F 685 .P51 Copy 1 SPEECH HON. SAMUEL 0. PEYTON, OF KENTUCKY, ON THE KANSAS QUESTION; DELIVERED IN THE HOr.SE OP REPRESENTATIVES, MARCH 25, J 853. *^ ■■/>, >^_ WASHINGTON: MINTED AT THE OFFICE OF THE CONGRESSIONAL GLOBE. !858. k SPEECH Thfc Houpe heing in the Cf>mmilli'fi of the Whole on tlis ■ialc of the Union — Mr. PEYTON said: Mr. CHAmMAN: In coming before the corr»mit- lee to-day to present my views upon a quf^stion whicii has boen discussed for many daj's, I labor under considerable embarrassment; but, in what I have to say in regard#to this question, I shall give you my views frankly and candidly, and the reasons why I am in favor of the admission of Kansas under the Lecompton constitution. In order to make up a fair and just opinion on this question, it is absoiiiteiy necessary to trace u|) its history and origin; and to take not only the recorded evid(.nce, but the under curient, got from newspaper reports and eonver-sations had with va- rious persons, and bring all in as auxiliary testi- mony. I admit that this question is conyjlicated; that it admits of doubt; and I think that tjieonly way to arrive at a just conclusion in this matter, is to lay aside all party prejudices, and examine It with scrutiny, carefully and honestly. I have no doubt tliat thus we can come, to a just conclu- sion in regard to it. Now, sir, ten years apo I was a member of this House. After the passage of the. Missouri com- promise in 1820, peace and tratiquillity were re- stored to the country. But, growing out of the .Mexican war, we had acquired a largo extent of territory. A question then sprang up as lo what ream the first election of delegates to franii; it, until it was finally ratified by the people. Altliough the free-State party elected a majority of members to the Legislature in October, according to Calhoun's proclamation, and gave ten thousand two hundred votes against the constitution on the 4th of January, the ma- jority report of the Committee on Territories, when compared with the report of tin; minority, show clearly that there was fraudulent voting. Take these repoi'ts and examine them. You, will find, of the whole vote polled against the Le- compton constitution in. January, ninety-six hun- dred were polled in the registered counties, where the census showed that there were but ninety-two hundred and fifty voters, and where sixty-seven ■hundred had been given in favor of the constitu- tion on the Slst of December previous; and in these same counties the free-State party only gave for State officers, at the same election, some four or five thousand. There is strong evidence going to show that they carried over from the county of Lawrence, where they had a large surplus, to Leavenworth, and voted them in that county, and thus carried the State elections. Mr. Chairman, let us examine this constitution. "Oh I "say our friends around us," it should have been submitted." They say that when tlie people were called upon to vote, they were called to vote for the constitution with slavery, or for the con- stitution without slavery; and that the only ques- tion submitted was, whether the people should raise slaves without im|)ortation of new ones_, or Vhelher they should raise them and import them too. That i»an unfair statement of the question. I think the convention acted more prudently than they would have done if they had t'olh>wed the ad- vice of Governor Walker. What did he tell them ? He said: " Gentlemen, go on anci form yourconsti- tution; make it fi-ce; jirotect what slavesare in the Territory, and I have no doubt in the world but that it will be adopted by a large majority of the people of Kansas." What did they do? They followed Governor Walker's advice, except in one particular. They could not take upon themselves the responsibility of making it a free State; but they would do precisely as Governor Walker rec- ommended. They would make stringent provis- ions to protect what slaves were in the Territory, riiey would allow the men who owned slaves to be protected in their rights. What then ? Then, said they, instead of making it free, they would submit the slavery clause to the people. If the people struck out that slavery clause, then what? Then, that it should be a free State; with the ex- ception that the slaves in the Territory should belong to their masters until compensation was paid for them by the Legislature. I ask if there IS any solitary free-State man, who has any idea of doing justice to the South, who would be in favor of taking the two or three hundred negroes there without compensation ? What would be the 6 ponscquonce? It would raise a storm much more dangerous and perilous than the admission or re- jection of tin; Leconipton constitution would raise; Cor the southern men who went there with their slaves, under the Constitution of the United States, never expected to surrender them without com- pensation. It would be unjust to take them un- less compensation were made. It would be as much an act of injustice as if the slaves of Ken- tucky were set free by this Government without compcn.?ation. What did this Lecompton constitution say? Look at it as you please, and slavery is the only question of controversy which is involved. Strike .slavery out of the Lecompton consti- tution, and there would be no objection on the part of those who now oppose it. If there had been no slavery question, there would have been no trouble about Kansas. If those men of the North had wanted to do what was strictly right, and to make Kansas a free State, they would, in my judgment, have come forward and voted the slavery clause out. The Legislature had authority, by jiaying their owners a fair price for them, to emancipate the slaves that would be then left in the Territory. As just men, as men who desired peace, as men v/ho desired to live in harmony with their neighbors and brethren, ought they not to have come forward at first, and voted against the slave clause? Then pass a gradual emancipation law, as has been done in other States, or a law to pay the ov/ners a fair price for iheir slaves, which they had a right to do under the constitution, and thus make it a free State. But what are you now called upon to do ? You are called upon to turn round and say that those men who have refused from the start to submit to law, wiiohave organized their forces, and have their captains, their lieutenants, and otlierofficers, that those men who have threatened and forced the free-State Democrats to join them by abusing them and tlieir wives, and threatening to drive them out of the' Territory unless they joined them — I say you arc called upon to say tltht that party i.s right, and that the constituticm .should have been submitted to them, and that they should have iiad the opportunity to say vvhetlier they were in favor of that constitution or not. That is not, Mr. Chairman, the way, in my judgment,, in which a good government can be carried on. The object of law always is to protect the weak from the encroachments of the strong and the vicious. Here is a party — and there is no denying it — with a military leader. He has his men, and they have decidedly the advantage of the Federal troops. The Federal troojis have only the right to fight when necessary; but they have no right to vote. But General Lane and his men have both the right to fight and to vote. But they prefer to do neither. They kept up a great parade, kept themselves marshaled, and sallied out at one time to disturb one neighborhood; but as soon as they knew that the Federal troops were ordered out to punish ihem, they would l>c suddenly found in another place. Their whole object and aim from the be- ginnin^was to keep up a continual disturbance in the Tt.'rritory — not to vote, nor to oi'ganize a jieaceable government there, but to keep that country in continual turmoil. Now, the newspapers in "Kansas and in the northern Slates were filled with statements that the people of Kansas were down-trodden; that they were suffering wonderful afflictions from the border-rufllans; that they had been driven from the polls; and that they were denied the right of suffrage. What was the effect? The effect was to arouse a feeling of revenge in the bosoms of northern men. At the North they heard but one side, and that was that the people wlio had gone to Kansas from the North were down-trodden and abused; and hence it was that they were for see- ing tlumi placed right. Mr. Chairman, there is a radical difference be- tween the Democrats who stand upon the Kansas- Nebraska bill and the Republicans. The Repub- licans come out very boldly and honestly — and 1 .look upon the great mass of them as being as hon- est as anybody — and tell us that if Kansas were to come iierc by a very large majority of the 6ona fide voters of that Territory, wuh a constitution tolerating .slavery, they would notadniit her; that they look upon slavery as a moral and political evil, and^ that they do not intend to vote for the admission of anotiier slave State. Well, I do not know what that course will lead to, but ii is frank and open, and I admire it. But what do our Dem- ocrats say? In 1856 we m"t at Cinciiniati, and united upon a set of principles — a platform — one main feature of which was, that Kansiis should have the right to regulate her own social and do- mestic institutions, slavery included, in her own way. The presidential canvass was opened; and ihe Democrats of the North came forward, and upon every stump they repudiated the idea that the Legisl-ature of Kansas was not a legal Legis- lature. They spurned with contempt the reports then circulated, that Kansas was down-trodden and oppressed by the slave power. They said that thia matter was all a political trick; tliat it was all intended to open anew the wounds of bleeding Kansas in order to elect Fremont; that it was to e.'ccite the passions of the free-State peo- ple and to induce them to believe that the people of the South had been doing injustice, and ail this was done to enalde the North to elect their Re- publican candidate. But what tin some of the northern Democrats say now? They turn round and say that they were mistaken; that those men in Kansas were meek, and gentle, and pure men — ^just as pure aa they make men in Massachusetts; that they had been raised and educated in that city of morals and religion, Boston; that when they left, Massa- chusetts they were as pure as they could be. But I it seems to me there was an innate diabolical dis- ! position in their hearts, and as soon as they were brought into contact with the border ruffians they became more devilish than the border ruifians themselves. From the moment they entered the Territory they have kept up one continual dis- turbance, refu.sing to goto the polls to vote when called upon to do so. They were unwilling to take any constitution except the one whieii they niadeat Topeka; and that, too, in (h fiance of law. Now their friends come forward and say, "do not let us admit Kansas under this coiLstiiniion; it does not embody the will of ihe mnjoiity." How arc we to ascertain that will? If iliere are ten thousand voters iif Kansas, and .six thousand of them refuse to vott; on any occasion, how can you find out that the four thousainl who liave voted do not express the will of the majority ? It 18 a very common thing in some counties, where there is no contest, that men are elected by less than a one-third vote; and in a close contest in States and counties, the men elected, nine times out of ten, do not get a majority of the votes of the State or county. There are always a number of voters who do not go to the polls; ancf if their Votes were cast against the successful candidate, he would be defeated. Now, Mr. Chairman, what injurious effect would follow the admission of Kansas under the Lecomplon constitution? Some men say that the people there can alter their constitution biifore 1864, and others say they cannot. I am no law- yer, and do not propose to investigate that legal question. All I have to say is this: if they have the constitutional and legal rigiu to alter it, let them alter it. If they cannot, let them submit. This thing was not thrown upon them suddenly. They were fully advised of the consequences by Walker and Stanton; and they were told that if they refused to vote they must take the conse- quences. They did refuse to vote. The conven- tion met and the constitution was framed. That constitution is now presented. Congress ought, in my opinion, as anact of justice, leaving out the technicalities of law, to admit Kansas under that constitution.' I must confess to you tiiat I have but little sympathy for a parly that stands out stubbornly, and refuses to abide by the law; and lam perfectly astonished at my Democratic friends who come forward and preach up the purity and honesty of those whom, in 1856, they denounced as traitors and rebels. The question is not so much as to whether Kan- sas should be a free State or a slave State. But will our northern friends admit another slave State into this Union.' That is the question. If we are to be insulted, degraded, and equality in this Con- federacy denied us, we want to know it. The South should have confidence in the North; the North should have confidence in the South; they should have confidence that each would do justice to the other. In 1856, when we were in conflict with the American party, we told them that their whole party in the North was abolitionized, and that, if the South expected toget justice she must look to the Democratic party North. We held up the State conventions of the Democratic party, and the speeches of their leaders, in v/hich they stated that they intended to stand by the principle of non-intervention, by the principles of the Kan- sas-Nebraska bill, and that they regarded that act as just in all its parts. . Now, what did our friends ofthc American party say on that occasion? They said to us, your northern Democrats arc promising very fairly, but you will see how they will carry out those promises if the people of Kansas' recognize sla- very in their constitution. They .said that when our Democratic friends came to be called upon to vote on that constitution, the South would not have the support of a corporal's guard. We con- fidently believed otherwise; and I confidently be- lieve still, that we have enough patriotism and love of country left in the ranks of the Democracy to carry this question. We have lost some friends whose loss I regret exceedingly. The influence of that loss will be serious in tiie southern States. So far as party is concerned, it would be ten thou- sand time-s better that Kansas should be rejected without Democratic votes. Some of our friends are disposed to look upon these brother Demo- crats of ours, who vote against Lecompton, as having joined the Republicans. My judgment is, that wi! will have a hard fight in 1860 with the Republicans, and that we will need every one of these Democrats to help us. I am opposed to turning one of them out; I fear that some of them will go out themselves; but so far as I am con- cerned I am in favor of keeping every one of them that I can keep. My honest opinion about these Democrats is, that when they come to examine the whole ground in regard to this Lecompton constitution, if they believe that there has been fraud and wrong, and that there has been a gross violation of right in getting up this Lecompton constitution, it is their duty to vote against it. But before they cast their votes against it, there should not rest on their minds one solitary doubt as to the propriety of their course. They must be fully satisfied. They must make up their minds not as partisans and politicians. I know that when the Democratic party parts with a brother Democrat, it does so with reluctance. We have stood shoulder to shoulder; have fought the battle and won it; and it is with feelings of deep mortification and regret that v/e are com- pelled to part with them. But before they do vote against us, I ask them to examine the whole his- tory of this matter candidly and impartially; to lay aside all outside issues; and then, if they be- lieve that there has been a violation of right and of justice, it is their duty, I repeat, as honest men, to vote against this Lecompton constitution. Their act will make a serious impression upon us at tlie South. But, sir, mixed up with evils there i.s always some good. Wlien we go home and com- mence talkingaboutthisquestion,and when north- ern Democi-als are held u[) to derision, and their vote cast in our teeth, we can point to southern gentlemen in this House and say that we had not made all right at home; and that before we say a solitary word against northern Democrats, we ought to see that v/e ourselves present a solid and compact column. We should first make pure our own household before we turn round and criticise our neighbor's. That is all I .shall say on this point, for I am not at all accustomed to addressing public assem- blies. I have never before addressed a legislative body in my life. But, Mr. Chairman, I did not make up my mind o\\ this subject until I had given it a most thorough scrutiny; until I had viewed it in all its aspects calmly and dispassionately. That scrutiny has led me to the conclusion that it is right and just; that the interests of the Ameri- can people require the admission of Kansas into the Union, in order to restore peace and quiet to that Territory. Now, Mr. Chairman, if you refuse to settle this Kansas ditficulty at this time, what will be the result? This Topeka party will, in all probability, have the ascendency, and they will liberate every solitary slave in the Territory. What then? Do you suppose these Missourians will submit to it? Not at all They will never submit to it. The troubles of the Territory will begin anew, and be kept up until 1660. The Democratic party now desire to put down the Re|)ublican parly. They desire to keep a Re- publican out of the presidential chair in 1860, be- LIBRARY OF CONGRESS cause, if he once gets there, there will be danger. If you send this constilution back to Kansas wiih- out ratification, there is danger that the excite- ment may go on until it produces bloodshed and border war; and the difficulty will not be si;ttled before 16W), if then. Admit Kansas into the Union, and what will he the result.' There are not a great many negroes there; there will not be a great many there before 18G0; and besides that, her Legislature has the right, under the con- stitution, to pay fur the negroes, and then make ' ita free Slate. Would itnot beagreat deal better to contribute thus; would it not be better to raise the necessary funds, even by contributions.' I myself would contribute tov/ards the purchase of the slaves v/ho are there, if they want to make it a free State. That is the way to make peace in the country. The constitution which we liave before us is just in all its features. It is a good constitution. The only ditticulty about it is the slavery ques- tion. But, if there is not a majority of tlie peo- ple there in favor of slavery they are not going to have slavery there. This constitution cannot force slavery upon a free people if they do not want it; nor can they make a Territory or State free if its people want slaves. The only way, in my judgme)it, to restore peace in Kansas is to admit her into the Union with her constitution, iind then allow the people there to settle their af- fairs in their own way. The moment you give her a constitution, and leave the people to take care of themselves, tliey will regulate their own affairs, and peace and quiet will be restored. If they want a free State, they will make it free. If they want a slave State, there is no power in the North or in Congress to make it free. The great question upon which the South insists with so nmch pertinacity is this: Democrats of the North, will you vote to admit a State into the Union with a constitution recognizing slavery' Satisfy the South that you will do Justice by her, and God forbid that we should ask for more. If they could be assured that you do not vote against the ad- mission of Kansas into the Union because the constitution has slavery in it, they would be sat- isfied. 016 088 971 8, But, Mr. Chairm moment this const telligence goes forth nvci mc .tmu, o-.u. ....... ...v,.. will say that northern Democrats have refused the constitution of Kansas because it had sla- very in it. They will go upon the sUimp and vin- dicate the South against the usurjiation. They can show more facts why Kansas should have been admitted than any man can shov/ why she should not be admitted. The South is already united upon this question; she marches in a solid column. , I say, therefore, to northern Democrats, that unless you believe it is your imperious duty, unless you can see clearly that there has been ; fraud, unless you can see that the will of an hon- i est people has been violated — for if they be a dis- j honest people they have no rights — I say, that I unless you can see clearly that the will of the law- j abiding, honest people has been overridden, do not reject this constitution. If you do so believe, ] then you must vote as your duty requires. I In regard to my Republican friends, ail I have I to say is just this: my own judgment about the I whole matter is, that you men of the North are not really so solicitous whether Kansas shall be a ! free or a slave State as you are about the loaves j and fishes — as you arc about the election of the ; President of the Uniitd States. But, if you do : not design the final and speedy overthrow of this j Government, what, I ask, are you doing.' It is ! apparent to everybody who looks over tliis House, I that you are sowing the seeds of discord among I our people. There is now, between the North ! and South, a feeling of distrust; a want of confi- i dencc; a belief that the North is not prepared to ; do the South justice. If you continue to go on I and nourish this feeling — if you widen the breach, \ it will, before many yiars, growinto hate. Now, sir, the stability of our Government is dependent upon the aftections of tlie American people, and I upon their intelligence. Destroy the affection of I the people for the Government, excite jealousy ' and distrust between the North and South, and I I tell you there is not power or patriotism enough j in the Union to hold the Government together, 1 [Here the hammer fell.] LIBRARY OF CONGRESS 016 088 971 8