Abbildungen der Seite
PDF
EPUB

quer se of the invasion filed in the Territory in conse was spoken of in the presenear Lawrence. The rescue

legislative assembly. Andrew H. Reeder was put in had attended the meeting. Your Committee have nomination as Territorial delegate to Congress, and an deemed it proper to detail the particulars of this rescue, election was provided for under the regulations pre- as it was made the groundwork of what is known as the scribed for the election of March 30, 1855, excepting as Wakerusa War. On the same night of the rescue, the to the appointment of officers, and the persons to whom cabins of Coleman and Buckley were burned, but by the returns of the elections should be made. The elec-| whom, is left in dubt by the testimony. tion was held in accordance with these regulations, and on the morning of the rescue of Branson, Jones was A. H. Reeder received 2,827 votes.

at the village of Franklin, near Lawrence. The rescue The resolutions passed by this convention indicate the was spoken of in the presence of Jones, and more con

| versation passed between two others in his presence, as quer se of the invasion from Missouri, and the enact, to whether it was most proper to send for assistance to ments of the alleged legislative assembly. The language Col, Boone, in Missouri, or to Gov. Shannon, Jones of some of the resolutions is violent, and can only be wrote a dispatch and handed it to a messenger. As soon justified either in consequence of the attempt to enforce as he started, Jones said: “That man is taking my che grossest acts of tyranny, or for the purpose of guard. dispatch to Missouri, and by G-d I'll have revenge ing against a similar invasion in future.

before I see Missouri." A person present, who was In the fall of 1855, there sprang out of the existing examined as a witness, complained publicly that the disconds and excitement in the Territory, two secret dispatch was not sent to the Governor; and within half Free-state societies. They were defensive in their cha an hour one was sent to the Governor by Jones, through racter, and were designed to form a protection to their | Hargous. Within a few days, large numbers of men members against uplawful acts of violence and assault. from the State of Missouri gathered and encamped on One of the societies was purely of a local character, and the Wakerusa. They brought with them all the equipwas confined to the town of Lawrence. Very shortly ments of war. To obtain them, a party of men under after its organization, it produced its desired effect, and the direction of Judge T. V. Thompson broke into the thien went out of use and ceased to exist. Both societies United States arsenal and armory at Liberty, Missouri, were cumbersome, and of no utility except to give con- and after a forcible detention of Captain Leonard (then fidence to the Free-State men, and enable them to know | in charge). they took the cannon, muskets, rifles, powder, and aid each other in contemplated danger. So far as harness, and indeed all the materials and munitions of the evidence shows, they led to no act of violence in war they desired, some of which have never been resistance to either real or alleged laws.

returned or accounted for. On the 21st day of November, 1855, F. M. Coleman, a The chief hostility of this military foray was against Pro-Slavery man, and Charles' w. Dow, a Free-State the town of Lawrence, and this was especially the case man, had a dispute about the division line between their with the officers of the law. respective claims. Several hours afterward, as Dow was Your Committee can see in the testimony no reason, passing from a blacksmith shop toward his claim, and excuse, or palliation for this feeling. Up to this time, no by the cabin of Coleman, the latter shot Dow with a warrant or proclamation of any kind had been in the double-barreled gun loaded with slugs. Dow was unhands of any officer against any citizen of Lawrence. armed. He fell across the road and died immediately. No arrest had been attempted, and no writ resisted in This was about 1 o'clock, PM. His dead body was al. that town. The rescue of Branson sprang out of a lowed to lie where it fell until after sundown, when it was murder committed thirteen miles from Lawrence, in a conveyed by Jacob Branson to his house, at which Dow detached settlement, and neither the town nor its boarded. The testimony in regard to this homicide is citizens extended any protection to Branson's rescuers. voluminous, and shows clearly that it was a deliberate On the contrary, two or three days after the rescue, S. murder by Coleman, and that Harrison Bulkley and a N. Wood, who claimed publicly to be one of the rescuing Mr. Hargous were accessories to it. The excitement party, wished to be arrested for the purpose of testing caused by it was very great among all classes of the the Territorial laws, and walked up to Sheriff Jones and settlers. On the 26th, a large meeting of citizens was shook hands with him, and exchanged other courtesies. held at the place where the murder was committed, and He could have been arrested without difficulty, and it resolutions passed that Coleman should be brought to was his design, when he went to Mr. Jones, to be arjustice. In the meantime, Coleman had gone to Missouri, rested ; but no attempt was made to do so. and then to Gov. Shannon, at Shawnee Mission, in It is obvious that the only cause of this hostility is the Johnson County. He was there taken into custody by known desire of the citizens of Lawrence to make Kansas S. J. Jones, then acting as Sheriff. No warrant was issued a Free State, and their repugnance to laws imposed upon or examination had. On the day of the meeting at Hickory them by non-residents. Point, Harrison Bradley procured a peace warrant | Your Committee do not propose to detail the incidents against Jacob Branson, which was placed in the hands I connected with this foray. Fortunately for the peace of of Jones. That same evening, after Branson had gone the country, a direct conflict between the opposing to bed, Jones came to his cabin with a party of about forces was avoided by an amicable arrangement. The 25 persons, among whom were Hargous and Buckley- losses sustained by the settlers in property taken and burst open the door, and saw Branson in bed. He then time and money expended in their own defense, added drew his pistol, cocked it, and presented it to Branson's much to the trials incident to a new settlement. Many breast, and said, “You are my prisoner, and if you persons were unlawfully taken and detained, in some move I will blow you through." The others cocked their cases, under circumstances of gross cruelty. This was guns and gathered round him, and took him prisoner. especially so in the arrest and treatment of Dr. G. A. They all mounted and went to Buckley's house. After Cutter and G. F. Warren. They were taken, without a time, they went on a circuitous route toward Blanton s cause or warrant, sixty miles from Lawrence, and when Bridge, stopping to “drink" on the way. As they ap Dr. Cutter was quite sick. They were compelled to go proached the bridge, there were thirteen in the party, to the camp at Lawrence, were put into the custody of several having stopped. Jones rode up to the prisoner / “Sherity Jones," who had no process to arrest themand, among other things, told him that he had "heard they were taken into a small room kept as a liquor shop, there were one hundred men at your house to-day," and which was open and very cold. That night, Jones came “ that he regretted they were not there, and that they in with others, and went to "playing poker at twenty. were cheated out of their sport." In the meantime, the five cents ante." The prisoners were obliged to sit up aların had been given in the neighborhood of Branson's all night, as there was no room to lie down, when the arrest, and several of the settlers, among whom were men were playing. Jones insulted them frequently, and some who had attended the meeting at Hickory Point told one of them he must either "tell or swing." The that day, gathered together. They were greatly excited; / guard then objected to this treatment of prisoners, and the alleged injustice of such an arrest of a quiet settler, Jones desisted... under a peace warrant by "Sheriff Jones," aided by two l While we remained in the Territory, repeated acts of men believed to be accessory to a murder, and who were outrage were committed upon the quiet, unoffending citi. allowed to be at large, exasperated them, and they pro- zens, of which we received authentic intelligence. Men ceeded as rapidly as possible by a nearer route than were attacked on the highway, robbed, and subsequently that taken by Jones, and stopped near the house of J, S. imprisoned. Men were seized and searched, and their Abbott, one of them. They were on foot as Jones's weapons of defense taken from them without compensaparty approached on a canter. The rescuers suddenly tion. Horses were frequently taken and appropriated. formed across the road in front of Jones and his party. Oxen were taken from the yoke while plowing, and butchJones halted, and asked, "What's up?" The reply was, Iered in the presence of their owners. One young man “ That's what we want to know. What's up?" Branson was seized in the streets of the town of Atchison, and, unsaid, “They have got me a prisoner." Some one in the der circumstances of gross barbarity, was tarred and cot rescuing party told him to come over to their side. He toned, and in that condition was sent to his family. All did so, and dismounted, and the mule he rode was driven the provisions of the Constitution of the United States, seover to Jones's party ; Jones then left. Of the persons curing persons and property, are utterly disregarded. The engaged in this rescue, three were from Lawrence, and officers of the law, instead of protecting the people, were

[ocr errors]

and material; claimed to be, pro

Your Committhe

in some instances engaged in these outrages, and in no in- mine on his peril, we declined to give him any protection stance did we learn that any man was arrested, indicted, I or take any action in the matter. He refused to obey the or punished for any of these crimes. While such offenses writ, believing it to be a mere pretense to get the custody were committed with impunity, the laws were used as e of his person, and fearing, as he alleged, that he would be means of indicting men for holding elections, preliminary assassinated by lawless bands of men then gathering in to framing a Constitution and applying for admission into and near Lecompton. He then left the Territory, the Union as the State of Kansas. Charges of high trea Subsequently, H. Miles Moore, an attorney in Leaven. son were made against prominent citizens upon grounds worth City, but for several years a citizen of Weston, Mo., which seem to your Committee absurd and ridiculous, and kindly furnished the Committee information as to the resiunder these charges they are now held in custody and are dence of persons voting at the elections, and in some cases refused the privilege of bail. In several cases, men were examined witnesses before us. He was arrested on the arrested in the State of Missouri, while passing on their streets of that town by an armed band of about thirty lawful business through that State, and detained until in- men, headed by W. D. Wilkes, without any color of audictments could be found in the Territory,

thority, confined, with other citizens, under a military These proceedings were followed by an offense of still guard for twenty-four hours, and then notified to leave the greater magnitude. Under color of legal process, a com- Territory. His testimony was regarded as important, and pany of about 700 armed men, the great body of whom, upon his sworn statement that it would endanger his per. your Committee are satisfied, were not citizens of the Ter son to give it openly, the majority of your Committee ritory, marched into the town of Lawrence, under Mar- deemed it proper to examine him ex-parte, and did so. shal Donaldson and S. J. Jones, officers claiming to act By reason of these occurrences, the contestant and the under the law, and bombarded and then burned to the party with and for whom he acted, were unrepresented beground a valuable hotel and one private house; destroyed fore us during a greater portion of the time, and your two printing presses and material; and then, being re- Committee were required to ascertain the truth in the best leased by the officers, whose posse they claimed to be, pro-manner they could ceeded to sack, pillage, and rob houses, stores, trunks, etc., Your Committee report the following facts and conclu. even to the clothing of women and children. Some of the sions as established by the testimony: letters thus unlawfully taken were private ones, written by First. That each election in the Territory, held under the contesting Delegate, and they were offered in evidence. the organic or alleged Territorial law, has been carried by Your Committee did not deem that the persons holding organized invasions from the State of Missouri, by which them had any right thus to use them, and refused to be the people of the Territory have been prevented from made the instruments to report private letters thus ob- exercising the rights secured to them by the organic tained.

law. This force was not resisted, because it was collected and Second. That the alleged Territorial Legislature was marshaled under the forms of law. But this act of bar- an illegally-constituted body, and had no power to pass barity, unexampled in the history of our Government, was valid laws, and their enactments are, therefore, null and followed by its natural consequences. All the restraints void. which American citizens are accustomed to pay even to Third. That these alleged laws have not, as a general the appearance of law, were thrown off; one act of vio- thing, been used to protect persons and property and to lence led to another; homicides became frequent. A punish wrong, but for unlawful purposes. party under H. C. Pate, composed chiefly of citizens of Fourth. That the election under which the sitting DeleBlissouri, were taken prisoners by a party of settlers; and gate, John W. Whitfield, holds his keat, was not held in while your Committee were at Westport, a company chiefly pursuance of any valid law, and that it should be regarded of Missourians, accompanied by the acting Delegate, went only as the expression of the choice of those resident citi. to relieve Pate and his party, and a collision was preventedzens who voted for him. by the United States troops. Civil war has seemed im- Fifth. That the election under which the contesting pending in the Territory. Nothing can prevent so great a Delegate, Andrew H, Reeder, claims his seat, was not held calamity but the presence of a large force of United States in pursuance of law, and that it should be regarded only troops, under a commander who will with prudence and as the expression of the choice of the resident citizens who discretion quiet the excited passions of both parties, and expel with force the armed bands of lawless men coming Sixth, That Andrew H. Reeder received a greater numfrom Missouri and elsewhere, who with criminal pertina- ber of votes of resident citizens than John W. Whitfield, city infest that Territory.

for Delegate. In some cases, and as to one entire election district, the Seventh. That in the present condition of the Territory. condition of the country prevented the attendance of a fair election cannot be held without a new census, a witnesses, who were either arrested or detained while obey- stringent and well-guarded election law, the selection of ing our process, or deterred from so doing. The Sergeant- impartial Judges, and the presence of United States troops at-Arms, who served the process upon them, was himself | at every place of election. arrested or detained for a short time by an armed force, Eighth. That the various elections held by the people claiming to be a part of the posse of the Marshal, but of the Territory preliminary to the formation of the State was allowed to proceed upon an examination of his pa- Government have been as regular as the disturbed condipers, and was furnished with a pass, signed by “ Warrention of the Territory would allow; and that the ConstituD. Wilkes, of South Carolina." John Upton, another offi- tion passed by the Convention, held in pursuance of said cer of the Committee, was subsequently stopped by a law-elections, embodies the will of a majority of the people. less force on the borders of the Territory, and after being As it is not the province of your Committee to sugges: detained and treated with great indignity, was released. remedies for the existing troubles in the Territory of KanHe also was furnished with a pass signed by two citizens sas, they content themselves with the foregoing statement of Missouri, and addressed to “Pro-Slavery men." By of facts. reason of these disturbances, we were delayed in Westport, All of which is respectfully submitted. 80 that while in session there, our time was but partially

WM, A. HOWARD, occupied.

JOHN SHERMAN. But the obstruction which created the most serious embarrassment to your Committee, was the attempted arrest of Gov. Reeder, the contesting Delegate, upon a writ of The Free State Constitution framed at Toattachment issued against him by Judge Lecompte, to compel his attendance as a witness before the Grand 'Jury of peka for Kansas, by the Convention called by Douglas County. William Fane, recently from the State of Georgia, and claiming to be the Deputy Marshal, came going documents,) was in due season submitted into the room of the Committee, while Gov. Reeder was

to Congress-Messrs. Andrew H. Reeder (the examining a witness before us, and producing the writ required Gov. Reeder to attend him. Subsequent events Free-State Territorial delegate) and James H. have only strengthened the conviction of your Committee, Lane having been chosen by the first Freo-State that this was a wanton and unlawful interference by the

Legislature, Senators of the United States, and Judge who issued the writ, tending greatly to obstruct a full and fair investigation. Gov. Reeder and Gen. Whitfield Mr. M. W. Delahay elected Representative in the alone were fully possessed of that local information which House, by the Free State men of Kansas. would enable us to elicit the whole truth, and it was obvi- I Of course, these were not entitled to their seats cus to every one that any event which would separate either of them from the Committee, would necessarily hin- until the aforesaid instrument (known as the der, delay, and embarrass it. Gov. Reeder claimed that, Topeka Constitution ") should be accepted by ander the circumstances in which he was placed, he was Congress, and the State thereupon admitted privileged from arrest except for treason, felony, or breach of the peace. As this was a question of privilege, proper

proper into the Union. This Constitution, being form. for the Courts, or for the privileged person alone to deter-| ally presented in either House, was received and

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; Naye, 107; (Barclay of Pennsyl. Hamlin 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 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 Obio, 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, 1 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 urder such Constitution, as a Free State ; and which the Free-Kansas bill bad 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, i01 ; 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; a 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,

99; Nays. 97. SEC. 18. And be it further onacted, 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 Senate on several bills submitted by Messrs. Slavery in the States and Territories, as recognized by

ifica. the legislation of 1550, commonly called the Compromise Measures, 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.

t G late Blavery into ary 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 regulation 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

ebyre. 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 A., Bigler of Pa., Adams of said act shall be discharged from such service, if they shall Miss., and Crittenden of Ky. Dot 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

admit

act."

oved the

[ocr errors]
[ocr errors]

W

participato 1. Au amendment nioved by Mr. ) patrick, Geyer, Hunter, Iverson, Johnson, Jones of lows, Adams, of Miss., the day before, striking out so! Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell,

Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, much of the bill as secures the Right of Suf- Wrighi, and Yulee-36. frage, in the proposed reorganization of Kansas, I

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 in. all 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 provisions of this act, and so long as said Territory remains

« Territory, the following sections contained in chapter lowing amendinent, 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, 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:

"812. If any free person, by speaking or by writing, 89. Yeas, 40. It provides that

gert 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 etfect in said

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

"$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 free expression of opinion thereon by the people of said Ter-by a former amendment, ] as follows: ritory.

Yeas.-Messrs. Allen, Bell of New Hampshire, Clay. Mr. Trum

ton, Collamer, Durkee, Fessenden, Foot, Foster, Hale,

Seward, Trumbull, Wade, and Wilson-i8. And be it further enacted, that it was the true in

I NAYS.Messrs. Bayard, Benjamin, Biggs, Bigler, tent and meaning of the ac: to organize the Territories

Bright, Brodhead, Brown, Cass, Clay, Dodge, Douglas, 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, 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 Yulet-32. own way, subject to the Constitution of the United States; and that, until the Territorial Legislature acts

t 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;

ve instead, repealing all the Territorial laws of but every slave taken to the Territory of Kansas by his Kunsas. owner for purposes of settlement is hereby declared to be! Rejected: Yeas, 8, (Bell, of New Hampshire, 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, 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, Benjimin, Biggs, Bigler, Bright, Brodhead, Wade, and Wilson-11, Brown, Cass, Olay, Crittenden, Dodge, Douglas, Evans, NAYS.-Messrs. Allen, Bayard, Bell of Tennessee, BenFitzpatrick, 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, aud 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 inrough its Territorial Legislature, io 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 i: said Territory of Kansas, and claiming to be a Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Pratt, Legislative Assembly thereof, with authority to p:88 laws Pugh, Reid, Sebastian, Slidell, Stuart, Thoinpson of Ken. for the g Verument of saidi ferritory, are hereby declared tucky, Toombs, Toucey, Weller, Wright, and Yulee 33. to be unerly null and void. And no person shall hold

Nays.-Messrs. Bell of New-Hampshire, Collamer, any othice, 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 shali the member's 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

Y cas.--Messrs. Bell of New Hampshire. Collamer. / voters of the Territory on the 4th of July, 1856, Durkee, ressenden, Foot, Foster, Hale, Seward, Trumbull, these to be apportioned into 52 districts, for the Wade, and Wilsou-11,

| purpose of electing delegates to form a State NAYS.-Messrs. Adams, Allen, Bayard, Bell of Ten

Coustitu nessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Critiendeu, Dodge, Douglas, Evans, Fitz- / force or threats to influence any qualified voter

e to co

in giving his vote or to deter him from coing 1 who may be restrained of his liserty by reason of anid to the polls; the delegates elected under this

prosecutions, shall be released tserefrom 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 lor said Territory, against any person or persons for an, vote whether it is expedient to form a State

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 o form a § 23 grants to every actual settler a light of Constitution and Government for the State of

I preëmption to the quarter-section of public Kansas, with the boundaries defined in this act. |

2 this act: land improved and occupied by him in said The bill was never acted on in the House, but Territors of Kansas

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 verbatim as follows: Aug. 181h.

$ 24. And be it further enacted, That so much of the th.

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. Mr. Hále, 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 substit

Compromise Measures, is hereby declared inoperative thie Territ

ll 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 ; of perfectly free to form and regulate their domestic inNavs, 32.

stitutions in their own way, subject only to the Consti. Mr. Trumbull, of III., 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-| torial laws of Kansas be repealed and the Terrl 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, es. Navs, 32.

tablishing, prohibiting or abolishing slavery”-be and the

same is hereby repealed, and the said eighth section of Mr. Colla mer, 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, hor.

ever, That any person lawfully held to service in either cluded 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

eighth section, if such person shall be permanently reYeng-Messrs. Bell of N. H., Collamer, Dodge, Fes

8. moved from such Territory or Territories prior to the 1st seuden, 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, I to service is in like manner removed without said TeirlBrodhead, 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 Jopes 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, I passed : And provided 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 :hen agreed to-Yeas, 32; Nays, 13—and the

Kansas or Nebraska, may be reclaimed and removed to

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 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.-Nr. 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 in said Territory in conflict w

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 (:Vo 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 al. the first Tuesday in November next; and sec

leged Territorial Legislature of Kansas. now

i 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. Where. in 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 time, which prevailed Yeas, 92; Nays, 86 ing, to be heard, tried, prosecuted, and determined in 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, iu 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 bulls, ainxed te 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 oh. what are usually known as the laws of the Legislature of | Kansas, shall be forth with dismissed by the courts where

noxious acts of the Territorial Legislature ; but Buck prosecutions may be pending, and every person all these were resisted by the Senate and were

« ZurückWeiter »