OF DOLLAR PER ANNUM, INVARIABLY IN ADVANCE.
TOWANDA :
flu Jiitnsas Question.
SPEECH OF
liOX. G. A. GROW,
In the House of Representatives, June 30, 1856,
riming the debate on the Hill reported from the Crrm
;'/i Territories for the admission of Kansas into
lh ( Union us a State.
}[r GROW said : The fitst vote on the bill
under consideration will be on the motion to
~ mmit it to the Committee of the Whole on
the .-tate of the Union : after having disposed
~f the pending instructions—one proposed bv
■RCABI UI'TII from Georgia. Mr. STEPHEN'S,]
the nature of a substitute; the other, an
, mini • t thereto, restoring the Missouri
• Vn-.Toim.-o. offered by the gentleman from
I:: mi.:i. Mr. Jh'N.vj Before speaking on
the i:. fit ; this bill, I propose to say a word
. to the effect of this motion, should it prc
livery person who has served in this
]!;..! i- awaiv. that at this stage of the session,
.! i 'iid t - biii I: referred to the Committee
.! W "ii the state of the Union,it could
. in ail pro!lability, be reached. If it is '
!• 'jfseil t" si :ei it there for the purpose of!
''ii!. that object would not be secured; I
in order t• i reach it, it would be neccssarv
:. lay a-id every bill on the Calendar preced-1
: It. one by one, by a majority of the Com- '
• ttee. And the same majority which could!
a.idc the lolls so as to reach this, could,'
ivhfii reached tinder the ruling in the Nebras
ka -f. strike out lite enacting clause, and re
• ;t t!:c I'.ll t<> the House without a single
. t. or any opportunity for one. If,
■ iy object in in referring is to have
gentlemen will see that that ob
w< .Id not he accomplished b}' the re
\s '.'i the instructions proposed bv the vn
:u Georgia. .Mr StErnKxs,] I have
■i ito iv. Hi - amendment, which is
ir to a hunihcr of amendments that have
n intra on "d lately in the other wing of the
. j :* ■:t <-•-<jjy tor the relief of Kansas.
the appointment by this Administra
a eci taiu number of men, who are to
. Kansas, take a census of voters, and
v 1 or the election, at some future day,
>to form a State Constitution*. I
.re > faith in any measure of redress for the
•> ef Kansas, which is to be placed in the
anls of this .Administration to execute. A
• realizing the Territories of Nebraska and
-as mis passed by Congress, and it was
Pro- 'ient s bonnden duty to see it carried
• in good faith to the citizens who relied on
- protection. He signed that bill, was there
it part of it, and it was his duty to see that
• i' ttcr and spirit were in no way violated,but
: 7in- rights secured to citizens under it were
protected. He entirely failed to do -o.—
aving thus failed
Mr, McMUhLIN, (interrupting.) Will
i* ;etitlcrnan yield me the floor for two mi-
Mr. U, now . For what purpose ?
Mr. VM I.LLV To explain the course
the BrcMdent.
Mr. <i K< >\\ . Not now. If J have time to
-1 tic remarks which I propose to make,
fori* the expiration of my hour, I will yield
ll'Hir with great pleasure to the gentleman
A ,r_; a::. If he projxisps to ask me a
l* ! tiiiciit la the subject 1 amsjieakiug
i,l will hear ami answer it ; otherwise I am
"•'< inr' > vield at tin's time.
!:. President having failed to jiroleet the
" i"i Kansas in the rights secured to them
y ti.e organic act, I ask whether we should
I'i • in "is hands any measure of jiropos
->r"ii-! or protection for that people ? When
pt i'.ic ofhrer betrays liis trust iu one case,
v "; .u: nint the same charge to his keejiing
-' it,, you expect any relief to the peo-
Kaii-us from this Administration, or
' ■ humous uhom it has sent to that
•••'Tv; lo expect it would lie as great
, v " to hope I o protect your lamb from a
. atta.-k of the wolf by putting two bells
:• ''• iasti ad of one. For myself, I ant
•' •i: ■ \ measure of relief which is to be
'• 11 as c.v-i utiou to men who have
•' ' try right secured to the citizens
'IUOU of the country, and who
J ike most sacred rights of A mcri
" r:v a- who have given to the (lames
> I aceabJe citizens, and driven
1 hom a-s.s into the wilderness.
' ■ i : 'posed that five men be appoin
. "< A<miiiu>tration which has permitted
( 0 | a ; ie a t . ensu3 of the popu
v - and that they may employ
. i. as they please to assist in taking
v person is 'o vote at the election for
• "'o Una a constitution unless his name
■' census list. They might employ,
:i; s r, Stringfellow, Jones and Don
'• ;, U-o out and take the census of the
■ : {.tig ,-H, a list as would suit their
• "'q aii'l .-'.•cure tiie success of the bor
•-'ius in their cm-ade in behalf of sla
even if the ii-t w as a fair one, wliatsc
•; ,w . vo " 'hat afresh invasion would not
' • ' - that armed men would not go
, q seize upon the ballot-boxes by
p >ii drive away the legal voters of the
" 7hy violence, as has been done in
i heretofore held in the Territory?
,l '. v fixed in this substitute for illegal
ot prevent it, for it is simply a
\ f ro,i certain sum of money.
, woi ry propagandist be brought be-
U'couipte charged with illegal vo
, 'relieves that, when tiie jienalty is
'" 'XiTefl five hundred dollars, it will ex
rt.'nts.' Who believes that the pen
"i' ! "'cr be fairly enforced under such
•ion of law as exists in Kansas ?
•" '•'•no orders the destruction of public
'■•. dug prc>s<-.s, and jirivatc dwcll-
THE BRADFORD REPORTER.
the mere finding of a grand jury, is not to
be trusted with the rights of American free
men.
But, sir, there is some encouragement for the
friends of freedom in Kansas in the proposi
tions which have been submitted within a few
days in this Hall and in the Senate. It is,
that the ground taken in the early part of the
session with respect to Kansas is abandoned
by the men who resisted the appointment of
any committee to investigate the transactions
iu that Territory, alleging that no frauds or
violence had been committed, and even if there
had this House had no power to control or re
dress them.
Now, propositions for settling the troubles in
Kansas, and professedly to prevent the repeti
tion of the wrongs and injustice perpetrated
upon her people, conic from those who strenu
ously opposed the appointment of that com
mittee, iiuel justified or apologized for the
wrongs which their report exposes ; ar.d the
ground taken in the opening of the session,that
Kansas must have a population of ninety-three
thousand four hundred and twenty before she
could be authorized to form a State constitu
tion, is professedly abandoned on all sides.
That was really the only plausible objection
that could bo made to her immediate admission,
and that yielded, what objection can there be
save that her constitution prohibits slavery?'
The proposition is now to admit her as a;
State into the Union, without regard to the!
number of inhabitants, after taking a census.
\\ hv delay her admission, then, for the taking '
of a census, when it is proposed to admit her '
whatever her population may be ? I appeal j
to every gentleman here who proposes to ad
nit the State of Kansas, after the taking of a
census, without regard to the number of her i
inhabitants, why not admit her at once, and
put an end to all these troubles ?
Some gentlemen say, we ought to take no
action upon the subject until the investigating
j commit tec which was scut into Territory have
! made their report. Now, that report, "so far
! as the question of the admission of Kansas in
! to the V nion is concerned, it seems to me is
wholly immaterial, except as furnishing an ad
ditional reason for Iter admission, in order to
relieve the people from great wrongs. But if
it is considered necessary, that commission lias
returned, and any member who is not satisfied
as to the condition of things in Kansas can
satisfy himself by an appeal to the members of
the commission.
i The question now before us is, whether the
. people of Kansas are to be relieved from their
oppressions and wrongs by its immediate ad
mission as a State into this Union ? So far
as that question is concerned, it makes uo dif
ference whether the Kansas legislation was
valid or invalid. Even if valid, and elected
without fraud or violence, the pretended laws
, they enacted, and which were transmitted to
thi* House by the President of the United
States, are a disgrace to any civilized jieople.
j The only question is, whether yon will relieve
! these people from that despotism and wrong
1 by admitting them now as a State into the
I'nion 'I There is no other way in which you
! can effect naily relieve them, and prevent con
| >taut invasion of their rights by non-residents.
But it is said that if the laws enacted by
this Legislature are wrong, they can be re
pealed—that the ballot-box is the proper place
to change unjust laws. As a general proposi
tion, that is true. But this legislation was
forced upon the people of Kansas, through
fraud and violence, by an invasion of non-resi
dents. Of the six thousand three hundred and
thirty-one votes polled at that election, but
fourteen hundred and ten were legal votes, as
ascertained by the investigations of the com
mittee sent by this House to Kansas. After
j enacting laws which even Southern Senators,
; rising above the prejudice of their section,have
i declared on the lioor of the Senate to b e cruel,
j oppress ire, and pa!pa Hp unjust to one serJitm of
j Ihr I nion, and an insult to honorable, men , they
j provided against their repeal by disfranchising
i at the polls—by unauthorized test oaths—all
I who were opposed to them. They provided
for their execution in the spirit in which they
j were enacted, by taking from the people any
voice iu the election of their officers.
There is not an officer in the Territory of
Kansas to-day, civil, military, or judicial, save
the thirteen members of the Council of the
spurious Legislature, (who hold over another
year,) in the selection of which the people have
had any voice. The executive and judicial of
ticcrs were sent by the Federal Government,
and tic L wislature appointed, or provided for
the appointment, by their own appointees, of
the election boards, sheriffs, constables, justi
ces of the peace, and all other officers in the
Territory. And then, to guard against the
change of any of their " cruel and unjust laws,"
they require, as a qualification to vote and to
hold office in said Territory, in addition tooth
er obnoxious qualifications, an oath to support
the fugitive slave law ; and they postponed
the next meeting of the Legislature till the
Ist of January, 1857. But as the Council
hold over another year, no change can be made
in these laws by the people themselves, even if
thoy were not disfranchised at the polls, till af
ter the Ist of January, 1858 ; so that, from
the time of passing the territorial law by Con
gress, which provided for annual sessions of
| the Legislature, it will be almost four years
before a change can be effected in the Legis
lature, so as to repeal these laws.
The gentleman from Georgia [Mr. STEPHENS]
the other day referred to legislation iu his own
State which he believed to be unconstitutional
and oppressive ; but the courts decided that
: it was constitutional, and he submitted to the
decision, as was the duty of a good citizen.—
But if a provision had been appended to that
law prohibiting any man from voting for its
repeal until he had sworn to support it, would
he have felt himself bound to abide by it ?
Sir, the people of Kansas are in a different
position from that of any people in any State
in this Union, in respect to any laws of which
complaint was ever made. For the first time
in the history of the Government is an oath
required of a voter to support particular laws
j as a qualification to vote at HIIV election. Well
I m'glit Me' Senator from Delaware ,f Mr Ci *y-
PUBLISHED EVERY THURSDAY AT TOWANDA, BRADFORD COUNTY, PA., BY E. O'HEAR A GOODRICH.
TON,] declare it an " injustice unexampled." A
Legislature, tbat denies the right of private
judgment, that has stripped th people of all
voice in the selection of their own rulers, that
strikes down freedom of speech and of the
press, under the penalties of not less than two
years' imprisonment at hard labor, and that
tramples upon every right dear to a freeman,
has been imposed upon the people of Kansas
by fraud and violence—their houses have been
burned, and their property destroyed under
the sanction of this Administration and its ap
pointees. There being no peaceable mode for
the people of the Territory to chauge these
"cruel and oppressive" laws for more than two
years, they resorted to the only peaceable mode
of redress under the circumstances. And that
was to form a State government, and ask ad
mission into the Union.
To relieve themselves of these grievances
the citizens of Kansas proceeded, peaceably,
as they had a right to do, under the Constitu
tion of their country, to fonn a State govern
ment, and ask of Congress to admit them into
the L T nion as a State. Their memorial is be
fore you, and is to be answered by your action
on this bill. All the proceedings preliminary
to the formation of tins constitution have been
as regular and orderly as the disturbed condi
tion of the Territory would allow ; and instead
of being confined to any class or party, it was
of a general character, and extended an invita
tion to all citizens to participate. The first
public meeting for that purjio.se was held at
Lawrence, Sejitember loth, 1555 ; at which
time the following resolution was passed :
Result ed, That we, the people of Kansas Territory, in
mass meeting assembled, irrespective of party distinctions,
influenced by common necessity, ami greatly desirous of
promoting the common good, do herel.v call upon and re
quest all In ma fide citizens of Kansas Territory, of what
ever political views or predilections, to consuft together
in their respective election districts, and in mass conven
tion or otherwise elect three delegates for each represen
tative to which said election district is entitled in the
House,of Representatives of the legislative Assembly, by
proclamation of Governor Ilecder, of dat" ldth of March,
18.75 : said delegates to assemble in convention at the
town of Topeka, on the lath day of September, 1*55, then
and there to consider and determine upon all subjects of
public interest, and particularly upon that having refer
ence to the speedy formation of a State constitution, with
an intention of an immediate application to be admitted
as a State into the Union of the United States of America.
In accordance with this recommendation,
delegates were elected in the different election
districts, who met at Topeka, on the 19th of
September, A. I). 1855, to take into consider
ation the expediency of calling a convention
to form a State constitution. The address is
sued by this convention was to the legal voters
of Kansas, and closed in these words :
" And whereas the debasing character of the slavery
which now involves us impels to action, and leaves us, u's
the only legal and peaceful alternative, the immediate es
tablishment of a State government : • id whereas the or
ganic act fails in pointing out the course to he adopted in
an emergency like ours : Therefore, you are requested to
meet at your several precincts in said Territory hereinaf
ter mentioned, on the second Tuesday of October next, it
being the Uth day of said month, and then and there cast
your ballots for members of a convention, to meet at To
peka on the 4th Tuesday in October next, to form a con
stitution. adopt i. bill oi rights for the people of Kansas,
and take all needful measures for organizing a State go
vernmeut preparatory to the admission of Kansas into
the Union as a State.
After this address, which fixed the time and
places of election, provided for the appoint
ment of judges, and the qualification of voters,
electious were held in every district in the Ter
ritory, and delegates elected to meet at Tope
ka the 23d October, 1855, to form a State
constitution. They met at that time and place,
formed a constitution, and submitted it to a
vote of the people for ratification on the 15th
of December following. The 15th of January,
1856, a Governor, Legislature, and State offi
cers were elected ; and the Legislature met on
the 4th of March, 1856, and after receiving
the Governor's message, appointing committees,
and electing United States Senators, adjourn
ed to the 4th of Julv.
All these proceedings were necessary before
their application to Congress for admission ;
for the power given to Congress by the Con
stitution is to admit States, not Territories.—
The new State must, therefore, have all the
" agents indispensable to its action as a State '
before its application ; and such was the de
cision of the Attorney General, transmitted by
General Jackson to the Governor of Arkansas,
September 21, 1835. Referring to the third
section of the fourth article of the Constitution,
lie says :
" This provision i*m>lies that the new State shall have
lieen constituted l>y tne settlement of a constitution or
frame of government, and by the appointment of those of
ficial agcuts which are indispensable to its action as a
State, and especially t<> its action as a inemlier the Union,
prior to its admission into the Union, in arronUnce with
this implication, every State received into the Union since
the adoption of the federal Constitution has been actually
organized prior to such admission."
Instead of the proceedings of the free-State
movement in Kansas being against law, it is
clearly in accordance with law and constitu
tional right. The free State men in this move
ment have done nothing but what they had a
right to do. The people of any Territory have
a right, under the Constitution, to call a con
vention at at any time, with or without an act
of Congress, or of the Territorial Legislature,
and to form a State government, and apply to
Congress for admission into the Union. The
right of a people "to alter or abolish " their
form of government is an inherent one, and is
classed in the Declaration of Independence as
indispensable to the inalienable rights of man.
Tne "mode and manner of accomplishing it in
organized States properly belongs to the forms
of law, to be prescribed by the State Govern
ment ; but in the Territories, Congress is the
only power that can prescribe the forms ; for
a Territorial Government emanating from Con
gress can be changed, modified, or abrogated,
only by its consent. That consent, however,
can be expressed as well after as before the
action of the pe< pie. If Congress, then, has
prescribed no form, whatever action the jieo
ple think proper to adopt, in order to secure
a cliauge of Government, provided it be con
ducted in a peacable manner, is lawful and
constitutional —lawful, because it violates no
valid law—constitutional, because article first
of the amendments to the Constitution secures
to the people everywhere, under its jurisdic
tion, the right, paramount to all law, pracablp
to assemble, and to petition the Government for
a redress of grievances.
Genorni Jackson, in replying to the Gover
nor of Arkansas in 1 8&>, who *olicitcd of him
" REGARDLESS OF DENUNCIATION FROM ANY QUARTER."
instructions for his guidance in case the peo
ple of that Territory, without a law of the
Legislature, proceded to elect delegates to a
convention, and to organize and put in opera
tion a State Government, without the author
ity of Congress, says through his Attorney
General, iu the opinion just cited, that:—
" It is not in the power of the General Assembly of Ar
kaasas to pass any law for the purpose of electing mein
hers to a convention to form a Constitution and State
Government, nor to do any other act, directly or indirect
ly, to create such new Government. Every such law, ev
en though it were approved by the Governor of the Ter
ritory, would be null and void."
The Governor of Arkansas, in this same
communication to the President, expressed the
opinion that, under the Constitution and laws
of the United States, no measures can lawful
ly be taken by the citizens of Arkansas, to
form a Constitution and State Government,
until Congress shall first have granted them
authority so to do ; and that he will there
fore feel himself bound to CONSIDER AND TREAT
AI.L SUCH PROCEEDINGS AS UNLAWFUL. That is
precisely what the Administration and its
abettors, under similar circumstances, are now
doing in reference to Kansas. And it is to be
regretted that the President did not send to
his Governor in Kansas the opinion sent by
General Jackson to his Governor in Arkan
sas iu days when Democracy meant something
besides propagating and nationalizing the in
stitutions of human bondage. In instructing
his Governor as to the rights of the people,
he says :
" They undoubtedly possess the ordinary privileges
and immunities of citizens of the United States. Among
these is the right of the people " peacably to assemble,
and to petition the Government for the redress of grie
vances. ' Iti the exercise of this right, the inhabitants of
Arkansas may peacably meet together in primary assem
bly, or in conventions chosen by such assemblies, for the
purpose of petitioning Congress to abrogate the Territo
rial Government, and to admit them ,nto the Union as an
independent State. The particular form which they may
give to their petition cannot be material, so long as they
contine themselves to the mere right of petitioning, and
conduct all their proceedings in a peacahle manner. And
as the power of Congress over the whole subject is ple
nary and unlimited, they may accept any Constitution,
however framed, which in their judgment meets the sense
of the people to be affected by it. If, therefore, the citi
zens of Arkansas think proper to accompany their peti
tion by a written Constitution, framed and agreed on by
their primary assemblies, or by a convention of delegates
chosen by such assemblies, I perceive no legal objection
to their power to do so ; nor to any measures that may
lie taken to collect the sense of the people in respect to
it."
Docs the Constitution meet the sense of the
people to be affected by it ? The existence of
Slavery was the only question upon which the
people were divided, und the vote for dele
gates to the Convention settled that by a ma
jority of legal voters.
All the proceedings preliminary to the for
mation of a Constitution in Kansas have been
conducted in a" poacable manner. The Leg
islature that convened on the 4th of March
passed a resolution that no act of theirs was
to have the force of law, and no officer elected
under that Constitution was authorized to act,
until confirmed by some subsequent act of the
Legislature, and thus they await the action of
Congress. Governor Robinson, in his mes
sage to the Legislature, speaking as the agent
of the State thus organized, shows its peaca
ble character and subordination to the action
of Congress, in the following extract :
" It is nnilersood that the deputy marshal has private
instruction* to arrest the merul)era of the Legislature, and
the State officers, for treason, as soon as this address ie
received by you. In such an event, of course.no resis
tance will be offered to the officer. Men who are ready
to defend their own and their country's honor with their
lives can uever object to a legal investigation into their
action, nor to suffer any punishment their conduct may
merit. We should i>e unworthy the constituency we rep
resent, did we shrink from martyrdom on the scaffold, or
at the stake, should duty require it. Should the blood of
Collins and Dow, of Barber and Brown, be insufficient to
quench the thirst of the President and his accomplices in
the hollow mockery of " squatter sovereignty " they
are practicing upon the people of Kansas, then more
victims must lie furnished. l.et what will come, not a
finger should be raised against the Federal authority un
til there shall be uo hope of relief but in revolution."
The people of Kansas, relying on their con
stitutional rights and the official decisions of
the Government, and following the precedent
of Tennessee, Arkansas, Michigan, Florida,
and lowa, all of which formed State Constitu
tions without any act of Congress authorizing
the some, present themselves, through the me
morial of their Legislature, and ask admission
into the Union. Why should not their pray
er tie granted ?
Since the objection to the immediate ad
mission of Kansas, on account of insufficient
population, is abandoned, there can be no oth
er, unless a sectional one, except the allega
tion of informality in her proceeding, in not
having a previous act of Congress authorizing
them. I have shown that such an act is not
necessary on any principle of constitutional
right. Five States have been admitted with
out any snch act. And, so far as the forms
of law were concerned, Michigan came into
the Union against them, having entirely sup
planted the Territorial Legislature before the
action of Congress.
Miclii gan applied for admission with a Con
stitution formed by her people without any pre
vious act of Congress. Under it she had elec
ted a Governor, Legislature, United States
Senators, and member of Congress. Her ap
plication was met with the same objection as
is now urged against Kansas—that her pro
ceedings were not only without law, but against
law and good order ; and that class of objec
tors were opposed to receiving her memorial,
on the same grounds urged by a class of Sena
tors against the memorial of Kansas, for it
would be recognizing the Stale of Michigan
when there was no such State ; and to recog
nize her as such would be sanctioning treason.
Congress, however, admitted her, on condition
that her people should assent to a change of
boundary. The legally constituted authorities
called a convention, fixed the time and place
of holding the election for delegates, and pre
scribed the qualifications of voters. This con
vention, so constituted, rejected the terms of
admission, lint the people, by a spontaneous
movement, without any legislative act what
ever, called another convention, and accepted
the condition of admission fixed by Congress.
Under these circumstances, Michigan was ad
mitted into the Union.
Kansas, witn far greater reasons than ever
existed heretofore for a departure from the
usual form of proceeding, asks at your hands
the same boon. In the case of Michigan, the
times wye mure fortunate than those of Kansas.
' Andrew Jackson was then President; Benton,
Niles, W. R. King, and a host of other equal
ly illustrious leaders of the Democracy, were
then in the Senate Chamber, aud espoused her
cause. No threats or efforts were then made
to subdue liberty.
Kansas, having violated no law, lays her
petition for a redress of grievances at your
feet. For doing this, some of her citizens are
exiled from their homes, and others pine in
chains, charged by the Government of their
country with treason— treason in peacably
forming a State Constitution under the right
guarantied by the paramount law of the land
in order to ask of Congress admission into the
Union—treason for doing precisely what the
peeple of Arkansas aud Michigan did almost
a quarter of ft century ago, and which was en
dorsed by Congress anil the then President
of the Republic. But times have changed,
and men with them.
The Democracy in the days of Jackson stood
upon the jirincijtlcs of the fathers of the Re
public in reference to the Territories, and jus
tified the right of the people peaieably to as
semble at all times, and petition for a redress
of grievances.
j The gentleman from Georgia, [Mr. STE
PHENS,] in his remarks on Saturday, appealed
to the higher law to sustain Slavery. With
out stopping to discuss Scripture authority on
that point, for it belongs to the theologian
; as one of his controverted questions, I wish
| here only to say, that if Slavery and its exis
tence rest on the Old Testament for their sup
port, then the same authority will support
white Slavery as well as black, and the amal
gamation of master and slave. In the Sla
very of the patriarchs there was intermarriage
between the master and slave—the sons and
daughters of the oue with the sons and daugh
ters of the other. Jt is not questioned that
the slaves of that day were white. If that
was the case, then the gentleman's argument
proves too much, and there is a rule of the lo
gicians, that an argument is as faulty that
| proves too much, as one that proves too little.
If the Bible argument be good, whites ran be
| seized and carried into bondage, and masters
and slaves may amalgamate. But 1 will pass
by for the present the defence of Slavery, as
authorized by the practice of the patriarchs ;
for how far their example should be followed,
or can be, consistently with the new dispensa
tion that declares " that whatsoever ye would
that men should do to you, do ye even so to
them," will come up properly on a bill now
pending in reference to another patriarchal in
stitution existing in one of the Territories.
The gentleman seemed to think that the
spirit of Jefferson would feel indignant that he
should be quoted as authority by Republicans.
Sir, if the spirits the departed hover over the
scenes of earth, and watch with solicitude its
affairs, with what anguish must that spirit
contemplate the wrongs in Kansas, who ex
claimed, when on earth—
" With what execration should the statesman he load
ed, who. permitting one half the citizens thus to trample
the rights of the other, transforms those into despots, and
these into enemies, destroys the morals of the one part,
and the amor patriot of the other!"
If tlie spirits of the sainted dead hover over
their country, watching its destiny with any
thing of their earthly solicitude for its welfare
what anguish must wring the heart of his no
ble co-patriot, who, in the Senate Chamber,
in 15S1 y, declared that—
" Nothing can more gladden the heart, than the con
templation of a portion of territory consecrated to Free
dom. whose soil should never be moistened by the tear of
the slave, or degraded by the step vf the oppressor or the
oppressed.''
Can the spirits of snch men be wounded by
the appeal of the livivg to their authority to
vindicate the rights of the freemen of their na
tive land, and save from degradation the very
territory that once so gladdened the patriotic
heart !
Tyranny and wrong rule with brute force
one of the Territories of the Union, and vio
lence reigns In the capitol of the Republic,—
In the one, mob law silences with the revolver
the voice of justice, pleading for the inaliena
ble rights of man ; in the other, the sacred
guaranteess of the Constitution are violated,
and reason anil free speech are supplanted by
the bludgeon ; and, in the Council Chamber
of the nation, men stand up to vindicate and
justify both ! Well may the patriot tremble
for the future of his country, when he looks
upon this picture, and then upon that !
Can the spirits of the departed, unless they
partake more of earth than when surrounded
by their clay tenements, look down upon these
scenes without anguish and bitter sorrow?
Mr. Speaker, why should the application of
Kansas for admission be delayed, w hen it seems
to lie couccded on all sides that it is proper to
admit her without requiring the ratio of popu
lation necessary for a Representative in a
State ? That idea seems to have been entire
ly abandoned. Then why delay this applica
tion, when every man must be satisfied, in his
own judgment, that it would restore peace to
Kansas to give her a Government of her own
formation, with officers and courts of her own
selection? Immediate action is necessary, in
order to put an end to the strife in the Terri
tory, which, the President informs lis, threat
ens the peace not only of Kansas, but of the
Union. The representatives of Freedom and
of Slavery, struggling for supi emaey, rally to
the plains of Kansas with the implements of
war aud violence. Is the bitterness engen
geudercd in these conflicts to be allayed, and
the dangers of bloodshed to be averted, by
Congress authorizing the people of the Terri
tory, at some future day, to do what they al
ready have the right to do, without any snch
authority ? An act, of Congress authorizing
them to form a State Constitution, confers no
right that they do not already possess, and is
110 redress of present grievances,or relief against
unjnst and oppressive laws. How can gentle
men who claim to be the special advocates of
the right of men to govern themselves in the
Territories object ?
It is an inherent right of a people, the world
over, to govern themselves ; and that right
cannot be interfered with without injustice, un
less this condit ion and circumstances underwhieh
they maybe placed necessarily impose restraints
VOL. XVII.—NO. 7.
Such is the case with the Territories. The
| population, in the first instance, being too
j small to support a Government, Congress es
tablishes one, and pays its expenses. Conse
quently, it must have a supervision over its
acts, for the same reason that a principal must
have control over the acts of his agent ; oth
erwise, he might be involved in any amount of
expenditure for purposes which he entirely dis
approves. If the people could go into the
Territories, in the first place, in sufficient num
bers to support a State Government, Congress
should have nothing to with them any more
than with a State.
But being for a time too weak and feeble in
number to support a State government, from
the necessity of the case Congress must form a
government for them, and they must submit,
during this infancy of ther existence, and during
this inability to support a government, to such
conditions as may be imposed by Congress. But
those conditions should be removed at the ear
liest practicable period. When the people are of
sufficient numbers to support a government of
their own, and ask it at your hands, why with
hold it? AN liy not free your Treasury from the
burden of supporting their government, and al
low them that right which belongs to them—
the inherent right of the people to govern them -
themseves, to protect their own ballot boxes,
their own lives, and their own property? The
objection made to the admission of Kansas,
under present circumstances, by most of the op
ponents of her adinissisn, is that law aud order
must be maintained in this Territory ; and
that was a poiut urged by the gentleman from
Georgia, [MlStephens.] Sir, law and order
have not been violated in that Territory save
by the officials of your Government. Such is
the testimony of Governor Shannon as to the
peaceable character of the citizens of Law
rence, who, by his own letter to the President,
of November 28, 1855, shows that the influence
of the executive office of the Territory was to
be wielded in behalf of slavery, whose interests
he regards as synonymous with law and order.
In writing the President in reference to the
arming of the free-State men he says :
" This military organization is looked upon as hostile to
all souther n men, or rathn to the law and order party of
the Territory, many of whom have lelutives and flienUa,
and all have sympathisers, in .Missouri
The first invasion of Lawrence was made be
fore any legal process of any kind qr descrip
tion was ever issued against any citizen of that
place. In the letter of Governor Shannon to
the President, December 11,1855, which gives
an account of the invasion of Lawrence, he
bears testimony to the law-abiding character
of the people of that place. He says :
" It was at once agreed that the laws of the Territorv
should have the regular course, and that those who dispu
ted their validity should, if they desired to do so, test that
question in the judicial tribunals of the country ; that in
the mean time no resistance should lie made to their due
execution, and the citizens ot Lawrence and vicinity were,
when properly called on, to aid in the arrest of anv one
charged with their violation, ami to aid aud assist i'n the
preservation of the peace and go.wl order of so. iety." *
* * * "It is proper / should say that they claimed that
a large majority of them had always held and inculcated
the same view.''
The people of Lawrence reiterated this de
claration in the following communication adop
ted in a public meeting of her citizens :
LAWRENCE, May 14,185 C.
DEAR SIR : We have seen a proclamation issued by
yourself, dated 11th May, and also have reliable informa
tion this morning, that large bodies of armed men, in
pursuance your proclamation, have assembled in the vi
cinity of Lawrence. That there may be no misunderstand
ing, we beg leave to ask respectfully, (that we may bo
reliably informed,) what arc the demands against us ? .
We desire testate most truthfully, and earnestly, that ic>
opposition whatever will now, or at any future' time, be
offered to the execution ot any legal process by yourself
or any person acting for you. We also pledge" ourselves
to assist you. if called upon, in the execution of any legal
process. We declare ourselves to bo order-loving and
law-abiding citizens, and only await an opportunity to
testify our fidelity to the laws of the country, the Consti
tution, and the Union,
We are informed, also, that those men collecting about
Lawrence openly declare that their intention istodestrov
the town, and drive off the citizens. Of course, we dl>
not believe that you give any countenance to such threats ;
but in view of the exciting state of the public mind, we
ask protection of the constituted authorities of the Govern
ment, declaring ourselves in readiness to co-operate with
them for the maintenance of the peace, order, and quiet
of the community in which we live.
J. B. DONALDSON,
I'nited Stales Marshal for Kansas Territory.
Anrl at a still later day, the committee of
safety of Lawrence sent to Marshal Donald
son the following
We, the committee of public safety for the citizens of
Lawrence, make this statement and declaration to you :LS
marshal of Kansas Territory
That we represent citizens of the United States, and of
Kansas, who acknowledge the constituted authorities of
the Government: that we make no resistance to the exe
cution of the laws, national <r territorial; and that we
ask protection of the Government, aud claim it as law
abiding American citizens.
For the private property already taken bv vonr posse,
wc ask indemnification ; and what remains to us and our
citizens we throw upon vou for protection, trusting that
under the flag of onr Union, and within the folds of tlm
Const it "tion, wc mav obtain safete.
SAMUEL G. FOMEUOY, WM. V. ROBERTS
I.Y.MAX A1 LEX. S. 11. PRESTON.
JOUX A. DERBY, A. 11. MAI.LoItY,
C. W. BABCOCK, JOEL GROWN.
Yet after all those declarations hy men who
had violated no law, and who had proposed, in
a written communication to the governor and
marshal, of iTtli of May, to deliver their arms
if desired, "to Colonel Sumner, so soon as he
should quarter in the town a body of United
States troops sufficient for their protection, to
be retained hy him as long as such force
shall remain," Lawrence was sacked, and its
public buildings and printing-presses destroyed.
Where is there a man under arrest in Kan
sas, or with any civil process against him, who
has shot down men there for freedom of speech,
or who has destroyed printing-presses, burned
the dwellings of peaceable and defenseless citi
zens, and scut their wives and children into the
wilderness, to find protection with the savages,
against their less merciful pursuers ? Where
is the man who has been arrested by your
guardians of law and order for any of these
outrages aud wrongs ? Under the sanction of
officers of the law, citizens have been stopped
upon the highways, their persons searched aud
papers seized, without any legal process ; their
property taken and confiscated ; and they, un
less engaged in the work of making Kansas a
slave State, compelled to carry a pass, signed
by some official of the Territory, in order to
save themselves from robbery ur murder by
these conservators of law. Titus are Ameri
can freemen, on American scii, reduced to the
condition of a southern ; lave, who must ha e