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from the disasters which were threatened at the Revolution, and the feelings which have united, the representatives of those who are struggling in time? Threatened by whom? Not by the North. and still unite, me to my northern brethren. I this great cause, are to stand forth here like suckFor what purpose did any of your eminent and shall not suffer this exhibition of bad faith, of un- | ing doves to beg of you to stay your hands ? No, distinguished men go to Nashville? What did kindness, and of want of generosity, to influence | sir; I am not made of that kind of stuff. This is you proclaim you would do there? Was it to in- me, if I can possibly avoid it, for I know it is not an aggression on our rights, and I am not afraid to vite a general convention of all the people of the the feeling of the great North or the great West. tell you so. I blame no man of the South for it, for States to take into consideration any of the great Mr. WADE. Mr. President, it was not my I have not seen as yet the finger of the South in it. interests of the whole country, or did you meet desire or wish to stir up any ill feeling, although || 1 say it is distasteful to the North; it is in contrathere to devise ways and means whereby you could | the Senator from Georgia accuses me of it. I have vention of the rights of the States; and it will be break the bonds of this Union, and march out of none but the kindest feelings for all concerned in met in the same spirit in which the North met the the Confederacy? I will ask the Senator from this controversy; but as I understand it so must Nebraska bill. It would have been better for šeorgia whether he has not frequently known I state it. I think we have gone far enough on those who wish for peace and harmony between southern conventions to meet for the purpose of this subject to be plain with each other. There sections, if they had not brought in this most deliberating upon subjects not at all pertaining to is no use in attempting any longer to plaster over unnecessary and most exciting bill. the general administration of the Government- this wound. I tell you, sir, there must be good What necessity is there for it? The Senator conventions of southero men meeting together to feeling and forbearance on both sides, if you intend from Maine (Mr. FessendEN) commented upon consult how best they could depreciate the interests to escape a rupture. We stand here accused of that subject. He has asked you to tell us why, of the North and build up their own? Has not being the aggressors, and I have asked in what now, after waiting for more than half a century the Senator himself presided in such conventions we have aggressed. I have undertaken to state a without discovering any occasion for such a law And what would he think now of a convention little of the history of the past connected with as is here proposed, you should at this particular assembling in the northern States to take into con- former excitements on this subject. It is said, time, at the heel of the session, crowded with sideration matters pertaining to themselves, to however, that my memory is at fault. If so, my legitimate business, introduce this exciting topic! build up their commerce, to build up interests in excuse is to be found in the fact that we have When I stand up to vindicate, as well as I may, opposition and in derogation to those of the South? been unwillingly driven into this discussion with- the rights of my State which I think are assailed; Men standing obnoxious to the charge of getting out being allowed a single moment to prepare for when on a sudden, having been given no time for up such southern conventions, continually come it.

preparation, I make the best defense I can, I am here and tell us that we are aggressors. This is I have already told you that I did not know accused of being an agitator. Sir, if so, I glory strange doctrine. What have we ever done except such a bill was pending until it was called up

in the name. I will ever meet your aggressions to bear and forbear, and when threats of dissolu- this morning. I have only alluded to those things with what I have of spirit; I will make what option have been thundered forth continually, not in regard to which it is said my memory is at position I can, knowing full well that I am only by us.

fault, in reply to the assertion that the North are doing what my constituents expect and require at Mr. DAWSON. If the speech of the Senator aggressors. I say we are not aggressors. I say my hands, and if I failed to do it, they would from Ohio is to go out with these references to my: there has been an undeviating, unfailing purpose | justly consider me as recreant to my duty. self, it becomes necessary that the country should constantly to extend the institution of slavery. Mr. President, the accusation is not true that I understand this subject. I do not know the object || I tell you, sir, that last winter's legislation is, || stand here for the purpose of arguing this ques. of the Senator, or what he intends to effect by his above all other things, an aggression which can- tion in order to agitate and irritate gentlemen. I own statements.

not and will not be tolerated. I should be false have no such wish. I have no other desire than Mr. WADE. I am barely replying to the Sen- to you of the South, and false to the North, if I to ask gentlemen to reflect and see if they do not ator.

stood here to cry "peace, peace,” when I know believe the bill is fraught with more evil than good Mr. DAWSON. But you appealed to me, and there is no peace. I tell you you must retrace to the institutions of the country. The Senator asked me if I had not presided over southern con

your steps, you must put us statu quo ante bellum from Louisiana, in his closing remarks, paid a ventions calculated in their character to impair the before you talk of peace.

That is one of the beautiful tribute to the Union of these States. I rights of the North. I answer, never, sir, in my points which must be settled before there will be agree fully with him on that point. I admit all tife; and it is the first time in any place, or on any cordiality, before there can be peace. Do you the advantages of the Union; but nevertheless, I occasion, that I have heard such a charge made. suppose that we whose political equality on the cannot fail to see that here is a sectional controThere have been southern and southwestern con- floors of Congress is hewed down and destroyed versy, a determination on the one side to carry ventions called for the purpose of regulating the by your institution of slavery, will look compla- slavery over the whole of this continent, which, internal trade, and carrying on our internal im- l cently on your endeavor to spread your institu- || if persisted in, will be met and met firmly, and provements, at which gentlemen from your own tion over a region as large as the old thirteen States no invocation to the beauties and glories of this State, from Indiana, and other free States, were from which it was solemnly excluded by a sacred Union will save us from that collision to which present; and the idea of disunion, or doing an act guarantee? Who talks to us of aggression in the this attempt must necessarily lead. I have no of injustice to the North, or violating any consti- || face of an act like that? Sir, I tell you you have fears that there will be a dissolution of the Union; tutional right, never entered into the mind of a gone as far as the people will bear.'I do not say | but when we are threatened by southern gentlesingle individual in those conventions. Their de- 80 by way of threat, because I am not in the habít men with dissolution, I must say to them, as a bates were all published, and not even the news- of making threats. I am only replying to the northern man, that I have great confidence in the papers of the day made such an insinuation. threats of others as well as I can. Tam speak- ability of the North to take care of themselves.

I repeat, again, that I presume this discussion ing only of a state of things which all of you While I am no advocate for disunion, I must say, is for ihe purpose of irritation; that the object of must know. No man can fail to understand the in reply to those who threaten its dissolution, that the Senator is to inflame one section against the feelings of the North on this subject.

even if that disastrous result should come, the other. I can see no other purpose; but the Sen- Now, while they are struggling to recover the free North will survive the shock. I have no fears ator's references to history and past transactions ground lost by the dereliction of northern men at but that each section may take care of itself, and ought to have been better adjusted, so that insin- the last session of Congress, while they are strug. least of all have I any fear for the section to which uacions might not be made against gentlemen who | gling to place themselves back in the condition || I belong. have always been for this Union, and who have in which they stood before that enactment, when I say, then, to gentlemen, argue anything else, always been patriotic.

they are very sensitive upon the subject, is it wise, I say anything else, but do not threaten dissolution, In presiding over the conventions which have prudent, or proper for you to come in here with because it has no terrors for me. If this great been alluded to I set forth my views. Let them a bill which threatens to deprive the States of people cannot find it to be their common interest be obtained to-day and read, and if there is any. their power to vindicate their own citizens from to keep together, I know full well they will not rething but Union feeling, but patriotism, but just your aggressions, and which carries with it, as I main united. The very moment a majority of the appreciation of the rights of every section of this said before, an implication that the States are not North and South shall find that it is incompatible country to be found in them, I will submit. If to be trusted in the administration of the Constitu- with their interest to be united, they will separate, there ever was a resolution presented calculated to tion of the United States? Let me inform you and nothing can prevent it. Let me assure gen. impair the affection of one section of the country again that your time is ill-chosen. We of the free tlemen that nothing will lead to such a result towards another, I will yield the point. But, sir, || States, in order to escape annihilation, are com- sooner than the introduction, at times like this, of I do deprecate this off-hand manner of speaking, pelied to stand up for our rights. For myself i bills of this description, without any regard to the which is calculated to bring into the discussion the need no prompting on this subject. I claim to feelings or principles of the free North. Here it is names of individuals who do not desire to enter feel as ninety-nine hundredths of my constituents proposed, by the power of the Federal courts, to into it. I say it is wrong. I have endeavored to feel upon it; and, therefore, in opposing this bill go into the free States, override their jurisdiction, restrain my feelings about it; but, I say, if it is the | 1 do no more than they would require at my hands | take from them a man who has to be adjudged by determination of this class of politicians to bring if they were here. My own sense of propriety them, carry him off from his home, to be tried béthis country into confusion, to create excitement, compels me to tell you the truth. Have you not fore your Federal tribunals. Do you believe you to produce the dissolution of the Union, let them witnessed the uprising of the North, where the can execute it against the settled convictions of come out and state eo manfully; let them not avoid | people, snapping the bonds of party like a pipe || the North? The Senator from Connecticut said, the point at issue. I am a lover of this Union; stem, have come up and united together on the if I understood him aright, that this was necessary but I, for one, seek to have no alliance with a class

slavery question, to roll back, if it may be, the because the feelings of the whole North had risen of men, or of politicians, who do not desire to tide of battle which went so disastrously against | up in opposition to the Nebraska bill. associate with me in preserving this Union. them at the last session; and now upon the heels Mr TOUCEY. Do you refer to me?

Sir, my whole life is well understood; my whole of that, is brought forward a proposition more Mr. WADE. Yes, sir. course has been that of a Union man, and I trust invidious, more calculated to wake them up to a Mr. TOUCEY. I said no such thing. that of a patriot. I have stood by this Union sense of their position than even your Nebraska Mr. WADE. Then why is there necessity for almost as long as any man ought to stand. 1 bill itself. When such a state of things is pre- your bill? If there is no such thing in existence; have a sacred regard for the memories of the sented do you suppose that the men of the North," if the people are all loyal, and willing to execute


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the decrees of your laws, I ask again, where is any falsity, but having the same meaning as a Mr. JONES, of Tennessee. State it all. the necessity for your bill?

man has when he says " contrary to the facts of Mr. BUTLER. Since it is to be disclosed, I Mr. TOUCEY. The necessity of the bill — the case.” In using such language you make no will state that I told the committee, substantially: Mr. BUTLER. Will my friend from Con- | imputation at all.

“Gentlemen, I am the chairman of this committee; necticut allow me, (Mr. TouceY. Certainly.) and Mr. MASON. I rise to a question of order. but when it is said that a constitutional law of I am sure the Senator from Ohio will.

The PRESIDING OFFICER. This question | Congress cannot be enforced in the State courts, Mr. WADE. Yes, sir. must be decided without debate.

and ihat an individual discharging the duties of an Mr. BUTLER. I shall not even be betrayed Several SENATORS. Let the words be written. officer under the authority of the Constitution and or provoked into this debate; but, sir, it is a debt Mr. SUMNER. (Having obtained the precise laws of the United States is to be made a victim of justice to my honorable friend from Connecti- words from Mr. D. F. Murphy, one of the short- | by the decision of an irresponsible multitude, cut, upon whom the gentleman from Ohio has hand writers for the Globe, who then occupied | in the form of a court, what am I to think? Are poured out his wrathful and scornful indignation, the reporters' chair.] The language employed you asking for a law against public opinion? I without any regard to justice; without any regard was as follows: “ It is a debt of justice to my say, gentlemen, this has gone further than you to the truth

honorable friend from Connecticut, upon whom think.' Now, I will say, sir, that my friend Mr. SUMNER. I call the Senator to order. the genileman from Ohio has poured out his wrath- from Connecticut then remarked: As long as we Mr. WADE. Never mind.

ful and scornful indignation, without any regard are in this Confederacy-and he hoped it might Mr. BUTLER. I say, sir, without any regard to justice, without any regard to the truth." These continue-he was for preserving the constitutional to the truth of the transaction, as far as I can words I object to as contrary to order.

legislation of Congress; not as a northern man, understand its recorded history. Now let the Mr. DAWSON. The Senator from South Caro- not as a southern man, but as a jurist, a statesgentleman call me to order.

lina immediately followed that by the expression | man, and a gentleman, as he is, and a patriot, as Mr. BRIGHT. I hope the gentleman will was shown by the record,” or something of that I firmly believe. He did not originate it. The state his point of order.

fact is, there were petitions poured in upon that Mr. BUTLER. Sir, I had not finished my The PRESIDING OFFICER. The language committee, and I believe I was the only one who sentence.

sent to the Chair by the Senator from Massachu. said nothing upon the subject. The committee Mr. SUMNER. The point of order I state is setts was used by the Senator from South Caro. authorized my friend from Connecticut to report that the Senator from South Carolina has charged lina, but with additional words, which showed the bill; and, allow me to say, he stands here in a Senator on this floor with want of truth.

upon their face that all that he said was only an this temple of the Constitution maintaining his Mr. BRIGHT. He has not charged half that impeachment of the memory of the Senator from rights upon the altar of the Constitution of his is true.

Ohio. The Chair did not understand it to be an country, not as a northern or a southern man, but Mr. MASON. The rule requires the point of impeachment of his veracity.

as the organ of the Judiciary Committee of this order to be in writing. Let the Senator from Mr. SUMNER and Mr. CHASE. Let us body, desiring to preserve the Constitution of the Massachusetts put it in writing. hear the other words,

United States. Mr. RUSK.. Put it down.

The PRESIDING OFFICER. They were Mr. WADE, Mr. President, I hope I shall Mr. BUTLER. I do not want anything of as shown by the record, " as shown by the not be considered responsible for the interrupthat kind.

history of the transaction, or something similar. tions which have taken place. I said nothing deMr. BRIGHT. Let him put his charge down The Chair undertakes, then, to decide that the rogatory that I know of to the Senator from Conin writing.

whole language which escaped the Senator from necticut, any more than is to be found in the fact Several Senators addressed the Chair.

South Carolina was not oui of order, because it that he, as a northern man, was, so far as I could Mr. MASON. Let us get through with this was simply an impeachment of the memory of the see, (and that is all I accused him of,) responsible point of order before anything else is done. Senator from Ohio, and not an impeachment of his for this bill. I did not know who stood behind The PRESIDING OFFICER, (Mr. Weller veracity.

him, nor did I say who stood behind him. I in the chair.) The Chair will entertain the point Mr. BUTLER. I did not even intend to im- Baid'I had seen nobody's finger in it except that of order if it be reduced to writing, but not other- peach his memory, but simply to impeach his of the Senator from Connecticut. Now we have wise.

want of informalion. The Senator from Massa- had some other disclosures. I suppose the Sen. Mr. WADE. I hope the Senator from South chusetts, sir, has put his hand in too soon. I be- | ator from Connecticut does not pretend that there Carolina will be permitted to go on.

lieve my courtesy towards the gentleman from is anything derogatory to him in a bill which he The PRESIDING OFFICER. Senators will Ohio is generally rather cordial, and I do not be- has deliberately reported. I have not stood here suspend until the point of order is decided. lieve I would ever allow myself to violate, I will to impugn his motives, but I have stood here to Mr. MASON. 'Let it be reduced to writing. not say the beautiful proprieties which should deplore the fact that such a bill should come be

Mr. BUTLER. The gentleman from Ohio has characterize the conduct of men occupying the fore us from a northern man, as I understand to a much higher perception of his own dignity and relations of gentlemen. I know, sir, under what be the fact. what is due to himself, than has his

sanctions I speak when I speak here as a gentle- Mr. RUSK. Let me interrupt the Senator, to The PRESIDING OFFICER. The Senator man at least, and I had notihe least idea of throw- ask the Secretary to read, for his information, from South Carolina is out of order. No remarks | ing an impeachment on his personal veracity; where the bill does come from. can be indulged in until the point of order is I said that I owed a debt of justice to my hon- Mr. WADE. I know where it comes from. decided, and it must be reduced to writing. orable friend from Connecticut. I must stand here Mr. RUSK. But I hope it will be put down

Mr. BUTLER. I would have explained that and perform my duty as chairman of the Com- | just here.
I meant no personal--

mittee on the Judiciary, of which my honorable The PRESIDING OFFICER. The Senator Mr. WADE. Go on, and explain.

friend from Connecticut is a member. It has been from Ohio is entitled to the floor and will proMr. BUTLER. No, sir, let the question of said by the Senator from Ohio that this measure ceed. order be put in writing and decided, since it is could be borne if it had originated with and been Mr. WADE. I give way. insisted on.

advocated by southern men; but that, when it Mr. RUSK. I ask the honorable Senator if Mr. MASON. Let it be reduced to writing: came from a northern man, it was one of those the bill does not come from the Committee on the

The PRESIDING OFFICER. The following things that was to be treated with scorn and Judiciary? point of order is made in writing by the Senator contempt. Now, what is the situation of my Mr. WADE. I suppose it does. I am so infrom Massachusetts: "The Senator from South honorable friend from Connecticut? Did this formed. Carolina charged the Senator from Ohio with a originate with him? Is it the truth? Let the Sen. Mr. RUSK. Does he not know that it came want of truth."

ator from Massachusetts call me to order again. from the Committee on the Judiciary? Is not Mr. BUTLER. I did not so charge him. The fact is, Mr. President, that this matter came that manifest on the records of the Senate?

Mr. MASON. I understand the rules to be before the committee by a regular reference. It Mr. WADE. I can say that I have no doubt that the words must be written down. Let him was referred to them upon petitions, resolutions, of it, and I have not denied it. write down the words of the Senator from South and remonstrances I may say, from many of the Mr. RUSK. Well, then, it is very easy to adCarolina.

district attorneys, marshals, and I may add, judges | mit it. Mr. RUSK. The writing which the Senator of the Federal courts of the United States, and they Mr. WADE. I have been speaking of its adhas sent up is no point of order under the rule. came from the free States. The subject was fairly vocates. No man has heard me say where the

Mr. BAYARD. I presume it all arises from a referred to the committee, and it devolved upon bill originated. I said I saw no man's finger and misconception

my friend from Connecticut, indifferently, without no man advocating it, when I spoke before, exMr. RUSK. Will the Senator allow me? The regard to sections, to make the report as he did | cept northern men; and at that time the remark rule requires that when a Senator is called to order by the direction of the committee. I believe I was strictly true; for nobody had advocated it the words must be written down in full, not an was the only one—but we ought not to mention but the Senator from Illinois and the Senator from ad captandum abtract.

what takes place in committee, and I shall not do Connecticut. Mr. BAYARD. I think I had the floor. 80. My friend is and has been acting upon the Mr. SEWARD. Will the Senator from Ohio

The PRESIDING OFFICER. The rule is authority of the committee, and not on his own excuse me for a moment, in order that I may that the words must be reduced to writing. mere motion, as my honorable friend from Mis- make a statement which I think is necessary to

Mr. BADGER. They must be reduced to souri (Mr. Geyer) can bear testimony. I said make this matter understood ? writing before anybody has the floor.

that I rose to do justice to that honorable gentle. Mr. WADE. With pleasure, sir. Mr. BAYARD. The words put down are not man, (Mr. Toucer.] Why, sir, if I can state Mr. SEWARD. Although it is undoubtedly the words which were used by the Senator from what took place in the committee, but I believe I true that this bill was brought in on a report from South Carolina, and no man except one under

a committee, it is also true that there are no papers extreme bian could have so understood him. The Mr. BRODHEAD. You can state it.

with the bill, and it is indorsed on the back of the words used by the Senator from South Carolina,

Mr. BUTLER. Can I?

bill, “no papers.' I think were i contrary to truth," noc imputing Mr. BRODHEAD. Certainly.

Mr. DOUGLAS. What necessity is there for


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he says:

stating that? Is not the Senator from Ohio able States under which they live, impliedly accusing from Louisiana advanced, and I wish to call his to get authority to sustain his own statements ? them of a want of loyalty to the Constitution of attention, and that of the Senate, to certain other

Mr. RUSK. On the face of the bill this ap- the United States; and therefore, if I may believe facts of a prior date, to show the error into which pears: “In the Senate of the United States, Feb- || what the honorable Senator from South Carolina he has fallen. If I do not greatly mistake, the ruary 17, 1855, Mr. ToUcer, from the Committee now says, they, on their own motion, have stepped declaration is true which was made by the Hon. on the Judiciary, reported the following bill; | in here to vindicate what they conceive to be the Caleb Cushing, now the Attorney General of the which was read, and passed to a second reading." rights of the South.

United States, in a letter addressed, in the year That appears on the face of the bill, which is on Mr. President, before I was interrupted I had | 1838, to certain citizens of Massachusetts, in which file in every Senator's desk.

said pretty much all that I proposed to say, and Mr. TOUCEY. Mr. President, perhaps I more than I originally intended to say when I " In its industrial, financial, and political relations, sla. ought to reply

to the statement of the Senator from rose, because my object in again addressing the very is at the bottom of all the action of Congress.” New York. This subject was first committed to Senate was principally to set the Senator from

“ li is that thing which pervades, colors, and controls, by the Senator from Georgia, who is absent, (Mr. Illinois right in his idea that the result of the late

its unpronounced, but ever present influence, all the meas

ures and operations of the Government." Toombs,] with the papers, and the papers are sup- election in Ohio had been brought about by the posed to be in his possession. After his absence, it party called Know-Nothings. I certainly think

Now, Mr. President, I believe this to be true, was put into my hands, and I have reported this I have shown that he is entirely mistaken in that. literally, historically, humiliatingly true. And in bill by the direction of the committee, and it has I have pointed him to the fact that in those places proof of this, I would first call the attention of the my full and hearty concurrence. where foreigners most abound, as in Cincinnati

Senate to the action of the Federal Government in Mr. GEYER. in reference to the remark of and in Cleveland, the anti-Nebraska majority was

relation to the District in which we are assembled. the Senator from New York, I beg leave to say the largest. He then is utterly mistaken in the

Let us begin here. This Government has enacted that it is not customary to report back, with public || idea that this great revolution was brought about laws over the National District which are a violabills, the petitions and resolutions on which they by any such thing as Know-Nothingism. I am

tion of every principle of freedom and justice, for are based, and which were referred to the com- willing that he shall flatter himself that such is

the existence of which my constituents are held mittee reporting the bill. When such matters are the fact; but, sooner or later, he will wake up to equally responsible with those of the Senator referred to them, they may report a public bill, | understand that the whole free North have risen

from Louisiana, and which involve every Slate in and it is stated on its face that it is supported by with the determination that they will undo what

this Union in a fearful responsibility-laws which the authority of the committee, but it is not usual was done against their will, against their protesta

are the sublimation of injustice, barbarity, and in such cases to submit reports and papers. Whentions, and against all they could do to prevent the despotism, and which, according to Jefferson, ima private bill is reported, the evidence on which it passage of that bill by their representatives here. pose a bondage one hour of which is fraught is based, is always reported with it. In regard to Glory to the name of the great State of Ohio. Not with more misery than ages of that which he rose public bills, the case is different.

a Nebraska man from that State will obscure the in rebellion to oppose. Mr. WADE. Mr. President, this only shows doors and the Hall of the House of Represent

By the enactment and authority of the United what I was contending for before. I now learn, latives in the next Congress. Not a man on whose / States, one portion of the people of this District if I understand the gentleman aright, that this bill skirts there is the least smoke of the unholy fire,

hold another portion as property, as chattels, to be originated with the Senator from Georgia, (Mr. not a man suspected of the least leaning to that worked without wages, to be scourged without Toomas.).

remedy, and sold without redress. bill will be there to represent her. No matter Mr. BUTLER.. Not at all. You are wrong ER. whether he was Whig, Democrat, Free-Soiler, or

Laws are in force here, by the enactment and every way:

Know-Nothing, if he wavered upon that point, authority of the United States, which authorize Mr. WADE. What did the Senator from Con- | if he stopped to doubt over it, if he hesitaied at and permit some hundreds of children, annually necticut say on that subject ?

all, that doubt, that hesitation, was political death, born in this District, to be snatched, “while yet Mr. BUTLER. The Senator from Connecticut from which there was and will be no resurrection.

the seal of Heaven is fresh upon them,” out of Baid what was the fact, that when these papers Mr. DOUGLAS here addressed the Senate, that condition of natural liberty which our fathers were sent to the Committee on the Judiciary from but his speech, retained for revision, could not be truly asserted to be the birth-right of every human a very high source, I may be allowed to say, | obtained in time for insertion here. It will be being, and doomed to life-long slavery; children from those persons concerned in the enforcement found in a subsequent part of this volume. which, from their very helplessness, cannot be of the public laws, they were referred to the Sen- Mr. GILLETTE. Mr. President, I regret the supposed guilty of any crime, nor for the alleged ator from Georgia, (Mr. ToomBS,) and not to the necessity of trespassing upon the patience of the

reason that their mothers (not to speak of their Senator from Connecticut, (Mr. Touces,] to draw Senate at this late hour of the session; but since fathers) are criminal. According to the Consti.

Connecticut has been made to lead off in this new tution, the children of the blackest culprits even Mr. PETTIT. The Senator from Georgia is conflict for the defense of slavery by my colleague,

cannot be attainted. What, then, can be said of absent. who reported the bill before us, I feel myself called

the infliction of the severest punishment upon the Mr. BUTLER. The absence of the Senator upon to represent what I think to be her true senti- innocent children of innocent mothers, even the from Georgia was the only reason why we re- ments, and vindicate her good name from dishonor. doom of slavery for life? Said Governor Giles, of ferred it to the Senator from Connecticut.

I am free to say, sir, that no other State in this Virginia: Mr. WADE. I understand they referred it to Union more deeply abhors the fugitive act of 1850 “Slavery must be admitted to be a punishment of the the Senalor from Georgia, and in his absence the than Connecticut; and to no other State could this highest order, and it ought to be applied only to crimes of Senator from Connecticut took the authority upon bill, being intended as a sequel to that act, be

the highest order." himself. more distasteful and odious.

Yet the Government of the United States dooms Mr. BUTLER. No such thing.

Sir, it affords me no pleasure to appear before || innocent men, women, and children to a punishMr. WADE. At any rate he went with will the Senate on any question which may not be ment of the highest order. ingness into the matter.

agreeable to some Senators. It would be less un- By the authority of the United States a part Mr. BUTLER. I referred it to him myself, | congenial to my taste and feelings, either to sit in of the population of this District are doomed to and I asked him to take charge of the bill, and silence, or confine myself exclusively to such sub- the profoundest ignorance, absolutely stultified, report it.

jects as commend themselves to the favorable con- | and then, if the poor darkened wretch, the eyes Mr. WADE. Certainly, sir. I had very little sideration of all. But when propositions are thrust of whose mind have been thus put out, and the doubt that the inception of this measure was in a upon our attention which I cannot approve; or chambers of whose soul have been filled with darksouthern latitude.

when injustice stalks before us in its most appall- | ness, should violate a certain law which he was Mr. BUTLER. It was not so, sir. I standing forms, trampling humanity in the dust, I have thus forbidden to read and understand, he is conhere to contradict that, and the gentleman from no option but to oppose them at whatever hazard, | demned to have his right hand cut off, to be hung Massachusetts may now call me to order if he and can only say, in self-justification, with a great in the usual manner, to be beheaded and quarpleases. It did not originate in a southern lati-, statesman and orator of antiquity, when about to tered, and have each fragment of his mangled tude.

urge an unpopular measure before an Athenian body hung up in the most conspicuous places in The PRESIDING OFFICER. The Senator assembly, that " while I am not so perverse as the District. . And although, as I am informed, is out of order now; the Senator from Ohio is to study to give offense where no good purpose and am happy to believe, this Draconic enactment entitled to the floor.

can be answered by it, my opinion is, that every has not been executed here for many years, I do Mr. WADE. If ic did not originate in a south- | honest speaker should prefer the interests of the not understand how a court could evade the inflice ern latitude my first suspicion is true, that it ori- | State to the admiration and applause of his tion of it, upon a conviction of either of the crimes ginated with northern men. (Laughter.] There hearers.".

of which it is the penalty, without a renunciation it is, just as I insinuated before; northern men In the discursiveness of this debate, the Sena- ll of the lower law dogma. are responsible for this. Now, let me ask, is it tor from Louisiana (Mr. BENJAMIN) has charged By another law in force here, by the enactment not rather surprising that they should have en- the North with aggressiveness upon the South. and authority of the United States, if any person tered upon a measure which southern honor dis | He represented the South as the aggrieved and out- of the proscribed class breaks into a shop, storecards?' ls not this the very thing of which I raged party, always suffering in her rights from house, or warehouse, not contiguous to, or used accused them? Sir, I doubt whether there is any the encroachments of the North, and always with any mansion-house, and steal from thence southern man who is imbued with their high acting in defense of her peculiar institution from any goods to the value of five shillings, such principles of State rights, who would advise the the assaults of freedom. Such was the burden offender, on conviction, shall suffer death without introduction of a bill of this kind, for, most as- of much of his eloquent speech. Now, sir, I be- || benefit of clergy. Yes, sir, death for stealing the suredly, as I understand the bill, it outrages every lieve this to be as contrary to the whole history of value of five shillings, when slavery itself is the principle they profess to hold dear. It seems, this Government, as opposed to our own obser- | master-theft of earth, teaching theft as its first, however, that it has devolved on northern men to vation. The Senator from Ohio (Mr. WADE) has rudimental, and practical lesson-plundering not Bland here and abet their peculiar interest by the called our attention to some facts of recent date to simply five shillings from the pocket of a man, but dassage of this bill, discarding the courts of the Il show the fallacy of the idea which the Senator || clutching the man himself, body, soul, packet,

up a bill.

330 CONG....20 Sess.

Erecution of United States Laws-Debate.



shillings, all, and devoting them upon its execra- port its white poor, to sustain the schools for the Mr. GILLETTE. The honorable Senator, I ble altar. Death for stealing five shillings, not- education of its white children, and for all the think, has given the very profoundest reason he withstanding the Constitution forbids the infiction other municipal expenses of the District, while, can for his disbelief, with a characteristic courtesy. of cruel and unusual punishments !

at the same time, they are precluded from any Mr. MALLORY. I trust the Senator from By another law in force here, by the enactment participation in the benefits of what they are thus Connecticut will be suffered to go on, and not be and authority of the United States, if a person compelled to pay, being left alone and unaided by interrupted. The statements which he has been belonging to a certain class, whether man their chivalrous exactors to feed their own poor,

making can certainly do no harm in the country; woman, presumes to strike a person of another to sustain their own schools, and bear all their if wrong, they can be corrected. class, whether in self-defense against a drunken other burdens as best they can. Language, sir, Mr. RUSK. I feel great interest though, if the *ruffian or an adulterous villain, or under any is too poor to characterize such extortion. Senator will allow me to say a word, to know the provocation whatever, on conviction by the oath By ihe authority of the United States, there name of that thing, in the shape of a man, who of the person struck, he or she she shall be maimeil appeared in this city a few days since, under the was seen dragging a woman with a rope tied around by having an ear cut off, “ cropt," as the law has meridian sun, a human shape on horseback, drag- her body: As a matter of curiosity', I should like it.

ging a woman by a rope around her body through also the time when it occurred. By another law in force here, by the enactment its muddy streets. With unblushing face, and Mr. GILLETTE. In reply to the Senator from and authority of the United States, if a person head erect, gloating over his victim with a spider- Texas, I will say, that I am not informed as to belonging to a certain class goes out into the woods | like exultation, this gallant son of “the chivalry,” the name of the thing." It passed this Capitol and shoots a hog, and refuses to return on the ascended the hill on which we are assembled, with | about one o'clock, p. m.demand of a person of another class, it is lawful his human prey, and passed by under the very Mr. JONES, of Tennessee. When? To-day? to shoot, kill, and destroy such person.

shadow of the Capitol over which at that moment Mr. GILLETTE. On Monday of last week. By another law in force here, by the enactment your national flag was proudly floating as the Mr. RUSK. Did the Senator see it? and authority of the United States, any person ensign of freedom. Oh," the model Republic!" Mr. GILLETTE. No, sir; but I have the of the proscribed class, who shall give false testi- The model Republic!" The great slavemonger, testimony of several persons who did see it. mony against any other person of his own class, the great slave-market, the great slavery-propa- Mr. RUSK. Will the Senator name who they shall have one ear cut off on the day of his or her ganda of the nineteenth century, around whose are? conviction, and receive thirty-nine stripes on his Capitol men are bought and sold like oxen, and Mr. GILLETTE. M essential, I could name or her bare back; and the next day the other ear woman is hunted and led, as savages hunt and lead the persons. They were ladies at the boarding shall be cropped, and the like number of stripes given the offender. si AWSONSSOÁs chairman of the Com

house where I lodge. One of them, the wife of a

Senator, two others, the wife and daughter of a It is note-worthy, in passing, that the number mittee on the District of Columbia, I will only Representative, and a fourth, the sister of another of lashes generally meted out to the slaves by take occasion here to say to the Senator from Con- Representative. slave-law, is thirty-nine. Why this precisenecticut, that those laws are not in force in this Mr. RUSK. Then I understand the Senator number should be designated it is not easy to un- District any more than the old laws of the State | did not see it himself? derstand, unless it was suggested by the “forty of Connecticut against witchcraft, and the laws Mr. GILLETTE. I never pretended that I stripes save one," which St. Paul tells us he re- made at New Haven against violating the Sab. myself saw it. ceived five times from the Jews, and adopted in bath. No such laws, I believe, were ever passed Mr. RUSK. I am glad of that, for I believe the hope of canonizing the so-called “Patriarchal | by Congress. Even if they were, they are no the Senator would have chivalry enough to stop institution” into the higher sanctity of apostolic more in force, than the Blue Laws of the Senator's such a thing if he should see it; and I would help saintship.

own State. What is the object of the course of him in doing so. By another law in force here, by the enactment the Senator, but to excite prejudices against the Mr. GILLETTE. I am glad to have escaped and authority of the United States, any colored District of Columbia, and against the character of such a spectacle. person, free or bond, coming into the national

our country and its institutions? I submit to the Mr. BUTLER, (to Mr. GILLETTE.) What District, is liable to be seized and imprisoned as a Senator himself whether it would not be well to would you have done if you had seen it? fugitive from slavery; and if unable, in that help- | refrain from such a course of remark.

Mr. GILLETTE. I would have called the less and forlorn situation, to pay all fees and re- Mr. GILLETTE. I have in my hand (holding attention of the Senator from South Carolina to wards given by law for apprehending runaways, up the book) these laws of which I have made an the scene, as a specimen of his "patriarchal instiis liable to be sold into slavery for life to the high- abstract. I have the code here entitled "the Black | tution," as it exists in the Federal District, and est bidder; and to crown the atrocity, the price Code of the District of Columbia.” The gentle- | under the authority and laws of this Federal Gov. of blood_"the money or tobacco," as the law man can look at it.

ernment. I mentioned it by way of illustration of reads—shall go into the pockets of the marshal Mr. RUSK. I wish to ask the honorable Sen- | the subject in hand. himself—the judge in the case—as imprisonment ator where that code was printed. The book Mr. BUTLER. I know what I would have fees, except what may be needed to pay for the looks like a very small one to contain a code of | done. arrest of the victim-thus holding out a bribe to the la ws.

Mr. GILLETTE. Now, Mr. President, it is marshal to adjudge him to slavery. Under this law Mr. GILLETTE. It was published in New pertinent to inquire, by what authority did the several persons, according to the reports of the York.

Congress of the United States, acting under a marshals, not having been claimed as slaves, and Mr. RUSK. Just where I expected. [Laugh. Constitution ordained, among other purposes, "to therefore presumed to be free, have been sold into

establish justice”-aye, sir, to establish justiceBlavery for life. Thus the Government selis its Mr. GILLETTE. These laws are found in and “secure the blessings of liberty," enact the own citizens into slavery, as cannibals sometimes the statutes of Maryland; I have seen them there consummate injustice of earth, and the outrage eat their own children.

myself, they were enacted into United States laws upon liberty, of striking down thousands of perBy the connivance, if not by the positive enact- | by Congress in 1790, and they have never been sons in this District to the degradation of chaitelment of Congress, a traffic is here carried on in repealed.

hood? In what article, section, or clause of the human beings. Advertisements of sales flare in Mr. RUSK. New York is very kind to print Constitution is the tremendous power given to this the newspapers of the District with cold blooded the statutes of Maryland.

Government to make a man a slave, to snatch effrontery; and men, women, and children are Mr. GILLETTE. Mr. President

from him the crown and jewels of his immortal bought and sold here, around this Capitol, as brute Mr. JONES, of Tennessee. The Senator will nature, and load him with chains? We look in beasts. I am aware that, by one of the famous com- allow me, I am sure, before he proceeds, to vin- vain for any power therein given to Congress to promises of 1850, the bringing of slaves for sale into | dicate the truth of history.

chattelize a part of the people, and throw them, the District is forbidden, under penalty of the for- Mr. GILLETTE. Certainly.

despoiled and helpless, into the hands of another feiture of such imported slaves; but I have been Mr. JONES, of Tennessee. The “Black class, to be used as property, "to all intents, conunable to learn that any efficient steps have been Code” from which the Senator has been quoting, structions, and purposes whatsoever," in the lantaken to execute the law; and it is believed that, and on which he has made his speech, is a New guage of slave law. by concealment and fraud, the traffic is still car- York work," by Worthington G. Snethen, Coun. Such legislation is no less a violation of the ried on here to some extent, though the great slave selor-at-Law; Published for the A. and F. Anti- | Constitution than an outrage upon humanity. It barracoon used by the brokers in human flesh Slavery Society, by William Harned, 61 John is an arrant usurpation of power, such as few, if residing in the capital, is just across the Potomac. street. That is the title page of the book. I any, eastern despots could safely commit. By Soon after arriving in this city last May, I noticed | merely wish the authority for the Senator's state- the Constitution, Congress has no more power to in the organ of the Administration an advertise- ments to go out with his speech.

make a slave than a lord; no more authority to ment of a whole family, consisting of five or six Mr. GILLETTE. I ask the Senator from rob a man of his liberty than of his life; no more members, to be sold at auction, in front of the City Tennessee whether in his State the authority of warrant to legalize slavery than piracy. The Hall; and during the present session of Congress an author is discredited, from the fact that his l Constitution forbids the granting of any title of I have seen persons advertised for sale in the fair- | work is not issued by a publishing house in Ten- | nobility-does it then authorize the granting of a seeming Intelligencer, “ without restriction,"in vio. nessee? Does he question the validity of the title of ignobility, even the ignominy of slavery, lation of a provision of the compromise of 1850. United States laws because they are publiehed in and invest one man, with whip and spurs, to ride By the authority of the United States, if a per- || Boston, and not in Tennessee?"

another man whithersoever he listeth, by the grace son of the proscribed class shall fly any kite or kites Mr. JONES, of Tennessee. Not at all; but of this Government? We find no warrant in the within the limits of the Corporation of George- || with me, the fact that anything on the subject of Constitution for thus dividing society into distinct town, he shall be fined, or flogged, at the disere- slavery comes from an A bolition source, is enough castea more odious than any to be found in the Old tion of the Mayor.

to make me regard it as questionable. If it is World, into slaves and slaveholders, menials and By the authority of the United States, the free published by an anti-slavery society, it is pretty masters, bondsmen and freemen, vassals and colored inhabitants of this city are taxed annually sure to be a slander on the South, and on the tyrants, victims and victimizers. from fifteen to twenty thousan i dollars, to sup. " country.

It can hardly be necessary for me to say, that


33p Cong....2p Sess.

Execution of United States Laws-Debate.


the Constitution, based, as it is, on the great prin- || those who rose in favor of taking the question by should tell him of am implied obligation to do no ciple of the national declaration, the exact equality yeas and nays.). There are only five Senators such thing, inasmuch as the grantor has a simiof all men by nature in political rights, so far from rising-not a sufficient number, in the opinion of lar swamp of vastly greater size on his remaining countenancing “ the wild and guilty fantasy that the Chair. The yeas and nays are not ordered. lands, and there are many such on the surroundman can hold property in man," nowhere recog- || Senators, you who are in favor

ing farms, all of which would appear the more nizes the principle of slavery in any such sense Mr. COOPER, Mr. SUMNER, and others. unsightly and repulsive by the contrast, and the as to authorize, support, and countenance it; but | Count the other side.

whole neighborhood be exposed to a partially on the contrary, if faithfully executed, slavery The PRESIDING OFFICER. It is too late purified and healthful atmosphere. The utter could not exist another hour anywhere under its now to ask for a division. The Chair decided that

baselessness of such a pretension is obvious. ls exclusive jurisdiction. Instead of its shield, it | the yeas and nays were not ordered, and no divis- it any the less preposterous to say, that inasmuch would prove its sword; instead of its refuge, its ion was asked for at the time.

as Maryland had slavery when she ceded the hot avenger. The Constitution, while its declared The motion to adjourn was not agreed to. District to the United States, there was an implied objects, in part, are "to establish justice," and Mr. GILLETTE. I am very sorry, Mr. obligation on the part of the latter, never, without "secure the blessings of liberty,” expressly pro- President, to tax the patience of the Senate, but her consent, to abate the nuisance within the Dis. vides that “no person shall be deprived of life, at the same time I am not responsible for the trict, to drain the pestiferous marsh, because her liberty, or property, without due process of law;" introduction of this subject into the Senate, and own slavery might appear all the more odious that "the right of the people to be secure in their therefore I shall proceed with what I have to say. from the contrast with liberty here, and not only persons, houses, papers, and effects against un- The Constitution expressly prohibits the pas- herself, but all slavedom would be in danger from reasonable searches and seizures, shall not be sage of any bill of attainder, yet slavery defiantly freedom. violated;" and that " the privilege of the writ of attaints persons of African descent to such a degree Congress is responsible to all the States, and to habeas corpus shall not be suspended, unless when that the purest anglo-Saxon blood of the “first the people of the States, for its legislation here, in cases of rebellion or invasion the public safety | families" has but little power to bleach out the and not to Maryland solely, else the National is may require it." Slavery, as it is well under- | taint and work an absolution. The experiment subordinate to a State authority, and is incomstood, deprives persons of life, liberty, and prop- | has been in progress in this country for more than petent to fulfill its great design. Congress has the erty, not by due process of law, but by the sum- two hundred years, under the cunning and con- same authority to abolish slavery in the Federal mary process of force; it annuls the right of people servative, principle, partus sequitur ventrem; and district, that Maryland, or other slave State, has to be secure from unreasonable searches and still it is found that it requires not less than fif- to abolish it within her limits, and to assume that seizures, by breaking open the very sanctuary of teen-sixteenths of the purest Caucasian blood to the only legislative power in the District is incomprivate rights, searching, and seizing, not only || remove the attainder and restore the attainted to petent to do away the evil here, is tantamount to property, but persons, and dragging them forth as the rights and dignity of manhood. In the early saying that it cannot repeal the laws of its own booty, to be worked, whipped, and sold in the history of the country three-fourths parts of white enacting, within its own exclusive jurisdiction, human-flesh markets. It suspends, in effect, the blood entitled the slave to freedom, and be became, which is contemptibly absurd. If a lunatic Conwrit of habeas corpus, the great bulwark of liberty, virtue thereof, a white man; but owing since to gress should frantically assume to legalize robbery in relation to persons not guilty of invasion or the rapid fading of the slave's complexion, it has in the District, could not a subsequent Congress, rebellion, but " guilty of a skin not colored like been thought necessary and profitable, practically, restored to reason, blot out the barbarous enactour own," and not even of that, in many cases, to dispense with color altogether as an index of ment, and make restitution to the victims? Clearly but of a "pure whitecomplexion-the negro slavery, and make it depend—not on paternal, no, then Congress, having enacted laws by which Anglo-Saxonized.

no-but on maternal descent. Such is the fact in men are held in slavery in this District, can hasten Mr. THOMPSON, of Kentucky. Will the this District. Persons are held here in slavery, to their relief, knock off their chains, and restore Senator from Connecticut allow me to make a at this moment, as white as the whitest Senator to them their plundered rights, their long-lost motion to adjourn? on this floor.

manhood. Mr. BUTLER. Let him go on.

I am aware that, in years past, when the free The Jeffersonian Ordinance of 1787, abolishing Mr. THOMPSON, of Kentucky. I do not see States, through their Legislatures and otherwise, and prohibiting slavery within the Northwestern any end to this talk.

have invoked Congress to abolish slavery in the Territory, was ratified by the unanimous vote of The PRESIDING OFFICER, (Mr. WELLER.) Federal District, it has been the policy of its de. the first Congress under the Constitution. SupDoes the Senator from Connecticut yield the floor? fenders to take refuge behind the States which posing some member from Virginia had arisen Mr. GILLETTE. Yes, sir.

ceded the District, and cast the responsibility upon there and objected, on the ground that, inasmuch Mr. THOMPSON, of Kentucky. It is evident | them, but, in my opinion without any shadow of as Virginia had ceded that Territory to the United to my mind that this is to come to nothing, but

Let us examine this subterfuge for a States, there was a tacit and implied understanding that we are to have an interminable discussion on moment. The slave laws of the District, no one that Congress would not abolish slavery therein, subjects which nobody wishes to hear or cares will deny, were enacted by the Congress of the without the consent of Virginia-he would have anything about. I wish to go home now, and || United States, approved by the President of the been challenged to produce the proof, and, failing, come back to-morrow to attend to the appropria- || United States, and they are enforced by the au- would have been justly regarded as more zealous tion bills and other measures properly appertain-thority of the United States, in a Dietrict over for slavery than wise for freedom. ing, to the business and interests of the nation, which Congress has "exclusive jurisdiction in But, Mr. President, I deem it unnecessary to and let the Senator from Connecticut make his all cases whatsoever” by the Constitution of the pursue the argument further on this point, since speech on some leisure occasion when we have || United States. Because Maryland may have had the power of Congress over slavery in the District nothing else to attend to. I do not wish to listen such laws at the time of the cession of that part of has been admitted by the highest authorities in to him now; I wish to adjourn, so that I may get the District now remaining to the United States, the country; and, in 1850, conceded by Congress some rest, for I did not come here to-day prepared so far from making that State responsible for their itself, by the passing of a law prohibiting the im. to sit so many hours.

existence here, it only shows that Congress copied portation of slaves into the District, for sale. If Mr. CLAY. I trust the motion will not pre- those laws from her statutes, and adopted them as Congress can abolish the slave-market here, can it vail. I want the Senator from Connecticut to its own. Supposing, if it were possible, Congress not strike another blow at the root of the compli. deliver himself of the one idea which he brought | had derived those laws from the customs of some cated wrong, and abolish slavery itself? If it can here with him, before he goes away.

barbarous tribes, would that act have inculpated forbid the traffic in men, can it not forbid the enMr. THOMPSON, of Kentucky. Does the || those barbarians, and exonerated Congress and slavement of men, by repealing the laws of its own Senator from Alabama expect to get a vote? the United States from the responsibility of their enacting, which make men slaves ? If Congress is

Mr. CLAY. Yes, sir.' Let us unkennel the enactment and existence here? No man could competent to declare every slave brought into the whole pack to-night.

entertain so preposterous an idea for a moment. District for sale, free, is it not competent also to The PRESIDING OFFICER. Does the Sena. By the constitutional provision anticipating the declare every slave already in the District free? tor from Kentucky move that the Senate adjourn? cession of the District, the jurisdiction of the Uni- | Thus, sir, the whole question has been conceded

Mr. THOMPSON, of Kentucky. Yes, sir; ifted States is unconditional and complete, without and settled incontrovertibly. the Senator from Connecticut will allow me to anything implied or understood. Neither Mary- The maintenance of slavery in the Federal dis. do so?

land nor any other State asked to exercise coördi- trict, by the authority of the United States, exerts a Mr. GILLETTE. Certainly; 1 yield the floor nate jurisdiction over the District, and dictate its || conservative influence over the institution in the for that purpose.

legislation. Had such a demand been made, the || States, by clothing it with the countenance and Several SENATORS. No adjournment now. answer would have been found in the Constitution, | sanction of the nation. The District of Columbia

Mr. SEWARD. Let us have the yeas and | vesting in Congress the right to “ exercise exclu- ) is thus made the citadel of American slavery, its nays.

sive legislation, in all cases whatsoever, over such || munition of defense; or as the late Mr. Calhoun Mr. THOMPSON, of Kentucky. As the Sen- District;" thus inhibiting Congress from becom- once said, "the very key of slavery.” Its existate do not appear to favor my motion, I withdrawing a party to any such stipulation. Says Madi. ence here under the attendant circumstances, init; but I will not remain here to listen to this


in the forty-third number of the Federalist: volves the whole nation in all its responsibility worse than useless discussion. Other Senators “ The indispensable necessity of complete authority at and infamy, from which Connecticut and other can stay if they choose.

the seat of Government carries its own evidence with it." free States have repeatedly and earnestly implored Mr. SEWARD. I move that the Senate ad- The absurdity of the pretense of an implied Congress to relieve them, and cast from their journ.

obligation to Maryland, or to any other State, to shoulders the ignominious load. Petitions for this Mr. BUTLER. I hope we shall not adjourn. maintain slavery in the Federal District, according object now lie on your table, sir; and but a few

Mr. BADGER. It is very early; only half to the pleasure of such State, may be thus exposed: | days ago, the sovereign State of Michigan, through after six o'clock.

Supposing a land holder should make an absolute her noble Legislature, spoke to us in relation to this Mr. SEWARD and other Senators asked for conveyance of a farm with an unsightly and pes- and other kindred abuses, in a voice so clear and the yeas and nays.

tilential marsh upon it, and when the owner | thrilling, that none but squatter-sovereigns, clamThe PRESIDING OFFICER, (after counting || proposed to drain and reclaim it, hio neighbors | orous for “popular sovereignty," can disobey...

& reason.

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