On February 2nd Buchanan sent to Congress his message, transmitting the Lecompton Constitution and urging its approval. As apology for his change of front and excuse for a like change in others he drew a dark picture of the disturbed condition of affairs in the Territory, portraying the Topeka free State enterprise as a vast insurrectionary movement. He told Congress that it was impossible to submit the whole instrument to a vote because the free State faction, who were the majority, would vote against any Constitution, however perfect, except their own. He commended the entire regularity of the Lecompton Convention and the fairness with which the slavery question had been submitted to a vote and urged immediate admission.
When the motion to print and refer to the Committee on Territories was made, Trumbull denounced the message with great energy and at some length. He asked sneeringly what had become of the once celebrated principle of popular sovereignty? The people of Kansas were denied the right of voting on their Constitution at all and the Dred Scott decision had settled that at no stage had the people of a Territory power to interfere with slavery. The whole doctrine, he declared, had been absolutely repudiated.
The message having been referred to the Committee on Territories after six days' debate, on the 18th of February a bill was reported by a majority of the Committee for the admission of Kansas into the Union under the Lecompton Constitution and Douglas presented a minority report protesting against it. For two weeks he was confined to his room by sickness, but, as the day for the vote was near, notice was given that he would speak on the 22nd of March.
On that day the Senate met at the early hour of ten. Already the galleries were crowded. Long before noon the passages leading to the Chamber were thronged with men and women vainly seeking admission.
In a moment of graceful gallantry the Senators admitted the ladies to the floor. Through long hours of debate the crowd waited. The Senate adjourned until seven o'clock, at which time Douglas was to speak. The visitors who were lucky enough to have gained admission waited with patient good humor for the return of the Senators, who at last began to force their way back into the Chamber through the dense throngs.
A little before seven the short figure of Douglas was observed at the door and he was greeted with loud applause from the galleries.
The session resumed and he rose to speak. Cheered as he was by the sympathy and admiration of the visitors, it was to him a stern enough hour when he must finally break with his powerful party and battle with his utmost strength against its cherished program. He must attack, not Buchanan, but the organized Democracy, now more powerfully entrenched than ever before. It controlled the President and the Supreme Court and had bent them to its will in this precise quarrel. The Senate was Democratic nearly two to one, and but two of the majority followed him in his revolt. In the House the Democrats had a majority of twenty-five.
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.
He paused to comment on certain diatribes in the Washington Union which had denounced him as a renegade, traitor and deserter, and read from its columns an article presenting the extreme claims of the South, arguing that all laws and Constitutions of the free States forbidding slavery were violations of the Federal Constitution, and that the emancipation of slaves in the Northern States was a gross outrage on the rights of property. But this article, he said, was in harmony with the Lecompton Constitution, which declared the right of property in a slave to be higher than Constitutions.
