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referred to their respect've Committees on Ter- Mr. Stephens's substitute, as thus amended by ritories; but the accompanying Memorial from its adversaries, was abandoned by its original the Free-State Legislature, setting forth the friends, and received but two votes—those of grounds of the application, and praying for ad- Messrs. George G. Dunn, of Indiana, and John mission as a Slate, was, after having been re- Scott Harrison, of Ohio--Nays, 210. ceived by the Senate, reconsidered, rejected, Mr. Dunn had previously moved a reference and returned to Col. Lane, on the allegation of the bill to the Committee of the Whole on that material changes had been made in it since the state of the Union. This was now defeated: it left Kansas. The Senate, in like manner, re- Yeas, 101 ; Nays, 109. jected repeated motions to accept the Constitu- Mr. Jones, of Tennessee, now moved that the tion, and thereupon admit Kansas as a Free bill do lie on the table, which was defeated. State-there never being more than Messrs. Yeas, 106; Nays, 107; (Barclay of PennsylHamlin and Fessenden, of Maine, Hale and Bell, vania, Dunn of Indiana, Haven and Williams, of New Hampshire, Collamer and Foot, of Ver- of New-York.— Yeas : Bayard Clarke, of Newmont, Sumner and Wilson, of Mass., Foster, York, Hickman and Millward, of Pennsylvania, of Connecticut, Seward and Fish, of New-York, Moore, of Ohio, and Scott, of Indiana.–Nays : Wade, of Ohio, Durkee and Dodge, of Wiscon- Scott Harrison, of Ohio, not voting, Wells of sin, Trumbull, of Illinois, and Harlan, of Iowa, Wisconsin, absent). The House now refused (16) Senators in favor of such admission, and to adjourn by 106' to 102; and, after a long these never all present at the same time. struggle, the final question was reached, and the
In the House--the aforesaid Constitution and bill rejected : Yeas, 106; Nays, 107. Memorial having been submitted to the Com- So the bill was lost. mittee on Territories—its Chairman, Mr. Grow, July 1st.-Mr. Barclay, (Dem.) of Pennsyl. of Penna., from a majority of said Committee, vania rose to a privileged motion. He moved reported in favor of the admission of Kansas a reconsideration of the preceding vote, by under such Constitution, as a Free State ; and which the Free Kansas bill had been rejected. after debate the Previous Question thereon was a stormy debate ensued, in the midst of which ordered (June 28th) by a vote of 98 Ayes to Mr. Howard, of Michigan, rose to a question of 63 Noes. Previous to this, however, Mr. Ste- higher privilege (as affecting the right of a phens, of Georgia, had proposed, as an amend member (delegate) to his seat) and submitted ment or substitute, a radically different bill, the report of the Kansas Investigating Comcontemplating the appointment by the Presi- mittee (already given). The Speaker sustained dent and Senate of five Commissioners, who the motion, and the House sustained the should repair to Kansas, take a census of the Speaker. The report was thereupon presented inhabitants and legal voters, and thereupon pro- and read, consuming a full day. ceed to apportion, during the month of Septem- July 3rd.—The question of reconsidering the ber, 1856, the delegates (52) to form a Consti- vote defeating the Free-Kansas bill was again tutional Convention, to be elected by the legal reached. Mr. Houston, of Alabama, moved that voters aforesaid ; said delegates to be chosen it do lie on the table; defeated : Yeas, 97; on the day of the Presidential election (Tues- Nays, 102. The main question was then orderday, Nov. 4th, 1856), and to assemble in Con- ed: Yeas, 101 ; Nays, 98; and the reconsideravention on the first Monday in December, 1856, tion carried: Yeas, io1 ; Nays, 99. The previous to form a State Constitution. The bill proposed, question on the passage of the bill was now also, penalties for illegal voting at said election. ordered : Yeas, 99; Nays, 96; à motion by To this substitute-bill
, Mr. Dunn, of Indiana, Mr. McQueen, of South Carolina, to lay the bill proposed the following amendinent, to come in on the table was defeated : Yeas, 97; Nays, at the end as an additional section :
100; and then the bill was finally passed : Yeas, Sec. 18.–And be it further onacted, That so much of
99; Nays, 97. the fourteenth section and of the thirty-second section of
Mr. Grow, of Pennsylvania, moved the reconthe act passed at the first session of the Thirty-Third Con- sideration of this vote, and that the motion to gress, commonly called the Kansas and Nebraska act, as reconsider do lie on the table, which was perreads as follows: “ Except the eighth section of the act preparatory to the admission of Missouri into the Union, mitted, without further division. approved March 6, 1820, which, being inconsistent with June 30th.-Mr. Douglas reported to the the principle of non-intervention by Congress with Senate on several bills submitted by Messrs. Slavery in the States and Territories, as recognized by Clayton, Tombs, and others, for the pacificaMeasures, is hereby declared inoperative and void ; it tion of the Kansas troubles, as also decidedly being the true intent and meaning of this act not to legis- against Gov. Seward's proposition to admit late Slavery into any State or Territory, or to exclude it Kansas as a Free State, under her Topeka Contherefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their stitution. Mr. Collamer, being the minority of own way, subject only to the Constitution of the United the Territorial Committee, made a brief and States : Provided, That nothing herein contained shall
Mr. Douglas gave be construed to revive or put in force any law or regula- pungent counter-report. tion which may have existed prior to the act of 6th of notice that he would ask for a final vote on the March, 1820, either protecting, establishing, prohibiting, day after the next. or abolishing Slavery," be, and the same is hereby, re- July 1st.—Bill debated by Messrs. Thompson pealed. Povided, That any person or persons lawfully held to service within either of the Territories named in of Ky., Hale of N. H., Bigler of Pa., Adams of said act shall be discharged from such service, if they shall Miss., and Crittenden of Ky. not be removed and kept out of said Territories within July 2d.—Debate continued through the day twelve months from the passage of this act.
and following night, the majority resisting all Mr. Dunn's amendment to the Stephens motions to adjourn. Messrs. Wade, Pugh, amendment or substitute, was carried : Yeas, Briggs, Bigler, Toombs, Clayton, Crittenden, 109; Nays, 102.
Bell, Seward, Hale, and nearly half the Senate
participated. • Au amendment moved by Mr. patrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Adams, of Miss., the day before, striking out so Stuart, Thompson of
Kentucky, Toombs, Toucey, Weller,
Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, much of the bill as secures the Right of Suf- Wright, and Yulee-36. frage, in the proposed reorganization of Kansas,
Mr. Foster, of Connecticut, moved the followto alien residents who shall have declared their ing amendment: intention to become citizens, and renounced
SEC.- And be it further enacted, That, until the inall allegiance to foreign governments, was habitants of said Territory shall proceed to hold a Conadopted: Yeas, 22; Nays, 16.
vention to form a State Constitution according to the proSome time in the morning of July 3d, the fol- visions of this act, and so long as said Territory remains
a Territory, the following sections contained in chapter lowing amendment, reduced to shape by Mr.
one hundred and fifty-one, in the volume transmitted to Geyer, of Mo., was added to the 18th section of the Senate, by the President of the United States, as conthe bill-only Brown, of Miss., Fitzpatrick, of taining the laws of Kansas, be, and the same are hereby, Ala., and Mason, of Va., voting against it: declared to be utterly null and void, viz :
"$ 12. If any free person, by speaking or by writing, as. Yeas, 40. It provides that
sert or maintain that persons have not the right to hold slaves No law shall be made or have force or effect in said in this Territory, or shall introduce into this Territory any book,
paper, magazine, pamphlet, or circular, containing any denial Territory [of Kansas] which shall require any attesta of the right of persons to hold slaves in this Territory, such tion or oath to support any act of Congress or other persons shall be deemed guilty of felony, and punished by imlegislative act, as a qualification for any civil office, prisonment at hard labor for a term of not less than two years. public trust, or for any employment or profession, or to
"S 13. No person who is conscientiously opposed to hold. serve as a juror, or vote at an election, or which shall ing slaves, or who does not admit the right to hold slaves in
this Territory, shall sit as a juror on the trial of any proimpose any tax upon, or condition to, the exercise of
secution for the violation of any one of the sections of this the right of suffrage, by any qualified voter, or which act." shall restrain or prohibit the free discussion of any law or subject of legislation in the said Territory, or the free
This was rejected [as superfluous, or covered expression of opinion thereon by the people of said Ter-by a former amendment,) as follows: ritory.
Yeas.-Messrs. Allen, Bell of New-Hampshire, ClayMr. Trumbull, of Ill., moved the following: ton, Collamer, Durkee, Fessenden, Foot, Foster, Hale,
And be it further enacted, That it was the true in. Seward, Trumbull, Wade, and Wilson—is. tent and meaning of the “ aci to organize the Territories Bright, Brodhead, Brown, Cass, Clay, Dodge, Douglas,
Nays.-Messrs. Bayard, Benjamin, Biggs, Bigler, of Nebraska and Kansas,” not to legislate Slavery into Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Kansas, nor to exclude it therefrom, but to leave the Jones of Iowa, Mallory, Mason, Pratt, Pugh, Reid, SebasLegislature to regulate the institution of Slavery in their tian, Slidell, Stuart, Thompson
of Kentucky, Toombs, own way, subject to the Constitution of the United Toucey, Weller, Wright, and Yulee-32. States; and that, until the Territorial Legislature acts Mr. Wilson, of Massachusetts, moved that the upon the subject, the owner of a slave in one of the whole bill be stricken out and another inserted States has no right or authority to take such slave into the Territory of Kansas, and there hold him as a slave; instead, repealing all the Territorial laws of but every slave taken to the Territory of Kansas by his Kan owner for purposes of settlement is hereby declared to be free, unless there is some valid act of a duly constituted Collamer
, Durkee, Fessenden, Foster, Seward,
Rejected: Yeas, 8, (Bell, of New-Hampshire,
, may be held as a slave.
Wade, and Wilson ;) Nays, 35. The Yeas and Nays being ordered, the pro
Mr. Seward moved to strike out the whole position was voted down-Yeas, 9; Nays, 34– bill, and insert instead one admitting Kansas as as follows:
a Free State, under the Topeka Constitution : YEAs.—Messrs. Durkee, Fessenden, Foot, Foster, Hale,
Defeated-Yeas, 11; Nays, 36-as follows: Seward, Trumbull, Wade, and Wilson-9.
YEAS.-Messrs. Bell of New Hampshire, Collamer Nays.-Messrs. Adams, Allen, Bayard, Bell of Ten- | Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, nessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Wade, and Wilson–11. Brown, Cass, Clay, Crittenden, Dodge, Douglas, Evans, Nays.—Messrs. Allen, Bayard, Bell of Tennessee, Ben. Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of jamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Iowa, Mallory, Pratt, Pugh, Reid, Sebastian, Slidell, Clay, Clayton, Crittenden, Dodge, Douglas, Evans, FitzThompson of Kentucky, Toombs, Toucey, Weller Wright, patrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, and Yulee-34.
Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Mr. Trumbull then proposed that the Kansas- / Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Nebraska act
Wright, and Yulee-36.
The bill was now reported as amended, and was intended to, and does, confer upon, or leave to, the people of the Territory of Kansas full power, at any time, the amendment made in Committee of the through its Territorial Legislature, to exclude Slavery Whole concurred in. The bill was then (8 A. from said Territory, or to recognize and regulate it there. m.) ordered to be engrossed and read a third in. This, too, was voted down. Mr. Trumbull the vote stood —Yeas, 33 ; Nays, 12-as follows:
time; and, on the question of its final passage, then proposed the following:
YEAS,-Messrs. Allen, Bayard, Bell of Tennessee, Ben. And be it further enacted, That all the acts and pro- jamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, ceedings of all and every body of men heretofore assem. Clay, Crittenden, Douglas, Evans, Fitzpatrick, Geyer, bled in said Territory of Kansas, and claiming to be a Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Pratt, Legislative Assembly thereof, with authority to pass laws Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kenfor the government of said Territory, are hereby declared tucky, Toombs, Toucey, Weller, Wright, and Yulee-33. to be utterly null and void. And no person shall hold NAYS.--Messrs. Bell of New Hampshire, Collamer, any office, or exercise any authority or jurisdiction in Dodge, Durkee, Fessenden, Foot, Foster, Hale, Seward, said Territory, under or by virtue of any power or Trumbull, Wade, and Wilson-12. authority derived from such Legislative Assembly; nor shall the members thereof exercise any power or authority
The bill was then sent to the House. It pro. as such.
vides that five competent persons appointed by This, too, was voted down, as follows: the President, shall take a census of the legal Yeas.-Messrs. Bell of New-Hampshire, Collamer, voters of the Territory on the 4th of July, 1856, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, these to be apportioned into 52 districts, for the Wade, and Wilson-11.
Nays.-Messrs. Adams, Allen, Bayard, Bell of Ten- purpose of electing delegates to form a Stato nessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown,
Constitution ; it imposes penalties for usil.g Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitz-| force or threats to influence any qualified voter in giving his vote, or to deter him from going / who may be restrained of his liberty by reason of said to the polls; the delegates elected under this prosecutions, shall be released therefrom without delay.
Nor shall there hereafter be instituted any criminal act to assemble in Convention on the 1st Mon- prosecution, in any of the courts of the United States, or day of December, 1856, to first determine by of said Territory, against any person or persons for any vote whether it is expedient to form a State such charge of treason in said Territory prior to the pasConstitution and Government, and if it is Legislative enactments at any time.
sage of this act, or any violation or disregard of said decided to be expedient, to proceed a form a Constitution and Government for the State of preëmption to the quarter-section of public
§ 23 grants to every actual settler a right of Kausas, with the boundaries defined in this act. land improved and occupied by him in said
The bill was never acted on in the House, but Territory of Kansas, prior to Jan. 1st, 1858. lay on the Speaker's table, untouched, when the session terminated by adjournment, Monday, Mr. Dunn's bill are verbatim as follows:
The two last and most important sections of Aug. 18th. July 8th.-In Senate, Mr. Douglas reported fourteenth section, and also so much of the thirty-second
$ 24. And be it further enacted, That so much of the back from the Committee on Territories the section, of the act passed at the first session of the thirtyHouse bill to admit Kansas as a State, with an third Congress,commonly known as the Kansas-Nebraska amendment striking out all after the enacting tion of the act preparatory to the admission of Missouri clause, and inserting instead the Senate bill into the Union, approved March 6, 1820, which being in(No. 356) just referred to.
consistent with the principle of non-intervention by Con. Mr. Hale, of N. H., moved to amend this gress with Slavery in the States and Territories as recog
nized by the legislation of 1850, commonly called the substitute by providing that all who migrate to Compromise Measures, is hereby declared inoperative the Territory prior to July 4th, 1857, shall be and void ; it being the true intent and meaning of this entitled to a vote in determining the character act not to legislate Slavery into any Territory or State, of the institutions of Kansas. Lost: Yeas, 13 ; of perfectly free to form and regulate their domestic in
nor to exclude it therefrom, but to leave the people thereNays, 32,
stitutions in their own way, subject only to the ConstiMr. Trumbull, of Ill., moved that all the Terri- tution of the United States : Provideá, That nothing torial laws of Kansas be repealed and the Terri- force any law or regulation which may have existed
herein contained shall be construed to revive or put in torial officers dismissed. Rejected : Yeas, 12 ; prior to the act of 6th March, 1820, either protecting, esNays, 32.
tablishing, prohibiting or abolishing slavery"-be and the Mr. Collamer, of Vt., proposed an amendment, said act of the 6th of March, 1820, is hereby revived and
same is hereby repealed, and the said eighth section of prohibiting Slavery in all that portion of the declared to be in full force and effect within the said Louisiana purchase north of 360 30' not in Territories of Kansas and Nebraska : Provided, howcluded in the Territory of Kansas. Rejected- of said Territories shall not be discharged from such Yeas, 12; Nays, 30—as follows :
service by reason of such repeal and revival of said Yeas-Messrs. Bell of N. H., Collamer, Dodge, Fes- moved from such Territory or Territories prior to the 1st
eighth section, if such person shall be permanently resenden, Fish, Foot, Foster, Hale, Hamlin, Seward, Trum- day of January, 1858 : and any child or children born bull and Wade.
in either of said Territories, of any female lawfully held NAYS-Messrs. Adams, Bayard, Benjamin, Biggs, Bright, to service, if in like manner removed without said TerriBrodhead, Butler, Cass, Clay, Crittenden, Douglas, Fitz- tories before the expiration of that date, shall not be, patrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, by reason of anything in this act, emancipated from Jones of Tenn., Mallory, Mason, Pearce, Pugh, Reid, Se any service it might have owed had this act never been bastian, Slidell, Stuart, Thompson of Ky., Toombs, Weller, passed : And provided further, That any person law
fully held to service in any other State or Territory of the The substitute reported by Mr. Donglas was United States, and escaping into either the Territory of then agreed to—Yeas, 32; Nays, 13-and the Kansas or Nebraska, may be reclaimed and removed to
person or place where such service is due, under any bill in this shape passed.
law of the United States which shall be in force upon [This amendment was not concurred in nor the subject ever acted on by the House.]
$ 25. And be it further enacted, That all other parts of
the aforesaid Kansas-Nebraska act which relate to the July 29th.-Mr. Dunn, of Ind., called up a bill said Territory of Kansas, and every other law or usage “ To reorganize the Territory of Kansas and for having, or which is pretended to have, any force or effect other purposes,” which he had originally (July spirit of this act, except such laws of Congress and treaty 7th) proposed as a substitute for the Senate bill stipulations as relate to the Indians, are hereby repealed (No 356) aforesaid. Its length, and the substan- and declared void. tial identity of many of its provisions with these of other bills organizing Territories contained
Mr. Dunn, having carried a reference to the in this volume, dissuade us from quoting it Committee of the Whole, of a bill introduced entire. It provides for a legislative election on by Mr. Grow, repealing all the acts of the althe first Tuesday in November next; and sec- moved and carried å reconsideration of that
leged Territorial Legislature of Kansas, now tion 15 proceeds:
vote, and proceeded to the striking out of § 15. And be it further enacted, That all suits, pro- Mr. Grow's bill and the insertion of his own as cesses, and proceedings, civil and criminal, at law and
Wherein chancery, and all indictments and informations which a substitute. The motion prevailed. shall be pending and undetermined in the courts of the upon Mr. Dunn moved the previous question on shall take effect, shall remain in said courts where pend third time,
which prevailed Yeas, 92; Nays, 86 Territory of Kansas or of New-Mexico, when this act ordering this bill to be engrossed and read a such courts as though this act had not been passed : -and then the bill passed-Yeas, 88; Nays, 74. Provided, nevertheless, That all criminal prosecutions This bill was not acted on by the Senate. now pending in any of the courts of the Territory of Kan.
The House, in the course of its action on the sas imputing to any person or persons the crime of treason against the United States, and all criminal prosecu- several Annual Appropriation bills, affixed to tions, by information or indictment, against any person or several of them, respectively, provisos, abol. persons for any alleged violation or disregard whatever of ishing, repealing or suspending the various obKansas, shall
be forthwith dismissed by the courts where noxious acts of the Territorial Legislature ; but such prosecutions may be pending, and every person all these were resisted by the Senate and were
ultimately given up by th: House, save one | adoption of the Free State constitution as aforeappropriating $20,000 for the pay and expenses said, had been previously beaten, after prevailof the next Territorial Legislature, which the ing in the House—the Senate striking them out Senate gave up, on finding itself in serious dis- j and the House (by union of nearly all the supagreement with the House, and thus secured porters of Fillmore with nearly or quite all the passage of the Civil Appropriation bill. those supporting Buchanan) finally acquiescing: Finally, the two Houses were at odds, on a pro- The 34th Congress reassembled on the 1st of viso forbidding the employment of the Army to December. Since the adjournment from the enforce the acts of the Shawnee Mission assem- last session the presidential election had taken blage, claiming to be a Territorial Legislature place, resulting in the election of James of Kansas, when at noon on the 18th of Au- Buchanan as President. The popular vote gave gust the speaker's hammer fell, anouncing the neither of the three candidates a majority. In termination of the session, leaving the Army the Free States the election was hotly contested bill unpassed. But President Pierce imme- and a very large vote polled. In the Southern diately issued a proclamation convening an extra States the vote was small, as no issue was presession on the 21st (Thursday), when the two sented to the people, it being claimed by Houses reconvened accordingly,and a full quo- their respective partisans, that both the candirum of each was found to be present. The dates (Buchanan and Fillmore) voted for in House promptly repassed the army bill, again that section were equally Pro-Slavery. But the affixing a proviso forbiding the use of the army pro-slavery leaders had declared in favor of to enforce the disputed Territorial laws, which Buchanan, and he consequently received large proviso the Senate as promptly struck out, and majorities in nearly every Slave State. the House as promptly reinserted. The Senate On the first day of the session, Kansas affairs insisted on its disagreement, but asked no con- came up in the House on an objection to admit ference, and the House (Aug. 22d) by a close J. W. Whitfield to a seat as a delegate, the obvote decided to adhere to its proviso: Yeas, 97; jection being that the border ruffian laws under Nays, 93 ; but one of the yeas (Bocock of Va.) which he had been elected were - null and was so given in order to be able to move a re- void." consideration ; so that the true division was Mr. Grow spoke against admitting Whitfield, 96 to 94, which was the actual division on a and quoted from a speech of Mr. Clayton (a motion by Mr. Cobb of Ga. that the House re- short time before his decease) in the Senate. cede from its position. Finally, a motion to Mr. Clayton, in speaking of these laws, said: reconsider was made and laid on the table ;
Now, sir, let me allude to that subject which is the Yeas, 97; Nays, 96 ; and the House thereupon great cause of all this discord between the two Houses. adjourned.
The unjust, iniquitous, oppressive and infamous laws Aug. 23d.—The Senate also voted to ad- to be repealed before we adjourn."
enacted by the Kansas Legislature, as it is called, ought here: Yeas, 35; Nays, 9.
What are these laws? One of them sends a man to hard Mr. Clayton proposed a committee of Confer- labor for not less than two years for daring to discuss ence, to which Mr. Seward objected. No ac
the question whether Slavery exists, or does not exist,
in Kansas : not less than two years—it may be fifty ; and tion.
if a man could live as old as Methuselah, it might be In the House, Mr. Campbell
, of Ohio, proposed over nine hundred years. That act prohibits all freedom a similiar Committee of Conference. Objected ferred to the exclusive decision of the people in that
Territory; strikes down the liberty of the press too; and Mr. Cobb, of Ga., moved that the House re- is an act egregiously tyrannical as ever was attempted cede from its Kansas proviso. Defeated: Yeas, gland, and this Senate persists in declaring that we are
by any of the Stuarts, Tudors or Plantagenets of En97; Nays, 100. Adjourned.
not to repeal that! The ugg for the passage of the bill with Sir, let us tender to the House of Representatives the or without the proviso continued until Saturday, repeal of that and all other objectionable and infamous August 30th, when, several members, hostile this denunciation, without any hesitation, those acts to the proviso, and hitherto absent, unpaired, which prescribe that a man shall not even practice law having returned, the House again passed the in the Territory unless he swears to support the Fugitive Army bill with the proviso modified as follows: a member of the Legislature, unless he swears to support
Slave Law; that he shall not vote at any election, or be Provided, however, that no part of the military force the Fugitive Slave Law; that he shall not hold any office of the United States, for the support of which appro- of honor or trust there, unless he swears to support the priations are made by this act, shall be employed in aid Fugitive Slave Law; and you may as well impose just of the enforcement of any enactments heretofore made such a test oath for any other and every other law. . by the body claiming to be the Territorial Legislature I will not go through the whole catalogue of the oppres
sive laws of this Territory. I have done that before toThe bill passed as reported (under the Pre- day. There are others as bad as these to which I have
I will not, on the other hand, vious Question) : Yeas, 99; Nays, 79; and was ever degrade myself by standing for an instant by those sent to the Senate, where the above proviso abominable and infamous laws which I denounced was stricken out: Yeas, 26 ; Nays, 7; and the of the Unlted States shall wash its hands of all participa. bill thus returned to the House, when the Sen- tion in these iniquities by repealing those laws. ate's amendment was concurred in: Yeas, 101;
On Dec. 2nd, President Pierce sent his annual Nays, 97. So the proviso was beaten at last, and the bill message to the two Houses of Congress. In re
ferring to the late election, the President says: passed, with no restriction on the President's discretion in the use of the Army in Kansas ; which, by their recent political action, the people of the
It is impossible to misapprehend the great principles just as all attempts of the House to direct United States have sanctioned and announced. the President to have a nolle prosequi entered
They have asserted the Constitutional equality of each in the
case of the Free State prisoners in Kan- and all of the States of the Union as States; they have sas charged with aiding the formation and the citizens of the United States as citizens, whatever
their religion, wherever their birth, or their residence ; problems of social institutions, political economy, and they have maintained the inviolability of the constitu- statesmanship, they treat with unreasonable intempetional rights of the different sections of the Union; and rance of thought and language. Extremes beget exthey have proclaimed their devoted and unalterable at-tremes. Violent attack from the North finds its inevitable tachment to the Union and the Constitution, as objects consequence in the growth of a spirit of angry defiance at of interest superior to all subjects of local or sectional the South. Thus, in the progress of events, we had controversy, as the safeguard of the rights of all as the reached the consummation which the voice of the people spirit and true essence of the liberty, peace, and great has now so pointedly rebuked, of the attempt of a portion ness of the Republic.
of the States, by a sectional organization and movement, In doing this, they have, at the same time, emphati- to usurp the control of the Government of the United cally condemned the idea of organizing in these United States. States mere geographical parties ; of marshalling in hos- I confidently believe that the great body of those who tile array towards each other the different parts of the inconsiderately took this fatal step are sincerely attached country, North or South, East or West.
to the Constitution and the Union. They would, upon Schemes of this nature, fraught with incalculable mis- deliberation, shrink with unaffected horror from any con. chief, and which the considerate sense of the people has scious act of disunion or civil war. But they have rejected, could have had countenance in no part of the entered into a path which leads nowhere, unless it be to country, had they not been disguised by suggestions civil war and disunion, and which has no other possible plausible in appearance, acting upon an excited state of outlet. They have proceeded thus far in that direction the public mind, induced by causes temporary in their in consequence of the successive stages of their progress character, and it is to be hoped transient in their influ- having consisted of a series of secondary issues, each of
which professed to be confined within constitutional and Perfect liberty of association for political objects and peaceful limits, but which attempted indirectly what few the widest scope of discussion are the received and ordi- men were willing to do directly; that is, to act aggressively nary conditions of government in our country. Our in- against the constitutional rights of nearly one-half of the stitutions, framed in the spirit of confidence in the intel-thirty-one States. ligence and integrity of the people, do not forbid citizens, In the long series of acts of indirect aggression, the either individually or associated together, to attack by first was the strenuous agitation, by citizens of the writing, speech, or any other methods short of physical Northern States, in Congress and out of it, of the question force, the Constitution and the very existence of the of negro emancipation in the Southern States. Union. Under the shelter of this great liberty, and protected by the laws and usages of the government they
In reference to the repeal of the Missouri assail
, associations have been formed in some of the Compromise, and the legislative power of ConStates, of individuals who, pretending to seek only to gress over the Territories, the President says : prevent the spread of the institution of Slavery into the present or future inchoate States of the Union, are really graphical line, was acquiesced in, rather than approved,
The enactment which established the restrictive geoinflamed with desire to change the domestic institutions by the States of the Union. It stood on the statute-book, of existing States. To accomplish their objects, they however, for a number of years; and the people of the dedicate themselves to the odious task of depreciating respective States acquiesced in the reënactment of the the Government organization which stands in their way, principle as applied to the State of Texas; and it was and of calumniating, with indiscriminating invective, not only the citizens of particular States, with whose laws proposed to acquiesce in its further application to the they find fault, but all others of their fellow-citizens territory acquired by the United States from Mexico. throughout the country, who do not participate with but this proposition was successfully resisted by the rethem in their assaults upon the Constitution, framed and presentatives from
the Northern States, who, regardless adopted by our fathers, and claiming for the privileges new territory generally, whether lying north or south of
of the statute line, insisted upon applying restriction to the it has secured, and the blessings it has conferred, the steady support and grateful reverence of their children. it, thereby repealing it as a legislative compromise, and, They seek an object which they well know to be a revo
on the part of the North, persistently violating the com
pact, if compact there was. lutionary one. They are perfectly aware that the change in the relative condition of the white and black races in in any sense, whether as respects the North or the South;
Thereupon, this enactment ceased to have binding virtue the slaveholding States, which they would promote, beyond their lawful authority; that to them it is a for: and so in effect it was treated on the occasion of the ad
mission of the State of California, and the organization eign object; that it cannot be effected by any peaceful of the Territories of New Mexico, Utah and Washington. instrumentality of theirs ; that for them, and the States of which they are citizens, the only path to its accom- arrived for the organization of the Territories of Kansas
Such was the state of this question when the time plishment is through burning cities, and ravaged fields, and Nebraska. In the progress of constitutional inquiry and slaughtered populations, and all there is most terri- and reflection, it had now at length come to be seen ble in foreign, complicated with civil and servile war; clearly that Congress does not possess constitutional and that the irst step in the attempt is the forcible dis- power to impose restrictions of this character upon any ruption of a country embracing in its broad bosom a present or future State of the Union. In a long series of degree of liberty, and an amount of individual and pub- decisions, on the fullest argument, and after the most lic prosperity to which there is no parallel in history, deliberate consideration, the Supreme Court of the United and substituting in its place hostile governments, driven States had finally determined this point in every form at once and inevitably into mutual devastation and under which the question could arise, whether as affecting fratricidal carnage, transforming the now peaceful and public or private riglits--in questions of the public dofelicitous brotherhood into a vast permanent camp of main, of religion, of navigation, and of servitude. armed men, like the rival monarchies of Europe and
The several States of the Union are, by force of the Asia. Well knowing that such, and such only, are the Constitution, coequal in domestic legislative power. Con. means and the consequences of their plans and purposes, gress cannot change a law of domestic relation in the they endeavor to prepare the people of the United State of Maine: no more can it in the State of Missouri. States for civil war by doing everything in their power Any statute which proposes to do this is a mere nullity ; to deprive the Constitution and the laws of moral it takes away no right, it confers none. If it remains on authority, and to undermine the fabric of the Union by the statute-book unrepealed, it remains there only as a appeals to passion and sectional prejudice, by indoctrin-monument of error, and a beacon of warning to the ating its people with reciprocal hatred, and by educat- legislator and the statesman. To repeal it will be only to ing them to stand face to face as enemies, rather than reinove imperfection from the statutes, without affecting, shoulder to shoulder as friends.
either in the sense of permission or of prohibition, the It is by the agency of such unwarrantable interference, action of the States, or of their citizens. foreign and domestic, that the minds of many, otherwise Still, when the nominal restriction of this nature, good citizens, have been so inflamed into the passionate already a dead letter in law, was in terms repealed by condemnation of the domestic institutions of the Southern the last Congress, in a clause of the act organizing the States, as at length to pass insensibly to almost equally Territories of Kansas and Nebraska, that repeal was made passionate hostility toward their fellow-citizens of those the occasion of a wide spread and dangerous agitation. States, and thus, finally, to fall into the temporary fel- It was alleged that the original enactinent being a lowship with the avowed and active enemies of the Cono compact of perpetual moral obligation, its repeal constitution. Ardently attached to liberty in the abstract, stituted an odious breach of faith. they do not stop to consider practically how the objects they would attain can be accomplished, nor to reflect On the motion to print the Message and acthat, even if the evil were as great as they deem it, they companying documents, Mr. Hale, of N. H., have no remedy to apply, and that it can be only aggravated by their violence and unconstitutional action. A
said : question which is one of the most difficult of all the I look on the message of the President as a most un.