THE KANSAS QUESTION. SPEECH OP ♦ 685 366 JPV 1 HON. THOMAS S. BOCOCK. OF VHIGINIA, IN THE HOUSE OF REPRESENTATIVES, MARCH 8, 1858. Tiie House being in the (/ommitlee of the Whoirt on the state of tlie Uni«:i — Mr. BOCOCK said: Mr. Chairman: I preferalways to address my- self to the subject before the House, but I know the difficulty which a gentleman encounters here in obtaining the floor, especially on so importanta proposition as the one which I design to discuss. I •therefore resolved some days, I may say week.s, ago, to avail myself of some suitable occasion in the Committee of the Whole on the state of the Union, to deliver to this committee some views which have presented themselves to my mind in relation to a question which has taken up so much of our time, and v/hich has attracted so much of the public attention. It was originally my intention, Mr. Chairman, to take but a brief glance, by way of preface and for the purpose of completing the view which it was my purpose to submit, at the original Kan- sas-Nebraska bill; but a speech delivered by my respected colleague from the Norfolk district, [Mr. MiLLsoN,] a short time ago, makes it in- cumbent upon me, in my judgment, to devote a larger portion of my time to a discussion of this preliminary question. I regret this very much; because I know that, in the brief hour allotted to us here, I should scarcely have been able to elab- orate and enforce the views which I design to present upon the great and leading question. As the matter now is, I shall be able to touch but briefly the points I expected to make, both in reply to the speech of my colleeigue, and upon the main question itself. And I wish to say here, that feeling confident that I shall not be able to get through all I have to say, 1 hope no gentleman will feel called upon to interrupt me, unless I say something which calls for personal explanation from him, individ- ually. Allow me one more word, by way of intro- duction. In what 1 may say in relation to the speech of my colleague, I desire to reciprocate most cordially the kind and friendly tone in which he expressed himself in relation to his colleagues, with whom he has heretofore differed on this Kansas question. And 1 am the more anxious to do so, because I know that I have not com- mand of that accurate and precise phraseology which the gentleman himself commands, and which is necessary to give one's precise meaning. The speech of my friend and colleague, like aW his performances, and, jierhaps, in a greater de- gree than any of them heretofore, was able atid ingenious. The onward sweep of his logic was as regular and as graceful as the charge of the light brigade at Balakhiva; but I say, with all respect, that, in my humble judgment, it led to no more useful or valuable result. What, sir, was the great lesson taught by the speech of my colleague .' One might have supposed for a moment that his de- sign was to enforce upon t lie attention of the House the feet that in accepting the Kansas-Nebraska bill in 1854, the South did not get all to which it was entitled. If I had been satisfied that this was the purj)ose and intention of my colleague, 1 should not have felt called upon to reply to it. But in view of the entire speech, and all the circum- stances which surrounded it, that supposition can- not be maintained. Then, Mr. Chairman, could it be that my worthy friend and colleague felt him- self called upon to expend so much ingenuity and ability, and to give us so fine a display of dialec- '■ tics, for the purpose of proving that lie foresaw all the evils which have occurred in Kansas, and I that they are the legitimate and proper results of the Kansas-Nebraska bill ? Sir, he who claims ! for himself the character of a prophet of the past, or a foreteller of woe, seeks a reputation which, in my humble judgment, is by no means desira- ble. One who felt deeply and thought strongly, and who knew v/ell how to v/reak his thought upon expression, has said: " or all tlie horrid, hideous notKs of human woe, Worse than the owl songs or the niidni;;lit lilusu Fs that pnflentdus phrase ' I told you no ." Uttered by iVifiuls, those prophets; of the past, Who, instead of telling what you now should do, Own that they thought that you would fall at last. And s-olace your uliglit lapse 'gainst 'ioiiosjiiores,* By a long meniorauduin of old stories." A prophet of the past ! Why, sir, it can avail but littJe in this case, at any rate; for if the evils which have occurred in Kansas are to continue; if the strife which has occasionally manifested itself there is to break forth anew and with in- creased violence, until the roar of battle and the fury of the storm shall fill the land with uproar, it will be but a poor privilege to come upon the stage,like the chorus in the ancient Greek tragedy, and in the lull of the tempest and the pause of the battle to sing a dirge of doom. If, on'tlie contrary, Kansas is speedily to be admitted into the Unier.i C and under the benign and genial influences of State independence and State sovereignty, all these evils are to be first localized, and then banished forever If " all the clouds that lower o'er our house," are to be " in the deep bosom of the ocean buried," then, in the panoranna of content- ment and prosperity which will follow, there will be no place for this wail of woe. The memory of Cassandra has but the greenness of the lichens and ivy that cover the ruins of Troy. It is min- gled in the memory with the recollection of a fall- ing city and a scattered people. Had Troy not fallen, it would long ago have perished like " Tlie fat weed that rots on Lethe's wharf." I desire now, Mr. Chairman, to notice particu- larly, but briefly, the leading points made by my colleague in his speech against the original Kan- aas-Nebraska bill. Tliey appear to me to have been twofold. He objected to it upon the ground that in its legal and necessary construction, jt sus- tained the idea of territorial sovereignty; and he also objected to iton the ground that it contained what is called the Badger proviso. Permit me to consider those objections seriatim. Mr. Ciiairman, I desire to say here, in the com- mencement of the remarks that I shall make upon ibis question of territorial sovereignty, that if that bill, in its legiiim^ite and necessary construction, did tolerate the idea of territorial sovereignty, I should prefer it, both being constitutional, to the doctrine of congressional restriction; for under congressional restriciion,if you have peace it will be the pepce of admitted inferiority of rights on the one side, and admitted superiority of rights 9)1 the other. Under the doctrine of territorial sovereignty you might have strife and conflict; you would probably have a struggle among men of clashing interests and conflicting views to gain the ascendency; but poor as it would be, we would atil) have our chance, and we would have the con- solation, at any rate, to know, if the question were decided against us, it would be decided by those ■who were to be most interested in the question at issue. But, sir, I contend that the legitimate and ne- cessary construction of that act does not sustain the idea of territorial sovereignty. The clause to which my colleague alludes is this: " It being the true intent and meaning of this act not to legislate sl.ivery into any Territory or State, nor to exclude it therefrom, l)ut to leave the people thereof perfectly tree to form and reyubite their domestic institutions in their own way, subject only to the Constitution of the United States." Now, it will be remembered that my colleague ridiculed the idea that the Congress of the United States intended gravely to abnegate the power to prohibit slavery in States of the Union already existing; but whatever this provision does not mean, it certainly does mean to do that. That is Srecisely what it does mean, most emphatically. Toother construction can be given to it;a:nd, per- haps, the reason for inserting such a provision in the bill was, that in the restriction of 1820 the power was charly and distinctly assumed by the Congress of the United States to prohibit slavery in the States. Here is that restriction: " Sec. 8 ^urf he it further enacted, 'i'hat in all that Itrri- tory ceded by France' to the United States, under the i.ame of ijouisjana, which lies north of 36° 3U' north latitude, not included within the limits of the State contemplated hy this act, slavery and involuntary .servitude, otherwise than in the punishuietit of crimes, whereof the parties shall have been duly couvicled, shall be, and is hereby, forever prohibited." And in the joint resolution for the annexation of Texas to the United States, we find this more distinct and emphatic clause: " And in such State or States as shall be formed out of said territory north of said Missouri compromise line, sla- very or involuntary servitude (except for crime) shall be prohibited." There is the power distinctly claimed; and in the Kansas and Nebraska bill it is distinctly sur- rendered. I do not contend that the Constitution afforded any pretext for such an assertion of power. Far from it. The claim had been made, however, and the surrender should follow. But the gentleman says that the insertion of the words "Territory or," before the word " State," makes that clause applicable to Territories in their territorial condition, as well as to States; and that the necessary construction of it is, that the people of Territories, as such, shall be left free to regu- late their domestic affairs, including the subject of slavery, in their own way. Now, Mr. Chairman, I do not contend — I would not be guilty of the want of candor to contend — that the language is not susceptible by possibility of such a construction. What I contend for is, that it is not the necessary construction of the clause. Now, sir, you will bear in mind, that the Territories of the United Slates often act in a somewhat anomalous manner. Consider, if you please, the case of the Territories of Florida, of Michigan, and of Iowa. You will bear in mind that, without any enabling act, without any au- thority whatsoever from the Congress of the Uni- ted States, those Territories proceeded to form State constitutions, and presented them here, ask- ing admission into the Union. What was their condition then.' I admit the doctrine that this was a sort of declaration of independence on the part of these Territories, and that their subse- quent admission into the Union was an acknowl- edgment of that independence. Congress was not bound to admit them, however; and if it had not, they would have remained in a territorial condition. Their status was then subject to the action of Congress. It might have been, then, in reference to this anomalous, or, if I may so ex- press it, hermaphrodite condition, that the words " Territory or State" were used. Now, sir, I submit that if the phraseology em- ployed was applicable to the Territories in their territorial condition, the grant was made " sub- ject to the Constitution of the United States." This proviso followed the grant, and controlled it. Whatever power we constitutionally had we gave up, and no more. The gentleman says that the Congress of the United Slates ought to interpret the Constitution for itself, and in pass- ing a law should look to the constitutional limits and not surpass them. I admit, that when the Congress of the United States proposes to pass an ordinary act that is to be a rule of conduct for individuals, it ought to determine for itself, as far as it can, whether it be constitutional or uncon- stitutional; but this was no such act: this, follow- ing the manner of a deed, was a grant of power from the Federal Government to the Territorial Legislature; all that was done was to say, what- ever power we have in relation to this subject, we surrender it to the Territorial Legislature. 1 contend, sir, that however the words " Territory or State" be construed, we were not called upon 10 give an unconstltulional vote, for the limitation followed the grant wherever it went. As is fre- quently done in deeds from one man to another, we conveyed whatever power we had, subject to adjudication. I submit now, whether we were not right in our action? The question of territorial sovereignty being a matter in dispute between northern and southern Democrats, then if we had required it to he adjudicated by Congress, it would have re- sulted that while we were wrangling upon this question, the opportunity to carry the more im- portant point of repealing the Missouri restric- tion, would have been lost, perhaps irretrievably. Now, sir, comes in the decision of the Supreme Court of the United States to determine the ques- tion. It says tliat this doctrine of territorial sov- ereignty has no countenance in the Constitution; and whatever evils my colleague may think arose before that time, from the doubt which existed on the subject, or whatever evils he might have ap- prehended from this cause, afterwards, from the lime of the decision of the Supreme Court in re- gard to this case, the doctrine of the Kansas-Ne- braska bill stood vindicated and redeemed from ail suspicion or taint of encouraging /erri^oj-iaisou- e)-eigntij. And I would say to my colleague that perhaps others may have foreseen the decision of the Supreme Court as well as himself. Since that decision, all his fears and all his troubles on this subject may be forever quieted. I shall consider now, for a few brief moments, the other objection of my colleague. It is the ob- jection to what is called the Badger proviso; and permit me to say here, Mr. Chairman, that when that proviso was introduced in the other wing of the Capitol, by the distinguished Senator whose name it bears, I regretted it. I regretted it because I thought it was a concession, in form at least, from the weaker and oppressed interest in the land, and that which had been so long suffering under the injustice of this Missouri restriction, to the stronger and aggressing interest. But I did not attribute to it that importance which my col- league does; and I desire to examine for a while into its true meaning and elTect. What is that proviso .' This is its language: '•Nothing herein contained shall he constriii'd to revive or put in lorce any law or regulation that may have existed prior to the act or March, 1S'20, either proleciing, estabhsh- ing, prohibiting, or abolishing slavery." Now, Mr. Chairman, I wish to consider that proviso in two points of view. The Missouri restriction, which the act of 1854 was intended to repeal, was constitutional or it was unconstitu- tional. I wish to look at it under both these sup- positions. Suppose, now, that the Missouri re- striction of 1820 was constitutional, what did it do.' Why, sir, there were some old French or Spanish laws, recognizing slavery, which existed in the Territory of Louisiana when it was acquired from France, and wiiich were, by tolerance, continued in existence. Here comes then the restriction of 1820, and, by implication, suspends these old laws, and makes the ground an open field; and after making it an open fi<;ld, it next advances and takes possession of the field, and erects on it a barrier, a positive prohibition against the introduction of the peculiar property of the South. The effect of the restriction then was twofold. Now, by the repeal of the restriction by the act of 1854, what did we do, in that ■aupposition ? We, at least, removed the positive prohibition, and left again the open field of which I have spoken. In that supposition, did we not gain something? Well, take the other supposition! Say, now, that the restriction of 1820 was unconstitutionall What, then, was the consequence of the restric- tion .' Then it was null and void ab initio. It had no effect or force whatever. It did not repeal the old French or Spanish laws. They were not, in legal contemplation, suspended. Well, sir, what does this Badger proviso say ? It says, "nothing herein contained shall be construed to revive or put in force," &c. But these laws did not require to be revived by that act of 1854. They were in ex- istence aleunde — not by virtue of the act of 1854, but by virtue of their previous existence never having been suspended. The proviso says that the act of 1854 shall not put them in force. It doea not say that they shall not be in force. I could enlarge on this idea, which I consider strictly legal and tenable; but I prefer, in the little time allowed me, not to dwell longer on this point. I wish to rise to a higher and more compi-ehensive, and, in my opinion, a more statesmanlike conception of this entire question. What is it, sir .' Here, Mr. Chairman, had been a conflict in the land as to the question whether the Constitution of the Uni- ted States, propria ft^ore, extended or did not extend to the Territories of the United Slates. The mighty intellects of Calhoun and Webster had met in stern conflict on this question on the floor of the Senate Chamber, and their followerfl throughout the country liad ranged themselves on the one side and on the other. Not only that, Mr. Chairman, but there was also a contest whether this Government of the United States should be allowed to exert its power to discourage and limit the property of one section of the Union, and to extend and enlarge the property of the other sec- tion. The Kansas-Nebraska bill of 1854 comeB in and decides both these questions. It declares the Constitution of the United States expressly extended to these Territories; and it further de- clares that the Government of the United States shall not exert its power or authority to limit or restrain the property of one portion of the Union, and to stimulate and encourage the interest of the other portion. Here, then, we have the Government of Ibe United States surrendering its authority over thie question and expressly declaring the Constitution of the United States extended to these Territories. Then comes the decision of the Supreme Court in the Dred Scott case, declaring that the Consti- tution, so operating in the Territories, shall stand as a tower of strength and a muniment of defense for the property and interests of all sections of the Union — of the one section as well as the other. What now do you wunt with your wicker-work of Spanish and French laws.' You have in the place of them the supreme power, the mighty in- fluence, the permanent protection of the Constitu- tion of the United States — the highest American law. You have in that a shield stronger than the shield of Achilles. You have a tower of strength more impregnable than twenty Cron- stadts. And still you talk about your French and Spanish laws ! This, sir, was a great era in the history of American legislation. It was the era of an abdication, of a surrender of usurped 4 power on the part of the Cotiffrcss of the United States, and of a restoration of the Constitution to its true control and supremacy. It is an abdication apd restoration more important, and grander in every point of view, than any abdication or resto- ration of " prince, potentate, or power," recorded in the history of the world. The Congress of the United States glvea up its usurped power to limit the property of tlie South. The Constitution of the United States is restored to its former rule. And while all are rejoicinor at this f^reat era in American leoislation,at this great abdication and rratoration, my colleague chooses to stand by and complain that the usurper, in going out, takes with him. a litile of the dirty linen of the estab- -ILshment. But, sir, 1 wish to look at this subject as a .sub- ject of })rophecy. There were more predictions made than one. There were more prophets than rwy colleague in the land at that time. The na- tion was then rattier plethoric of prophets. It was declared, on the other iiand, that if we did iloose these French or Spanish laws, our prop- erty would enjoy the protection of the Constitu- tion, and also sucli protection as might be given by the Territiirial Legi.'^lature. And did we not have it.' Herein was prophecy falfiiled. My ooileaeue seems to think that the evils that have arisen in Kansas were the necessnryand the log- ical results of the Kansas-Nebra.ska bill. Now, sir, I submit to him, whether, if they are the natural and legitimate results of the principles of »he Kansas-Nebra.skabill, the same consequences would not follow wherever the cau.se exists.' But, sir, the principles of the Kan-sas and Nebraska bill were applied to the Territory of Nebraska; they have been applied also, in elTect, to New Mexico; and why have not the same evils re- sulted there, if they follow necessarily from the principles of that bill .' If the principles of the Kansas-Nebraska bill had been adopted long years ago, before the pub- lic mind had become so distempered anri diseased, no troulile would have followed; but, in my judg- ment, everything would have gone off smoothly and quietly under them. The settlement of Kan- sas would have been left to the ordin:iry laws of settlement; men would have gone ther(? from the ordinary causes, to select them homes and work out their fortuiies; all would have gone off well. It was beciuise the public inind had bncome distem- pered and diseased; it was because the wranglings aere on the floor.s of Congres.s had |)roduced such heart-burning.'i and bad feelings between the two sections of the country, that the.se results followed . Theextrdordinarymeansadopted to settle Kansas; your emigrant aid associatioiu, and the characters of the men whom they sent there; your. Tim Lanes, and your Sharpe 's rifles ; these must bear the blame lor tjie troubles which have arisen in Kansas. Mr. Chairman, these evils are upon us, and it is proposed to settle them by the admission of JCansas into the Union as a Slate. The President of the United States ha.s sent a message to the Congress of the United States, communicating to asiheconstitutionadopted at Lecompton,and rec- ommending that Kansas shall be admitted into the Union as a State under that constitution. I stand here to-day to take my position in favor of such admission, and I shall now proceed to give the reasons upon which 1 base my action. Now, sir, I am free to adnMt that when this con- stitution comes to us we have the right to inquire,, first, whether there is a sufficient population in Kansas to entitle her to come into the Union as a State. Well, sir, I believe there is no difference j of opinion upon that subject. All parties are I agreed upon that point. The Topeka men seem I to have acted all along upon the supposition that j there was population enough there to justify a j State constitution. TheLecomplonmenhavedone { the same, and those who sustained the measure j proposed by the distinguished Senator from Geor- gia, during the last Congress, seem never to have objected on that ground. Then, sir, I admit that you have the right to in- quire whether the form of Government proposed is republican. I believe there is no difficulty upon that subject. All are agreed upon that point. There is another and very iinportant inquiry which we have a right to make. We have the right to inquire wiiether the constitution senthere is in fact the constitution of the State of Kansas or not; and it is to that point that 1 propose now to direct my remarks. Now, sir, 1 vviah to say in the beginning, that I design to argue this point with all fairness and candor if I can. I shall make certainly very lib- eral aJmissions to the gentlemen on tiie other side. I admit that all republican constitutions " derive their just povrers from tiie consent of the gov- erned." 1 admit the doctrines that " sovereignty makes constitutions;" that "sovereignty rests exclusively with the people of each State;" that "sovereignty cannot be delegated;" that it is " inalienable, indivisible," &c. I also admit fully the doctrines of the Kan.sas and Nebraska bill, that the people, when they come to form their constitution, should be let't tVee to form and reg- ulate their own institutions in their own way. Now, sir, if I can maintain the propriety of the admission of Kansas into the Union upon those principles, gentlemen ought to acquiesce; if not, I lose my proposition, and I fail in the effort I am here to make. In the first place, then, I admit that govern- ments instituted among men derive their just powers from the consent of the governed. Thai is the first admission. But I deny that it is a necessary corollary from this princij)le that the con.stituiion of a Slate shall be submitted to the votes of all the governed. On the contrary, no constitution that was ever framed, either in this or any other country, was ever submitted to the vote of all the people who were to be governed by it. How many of the States of this Union allow the African race to vote.' I think New England and New York alone aspire to that " oad emi- nence." Yet the African race are among the gov- erned. How many States in this Union allow a citizen just landed upon its soil from any other State, or from a foreign country, to vote.' Not one, I believe. In most of the States in the Union, they require a man to have resided in the State for twelve months, even if a citizen of the United States, be- fore he is allowed to vote. And yet, sir, they are among the governed. How many of the States of this Union allow females and children to vote.' Not one; and yet, are they not in the list of thegov- erned? Then it is a clear proposition, that the fact that a form of government derives its powers from the consent of the governed, does not require the constitution to be submitted to all who are to be governed under it, I will show, in the sequel, that the consent of the governed is given on the representative princi|(le. The next concession which 1 make is to be found in a certain letter written by the late Gov- ernor of Kansas, upon the occasion of his resig- nation of office. He says that — " Sovereignly makes constitutions ; that sovereignty rests exclusively Willi the people of each State ; that sovereignly cannot be delciiati'd ; that it is inalienable, indivisible, a unit incapable of partition." Now, sir, I admit all that; but I will not con- cede for a moment, because sovereignty is inalien- able, that nets of sovereignty cannot be exercised through some medium, organism, or represent- ative agency; far from it. I think that the cele- brated letter to which I refer afifords a remarkable instance of how areally ai^le man, when sustain- ing a heresy, may entangle and overthrow him- self in the mazes of his own inetapliysics. Robert J. Walker declares: " It will not bf! denied that sovereignty is the only power tliat can make a State constitntion, and thai it rests e,xclu- Bively with the people; and il"itis inalienabh', and cannot be delegated, as 1 have shown, then it can only be e.xer- vised by the people themselves." And again, in reference to the Constitution of the United Slates, he says: " Each State acted for itselfalone in acoedins to ilie Arti Clesof C'onfi'der.ation in 1778, and each Slate acted lor itself alone in franiinL' and ratifying, each for itself, the Constitn- tion of the United States.' Sovereignty, then, with us, rests exclusively with the people of each State." Here, sir, he assumes that each State adopted the Constitution of the United States for itself, and that the Constitution of the United States, teing so adught to establish the Topeka constitution , and who, nevertheless, come here and complain of irregularity — I want to say to those who talk about sifbverting the will of the people and popular sovereignty, and v/ho, at the same time, boldly declare that if every man, woman, and child within the limits of Kansas were to ask for a 8lave-protectingconsiitution,they would no tallow it — I want to say to them: " Oh, for a forty-parson power to chant your praise, hypocrisy !" I make no appeal to them. But there are gentlemen on this side of the Hall, Mr. Chairman, who do im- agine, at least, that they follow their doctrines to their logical and natural results in opposing the ad- mission of Kansas. There are men who do be- lieve that the principles of popular sovereignty lead to this conclusion. To them I appeal. Think again, and trust your friends a little more. A more patient aiid confiding examination may yet show, that by logical and fair deduction, that doctrine leads to the conclusions which 1 have spoken. I have seen ip reference to some of them, and particularly to a distinguished gentleman in the otherwingoftheCapitol, that he has left the stand- ard under which lie so long fought; has parted from friends whom he has proved and I'ound faith- ful; and has turned away to join the ranks of his life-long enemies. It is true, too, that he carries many with him When the archangel rebelled in heaven, he carried a tenth part of the heavenly hosts with him. If the gentleman continues in his defection, he can find neither his interest nor his pleasure in the bosom of his new allies. He cannot in his heart apjirovf their principles or purposes. They have too many of their own, older, and more tried leaders, to reward, to do aught for him. They have on their bodies too many scars inflicted by his stalwart arm to love him over- much. If it is not yet too late for him to hearken to the voice of one whom he knows to have been for long years, and truly, his friend, I would call upon him to come back and take his position again in the ranks of that party wlrose triuinphs and whose successes have been the dream of his boy- hood and the glory of his manhood. I know that that would require some sacrifice of personal feel- ing. A great man can make that sacrifice; a little man cannot. Convince a small man, and he hates you forever. A great man sees the error of his ways, and retraces his steps. He will have the consolation of restoring harmony to the only na- tional party left in the land; and what is higher, and holier, and better, he may restore peace to a torn, an exasperated, and an endangered coun- try. Stern truth requires me to say that, whether he returns or does not return; let whoever may choose turn against us or turn for us — our course is onward. If, as I trust, it is onward to victory, then whoever may throw himself in tiur path will be but crushed beneath the wheels of our con- quering chariot. But whether the course of the Democratic party is onward to victory or to de- feat, still for us of the South there is no retreat We are the weaker and the endangered section. We cannot yield our ground. The stronger may, and yet be strong and mighty, and greatly prepond- erant. We strike for safety and self-protection: they foraccumulated power. I do not know what will be the effect of a refusal to admit Kansas under the Lecompton constitution, lam not au- thorized to s|>eak the views of A'^irginia. She has not spoken for herself. But I will say this: that, in my judgment, wherever a true and enlightened view of her own honor leads, there she will go; and when she speaks, there is not a true son of hers in all the land, wherever he may be, who will not follow her command. And this, too, I will say: that, although hand join in hand to pre- vent, the destiny of Virginia, for once and for all, for now and forever, is indissolubly united with that of her sister States of the South. Printed at the Congressional Globe Office. LIBRARY CONGRESS 016 087 979 8