tsuJjuL jJuixJluTyu ccuQjL cnr 
 
Class. 
 Book. 
 
 UL 
 
SPEECH 
 
 OF 
 
 HON. W. H. ENGLISH, OF INDIANA, 
 
 ON THE' 
 
 RESOLUTION REPORTED BY THE COMMITTEE OF ELECTIONS IN THE CON- 
 TESTED-ELECTION CASE FROM KANSAS TERRITORY. 
 
 DELIVERED 
 
 IN THE HOUSE OF REPRESENTATIVES, MARCH 18, 1856. 
 
 WASHINGTOiV: 
 
 tUlNTED AT THE CONGRESSIONAL GLOBE OFFICE. 
 
 1856. 
 
rs-f 
 
KANSAS CONTESTED ELECTION. 
 
 The Resolution from the Committee of Elections risking 
 for power to send for persons and papers in the Kansas Elec- 
 tion case being before the House for consideration — 
 
 Mr. ENGLISH said: 
 
 Mr. Speaker: I had intended to address the 
 House upon the pending question, but it has 
 been so ably and thoroughly discussed by the 
 gentlemen who have preceded me, that I am but 
 little inclined to speak now, and shall not do so 
 at any considerable length. 
 
 1 know that the minds of gentlemen here arc 
 fully made up, and I shall therefore be content 
 to indicate the votes I shall give, and some of the 
 reasons that influence me — reserving the usual 
 privilege of enlarging upon these views should 
 my remarks be written out for the eye of my 
 constituents. 
 
 Sir, what is the nature and character of the 
 question under consideratioii? It is a contest for 
 a seat upon this floor as Delegate from the Terri- 
 tory of Kansas, wherein A. II. Reeder is the 
 claimant, or contestant, and J. V/. Whitfield the 
 sitting member. We are called upon to decide 
 legal questions, and to act as a high court of jus- 
 tice, whose decision is final, rather than in a legis- 
 lative capacity; and we arc certainly to regard 
 dearly-established principles of law and evidence 
 as well as time-honored precedents. 
 
 At the time of the organization of the present 
 Congress, Mr. Whitfield appeared, produced his 
 credentials, (wiiich were in due form,) received 
 the oath of office, and took his seat as a Delegate 
 upon this floor. He was, prima facie at least, as 
 nuich entitled to a seat as any gentleman here. 
 Upon the face of the papers he was the duly- 
 fdectcd Delegate — was certified to be such by the 
 Governor — was chosen at an election held under 
 authority of a law passed by the Kansas Legis- 
 lature, the members of wiiich were elected in 
 pursuance of the act of Congress organizing that 
 Territory. No one can dispute, therefore, that, 
 as the case now stands, he shoivs a regular chain of 
 title, and a perfect right to his scat; and that it de- 
 volves upon those who contest this right, to disprove 
 his title by competent proof, in the manner prescribed 
 by laic, and in accordance with the usages of this 
 body. 
 
 A. H. Reeder is the gentleman who contests 
 the seat, and upon his memorial the Committee of 
 Elections have asked for unlimited power to send 
 for persons and papers, and this is the immediate 
 question before the House. It is proper to remark 
 that, at the election held pursuant to the act of the 
 Kansas Legislature, Mr. Whitfield received two 
 thousand nine hundn d votes, and Mr. Reeder 
 but thirty-six — the whole number of votes polled 
 being less than three thousand. The latter does 
 not claim to have been elected at that time, nor 
 does he pretend that all the votes cast for Mr. 
 Whitfield were illegal. He alleges that some hun- 
 dreds of them were illegal, but does not contend, 
 nor does any of his friends, that any other per- 
 son received more legal votes at that election than 
 Mr. Whitfield. If Mr. Wliitfield had received 
 but one hundred legal votes, and that was the 
 highest number of legal votes any individual re- 
 ceived, he would still be clearly entitled to the 
 seat. Mr. Reed<r claims to have been elected at 
 another time; and, although he says he received a 
 majority of the legal votes, he does not s;\y, and 
 cannot say, it was at an election authorized by 
 any law. The truth is, it was an irregular and 
 unauthorized gathering of the people without any 
 legal sanction whatever. 
 
 Now, sir, let us look a little into the merits of 
 this clanri to a seat set up by Mr. Reeder; an([ 
 in doing so I begin by laying down a v/ell-knowu 
 principle of hiw and equity which is entirely ap- 
 plicable to this case, viz: ihiU the claimant must 
 rely upon the strength of his ovn case, and not upon 
 the iccakness of his adversary. As the lawyers say, 
 he must come into court with clean hands, and can- 
 not be allowed to lake advantage of his oicn wrong. 
 Let us apply these plain and just legal principles 
 to Governor Reeder "s claim. He says the^Le- 
 gislature that passed the law under which Whit- 
 field was elected was spurious, and the law tliire- 
 fore void; but at the same time he does not pre- 
 en td that the election when he was chosen was 
 tiuthorized by any law whatever. According to 
 his own version, then,Whitfield's claim is better 
 than his own, because the election was held under 
 the color of law; whereas his own was held 
 without the shadow of legaJ foundation, and in 
 defiance of all law. 
 
But it is said thnt outrages wore perpetrated 
 in Kansas, and that bodies of armed men, from 
 the Slate of Missouri, invaded that Territory at 
 tlie time members of tiie Legislature were eliosen, 
 and by fraud and violence carried the election, 
 and that, therefore, the nets of that Legislature 
 should have no validity. Well, let us see, if these 
 outrages have been perpetrated, how far Gov- 
 ernor Reeder is responsil)le for them, and what 
 right he has to question the legality of the Legis- 
 lature. 
 
 He was appointed the first Governor under the 
 act of Congress organizing the Territory, and 
 was intrusted, by the law, with every power 
 necessary to establish the government, and main- 
 tain law and order in the community. For the 
 time being he was, for all practical purposes, 
 " THK State," and sliould be hi'jd strictly ac- 
 countable for liis acts, whether th(^y were of 
 commission or omission. Amongst other pow- 
 ers vested in him the act of Congress provides 
 that— 
 
 " Previous to the first election, the Governor ?liall cause 
 a census or onunicration of the inhabitants and qualified 
 voters ol'tlie several counties and districts ol'the Territory, 
 to be taken by such persons and in such mode as the Gov- 
 ernor shall designate and appoint, and the person so ai>- 
 jiiiinted shall receive a reasonable compensation therefor. 
 And the first election shall be held at such time and places, 
 and be conducted in such manner, both as to the persons 
 who shall superintend such election and the returns Ihere- 
 (;;", as the Governor shall appoint and direct ; and he shall 
 at the same time declare the number of members of the 
 Council and House of Ilepresenlatives to « hieh each of 
 the counties or districts shall be entitled under this act. 
 U'lie persons liavinj; the hiulusi nninber of le;^al votes in 
 each of said Council districts Ibr members of the (Council 
 (shall be declared by the Governor to be duly elected to the 
 Council; and the persons haviuff the highest number of 
 K'Sal votes for the House of Uepresentalivi^s shall be de- 
 clared by the Governor to be duly elected members of said 
 House," &.C. 
 
 Now let us sec how Mr. Roedcr, clothed with 
 this high public trust, discharged the duties which 
 devolved upon him. Having a giant's strength 
 in wielding the destinies of the 'territory, let us 
 sec whether he used it honestly and faithfully. 
 The story is told in an official communication "to 
 this House by the same President who conferred 
 upon him the apiiointuicnl: 
 
 •• The Governor of the 'I'crritory of Kansas, commissioned 
 on June 29, ItsVl.did not reach the designated seal of his 
 Govcrnmeut unhl the 7lh of the ensuing October, and even 
 then failed to make the first step in its legal organization, 
 that of ordering the census or eninneration of its inlialiitants, 
 until so late a day, that the eleelion of the mi'mbers of the 
 Jjcgislati ve .\sst'inbly did not take plaee until ^hircli 'M, 1605, 
 nor ils nu-eting initij July i, lt\M. t^o that, for a year after 
 the Territory was constituted by the act of Congress, and 
 the orticcrs to be appointed by the Federal Executive had 
 been eommissloned, it was without a complete government, 
 without any legislative aulhorilj, wilhout loeal law, and, 
 of course, without the ordinary guarantees of peace and 
 jniblie order. 
 
 " In other respects, the Governor, instead of exercising 
 constant vigilance, and putting forth all his energies to pre- 
 vent or counteract the tendencies lo illeyalily, which arc 
 prone to exist in all imperlectly-organi/.ed and newly-asso- 
 ciated conununilies, allowed liis attenlion to be diverted 
 from ollieial obligations by other objei-ls, and himself set 
 an example of the violation of law, in tin' performance of 
 acts which rendered it my dul) in the sequel to remove 
 )u'm from the office of chief executive nuigistrale of the 
 Terrirory." 
 
 We have already seen that the law made it his 
 imperative duly to cause a list of the qualified 
 voters in the Territory to be made out; that he 
 was to fix on the time and places for holding the 
 election, and the manner of conducting the same, 
 
 both as to the persons who should act as judges, 
 and the forms of returns; that ho was lo examine 
 these returns, and to decide who had received a 
 majority of leral votes, and to certify that such 
 per.ions were duly elected. 
 
 Another portion of the law provides, substan- 
 tially, that the persons thus certified to lie "duly 
 elected" by the Governor, shall constitute the 
 Legislature of the Territory, and have power to 
 determine " all rightful subjects of legislation." 
 
 Now, an examination of the admitted facta 
 shows that the election was held under Governor 
 Reeder's proclamation fixing thetiuK' and places 
 — that he prescribed the rules and regulations for 
 conducting the election — appointed the judges, 
 who were sworn under his direction — that the 
 returns were sent to him, — and that, with full 
 power to decide justly and knowini^hi between the 
 different candidates, he examined the returns — 
 refused to issue certificates of election in some 
 cases, but decided to issue them in others — that 
 the number of persons who appeared to have 
 received a majority of "legal votes," and were 
 certified to be " duly electecl" by the Governor, 
 amounted to a large majority of both branches of 
 the Legislature; and tliat, in fact, there were but 
 nine cases of tilleged illegality, and that even in 
 these cases he ordered a new election, and sub- 
 sequently issued certificates to the persons chosen 
 at said second election. 
 
 Sir, it was his duty, as the Chief Executive of 
 tltc Territory, and sworn guardian of the law, to 
 refuse certificates to those who were not duly and 
 legally chosen Representatives by the people. If 
 the riglits of the actual residents of the Territory 
 were invaded by armed bodies of men from Mis- 
 souri, and if the elections were carried by fraud 
 and violence, he iras the man, and (hat iras the time 
 and the place to rebuke it; and yet we hear not one 
 word about the illegality of the elections in any 
 othiT than the nine contested cases before men- 
 tioned, until some five or six months afterwards, 
 and not until he had been removed from office by 
 the President, and had united his fortunes with 
 the emigrant aid society; and it will not now do 
 for him to say that, during all this time he was 
 ignorant of the things he now alleges to be true 
 in reference to the legitimacy of the Legislature. 
 Can he conn' forxvard noxv,and say that thisxvas 
 no Legislature — that the nienil)ers were usurpers, 
 and without atitliority to enact laxvs, in the x^ery 
 face of his oxvn certificates as a sworn public 
 officer, that more than two thirds of them xvere 
 " duly elected?" Could any position be inon^ 
 absurd .' And yet lie must assume it, or entirely 
 fail to make out his case. 
 
 We not only find that he certified to the legiti- 
 macy of their election, but tliat he issued his 
 proclamation convening them, as the regular au- 
 thorized Legislature, at Paxvnee City, July "2, 
 1855. This, mark you, xvas more than three 
 months after the election. Surely he did not 
 xvant more than three months to find outxvhether 
 they xvere spurious. If sjnirious, xvhy did he 
 convene them.' and xvhy, xvhen they had met, 
 and organized in the usual parliamentary form, 
 did he address a mess;ige to them, as the reguhir 
 h>xv-making poxver of the Territory, suggesting 
 various sulijects xvhich ought to be legislat'd 
 upon; and, among otliers, this very one for the 
 clcclion of a Delegate to Congress ? He now 
 
comes here, and charges these men with being 
 usurpers, and that they had no right to k>gislate 
 upon a subject whicli he had specially invited them 
 to consider in his message. How, as an honor- 
 able man, can he do these things ? 
 
 It is true that he finally got into a quarrel with 
 the Legislature; but the ground of that quarrel was 
 their adjournment from Pawnee City, where he 
 had convened them, and where he was largelfi inter- 
 ested in real estate, to Shawnee Mission. He did 
 then deny the legality of laws enacted at the latter 
 place; but, as the propriety of removal would seem 
 to be " a rightful subject of legislation," such as 
 the act of Congress reft'rred to the decision of the 
 Legislature, I am at a loss to see the force of his 
 objections; and especially, in view of the addi- 
 tional fact, that the supreme court of the Terri- 
 tory has decided that such adjournment did not 
 invalidate the laws enacted after the removal. 
 
 It will be observed that, even during the pend- 
 ency of this quarrel, the Governor did not dispute 
 the legality of the election of the members, but 
 only their right to adjourn from one place to an- 
 other. I have exammed carefully without being 
 able to find that the question of the legality of 
 the election was ever raised during the whole of 
 his official term. I feel confident it was not. It 
 was his place to guard against fraud and violence, 
 and to protect the purity of the ballot-box. In 
 the absence of any proof to the contrary, we are 
 bound to presume that he discharged his duty. 
 But we have more than this presumption. We 
 have his positive authority for saying that two 
 thirds of that Legislature were " duly elected" — 
 more than sufficient to constitute a quorum and 
 transact business — and we know that it devolves 
 upon every legislative body to judge of the elec- 
 tion returns and qualifications "of its own mem- 
 bers. If the alleged outrages were perpetrated, 
 then the conclusion is irresistible that the Gov- 
 ernor basely betrayed the trust reposed in him as 
 a sworn pubhc officer, in not denouncing them 
 when they occurred; in certifying flilsely to the 
 election of members, and in recognizing, as the 
 regular law-making power of the Territory, a 
 body of men whom he now denounces before the 
 country as " border ruffians" and usurpers. 
 
 Are we now, at great trouble and expense, to 
 send for pei-sons and papers to prove the falsity 
 of his own official acts as they stand upon the 
 public records of the country? If his official acts 
 arc to b(.' regarded as evidence, then the Legisla- 
 ture of Kansas was a legal body — the act under 
 ^-hich General Whitfield was elected is valid, 
 and the claim of Governor Reeder to the seat is 
 wholly unfounded, and unworthy the serious 
 consideration of this House. 
 
 It will be seen that the great point pressed by 
 Governor Reeder's friends, is the alleged illegality 
 of the laws passed by the Kansas Legislature; 
 and yet, it is a little remarkable that at the same 
 time the Black Republican Committee of Elections 
 are urging that the laws passed by that body are 
 entirely void, the Black Republican Committee 
 on Territories have brought forward a bill to re- 
 peal them. If the laws are already void, pray 
 where is the necessity of repealing thi;m by an 
 act of Congress .' Was it a spurious Legislature, 
 and the law under which Whitfield was elected, 
 void.' This is made the all important question 
 by Governor Reeder; but, unfortunately for his 
 
 case, there are two things ^v4lich must, like Ban- 
 quo 's ghost, forever rise up in judgment against 
 him, and will not down at his l)idding, viz: His 
 solemn and oft-repeated recognition of the Legis- 
 lature's validity, and the undisputed fact, that the 
 election under which he claims the seat was held 
 without any authority of law whatever. 
 
 Sir, I do not choose, on this occasion, to go into 
 the question whether we would not be justified, 
 vuider certain circumstances, in inquiring into the 
 validity of the election of members of the Kansas 
 Legislature, nor as to the point whether the act 
 of a Legislature chosen, as our friends on the other 
 side allege this to have been, could be made valid 
 by the recognition and acquiescence of the Gov- 
 ernor of the Territory. I am speaking of this 
 case at present, as between the sitting member and 
 the gentleman who claims the seat; and my mind 
 has arrived at the conclusion that the claint of the 
 latter is without a shadow of foundation, and 
 that it would be inadmissible even if all his ma- 
 terial allegations were supported by competent 
 proof. 
 
 There is no reason, therefore, as far as his claim 
 is concerned, that I should vote to send for per- 
 sons and papers; and, even were his claim more 
 tenable, I should be justified in m)-^ vote, on the 
 ground that it would be a departure from the 
 usages of this body and the law of Congress ia 
 reference to contests of this kind. 
 
 In 1851, Congress passed a law " prescribing 
 the mode of taking evidence in cases of contested 
 elections." Why did not Governor Reeder pre- 
 pare his case, and present it to Congress with the 
 evidence as the law required? He gave Mr. 
 Whitfield written notice of his intention to contest 
 the seat, and stating times and places when he 
 would take the depositions of his witnesses, thus 
 showing that he had a knowledge of the require- 
 ments of the law. If he did take these deposi- 
 tions, asit was his duty to do, and as he informed 
 his competitor he would do, where are they, and 
 why are we called upon now to grant a commit- 
 tee of his friends t]w extraordinary power of send- 
 ing to distant r;gions for persons and papers ? 
 
 Mr. Speaker, I do not wish it to be understood 
 that I am opposed to all investigation of Kansas 
 affairs, because I hold an investigation in the man- 
 ner proposed by the committee, to be unnecessary 
 for the proper consideration and decision of this 
 contested election. 
 
 I know that it is charged upon this side of the 
 House that we are afraid to have the facts exam- 
 ined — that we wish to shut out the light, and to 
 stifle all investigation. The charge, so far as I 
 am advised, is without any foundation. It is 
 believed, on this side, that it is not needed in the 
 decision of the present question; that if evidence 
 is required, it should have bi'cn procured and 
 brought here by Governor Reeder in the manner 
 prescribed by law; and that if a further investiga- 
 tion is desirable, it should not be conducted under 
 the auspices of a partisan committee, in the man- 
 ner proposed. This, sir, is the position we occupy, 
 and I am not afraid to maintain it before an intel- 
 ligent constituency. For my own part, I believe 
 that these Kansas troubles have been exaggerated 
 and magnified a thousaiul-fold; and I should, as a 
 matter of policy, if for no other reason, be willing 
 to have an investigation, and all the evidence 
 taken the parties desire, provided it could be fairly 
 
dono, and with a prrrpor rogard to economy. As 
 proof of my willingness to do this, I am ready to 
 vote for tiic proposition subtnitloti by iho gontle- 
 nuin tVuni Mississippi, [Mr. Ben'kf.tt,] which { 
 provides — | 
 
 "That Joseph H. Bradley and Pidnoy S. Baxter, Esqs., 
 of the city of VVashiii^tnii, be, and they are hereby, up- ! 
 piiinted commissioners lor and on behairof Ibis House, to ' 
 taku depositions and ol)taiti process by taking copies of all 
 such documents as may he desired by either party, or their 
 ngent-: or attorneys, in re};ar<l to the contested seal of Hon. 
 .Mr. Whiilield, as' IJele^ale lor Kansas, under the petition 
 of lion. Mr. Ueeder; that said Bradley and B.ixter l)e, and 
 tiiey are lii-reby, clothed with full power to adopt all need- 
 ful means to elicit clear and full proof upon all points which 
 the parties respectively may submit to them as Ihets they, 
 or either of them, de.-ire to establish or controvert; that 
 tJiey shall j;ive to the parties respectively writli'n and rea- j 
 po.'iable notice of the time and place at v\l;icli they will be 
 ready to proceed in takin-: such depositions, and may ad- 
 journ the same to other times and jilaees as, in their judj- 
 inent and discretion, will tend to the full and perfect elicit- 
 ing of llie truth toucliin;; all such controverted matters ; and 
 lliai, when they shall have completed their labors, they re- 
 port the same to this House." 
 
 The gentlemen mentioned are distinguished 
 lawyers of this city; and, as far as I have heard, 
 not objectionable to any portion of the House. I 
 nm not tenacious, liowever, as to the men, and 
 am willing tliat any other names may be substi- 
 tuted, provided they are gentlemen of integrity, 
 of proper legal attainments, and not partisans or 
 prejudiced in reference to the case. What more 
 can gentlemen upon the other side ask ? If they 
 are sincere in wishing this matter fairly investi- 
 gated, and with due reference to economy, let 
 them come forward in support of this proposition, 
 and not thrust in its place a plan which gives the 
 investigation a parly character, and which is 
 highly objectionable to us for that and other rea- 
 sons. If gentlemen upon that side expect us to 
 aid in conferring this unlimited power upon the 
 committee, they will be very much mistaken. For 
 one I will never do it. That committee is com- 
 posed mainly of my political opponents — gentle- 
 men whose extreme views are well known to the 
 country. We know whnt to expect from a com- 
 mittee thus constituted. 
 
 I do not want to minister to the sickly sen- 
 timentality which unfortunately prevails in cer- 
 tain localities in reference to tlie institution of 
 Blavery. I deeply dephire tliat the admonitions 
 of the'" F(/^//('r of his Country^' are seemingly so 
 Boon forgotten, and that so strong a tendency 
 prevails to form parties purely of a sectional char- 
 acter. I will not encourage this spirit of section- 
 alism. I am for the Conslitntinn,i\ui\ the Union, 
 and will not trample upon the rights of any por- 
 tion of the Confederacy. 
 
 I do not believe the Black Republicans desire 
 peace, and doubt whether they would even restore 
 the Missouri compromise if tiiey had the power. 
 IVhal they do ivant is agitaliou and political capital 
 to keep themselves in power, and prostrate the 
 supporters of the Nel)raska bill. I shall not give 
 them a chance to gather ammunition, through the 
 agency of their election committee, if I can pre- 
 vent it. I am aware of the love these gentlemen 
 have for a Nebraska Democrat. I liave felt their 
 •'loving kindness," and think I know them. 
 Why, sir, grant the power asked, and one half 
 the dissatisfied spirits in Kansas will be brought; 
 here to give eviurnce — to say nothing of Free- 
 Soil zealots, and " willing witnesses" from other , 
 quarters — aiirf all at the expense of the United Stales. I 
 
 I am informed that the list of witnesses one party 
 has already made out contains seventy names, 
 most of whom reside a distance of fifteen hundred 
 or two thousand miles. When I consider the 
 large number of witnesses which would be brought 
 here, the great distance many of them would have 
 to travel, the immense tax it would be to the 
 Treasury, the bad feelings that would probably 
 bo engendered, and the little practical good to be 
 attained, I am really surprised that the proposi- 
 tion sliould meet with favor in any quarter. 
 
 For like reasons I cannot vote for the ]>roposi- 
 tion of my eloquent colleague from the Madison 
 district, [Mr. DcNx,j that three members of the 
 House shall be appomtr'd by the Speaker, to col- 
 lect evidence, and inquire nito " all violent and 
 tumultuous proceedings" in Kansas. Itisoltjec- 
 tionable to me for several reasons. In the first 
 place, I am unwilling to place the selection of 
 these commissioners in the hands of the Speaker; 
 and I must say, after the violent opposition of 
 my worthy colleague, and the intimations thrown 
 out by him in the earlier periods of the session, 
 that I am surprised he should bring forward such 
 a proposition. Has he discovered that " Cresar" 
 is a better man, ailer all, than he took him to be, 
 and more entitled to confidence .' I know that my 
 distinguished colleague never acts without suffi- 
 cient reasons, but it is my misfortune upon this 
 occasion not to be able to sec them. 
 
 Now, for my own part, although entirely op- 
 posed to the political views of the Speaker, I have 
 never Ijelieved half the bad things said of him, 
 and really consider him the best presiding offi- 
 cer in the Efaek Republican ranks. I know it 
 was gravely announced in leading newspapers in 
 Europe, that we had elected a black man to be 
 Speaker, and I felt indignant when I read it. The 
 mistake was in attributing a color to the person 
 which might, with some propriety, be applied to 
 his principles. It is bad enough in all conscience 
 to be a Black Republican; and it is because he ia 
 such, and has such strong Free-Soil proclivities, 
 that I am unwilling to place this power in his 
 hands. He was elected upon that issue, and in 
 the formation of committees has shown a determ- 
 ination to favor the views of his party to thfi 
 utmost extent of his power. A commission, em- 
 anating from that source, would be nothing more 
 than a second edition of the Committee of Elec- 
 tions, abridged in numbers, but in nothing else. 
 Besides, it is not a partial investigation, by par- 
 tisan me'inbcM's of C(>ngress, (and we are all party 
 men,) tiiat will satisfy the country. 
 
 These, however, arc not my only objections. 
 My colleague sets out with an appropriation of 
 $16,000 to defray the expense of his commission; 
 but will he stop at that.' I ajiprehend that sum 
 would hardl)'^ pay the cost of printing the evi- 
 dence and report, which cannot fail to be vol- 
 uminous. It will probably embrace a little of 
 everything; for the commissioners arc not only 
 to collect evidence in reference to the pending 
 question, but in regard to " allviolcnt and tumult- 
 vous proceedings in that Territory." There is no 
 limit to the powers proposed to be conferred; 
 and they have just as much right to consume 
 time and the money of the Government in exam- 
 ining into a row over a squatter's claim, a dog 
 fight, or a whisky jug, as in reference to this 
 contested election. Isthatri^ht? Sir, it would 
 
not only be in their power to examine into such 
 things, but would seem to be their imperative 
 duty. What says my colleague's proposition? 
 
 "Tlu'ysKaU fttUji iiivcstijiiito and t:ik(' proof of aH violent 
 and tuiiiultniius |i'r(p<Ti(liii'^s in said ' V nritory at a7iy time 
 since tlie piissaj;'' of tlip K.in.sas-Ni-biaska act." 
 
 Free-and-easy characters, with rather belligerent 
 qualities, are to be found in all now countries; 
 and, unless Kansas is a remarkable exception, 
 these commissioners, if they do all that is required 
 of them, will certainly have their hands full. 
 Perhaps it is with a view to this extensive range 
 of examination that they are to have power to 
 appoint an unlimited number of clerks, assistant 
 sergeants-at-arms,iS:c. "Thatthey be authorized 
 to employ one or more clerks, and one or more 
 sergeants-at-arms;" such is the language of the 
 resolution. What nice places these would be for 
 correspondents and sub-editors of Black Repub- 
 lican newspapers, and all to be paid out of the 
 pockets of " Uncle Sam .'" What attention would 
 a report from such a source receive at the hands 
 of the people? What faith would they have in 
 it? Sir, I submit that in these exciting times no 
 examination and report in relation to this matter 
 will command the respect and confidence of the 
 country if conducted by members of Congress 
 or mere politicians. The jilan of my colleague 
 and of the Committee of Elections are alike ob- 
 jectionable upon that ground; and also because 
 they involve an unnecessary expenditure of the 
 people's money — an expenditure, in my judg- 
 ment, not called for by the occasion. On these and 
 other accounts I shall vote against both the propo- 
 sitions, and must adhere to the plan I have already 
 indicated. 
 
 In order that it may be seen whether I have 
 correctly represented my colleague's proposition, 
 I will submit the whole of it. Hear it is: 
 
 Resolved, That a committee of three of the members of 
 this House, to be appointed by the Speaker, shall proceed 
 to inquire into and collect evidence in regard to the troubles 
 in Kansas generally, and particularly in regard to any fraud 
 or force attempted or practiced in reference to any of the 
 elections which have taken place in said Territory, either 
 under the law organiziiij said Territory, or under any pre- 
 tended law whicli may !»■ alleged to have taken efiecttlierein 
 since. That tin y sliall liiUy investigate and take proof of 
 nil violent and tumultuous proceedings in said Territory, 
 at any time since the passaur of the Kansas-Nebraska act, 
 whether engaged in by residints ol' said Territory, or by 
 any person or persons from elsewhere going into said Ter- 
 ritory, and doing, or encouraging others to do, any act of 
 violence or public disturbance against the laws of the United 
 States, or the rights, peace, and safety of the residents of 
 said Territory: and for that purpose said committee shall 
 have full power to send for and examine, and take copies 
 of all such papers, public records and proceedings, as in 
 their jiidgiiient will be useful in the premises; and, also, to 
 iiiMid ibr persons, and examine them on oatli, oraliinnation, 
 n-s to iii.Klirs within their knowledgrt, loueliing the matters 
 of said iiiv(!siigati(iii; and saiil eommitt(M!,by their chairman, 
 shall have [)ow(r to adutiiiisler all necessary oaths or affirma- 
 tions ecjuneeted with their aforesaid duties. 
 
 Hesolvcd further, That said committee may hold their 
 investigations at such places and times as to tliem may 
 seem advisable, and that they have leave of absence from 
 the duties of this House until they shall have comiileted 
 such investigation. Tliat they be authorized to employ 
 one or more clerks, and one or more assistant sergeants ai- 
 nrms, to aid them in their investigation; and niav adminis- 
 ter to them an oath or atlirmation faithfully to perform the 
 duties assigned to them, respectively, ami to keep secret 
 all matters which may come to their kiiowle<lge touching 
 audi investigation as said committee shall direct, until the 
 report of the same shall be submitted to this House; and 
 said committee may discharge any such clerk, or assistant 
 s<!rgeant-at-arms, for neglectof duty or disregard of instruc- 
 tions in the premises, and employ others under like regula- 
 
 RcsoUed further, That if any person shall in any manner 
 obstruct or hinder said committee, or attempt so to do, in 
 their said investigation, or shall refuse to attend on said 
 committee, and to give evidence when summoned for that 
 purpose, or shall refuse to produce any i)aper, book, public 
 record, or proceeding in tlirir possrssilm or cohikiI, to said 
 committee when so rer|uiri>d, or shall make aM\ disturbaiire 
 where said cminiiittrc is lioldiiiL'tlicir sitliiigs, said eoiamit- 
 tee may, if thi \ -n' I'.t. cause any and every such person to 
 be arrested by said as^islant sergeaiit-at-ariiis, and brought 
 before this House to be dealt with as for a contempt. 
 
 Resolved further. That for the purpose of defraying the 
 expenses of said commission, there be, and hereby is, ap- 
 propriated the sum of 01O,OUO,to be paid out of the con- 
 tingent fund of tliis House. 
 
 Resolved further, That the President of the United States 
 be, and is hereby, requested to furnish to said eoinmittee, 
 should they be mist with any serious opposition by bodies of 
 lawless men, in the discharge of their duties aforesaid, such 
 aid from any military force as may at the time hv. conve- 
 nient to them, as may be necessary to remove such opposi- 
 tion, and enable said committee without molestation to 
 proceed with their labors. 
 
 Resolved further^ Tiiat when said committee shall have 
 completed said investigation, they report all the evidence 
 so collected to this House. 
 
 Mr. Speaker, I do not wish to be understood as 
 justifying any tumult or outrage which may have 
 occurred in Kansas — far from it; but I have no 
 idea that the difficulties there have been anything 
 like as serious as represented. I am assured by 
 gentlemen of the highest respectability, and who 
 have the best opportunities of knowing, that one 
 half the stories which are going the rounds in 
 partisan news))apers about outrages in Kansas, 
 are totally unfoutided, and the other half grossly 
 exaggerated. Tiiere are more or less irregular- 
 ities in all new countries, and it has no doubt been 
 so in Kansas. Yottng territories, like most young 
 men, have wild oats to sow, but soon settle down,„ 
 and become peaceful, law-abiding, and prosperous 
 communities. So it will be with Kansas, and es- 
 pecially if she is let alone by your emigi"ant aid 
 societies, and kindred organizations of both sec- 
 tions. There is the origin of all the difficulties 
 that are really of a serious character — outside in- 
 terference. Why will not the slavery fanatics and 
 agitators let the actual settlers in Kansas alone to 
 determine all these matters for themselves ? 
 
 That there has been improper outside inter- 
 ference in the affairs of that Territory, 1 am not 
 dispo-sed to question; and that it is so must be a 
 source of regret to every well-wisher of his coun- 
 try. I deeply regret it, and condemn it as un- 
 qtiaJifiedly as any gentleman upon this floor. 
 Whether it is now in the power of this House to 
 remedy the irregularities which have occurred is 
 another question. But they ought not to be re- 
 peated — must not be; and to that end I am glad 
 to know the President of the United States has 
 issued his proclamation and taken the proper steps 
 to maintain law and order in the Territory, and 
 protect the people in the estaldishrnent of their 
 own institutions. The President says: 
 
 " It will be my imperative duty to exert the whole power 
 of the Federal Executive to support public order in the 
 Ti'rritory ; to vindicate its laws, whether Federal or local, 
 against all attempts of organized resistance ; and so to pro.- 
 te<'t its people in tbi' estahlisbmeiit of their own institutions, 
 undisturbed by encroaebnient from without, and in the t'ull 
 enjoyment of the riglits of self goveriinicnl, assured to them 
 by the Constitution and the organic act of Congress." 
 
 Sir, it may not be profitable to inquire whether 
 the people of New England or Missouri are most 
 to blame for the difficulties which have occurred, 
 or whether one side is more censurable than tlie 
 other. My impressions are, that bo\h arc to 
 
8 
 
 blame. Thn people of the North, through the 
 ngeiicy of emif^rant aid societies, began the inter- 
 ference, and their acts provoked retaliation upon 
 the part of tlic people of Missouri. It was wrong 
 in both — all tcrong; and mischief the natural re- 
 sult to i)e expected from such proceedings. 
 
 Kansas ought to have been lefl, like the other 
 Territories of the country, to the control and 
 management of actual settlers — men who were 
 acting in good f\iith. None others had a right to 
 interfere. 
 
 I know that it is common with gentlemen upon 
 the other side to attribute thes(> Kansas difficul- 
 ties to the passage of the Nebraska bill; and they 
 endeavor to throw the responsibility upon the 
 supporters of that measure. Sir, the effort is un- 
 just and wholly unwarranted by the facts. It is 
 inaib', no doubt, with a vii-w of diverting public 
 attention from the real authors of the mischief. 
 The able letter of the gentleman from North Car- 
 olina, [Air. Clingman,] to his constituents, says 
 
 " The responsibility must rest on tlie Aholitionists, in spite 
 of the rfl'oits of some of th<'ir secret allies to eharire it on 
 tlie jiutliors of the Kansas and Nebraska bill. If a body of 
 inlidels should enter a churcli and create a disturbance, it 
 inig:ht as well be said that those who had built the church 
 and attempted to worship in it were responsible for the 
 mischief, as that the legislators of the last Congress are to 
 be blamed tor the (-(forts of those wrongdoers to defeat the 
 operation of the law." 
 
 Yes, sir, the comparison is well made by my 
 friend from North Carolina; and gentlemen upon 
 the other side cannot escape from it. Their Abo 
 lition and Free-Soil allies violated the principles 
 of the Nebraska act by an unjust interference, 
 which provoked retaliation by lh(> citizens of 
 Missouri, and that led to the mischief. That is 
 the true state of the case. It is not the law, then, 
 but the violation of its principles, that has brought 
 about these unfortunate troubles. Are we who 
 made the law to be responsible for the acts of 
 those who violate its provisions? Could any 
 proposition be more absurd.' Sir, I repeat, the 
 fault is not with the law, but with the outsiders 
 of both sections who have interfered in violation 
 of its principles. View it as they will, gentle- 
 men cannot fairly escape from the conclusion, that 
 if the actual citizens of Kansas had been left 
 alone to decide these questions for themselves, as 
 
 expressly provided in the Nebraska act, all this 
 trouble would have been avoided. Who will 
 deny it.' 
 
 But, sir, Kansas is not the only place where 
 men have been deprived of their political rights, 
 and the purity of the ballot-box sullied by fraud 
 and violence. Let gentlemen look nearer home. 
 Will they — dare they attribute to the Nebraska 
 bill those terrible scenes which sent a thrill |of 
 horror throughout the length and breadth of the 
 1 land, enacted at the elections in some of thi,- Statea 
 — ay, sir, in the very heart of boasted civiliza- 
 tion and refinement — and which, for unprovoked 
 ' atrocity, and for cold-blooded and deliberate out- 
 rage, are without a parallel , and so far exceed any- 
 j thing that has transpired in Kansas, even sup- 
 posing the most distorted and exaggerated abo- 
 lition accounts to be true, that, in comparison, the 
 conduct of the " border ruffians" sinks into utter 
 insignificance? And yet to do so, in the one in- 
 stance, they would do no greater violence to truth 
 '[ than they would in the other. 
 j Sir, what have we seen ? Wc have seen emi- 
 nent patriots and statesmen denied the freedom 
 i of speech; we have seen armed mobs placed as 
 i\ judges of the elective franchise; we have seen 
 : quiet, inoffensive, and respected citizens brutally 
 '\ assaulted and driven from the polls, for daring to 
 }: exercise, in a peaceable manner, rights secured 
 'to them by the Constitution and the laws; we 
 : have seen the ballot-box itself — that sheet-an- 
 chor of American freedom — seized by armed 
 bullies, and committed to the flames, or the bal- 
 lots scattered to the winds, and trampled beneath 
 , their ruffian feet; we have seen race arrayed 
 against race, neighborhood against neighborhood, 
 i! and religion against religion; we have seen men, 
 driven by prejudice, intolerance, and passion, to 
 I deeds of violence and bloodshed which sicken the 
 j! heart — sparing neither age nor sex, and extend- 
 1| ing even to the sanctuary of God ! All this, sir, 
 i and more, have- we seen, outside of the Territory 
 \ of Kansas; and if you would find its true origin, 
 jj look to your secret, oath-bound, political organ- 
 ; izations — to the doctrines of political proscrip- 
 I tion and religious intolerance — and not to the 
 l| great principles of equality and popular sover- 
 i) eignty contained in the Nebraska bill. 
 
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