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for all State officers on the third Tuesday of Jan. ordinary privileges and immunities of citizens of the uary, 1856. The third section of the schedule is United States. Among these, is the right to assemble as follows:
and to petition the government for the redress of
grievances; in the exercise of this right, ihe io babit“The general assembly shall meet on the 4th
ants of Arkansas may peaceably meet together in day of March, A. D. 1856, at the city of Topeka, at primary assemblies, or in conventions chosen by such 12 m., at which time and place the governor, lieuten- assemblies, for the purpose of petitioning Congress to ant-governor, secretary of state, judges of supreme abrogate the Territorial government, and to admit court, treasurer. auditor, state printer, reporter: them into the Union as an independent State. The and clerk of supreme court, and attorney-general, shall particular form which they may give to their petition appear, take the oath of office, and onter upon the cannot be material, so long as they confine themselves discharge of the duties of their respective offices un. to the more right of petitioning, and conduct all their der this constitution; and shall continue in office in proceedings in a peaceable manner. And as the power of the same manner, and during the same period, they Congress over the whole subject is plenary and unlimwouli have done bad they been elected on the first ited they may accept any constitution, however framed, Monday in August, A. D. 1856."
which in their judgment meets the sense of the peoThe elections for all these officers were held ple to be affected by it. If therefore, the citizens of
Arkansas think proper to accompany their petition at the time specified; and on the fourth day of with a written constitution, framed and agreed on by the present month, the new government was to their primary assemblies, or by a convention of delehave been pnt in operation, in conflict with gatos chosen by such assemblies, I perceive po legal the Territorial government established by Con- objection to their power to do so, nor to any measure gress, and for the avowed purpose of subverting which may be taken to collect the sense of the people
in respect to it; provided, always, that such measures and overthrowing the same, without reference
be commenced and prosecuted in a peaceable manner, to the action of Congress upon their applica in strict subordination to the existing Territorial gove tion for admission into the Union.
ernment, and in entire subserviency to the power of Your committée are not aware of any case in Congress to adopt, reject, or disregard them at their the history of our own country, which can be pleasure, fairly cited as an example, much less a justifica
"It is, however, very obvious, that all measures comtion, for these extraordinary proceedings. Cases menced and prosecuted with a design to subvert the have occurred in which the inhabitants of par- force in its place a new government, without the con.
Territorial government, and to establish and put in ticular Territories have been permitted to form
sent of Congress, will be unlawful. The laws estabconstitutions, and take the initiatory steps for the lishing the i'erritorial government must continue in organization of State governments, preparatory force until abrogated by Congress; and, in the mean to their admission into the Union, without ob. time, it will be the duty of the governor, and of all taining the previous assent of Congress ; BUT
the Territorial officers, as well as of the President, to IN EVERY INSTANCE THE PROCEEDING
take care that they are faithfully executed." ORIGINATED WITH, AND BEEN CONDUCTED IN On the 11th day of January, 1839, a commitSUBORDINATION TO THE AUTHORITY OF THE LO. tee of the constitutional convention of Florida CAL GOVERNMENTS ESTABLISHED OR RECOG- addressed a memorial to Congress, in which NIZED BY THE GOVERNMENT OF THE UNITED they state that, in 1837, the Territorial council STATES. Michigan, Arkansas, Florida, and Cali- passed a law submitting to the people the ques. fornia, are sometimes cited as cases in point. tion of “State” or “ Territory," to be decided Michigan was erected into a Territory in pur at the election of delegates to Congress in the suunce of the ordinance of the 13th of July, 1787, month of May of that year; that a decided maas recognized and carried into effect by acts of jority of the suffrages given at that election Congress subsequent to the adoption of the was in favor of “State ;” that the legislative Federal Constitution. In that ordinance it was council of 1838, in obedience to the expressed provided that the Territory, northwest of the wishes of the people, enacted a law authorizOhio river should be divided into not less than ing the holding of a convention to form and three nor more than five States; and, when adopt a State constitution; that the convenever any of said States shall have sixty thou: tion assembled on the 3d of December, 1838, sand free inhabitants therein, such State shall and continued in session until the 11th of Janube admitted, by its delegates, into the Congress ary, 1839: and that, on behalf of the people of of the United States on an equal footing with Florida, they transmit the “constitution, or the original States in all respects whatever, form of government,” and ask for admission into and shall be at liberty to form a perinanent con- the Union. It is also stated in the memorial stitution and State governinent.”
that in 1838 a census of the Territory was In pursuance of this provision of their organic taken, in obedience to a law passed by the Terlaw, the legislature of the Territory of Michigan ritorial council, and that this census, although passed an act providing for a convention of the taken during the ravages of Indian hostilities, people to forin a constitution and State govern. when a large portion of the inhabitants could ment, which was accordingly done in obedience not be found at home, showed an aggregate to the laws and constituted authorities of the population of forty-eight thousand two hundred Territory. The legislature of the Territory of and twenty-three persons, which the memorialArkansas, having ascertuined by a census that ists insisted furnished satisfactory assurance of the Territory contained about fifty-one thousand a sufficient population to entitle them to admiseight hundred inhabitants, at a time when the sion, according to the treaty acquiring the ratio of representation in Congress awarded one country from Spain, and the then ratio of reprereprezentative to each forty-seven thousand sentation, which awarded a member of Congress seven hundred inhabitants, passed an act au- to each 47,700 inhabitants. Congress failing to thorizing the people to form a constitution and yield its assent to the admission of Florida for ask for admission into the Union, as they sup- more than six years after this constitution was posed they had a right to do under the treaty formed and application made, the people of Floacquiring the Territory from France, which rida, during all that period, remained loyal to the guarantied their admission as soon as may be Territorial government, and obedient to its laws, consistent with the Federal Constitution. Upon and did not assume the right to supersede the this point your committee adopt the legal opin. existing government by putting into operation ion of the Attorney-General of the United States, a State government until the assent of Congress (B. F. Butler,) as expressed in the following ex was obtained in 1845. tract:
The circumstances connected with the forma"But I am not prepared to say that all proceedings tion of the constitution and
State government of on this subject on the part of the citizens of Arkan. Cailfornia are peculiar. During the Mexican sas, will be illegal. They, undoubtedly, possess the war the country was conquered and occupied by
our troops, and the civil government administer-policy, adopted by the people of California, must ed by the military authorities under the war- originate solely with themselves ; that, while the power. According to an official communication Executive of the United States was desirous to protect of General Persifer F. Smith, acting governor of them in the formation of any government republican California, to a committee of citizens of San in its character, to be, at the proper time, submitted
to Congress, yet it was to be distinctly understood that Francisco, under date of March 27, 1849, with the plan of such a government must, at the same holding his recognition and concurrence” in time. be the result of their own deliberate choice, and their proposition " to organize a legislative as originate with themselves, without the interference sembly, and to appoint judges and other minis- of the Executive.” terial officers, and to enact suitable laws to establish principles of justice and equity, and, to his capacity as civil governor of California, re
On the 30th of June, 1850, General Riley, in give protection to life, liberty, and property," it appears that the President of the United States ports to the government at Washington that: (Mr. Polk) and his cabinet officially promulga
“On the 3rd instant. I issued my proclamation to the ted the following opinions as the decision of the people of California, defining what was understood to Executive on the points stated :
be the legal position of affairs here ; and pointing out
the course it was deemed advisable to pursue in order 1st. That at the conclusion of the treaty with to procure a new political organization, better adapted Mexico, on the 30th of May, 1848, the military to the character and present condition of the country. government existing in California was a govern. The course indicated in my proclamation will be ment de facto.
adopted by the people, almost unanimously; and 2nd. That it, of necessity, continue until Con there is now little or no doubt that the convention gress provide another; because, if it cease, an
will meet on the first of September next, and form a archy must ensue: thus inferring that no power the early part of the coming session.
State Constitution, to be submitted to Congress in but Congress can establish any government. "A few prefer a Territorial organization; but I
It also appears, from the proclamation of think a majority will be in favor of a State governGeneral Riley, acting governor, to the people ment, so as to avoid all
further difficulties respecting of California, dated June 30, 1849, that a gov- the question of Slavery. This question will probably ernment de facto was constituted as follows:
be submitted, together with the Constitution, to a
direct vote of the people, in order that the wishes of “A brief summary of the organization of the present the people of California may be clearly and fully exgovernment may not be uninteresting. It consists pressed. Of course, the Constitution or plan of a TerFirst, of a governor appointed by the supreme govern- ritorial government formed by this convention, can ment; in default of such appointment, the office is have no legal force till approved by Congress.” temporarily vested in the commanding military officer of the department. The powers and duties of the gover
On the 12th day of October, General Riley, nor are of a limited character, but fully defined and acting governor, issued the following proclama. pointed out by the laws. Second, a secretary, whose du. tion : ties and powers are also properly defined. Third, a territorial or departmental legislature, with limited
“ To the People of California,
laws of a local character. Fourth, a superior “The delegates of the people, assembled in convencourt (tribunal superior) of the Territory. consisting tion, have formed a constitution which is now preof four judges and a fiscal. Fifth, a prefect and sub- sented for your ratification. The time and manner prefect for each district, who are charged with the of voting on this constitution, and of holding the first preservation of the public order and the execution of general election, are clearly set forth in the schedulo. the laws; their duties correspond, in a great measure, The whole subject is, therefore, left for your unbiased with those of district marshals and sheritfs. Sixth, a and deliberate consideration, judge of first instance, for each district. This office is,
“The prefect (or person exercising the functions by a custom, not inconsistent with the laws, vested of that office), of each district will designate the in the first alcalde of the district. Seventh, al- places for opening the polls, and give due notice of caldes, who have concurrent jurisdiction among
themselves in the same district, but are subordinate to the constitution and schedule.
the election, in accordance with the provisions of the higher judicial tribunals. Eighth, local justices of “ The people are now called upon to form a govern. the peace. Ninth, ayuntamientos, or town councils. ment for themselves, and to designate such officers as The powers and functions of all these officers are ful. they desire to make and execute the laws. That their ly defined in the laws the country, and are almost choice may be wisely made, and that the government identical with those of the corresponding officers in 80 organized may secure the permanent welfare and the Atlantic and Western States."
happiness of the people of the new State, is the sincere
and earnest wish of the pre-ent executive, who, if the On the 3d of April, 1849, President Taylor ap- constitution be ratified, will with pleasure surrender pointed Thomas Butler King agent, for the pur- his powers to whomsoever the people may designate pose of conveying important instructions to our as his succeseor. military and naval commanders who were in
“Given at Monterey, California, this twelfth day trusted with the administration of the civil gov- of October, in the year of our Lord eighteen hundred
and forty-nine. ernment de facto in California, and to make
“B. RILEY, known to the people his opinions and wishes in Brevet Brig. Gen. U. S. A., and Governor of Calirespect to the formation of a constitution and fornia. State government preparatory to their admis
H. W. HALLECK, sion into the Union. What these opinions and
Brevet Captain, and Secretary of State." wishes were, are distinctly stated by the Presi. dent in the following extract from his special
These facts and official papers prove conclu. message to Congress on the 23d of January, sively that the proposition to the people of Cali. 1850 :
fornia, to hold a convention and organize a State
government, originated with, and that all the pro“I did not hesitate to express to the people of those ceedings were had in subordination to, the auTerritories my desire that each Territory should, if thority and supremacy of the existing local gov; prepared to comply with the requisitions of the Con. stitution of the United States, form a plan of a State
ernment of the Territory, under the advice, and Constitution, and submit the same to Congress, with with the approval, of the executive government & prayer for admission into the Union as a state; but of the United States. Hence the action of the I did not anticipate, suggest, or authorize the estab- people of California in forming their constitution lishment of any such government without the assent and State government, and of Congress in adof Congress; bor did I authorize any government- mitting the State into the Union, cannot be cited, agent or officer to interfere with, or exercise any in with the least show of justice or fairness, in jusfluence or control over the election of delegates, or over any convention, in making or modifying their tification or palliation of the revolutionary move domestic institutions, or any of the provisions of their ments to subvert the government which Con. proposed Constitution. On the contrary, the instruc. gress has established in Kansas. tions by my orders were, that all measures of domestic Nor can the insurgents derive aid or comfort
from the position assumed by either party to use of similar means in the slaveholding States, the unfortunate controversy which arose in the to produce directly the opposite result. To these State of Rhode Island, a few years ago, when causes, and to these alone, in the opinion of your an effort was made to change the organic law, Committee, may be traced the origin and proand set up a State government in opposition to gress of all the controversies and disturbances the one then in existence, under the charter with which Kansas is now convulsed. granted by Charles the Second of England. If these unfortunate troubles have resulted, as Those who were engaged in that unsuccessful natural consequences, from unauthorized and imstruggle assumed, as fundamental truths in our proper schemes of foreign interference with the system of government, that Rhode Island was internal affairs and domestic concerns of the & Sovereign State in all that pertained to her Territory, it is apparent that the remedy must internal affairs; that the right to change their be sought in a strict adherence to the principles, organic law was an essential attribute of sove and rigid enforcement of the provisions, of the reignty; that, inasmuch as the charter under organic law. In this connection, vour Committee which the existing government was organized feel sincere satisfaction in commending the mescontained no provision for changing or amend sages and proclamation of the President of the ing the same, and the people had not delegated United States, in which we have the gratifying that right to the legislature or any other tribunal, assurance that the supremacy of the laws will be it followed, as a matter of course, that they had maintained; that rebellion will be crushed; that retained it, and were at liberty to exercise it in insurrection will be suppressed; that aggressive such manner as to them should seem wise, just, intrusion for the purpose of deciding elections, and proper
or any other purpose, will be repelled ; that unWithout deeming it necessary to express any authorized intermeddling in the local concerns opinion on this occasion, in reference to the of the Territory, both from adjoining and distant merits of that controversy, it is evident that the States, will be prevented; that the federal and principles upon which it was conducted are not local laws will be vindicated against all attempts involved in the revolutionary struggle now going of organized resistance; and that the people of on in Kansas; for the reason, that the sove. the Territory will be protected in the establishreignty of a Territory remains in abeyance, ment of their own institutions, undisturbed by suspended in the United States, in trust for the encroachments from without, and in the full enpeople, until they shall be admitted into the joyment of the rights of self-government assured Union as a State. In the mean time, they are to them by the Constitution and the organic law. entitled to enjoy and exercise all the privileges In view of these assurances, given under the and rights of self-government, in subordination conviction that the existing laws confer all the to the Constitution of the United States, and in authority necessary to the performance of these obedience to their organic law passed by Con important duties, and that the whole available gress in pursuance of that instrument. These force of the United States will be exerted to the rights and privileges are all derived from the extent required for their performance, your Com. Constitution, through the act of Congress, and mittee repose in entire confidence that peace, must be exercised and enjoyed in subjection to and security, and law, will prevail in Kansas. all the limitations and restrictions which that If any further evidence were necessary to prove Constitution imposes. Hence, it is clear that that all the collisions and difficulties in Kansas the people of the Territory have no inherent have been produced by the schemes of foreign sovereign right, under the Constitution of the interference which have been developed in this United States, to annul the laws and resist the report, in violation of the principles and in eva. authority of the territorial government which sion of the provisions of the Kansas-Nebraska Congress has established in obedience to the act, it may be found in the fact that in Nebraska, Constitution.
to which the emigrant-aid societies did not exIn tracing, step by step, the origin and history tend their operations, and into which the stream of these Kansas difficulties, your Committee of emigration was permitted to flow in its usual have been profoundly impressed with the signi- and natural channels, nothing has occurred to ficant fact, that each one has resulted from an disturb the peace and harmony of the Territory, attempt to violate or circumvent the principles while the principle of self-government, in obeand provisions of the act of Congress for the or- dience to the Constitution, has had fair play, ganization of Kansas and Nebraska. The leading and is quietly working out its legitimate results. idea and fundamental principle of the Kansas- It now only remains for your Committee to Nebraska act, as expressed in the law itself, respond to the two specific recommendations of was to leave the actual settlers and bona.fide in the President, in his special message. They are habitants of each Territory "perfectly free to as follows: form and regulate their domestic institutions in
“ This, it seems to me, can be best accomplished by their own way, subject only to the Constitution providing that, when the inhabitants of Kansas may of the United States." While this is declared to desire it, and shall be of sufficient numbers to coustibe “the true intent and meaning of the act,"
tute a State, a convention of delegates, duly elected those who were opposed to allowing the people by the qualified voters, shall a-semble to frame a of the Territory, preparatory to their admission lawful means, for its admission into the Union as a
constitution, and thus prepare, through regular and into the Union as a State, to decide the Slavery State. I respectfully' recommend the enactment of & question for themselves, failing to accomplish law to that effect. their purpose in the halls of Congress, and under “I recommend, also, that a special appropriation be the authority of the Constitution, immediately made to defray any expense which may become requiresorted, in their respective States, to unusual site in the execution of the laws, or the miutenance and extraordinary means to control the political of public order in the Territory of Kansas.” destinies and shape the domestic institutions of In compliance with the first recommendation, Kansas, in defiance of the wishes, and regardless your committee ask leave to report a bill author of the rights, of the people of that Territory, as izing the legislature of the Territory to provide guaranteed by their organic law. Combinations, by law for the election of delegates by the people, in one section of the Union, to stimulate an un. and the assembling of a convention to form á natural and false system of emigration, with the constitution and State government preparatory, view of controlling the elections, and forcing the to their admission into the Union on an equal domestic institutions of the Territory to assimi- footing with the original States, so soon as it shall late to those of the non-slaveholding States, were appear, by a census to be taken under the direcfollowed, as might have been foreseen, by the tion of the governor, by the authority of the legislature, that the Territory contains ninety-three clear provision, the law in relation to the subject thousand four hundred and twenty inhabitants of slavery to be operative in the Territory, while that being the number required by the present it remained such; not leaving it in any one of ratio of representation for a member of Con- those cases to be a subject of controversy within gress.
the same, while in the plastic gristle of its youth. In compliance with the other recommendation, This was done by Congress in the exercise of the your committee propose to offer to the appropria- same power which moulded the form of their ortion bill an amendment appropriating such sum ganic laws, and appointed their executive and as shall be found necessary, by the estimates to judiciary, and sometimes their legislative officers; be obtained, for the purpose indicated in the re- it was the power provided in the Constitution, in commendation of the President.
these words: “ Congress shall have power to All of which is respectfully submitted to the dispose of and make all needful rules and reSenate by your committee.
gulations respecting the Territory or other property belonging to the United States." Settling
the subject of Slavery while the country remainMr. Collamer of Vermont, the minority od a Territory, was no higher exercise of power member of said Committee, submitted the of the Territorial goverument, and actually ap
in Congress than the regulation of the functions following
pointing its principal functionaries. This pracMINORITY REPORT.
tice commenced with this national government, Vieros of the minority of the Committee on Terri ity, for more than sixty years.
and was continued, with uninterrupted uniform
This practical tories, lo whom was referred so much of the an. contemporaneous construction of the constitunual message of the President as relates to tional power of this government is too clear to Territorial affairs, the message of the Presi- leave room for doubt, or opportunity for skepti. dent of 24th January in relation to Kansas cism. The peace, prosperity, and success which Territory, and the message of the President attended this course, and the results which have of the 18th February, in answer to the resolu. ensued, in the formation and adıission of the tion of the Senate of the 4th February, rela. thirteen States therefrom, are most conclusive tive lo affairs in Kansas.
and satisfactory evidence, also, of the wisdom Thirteen of the present prosperous States of and prudence with which this power was exer. this Union passed through the period of appren- cised. Deluded must be that people who, in the ticeship or pupilage of territorial training, under pursuit of plausible theories, become deaf to the the guardianship of Congress, preparatory to lessons, and blind to the results, of their own exassuming their proud rank of manhood as sove perience. reign and independent States. This period of Let us next inquire by what rule of uniformity their pupilage was, in every case, a period of the Congress was governed, in the exercise of this good ottices of parent and child, in the kind rela- power of determining tho condition of each Tertionship sustained between the natiopal and the ritory as to Slavery, while remaining a Territory, Territorial government, and may be remem- as manifested in those thirteen instances. An bered with feelings of gratitude and pride. We examination of our history will show that this have fallen on different times. A Territory of was not done from time to time by agitation and our government is now convulsed with violence local or party triumplis in Congress. The rule and discord, and the whole family of our nation pursued was uniform and clear; and whoever is in a state of exitement and anxiety. The may have lost by it, peace and prosperity have national executive power is put in motion, the been gained. That rule was this: army in requisition, and Congress is invoked for Where Slavery was actually existing in a interference.
country to any considerable or general extent, it In this case, as in all others of difficulty, it be was (though somewhat modified as to further im. comes necessary to inquire what is the true cause portation in some instances, as in Mississippi and of existing trouble, in order to apply effectual Orleans Territories) suffered to remain. The cure. It is but temporary palliatives to deal with fact that it had been taken and existed there, was the external and more obvious manifestations taken as an indication of its adaptation and local and developments, while the real, procuring utility. Where Slavery did not in fact exist to cause lies unattended to, and uncorrected, and any appreciable extent, the same was, by Conunremoved.
gress, expressly prohibited ; so that in either It is said that organized opposition to law ex- case the country settled up without difficulty or ists in Kansas. That, if existing, may probably doubt as to the character of its institutions. In be suppressed by the President, by the use of the no instance was this difficult and disturbing subarmy; and so, too, may invasions by armed bodies ject left to the people who had and who might from Missouri, if the Executive be sincere in its settle in the Territory, to be there an everlasting efforts ; but when this is done, while the cause bone of contention, so long as the Territorial of trouble remains, the results will continue with government should continue. It was ever rerenewed and increased developments of danger. garded, too, as a subject in which the whole
Let us, then, look fairly and undisguisedly at country had an interest, and, therefore, improper this subject, in its true character and history. for local legislation. Wherein does this Kansas Territory differ from And though whenever the people of a Territory all our other Territories, which have been so come to forin their own organic law, as an indepeacefully and successfully carried through, and dependent State, they would, either before or been developed into the manhood of independent after their admission as a State, form and mould States ? Can that difference account for existing their institutions, as a sovereign State, in their troubles ? Can that difference, as a cause of trou- own way, yet it must be expected, and has alble, be removed ?
ways proved true, that the State has taken the The first and great point of difference between character her pupilage has prepared her for, as the Territorial governinent of Kansas and that well in respect to Slavery as in other respects. of the thirteen Territorial governments before Hence, six of the thirteen States are free States, mentioned, consists in the subject of Slavery, because Slavery was probibited in them by Con: the undoubted cause of present trouble.
gress while Territories, to wit: Ohio, Indiana, The action of Congress in relation to all those Illinois, Michigan, Wisconsin, and Iowa. Seven thirteen Territories was conducted on a uniform of the thirteen are slaveholding States, because and prudent principle, to wit: To settle, by a Slavery was allowed in them by Congress while
they were Territories, to wit: Tennessee, Ala- see cause of a result unfavorable to their bama, Mississippi, Florida, Louisiana, Arkansas hopes. and Missouri,
It is further to be observed, that in the perOn the 6th of March, A. D. 1820, was passed formance of this novel experiment, it was proby Congress the act preparatory to the admission vided that all white men who became inhabit. of the State of Missouri into the Union. Much ants in Kansas were entitled to vote without controversy and discussion arose on the question regard to their time of residence, usually providwhether a prohibition of Slavery within said ed in other Territories. Nor was this right of State should be inserted, and it resulted in this : voting confined to American citizens, but inthat said State should be adınitted without such cluded all such aliens as had declared, or would prohibition, but that Slavery should be forever declare, on oath their intention to become citiprohibited in the rest of that country ceded to us zens. Thus was the proclamation to the world by France lying north 36° 30' north latitude, to become inhabitants of Kansas, and enlist in and it was so done. This contract is known as this great enterprise, by the force of numbers, the Missouri Compromise. Under this arrange by vote, to decide for it the great question. ment, Missouri was admitted as a slaveholding Was it to be expected that this great proclamaState, the same having been a slaveholding Ter- tion for the political tournament would be listenritory. Arkansas, south of the line, was formed ed to with indifference and apathy? Was it into a Territory, and Slavery allowed therein, prepared and presented in that spirit? Did it and afterwards admitted as a slaveholding State. relate to a subject on which the people were Iowa was made a Territory, north of the line, cool or indifferent ? A large part of the people and, under the operation of the law, was settled of this country look on domestic Slavery as up without slaves, and admitted as a free State. "only evil, and that continually," alike to masThe country now making the Territories of ter and to slave, and to the community; to be Kansas and Nebraska, in 1820, was almost or left alone to the management or enjoyment of entirely uninhabited, and lay north of said line, the people of the States where it exists, but not and whatever settlers entered the same before to be extended, more especially as it gives, or 1854 did so under that law, forever forbidding may give, political supreinacy to a minority of Slavery therein.
the people of this country in the United States In 1854 Congress passed an act establishing government. On the other hand, many of the two new Territories--Nebraska and Kansas-in people of another part of the United States rethis region of country, where Slavery had been gard Slavery, if not in the abstract a blessing, prohibited for more than thirty years; and, in- at least as now existing, a condition of society stead of leaving said law against Slavery in best for both white and black, while they exist operation, or prohibiting or expressly allowing together; while others regard it as no evil, but or establishing Slavery, Congress left the sub as the highest state of social condition. These ject in said Territories, to be discussed, agitated, consider that they cannot, with safety to their and legislated on, from time to time, and the elec- interests, permit political ascendancy to be tions in said Territories to be conducted with re- largely in the hands of those unfriendly to this ference to that subject, froin year to year, so peculiar institution. From these conflicting long as they should remain Territories; for, views, long and violent has been the controwhatever laws might be passed by the Territo- versy, and experience seems to show it interrial legislatures on this subject, must be subject minable. to change or repeal by those of the succeeding Many, and probably a large majority of this years. In most former Territorial governments, nation, lovers of quiet, entertained the hope, it was provided by law that their laws were sub- that, after 1850, the so-called Compromise Meaject to the revision of Congress, so that they sures, even though not satisfactory to the Free would be made with caution. In these Terri- States, would be kept by their supporters, and tories that was omitted.
made by them what they were professed to be, The provision in relation to Slavery in Ne-- a finality on the subject of the extent and limitabraska and Kansas is as follows: "The eighth tions of šlave territory; more especially after the section of the act preparatory to the admission assurances contained in the Inaugural Address of Missouri into the Union (which being incon. of President Pierce. This hope was fortified with sistent with the principle of non-intervention by the consideration that at that time Congress had, Congress with Slavery in the States and Terri- by different provisions, settled by law the contories, as required by the legislation of 1851), dition of Freedom or Slavery for all the territory commonly called the compromise measures) is of the United States. These hopes have been hereby declared inoperative and void ; it being disappointed, and from this very provision for the true intent and meaning of this act not to repose has been extracted a principle for disturblegislate Slavery into said Territory or State, nor ing the condition of things on which its foundato exclude it therefrom, but to leave the people tion of finality rested-that is, the permanence thereof perfectly free to form and regulate their and continuance of the then existing condition of domestic institutions in their own way, subject legal provisions. The establishment of the terrionly to the Constitution of the United Staies : torial" governments for Utah and New-Mexico, Provided, That nothing herein contained shall without a prohibition of Slavery, wus sustained be construed to revive or put in force any law by many on the ground that no such provision or regulation which may have existed prior to was required for its exclusion, as the condition the act of 6th March, 1820, either protecting, es- of the country and its laws were a sufficient bartablishing, prohibiting, or abolishing Slavery.". rier; and therefore they sustained them, because
Thus it was promulgated to the people of this it would complete the series, and finish the prowhole country that here was a clear field for visions as to Slavery in alí our territory, and competition an open course for the race of make an end of controversy on that subject : yet, rivalship; the goal of which was, the ultimate in 1854, it was insisted by the friends and supestablishment of a sovereign State; and the porters of the laws of 1850, and it is actually asprize, the reward of everlasting liberty and its serted in the law establishing the territorial goyinstitutions on the one hand, or the perpetuity ernment of Kansas, that the laws for Now-Mexico of Slavery and its concomitants on the other. and Utah, being of the Compromise Measures, It is the obvious duty of this government, while adopt and contain a principle utterly at war with this law continues, to see this manifesto faith- their great and professed object of finality; and fully, and honorably, and honestly performed, that, instead of completing and ending the provi. even though its particular supporters may sions of congressional action for the Territories