken K for granted" that the Kansas Convention would conform its action to this exam ple, must l>e considered to have announced his view-t of the prinriple that should govern tho present case in terms not to he mistaken, though undoubtedly he left tt to he in lerred that If Congress should agree to adopt the work of the Convention lie would wt> n>oeo no objections. Thw was as it should be The constitution conferred on Con cress the power to admit n< w 'tat<- , and th? President, therefore, acted wisely tS leaving the pen ling question in the hands of those to whom It belonged . By abstaining from any recommendation in the premise* he had clearly shown, however, that this was not an "administration measure. " But, in cordially agreeing with the President in the go neral principles thus announced, the speaker txpriwed his entire dissent from the interpretation placed] by the mes-sge on the mean Tig and purport of the Kansas Ne braska set The lYesident, In sttppostaff that the soopo of I that legislation was confined to the subject of slavery, committed a fundamental error, which, however, wa* noi inej pliCHble under the circumstances At the time the K.msas Nenrsska art was umh r discussion tn Congress Mr. Bii 'hanaa wa i representing with frr< at ability ami use fulness the iuloresta ami h?iu?>r of hi* country ai a foreign Court, and therefore cnuld not be i xpo< ted t<> have closely scanned the arguments of ita mipju'ru rs What wan the maiu consideration urged by ita mends m Congress? It wim lhat the people ikuM he left free to decide for themselves Uie qui*tiou of slavery, a* they were already free to decide all question* relating to the judiciary, common school*, hank*, finance, taxation, Ac. It waa urged lhat If the people are allowed to determine the laws that regulate the relations between husband ami wife, pa rent and child, guardian and ward, they should also bo left to determine whether they will recognise nr noi tho relation of master and slave. And hoaoe the Missouri re "friction was repealed as Infringing the sovereign right of the people with reference to the question ot slavery, and with the view of establishing by such rejteal a general and uniform principle, which should <i|u.iUy apply to slavery and all other topics of domestic concern, ami not to one such topic either more or less than another. I'pon this understanding of the Kansas-Nebraska Act the last Presidential contest was waited by the democratic party and the victory won. The principle was too, dear ami too vital to ho either ignored nr frittered away, and the error of the I'remrti nt in thia regard was radical. fundamental, and subversive of the party platform on which he was elected. Irctn thi* slalemctitof the case it neces artly followed that the same reasoning employed by the President to vln dicate the propriety ot referring the slavery question to popular decision should he held equally applicable to all other " domestic Institutions." Nor did it suffice tn sav that the Kansas Convention waa ? legal body, and as such excluded Congress from review ing and reversing Ita decision. The late convention had never been recognised hy nonpros*, which, in distinctly refusing tn pass an enabling art for that purpose, ha-l rather withheld ita assent from the aasetnbltng ot any convention in Kansas Nor did the organic art nr that Territory confer open the legislature the power to au tbor.se snrh a body. Territorial convention* were strictly legal only when held in pursuance of an act of 0>ngri'*s. Tt?is was the dnotr'iie announced hy the administration of President Jackson us the case of Arkansas, and reaffirmed In a report of the Com mute# i,n Territories in the ('cited St.?te? senate so late as the 11th March, 1*M. Without such Congressional sanctk n the action of a convention can be regarded as nothing more than a |ietltkm to Congress, which that body may receive or reject at ita discrete* Pie I/erotnptoo Convention was, however, a lawfttl b'-Ijr, Waause the peopla bat e at ail limes a right to petition t '??ngre-s for a rcdrnss of grievances, and if ( inn it r ess were satisfied that the lj(inf lot ? onstitulion embodied the will of the poo pie of Kansas it would be i ornpetcnt to accept the |>end >ng project. It was generally understood by tbe people oi Kansas, both those who voted for the delegate to the I>ecomp ton Convention and those who did not, that the constitu tion was to be submitted to the people for ratification or rejection. Such too was tbe understanding of the people throughout the wbole country, as derved from the Presi dent's instructions to Governor Walker, the inaugural address nf that functionary, and other ofUcial |i*p?r?. I'pon tlrs understanding Core mot Ransom, the democra ts candidate for Congressional delegate from Kansas, can ssssed tbe Terr tory prevl"?s to the last October election Tbe pledges and promises thus made hare nut been satis ncd by the QnrtMln. The Convention provides lhat the constitution shall l>e submitted, ft to true, bttl in such a way ss to render it rather a mockery than a practical exemplification of popular sovereignty. The people may vnte tor the ooMMMm, but not against tt. and Ui? res son a*s'goed by seme in defence of s<n u a denial tat found in the alleged tact that a matority of tbe people of K tiisaa were bent on voting the project down without regard to its merita Into the probable motives which might thus actuate such a majority it is not the business of President* nor Senates to enter The majority has a right to enHinX its w ll, reasonable or iinr*A. '?'?hl<' as it may apf'sr to others Hut It I* st I that theC' iivntlon Une lairlv and evpiicitly ?reseutvd ih# s'svety qn*st sn for pofnlar sctn.-m. nt This the speaker cest i' >uedt for NwasMlvt oondg on preecderg to vr ' this subjoc. that Ukko who v otr either for ?* 'shall also vie for tin constitution. ' .?e voti .m tills pomt, with a f? rc , ..4ie.>oi Mnsttt.itlon on all other i?mts. U"' ( t Tit. <n ;ian rc.. v tended to diafi anchise as m.ni) at mifbl desire to ? < either for or agmrst s.avfi \ , hut whose repugnant ? m th ? constitution la ?thvr re?pe?fs msv suffice to keep them f??m the polls. The question o' sis very, so f?r from being presented slnglv snd explicitly, k. really overlaid by all the pfwrMomi of the constitution on other points, since the s ni'U.1 be votod for as a condition to Venn? for or against t' at tustitution. Whether, therefore, the "slavery sei twm ' ni.ail t.e ??voted out" nr "*<>ted in, ' a fair and full c*p'cs-kti ot the |<opnlar vo ce on even 'his sit r' nt ensured It. view 01 those f* ts the s rftnr Ueejgl ??t;>u gress should pass an enabling . Mt'ittixtng tin ..?i.d anew ctwretHsm, and pt?u (or the (nr sflhmis > >n of the con?fltulton, as in tli? cent cn-e oi vlmm >ti This would be JnM In Itself, and would work a imnfllnB of peace and confidem e. not only in Kan-M*. but m the rour. try ai large For himself, though all should d? ert Idm, he wonld ~tand by the ureal principle* of self gn veriitnent, In their simplicity and in lh> ir Inteur'ty Mr. mum, i if Pennsylvania, replied id a brief speech le lb* arguments advanced by Mr l*ouglas, wh i. he re gretted to say. had taken a view of the pending question *UiCh t??atd to ii m v vta mtiq vuU.^ oiwrj Ihuugb himself regretting tho decision ma<fyfc?the Convention in the mat tor of submitting t h?f constitution , be could not overlook the praotical advantages that might accrue from accepting their work tn it* present shape. Thia would calm a dangerous agiUtjon, and it seemed to him the dictate of patriotic duty to put the beat rather than the worst construction upon Ihe Convention and ita doings. It should be remembered that the circumstance* of Kansas were peculiar On this point he spoke from personal observation. He ha<l mingled with the people oC that Territory, and found, on the part of many, an indis position to recognise in any way, or to any degree, the legality of the lata constitutional convention. So de> termined were Mime In their hostility to that body, ami in their determination to have the Topeka constitution , that they avowed in advance their purpose to "vote down" tha U'compton project, without regard to it* content*. I'nder such circumstances it was not wholly unnatural that the Convention should make the decision for which it in now blamed. Foreseeing that their wort would not be Judged on it* merits, they refused to strengthen tho hands of faction by submitting it at all. If this was not Justifiable, it wo? yet not wholly in explicable. Mr. U. thought that Congress wan estopped from going behind the Convention by the democratic prin ciple of non luterventlon on the part of the federal go vernment in tho domestic affairs of the Territories; and when no practical wrong could possibly result from ad mitting Kansas into the I'nion under the |>ending constitu tion, lie considered it the duty of Congress to avail itself c f the opportunity now presented to give peace to tha . Territory and to the country. High and wise considera tions of public policy plead in behalf of this course. After a brief colloquy on certain point* Involved in tb ? discussion, and which was participated in by Messrs. Mason, ItottKla*. Bigler and Hale, the further consideration of the subject was, on motion of Mr. fireen, positioned until Monday next. TUK KAN8AH Qt'KSTION AND TIIK OHIO DKt.KO ATION. H"I mk os Rkhhrhkntativkh, I Wa*iiii??T().v. Dec. 9, 1867 { to tiir KprroH or tiik isio*. Sir ? In the K> public of Dec. 8, 1867, I observe tho fol lowing : ? "A democratic member from Ohio says that tho demo cratic delegation from that .state have unanimously voted in caucus toopjwise tho Leoompton constitution. ' ' The foregoing statement Is not correct. Tho subject re ferred to ho* never been oithor canvassed <ir voted upon In any meeting of the democratic members of tho dele gation from Ohio. Yours, respectfully, WU. LAWRENCE. Our Washington Correspondence. Wasiii*iitov, l>ec. 0, 1867. Thi ? Position of Smator Dougliu on tks Kansas Qwrtion*? Ike I'rtirnt V<m\tion of Affair* ? Ike Sectional Struggle for Supremacy in thf Territory ? Wko I'rvmpt* Secretary Martian i AUa estjacta. Jadgn Douglas delivered his great speocli on Kansas in tho Senate, and was listened to with pain on one side, and with rapturous applause on thn other. Ho differed from the lYealdent in Into on the Lecompton con stitution ? at tlrst with moderation, and in terms perfectly respectful, but being irritated by some remarks of Gov ernor Fligler, of Pennsylvania, he indulged in some sarcatt lic rallies in regard ti tho President which were not in good taste and against his own purpose. It is always so when warlike forces are brought in immediate contact. Neither party may be intent upon war , but arrayed in oppo ? sitlon they soon look on each other a* hostile; then follow* provocation and excitement, and flnnlly an unhappy blow is dealt, which is followed by a general scuttle. The passion* or men are tho same everywhere, and when hostilities urn once commenced, none of the combatant* can exactly toll where he is going to stop. " Blessed are the peace mak ers." lowering as the political clouds undoubtedly appear, wo shall, alter all, not have a very great storm. The slavery clause will be fairly submitted to the peopln of Kansas; they will vote upon it. and the constitution will iwmn hero wiji the slavery clause^ stricken out. That is all that is, wo.-, and will be, about Kansas That was the sole ques tion which agitated the |>eople of the Territory, (including those who were n ot there by Northern and Southern fa il. ilics. i and wliic li entered into (he last I'resdentul con test. Who shall - ay that such a constitution will not prova acceptable to Congress V Who shall assert that it will not prove perfectly satisfactory U> tho people of the whole I'nion f Our people area practical people; they will not be thrown oil their balance l>y an abstraction ; they do not care a button whether tha constitution was framed in o/4ima forma juris. or whether irregularities took place is-castoned by the tierce struggle of rival factions, ifthedishprovesavory.no ?>ni> c.ire-i whether the salt was put in before the butter, or the but ter before the salt. The Territory of Kansas Icis not been settled tn the or dinary way. Funds were provided by the uhabiUnt? of Northern and Southern States to send emigrants thither? not so much us bona luU settlers, but to act as representa tives ol contacting opinions in the States. This wa-t charged upon the Ireesotlers by Judge Douglas h.uiself on the stump, snd the fact has bono patent to the whol-> country. 17m struggle in Kansas, therefore, wa* a struggle between the Mates for awcBdaaoy , and the South has had the worst of it Now that the s?uth is retreating and pressed by the North. Is It a wonder that a fetr [ cavaliers should tire a random shot at their pursuers? Is It prudent ? la It gallant ? is It magnanimous for thit North on that account to renew thegener.il onslaught, an<1 iu this hour of our national distress, to light the whole battle over againr These " rascally pro slavery Ijeeomp ton conventionists'' are, after all, no sepoys ? no vile m i Lneers hut our brethren, sons of those who have stoo I by us in the hour of need, whose blood wa* mixed wit'i ours In the revolution, and in every successive struggle for national honor and graudeur. It was poured out freely and generously on our common battle n?lds. Their ta lents. Uieir genius, their wealth, ,in<t their sacrifices ha v. t enriched the whole common patrimony, and we cannot id reason expect but that they will be pugnacious of Uieir uliare in it. No confederacy ran *qh*i*t without mutual conee?*K>?>?, ?n<t they are e?|>eeially becoming to tbe atrnnge T party. Kan?ai? ui in b? i frw HW* ? that ?* aettiedj lb* *ul>?tance being with the North, it u> M'uwlyi prtw? of *tate*maoahtp to quarrel about the nliadow The peo ple are tired of llie ?lavery IriMn, which aland* in ih? way of all other healthful leguilallnu , and they haTe ouo - fldem e in ''Old Buck's" wisdom, prudeni ?? ami cgperienc* to guul* thn ship of State UlfBMh IIm' breakers. Mr. Hut hanan ha* no other ambition lint thai of leaving h n name in tin- In lory M IiIn M uniry, un't ?. ix loo lata In the day now, utter nearly half -i century* faithful put.lic *ervice , to impugn cither lux motive* or h.* cha racter. Those who have for a long time enclnaively de I voted tbemselve* to one subject naturally b?d>e>? that it ooRTomwrn the whole civilized world, while to the statesman of ri|wr year* ilnn* appear in th? I Nlii tive proportion*, enabling him to give each its proper place and *alue. The Kan-v i<- (ion from being a ftutmrdliialc one. c ame vrry near dividing the l'n?? into two great geographical section* Mr Huchanau- policy, thu* lar, baa bcaied the brea. Ii, and Mi practical ? tales man* tup will prevent a second flight over a |*?*t iaeue Secretary Stanton baa coot ok eU the legislature of Kan ?a*, and will probably be removal. </??"' 1 1 1 he do *o to carry out Governor Walker's plan? The Presidency, in tj? . if a groat thoir l"H ?'.? ? t. "i n ? *.4 better one. W APtiiioTu*, Dec. 9, U57. Iirtuglat Phillip**1 Agrirut tkr AdminHratvm? An /n ? ?? dr l ino t>f thr I'lnU of Ike f'abal ? 7A<" ATm T TTilory of Artmma ? /'r<ia/fc Rnifwilina </ 0ee. Wnlktr, dr. In my correspondence for the llgSAUi, | have rteacr bed the varying phase* of polltx-a! sentiment on the K.?r.-a* question, among tlmee who hare been recognised a a lea.|. era or chief* of the democratic party. I have specially spoken of Judge Icmglae. ax be appeared to lie the hea<t and front, in connection with tiov. Walker, of tbe move* ment set on foot In opposition to the tdtmnistr.iiioa. When fresh from the Weal, and when in communion with tbe Walker faction in New ^ork, the 'Utile Uiant wai full of wrath afterward*, be became aubdaed somewhat under a Washington atmoephere ; then, while bis friend* were hopin* moat for hi* reputation and consistency he suddenly disappointed them by an apparently mature 4 announcement yesterday In the Senate, after the !*re*. dent'a message had been read, of but "ppoaitton to tbe ad m inlet ration, which wa* *0 marked a* ui call forth Kratv laUiry eipre*aN>n? from .Senator* Mewar<l and Hale and now . U> day . be ba* . in hi* (peech in the Senate , diaap pointed both Uie friend* and enemi1"* id tlie government. Ili* view* arc materially m<*line?l *tn.-e vo*ter>lay , and *0 he i-onfe<*ed in the o|iening of hi* *peech. Tbe (alleri< n and lobby of the Senate were crowded at an early hour, Many of the foreign miniatert and a large auditory of ta il Me, unong them hm beautitul w.fe, were tbero to bear the terrible I <em<>*theu!>j ph.iippo which had lieen *0 oat'nia'ioualjr an, r?uin"e<i. "Judge iHiiu'la w L*to*neak agiMMttlte admtaietrRi .??. ? were the w to* bru ted about everywhere It *iJ tbi t< ( H' ofCor?\?r?al:< u Iroro t'le time be m.ta'ethe initio III"-*, in' nt y >terilay '"I the delivery of IIm aiaMck to dav . Not much haa b?en *aid about it *mce He fail fuor ? Uian rne >en*e it wan a drcimmr peeell )> im> |ioliiV-no great theme on wh ch to dwell, h* ' mn ckpeiv ed tn qiithbte*. In mete te. I nicaltt .1 the mteerable work ot bair aplltt'or flw FfWtdeul b*l l> It notbinc. in realty, for hlin !<? ?T|'?"\ ituhw '.e l?a<l gime n er ntanfrliy to the parte of Seward awl Hale. Tb II* then, to 'i*< the ' ? la ?' 'aeg ? 'ge. ' or lerpatcbo re\ti ?im> of a laur-ru .*he-l ct. ,img coterntw ear/ <4 Wa?hlnglon. "Judge |*n:)Tl?* ba* ?( ? Be 1 the ball. In regard to theee an?ret.t Utile tie ?t.?ga and turn ing* of Mr. T>oug'*? within the laet lew day*, Uiere fc? a remarkable b t <if<n?Me bMwy reii wcrtb i?4ing and re Iticttibertng fb' re t? a very conmon, and oonaMer?4 vulgar eTBreMK'ti , thoug1! fordt ie. ?mi ?*peei,.|iy aapli cable here o." "lyme tw ' Judge Itougla* l.a< be,'? ??lying low ' until n<? nr enda ?ev<?r.d the printing ?n<t m<?? in t ortAFit oflte r *4 tHe capital. Th;* 1* a j<a-t of th<? programme which I erpltined iu my coalman cMta* of ll,r 7th. Mrtnb- r? of Congre** have l?< n greatly my*U dnl ?,any geclate IImiI ha-i Ibry b.-< n an well mfotiu??t t, ttiey no* are rt ilia time thcr went into < aucue. tl?e? ?r< uld bave *ole<l differently. Fnrtiey. Ikmglaa, Walker, K,r \>>w York Hotel clique and their a/cnt*. have thrown iiuat plentifully in ihe eye* of 11 1? new t'ongreM. tf m deed, they have no! m the eye* of Mr. Hu> hanan and tbo menil^ert of hw Cabinet. Tlie l*re?ldenl in hi* me**age mention* specially ,*rf * tia, Ibal part of onr country bordering on Meilco, known better ai? the (>ad?den purcbaee, rec <mmending a T*rri l. rial gov ernment for it. Mr. Mowry, the delegate elert fr> m Ar ?'n.a, who I* here re?,|y to take hi* ?eat wilt prercnt immediately petitions from the people of tbat r? ^CONTiMUJ ON QtliXH Fl?t]