0, DOLLAR PER ANNUM, INVARIABLY IN ADVANCE.
TOAVANDA:
Jdarsban fllorninn, December 25, 1836.
PKLEGATB FROM KANSAS. „
REMARKS OFMR. GROW,
iSTHK HOL'SK OF REPRESENTATIVES. DEC. 1.1956,
On the Question of Admin Uterine the Oath of Office to
j, .UN it". WHITFIELP, as the Delegate from Kunetts
Territory.
Mr*GROW said : Mr. Speaker, on the
certificate presented, I am opposed to the ad
inirsion of Mr. Whitfield to a seat as Delegate
from the Territory of Kansas. The gentleman
FRONT Missouri .Mr PHELPS] is entirely mista
keu in supposing that this course of proceeding
u unprecedented, and contrary to all principle
which has prevailed in the organization of this
House. The mere presentation of credentials
,ioo not in all cases entitle the holder to be
.worn in as a member of this House. If the |
certificate of election shows upon its face that
it is not in conformity with the requirements
of the law upon which it is based, or if the law j
•self under which the election was held is upon
•j face in violation of the Constitution of the
United States, or of any organic law of higher
authority than itself, then the certificate alone
(joes no* furnish such a prima facie case as
w,.tilth under the usual proceedings of the
11. •]>('. admit a member to a seat.
In the case of Letcher r.. Moore, first session
ii Twenty-third Con stress, while the roll was
v, _ r called by the Clerk, and before the orsmn
on of the House, Mr. Allan, of Kentucky,
<b ; . •. Ito the oath of office being administer
to Mr. .Moore, one of his colleagues, though
h-> heiii a certificate of election. After diseus
von, the House proceeded to elect a Speaker
r other offi ers. without permitting either of
': c aimants to vote. The case was finally
<od of by referring it back to the people
f v r a new election, without the oath of office
Icing administered to either of the claim
rt> ilieugh one of them held a certificate of
election.
in ;in l celebrated New--.Tersev case, first ses
• of Twenty-sixth Congress, five j>ersons np
i "cil at the bar of the House, claiming to
rif s.ii-. that Sia e. with certificates bearing
Br ad Seal" of the Commonwealth. Yet,
wer two weeks' discussion, the House refused 1
tcadminister the oatli of office, or to permit j
MI to vote in its organization, and tinallv re
■:e ] tiiu-e holding the certificates of election, i
: miiuitted their contestants to seats
it s not for the gentleman from Missouri, j
Mr. PHELPS,] or myself, to reject theauthori- j
7of tliis precedent, for it was made bv the
1 "y w:h which loth or us were then acting, |
: .i.-uld it come with good grace from those j
prating with that gentleman to-day. It
s vc< ssury to consume time in citing other
" vdents. for tiiese arc amply sufficient, so
j> any precedent may be necessary to sus
my position in this case. lut, sir, were
no precedent for this course of proceeding,
i reumstauces surrounding the case would
mselves justify it.
At ihe opening of the last session, the same
i; iitiou was made in behalf of thisclaiuiant
t now. I then objected to the oath of office
• - aiiministcrcd, for the reason that, in my
, _ cut, it was not such a prima facie case
f - ome within the usual practice of the
■i s-e ; but out of deference to the wishes of
c- !r. sis, the whole House in fact, I did not
my objection for immediate action. We
-- Urn nine weeks electing a Sj>eaker. and
l : ' a.-iks more would, of course, be consuin
-.ccussing the right of the claimant,
1 would for tiiat leugth of time prevent
•'.rtlur organisation of the House, and
-• itUy all action on the other important
-> to come liefore it. Hut no such con
- for delay exist at this time, und we
J -n. j! disjiose of tiiis case now as at any
j t"ijuetit day. It was adjudicates! at the
; r:, after a most thorough investiga
if'.er a fuller examination than was ever
~ven to a con tested-election case in the '
j ' -v of your Government. A committee
j ! --- • }>y tlii> House to Kansas, to investi
| i. the alleged frauds and irregularities of
I * ti.v-tior.s m that Territory. After exani
- *>: i call, and nnder .cross-examination. •
" • Hundred witnesses, lielonging to all
• a::; of various {wlitical sentiments—
-1 - Tij ies of the official records of the Ter- j
comparing the |x>ll-books and cen
'' " - each electiou district, they re
• an t r> j-irtcd to this House, that at the
tiso members to the Territorial As
*h ■•!■ passed the election law upon
- - '-•a-u the certificate under which Mr.
i i;.>w claims, every Representative
one wa< controlled by armed men
-- •- uri • and that of the six thousand
. WsVirp-1 and seven votes polled in the
7at that election, but one thousand
* - and ten were legal votes. By
" tak-:i thirty days before this elec
red by the organic act. there were
:-ai:d nine hundred and five legal
1 ti.' Territory. Thus was the legisia
■ t! > |rro|>le usurped by invaders
7 ' iiig State. Tils House, at its
" a ;h all the facts ot the Kansas
z t'omniittee before it, and afur
, ' -'u-sion. adopted this resolution :
Tiiat John W Whitfield is not
' a e 3 t in this Houseasa Delegate
Territory of Kansas."*
- • conclusion of the report of the
- f Kkctioas. which declared
" !!*' a '• jred Territorial Legislature
body, and had no
! ;, -s valid laws, and titir tn -daunts
,"' rt n// , ln( j toid."
*■ : • election under which the sitting
~ ~ lr -'• n W Whitfield, holds his scat.
; Q pursuance of any valid law,
•* ' should lie regarded only as the
) " .•? the choice of those resident ci
* : 'o Voted for him."
Jwided that no valid election
Kansa Why T Wasitbc
* -'U election there was 110 con-
Till; BRADFORD REPORTER.
test ant ? Was it because there were illegal
votes cast, or was it because the law under
which the election was held was an invalid
law ? The decision could hare been upon no
other ground. The decision was, that the
election was held uudei a pretended law pass
ed by a usurping Legislature, and therefore in
valid, which would of course vitiate any elec
tion under it. What change has taken place
in the Territory of Kansas since then ? Her
legislature stands to-day as it did on the day
the House rejected this Delegate, six months
ago. No new laws have been passed. Though
the application of this Delegate is renewed, it
rests upon the same ground that it did before,
i It is the same esse over again, and we need uo
precedent in deciding it. This House, sitting
as a judicial tribunal, has adjudicated the case,
and declared that no valid election could be
held under the election laws of the Territorial
Legislature of Kansas. And why 1 Because
the Legislature was imposed upon that people
by au armed invasion from the ritate of Mis
souri, and could therefore pass no valid law for
the people of Kansas. Mr. Whitfield's seat
was then contested by Andrew H. Reeder ;
and our position was, "that the people of a Ter
ritory had a right to be represented in this
House ; and if the majority of the actual re
sidents of a Representative district had chosen
a Delegate, he ought to be admitted, though
the law of the Territory might be a millitv.
Rut the House, in rejecting Mr. Reeder at the
, last session, decided otherwise. And the very
same tribunal that made that decision is call
ed upon to-day to review it. In deciding elec
tion cases, this House sits as a judicial tribu
nal. and from its decisions there can be no ap
peal ; and a case once adjudicated should be
considered good law. at least by itself.
The fifth section of the first article of the
Constitution provides that " each House shall
be the judge of the elections, returns, and quali- ■■
fictitious of its own members and in order to
judge of the elections of its members, it must in
quire not only into the purity of the ballot-box
and the freedom of exercising the elective fran
chise by the voter, but also, as a necessary
consequence, into the validity of the laws on
. der which the election was held. To judge of
the returns, it must see whether the forms pre
scribed by the law have been observed : and i
to judge of the qu difrations of its members, it j
is necessary to examine the provisions of the
i local law, to <ee whether they are in conflict '
| with the Constitution of the United States,
which fixes the qualifications for members of
j Congress.
Now, sir. I propose to show that this Dele
! gate does not present a prima facie case, so as ;
to bring it under the usual practice of the
House, which is to swear in the member or
Delegate who presents a prima fan ease. In
■ order to present such a case, the certificate
must be in the form prescribed by law, and the
provisions of the law upon which it i- based j
j must not le in palpable violation of the Con- j
Btitution of the United States. If it is. there |
could le no valid election under it. The face
of the law and the certificate is therefore the
record upon which in the first instance we are
to act.
Now, <ir. without stopping to inquire into
the validity of the Territorial Legislature of
Kansas, or their authority to enact valid laws
—though I deny that there is anv validity in
any act of that Territorial Assembly, because
its powers were never derived from #e just
consent of the governed, and is therefore an
absolute usurpation, void from the beginning—
I propose to show, from the law itself, even
though the Legislative Assembly had valid
power to enact it, that the law upon its face
i< void, and that any election held under it is i
therefore a nn'lity. This House need not wait ;
the report of the Committee of Elections,where i
the re. ord shows such a state of facts. The
bill passed by Congress, organizing the Terri
tory of Kansas, prescribed the qualifications of i
voters in that Terr tory in the fifth section of j
that act, which reads ;
•' That every free white male inhabitant
' above the age of twenty-one years, who shall
I *be au actual resident of said territory, and
' shail possess the qualifications hereinafter pre- j
' scribed, shall be entitled to vctc at the first j
• election, and shall be eligible to any office j
' within the said territory ; but the qoalifiea- I
' tions of voters and of holding office, at ail
• subsequent elections, shall be such as shall l>e
' prescrilml by the legislative Assembly : Pro- i
j 'tided, That the right of suffrage and of hold
-4 it'g rffee sk/ill be exercised only bp citizens of
' th* I nited States, and those icho shall h ire
' der/ared on oath their intention to become such.
' and shall have taken an oath to supjmrt the
'Constitution of the United States and the pro
-4 visions of this act."'
Now. the Territorial Legislature of Kansas
cannot permit any person to vote in that Ter
ritory who is excluded by that proviso. If
they have done so iu the enactment of their
election law, it is an invalid law . and any elec
tion held nnder it would consequently be au
invalid election. The eleventh section of the
electiou law of the Territory of Kansas pre
scribes the qualifications of voters. I read from
the !aw< of Kansas, published by order of Con
gress, page 252
"sYc. 11. Every free white male citizen of
'the United States, aud every free white male
' Indian who is made a citizen by treaty or
' otherwise, aud over the age of twenty-one
' rears, who shall be an inhabitant of this Ter
' ritory, and of the county or district in winch
• he offers to vote, and shall have paid a Ter
' ritorial tax, shall be a qualified elector for ail
4 elective offices ; and alt Indians tcho are iuka
' bit ants of this Territory, and trko may hare
' adopted the customs of the iekite man, and who
• art liable to pay taxis, shall be deemed ritizrns :
1 Trended, That no soldier, seaman, or marine,
• in the regular Army or Navy of the L nited
; ' States, shall be entitled to vote by reason of
i 1 being in service therein : And provided further,
' That no person who shall hare been convicted
• of any violation of any provision of au act of j
j • Congress entitled ' An act respecting fugitives
i ' from justice, and persona escapiug from the
i <orvioc of their masters,' approved February i
i • 12, 17t3 : or of an act to amend audsnpplc
PUBLISHED EVERY THURSDAY AT TO WAN DA, BRADFORD COUNTY, PA., BY E. O'MEARA GOODRICH.
14 REGARDLESS OF DENUNCIATION FROM ANY QUARTER."
4 mcntary to said act, approved 18th of Sep
tember, 1860, whether such convictions were
' by criminal proceeding or by civil action for
4 the recovery of any penalty prescribed by ei
-4 ther of said acts; in any courts of the United
4 States, or of any State or Territory, or of any
' offence deemed infamous, shall be entitled to
' vote at any election, or to hold any office in
' this Territory : And provided, further, That
' if any persou offering to vote shall be ebab
' lenged, and required to take an oath or affir
-4 motion, to be administered by one of the judges
4 of the election, that he will sustain the pro
' visions of the alove-feei<ed acts of Congress,
' and of the act entitled ' An act to organize
4 the Territories of Nebraska and Kansas,' np
-4 proved May 30, 1854, .and shall refuse to take
' such oath or affirmation, the rote of such per
' son shall be rejected.
" SEC. 12. Every person possessing the qnal
' ificatiou of a voter, as hereinbefore prescrib
-4 ed, and who shall have resided in this Terri
' tory thirty days prior to the election ut which
' he may offer himself as a candidate, shall be
' eligible as a Delegate to the House of Repre
-4 sentatives of the United States, to cither
4 branch of the Legislative Assembly, and to
4 all other offices in this Territory, not other
-1 wise especially provided for : Provided, kmr
' ccer, That each member of the Legislative
4 Assembly, and every officer elected or appoint
' ed to office under the laws of this Territory,
' shall, in addition to the oath or affirmation
4 specially provided to be taken by such officer,
' take an oath or affirmation to support the
' Constitution of the United States, the provis
' ions of an act entitled ' An act respecting fu
-4 gitives from justice, and pcrsousjescaping from
' the service of their masters,' approved Febru
' aiy 12, 1793, and of an act to amend and
' supplementary to said last-mentioned act, ap
' proved Spteuiber 18, iB6O ; and of an act
' entitled ' An act to organize the Territories
' of Nebraska and Kansas,' approved Mav 30,
4 1854.''
The provision in the organic act passed by
Congress is, that no jer.>on shall vote In that
Territory, at the first or any subsequent elec
tion, unless he is a citizen of the United States,
or has declared his intention to become such.
Rut the law of Kansas admits all Indians to
vote who have adopted the habits of the white
tnan.
But it may be said, that the only effect nf
such a provision would be to exclude all such
votes as illegal, and not to vitiate the election.
The board of elections would be bouud to ad
mit them, because, under the law of the Terri
tory, they arc legal votes. The election law of
Kansas, therefore, admits a class of voters who,
by the organic act passed by Congress, are pro
hibited from voting. While the law admits a
class to vote who are prohibited by Congress,
it excludes, by test oaths, a class which the or
ganic act permits to vote, and to whom the
Constitution of the United States guaranties
the rights of franchise.
♦This law is doubly void. then, because it per
mits a class to vote who are excluded by the
organic law. and excludes a class who are en
titled. iqton every principle of a just and free
< rovernment, to vote in the Territory of Kansas.
I need not repeat the provisions in reference
to the test oaths, one of which disqualifies any
man from voting if he refuses to sup
port the Fugitive Sla\e Law. These provisions
not only violate the Constitution of the United
States, but are subversive of every principle of
just government, and trample in the dust the
inalienable rights of American freemen. Of
what use is the elective franchise, if you can
impose upon the voter, as a qualification to
vote, an oath to support any particular law 1
For what does he go to the JKUK. save to elect
men to make, alter, amend, or repeal laws ?
And if, when he comes to vote, he must first
swear to support the very law he wants chang
ed, it is a mockery to call it the right of suf
frage.
The nineteenth section of this law, though it
is not in conflict with the letter of the Consti
tution. violates every principle of fairness or
justice in the exercise of franchise among fair
aud honest voters. It declares that 44 wheu
• ever any person shall offer to vote, lie shail
•be presumed to be entitled to vote." This
provision requires the party, who would pre
serve the purity of the ballot-box, to prove a
negative. The opinion of the venerated Sena- !
tor from Delaware, Mr. Clayton, describes
truly the effect of this clause in a speech he j
made in the Senate during the extra session : '
44 There could be no justice in elections, with ;
' such a provision as that in the bill. The bur-'
' den of proof is on the wrong part v. and there
• fore the law is clearly and manifestly unjust ;
• and oppressive."' Uu ier it. every person un
known to the citizens of the election precinct \
could vote : and it would be entirely uuneces- ■
sary for a foreigner to !>e naturalized, for,were 1
he challenged, the objector must prove that he
uot naturalized, which would manifestly be im- j
possible.
By section twenty, 4 " Whenever any per-on
' offers to vote, his vote may be challenged by
' one of the judges, or by auy voter, and the
'judges of the election may examine him
' touching his right to vote ; and if so exnmin
-4 ed, no evidence to contradict shall be received."
Though the objector may hold iu his hands the
most ample evidence to prove the false voter's
perjury, yet his vote must he received.
Wei! might the Senator from Delaware ask,
as he did in the Senate, what part of the ci
vilized world is an election condncted on this i
principle !
The election law of Kansas, upon which this
certificate is based, is, in addition to the rea-,
sons already given, unconstitutional, for it fixes ;
iu the twelfth section qualifications for a mem
ber of Congress different from those prescrib-i
ed by the Constitution of the United States. ]
The "qualification prescribed by the second
sectiou of article one of the Constitution is,
that
" No person shall be a Rereseniative who
4 shall uot have attained the age of twenty-five
4 years, and have l>een seven rears a citizcu of
' the United States, and who shall not, when
4 elected.be an inhabitant of that State iu which
' he shall be chosen."
It is not iu the power of the States or Ter
ritories to require other or additional qualifica
tions than those specified in this article of the
Constitution.
In Barney vs. MeOreery, first session Tenth
Congress, this was the only point involved in
the contest. By a law of Maryland, Baltimore
| city and county was made one Congressional
district, entitled to two members ; and the law
further required that one should be a resident
of the city and the other of the county. The
two candidates having the highest number of
votes both lived in the county. Barney,living
in the city, contested McCreery's seat, on the
ground that both members could not, under
the law of Maryland, reside iu the county. The
House decided, by a vote of 89 to 18, that
McCreery was entitled to his seat, and that
the Constitution of the United States having
fixed the qualifications of memlicrs, no addi
tional qualifications can rightfully be required
by the State ; thus setting aside a law of a
sovereign State. The twelfth section of the
election law of Kansas requires as a qualifica
tion for a Delegate that he shall possess the
qualifications prescribed for voters. Those
qualifications are inhabitancy, payment of a
Territorial tax, and oath to supjiort the Fugi
tive Slave Law, and never having been fined
under the Fugitive Slave Act, in any court of
any State or Territory. This law j>erniits /-
diams who are uot citizens to vote, but prevents
white men. if they have ever been couvicted of
any violation of the Fugitive Slave Law,
44 whether such conviction were by criminal
4 proceeding or civil action for the recovery of
' any penalty prescribed by said act." Any
person that has been at any time so convicted
cannot vote in Kansas to-day, and is under her
laws ineligible as a Representative in Con
gress.
The Senator from Delaware, [Mr. Clayton]
whose bier has just passed to the church-yard,
iu speaking of this law iu the Senate Chamber,
with almost his dying breath, said :
44 I denounce this as an unjust and cruel law
1 against one section of the Union, ami an in
' suit to honorable men who differ totally with
4 me on great questions of politics, and yet are
' as honest as I am, or any man on this floor.
***** 1 hold this injustice to be un
• exampled. * * * Sir, it is a thing un
' heard of in the history of the country, that
' in the introduction of a Territory into the
1 Union as a State, or in the formation of a
' Territorial Government, you should require
4 men in the Territory to sw ear to support your
• acts of Congress."
Take. then, the law of Kansas, the certificate
of election of this Delegate, and the Constitu
tion of the United States, ami put them side
by side, and they fail to make out a prima fa
cie case : for they show that the election itself
was invalid, there being uo valid law under
which it could be held.
But, sir, in addition to the invalidity and
unconstitutionality of the legislation of Kansas,
there is still another reaon why this House
should not recognize it, for it would be giving
support and countenance to a mo<t odious des
potism ou American soil. Both branches of
Congress, at its la>t session, refused to appro
priate any money for its support, for the dou
ble reason that it was a usurpation aud a des
potism combined—a despotism that we are
asked to recognize after the recorded opinions
of its character, not only in the official acts of
both branches of Congress, but aLo by such
men as General Cass, Clayton, Bayard, Crit
tenden. Weller, and other Senators, who will
not be regarded, I trust, as fanatics. General
Cass, on the 2d of July last, said, on the floor
of the Senate :
41 There is uo doubt that sonic of the stat
' ute> passed by the Legislature of Kansas are
1 a disgrace t<> the age and th' country. [I re
' ]>eat the streng expression—' a disgrace to
' the age and the country.'] Such is my firm
' conviction. Heavy penalties are imposed, to
4 prevent the people from arguing w hat is al
-4 most a question of abstract right. Now, I
4 ak yon, how have the people of Kansas full
4 liberty to pass laws establishing their doines
-4 tic relations for themselves, if they are not al
' lowed to discuss them ? It is inconsistent
4 with the organic act."
I refer to the opinions of Senators Bayard
of Delaware, and Crittenden of Kentucky :
and certainly they will not lie charged with
s;>eciai fanaticism, coming as they do from -I ive
States, where this kind of fanaticism, for Free
dom and Free Territory, of which gentlemen
affect to be so much afraid, .does not prevail.
I summon tiiem to the stand, therefore, as coo! j
and dispassionate witnesses. In speukiug of
these laws. Mr. Bayard says :
44 There are certain of the laws of Kansas
4 which arc unquestionably, in tbemselves,shock
-4 ing to the moral sense. There are certain of
4 the laws of Kan<as that invade natural ri^rht. r
—Congressional tllobe. extra sessu a. Thirty
fourth ('"tigress, p. 30.
Mr. Crittenden say- ;
*• But. sir, you promised, in the organic law. j
' that these jwople should be left jwrfectly free j
4 to vote, and decide by their votes this ques
4 tion which you hare submitted to them : and
4 yet yon say you will not repeal that enenm
-4 brance on the right of suffrage, which actual
'Jy prostrates it. and renders it useless to an 1
4 hor.e-t and conscientious man. For instance,
4 yon impose an oath, as a condition prelinnina
-4 rv to their rotiwr, that they shall swear to
4 support this or that law .'V
Speaking of these laws. Mr. Weller, of Cali
fornia, used tliis language :
4 ' They are so infamous in their character,
4 that I am unwilling they should stand upon
4 the statute book of any of the Territories of
4 this Union. I iielierc tbev violate not only
4 the organic law, but the Constitution of the
4 United States." * * *
'• The Senate regarded those acts pa.-ed by
4 the Legislative Council of Kansas Territory
4 as not only unju-t in their character, ami op
• preisive upon the people, but in derogation
•of the organic law, end in violation of the
' Constitution of the United States. Some of
• these acts arc revolting to every feeling of
4 humanity." * * #
44 I ay. and T repeat, that such n law i<? an
4 infamous law."
And yet wr are Rsked to recognize this jV
famous legislation, which shocks the mora 1
sense, and is a disgrace to the age, by admit
ting its chosen representative, tiie same as if
he came under valid and jnst law.
It is the duty of Congress to see that the
rights of a people under its exclusive jurisdic
tion are protected, and especially that nil the
guarantees of its own law are secured to those
relying on its faith and authority ; and if the
Executive neglects his duty, as the present one
has, the people have no other mode of redress
than to appeal to you to shield them against
wrong perjietrated upon them by his negligence
or acquiescencCi And, sir, so far as my action
is concerned, I never will nphold or counte
nance a despotism anywhere on American soil.
Nor by any act of mine will I directly or indi
rectly give aid and support to it usurpation
anywhere on the rights and liberties of Ameri
can freemen.
Now, sir, I summon Mr. Clayton to the stand,
who served the Republic, in its high posts of
honor, through a long life, and, though dead,
still lives in the hearts of his countrymen. I
read from his almost dying declaration, utter
ed iu the Council Chamber of the Republic.
I call the attention of the House and the
country to his declaration as to the character
of the laws and Government of Kansas, which
we are now called ou to recognize by our ac
tion. At the last session of Congress, when
Mr. Whitfield was admitted to a seat as Dele
gate from the Territory of Kansas, the House
had not been officially informed as to the char
acter of the Government of that Territory, or
as to the mode aud manner of its formation.
It is true, we had what was considered, and,
as it was finally proven to be, authentic infor
mation ; but gentlemen thought they were not
justified, in the absence of official evidence, in
refusing to allow the usual oath of office to be
administered. But now, with official informa
tion of the fraud aud violence of the elections
that secured the legislation, we are asked to
re ognize this Government, which has been
thus characterized by some of the ablest men
of the Republic. Mr. Clayton, in speaking of
these laws, savs :
44 Now, sir, let mc allude to that subject
4 which L the great cause of all this discord
4 between the two Houses. The unjust, ini
' quitous, oppressive, and infamous laics enacted
4 by the Kansas Legislature, as it is called,
4 ought to be rej>ealed before we adjourn. *
4 What are these laws ? One of tlieru sends a
4 man to hard labor for not less than two years
4 for daring to discuss the question whether
' Slavery exist-, or does not exist, in Kansas ;
4 not less than two years—it may be fifty : and
4 if a man could live as old as Methnsaleh, it
• might be over nine hundred years. That act
4 prohibits all freedom of discussion in Kansas
'on the great subject directly referred to the
• exclusive decision of the {>eople in that Terri
-4 tory ; strikes down the liberty of the press,
4 too ; and is an act egregionsly tyrannical as
4 ever was attempted by any of the Stuarts,
• Tudors, l'lantagenets, of England, and this
4 Senate persists in declaring that we are not
4 to repeal that 1
4 ' Sir, let us tender to the nouse of Rapre
-4 sentatives the repeal of that and all other
' objectionable and infamous laws that were
4 passed by that Legislature. I inelude in this
4 denunciation, without any hesitation, those
'acts which prescribe that a tnan ?ha 11 not even
4 practice law in the Territory, unless he swears
4 to support the Fugitive Slave Law ; that he
4 shall not vote at any election, or be a member
4 of the Legislature, unless he swears to support
4 the Fugitive Slave Law ; that he "Miall not
4 hold any office of honor or trust there, unless
' he <wears to support the Fugitive Slave Law;
4 and you may a< well impose jnst such a test
' oath for any other and every other law.
44 I will not go through the whole catalogue
4 nf the oppressive laws of this Territory. I
' have done that before to-day. There are
' others as bad as these to which I have now
4 referred. * * * I will not, on the other
1 hand, ever degrade myself by standing for an
' instant by those abominable and infamous
' laws which I denounced here this morning.
• What I desire now is, that the Senate of the
' United States -dial! wash its hands of allpar
-4 ticipatiou in these iniquities, by repealing
4 those laws."
Such was the almost dying declaration, in
reference to the law s of Kansas, of one of the
ablest and purest statesmen of the It -public.
Let us heed his admonition, and wish our
hands nf all participate n i,> these iniquities.
W hat are the laws denounced in such strong
tonus by th se veteran statesmen and Ne-tors
of the Seuafe ? The very election law under
which this certificate is criven is one of them,
and the principal one. though there are other
section- of this code included, rhe following
among the number :
44 If any shall knowingly aid in bring
ing into, printing, publishing, or circulating,
' within tin- Territory, any book, paper, paniph-'
' leb magazine, handbill, or circular, contain
' tug any statements, arguments, opinions, sen-'
' tirnents. doctrine, advice, or iuuendo, calcu
' lated to province disaffection among the slaves
• in this Territory, or to induce such slaves to i
' escape from the rercice of their m i-tcr. he
' -liali be guilty of felony, and !e pnnihcd by
' imprisonment and hard labor for a term of
4 not less than five years."
41 If any free person, by speaking or by wri
' ting, assert or maintain that persons have not
'the fight to hold slaves in this Territory, or ;
4 shall introduce into this Territory, print, pnb
' lish, write, circulate, or cause to be introduced
' into this Territory, written, printed, publish
'ed. or circulated, in this Territory, any book.
' paper, pamphlet, magazine, or circular, con
• taining any denial of the right of persons to
• hold slaves, in tbi-Territory, such person shall |
' be deemed guilty of felony, ami punished bv
' imprisonment at hard labor for a terra of not
4 less than two rears."
What is the kind of punishment at hard la- •
bor provided by this code 1 .
SEC. 2 of ehoptrr 22. page 147, of Kansa- '
I.AW-. provides that
*' Every person who may ie by j
' any court of eompeten! jurisdiction, under j
' any la"- in force within this Territory, to pun-
VOL. XVI r.—NO. Qtf.
' ishment by confinement and hard labor , shall
' be deemed a convict, and shall immediately,
' under the charge of the keeper of such jail or
' public prison, or under the charge of such
' person as the keeper of such jail or public
' prison may select, be put to hard labor, as
' in the first section of this act' specified ; and
' such keeper, or other person having- charge of
' such convict, shall cause such convict, while
' engaged at such labor, to be stenrdy confin
' cd by a chain, sir feet in length, of not less than
' four-sirfecnlhs nor more them three-eighths of
1 a n inch link, with a round ball of iron, of not
'less than four nor more than sic inches in di
'a meter , attached ; which chain shall be se
' curely fastened to the ankle of such convict,
' with a strong lock and key. Aud such keep
' er, or other person having charge of snehcon
' viet, may. if necessary, confine such convict,
' while so engaged at hard labor, by other
'chains or other means, in his discretion, so as
' to keep such convict secure, and prevent his
'escape. And when there shall be two or
' more convicts under the charge of such keep
' er or other person, such convicts shall be fas
' tencd together by Strang chains, with strong
' locks and keys, during the time such convicts
' shall be engaged in such hard labor without
' the walls of any such jail or prisou."
It is these acts, and the test oaths of this
election law, that the Senator from Delaware,
rising above the prejudice of his section, de
nounces as becomes an American of the better
days of tlie Republic. Where in the auuals of
despotism anil wrong can you find an edict of
the tyrant, of blacker or deeper infamy than
those laws enacted ou American soil, aud re
cognized as valid by the Executive of the Re
public, and which we are now a>kc-d to recog
nize as giving to the people of the Territory
the rights guarantied by the Constitution of
their country ? Iu view of these acts, the
London Times truly declares that the enema
milks of Naples and Austria are reproduced in
the f 'ni'cd States of America.
Mr. Speaker, I have examined this election
law somewhat in detail, citing the provisions
which exclude from voting a class entitled, up
on every principle of justice and right, to the
exerci e, under this Government, of the elec
tive franchise. I have referred to the provi
sions of that law, which violates the organic
act passed by Congress, and subverts the dear
est rights of freemen guarantied by the Con
stitution of the Republic. I have read a des
cription of the legislation enacted in the Ter
ritory of Kansas, as given by men who cannot
be charged with partiality to my views, or
as holding fanatical opinions—men who pro
claim from the Senate Chamber that these laws
are infamous, oppressive and unconstitutional.
Under such laws, it is claimed that a Dele
gate, coining with a certificate based *u such
euactmeuts, presents such a prima facie case
as entitles him to a seat upon this floor ; and
that, too, after Congress has once adjudicated
the case, aud refused him a scat.
Without trespassing longer upon the patience
of the House, I leave this case, with a single
remark, that Congress being a judicial tribu
nal wheu it sits upon an election ca=e, its de
cisions are conclusive upou itself 011 the same
state of facts. The facts have not changed
since the last session. They are precisely the
same as they were then, and the same tribunal
i- now u-kc i to overturn its decisiou ; and to
overturn it for what? To recognize and give
validity, so far as can be doue by our action,
to an odious despotism, forced upon an uuwil
ling people by fraud and violence.
te?" An Eastern editor says that a man got
himself into difficulty by marrying two wives.
A Western editor replies bv assuring his
contemporary that a good many nmu in that
section have doue the same thing by marryiug
one.
A Northern editor retorts that quite a num
ber of his acquaintances found trouble enough
by ban ly promising to marry, without goii g
any further.
A Southern editor says that a friend of h's
was bothered enough by simply being found iu
eomp-. Ny with another man's wife.
£-4?- A youth of our acquaintance thus ex
perimented ou his mamma, who was making
bread, a few days since :
'• Mother, it strikes me you are lazy just
now.''
" Ilow dare yon say so ? Why, don't you
see I am making bread?' indignantly returned
the lady.
'• True, but that's neither more nor less than
loafii g."
The wit got no more hot cakes for several
day.-. He uiak> no suth pans since.
tea?- Ir i< estimated that the nombcr of-loo
kers in Paris i- 425.00 U. and that they con
sume anuually 157.400,000 cigars.
teiU A ladies searnta" skirt is advertised.
Good. Anything which will make them seem
less is welcome.
tes* A mason tried the other day to pur
chase a hen that would lay a brick.
ter* At a Fair down East, a re|K>rter gives
the toliowing iu the list of premiums : ' Hot
bed-comforter— Miss Tnoinpson."
fc*r- A stupid fellow being seen in a singu
lar attitude, stooping down with his head be
tween his legs, was asked the reason : to which
lie replied thai ue wished to see how the pain
at the back < f his head looked.
tea? < ieniiis light- its own fire, but it iseou
-tantiv collecting material- to keep alive the
tiainc.
Spare moments are like the jrokl<dut
of time. Of all portions of our life. -(* are mo
ments arc the most fruitful in good or eviV.
They are the gaps through which tempt:• tin
find the ?a- ; eA access to the garden ot t.r
:OUi. *