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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 State, 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 Verlof New-York.-Yeas : Bayard Clarke, of New. mont, 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. coed to apportion, during the month of Septem-1 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. I ordered : Yeas, 99; Nays, 96; a motion by
To this substitute-bill, Mr. Dunn, of Indiapa, Mr. McQueen, of South Carolina, to lay the bill proposed the following amendment, 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,
99; Nays, 97. Sec. 18. And be it further enacted, That so much of the fourteenth section and of the thirty-second section of Mr. Grow, of Pennsylvania, moved the recon. the 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 per. reads 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, 182"), which, being inconsistent with June 30th.-Mr. Douglas reported to the the principle of non-intervention by Congress with
te on sev Slavery in the States and Territories, as recognized by Clauton Tombs and others. for the pacifica, the legislation of 1850, commonly called the Compromise Measures, is hereby declared inoperative and void; ittion 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 Slàvery into any State or Territory, or to exclude it
Kansas as a Free State, under her Topeka Con. therefrom, 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
pungent counter-report. Mr. Douglas gave be construed to revive or put in force any law or regula. 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 said act shall be discharged from such service, if they shall 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
12. If any format persons have into this Territory any dente
ophle hold of fel of not
opphold ans, pilis
participated. Au amendment moved by Mr. patrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa,
| Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Adams, 01 MISS., the day perore, surikms out so I Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Adams, of Miss., the day before, striking out so much of the bill as secures the Right of Suf- Wright, and Yulee_36. frage, in the proposed reorganization of Kansas, i
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 in. all allegiance to foreign governments, was habitants of said Territory shall proceed to hold a Con. adopted: Yeas, 22; Nays, 16.
vention to form a State Constitution according to the pro. Some time in the morning of July 3d, the fol
visions of this act, and so long as said Territory remains
& 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 coo. the bill only Brown, of Miss., Fitzpatrick, oftaining the laws of Kansas, be, and the same are hereby,
declared to be utterly null and void, viz. : Ala., and Mason, of Va., voting against it:
"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
in this Territory, or shall introduce into this Territory any book, No law shall be made or have force or effect in said
paper, magazine, pamphlet, or circular, containing any dentel 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 im. legislative 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
"$ 13. No person who is conscientiously opposed to hold
ing slaves, or who does not admit the right to hold slaves in serve as a juror, or vote at an election, or which shall
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 shall restrain or prohibit the free discussion of any law
This was rejected [as superfluous, or covered or subject of legislation in the said Territory, or the f.ee expression of opinion thereon by the people of said Tei- by a former amendnient,] as follows: ritory.
YEA8.-Messrs. Allen, Bell of New Hampshire, Clay. Mr Trumbull of Ulmoved the following: ton, Collaner, Durkee, Fessenden, Foot, Foster, Hale,
| Sewart, Trumbull, Wade, and Wilson-13. And be it further enacted, That it was the true in
| NAY. -Messrs. Bayard, Benjamin, Biggs, Bigler, tent and meaning of the "ac: to organize the Territories
Bright, Bodhead, Brown, Cass, Clay, Dodge, Douglas, I of Nebraska and Kansas," not to legislate Slavery into
| Evaus, Fitzpairick, Geyer, Hunter, Iverson, Johnson, Kansas, nor to exclude it therefrom, but to leave the
Jones of Iowa, Mallory, Mason, Pratt, Pugh, Reid, Sebas. people thereof perfectly free through their Territorial
tian, Slidell, Stuart, Thompson of Kentucky, Toombs, Legislature to regulate the institution of Slavery in their
Toucey, Weller, Wright, and Yulee-32. own way, subject to the Constitution of the United States; and that, until the Territorial Legislature acts
erritorial 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 Kausas. 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, Legislative Assembly of said Territory, under which he 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
a Free State, under the Topeka Constitution : as follows: YEAS.-Messrs. Durkee, Fessenden, Funt, Foster, Hale
Defeated-Yeas, 11 ; Nays, 36—as follows: Seward, Trumbull, Wade, and Wilson-9...
1 YEAS.-Messrs. Bell of New Hampshire, Collamer NAYS.-Messrs. Adams, Allen, Bayard, Bell of Ten- | Durkve, Fessenden, Foot, Foster, Hale, Seward, Trumbull, nessee, Benjamin, Biggs, Bigler, Bright, Brodhead, I Wade, anu 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, I 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,
| Wright, and Yulee-36. Nebraska act
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.
time; and, on the question of its final passage, · This, too, was voted down. Mr. Trumbull
the vote stood-Yeas, 33; Nays, 12--as follows: 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 Ken. for the government of said ferritory, 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, Collainer, any office, or exercise any authority or jurisdiction in Dodge, Durkee, Fessenden, Foot, Foster, Hale, Seward, sajd 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.
purpose of electing delegates to form a State NAYS.-Messrs. Adams, Allen, Bayard, Bell of Tennessee. Benjamin. Biggs, Bigler. Bright. Brodhead, Brown. Constitution ; 10 imposes penalties for using Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitz- | force or threats to influence any qualified voier
Dodge, Durbessrs. Bell of N-Wright, and Yulee
in giving his vote, or to deter bim from going who may be restrained of his liberty by reason of said
prosecutions, shall be released tserefrom without delay. to the polls; the delegates elected under this
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 byl of said Territory, against any person or persons for any vote whether it is expedient to form a State vote whether it is eredient te forme Store such charge of treason in said Territory prior to the pas.
sage of this act, or any violation or disregard of said Constitution and Government, and if it is Legislative enactments at any time.' decided to be expedient, to proceed 'form al 8 23 grants to every actual settler a right of Constitution and Government for the State of
preëmption to the quarter-section of public Kansas, with the boundaries defined in this act. and im
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
The two last and most important sections or session terminated by adjournment, Monday, Mr Dunn's bill are verbatiin as follows: Aug. 18th.
24. And be it further enacted, That so much of the July 8th.-In Senate, Mr. Douglas reported fourteenth section, and also so much of the thirty-second back from the Committee on Territories the section, of the act passed at the first session of the thirty. House bill to admit Kansas as a State, with an third Congress,commonly known as the Kansas-Nebraska
act, as reads as follows, to wit; “Except the eighth secamendment 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.
gress with Slavery in the States and Territories as recog. Mr. Hale, of N. H., moved to amend this
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,
nor to exclude it therefrom, but to leave the people there. of the institutions of Kansas. Lost: Yeas, 13; 1 of perfectly free to form and regulate their domestic inNays, 32.
stitutions in their own way, subject only to the ConstiMr. Trumbull, of Ill., moved that all the Terri
tution of the United States : Provided, That nothing
herein contained shall be construed to revive or put in torial laws of Kansas be repealed and the Terri
force any law or regulation which may have existed 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
same is hereby repealed, and the said eighth section of Mr. Collamer, of Vt., proposed an amendment,
said act of the 6th of March, 1820, is hereby revived and 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
ever, That any person lawfully held to service in either
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
eighth section, if such person shall be permanently reYeas-Messrs. Bell of N. H., Collamer, Dodge, Fes
moved from such Territory or Territories prior to the 1st senden, 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--Mesers. 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, Welier, passed: And prorided further, That any person law. and Yulee.
fully held to service in any other State or Territory of the The substitute reported by Mr. Douglas was
United States, and escaping into either the Territory of
Kansas or Nebraska, may be reclaimed and removed to then agreed to-Yeas, 32; Nays, 13—and the
the 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
25. And be it further enacted, That all other parts of ever acted on by the House.)
the aforesaid Kangas-Nebraska act which relate to the
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
in said Territory in conflict with the provisions or the
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
Mr. Dunn, having carried a reference to the of other bills organizing Territories contained in this volume, dissuade us from
Committee of the Whole, of a bill introduced
quoting it entire.
by Mr. Grow, repealing all the acts of the al. It provides for a legislative election on
leged Territorial Legislature of Kansas, now the first Tuesday in November next; and sec
moved and carried a reconsideration of that 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
a substitute. The motion prevailed. Wherein chancery, and all indictments and informations which shall be pending and undetermined in the courts of the upon Mr. Dunn moved the previous question on Territory of Kansas or of New-Mexico, when this act ordering this bill to be engrossed and read a shall take effect, shall remain in said courts where pend
third ti ing, to be heard, tried, prosecuted, and determined in guch courts as though this act had not been passed :
1-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 inputing 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 ofishing, repealing or suspending the various obwhat are usually known as the laws of the Legislature of Kansas, shall be forthwith dismissed by the courts where noxious acts of the Territorial Legislature : but Suct 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 afore. appropriating $20,000 for the pay and expenses said, had been previously beaten, after prevail. of the nest Territorial Legislature, which the ing in the House-be Senate striking them out Senate gave up, on finding itself in serious dis- and the House (by union of nearly all the supagreement with the House, and thus secured porters of Fillmore with Dearly or quite all the passage of the Civil ' Appropriation bill. ibose 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 candle rum 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 a ffixing 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- caine 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; 1 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 wbich is the
AS, 11 Ways, 96 ; and the House thereupon great cause of all this discord between the two Houses. adjourned.
The unjust, iniquitous, oppressire and infamous laws
enacted by the Kansas Legislature, as it is called, ought Aug. 23d.-The Senate also voted to ad
to be repealed before we adjourn." . . .. . bere : Yeas, 35; Nays, 9.
What are these laws? One of them sends a man to baru 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 Obio, proposed over nine hundred years. That act prohibits all freedo a similiar Committee of Conference. Objected
of discussion in Kansas on the great subject directly
ferred to the exclusive decision of the people in to.
| Territory ; strikes down the liberty of the press too; Mr. Cobb, of Ga., moved that the House re- is an aci egregiously tyrannical as ever was attempt cede from its Kansas proviso. Defeated: Yeas,
by any of the Stuarts, Tudors or Plantagenets of bode
gland, and this Senate persists in declaring that we are 97 ; Nays, 100. Adjourned.
not to repeal that! The struggle for the passage of the bill with | Sir, let us tender to the House of Representatives the or without the proviso continued until Saturday,
e repeal of that and all other objectionable and intamu
laws that were passed by that Legislature. 1 inciu August 30th, when, several members, hostile this denunciation, without any hesitation, th to the proviso, and hitherto absent, unpaired, which prescribe that a man shall not even pract having returned, the House again passed the
in the Territory unless he swears to support the "
Slave Law: that he shall not vote at any election, Army bill with the proviso modified as follows:
a member of the Legislature, unless he swears to sup!
old any office Provided, however, that no part of the military force the Fugitive Slave Law; that he shall not hold any of the United States, for the support of which appro of honor or trust there, unless he swears to suppor priations are made by this act, shall be employed in aid | Fugitive Slave Law; and you may as well impos of the enforcement of any enactments heretofore made such a test oath for any other and every other la by the body claiming to be the Territorial Legislature I will not go through the whole catalogue of the of Kansas.
sive laws of this Territory. I have done that ber
day. There are others as bad as these to which The bill passed as reported (under the Pre
now referred. . . . . I will not, on the other name vious Question): Yeas, 99; Nays, 79; and was ever degrade myself by standing for an instant Dy sent to the Senate, where the above proviso
abominable and in fumow laws which I den was stricken out : Yeas, 26 ; Nays, 7; and the
here this morning. What I desire now is, that the
of the Unlted States shall wash its hands of all partop 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.
message to the two Houses of Congress. I So the proviso was beaten at last, and the bill
ferring to the late election, the President sayo. passed, with no restriction on the President's discretion in the use of the Army in Kansas ; ) which, by their recent political action, the peop
It is impossible to misapprehend the great princ just as all attempts of the House to direct United States have sanctioned and announced.. the President to have a nolle prosegui entered. They have asserted the Constitutional equancy in the case of the Free State prisoners in Kan
and all of the States of the Union as States; the
affirmed the constitutional equality of each an sas charged with aiding the formation and the citizens of the United States as citizens, wbar
erery otheimpose just
lon, the people of the
onal equality of each S States; they hari or each and all of
their religion, wherever their birth, or their residence : 1 problems of social institutions, political economy, and they have maintained the inviolability of the constitu-statesmanship, they treat with unreasonable intempo tional rights of the different sections of the Union; and rance of thought and language. Extremnes 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 80 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 organizink 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 conchiet, 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 nownere, un 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 ence.
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 Dary conditions of government in our country. Our in against the constitutional rights of nearly one-half of tho stitutions, framed in the spirit of confidence in the intel- | thirty-one States. ligence and integrity of the people, do not forbid citizens, 1 In the long series of acts of indirect aggression, the
in the long series of acts of uither 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 pro- In reference to the repeal of the Missouri tected by the laws and usages of the government they assail, associations have been formed in some of the
Compromise, and the legislative power of ConStates, of individuals who, pretending to seek only to
ne Territ prevent the spread of the institution of Slavery into the
The enactment which established the restrictive geopresent or future inchoate States of the Union, are really
graphical line, was acquiesced in, rather than approved, inflamed 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 the Government organization which stands in their way,
respective States acquiesced in the reënactment of the
principle as applied to the State of Texas; and it was and of calumniating, with indiscriminating invective, not
proposed to acquiesce in its further application to the only the citizens of particular States, with whose laws
territory acquired by the United States from Mexico, they find fault, but all others of their fellow-citizens throughout the country, who do not participate with
But this proposition was successfully resisted by the re
presentatives from the Northern States, who, regardless them in their assaults upon the Constitution, framed and
of the statute line, insisted upon applying restriction to the adopted by our fathers, and claiming for the privileges
new territory generally, whether lying north or south of It has secured, and the blessings it has conferred, the
it, thereby repealing it as a legislative compromise, and, steady support and grateful reverence of their children.
on the part of the North, persistently violating the comThey seek an object which they well know to be a revo
pact, if compact there was. tutionary one. They are perfectly aware that the change
Thereupon, this enactment ceased to have binding virtue in the relative condition of the white and black races in
in any sense, whether as respects the North or the South; the slaveholding States, which they would promote, is
and so in effect it was treated on the occasion of the ad. beyond their lawful authority : that to them it is a for
mission of the State of California, and the organisation eiga 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
Such was the state of this question when the time of which they are citizens, the only path to its accom
arrived for the organization of the Territories of Kansas 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 first 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 al
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 arguinent, and after the most lic prosperity to which there is no parallel in history, I 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 Tratricidal carnage, transforming the now peaceful and
public or private rights-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. Oonmeans and the consequences of their plans and purposes, I 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 confere 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 ug 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
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 enactment being & lowship with the avowed and active enemies of the Con- compact of perpetual moral obligation, its repeal con. sutation, Ardently attached to liberty in the abstract, I stituted an odious breach of faith . Key do not stop to consider practically how the objects They would attain can be accomplished, nor to reflect that, even if the evil were as great as they deem it, they pate 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 thel I look on the message of the President as a most up.