A HISTORY OF THE STRUGGLE FOR SLAVERY EXTENSION OR RESTRICTION IN THE UNITED STATES, FROM THE DECLARATION OF INDEPENDENCE TO THE PRESENT DAY. MAINLY COMPILED AND CONDENSED FROM THE JOURNALS OF CONGRESS AND OTHER OFFICIAL RECORDS, AND SHOWING THE VOTE BY YEAS AND NAYS ON THE MOST IMPORTANT DIVISIONS IN EITHER HOUSE. BY HORACE GREEL EY. NEW YORK: DIX, EDWARDS & CO., 321 BROADWAY. 1856. Entered, according to Act of Congress, in the year 1856, by DIX, EDWARDS & CO., In the Clerk's Office of the District Court for the Southern District of New York. MITLER & HOLMAN, Printers and Stereotypers, N. Y. CONTENTS. Page. I. Slavery in the Colonies - - - 1 Origin in 1620-Virginia the first Slave colony-Prohibited in Georgia-Adjudged illegal in Massachusetts-Slave Importation prohibited in Virginia and other colonies-Lord Mansfield's Decision. - * - - - - -1 to 3 II. Slavery under the Confederation -. - 3 State cessions of Public Lands-Mr. Jefferson'a Slavery Restriction in 1784-Defeated in Continental Congress by a minority vote-Mr. Dane's modified Restriction (1787)-. Carried - - - * S.. 3 to 4 III. Under the Federal Constitution - - - 4 Constitutional provisions affecting Slavery-History thereoqf-Amendments - 4 to 5 IV. Cessions of Southern Territory - - - - - 5, Kentucky formed from Virginia-Tennessee from North Carolina-Alabama from Georgia-Congress forbidden by terms of cession to abolish or prohibit Slavery - - 5 V. Early attempts to override the Ordinance of'87 - - - 5 Ohio-Indiana-John Randolph's Report-Cesar Rodney's-Mr. Garnett'^-Mr. Parke's -Jesse Franklin's -.-. -' - 5 to 7 VI. The First Missouri Struggle - - - - - - 8 Purchase of Louiaiana-.MissonriTerrltory-Applies forAdmission as a State-Gen. Tallmadge's Restriction on Slavery-Yeas and Nays thereon-Debate by. Hon. Messrs. T. Fuller of Mass., JamesTallmadge of N. Y., Scott of Mo., Cobb of Ga, and Livermore of N. H.-Vote in the Senate-Bill fails by disagreement - - - 8 to 21 VIL The Second Missouri Struggle - - 21 Missouri Question Revived-Memorial of Daniel Webster. - - 22 Resolves of the Legislatures of New-York, New-Jersey, Pennsylvania, Delaware and Kentucky - - - - 2 25 to 27 Mr. Thomas's Amendment-Votes in the Senate *' - 27 to 28 Votes in the House-Compromise Bill passed -.2 to 39 VIII. The Third Missouri Struggle - - - - - 30 Missouri Constitution respecting negroes-Mr. Clay's second Compromise adopted. - -30 to 31 IX. Extension of Missouri - - - - 31 Mr. Clayton's Report-Adopted without division..... 31 ivs CONTENTS. Page. X. The Annexation of Texas - 31 Early History of Texas-Her Independence, - - 31 to 32 Anti-Annexation Address of J. Q. Adams, Seth M. Gates, and others, to the People of the United States, - -.- 32 Northern opposition-The Secret Circular, -. - - - -.- 36 Mr. Calhoun's Annexation Dispatch to W. R. King, Embassador at Paris, - - 37 Polk and Dallas elected-Propositions in Congress respecting Annexation-Votes thereon-Measure Carried-The Joint Resolves, - - 40 to 44 XI. The Wilmot Proviso..... 44 Proceedings and Votes in Congress thereon, - - - to 46 Gen. Cass's letter to A. O. P. Nicholson,. - -.. 47 Congress resumed-Mr. I. P. Walker's proposition-Mr. R. W. Thompson's amendment-Failure in the Senate, - - - - 48 to 52 XII. Oregon (Bill to organize as a Territory) - - 52 Ordinance of'87 applied-Mr. Douglas moves to extend Missouri Compromise Line to the Pacific-Senate approves-House rejects-Senate recedes-Bill passed, - 52 to 54 XIIL The Compromise of 1850 - - - - - 54 President Taylor's Message-Gen. Houston's Resolves-Mr. Clay's-Mr. John Bell'sMr. Clay's plan discussed by Messrs. Foote of Miss., Mason of Va., Jeff. Davis-Mr. Clay-Mr. Wm. R. King-Mr. Downs of La.-Mr. Butler of S. C. - - 54 to 59 Select Committee raised by the Senate-Mr. Clay's Report, - 60 Proceedings and votes in Congress thereon, - - - 60 to 69 The Acts of 1850 concerning California, Texas, New-Mexico, and Utah, - - 70 XIV. The Kansas-Nebraska Struggle.. - 71 Atchison in'53-Pierce's Inaugural and First Message, - 72 Mr. Douglas's Report introducing the Nebraska Bill,. - 73 Proceedings and Votes in Senate, - -. 74 Gov. Seward's closing Speech against the bill, - - - -77 Proceedings and Votes in the House, - - 82 The Kansas-Nebraska Bill, - -.. — - 85 President Pierce's Special Kansas Message, - - - 89 Mr. Douglas's Senate Report thereon, - - - 93 Mr. Collamers Minority Report, -.- -- 110 The Kansas Investigation-Mr. Dunn's proposition-Yeas and Nays thereon, - - 118 Report of the Investigating Committee, - - - 119 The House on Free Kanrss Constitution-Mr. Dunn'sSubstitute —Votes-Billpassed, 146 The Topeka Constitution, - * 148 The Senate on Kansas-Douglas's new proposition-Various amendments rejectedBill passed,.- - - -156 The Toombs-Douglas bill, - * 158 Mr. Dunn's bill to recognize Kansas, - 161 Mr. Matteson's preamble and resolves based on Annexation of Texas, - 163 House vote on receding from Proviso to the Amy bill, * 168 THE HISTORY OF THE* QUESTION OF SLAVERY EXTENSION OR RESTRICTION. MAINLY BY DOCUMENTS. I. Africa, whom their eternal wars and maraudSLVRY IN TE COLO. ing invasions were constantly exposing to SAVERY IN TE COLONIES. captivity and sale as prisoners of war, and HUMAN Slavery, as it existed in the pa- who, as a race, might be said to be inured to gan world, and especially in theinfancy, vig- the hardships and degradations of Slavery or, and decline of Greek and Roman civiliza- by an immemorial experience. The suggestion, gradually died out in the advancing tion was unhappily approved, and the woes light of Christianity. When Columbus open- and miseries of the few remaining Aborigines ed the New World to European enterprise of the islands known to us as " West Indies," and settlement, the serfdom of Russia and were inconsiderably prolonged by exposing Hungary, and the mild bondage of Turkey the whole continent for unnumbered genera-each rather an Asiatic or Scythian than a tions to the evils and horrors of African slaveEuropean power-were the last remaining ry. The author lived to perceiveand deplore vestiges of a system which had pervaded, and the consequences of his expedient. mastered, and ruined, the vast empires of Al- The sanction of the Pope having been obexander and the Caesars. The few ignorant tained for the African slave-trade by repreand feeble dependents elsewhere held in vir- sentations which invested it with a look of tual bondage by force rather of custom than philanthropy, Spanish and Portuguese merof positive law, serve rather to establish than cantile avarice was readily enlisted in its disprove this general statement. prosecution, and the whole continent, north Lust of gold and power was the main im- and south of the tropics, became a slave-mart pulse of Spanish migration to the marvelous before the close of the sixteenth century. regions beyond the Atlantic. And the soft Holland, a comparatively new and Proand timid Aborigines of tropical America, testant state, unable to shelter itself from the especially of its islands, were first compelled reproaches of conscience and humanity beto surrender whatever they possessed of the hind a Papal bull, entered upon the new trafprecious/metals to the imperious and grasp- fic more tardily; but its profits soon overbore ing strangers; next forced to disclose to those all scruples, and British merchants were not strangers the sources whence they were most proof against the glittering evidences of their readily obtained; and finally driven to toil success. But, the first slave-ship that ever and delve for more, wherever power and greed entered a North American port for the sale supposed they might most readily be obtained. of its human merchandise, was a Dutch tradFrom this point, the transition to general en- ing-vessel which landed twenty negro boadslavement was ready and rapid. The gentle men at Jamestown, the nucleus of Virginia,. and indolent natives, unaccustomed to rug- almost simultaneously with the landing of the' ged, persistent toil, and revolting at the harsh Pilgrims of the Mayflower on Plymouth rock, and brutal severity of their Christian mas- Dec. 22d, 1620. ters, had but one unfailing resource-death.' The Dutch slaver had chosen his market Through privation, hardship, exposure, with sagacity. Virginia was settled by CAfatigue and despair, they drooped and died, VALIERs-gentlemen-adventurers aspiring to, until millions were reduced to a few miser- live by theirsl wits and other men's labor able thousands within the first century of — ith the necessary complement of followSpanish rule yp America. ers and servitors. Few of her pioneers cherA humane and observant priest (Las Casas,) ished any earnest liking for downright,.perwitnessing these cruelties and sufferings, was sistent, muscular exertion; yet some exmoved by pity to devise a plan for their ter- ertion was urgently required to clear away mination. He suggested and urged the poli- the heavy forest which all but covered, the cy of substituting for these feeble and perish- soil of the infant colony, and grow.^the Toing " Indians" the hardier natives of Western Ibacco which easily became its staple, export 1 2 THE STRUGGLE FOR SLAVERY RESTRICTION. by means of which nearly everything required had them set at liberty. The first Continentby its people but food was to be paid for al Congress which resolved to resist the in England. The slaves, therefore, found usurpations and oppressions of Great Britain ready purchasers at satisfactory prices, and by force, had already declared that our strugthe success of the first venture induced others; gle would be "for the cause of human nauntil not only Virginia but every part of ture," which the Congress of 1776, under British America was supplied with African the lead of Thomas Jefferson, expanded into slaves. the noble affirmation of the right of " all men This traffic, with the bondage it involved, to life, liberty, and the pursuit of happiness" had no justification in British nor in the early contained in the immortal preamble to the colonial laws; but it proceeded nevertheless, Declaration of Independence. A like avermuch as an importation of dromedaries to re- ment that' all men are born free and equal.' place with presumed economy our horses was in 1780 inserted in the Massachusetts Bill and oxen might now do. Georgia was the of Rights; and the Supreme Court of that first among the colonies to resist and remand State, in 1783, on an indictment of a master it in her original charter under the lead of for assait and battery, held this declaration her noble founder-Governor, General Ogle- a bar to slaveholding henceforth in the state. thorpe; but the evil was too formidable and A similar clause in the second Constitution inveterate for local extirpation, and a few of New-Hampshire, was held by the courts years saw it established, even in Georgia; of that State to secure freedom to every child, first evading or defying, and at length mold- born therein after its adoption. Pennsylvania, ing and transforming the law. in 1780, passed an act prohibiting the further It is very common at this day tospeak of introduction of slaves and securing freedom our revolutionary struggle as commenced and to all persons born in that State thereafter. hurried forward by a union of free and slave Connecticut and Rhode Island passed similar colonies; but such is not the fact. However acts in 1784. Virginia, 1778, on rotion slender and dubious its legal basis, Slavery ex- of Mr. Jefferson, prohibited the further isted in each and all of the colonies that unit- importation of slaves; and in 1782, reed to declare and maintain their independ- moved all legal restrictions on emancipaence. Slaves were proportionately more nu- tion: Maryland adopted both of these in 1783. merous in certain portions of the South; but North Carolina, in 1786, declared the introthey were held with impunity throughout duction of Slaves into that state " of evil conthe North, advertised like dogs or horses, and sequences and highly impolitic," and imposed sold at auction, or otherwise, as chattels. Ver- a duty of ~5 per head thereon. New-York mont,then aterritoryin disputebetween New- and New-Jersey followed the-example of Hampshire and New-York, and with very Virginia and Maryland, including the domesfew civilized inhabitants, mainly on its south- tic in the same interdict with the foreign slave ern and eastern borders, is probably the only trade. Neither of these States, however, deportion of the revolutionary confederation dared a general emancipation until many never polluted by the tread of a slave. years thereafter, and Slavery did not wholly The spirit of liberty, aroused or intensi- cease in New-York until about 1830, nor in fied by the protracted struggle of the colo- New-Jersey till a much. later date. The nists against usurped and- abused power in distinction of free and slave States, with the the mother country, soon found itselfengaged kindred assumption of a natural antagonism in natural antagonism against the current between the North and South, was utterly form of domestic despotism. " How shall unknown to the men of the Revolution. we complain of arbitrary or unlimited power Before the Declaration of Independence, exerted over us,. while we exert a still more but during the intense ferment which preceddespotic and inexcusable power over a de- edit, and distracted public attention from pendent and benighted race?" was very fair- everything else, Lord Mansfield had rendered Iy asked. Several suits.were brought in his judgment from the King's Bench, which Massachusetts-where the fires of liberty expelled Slavery from England, and ought to burnt earliest and brightestto test the legal have destroyed it in the colonies as well. right of slaveholding; and the leading Whigs The plaintiff in this famous case was gave their money and their legal services tb James Somerset, a native of Africa, carsupport these actions, which were generally, ried to Virginia as a slave, taken thence on one ground or another, successful. Efforts by his master to England, and there infor an express law of eman*Aon, however, cited to resist the claim of his master to failed even in Massachusetts; the Legislature, his services, and assert his right to liberty. doubtless, apprehending that such a measure, In the first recorded case, involving the by alienating the slaveholaers, would increase legality of modern slavery in England, it the number and power of the Tories; but in was-held (1697) that negroes, " being usual1777, a privateer having brought a lot of ly bought and sold among merchants as merecaptured slaves into Jamaica, and advertised chandise, and also being infidels, there might tlaem for sale, the General Court, as the leg- be a property in them sufficient to maintain islative assembly was called, interfered and trover." But this was overruled by ChiefJue SLAVERY UNDER THE CONFEDERATION. $ tice Holt from the King's Bench (1697,) rul- claim to spacious dominions outside of their ing that " so soon as a degro lands in England proper boundaries; while New-Hampshire he is free;" and again, (1702) that' there is no (save in Vermont), Rhode Island, New-Jersuch thing as a slave by the law of England." sey, Maryland, Delaware, and South CaroThis judgment proving exceedingly trouble- lina., possessed no such boasted resources-to some to planters and merchants from slave- meet the war-debts constantly augmenting. holding colonies visiting the mother country They urged, therefore, with obvious justice, with their servants, the merchants concerned that these unequal advantages ought to be in the American trade, in 1729, procured from surrendered, and all the lands included within Yorke and Talbot, the Attorney General and the territorial limits of the Union, but outSolicitor General of the Crown, a written side of the proper and natural boundaries of opinion that negroes, legally enslaved else- the several States, respectively, should be where, might be held as slaves in England, ceded to, and held by, Congress, in trust for and that even baptism was no bar to the mas- the common benefit of all the States, and ter's claim. This opinion was. in 1749, held their proceeds employed in satisfaction of the to be sound law by Yorke (now Lord Hard- debts andliabilities of the Confederation. This wicke), sitting as Judge, on the ground that, reasonable requisition was ultimately, but if the contrary ruling of Lord Holt were up- with some reservations, responded to. Virheld, it would abolish slavery in Jamaica or ginia reserved a sufficiency beyond the Ohio Virginia as well as in England; British law to furnish the bounties promised to her rebeing paramount in each. Thus the law volutionary officers and soldiers. Connectistood until Lord Mansfield, in Somerset's cut, a western reserve, since largely settled case, reversed it with evident reluctance, and from the parent State. Massachusetts reafter having vainly endeavored to bring about served five millions of acres, located in Westan accommodation between the parties. ern New York, which she'claimed to be When delay would serve no longer, and a entitled by her charter to own. In either of judgment must be rendered, Mansfield declar- these cases, the fee only was reserved, the ed it in these memorable words: sovereignty being surrendered. " We cannot direct the law; the law inust di- The cessions were severally made during, rect us. * * * The state of Slavery is of such a or directly after, the close of the Revolutionnature that it is incapable of being introduced on ary War. And one of the most obvious duany reasons, moral or political, but onlyby posi- ties devolved on the Continental C6ngresg, tive law. which preserves its force long after the which held its sessions in Philadelphia direasons, occasion, and time itself whence it was sessions in hi created, is erased from the memory. It is so odi- rectly after the close of that exhaustin strugous that nothing can be sufficient to support it gle, was the framing of an act or ordinance but positive law. Whatever inconveniences, for the government of the vast domain thus therefore, may follow from the decision, I cannot say this case is allowed oir approved by the law committed to its care and disposal. of England, and therefore the black must berdi- The responsible duty of framing this ordicharged." nance was devolved by Congress on a Select The natural, if not necessary, effect of this Committee, consiatfig" of Mr. Jefferson of decision on Slavery in these colonies, had their Va. (Chairman), Chase of Md., and Howell connection with the mother country been of R. I.; who in due time reported a plan for continued, is sufficiently obvious. the government oftheWestern Territory, contemplating the whole region included within II. our boundaries west of the old thirteen States, and as far sbuth as our 31st degree of North SLAVERY UNDER THE CONFEDERATION. latitode; territory as yet partially ceded to the THE disposition or management of un- Cofederation, but which was expected to be peopled territories, pertaining to the thirteen s, and embracing several of our present Slave recent colonies now confederated as inde- tates. This plan contemplated the ultimate pendent States, early became a subject of division of this territory into seventeen States, solicitude and of bickering among th eight of them situated below the parallel of States, and in Congress. By the termsof the Falls of the Ohio (now Louisville), and their charters, some of the colonies had an in- nine above it. Among other rules reported definite extension westwardly, and Wer only from this Committee by Mr. Jefferson, for limited by the power of the grantor,' Many the government of this vast region, was the ofthese'charters conflicted with each other- following: the same territory being included within the "That aftertiyear 1800, of the Christian era. limits of two or more totally distinct colonies, there shall be neither Slavery nor involuntary As the expenses of the Revolutionary strugogle servitude in any of the said States, otherwise began to bear heavily on the resources of ~tlie than in punishment of crimes, whereof the party ntobearhevlyonteeouce shall have been convicted to be personally States, it was keenly felt by some that their guilty." share in the advantages of the expected triumph, would be less than that of others. April 19th, 1784.-Congress having the Massachusetts, Connecticut, New-York, Vir- aforesaid Report under consideration, Mr. ginia, North Carolina, and Georgia, laid Spaight, of N. C., moved the striking out of ~4 ~ THE STRUGGLE FOR SLAVERY RESTRICTION. the above paragraph. Mr. Read, of S. C., tives from labor or service, soon after emboseconded the motion The ayes and nays, died in the Federal Constitution; and in being required by Mr. Howell, were ordered, this shape, the entire ordinance was adopted and put in this form-" Shall the words (July 13th) by a unanimous vote, Georgia moved to be stricken out stand?"-and de- and the Carolinas concurring. cided as follows: N.-HAMPSHIE. Mr. Foster... ay. III. "Blanchard ay At' MASSACHUSETTS." Gerry...... ay A UNDER THE CONSTITUTION. ~ Partridge ay.Ay. RHODE ISLAND. E"llery... ay t THE old Articles of Confederation having "Howell... ay A. proved inadequate to the creation and mainCONNECTICUT... Sherman.. ay Ay. tenance of a capable and efficient national or NTEW-YoK.. " Wadsworth ay central authority, a Convention of Delegates IN:EwV'JYOnK ~ ~~De Witt... ay Ai i " Paine.... ay from the several States, was legally assemNEW-JERSEY... "Dick.... ay bled in Philadelphia, in 1787-George WashPENNSYLVANIA.. "Mifflin.... ington President; and the result of its labors "Montgomery ay Ay. " Montgomery. ay y. was our present Federal Constitution, though "Hand. a.y..". ny) MARYLAND... McHenry... no o some amendments, mainly of the nature of "Stone... no restrictions on Federal power, were proposed VIRGINIA..." Jefferson.. ay) by the several State Conventions assembled, " Hardy.... no No. to pass upon that Constitution, and adopted. N. CAROLINA. " Merc oner.... no) The following are all the provisions of that Y. CAROLINA" "Wiliamson. ayinstr " Spaight.... D instrument, which are presumed to bear upon Spaight.. no S. CAROLINA " "Ra..... no N the subject of Slavery: "Beresford... no No. * No quorum. Be o (Preamble) " We, the people of the United So the question was lost, and the words States, in order to form a more perfect Union, were struck out. establish justice, insure domestic tranquillity, provide for the common defense, promote the geLost-although six States voted ay to neral welfare, and secure-the blessings of liberty only three nay; and though of the members to ourselves and our posterity do ordain and present,sixteen voted for, to seven against, Mr. establish this Constitution for the United States Jefferson's proposition. But the Articles of of America. "Art. I. ~ 1. All legislative powers herein Confederation required a voteofnineStates "At. l beAtlegilatveper herein Confederation required a vote of nine States granted, shall be vested in a Congress of the to carry a proposition; and, failing to re- United States, which shall consist of a Senate and ceive so many, this comprehensive exclusion House of Representatives. of Slavery from the Federal Territories was "; $ 2. * * * Representatives and direct taxes defeated. shall be apportioned among the several States hei, depeatede, after un which may be included within this Union, accordThe Ordinance, thus depleted, after under- ing to their respective numbers, which shall be going some further amendments, was finally determined, by adding to the whole number of approved April 23rd-all the delegates, but free persons, including those bound to servitude those from South Carolina, voting in the for a term of years, and'exCluding Indians not aff~ irma~. tive, *taxed, three-fifths of all other persons. affirmative.. " 9. The migration;or importation of such In 1787 the last Continental Congress, persons as any of the States now existing, shall sitting in New York simultaneously with think proper to admit, shall not be prohibited by the Convention at Philadelphia which the Congress prior to the year 1808; but a tax or framed our Federal Constitution, took up duty may be imposed,. not exceeding ten dollars on each person. the subject of the government of the West- " The privilege of the writ of habeas corpus ern Territory, raising a Committee thereon, shall not be suspended, unless when, in cases of of which Nathan Dane, of Massachusetts, rebellion or invasion, the public safety may rewas Chairman. That Committee reported quire it. (July 11th), "An Ordinance for the gov- "' No bill of attainder, or ex post facto laws ~(July11th), "An Ordinance ortegov- a.shall be passed. ernment of the Territory of the United " Art. III. ~ 3. Treason against the United States, Northwest of the Ohio"-the larger States, shall consist only in levying war against area contemplated by Mr. Jefferson's bill them, or in adhering to their enemies, giving them aid and comfort. not having been ceded by the Southern "Art. IV. ~ 2. The citizens of each State shall States claiming dominion over it. This bill be entitled to all the privileges of citizens, in the embodied many of the provisions originally several States. drafted and reported by bJvefferson, but "N- " No person held to service or labor in one with some modifications, and concludes with State, under the laws thereof, escaping into wiunalterable modarticles ofd pertual c ct, another, shall, in consequence of any law or regusix unalterable articles of perpetual compact, lation therein, be discharged from such service or the last of them as follows: labor, but shall be delivered up on claim of the "There shall be neither slavery nor involun- partyto whom such service or labor may be tary servitude, in the said territory, otherwise due. than in punishment of crimes, whereof the parties "d, 3. New States may be admitted by the shall be duly convicted." Congress into this Union; but no new State shall be formed or erected within the jurisdiction of To this was added, prior to its passage, any other State; nor any State be formed by the'the stipulation for the delivery of fugi- junction of two or more States, or parts of States, EARLY ATTEMPTS TO OVERRIDE THE ORDINANCE. 6 without the consent of the legislatures of the sary to the security of a free State, the right of States concerned, as well as of the Congress. the people to keep and bear arms shall not be "The Congress shall have power to dispose infringed. of, and make all needful rules and regulations re- "Art. V. No person shall be * ** deprived of specting the territory or other property, belonging life, liberty, or property, without due procass of to the United States; and nothing in this Consti- law; nor shall private property be taken for pubtution shall be so construed as to prejudice any lic use without just compensation." claims of the United States, or of any particular State. " 4 The United States shall guarantee to every State in this Union, a republican form of CESSIONS OF SOUTHERN TERRITORY. government, and shall protect each of them against invasion; and on application of the legis- THE State of KENTUCKY was set off from lature, or of the executive when the legislature the State of Virginia in 1790, by mutual cannot be convened, against domestic violence. agreement, and admitted into the Union by A' Art. VI. This Constitution, and the laws of ^ the United States, which shall be made in pur-gre passed ruay 4t, suance thereof, and all the treaties made, or to take effect June 1st, 1792. It was never which shall be made, under the authority of the a territory of the United States, nor under United States, shall be'the supreme law of the Federal jurisdiction, except as a State, and land; and the judges in every State shall be inherited Slavery from the' Old Dominion.' bound thereby, anything in the Constitution or laws of any State to the contrary notwithstand- The State of North Carolina, like several ing." others, claimed, during and after the RevoluThe above are all-and perhaps more than tion, that her territory extended westward to all-the clauses of the Constittion, that the Mississippi. The settlers west of the have been quoted on one side or the other as Alleganies resisted this claim, and a portion bearing upon the subject of Slavery. of them assumed to establish (1784-5) the bearil upon the subjectof Slavery " or State of Frankland, in what is now East It will be noted that the word slaveor Tennessee; but North Carolina forcibly reslavery" does not appear therein. Mr. sisted and subverted this, and a considerable -Madison, who was a leading and observant ss ted ad sbve rte th, an a co der member of the'Convention, and who took portion of the people of the embryo State demember of the Convention, and who took rided its authority, and continued to act and notes of its daily proceedings, affirms that rided its authority and continue to act and this silence was designedthe Convention vote as citizens of North Carolina. A delethis silence was designed —the Convention (WilliamCocke)wassen from Frankbeing unwilling that the Constitution of the gae (ll Cocngress, but waa Unite land to the Continental rCongress, but was United States should recognize property in not received by that body. On the 22nd of human beings. In passages where slaves December, 1789, however-one month after are presumed to be contemplated, they are hr ratification of the Federal Constitutionuniformly designated as" persons," never as North Carolina passed an act, ceding, on property. Contemporary history proves certain conditionsll her territoy westof that it was the belief of at least a large por- ertain cond itions, all her terity w est of tion of the delegates that Slavery could not her present limits to the United State long survive the final stoppage of the slave- Among the conditions exacted by her, and trade, which was expected to (and did) occur 2nd, y C res, (ct a ved Aling: in 1808.'And, were Slavery this day banished 90) the ollowing fgrever from the country, there might, indeed, "Provided always, that no regulations made, or rever from the country, there might, indeed, to be made, by Congress shall tend to emancipate be some superfluous stipulations in the slaves." Federal compact or charter; but there are Georgia, in like manner, ceded (April 2nd, none which need be repealed, or essentially 1802) the territories lying west of her premodified. sent limits, now forming the States of AlaA direct provision for the restoration of bama and Mississippi. Among the confugitive slaves to their masters was, at least ditions exacted by her, and accepted by the once, voted down by the Convention. United States, is the following: Finally, the clause respecting persons "held " Fifthly. That the territory thus ceded shall beat service or labor," was proposed by eome a State, and be admitted into the Union as Mr. Butler, of South Carolina, and adopted, soon as it shall contain sixty thousand free inhabitwith little or no opposition. ants, or, at an' earlier period, if Congress shall with little or no opposition. trthink it expedient, on the same conditions and The following, among the amendments restrictions, with the same privileges, and in the to the Constitution proposed by the same manner, as is provided in the ordinance of ratifying conventions of one or more States, Congress of the 13th day of July, 1787, for the and adopted,' are supposed. by some to bear government of~th Western territory of the United and dopted,are supposedby some to bear tates; whichorinance shall, in all its parts, exon the questions now agitated relative to tend to the territory contained in the present act Slavery: of Cession, the article only excepted which forbid* slavery." "Art. I. Congress shall make no law respecting an establishment of religion, or prohibiting V. the free exercise thereof; or abridging the freedom of speech, or of the press; or of the rightsTEMPT OVERRIDE T of the people peacefully to assemble, and to ORDINANCE. petition the Government for a redress of griev"Anr~t6l~e. I Awel-regulatemiWHEN Ohio (1802-3) was made a "Art. II. A well-regulated militia being neces- State, the residue of the vast regions: ~ THE STRUGGLE FOR SLAVERY RESTRICTION. originally conveyed by the ordinance of This Report, having been made at the close'87, was continued under Federal pupilage, of the Session, was referred at the next to a by the name of "Indiana Territory,"whereof new Committee, whereof Caesar Rodney, a Wrm. Henry Harrison (since President) was new Representative from Delaware, was appointed Governor. An earnest though Chairman. Mr. Rodney from this Commitquiet effort was made by the Virginia ele- tee reported (February'17th, 1804),, ment, which the location of her military "That, taking into their consideration the facts bounty warrants on the soil of Ohio had in- stated in the said memorial and petition, they are fused into that embryo State, to have induced to believe that a qualified suspension, for Slavery for a limited term authorized in her a mited time, of the sixth article of compact beSlavery. for a limited term authorized inhertween the original States and the people and first Constitution; but it was strenuously re- States west of the river Ohio, might be producsisted by the New England element, which tive of benefit and advantage to said Territory.', was far more considerable, and defeated. The The Report es on to discuss the other Virginians either had or professed to have th ee t topics embraced in the Indiana memorial, and countenance of President Jeffern, though concludes with eight resole o which the his hostility to Slavery, as a permanent social f irs t (and only one relative to avery) is as state, was undoubted. It asquite ommonly st (andonly one relative to Slavery) is as state, was undoubted. It was quite Common ll argued that, though Slavery was injurious in the long run, yet, as an expedient while "Resolved That the itb article of the Or dinance of 1787, which prohibited Slavery clearing away the heavy forests, opening within the said Territory, be suspended in a settlements in the wilderness, and surmounting qualified manner, for ten years, so as to permit the inevitable hardships and privations of tie introduction of slaves, born within the United border life, it might be tolerated, and even tates, from any of the individual States; provided, that such individual State does not permit regarded with favor. Accordingly, the new the importation of slaves from foreign countries: Territory of Indiana made repeated efforts to and provided, further, that the descendants of procure a relaxation in her favor of the re- all such slaves shall, if males, be free at the age strictive clause of the Ordinance of'87, one of of twenty-five years, and, if females, at the age them through the instrumentality of a Con- of twenty-oneyears." vention assembled in 1802-3, and presided The House took no action on this Report. over by the Territorial Governor; so he, The original memorial from Indiana, with with. the great body of his fellow-delegates, several additional memorials of like purport, memorialized Congress, among other things, was again, in 1805-6, referred by the House to suspend temporarily the operation of the toa select committee, whereof Mr. Garnett sixth article of the Ordinance aforesaid. ofVirginia was chairman, who, on the 14th This memorial was referred in the Honse to of February, 1806, made a report in favor of a select committee of three, two of them the prayer of the petitioners-as follows: from Slave States, with the since celebrated That, having attentively considered the facts John Randolph as chairman. On the 2nd of stated in the said petitions and memorials, they March 183 Mr. Randlp mae wht apare of opinion that a qualified suspension, for a March, 1803, Mr. Randolpa made what r p- limited time, of the sixth article of compact be-'pears to have been a unanimous report from tween the original States, and the people and this Committee, of which we give so much as States west of the river Ohio, would be beneficial relates to Slavery-as follows: to the people of the Indiana Territory. The suspension of this article is an object almost univer" The rapid- population of the State of Ohio sally desired in that Territory. sufficiently evinces, in the opinion of your com- It appears to your committee to be a question mittee, that thelabor of slaves is not necessary entirely different from that between Slavery and to promote the growth and settlement of colonies Freedom; inasmuch as it would merely occasion in that region. That this labor-demonstrably the removal of persons, already slaves, from one the dearest of any-can only be employed in the part of the country to another. The good effects cultivation of products more valuable than any of this suspension, in the present instance, would known to that quarter of the United States; that be to accelerate the population of that Territory, the Committee deem it highly dangerous and in- hitherto retarded by the operation of that article expedient to impair a provision wisely caculated of compact, as slave-holders emigrating into the to promote the happiness and prosperity of the Western country might then indulge any prefernorthwestern country, and to give strength and ence which they might feel for a settlement in security to that extensive frontier. In the salutary the Indiana Territory, instead of seeking, as they operation of this sagacious and benevolent re- are now compelled to do, settlements in other straint, it is believed that the inhabitants of In- States or countries permitting the introduction of diana will, at no very distant day, find ample re- slaves. The condition of the slaves themselves mnuneration for a temporary privation of labor, would be much ameliorated by it, as it is evident, and of emigration." from experience, that the more they are separated and diffused, the more care and attention are be The Committee proceed to discuss other stowed on them by their masters-each proprietor subjects set forth in the prayer oT the memo- having it in his power to increase their comforts rial, and conclude with eight resolves, whereof and conveniences, in proportion to the smallness the only one. relating to Slavery is as fol- of their numbers. The dangers, too, (if any are iQ~glows:.to be apprehended) from too large a black popu~~~~~~~~lows: lation existing in any one section of country, " Resolved, Th'at it is inexpedient to suspend, for would certainly be very much diminished, if not 4a limited time, the operation of the sixth article of entirely removed. But, whether dangers are to t~he compact between the original States and the be feared from this source or not, it is certainly an people andStates west of the river Ohio." obvious dictate of sound policy to guard against EARLY ATTEMPTS TO OVERRIDE THE ORDINANCE. 7 them, as far as possible. If this danger does ex- it would not augment the number of slaves, but ist, or there is any cause to apprehend it, and our merely authorize the removal to Indiana of such Western brethren are not only willing but desi- as are held in bondage in the United States. If rous to aid us in taking precautions against it. Slavery is an evil, means ought to be devised to would it not be wise to accept their assistance? render it least dangerous to the community, and We should benefit ourselves, without injuring by which the hapless situation of the slaves would them, as their population must always so far ex- be most ameliorated; and to accomplish these obceed any black population which can ever exist in jects, no measure would be so effectual as the that country, as to render the idea of danger from one proposed. The Committee, therefore, rethat source chimerical spectfully submit to the House the following resolution:' After discussing other subjects embodied "Resolved, That it is expedient to suspend, in the Indiana memorial, the committee close from and after the 1st day of January, 1808, the with a series of Resolves, which they con- sixth article of compact between the United States mend to the adoption of the House. The and the Territories and States northwest of the lst an-d oy o. ne* gr. tOhio, passed the 13th day of July, 1787, for the,first and only one germane to our subject term often years." is as follows: Resolved, That the sith article of the Ordi- This;eport, with its predecessors, was nance of 1787, which prohibits Slavery within committed, and made a special order, but the Indiana Territory. be suspended for ten never taken into consideration. years, so as to permit the introduction of slaves, born within the United States, from any of the individual States. The same letter of Gen. Harrison, and re This report and resolve were committed solves of the Indiana Legislature, were sub and made a special order on the Monday mitted to the Senate, Jan. 21st, 1807. They following, but were never taken into consid- were laid on the table " for consideration," eration. and do not appear to have even been referred At the next session, a fresh letter from at that session; but at the next, or first sesGov. William Henry Harrison, inclosing re- sion of the fourth Congress, which convened solves of the Legislative Council and House Oct. 26th, 1807, the President (Nov. 7th) of Representatives in favor of suspending, for submitted a letter from Gen. Harrison and his a limited period, the sixth article of compact Legislature-whether a new or the old one aforesaid, was received (Jan. 21st, 1807) and does not appear-and it was now referred to referred to a Select Committee, whereof Mr. a select committee, consisting of Messrs. J. B. Parke, delegate from said Territory, was Franklin of N. C., Kitchel of N. J., and made chairman. The entire Committee (Mr. Tiffin of Ohio. Nathaniel Macon of N. C. being now Speak- Nov. 13th, Mr. Franklin, from said comer) consisted of mittee, reported as follows: Messrs. Alston of N. C. Rhea of Tenn. "The Legislative Council and House of RepMasters of N. Y. Sandford of Ky. resentatives, in their resolutions, express their Morrow of Ohio. Trigg of Va. sense of the propriety of introducing Slavery into Parke of Ind. their Territory, and solicit the Congress of the bMr. Parke, from this Committee, made United States to suspend, for a given number of years, the sixth article of compact, in the ordt(Feb. 12th,) a third Report to the House in nance for the government of the Territory northfavor of granting the prayer of the meno- west of the Ohio, passed the 13th day of July, rialists. It is as follows: 1787. That article declares:' There shall be nei "The resolutions of the Legislative Council t Savry noinoluntary servitude within the said Territory.' and House of Representatives o the ndiana Ter- " The citizens of Clark County, in their remonritory, relate to a suspension, for the term of ten strance, express their sense of the impropriety of years, ot the sixth articleof compact between the the measure, and solicit the Congress of the United States and the Territories and States north- United States not to act on the subject, so as to westof the riverOhio, passed the 13th July, 1787. peit the ntroduction of slaves into the erriThat artSle declares at there shll be neither tory; at least, until their population shall entitle ^ ^"^ ^^^ ^ ^ ^ ^ ^ them to form a constit-tiot, and State govern. Slavery nor involuntary servitude in the sid the to foa a constittio and State governTerritory. " ment. "The suspension of the said article would oe- "Your Committee, after duly considering the rate an immediate and essential benefit to the Ter- matter respectfully submit the following resoluritory, as emigration to itwill be inconsiderable for tion: many years, except from those States where Sla- " Resolved, That it is not expedient at this time very is tolerated. to suspend the sixth article of compact for the " And although it is not onsidered expedient to government of the Territory of the United States force the population of the Territory, yet it is de- northwest of the River Ohio." sirable to connect its scattered settlements, and, in admitted political rights, to place it on an equal And here ended, so far as we have been footing with the different States. From the into- able to discover, the effort, so long and earnrior situation of the Territory, it is not believed ersisted in, to procure a suspension of that slaves could ever become so numerous as to estly p endanger the internal peace or future prosperity the restriction in the Ordinance of 1787, so as of the country. The current of emigration flow- to admit Slavery, for a limited term, into the ing to the Western country, the Territories should Terrritory lying between the Ohio and Misall be opened to their introduction. The abstract sssppi rivers, now forming the States of question of Liberty and Slavery is not involved in sissippi rivers, now forming the States of the proposed measure, as Slavery now exists to a Ohio, Indiana, Illinois, Michigan, and Wisconsiderable extentin different parts of the Union; consin. 8 THE STRUGGLE FOR SLAVERY RESTRICTION. VI. for its second session, on the 16th of Novera ber, 1818. Feb. 13th, the House went into THE FIRST MISSOURI STRU.GLE. ( Committee of the Whole-Gen. Smith, of THE vast and indefinite territory known Md., in the chait-and took up the Missouri as Louisiana, was ceded by France to the bill aforesaid, which was considered through United States in the year 1803, for the sum that sitting, as also that of the 15th, when of $15,000,000, of which $3,750,000 was de- several amendments were adopted, the most voted to the payment of American claims on important of which was the following, moved France. This territory had just before been in Committee by Gen. James Tallmadge, of ceded by Spain to France without pecuniary Dutchess County, New York, (lately deconsideration. Slaveholding had long been ceased:) legal therein, alike under Spanish andFrench "And provided also, That the furtherirrtroducrule, and the Treaty of Cession contained tion of Slavery or involuntary servitude be prothe following stipulation: hibited, except for the punishment of crimes, whereof the party shall be duly convicted; and "Art. III. The inhabitants of the ceded terr- that all children of slaves, born within the said tory shall be incorporated into the Union of the State, after the admission thereof into the Union, United States, and admitted as soon as possible, shall be free, but may be held to service until the according to the principles of the Federal Consti- age of twenty-five years." tution, to the enjoyment of all the rights, advan- n o f, te e tages and immunities of citizens of the United Committee, theYea and States; and in the mean time they shall be main- Nays were called on the question of agreeing tained and protected in the free enjoyment of to this amendment, which was sustained by their liberty, property, and the religion which the following vote: [taken first on agreeing they profess." to so much of it as precedes and includes the The State of Louisiana, embodying the wrd "convicted."] southern portion of this acquired territory, YEAS-Foe the Restriction: was recognized by Congress in 1811, and NEw HAMPSHIRE.-Clifton Clagett, Samuel fully admitted in 1812, with a State Consti- Hale, Arthur Livermore, Nathaniel Upham-4. tution. Those who chose to dwell among MASSACHUSETTs-(then including Maine).the inhabitants of the residue of the Lou- Benjamin Adams, Samuel C. Allen, Water Fol~ rc ha s. n 1.. er, jr., Timothy Fuller, Joshua Gage, Enoch isiana purchase, henceforth called Missouri Lincoln, Elijah H. Mills, Marcus Morton, JereTerritory, continued to hold slaves in its miah Nelson, Benjamin Orr, Thomas Rice, Nasparse and small, but increasing settlements, thaniel- Ruggles, Zabdiel Sampson, Nathaniel mainly in its southeastern quarter, and a Silsee,JonWilson-. I RHODE ISLAND.-James B. Mason-1. pro-slavery court-perhaps any- court- CNEcTICUT.-Sylvester Gilbert, Ebenezer would undoubtedly have pronounced Sla- Huntington, Jonathan O. Moseley, Timothy Pitvery legal anywhere on its vast expanse, kin, Samuel B. Sherwood, Nathaniel Terry, Thofrom the Mississippi to the crests of the masS.Williams-7. Mountains,* ~ iVERMoNT.-Samuel C. Crafts, William Hunter, Rocky Mountains, if not beyond them, and Rocky Mountains, if not beyond them, and Orsamus C. Merrill, Charles Rich, Mark Richfrom the Red River of Louisiana to the Lake ards-5. of the Woods. NEW-YORK.-Oliver C. Comstock, John P. The XVth Congress assembled at Wash- Cuhman, John R. Drake, Benjamin Ellicott Jon a D. 1s, 1817. H y siah Hasbrouck, John Herkimer, Thomas H. ington, on Monday, Dec. 1st; 1817. Henry Hubbard, William -Irving, Dorrance Kirtland, Clay was chosen Speaker of the House. Mr. Thomas Lawyer, John Palmer, John Savage, John Scott appeared on the 8th, as delegate Philip J. Schuyler, John C. Spencer, Treadwell from Missouri Territory, and was admitted Scudder, James Tallmadge, JohnW. Taylor, Cato a seat as such. On the 16th of March fol- leb Tompkins, Geo. Townsend, Peter H. Wendover, Rensselaer Westerlo, James W. Wilkin lowing, he presented petitionsof sundry in- Isaac Williams-23.'habitants of Missouri, in addition to similar NEW-JERSY. —Ephraim Bateman, Benjamin petitions already presented by him, praying for Bennett, Charles Kinsey, John Linn, Henry the admission of Missouri into the Union as Southard-5. PENNSYLVANIA.-William Anderson, Andrew a State, which were, on motion, referred-to a Boden, Isaac Darlington, Joseph Heister, Joseph Select Committee, consisting of Hopkinson, Jacob Hostetter, William Maclay, William P. Maclay, David Marchand, Robert Messrs. Scott of Mo. Poindexter of Miss. Ro- Moore, Samuel Moore, John Murray, Alexander bertson of Ky. Hendricks of Ind. Livermore Ogle, Thomas Patterson, Levi Pawling, Thomas of N. H. Mills of Mass. Baldwin of Pa. J. Rogers, John Sergeant, James M. Wallace, John Whiteside, William Wilson-20. April 3rd, Mr. Scott, from this Commit- OHIO.-Levi Barber, Philemon Beecher, John tee, reported a bill to authorize the People W. Campbell, Samuel Herrick, Peter Hitchcock of Missouri Territory to form a Constitution Dam Hendrick and State Government, End for the admission DELAARE.-Willard Hall-1. of such State into the Union on an equal footing with the original States; which bill Total Yeas 87-only one (the last named) was read the first and second time, and sent from a Slave State. to the Committee of the Whole, where it NAYS-Against the Ivestriction: slept for the remainder of the session. MASSACHUSETTS.-John Holmes, Jonathan That Congress convened at Washington Mason, Henry Shaw —. THE FIRST MISSOURI STRUGGLE. 9 NEw-YoRK.-Daniel Cruger, David A. Ogden, question (Feb. 15th) appears in the Appern Henry R. Storrs —3.. NEwJERSEY.Oseph Bloomfield-1, dix to Niles's Register, vol. xvi. oNEW-JE sY.'-Jose ph Bloomfield-I, NEW-HAMPSHIRE. —John F. Parrott-1. HOUSE OF REPRESENTATIVES, FEB. 15, 1819. OHIo.-William Henry Harrison-1. ILLINOIS.-John McLean-1. [10 from Free Mr. Tallmadge, of New York, having States.] moved the following amendment, on the Saturday DELAWARE.-Louis McLane-1. precedingMARYLAND.-Archibald Austin,Thomas Bayly; Thomas Culbreth, Peter Little, George Peter, "Andprovtdedthatthe introducton of Slavery, Philip Reed, Samuel Ringgold, Samuel Smith, or nvoluntary servitude, be prohibited, except Philip Stuart-9. for the punishment of crimes, whereof the party VIRGINIA.-William Lee Ball, Philip P. Bar- has bee duly convicted, and that all children bour, Burwell Bassett, William A. Burwell, Ed- born thin the said State, after the admissio ward Colston, Robert S. Garnett, James Johnson, thereof to the Union, shall be declared free at William J. Lewis, William McCoy, Hugh Nelson, the age of 25 years." Thomas M. Nelson. John Pegram, James Pindall. Mr. FULIR of Massachusetts said that Mr. Fur.F R, of Massachusetts, said, that James Pleasants, Ballard Smith. Alexander. James Pleasants, Ballard Smith. Alexander in the admisvlon of new States into the Union, he Smyth, Henry St. George Tucker, John Tyler — onsidered'that Congress had a discretionary NORTH CAROLINA. Tseh H. Bryan, Wiliam power. By the 4th article and 3d section of the Constitution, Congress are authorized to admit Davidson, Weldon N. Edwards, Charles Fisher, onstution, Congress are authorized to admit Thomas H. Hall, James Owen, Lemuel Sawyer, them; but nothing in that section, or in any part T'homas H. Hall James OiJ, Lemuel r.Sawyer, of the Constitution, enjoins the admission as im Thomas Little, Jesse Slocumb, James G. Smith, nder any circumstances.sion as im wre James Stewart, Felix Walker, Lewis Williams- perative, he wo uld request gentlemen t int 13. otherwise, he would request gentlemen to point SOUTH CAROLINA. -James Ervin, William out what were the circumstances or conditions Lowndes, Henry Middleton, Wilson Nesbitt, El- precedent, which being found to exist, Congress bert Simkin, Sterling Tucke. ust admit the new State. All discretion would, bert Simkins, Sterling Tucker —6. GEORGIA.-Joel Abot Thomas W. Cobb, Za- in such case, be taken from Congress, Mr. F. said, GORGIA.-Joel Abbot, Thomas W. C, Z and deliberation would be useless. The hon. doec Cook, William Terrell —4. KENTCKY.-Richard C. Anderson, jr., Joseph speaker (Mr. Clay) has said that Congress has no Desha, Richard M. Johnson, Anthony Nep right to prescribe any condition whatever to the Thomas Neon, Geoge oberonTh ewly-organized States, but must admit them by a Thomas Newton, George Robertson, t'homas Speed, David Trimble, David Walker-9. simple act, leaving their sovereignty unrestrioed. Speed, David Trimble, David Walker —9. TENNESSEE.- William. G. Blount,' Francis [Here the speaker explained-he did not intend TJone, Gorge- W. L Marr, John Rhea-4. to be understood in so broad a sense as Mr. F. MississiPPi. —George Poindexter-1. stated.] With the explanation of the honorable LouissANA. —Thomas Butler —i. gentleman, Mr. F. said, I still think his ground as. untenable as before. We certainly have a right, Total Nays, 76-10 from Free States, 66 and our duty to the nation requires, that we should from Slave States. examine the actual state of things in the proposed State; and, above all, the Constitution expressly The House now proceeded to vote on the makes a REPUBLICAN form of government in the residue of the reported amendment [from the several States a fundamental principle, to be preword " convicted" above], which was like- served under the sacred guaranteeof the national wise sustained.-Yeas 82; Nays 78. legislature.-[rt.'4, sec. 4.] It clearly, therefore, is the duty of Congress, before admitting a new Messrs. Barber and Campbell of Ohio, Linn of sister into the Union, to ascertain that her constiN. J., and Mason of R. I.,who on. the former divi- tution or form ofgovernment is republican. Now, sion voted Yea, now voted Nay. sir, the amendment proposed by the gentleman Messrs. Schuyler and Westerlo of N. Y. (Yeas from NeW York, Mr. Tallmadge, merely requires before) did not vote now. Gen. Smith of Md. that Slavery shall be probibited in Missouri. Does changed from Nay before to Yea now. this imply anything more than that its constitution shall be republican? The existence of Slavery So the whole amendment-as moved by in any State is, so far, a departure from republGen. Tallmadge in Committee of the Whole, can principles. The Declaration of Independence, andthere carried-was sustained when report- penned by the illustrious statesman then, and at andherepor- this time, a citizen of a State which admits Slaveed to the House. ry, defines the principle on which our national Mr. Storrs of New-York (opposed to and state constitutions are all professedly founded. the Restriction), now moved the striking out The second paragraph of that instrument begins of so much of the bill as provides that the thus: "We hold thesetruths to be self-evidentS ta t.shal bte adittd l nt. e the Uin, that all men are created equal-that they are ennew State shall be admitted into the Union dowed by their Creator with certain unalienable "on an equal footing with the original rights; that among these are life, LIBERTY, and States" —which, he contended, was nullified thepursuitofhappiness." Since, then, it cannot by the votes just taken. The House nega-be denied that slaves are men, it follows that they tived the motion.. are, in a purely republican government, bornfree, tived the motion. and are entitled to liberty and the pursuit of hapMessrs Desha of Ky., Cobb of Ga., and piness. [Mr. Fuller was here interrupted by seveRhea of Tenn., declared against the bill as ral gentlemen, who thought it improper to quesamended. tion in debate the republican character of the IMessrs.Q Sctof)H nfMn annr Andpron nf slave-holding States, which had also a tendency, Messrs. Scott of Mo., and Anderson of as one gentleman (Mr. Colston, of Virginia) said, Ky., preferred the bill as amended to none. to deprive those States of the right to hold slaves The House ordered the bill, as amended, as property, ard he adverted to theprobability to a. third reading; Yeas 98; Nays 56. The that there might be slaves in the gallery, listening bill thus passed the House next day, and was to he debate.] Mr.. assured the gentleman nt to the Senate. that nothing was farther from his thoughts, than sent to the enate. to question on that floor. the right of Virginia and The following sketch of the debate on this other States, which held slaves when te Consti 10 THE STRUGGLE FOR SLAVERY RESTRICTION.'tution was established, to continue to hold them. then, the same compact contains certain excepWith that subject the National Legislature could tions. The States then holding slaves are pernot interfere, and ought not to attempt it. But, mitted, from the necessity of the case, and for the Mr. F. continued, if gentlemen will be patient, sake of union, to exclude the republican principle they will see that my remarks will neither dero- so far, and only so far, as to retain their slaves in gate from the constitutional rights of the States, servitude, and also their progeny, as had been the nor from a due respect to their several forms of usage, until they should think it proper or safe to government. Sir, it is my wish to allay, and not conform to the pure principle, by abolishing Slato excite local animosities, but I shall never re- very. The compact contains on its face the frain from advancing such arguments in debate as general principle and the exceptions. But the my duty requires, nor do I believe that the read- attempt to extend Slavery to the new States, is in ing of our Declaration of Independence, or a dis- direct violation of the clause, which guarantees cussion of republican principles on any occasion, a republican form of government to all the States. can endanger the rights, or merit the disapproba- This clause, indeed, must be construed in connection of any porton of the Union. tion with the exceptions before mentioned; but it My reason, Mr. Chairman, for recurring to the cannot, without violence, be applied to any other Declaration of our Independence, was to draw States than those in which Slavery was allowed from an authority admitted in all parts of the at the formation of the Constitution. Union, a definition of the basis of republican The honorable speaker cites the first clause in government. If, then, all men have equal rights, the 2d section of the 4th article-" The citizens of it can no more comport with the principles of a each State shall be entitled to all the privileges free government to exclude men oa certain color and immunities of citizens of the several States," from the enjoyment of " liberty and the pursuit which he thinks would be violated by the condiof happiness," than to exclude those who have tion proposed in the Constitution of Missouri. To not attained a certain portion of wealth, or a cer- keep slaves-to make one portion of the populatiia stature of body, or to found the exclusion on tion the property of another, hardly deserves to any other capricios or accidental circumstance. be called a privilege, since what is gained by the Suppose Missouri, before her admission as a masters must be lost by the slaves. But, inde-.Stte, were to submit to us her Constitution, by pendently of this consideration, I think the obwhich no person could elect, or be elected to any servations already offered to the committee, showofice, unless he possessed a clear annual income ing that holding the black population in servitude of twenty thousand dollars; and suppose we had is an exception to the general principles of the ascertained that only five, or a very small num- Constitution, and cannot be allowed to extend beber of persons had such an estate, would this be yond the fair import of the terms by which that anything more or less than a read aristocracy, exception is provided, are a sufficient answer to.inder a form nominally republican? Election the objection. The gentleman proceeds in the nd representatio, which -some contend are the same train of reasoning, and asks, if Congress can only essential principles of republics, would exist require one condition, how many more can be're-.only: i nsae — sfldow without substance, a quired, and where these conditions will end? With eody without a soul.But if all the other inhabit- regard to a republican constitution, Congress are ants were to be made slaves, And mere property obliged to require that condition, and that is of the favored few, the outrage on principle would enough for the present question; but I contend, be still more palpable. Yet, sir, it is demonstra- further, that Congress has a right, at their discreble, that the exclusion of the black population tion, to require any other reasonable condition. from al political freedom, and making them the Several others were required of Ohio, Indiana, property of the whites, is an equally palpable in- Illinois and Mississippi. The State of Louisiana, yaslou of right, and abandonmentof principle. If which was a part of the territory ceded to us at we do this in the admission of new States, we vio- the same time with Missouri, was required to prolate the Constitution, and we have not now the vide in her Constitution for trials by jury, the writ excuse which existed when our National C.onstitu- of habeas corpus, the principles of civil andreli/ion was establishe4. Then, to effect a concert gluns liberty, with several oth ps, peculiar to that of interests, it was proper to smake aoncesions. State. These, certainly, are none of them more he States where Slavery xisted not only claimed indispensable ingredients in a republican form of the right to coatiaue it, but it Was manifest that a government than the equality of privileges of all generl emanacipation ofslaves could not be asked the population; yet these have not been denied to f them. Their political existence would have be reasonable, and warranted by the National been in jeopardy; both masters and slaves must Constitution in the admission of new States.'Nor'hiave been involved in the most fatal conse- need gentlemen apprehend that Congress will set.njence. no reasonable limits to the conditions of admisTo guard against such intolerable evils, it is sion. In the exercise of their constitutional disprovided in the Constitution, " that the migration cretion on this subject, they are, as in all other ir importation of subc persons, as any of the ex- cases, responsible to the people. Their power to isting States think proper to admit, shall not be levy direct taxes is not limited by the Constituprohibited till 1808."-Art. 1, sec. 9. And it is tion. They may lay a tax of one million of dollars, provided elsewhere, that persons held to service or of a hundred millions, without violating the by the laws of any State, shall be given up by letter of the Constitution; but if the latter enorother States, to which they may have escaped, mous and unreasonable sum were levied, or even etc.-Art 4, sec. 2. - the former, without evident necessity, the people These provisions effectually recognized the have the power in their own hands-a speedy right in the States, which, at the time of framing corrective is found in the return of the elections. the Constitution, held the blacks in Slavery, to This remedy is so certain, that the representatives continue so to hold them until they should think of the people can never lose sight of it; and, conproper to meliorate their condition. The Consti- sequently, an abuse of their powers to any contution is a compact among all the States then ex- siderable extent can never be apprehended. The isting, by which certain principles of government same reasoning applies to the exercise of all the are established for the whole, and for each indi- powers entrusted to Congress, and the admission vidual State. The predominant principle in both of new States into the Union is in no respect an respects is, that ALL MEN are FREE, and have an exception. EQUAL RiGHT TO LIBERTY, and all other privi- Onegentleman, however, has contended against leges; or, in other words, the predominant princi- the amendment, because it abridges the rights of rle is REPUBLICANISM, in its largest sense. But, the slaveholding States to transport their slaves THE FIRST MISSOURI STRUGGLE. i1 to the new States, for sale or otherwise. This ar- said, that we are bound, by the treaty of cession gument is attempted to be enforced in various with France, to admit the ceded territory into the ways, and particularly by the clause in the Con- Union, "as soon as possible." It is obvious stitution last cited. It admits, however, of a very that the President and Senate, the treaty-making clear answer, by recurring to the 9th section of power, cannot make a stipulation with any folr article 1st, which provides that " the migration eign nation in derogation of the constitutional or importation of such persons as any of the States powers and duties of this House, by making it then existing shall admit, shall not be prohibited imperative on us to admit the new territory acby Congress till 1808.' This clearly implies, that *cording to the literal tenor of the phrase; but the the migration and importation may be prohibited additional words in the treaty, " according to the after that year. The importation has been pro- principles of the Constitution," put it beyond all hibited, but the migration has not hitherto been re- doubt that no such compulsory admission was strained; Congress, however, may restrain it,when intended, and that the republican principles of our it may be judged expedient. It is, indeed, con- Constitution are to govern us in the admission of tended by some gentlemen, that migration is either this, as well as all the new States, in the national synonymous with importation, or that it means family. something different from the transportation of slaves from one State to another. It certainly is Mr. TALLMADGE, of New York, rosenot synonymous with importation, and would not Sir, said he, it has been my desire and my intenhave been used if it had been so. It cannot mean tion to avoid any debate on the present painful exportation, which is also a definite and precise and unpleasant subject. When I had the honor term. It cannot mean the reception offree blacks to submit to this House the amendment now under from foreign countries, as is alleged by some, be- consideration, I accompanied it with a declaracause no possible reason existed for regulating tion that it was intended to confine its operation their admission by the Constitution; no free to the newly acquired territory across the Missisblacks ever came from Africa, or any other coun- sippi; and I then expressly declared, that I would try, to this; and to introduce the provision by the in no manner intermeddle with the slaveholding side of that for the importation of slaves, would States, nor attempt mranumission in any one of the have been absurd in the highest degree. What original States in the Union. Sir, I even went alternative remains but to apply the term " migra- further, and stated that I was aware of the delition" to the transportation of slaves from those cacy of the subject-and, that I had learned from States, where they are admitted to be held. to southern gentlemen the difficulties and the danother States. Such a provision might have in gers of haying free blacks intermingling with view a very natural object. The price of slaves slaves; and, on that account, and with a view to might be affected so far by a sudden prohibition the safety of the white population of the adjoining to transport slaves from State to State, that it was States, i would not even advocate the prohibition as reasonable to guard against that inconvenience of Slavery in the Alabama territory; because as against the sudden interdiction of the importa- surrounded as it was by slaveholding States, and tion. Hitherto it has not been found necessary with only imaginary lines of division, the interfor Congress to prohibit migration or transport- course between slaves and free blacks could not ation from State to State. But now it becomes the be prevented, and a servile war might be the reright and duty of Congress to guard against the suit. While we deprecate and mourn over the further extension of the intolerable evil and the evil of Slavery, humanity and good morals require crying enormity of Slavery. us to wish its abolition, under circumstances conThe expediency of this measure is very appa- sistent with the safety of the white population. rent. The opening of an extensive slave mrket Willingly, therefore, will I submit to an evil will tempt the cupidity of those who, otherwise, which we'eannot safely remedy. I admitted all perhaps, might gradually emancipate their slaves. that had been said of the danger of having free We have heardmuch, Mr. Chairan, of the Colo- blacks visible to slaves, and, therefore, did not nization Society; an institution which is the fa- hesitate to pledge myself that I would neither advorite of the humane gentlemen in the slavehold- vise nor attempt coercive manumission. But, sir, ing States. They have long been lamenting the all these reasons cease when we cross the banks miseries of Slavery, and earnestly seeking for a of the Mississippi into a territory separated by a remedy compatible with their own safety, and the natural boundary-a newly acquired territory happines of their slaves. At last the great deside- never contemplated in the formation of our govrafum is found-a colony in Africa for the eman- ernaent; not included within the compromise or cipated blacks. How will the enerousintentions mutual pledge in the adoption of our Constltuof these humane persons be friutrated, if the price tion-a new territory acquired by our comtsoa of slaves is to be doubled by a new and boundless fund, and ought justly to be subject to our O4mmarket! Instead of emancipation of the slaves, on legislation. it is much to be feared, thatunprincipled wretches Sir, when I submitte the amendment now will be found kidnapping those who are already under consideration, accompanied with these free, and transporting and selling the hapless vie- explanations, and with these avowals of my intims into hopeless bondage. Sir, I really hope tentions and of my motives-I did expect that that Congress will not contribute to discounte- gentlemen who might direr from me in opinion nance and render abortive- the generous and phi- would appreciate the liberality of my views, and lanthropic views of this most worthy and laudable would meet me with moderation as upon a fair society. Rather let us hope, that the time is not subject for general legislation. I did expect, at very remote, when the shores of Africa, which least, that the frank declaration of my views have so long been a scene of barbarous rapacity would protect me from harsh expressions, and and savage cruelty, shall exhibit a race of free from the unfriendly imputations which have been and enlightened people-the offspring, indeed, of cast out on this occasion. But, sir, such has cannibals or of slaves; but displaying the virtues been the character and the violence of this deof civilization and the energies of independent bate, and expressions of so much intemperance, freemen. America may then hope to see the de- and of an aspect so threatening have been used, velopement of a germ, now scarcely visible, cher- that continued silence on my part would ill beished and matured under the genial warmth of come me, who had submitted to this house the our country's protection, till the fruit shall appear original proposition. While this subject was in the regeneration and happiness of a boundless under debate before the Committee oT the whole continent. I did not take the floor, and I avail myself of One argument still remains to be noticed. It is this occasion to acknowledge my obligations to 12 THE STRUGGLE FOR SLAVERY RESTRICTION. my friends (Mr. Taylor and Mr. Mills) for the expressions, really intending the meaning which manner in which they supported my amendment, the words seem to import, and which had been at a time when I was unable to partake in the uttered against the gentleman from New Hampdebate. I had only on that day returned from a shire. [Mr. Nelson, of Virginia, in the Chair, journey, long in its extent and painful in its oc- called to order, and said no personal remarks casion; and from an affection of my breast I would be allowed.] Mr. T. said he rejoiced the could not then speak. I cannot yet hope to do Chair was at length aroused to a sense of its justice to the subject; but Ido hope to say duties. The debate had, for several days, proenough to assure my friends that I have not left gressed with unequaled violence, and all was in them in the controversy, and to convince the order; but now, when at length this violence on opponents of the measure, that their violence has one side is to be resisted, the Chair discovered it not driven me from the debate. is out of order. I rejoice, said Mr. T., at the disSir, the hon. gentleman from Missouri (Mr. covery, I approve of the admonition, while I am Scott, who hasjust resumed his seat, has toldus of proud to say it has no relevancy to me. It is the ides of March, and has cautioned us to "be- my boast that I have never uttered an unfriendly ware of the fate of Caesar and of Rome." Another personal remark on this floor; but I wish it disgentleman (Mr. Cobb) from Georgia, in addition tinctly understood, that the immutable laws of to other expressions of great warmth, has said, self-defense will justify going to great lengths, that if we persist, the Union will be dissolved; and and that, in the future progress of this debate, with a look fixed on me, has told us, we have the rights of defense would be regarded. kindled a fire which all the-waters of the ocean Sir, has it already come to this: that in the cannot put out, which seas of blood can only ex- Congress of the United States-that, in the legistinguish." lative councils of republican America, the subject Language of this sort has no effect on me; my of Slavery has become a subject of so much purpose is fixed, it is interwoven with my ex- feeling-of such delicacy-of such danger, that it istence; its durability is limited with my life; it cannot safely be discussed? Are members who is a great and glorious cause, setting bounds to a venture to express their sentiments on this subslavery the most cruel and debasing the world ject, to be accused of talking to the galleries, has ever witnessed; it is the freedom of man; it with intention to excite a servile war; and of is the cause of unredeemed and unregenerated meriting the fate of Arbuthnot and Ambrister? human beings. Are we to be told of the dissolution of the Union, If a dissolution of the Union must take place, of civil war. and of seas of blood? And yet, let it be so! If civil war, which gentlemen so with such awful threatenings before us, do genmuch threaten, must come, I can only say, let it tlemen, in the same breath, insist upon the encome! My hold on life is probably as frail as couragement of this evil; upon the extension of that of any man who now hears me; but while this monstrous scourge of the human race? An that hold lasts, it shall be devoted to the service evil so fraught with such dire calamities to us of my country-to the freedom of man. If blood as individuals,'and to our nation, and threatenis necessary to extinguish any fire which I have ing, in its progress, to overwhelm the civil and assisted to kindle, I can assure gentlemen, while religious institutions of the country, with the I regret the necessity, I shall not forbear to con- liberties of the nation, ought at once to be met, tribute my mite. Sir, the violence to which gen- and to be controlled. If its power, its influence, tlemen have resorted on this subject will not and its impending dangers, have already arrived move my purpose, nor drive me from my place. at such a point, that it is not safe to discuss it on I have the fortune and the honor to stand here this floor, and it cannot now pass under considerathe representative of freemen, who possess in- tion as a proper subject for general legislation, telligence to know their rights; who have the what will be the result when it is spread through spirit to maintain them. Whatever might be my your widely-extended domain? Its present own private sentiments on this subject, standing threatening aspect, and the violence of its suphere as the representative of others, no choice is porters, so far from inducing me to yield to its left me. I know the will of my constituents, and, progress, prompt me to resist its march. Now is regardless of consequences, I will avow it-as the time.. It must now be met, and the extension their representative, I will proclaim their hatred of the evil must now be prevented, or the occato Slavery in every shape-as their representative sion is irrecoverably lost, and the evil can never here will I hold my stand, till this floor, with the be controlled. Constitution of my country wlich supports it, Sir, extend your view across the Mississippi, shall sink beneath me-if I am doomed to fall, I over your newly-acquired territory-a territory shall, at least, have the painful consolation to be- so far surpassing, in extent, the limits of your lieve that I fall, as a fragment, in the ruins of my present country, that that country which gave country. birth to your nation-which achieved your RevoSir, the gentleman from Virginia (Mr. Colston) -lution-consolidated your Union-formed your has accused my honorable friend from New Constitution, and has subsequently acquired so Hampshire (Mr. Livermore) of " speaking to the much glory, hangs but as an appendage to the galleries," and by his "language endeavoring to extended empire over which your republican excite a servile war;" and has ended by saying, government is now called to bear sway. Look "he is no better than Arbuthnot and Ambrister, down the long vista of futurity; see your and deserves no better fate." When I hear such empire, in extent unequaled, in advantageous language uttered upon this floor, and within this situation without a parallel, and occupying all the house, I am constrained to consider it as hasty valuable part of one continent. Behold this exand unintended language, resulting from the tended empire, inhabited by the hardy sons of vehemence of debate, and not really intending the American freemen, knowing their rights, and inpersonal indecorum the expressions would seem heriting the will to protect them-owners of the to indicate. [Mr. Colston asked to explain, and soil on which they live, and interested in the insaid he had not distinctly understood Mr. T. stitutions which they labor to defend; with two Mr. Livermore called on Mr. C. to state the ex- oceans laving your shores, and tributary to your pressions he had used. Mr. C. then said he had purposes, bearing on their bosoms the commerce no explanation to give.] Mr. T. said he had ndne of our people; compared to yours. the governto ask-he continued to say, he would not be- ments of Europe dwindle into insignificance, and lieve any gentleman on this floor would commit the whole world is without a parallel. But, sir, so great an indecorum against any member, or reverse this scene; people this fair domain with against the dignity of this house, as to use buch the slaves of your planters; extend Slavery, this THE FIRST MISSOURI STRUGGLE. 13 bane of man, this abomination of heaven, over that all amendments and conditions are proper, your extended empire, and you prepare its dissolu- which suit a certain class of gentlemen, but whattion; you turn its accumulated strength into ever amendment is proposed, which does not positive weakness; you cherish a canker in your comport with their interests or their views, is unbreast; you put poison in your bosom; you place constitutional, and a flagrant violation of this a vulture preying on your heart-nay, you whet sacred charter of our rights. In order to be con-'he dagger and place it in the hands of a portion sistent, gentlemen must go back and strike out of your population, stimulated to use it, by every the various amendments to which they have tie, human and divine. The envious contrast already agreed. The Constitution applies equally between your happiness and their misery, be- to all, or to none. tween your liberty and their slavery, must con- Sir, we have been told that this is a new prinstantly prompt them to accomplish your destruc- ciple for which we contend, never before adopted, tion. Your enemies will learn the source and or thought of. So far from this being correct, it the cause of your weakness. As often as external is due to the memory of our ancestors to say, it dangers shall threaten, or internal commotions is an old principle, adopted by them, as the await you, you will then realize, that by your own policy of our country. Whenever the United procurement, you have placed amidst your States have had the right and the power, they families, and in the bosom of your country, a have heretofore prevented the extension of population producing at once the greatest cause Slavery. The States of Kentucky and Tennessee of individual danger, and of national weakness. were taken off from other States, and were adWith this defect, your government must crumble mitted into the Union without condition, because to pieces, and your people become the scoff of their lands were never owned by the United the world. States. The Territory northwest of the Ohio is all Sir, we have been told, with apparent confi- the land which ever belonged to them. Shortly dence, that we have no right to annex conditions after the cession of those lands to the Union, to a State, on its admission into the Union; and Congress passed, in 1787, a compact, which was it has been urged that the proposed amendment, declared to be unalterable, the sixth article of prohibiting the further introduction of Slavery, is which provides that "there shall be neither unconstitutional. This position, asserted with Slavery nor involuntary servitude in the said so much confidence, remains unsupported by any Territory, otherwise than in the punishment for argument, or by any authority derived from the crimes, whereof the parties shall have been duly Constitution itself. The Constitution strongly in- convicted" In pursuance of this compact, all dicates an opposite conclusion, and seems to con- the States formed from that Territory have been template a difference between the old and the admitted into the Union upon various conditions, new States. The practice of the government and, amongst which, the sixth article of this has sanctioned this difference in many respects. compact is included as one. The third section of the fourth article of the Let gentlemen also advert to the law for the Constitution says, "new States may be admitted admission of the State of Louisiana into the by the Congress into this Union," and it is silent Union: they will find it filled with conditions. It as to the terms and conditions upon which the was required not only to form a Constitution upon new States may be so admitted.. The fair infer- the principles of a republican government, but ence from this is, that the Congress which might it was required to contain the;' fundamental prin. admit, should prescribe the time and the terms ciples of civil and religious liberty." It was even of such admission. The tenth section of the first required as a condition of its admission, to keep article of the Constitution says,'" the migration its records, and its judicial and its legislative or importation of such persons as any of the procedings in the English language; and also to States'Now EXISTING shall think proper tp ad- secure the trial by jury, and to surrender all mit, shall not beprohibited by the Congress prior claim to unappropriated lands in the Territory, to theyear 1808." The words " now existing" with the prohibition to tax any of the United clearly show the distinction for which we con- States' lands. tend. The word slave is nowhere mentioned in After this long practice and constant usage to the Constitution; but -this section has always annex conditions to the admission of a State into been considered as applicable to them, and un- the Union. will gentlemen yet tell us it is unconquestionably reserved the right to prevent their stitutional, and talk of our principles being novel impoitation into any new State before the year and extraordinary? It has been said, that, if this 1808. amendment prevails, we shall have an union of Congress, therefore, have power over the States possessing unequal rights.' And we have subject, probably as a matter of legislation, but been asked, whether we wished to see such a more' certainly as a right, to prescribe the time "chequered union?" Sir, we have such a union and the condition upon which any new State already. If the prohibition of Slavery is the demay be admitted into the family of the Union. nial o a right, and constitutes a chequered union Sir, the bill now before us proves the correctness gladly would I behold such rights denied, and of my argument. -It is filled with conditions and such a chequer spread over every State in the limitations. The territory is required to take a Union. It is now spread over the States northcensus, and is to be admitted only on condition west of the Ohio, and forms the glory and the that it have 40,000 inhabitants. I have already strength of those States. I hope it will be exsubmitted amendments preventing the State from tended from the Mississippi to the Pacific Ocean. taxing the lands of the United States, and declar- Sir, we have been told that the proposed ing that all navigable waters shall remain open amendment cannot be received, because it is to the other States, and be exempt from any tolls contrary to the treaty and cession of Louisiana. or auties. And my friend (Mr. Taylor) has'also " Article 3. The inhabitants of the ceded terrishbmitted amendments prohibiting the State tory shall be incorporated in the Union of the from taxing soldiers' lands for the period of five United States, and admitted as soon as possible, years. And to all these amendments we have according to the principles of the Federal Conheard no objection-they have passed unani- stitution, to the enjoyment of all the rights ad. mously. ~ But now, when an amendment, pro- vantages, and immunities of citizens of the hibiting the further introduction'of Slavery is United States. and in the mean time they shall proposed, the whole house is put in agitation. be maintained and protected in the free enjoyand we are confidently told it is unconstitutional ment of their liberty, their property, and the reto annex conditions to the admission of a new ligion which they profess." I find nothing, said State into the Union. The result; cf all this is, Mr. T., in this article of the treaty, incompatible 14 THE STRUGGLE FOR SLAVERY RESTRICTION. with the proposed amendment. The rights, ad- of bettering the conditions of slaves, by spread. vantages, and immunities of citizens of the ing them over the country. A slave-driver, a United States are guaranteed to the inhabitants trafficker in human flesh, as if sent by Proviof Louisiana. If one of them should choose to dence, has passed the door of your capitol, on his remove into Virginia, he could take his slaves way to the West, driving before him about fifwith him; but if he removes to Indiana. or any teen of these wretched victims of his power colof the States northwest of the Ohio, he cannot lected in the course of his traffic, and by their take his slaves with him. If the proposed removal, torn from every relation and from every amendment prevail, the inhabitants of Lou- tie which the human heart can hold dear. The isiana, or the citizens of the United States, can males, who might raise the arm of vengeance, neither of them take slaves into the State of and retaliate for their wrongs, were hand-cuffed Missouri. All, therefore, may enjoy equal privi- and chained to each other, while the females and leges. It is a disability, or what I call a blessing, children were marched in their rear, under the annexed to the particular district of country, guidance of the driver's whip! Yes, sir, such and in no manner attached to the individual. has been the scene witnessed from the windows But, while I have no doubt that the treaty con- of Congress Hall, and viewed by members who tains no solid objection against the proposed compose the legislative councils of republican amendment, if it did, it would not alter my de- America! termination on the subject. The Senate, or the In the course of the debate on this subject, we treaty-making power of our government, have have been told that, from the long habit of the neither the right, nor the power to stipulate by a southern and western people, the possession of treaty, the terms upon which a people shall be slaves has become necessary to them, and an esadmitted into the Union. This House have a sential requisite in their living. It has been right to be heard on the subject. The admission urged, from the nature of the climate and soil of of a tate into the Union is a Legislative act, the southern countries, that the lands cannot be which requires the concurrence of all the depart- occupied or cultivated without slaves. It has ments of Legislative power. It is an important been said that the slaves prosper in those places, prerogative of this House, which I hope will and that they are much better off there than in never be surrendered. their own native.country. We have ever been The zeal and the ardor of gentlemen, in the told that if we succeed and prevent Slavery across course of this debate, have induced them to an- the Mississippi, we shall greatly lessen the value nounce to this house, that, if we persist and. force of property there, and shall retard, for a long the state of Missouri to accede to the proposed series of years, the settlement of that country. amendment, as the condition of her admission Sir, said Mr. T., if the western country cannot into the Union, she will not regard it, and, as be settled without slaves, gladly would I prevent soon as admitted, will alter her constitution, and its settlement till time shall be no more. If this introduce Slavery into her territory. Sir, I am class of arguments is to prevail, it sets all morals not prepared, nor is it necessary to determine, at defiance, and we are called to legislate on this what would be the consequence of such a viola- subject as a matter of mere personal interest. If tion of faith-of such a departure from the funda- this is to be the case, repeal all your laws prohimental condition of her admission into the biting the slave-trade; throw open this traffic to Union. I would not cast upon a people so foul the commercial States of the East; and if it betan imputation, as to believe they would be guilty ter the condition of these wretched beings, invite of such fraudulent duplicity. The States north- the dark population of benighted Africa to be west of the Ohio have all regarded the faith and translated to the shores of republican America. the conditions of their admission: and there is no But I will not cast upon this or upon that gentlereason to believe the people of Missouri will not man an imputation so ungracious as the conclualso regard theirs. But, sir, whenever a State sion to which their arguments would necessarily admitted into the Union shall disregard and set tend. I do not believe any gentleman on this at naught the fundamental conditions of its ad- floor would here advocate the slave-trade; or missions and shall, in violation of all faith, un- maintain in the abstract the principles of Slavedertake to levy a tax upon lands of the United ry. I will not outrage the decorum, nor insult States, or a toll upon their navigable waters, or the dignity of this house, by attempting to argue introduce Slavery, where Congress have prohi- in this place, as an abstract proposition, the bited it, then it will be in time to determine the moral right of Slavery. How gladly would the consequence. But, if the threatened consequence "legitimates of Europd chuckle," to find an were known to be the certain result, yet would I American Congress in debate on such a quesinsist upon the proposed amendment. The de- tion! claration of this house, the declared will of the As an evil brought upon us without our own nation to prohibit Slavery, would produce its fault, before the formation of our government, moral effect, and stand as one of the brightest and as one of the sini of that nation from which ornaments of our country. we have revolted, we must of necessity legislate Sir, it has been urged with great plausibility, upon this subject. It is our business so to legisthat we should spread the slaves now in our late as never to encourage, but always to concountry, and thus spread the evil, rather than trol, this evil; and, while we strive to eradicate confine it to its present districts. It has been it, we ought to fix its limits, and render it suborsaid, we should thereby diminish the dangers dinate to the safety of the white population, and from them, while we increase the means of their the good order of civil society. living, and augment their comforts. But, you Sir, on this subject the eyes of Europe are may rest assured, that this reasoning is fallacious, turned upon you. You boast of the freedom of and that, while Slavery is admitted, the market your constitution and your laws, you have prowill be supplied. Our coast, and its contiguity claimed, in the Declaration of Independence, to the West Indies and the Spanish possessions, "That all mien are created equal; that they are render easy the introduction of slaves into our endowed by their Creator with certain unalienacountry. Our laws are already highly penal ble rights-that amongst these are life, liberty, against their introduction, and yet. it is a well- and the pursuit of happiness;" and yet you have known fact, that about fourteen thousand slaves slaves in your country. The enemies of your have been brought into our country this last government, and the legitimates of Europe, point year. to your inconsistencies, and blazon your supposed Since we have been engaged in this debate, we defects. If you allow Slavery to pass into terrn have witnessed an elucidation of this argument, tories where you have the lawful power to ex. THE FIRST MISSOURI STRUGGLE. 15 elude it, you will justly take upon yourself all tiemen, by their superor liberality in contributhe charges of inconsistency; butcnfine ittothe tions to moral institutions, justly stand in the original slaveholding States, where you found it first rank, and hold the first place in the brightest at the formation of your government, and you page in the history of our country. But, turn stand acquitted of all imputation. over this page, and what do you behold? You This is a subject upon which I have great feel- behold them contributing to teach the doctrines ing for the honor of my country. In a former of Christianity in every quarter of the globe. debate upon the Illinois constitution, I mention- You behold them legislating to secure the iged that our enemies had drawn a picture of our norance and stupidity of their own slaves! You country, as holding in one hand the Declaration behold them, prescribing, by law, penalties of Independence, and with the other brandishing against the man that dares teach a negro to read. a whip over our affrighted slaves. I then made Such is the statute law of the State of Virginia. it my boast that we could cast back upon Eng- [Mr. Bassett and Mr. Tyler said that there was land the accusation-that she had committed the no such law in Virginia.l original sin of bringing slaves into our country. No, said Mr. T., I have mis-spoken myself; I I have since received, through the post-office, a ought to have said, such is the statute law of the letter post marked in,South Carolina, and signed State of Georgia. Yes, while we hear of a " A native of England," desiring that, when I liberality which civilizes the savages of all had occasion to repeat my boast againstEngland, countries, and carries the gospel alike to the x would also state that she had atoned for her Hottentot and the Hindoo, it has been reserved original sin, by establishing in her slave-colonies for the republican State of Georgia, not content a system of humane laws, meliorating their con- with the care of its overseers, to legislate to sedition, and providing for their safety, while cure the oppression and the ignorance of their America had committed the secondary sin of dis- slaves. The man who there teaches a negro to regarding their condition, and had even provided read, is liable to a criminal prosecution. The laws, by which it was not murder to kill a slave. dark, benighted beings of all -creation profit by Sir, I felt the severity of the reproof; I felt for our liberality-save those of our own plantations. my country. I have inquired on the subject, Where is the missionary who possesses sufficient and I find such were formerly the laws in some hardihood to venture a residence to teach the of the slaveholding States; and that even now, slaves ofE plantation? Here is the stain f Here in the State of South Carolina, by law, the pen- is the stigma! which fastens upon the character alty of death is provided for stealing a slave, of our country; and which, in the appropriate while the murder of a slave is punished with a language of the gentleman from Georgia, (Mr. trivial fine. Such is the contrast and the relative Cobb,) all the waters of the ocean cannot wash value which isplaced, in the opinion of a slave- out; which seas of blood can only take away. holding State, between the property of the mas- Sir, there is yet another, and an important ter and the life of a slave. point of view, in which this subject ought to be Sir, gentlemen have undertaken to criminate, considered. We have been told by those who and to draw odious contrasts between different advocate the extension of Slavery into the Missections of our country-I shall not combat such souri, that any attempt to control this subject by arguments; I have made no pretense to exclusive legislation, is a violation of that faith and mumorality on this subject, either for myself or my tual confidence upon which our Union was constituents; nor have I cast any imputations formed, and our Constitution adopted. This aron others. On the contrary, I hold that man- gument might be considered plausible, if the kind under like circumstances are alike, the restriction was attempted to be enforced against world over. The vicious and unprincipled are any of the slaveholding States, which had been a confined to no district of country: and it is for party in the adoption of the Constitution. But this portion of the community we are bound to it can have no reference or application to a new legislate. When honorable gentlemen inform us district of country recently acquired, and never we overrate the cruelty and the dangers of contemplated in the formation of government, Slavery, and tell us that their slaves are happy, and not embraced in the mutual concessions and and contented, and would even contribute to declared faith upon which the Constitution was theirsafety, they tell us but very little; they do adopted. The Constitution provides, that the not tell us, that, while their slaves are happy, Representatives of the several States to this the slaves of some depraved and cruel wretch in House shall be according to their number, intheir neighborhood may not be stimulated to re- eluding three-fifths of the slaves in the respective venge, and thus involve the country in ruin. If States. This is an important benefit yielded to we had to legislate only for such gentlemen as the slaveholding States, as one of the mutual are now embraced within my view, a law against sacrifices for the Union. On this subject, I conrobbing the mail would be a disgrace upon the sider the faith of the Union pledged, and I never nation.; and, as useless, I would tear it from the would attempt coercive manumission in a slavepages of your statute book; yet sad experience holding State. has taught us the necessity of such laws-and But none of the causes which induced the honor, justice, and policy teach us the wisdom sacrifice of this principle, and which now produce of legislating to limit the extension of Slavery. such an unequal representation on this floor, of In the zeal to draw sectional contrasts, we have the free population of the country, exist as bebeen told by one gentleman, that gentlemen from tween us and the newly-acquired Territory one district of country talk of their morality, across the Mississippi. That portion of country while those of another practice it. And the su- has no claims to such an unequal representation, perior liberality has been asserted of Southern unjust in its results upon the other States. Are gentlemen over those of the North, in all contribu- the numerous slaves inextensive countries, which tions to moral institutions, for bible and mission- we may acquire by purchase, and admit as States ary societies. Sir, I understand too well the pur- into the Union, at once t6 be represented on this suit of my purpose, to be decoyed and drawn off floor, under a clause of the Constitution, granted into the discussion of a collateral subject. I as a compromise and a benefit to the southern have no inclination to controvert these assertions States which had borne part in the Revolution? of comparative liberality. Although I have no Such an extension of that clause in the Constituidea they are founded in fact, yet, because it bet- tion would be unjust in its operations, unequal in ter suits the object of my present argument, I its results, and a violation of its original intention. will, on this occasion, admit them to the fullest Abstract from the moral effects of Slavery, its extent. And what is the result? Southern gen- political consequence in the representation under 16 THE STRUGGLE FOR SLAVERY RESTRICTION. this clause of the Constitution, demonstrate the their own State Constitution, and over which importance of the proposed amendment. Congress had no superintending control, other Sir, I shall bow in silence to the will of the than that expressly given in the fourth section of majority, on whichever side it shall be expressed: the same article, which read, " the United States yet I confidently hope'that majority will be shall guarantee to every State in this Union a found on the side of an amendment, so replete republican form of government." This end acwith moral consequences, so pregnant with im- complished, the guardianship of the United portant political results. States over the Constitutions of the several States was fulfilled; and all restrictions, limitations and Mr. SCOTT, of Missouri, said, he trusted conditions beyond this, was so much power unthat his conduct, during the whole of the time warrantably assumed. In illustration of this in which he had the honor of a seat in the House, position, he would read an extract from one of had convinced gentlemen of his disposition not the essays written by the late PresidentMadison, to obtrude his sentiments on any other subjects contemporaneously with the Constitution of the than those on which the interest of his consti- United States, and from a very celebrated work: tuents, and of the Territory he represented, were " In a confederacy founded on republican prinimmediately concerned. But when a question ciples, and composed of republican members such as the amendments proposed by the gentle- the superintending government ought clearly to men from New York (Messrs. Tallmadge and possess authority to defend the system against Taylor), was presented for consideration, in- aristocratic or monarchical innovations. The volving constitutional principles to a vast more intimate the nature of such an Union may amount, pregnant with the future fate of the be, the greater interest have the members in the Territory, portending destruction to the liberties political institutions of each other, and the greater of that people, directly bearing on their rights of right to insist that the forms of government unproperty, their state rights, their all, he should der which the compact was entered into, should consider it as a dereliction of his duty, as retreat- be substantially maintained. But this authority ing from his post, nay, double criminality, did extends no further than to a guarantee of a rehe not raise his voice against their adoption. publican form of government, which supposes a After the many able and luminous views that pre-existing government of the form which is to had been taken of this subject, by the speaker of be guaranteed. As long, therefore. as the exthe House, and other honorable gentlemen, he isting republican forms are continued by the had not the vanity to suppose that any additional States, they are guaranteed by the Federal Conviews which he could offer or any new dress in stitutinn. Whenever the States may choose to which he could clothe those already advanced, substitute other republican forms, they have a would have the happy tendency of inducing any right to do so, and to claim the Federal guarantee gentleman to change his vote. But, if he stood for the latter. The only restriction imposed on single on the question, and there was no man to them is, that they shall not exchange republican help him, yet, while the laws of the land and the for anti-republican Constitutions; a restriction rules of the House guaranteed to him the privi- which, it is presumed, will hardly be considered lege of speech, he would redeem his conscience as a grievance." from the imputation of having silently witnessed Mr. S. thought that those two clauses, when a violation of the Constitution of his country, supported by such high authority, had they been and an infringement on the liberties of the the only ones in the Constitution which related people who had intrusted to his feeble abilities to the powers of the general government over the advocation of their rights. He desired, at the States, and particularly at their formation and this early stage of his remarks, in the name of adoption into the Union, could not but be deemed the citizens of Missouri Territory, whose rights satisfactory to a reasonable extent; but there on other subjects had been too long neglected were other provisions in the Constitution, to and shamefully disregarded, to enter his solemn which he would refer, that beyond all doubt, to protest against the introduction, under the in- his mind, settled the question. One of those was sidious form of amendment, of any principle in the tenth article in the amendments, which said this bill, the obvious tendency ot which Would that " the powers not delegated to the United be to sow the seeds of discord in, and perhaps States by the Constitution, nor prohibited by it eventually endanger the Union. to the States, are reserved to the States respecMr. S. entertained the opinion. that, under the tively or to the people." He believed that, by Constitution, Congress had not the power to im- common law, and common usage, all grants givpose this, or any other restriction, or to require ing certain defined and specific privileges, or of the people of Missouri their assent to this con- powers, were to be so construed as that no others dition, as a pre-requisite to their admission into should be intended to be given but such as were the Union. He contended this fiom the language particularly enumerated in the instruments themof the Constitution itself, from the practice in the selves, or indispensably necessary to carry into admission of new States under that instrument, effect those designated. In no part of the Constiand from the express terms of the treaty of ces- tution was the power proposed to be exercised, of sion. - The short view he intended to take of imposing conditions on a new State, given, either those points would, he trusted, be-satisfactory to in so many words, or by any justifiable or fair all those who were not so anxious to usurp power inference,; nor in any portion of the Constitution as to sacrifice to its attainment the principles of was the right prohibited to the respective States, our government, or who were not desirous of to regulate their own internal policeof admitting prostrating the rights and independence of. a such citizens as they pleased, or of introducing State to chimerical views of policy or expediency. any description of property, that they should conThe authority to admit new States into the Union sider as essential or necessary to their prosperity; was granted in the third section of the fourth ar- and the framers of that instrument seem to have tide of the Constitution, which declared that been zealous lest, by implication or by inference,' new States my be admitted by the Congress powers might be assumed by the general governinto the Union." The only power given to the ment over the states and people, other than those Congress by this section appeared to him to expressly given: hence they reserve in so many be, that of passing a law for the admission of terms to the states, and the people, all powers not the new State, leaving it in possession of all the delegated to the federal government. The ninth rights, privileges, and immunities, enjoyed by article of the amendments to the Constitution the other States; the most valuable and promi- still farther illustrated the position he had taken; neat of which was that of forming and modifying it read, that " the enumeration in the Co: stitution THE FIRST MISSOURI STRUGGLE. 17 ofcertain rights shall not be construed to deny or and Mississippi States, all of whom were slavedisparage others retained by the people." Mr. holding States. and to each of them this principle S. believed it to be a just rule of interpretation, had been extended. that the enumeration of powers delegated to Con- Mr, S. believed, that the practice under the gress weakened their authority in all cases not Constitution had been different from that now enumerated; and that beyond those powers enu- contended for by gentlemen; he was unapprised merated they had none, except they were essen- of any similar provision having ever been made, tially necessary to carry into effect those that or attempted to be made, in relation to any other were given. The second section of the fourth new State heretofore admitted. The argument article of the Constitution, which declared that drawn from the States formed out of the Territory "the citizens of each State shall be entitled to all northwest of the river Ohio, he did not consider the privileges and immunities of citizens in the as analogous; that restriction, if any, was imseveral States," was satisfactory, to his judgment, posed in pursuance of a compact, and only, so that it was intended the citizens of each State, ar as Congress could do, carried into effect the forming a part of one harmonious whole, should disposition of Virginia in reference to a part of have, in all things, eq alprivileges; the necessary her own original Territory, and was, in every consequences of which was, that every man, in respect, more just, because that provision was his own State, should have the same rights, privi- made and published to the world at a time when.leges, and powers, that any other citizen of the but few, if any, settlements were formed within United States had in his own State; otherwise dis- that tract of country; and the children of those content and murmurings would prevail against people of color belonging to the inhabitants then the general government who had deprived him there have been, and still were, held in bondage, of this equality. and were not free at a given age, as was contemFor example, if the citizens of Pennsylvania, plated by the amendment under consideration, or Virginia, enjoyed the right, in their own State, nor did he doubt but that it was competent for to decide the question whether they would have any of those States admitted in pursuance of the Slavery or not, the citizens of Missouri, to give ordinance of'87, to call a convention, and so to them the same privileges, must have the same alter their constitution as to allow the introducright to decide whether they would or would not tion of Slaves, if they thought proper to do so. tolerate Slavery in their State; if it were other- To those gentlemen who had in their argument, wise, then the citizens of Pennsylvania and in support of the amendments, adverted to the Virginia would have more rights, privileges, instance where Congress had, by the law authorand powers in their respective States, than izing the people of Louisiana to form a constituthe citizens of Missouri would have in theirs. tion and State government, exercised the power Mr. S. said he would make another quotation of imposing the terms and conditions on which from the same work he had before been indebted they should be permitted to do so, he would reto, which he believed had considerable bearing commend a careful examination and comparison on this question. "The powers delegated of those terms with the Constitution of the by the proposed constitution, to the federal gov- United States, when, he doubted not, they would eminent, are few and defined; those which are to be convinced that these restrictions were only remain in the State Governments, are numerous such as were in express and positive language and indefinite; the former will be exercised prin- defined in the latter instrument, ard would have cipally on external objects, as war, peace, nego- been equally binding on the people of Louisiana tiation, and foreign commerce, with which last had they not been enumerated in the law giving the powers of taxation will, for the most part, be them authority to form a constitution for themconnected. The powers reserved to the several selves. States will extend to all the objects, which in the Mr. S said, he considered the contemplated ordinary course of affairs concern the lives. liber- conditions and-restrictions, contained in the proties, andproperties of he people, and the-internal posed amendments, to be unedhstitutidnal and order, improvement, and prosperity of the State." unwarrantable, from the provisions of the treaty The applicability of this-doctrne to the question of cession, by the third article of which it was under consideration was so obvious, that he stipulated, that "the inhabitants of the-ceded would not detain the House to give examples, Territory shall be incorporated in the Union of but leave it for gentlemen to make the applica- the United States, and admitted, as soon as postion. He would, however, make one other refer- sible, according to the principles of the Federal ence to the Constitution, before he proceeded to Constitution,to the enjoyment of all the rights, speak of the practice under it; in the second sec- advantages, and immunities of citizens of the tion of that instrument it was provided, that United States, and, in the mean time, they shall "representatives, and direct taxes, shall be ap- be maintained and protected in the free enjoyportioned among the several States which may ment of their liberty, property, and the religion be included within this Union, according to their which they profess." respective numbers, which shall b6 determined This treaty having been made by the compeby adding to the whole number of free persons, tent authority of government, ratified by the Senincluding those bound to service for a term of ate, and emphatically sanctioned by Congress in years, and excluding Indians not taxed, three- the acts making appropriations to carry it into fifths of all other persons." This provision was effect, became a part of the supreme law of the not restricted to the States then formed, and about land, and its bearings on the rights of the people to adopt the Constitution; but to all those.States had received a practical exposition by the adwhich might be included within this Union, mission of the State of Louisiana, part of the clearly contemplating the admission of new States same Territory, and acquired by the same treaty thereafter, and providing that to them, also, of cession, into the Union. It was in vain for should this principle of representation and taxa- gentlemen to fell him that, by the terms of the tion equally apply. Nor could he subscribe to treaty of cession, the United States were not the construction, that as this part of the Constitu- bound to admit any part of the ceded Territory tion was matter of compromise, it was to be lim- into the Union as a State; the evidence of the ited in its application to the original States only, obligation Congress considered they were under, and not to be extended to all those States that to adopt States formed out of that Territory, is might after its adoption become members of the clearly deducible from the fact, that they had Federal Union; and a practical exposition had done so in the instance of Louisiana. But, had been made by Congress of this part of the Consti- no State been admitted. formed of a part of the tution, in the admission of Kentucky, Louisiana, Territory acquired by that treaty, the obligation 2 18 THE STRUGGLE FOR SLAVERY RESTRICTION. of the government to do so would not be the less formation of their state constitution, that Slavery aparent to him.' The inhabitants of the ceded should be tolerated. Would not those conscienTerritory shall be incorporated in the Union of tious gentlemen startle at this, and exclaim, w-hat, the United States." The people were not left to impose on those people slaves, when they do npt the wayward discretion of this, or any other gov- want them? This would be said to be a direct ernment, by saying that they may be incorporated attack on the State independence. Was it in the in the Union. The language was different and power of Congress to annex the present condiimperative: "they shall be incorporated." Mr. tion, Mr. Scott deemed it equally within the scope Scott understood by the term incorporated, that of their authority to say, what color the inhabitthey were to form a constituent part of this re- ants of the proposed state should be, what depublic; that they were to become joint partners scription of property, other than slaves, those in the character and councils of the country, and people should or should not possess, and the in the national losses and national gains; as a quantity of property each man should retain, Territory they were not an essential part of the going upon the agrarian principle. Le would government; they were a mere province, subject even go further, and say, that Congress had an to the acts and regulations of the general govern- equal power to enact to what religion the people ment in all cases whatsoever. As a Territory should subscribe; that none other should be prothey had not all the rights, advantages and im- fessed, and to provide for the excommunication munities, of citizens of the United States. Mr. of all those who did not submit. S. himself furnished an example, that, in their The people of Missouri were, if admitted int present condition, they had not all the rights of the Union, to come in on an equal footing with the other citizens of the Union. Had he a vote the original States. That the people of the other in this House? and yet these people were, during States had the right to regulate their own internal the war, subject to certain taxes imposed by Con- police, to prescribe the rules of their own conduct, gress. Had those people any voice to give in the and, in the formation of their constitutions, to imposition of taxes to which they were subject, say whether Slavery was or was not admissible, or in the disposition of the funds of the nation, he believed was a point conceded by all. How, and particularly those arising from the sales of then, were the citizens of Missouri placed on an the public lands to which they already had, and equal footing with the other members of the still would largely contribute? Had they a Union? Equal in some respects-a shameful voice to give in selecting the officers of this gov- discrimination in others. A discrimination not eminent, or many of their own? In short, in warranted by the Constitution, nor justified by what had they equal rights, advantages, and im- the treaty of cession, but founded on mistaken nmunities with the other citizens of the United zeal, or erroneous policy. They were to be States, but in the privilege to submit to a pro- bound down by onerous conditions, limitations, crastination of their rights, and in the advantage and restrictions to which he knew they would to subscribe to your laws, your rules, your taxes, not submit. That people were brave and indeand your powers, even without ahearing? Those pendent in spirit, they were intelligent, and knew people were also "to be admitted into the Union their own rights; they were competent to selfas soon as possible." Mr. Scottwould infer from government, and willing to risk their own happithis expression, that it was the understanding of ness and future prosperity on the legitimate exerthe parties, that so soon as any portion of the cise of their own judgment and free.will. Mr. Territory, of sufficient extent to form a State, Scott protested against such a guardianship as should contain the number of inhabitants requir- was contemplated now to be assumed over his ed by law to entitle them to a representative on constituents. The spirit of fieedom burned in the floor of this House, that they then had the the bosoms of the freemen of Missouri, and if right to make the call for admission, and this ad- admitted into the national family, they would be mission, when made, was to be, not on conditions equal, or not come in at all. With what an anxithat gentlemen' might deem expedient, not on ous eye have they looked to the east, since the conditions referable to future political views, not commencement of this session of Congress, for on conditions that the constitution the people the good tidings, that on them you had conferred should form should contain a clause that would the glorious privilege of self-government, and particularly open the door for emigration from independence. What seeds of discord will you the Noxth or from the South, not on condition that sow, when they read this suspicious, shameful, the future population of the State should come unconstitutional inhibition in their charter? from a slaveholding or non-slaveholding State, Will they not compare it with the terms of the " but according to the principles of the Federal treaty of cession, that bill of their rights, emphaticConstitution," and none other. The people of ally their magna charta? And will not the reMissouri were, by solemn treaty stipulation, when suit of that comparison be a stigma on the faith admitted, to enjoy all the rights, advantages, and of this government? It had been admitted by immunities of citizens of the United States; Can some gentlemen, in debate, that, were the people any gentleman contend, that, laboring under the of Missouri to form a constitution conforming to proposed restriction, the citizens of Missouri this provision, so soon as they were adopted into would have all the rights, advantages, and im- the Union it would be competent for them to call munities of other citizens of the Union? Have a convention and alter their constitution on this not other new States, in their admission, and subject. Why, then, he would ask gentlemen, have not all the States in the Union, now, privi- would they legislate, when they could produce leges and rights beyond what was contemplated no permanent, practical effect'? Why expose to be allowed to the citizens of Missouri? Have the imbecility of the general government, to tie not all otherStates in this government the right up the hands of the State, and induce the people to alter, modify, amend, and change their state to an act of chicanery, which he knew from princonstitutions, having regard alone to.a republican ciple they abhorred, to get clear of an odious reform? And was there any existing law, or any striction on their rights? Mr. Scott had trusted clause in the Federal Constitution, that prohibit- that gentlemen who professed to be actuated by ed a total change from a slaveholding to a non- motives of humanity and principle would not enslaveholding State, or from a non-slaveholdingto courage a course of dissimulation, or, by any a slaveholding State? Mr. Scott thought, that if vote of theirs, render it necessary for the citizens this provision was proper, or within the powers of Missouri to act equivocally to obtain their of Congress, they also had the correlative right rights. He was unwilling to believe, that politito say, that the people of Missouri should not be cat views alone led gentlemen on this or any admitted as a state, unless they provided, in the other occasion; but, from the language of the THE FIRST MISSOURI STRUGGLE. 1 member from New-York (Mr. Taylor), he was they suppose that the southern Stateswould sub compelled to suspect that they had their influence mit with patience to a measure the effect of whice. upon him..That gentleman has told us, that if would be to exclude them from all enjoyment o. ever he left his present residence, it would be for the vast region purchased by the United States Illinois or Missouri; at all events, he wished to beyond the Mississippi, and which belongedl send out his brothers and his sons. Mr. Scott equally to them as to the northern States? HI^ begged that gentleman to relieve him from the ventured to assure them that they would nos, awful apprehension excited by the prospect of The people of the slaveholding States, as they this accession of population. Hie hoped the are called, know their rights. and will insist House would excuse him while he stated, that he upon the enjoyment of them. lie should not now. did not desire that gentleman, his sons, or his attempt to go over ground already occupied by brothers, in that land of brave, noble, and inde- others, with much more ability, and attempt to pendent freemen. The member says that the show that, by the treaty with France, the people latitude is too far north to admit of Slavery there.- of that Territory were secured in the enjoymont Would the gentleman cast his eye on the map of the property which they held in their slaves. before him, he would there see, that a part of That the proposed amendment was an infraction Kentucky, Virginia, and Maryland, were as far of this treaty, had been most clearly shown. Nor north as the northern boundary of the proposed would he attempt to rescue from slander the Slate of Missouri. Mr. Scott would thank the character of the people of the southern States, ia gentleman if he would condescend to tell him their conduct towards, and treatment of, their what precise line of latitude suited his conscience, black population. That had also been done his humanity, or his political views, on this sub- with a degree of force and eloquence, to' which ject. Could that member be serious, when he he could pretend no claim, by the gentleman made the parallel of latitude the measure of his from Virginia (Mr. Barbour), and the honorable good-will to those unfortunate blacks? Or was speaker. He was, however, clearly of opinion he trying how far he could go in fallacious argu- that Congresspossessed no power under the Conment and absurdity, without creating one blush stitution to adopt the principle proposed in the even on his own cheek, for inconsistency? What, amendment. He called upon the advocates of it starve the negroes out, pen them up in the to point out, and lay their finger upon that clause swamps and morasses, confine them to southern of the Constitution of the United States, which latitudes, to long, scorching days of labor and gives to this body the right to legislate upon the fatigue, until the race becomes extinct, that the subject. Could they show in what clause or sec fair laud of Missouri may be tenanted by that tion this right was expressly given, or from which gentleman, his brothers, and sons? lie ex- it could be inferred? Unless this authority could pected from the majority of the House a more be shown, Congress would be assumning a power, liberal policy, and better evidence that they if the amendment prevailed, not delegated to really were actuated by humane motives. them, and most dangerous in its exercise. What Mr. S. said, he would trouble the House no is the end and tendency of the measure proposed? longer; he thanked them for the attention and It is to impose on the State of Missouri conditiona indulgence already bestowed; but he desired to not imposed upon any other State. It is to de apprise gentlemen, before he sat down. that they prive her of one branch of sovereignty not sur were sowing the seeds of discord in this Union, rendered by any other State in the Union, not by attempting to admit states with unequal privi- even those beyond the Ohio; for all of them had leges and unequal rights; that they were signing, legislated upon this subject; all of them had desealing, and delivering their own death-warrant; cided for themselves whether Slavery should be that the weapon they were so unjustly wielding tolerated, at the time they framed their several against the people of Missouri, was a two-edged constitutions. He would not now discuss the sword. From the cumulative nature of power, propriety of admitting Slavery. It is not now a the day might come when the general govern- question whether it is politic or impolitic to tole ment might, in turn, undertake to dictate to them rate Slavery in the United States, or in a partice on questionsof internal policy; Missouri, now lar State. It was a discussion into which ho weak and feeble, whose fate and murmurs would would not permit himself to be dragged. Admit. excite but little alarm or sensibility, might be- however, its moral impropriety: yet there was a come an easy victim to motives of policy, party vast difference between moral impropriety and zeal, or mistaken ideas of power; but other times political sovereignty. The people of New York and other men would succeed; a future Congress or Pennsylvania may deem it highly immoral might come, who, under the sanctified forms of and politically improper to permit Slavery, but constitutional power, would dictate to thesm odious yet they possess the sovereign right and, power conditions; nay, inflict on their internal independ- to permit it, if they choose. They can to-morrow ence a wound more deep and dreadful than even so alter their constitutions and laws as to admit it, this to Missouri. The House had seen the force if they were so disposed. It is a branch of sove of precedent, in the mistaken application of the reignty which the'old Thirteen States never sur conditions imposed on the people of Louisiana render in the adoption of the Federal Constituanterior to their admission into the Union. And, tion. Now, the bill proposes that the new State whatever might be the ultimate determination of shall be admitted upon an equalfooting with the the House, Mr. S. considered this question big other states of the Union. It is in this way only with the fate of Caesar and of Rome. that she can be admitted under the Constitution Mr. COBB, of Georgia, observed that he These words can have no other meaning than did not rise for the purpose of detaining the at- that she shall be required to surrender no more tention of the House for any length of time. He of her rights of sovereignty than the other States, was too sensible of the importance of each mo- into a union with which she is about to be adment which yet remained of the session to ob- mitted, have surrendered. But if the proposed trudd many remarks upon their patience. But, amendment is adopted, will not this new State be upon a measure involving the important conse- shorn of one branch of her sovereignty, one right, quences that this did, he felt it to be an imperious which the other States may and have exercised, duty to express his sentiments, and to enter his (whether properly or not, is immaterial,) and de most solemn protest against the principle propos- now exercise whenever they think fit? ed for adoption by the amendiment. Were gen- Mr. C. observed, that he did conceive the printlemen aware of what they were about to do? ciple involved in the amendment pregnant with Did they foresee no evil consequences likely to danger. It was one, he repeated, to which he result out of the measure if adopted? Could believed the people of the region of cooiry 20 THE STRUGGLE FOR SLAVERY RESTRICTION. which he represented would not quietly submit. sion, that Slavery is an ill, tolerated only from He might, perhaps, subject himself to ridicule, necessity, let us not, while we feel that ill, shun for attempting the display of a spirit of prophecy the cure, which consists only in an honest avowal which he did not possess, or of zeal and enthusi- that liberty and equal rights are the end and aim asm for which he was entitled to little credit. of all our institutions, and that to tolerate But he warned the advocates of this measure Slavery beyond the narrowest limits prescribed aigainst the certain effects which it must produce. for it by the Constitution, is a perversion of Effects destructive of the peace and harmony of them all. the Union. He believed that they were kindling Slavery, sir, I repeat, is not established by our a fire which all the waters of the ocean could Constitution; but a part of the States are indulged not extinguish. It could be extinguished only in in the commission of a sin from which they could blood! not at once be restrained, and which they would not consent to abandon. But, sir, if we could, Mr. LIVERWMORE, of N. H., said, I am in fa- by any process of reasoning, be brought to bevor of the proposed amendment. The object of it is lieve it justifiable to hold others to involuntary to prevent the extension of Slavery over the Ter- servitude, policy forbids that we should increase ritory ceded to the United States by France. It it. Even the present slaveholding States have an accords with the dictates of reason,.and the best interest, I think, in limiting the extent of involunfeelings of the human heart; and isnot calcula- tary servitude; for, should slaves become much ted to interrupt any legitimate right arising either more numerous, and, conscious of their strength, from the Constitution or any other compact. I draw the sword against their masters, it will be propose to show what Slavery is, and to mention to the free States the masters must resort for an a few of the many evils which follow in its train; efficient power to suppress servile insurrection. and I hope to evince that we are not bound to But we have made a treaty with France, which, tolerate the existence of so disgraceful a state of we are told, can only be preserved by the charms things beyond its present extent, and that it of Slavery. would be impolitic and very unjust, to let it Sir, said Mr L., until the ceded Territory shall spread over the whole face of our Western Ter- have been made into States, and the new ritory. Slavery in the United States, is the con- States admitted into the Union, we can do what dition of man subjected to the will of a master, we will with it. We can govern it as a province, who can make any disposition of him short of or sell it to any other nation. A part of it is taking away his life. In those States where it is probably at this time sold to Spain, and the intolerated, laws are enacted, making it penal to in- habitants of it may soon not only enjoy the comstruct slaves in the art of reading, and they are forts of Slavery, but the blessings of the holy innot permitted to attend public worship, or to hear quisition along with them. The question is on the gospel preached. Thus, the light of science the admission of Missouri, as a State, into the and of religion is utterly excluded from the Union. Surely itwill notbe contendedthatwe mind, that the body may be more easily bowed are bound by the treaty to admit it. The treatydown to servitude. The bodies of slaves may, making power does not extend so far. Can the with impunity, be prostituted to any purpose, President and Senate, by a treaty with Great and deformed in any manner by their owners. Britain, make the province of Lower Canada a The sympathies of nature in slaves are disre- State of this Union? To be received as a State garded: mothers and children are sold and into this Union, is a privilege which no country separated; the children wring their little hands, can claim as a right. It is a favor to be granted and expire in agonies of grief, while the bereft or not, as the United States may choose. When mothers commit suicide, in despair. How long the United States think proper to grant a tavor, will the desire of wealth render us blind to the they may annex just and reasonable terms: and sin of holding both the bodies and souls of our what can be more reasonable than for these States fellow-men in chains! But, sir, I am admonished to insist that a new Territory, wishing to have of the Constitution, and told we cannot emanci- the benefits of freedom extended to it, should repate slaves. I know we may not infringe that nounce a principle that militates with justice, instrument, and therefore do not propose to morality, religion, and every essential right of emancipate slaves. The proposition before us mankind? Louisiana was admitted into the goes only to prevent our citizens from making Union on terms. The conditions, I admit, were slaves of such as have a right to freedom. In not very important, but still they recognize the the present slaveholding States let Slavery con- principles for which I contend. tinue, for our boasted Constitution connives at An opportunity is now presented, if not to it; but do not, for the sake of cotton and tobacco, diminish, at least to prevent the growth of a sin let it be told to future ages that, while pretend- which sits heavily on the soul of every one of ing to love liberty, we have purchased an exten- us. By embracing this opportunity, we may resive country, to disgrace it with the foulest re- trieve the national character, and, in some degree, proach of nations. Our Constitution requires no our own. But if we suffer it to pass unimproved, such thing of us. The ends for which that su- let us at least be consistent, and declare that our preme law was made, are succinctly stated in Constitution was made to impose Slavery, and Its preface. They are first to form a more per- not to establish liberty. Let us no longer tell feet Union, and insure domestic tranquillity. idle tales about the gradual abolition of Slavery; Will Slavery effect this? Can we, sir, by migling away with colonization societies, if their debond with free, black spirits with white, like sign is only to rid us of free blacks and turShakespeare's witches in Macbeth, form a more bulent slaves; have done also with bible soperfect Union, and insure domestic tranquillity? cieties, whose views are extended to Africa and Secondly, to establish justice. Is justice to be the East Indies, while they overlook the deploraestablished by subjecting half mankind to the ble condition of their sable brethren within our will of the other half? Justice, sir, is blind to own borders; make no more laws to prohibit the colors, and weighs in equal scales the rights of importation of slaves, for the world must see that all men, whether white or black. Thirdly, to the object of such laws is alone to prevent the provide for the common defense, and secure the glutting of a prodigious market for the flesh and glessings of liberty. Does Slavery add anything blood of man,-which we are about to establish in to the common defense? Sir, the strength of a the West, and t enhance the price of sturdy republic is in the arm of freedom. But, above wretches, reared, like black cattle and horses, for all things, do the blessings of liberty consist in sale on our own plantations. Elavery? If there is any sincerity in our profes THE SECOND MISSOURI STRUGGLE. 21 The House bill thus passed, reached the King of N.Y. Storer of N. H. Senate, Feb. 17th, when it was read twice Mellen of Mass. Taylor of Ind. Morrill of N. H. Tichenor of Vt and sent to a Select Committee already Morrowof Ohio, Wilson ofN. J.-16 raised on a like application from Alabama, The bill thus amended was ordered to be consisting of engrossed, and was (March 2nd-last day but Messrs. Tait of Ga., Morrow of Ohio, Williams one of the Session) read a third time, and of Miss., Edwards of Il., Williams of Tenn. passed without a division. The bill was on On the 22nd, Mr. Tait, from this Commit- that day returned to the House, and the tee, reported the bill with amendments, strik- amendments of the Senate read: whereupon, out the anti-slavery restrictions inserted by Mr. Tallmadge of N. Y. moved that the bill be the House. This bill was taken up in Corn- postponed indefinitely. Yeas 69; Nays 74. mittee of the Whole on the 27th, when Mr. [The record shows hardly a vote changed from Wilson of N. J. moved its postponement to Yea, on the original passage of the Restriction, to the 5th of March-that is, to the end of the Nay now, but many members who voted then session —negatived: Yeas 14; Nays 23. were now abent or silent.] The Senate then proceeded to vote on The vote was then taken on concurIgt in agreeing to the amendments reported by the the Senate's amendments, as aforesaid, and Select Committee, viz.: 1. to strike out of the the House refused to concur: Yeas 76; House bill the following: Nays 78. "And that all children of slaves born within [Hardly a vote changed; but more Members the said State, after the admission thereof into voting than on the previous division, and less the Union, shall be free, but may be held to ser- than when the Restriction was carried.] vice until the age of twenty-one years." The bill was now returned to the Senate, Which was stricken out by the following with a message of non-concurrence; when vote: Mr. Tait moved that the Senate adhere to its YEAS-Against the Restriction: amendment, which was carried without a'M essrs. Barbour of Va Leake of M iss. division. The bill being thus remanded to Crittenden of Ky. Macon of N. C. the House, Mr. Taylor of N. Y. moved that Daggett of Conn. Otis of Mass. the House adhere to its disagreement, which Eaton of Tenn. Palmer of Vt. prevailed. Yeas 78; Nays 66. So the Edwards of Ill. Roberts of Penn. bill fell between the two Houses, and was Eppes of Va. Sanford of N. Y. lost. Fromentin of La. Tait, of Ga. l Gaillard of S. C. Talbortof Ky. Goldsborough Md. Taylor of Ind. The southern portion of the then Territory Horsey of Del. Thomas of Il of Missouri (organized by separation from Johnson of La. Trichenor of Vt. Kinsg of N. Y Van DYke of Del. Louisiana in 1812) was excluded from the Lacock of Pa. Williams of Miss. proposed State of Missouri, and organized as Williams of Tenn.-27. a separate Territory, entitled Arkansas. NAYS-For the Restriction: The bill being under consideration, Mr. Messrs. Burrill of R. I. Morrill of N. H. Taylor of N.Y. moved that the foregoing reDickerson of N. J. Noble of Ind. striction be applied to it also; and the clause, Mellen of Mass. Ruggles of Ohio. proposing that slaves born therein after the Wilson of N. J.7 passage of this act be free at twenty-five The Senate then proceeded to vote on the years of age, was carried (Feb. 17th) by 75 residue of the House Restriction, as follows: Yeas to 73 Nays; but that providing against " And provided also, That the further introduc- the farther introduction of slaves was lost: tion of slavery or involuntary servitude be pro- Yeas 70; Nays 71. The next day the clause hibited, except for "the punishment of crhhes, whibitd, eep the party uni shmabent od crmes, just adopted was stricken out, and the bill whereof the party shall have been duly convicted." ultimately passed without any allusion to The vote on this clause was as follows: Slavery. Arkansas of course became a Slave YEAS-For striking out the Restriction: Territory and ultimately (1836) a Slave YEAS —For striking out the Restriction: State Messrs. Barbour of Va. Leake of Miss. Crittenden of Ky. Macon of N. C. Eaton of Tenn. Otis of Mass. Edwards of Ill. Palmer of Vt. VII. Eppes of Va. Stokes of N. C. THE SECOND MISSOURI STRUGGLE. Fromentin of La. Talbot of Ga. Gaillard of S. C. Tait of Ga. A new Congress assembled on the 6th of Goldsborough Md.Thomas of Ill. December, 1819. Mr. Clay was again Horsey of Del. Van Dyke of De. chosen Speaker. On the 8th, Mr. Scott, Johnson La. Williams of Miss. Lacock of Pa. Williams of Tenn.-22. delegate from Missouri, moved that the NAYS-Against striki ut: memorial of her Territorial Legislature, as NAYS —Against striking out:. in. Burrill of R. I. Noble of d also of several citizens, praying her admisMessrs. Burrill of R. I. Noble of Ind. Daes ggetts of Conn. oberts of Pa. sion into the Union as a State, be referred to Daggett of Conn. Roberts of Pa. Dana of do. Ruggles of Ohio, a select committee; carried, and Messrs. Dickerson of N. J. Sanford of N. Y. Scott of Mo., Robertson of Ky., Terrell of t2 THE STRUGGLE FOR SLAVERY RESTRICTION. *. ia., S1trother of Va., and De Witt of N. Y. cannot be retraced; and it appears to us that the (all but the last from the slave reg-ion), happiness of unborn millions rests on the measure ee appointed.said committee. C which Congress on this occasion may adopt. were appointed said committee. Considering this as no local question, nor a quesMr. Strong of N. Y. that day gave no- tion to be decided by a temporary expediency, tice of a bill "To prohibit the further exten- but as involving great interests of the whole sion of Slavery in the United States." United States, and affecting deeply and essentially On the 14th, Mr. Taylor of N. Y. moved those objects of common defense, general welfare, On the 14th, Mr.' Taylo o f N.. w moved aand the perpetuation of the blessings of liberty, a select committee on this subject, which was for which the Constitution itself was formed, we granted; and the mover, with Messrs. Liver- have presumed, in this way, to offer our sentimore of N. II., Barbour (P. P.) of Va., ments and express our wishes to the National Lowudes of S. C., Fuller of MIass., Hardin Legislature. And as various reasons have been suggested against prohibiting Slavery in the new of Ky., and Cuthbert of Ga., were appointed States, it may perhaps be permitted to us to state such committee. A majority of this com- our reasons, both for believing that Congress mittee being PrO-Slavery, Mr. Taylor could possesses the constitutional power to make such do nothing; and on the 28th the Committee prohibition a condition, on the admission of a new do nothing; and on the furth e State into the Union, and that it is just and proper was, on motion, discharged from the further that they should exercise that power. consideration of the subject. " And in the first place, as to the constitutional On the same day Mr. Taylor moved: authority of Congress. The Constitution of the "That a Committe be i in United States has declared that'Congress shall ns to report a bill pr tng the ther have power to dispose of and make all needful fiens to report a bill prohibiting the further ad- rules and regulations respecting the territory or mission of Slaves into the Territories of the rules pand rey belonging to the Uted Stateso United States west of the river Mississippi." ther property onstitution shall be so cont and nothing min this Constitution shall be so conOn motion of Mr. Smith, of Md., this re- strued as to prejudice the dlaims of the United solve was sent to the Committee of the States or of any particular State.' It is very well W 1hole, and made a specialorder for Jan- known,that the saving in this clause of the claims special order or J. of any particular State, was designed to apply to 10th; but it was not taken up, and appears claims by the then existing States, of territory to have slept the sleep of death. which was also claimed by the United States as In the Senate, the memorial of the Mis- their own property. It has, therefore, no bearing souri Territorial Legislature, asking admis- on the present question. The power, then, of ion as a State, was presented by Mr. Smith Congress over its own territories, is, by the very on as a State, was presene y Mr. terms of the Constitution. unlimited. It may make of S. C., Dec. 29th, and referred to the all'needful rules and regulations,' which of course Judiciary Committee, which consisted of, include all such regulations as its own views of -Messrs. Smith of S. C., Leake of Miss., Bur- policy or expediency shall, from time to time, dicMessrs. S h of S. Cy., Otike of Miss., Bur. tate. If, therefore, in its judgment it be needful nil of R. I., Logan of Ky., Otis.for the benefit of a territory to enact a prohibition -.:~~~. of Slavery, it would seem to be as much within' its power of legislation as any other act of local DANIEL WEBSTER ON SLAVERY EX- policy. Its sovereignty being complete and uniTENSION. versal as to the territory, it may exercise over it the most ample jurisdiction in every respect. It The following Memorial to the Congrs possesses, in this view, all the authority which of the United States, on the subject of re- any State Legislature possesses over its own terstraining the increase of Slavery in New ritory; and if any State Legislature may, in its States to be admitted into the Union," in discretion, abolish or prohibit Slavery within its,States to be admitted into the Union," in own limits, in virtue of its general legisrative pursuance of a vote of the inhabitants of authority, for the same reason Congress also may Boston and its vicinity, assembled at the exercise the like authority over its own territories. State House on the 3rd of December, 1819, And that a State Legislature, unless restrained by was drawn up by Daniel Webster, and signed some constitutional provision, may so do, is unquestionable, and has been established by general by himself, George Blake, Josiah Quincy, practice. * * * * James T. Austin, etc. It is inserted here " The creation of a new State, is, in effect, a instead of the resolves of the various New compact between Congress and the inhabitants England Legislatures, as a fuller and clearer of the proposed State. Congress would not prob~~~~~~~~'.~?f41 J-1 ably claim the power of compelling the inhastatement of the views of the great body of bitants of Missouri to form a Constitution of their the people of that section during the pen- own, and come into the Union as a State. It is as dency of the Missouri question: plain, that the inhabitants of that territory have no right of admissiofi into the Union, as a State, " MEMORIAL without the consent of Congress. Neither party is bound to form this connection. It can be formed "To the Senate and House of Representatives of only by the consent of both. What, then, prethe United States, in Congress assembled: vents Congress, as one of the stipulating parties, to propose its terms? And if the other party "The undersigned, inhabitants of Boston and assents to these terms, why do they not effectually its vicinity, beg leave most respectfully and hum- bind both parties? Or if the inhabitants of the bly to represent: That the question of the intro- Territory do not choose to accept the proposed duction of Slavery into the new States to be terms, but prefer to remain under a Territorial formed on the west side of the Mississippi River, Government, has Congress deprived them of any appears to them- to be a question of the last im- right, or subjected them to any restraint, which, portanco to the future welfare of the United States. in its discretion, it had no authority to do? If If the progress of this great evil is ever to be the admission of new States be not the discretionarrested, it seems to the undersigned that this is ary exercise of a constitutional power, but in all fte time to arrest it. A false step taken now, cases an imperative duty, how is it to be per. THE SECOND MISSOURI STRVGGLE. 21 formed? If the Constitution means that Congress admitted as soon as possible, according to the shall admit new States, does it mean that Con- principles of the Federal Constitution, to the engress shall do this on every application and under joyment of all the rights, advantages, and imall circumstances? Or if this construction cannot munities of citizens of the United States; and in be admitted, and if it must be conceded that the mean time they shall be maintained and proCongress must in some respects exercise its dis- tected in the free enjoyment of their liberty, procretion on the admission of new States, how is it perty, and the religion which they profess.' to be shown that that discretion may not be exer- "Although the language of this article is not cised in regard to this subject as well as in regard very precise or accurate, the memorialists conto others? ceive that its real import and intent cannot be'The Constitution declares,'that the migration mistaken. The first clause provides for the ador importation of such persons as any of the States mission of the ceded territory into the Union, now existing, shall think proper to admit, shall and the succeeding clause shows this must be not be prohibited by the Congress, prior to the according to the principles of the Federal Conyear 1808.' It. is most manifest that the Constitu- stitution and this very qualification necessarily tion' does contemplate, in the very terms of this excludes the idea that Congress were not to be at clause, that Congress possesses the authority to liberty to impose any conditions upon such adprohibit the migration or importation of slaves; missSon which were consistent with the principles for it limits the exercise of this authority for a of that Constitution, and which had been, or specific period of time, leaving it to its full opera- might justly be, applied to other new States. tion ever afterward. And this power seems ne- The language is not by any means so pointed ad cessarily included in the authority which belongs that of the Resolve of 1780; and yet it has been to Congress,' to regulate commerce with foreign seen that that Resolve was never supposed to nations and among the several States.' No person inhibit the authority of Congress, as to the introhas ever doubted that the prohibition of the foreign duction of slavery. And it is clear, upon the slave trade was completely within the authority plainest rule of construction, that in the absence of Congress since the year 1808. And why? Cer- of all restrictive language, a clause, merely protainly only because it is embraced in the regula- viding for the admission of a territory into the tion of foreign commerce; and if so, it may for Union, must be construed to authorize an admisthe like ieason be prohibited since that period sion in the manner, and upon the terms, which between the States. Commerce in slaves, since the Constitution'itself would justify. This conthe year 1808, being as much subject to the regu- struction derives additional support from the next lation of Congress as any other commerce, if it clause. The inhabitants' shall be admitted as should see fit to enact that no slave should ever soon as possible, according to the principles of be sold from one State to another, it is not per- the Federal Constitution, to the enjoyment of all ceived how its constitutional right to make such the rights, advantages, and immunities of citizens provision could be questioned. It would seem to of the United States.' The rights, advantages, be too plain to be questioned, that Congress died and immunities here spoken of, must, from the possess the power, before the year 1808, to pro- very force of the terms of the clause, be such as hibit the migration or importation of slaves into are recognized or communicated by the Constithe territories (and in point of fact it exercised tution of the United States; such as are common that power) as well as into any new States; and to all citizens, and are uniform throughout the that its authority, after that year, might be as United States. The clause cannot be referred to fully exercised to prevent the migration or import- rights, advantages, and immunities derived exation of slaves into any of the old States. And elusively from the State Government, for these if it may prohibit new States from importing do not depend upon the Federal Constitution. slaves, it may surely, as we humbly submit, make Besides, it would be impossible that all the rights, it a condition of the admission of such States into advantages, and immunities of citizens of the the Union, that they shall never import them. different States, could be at the same time enjoyed In relation, too, to its own Territories, Congress by the same persons. These rights are different possesses a more extensive authority, and may, in in different States; a right exists in one State various other ways, effect the object. It might, which is denied in others, or is repugnant to other for example, make it an express condition of its rights enjoyed in others. In some of the States, grants of the soil, that its owners shall never hold a freeholder alone is entitled to vote in elections; slaves; and thus prevent the possession of slaves in some a qualification of personal property is from ever being connected with the ownership of sufficient; and in others, age and freedom are the'soil. the sole qualifications of electors. In some States, "As corroborative of the views which have no citizen is permitted to hold slaves: in others, been already suggested, the memorialists would he possesses that power absolutely; in others, it respectfully call the attention of Congress to the is limited. The obvious meaning, therefore, of history of the national legislation, under the Con- the clause is, that the rights derived under the federation as well as under the present Constitu- Federal Constitution, shall be enjoyed by the intion, on this interfering subject. Unless the me- habitant of Louisiana in the same manner as by morialists greatly mistake, it will demonstrate the the citizens of other States. The United States, sense of the nation, at every period of its legisla- by the Copstitution, are bound to guarantee to tion, to have been, that the prohibition of Slavery every State in the Union a republican form of was no infringement of any just rights belonging government; and the inhabitants of Louisiana to free States, and was not incompatible with the are entitled, when a State. to this guarantee. enjoyments of all the rights and immunities which Each State has a right to two Senators, and to an admission into the Union was supposed to Representatives according to a certain enumeraconfer. tion of population, pointed out in the Constitution. "The memorialists, after this general survey, The inhabitants of Louisiana, upon their admiswould respectfully ask the attention of Congress sion into the Union, are also entitled to these to the state of the question of the right of Con- privileges. The Constitution further declares, gress to prohibit Slavery in that part of the former'that the citizens of each State shall be entitled Territory of Louisiana which now forms the Mis- to all the privileges and immunities of citizens in souri Territory. Louisiana was purchased of the several States.' It would seem as if the meanFrance by the Treaty of the 30th April, 1803. ing of this clause could not well be misinterpreted. llThe third article of that Treaty is as follows:' The It obviously applies to the case of the removal of inhabitants of the ceded Territory shall be incor- a citizen of one State to another State; and in porated into the Union of the United States, and such a case it secures to the migrating citizen all 24 THE STRUGGLE FOR SLAVERY RESTRICTION. the privileges and immunities of citizens in the deep and earnest feeling of its importance, and we State to which he removes. It cannot surely be respectfully solicit for it the full consideration of' contended, upon any rational interpretation, that the National Legislature. it gives to the citizens of each State all the privi- "Your memorialists were not without the hope legcs and immunities of the citizens of every other that the time had at length arrived when the inState. at the same time, and under all circum- convenience and the danger of this description stances. Such a construction would lead to the of population had become apparent in all parts most extraordinary consequences. It would at of this country, and in all parts of the civilized once destroy all the fundamental limitations of world. It might have been hoped that the new the State constitutions upon the rights of their States themselves would have had such a view of own citizens; and leave all those rights to the their own permanent interests and prosperity as mercy of the citizens of any other State, which would have led them to prohibit its extension and should adopt different limitations. According to increase. The wonderful increase and prosperity this construction, if all the State constitutions, of the States north of the Ohio is unquestionably save one, prohibited slavery, it would be in the to be ascribed, in a great measure, to the conse power of that single State, by the admission of quences of the ordinance of 1787; and few, inthe right of its citizens to hold slaves, to commu- deed, are the occasions, in the history of nations, nicate the same right to the citizens of all the in which so much can be done, by a single act, other States within their own exclusive limits, in for the benefit of future generations, as was done defiance of their own constitutional prohibitions; by that ordinance, and as may now be done' by and to render the absurdity still more apparent, the Congress of the United States. We appeal the same construction would- communicate the to the justice and to the wisdom of the National most opposite and irreconcilable rights to the Councils to prevent the further progress of a citizens of different States at the same time. It great nd serious evil. We appeal to those who seems, therefore, to be. undeniable, upon any ra- look forward to the remote consequences of their tional interpretation, that this clause of the Con- measures, and who cannot balance a temporary stitution communicated no rights in any State or triffing convenience, if there were such, against which its own citizens do not enjoy; and that the a permanent, growing, and desolating evil. We citizens of Louisiana, upon their admission into cannot forbear to remind the two Houses of Conthe Union, in-receiving the benefit of this clause, gress that the early and decisive measures adoptwould not enjoy higher or more extensive rights ed by the American Government for the abolition than the citizens of Ohio. It would communicate of the slave-trade, are among the proudest memoto the former no right of holding slaves except in rials ofournation's glory. That Slavery was ever States where the citizens already possessed the tolerated in the Republic is, as yet, to be attribsame right under their own State Constitutions uted to the policy of another Government. No and laws. ~* * * imputation, thus far, rests on any portion of the " Upon the whole, the memorialists would most American Confederacy. The Missouri Territory respectfully submit that the terms of the Consti- is a new country. If its extensive and fertile tution, as well as the practice of.the Governments field shall be opened as a market for slaves, the under it, must, as they humbl conceive, entirely Government will seem to become a party to a justify the conclusion that Congress may pro- traffic which, in so many acts, through so many hibit the further introduction of Slavery into its years, it has denounced as impolitic, unchristian, own territories, and also make such prohibition a inhuman. To enact laws to punish the traffic, condition of the admission of any new State into and, at the same time, to tempt cupidity and avathe Union. rice by the allurements of an insatiable market, "If the constitutional power of Congress to is inconsistent and irreconcilable. Government, make the proposed prohibition be satisfactorily by such a course, would only defeat its own purshown, tie justice and policy of such prohibition poses. and render nugatory its own measures. seem to the undersigned to be supported by plain Nor can the laws derive support from the manand strong reasons. The permission of Slavery ners of the people, if the power of moral sentiin a new State, necessarily draws after it an ex- ment be weakened by enjoying, under the pertension of that inequality of representation, which mission of Government, great facilities to comalready exists in regard to the original States. mit offenses. The laws of the United States have It cannot be expected that those of the original denounced heavy penalties against the traffic in States, which do not hold slaves. can look on slaves, because such traffic is deemed unjust and such an extension as being politically just. As inhuman. We appeal to the spiritof these laws: between the original States the representation We appeal to this justice and humanity: We rests on compact and plighted faith; and your ask whether they ought not to operate, on the memorialists have no wish that that compact present occasion,with all their force? We have should be disturbed, or that plighted faith in the a strong feeling of the injustice of any toleration slightest degree violated. But the subject as- of Slavery. Circumstances have entailed it on sumes an entirely different character, when a new a portion of our community, which cannot be imState proposes to be admitted. With her there is mediately relieved from it without consequences no compact, and no faith plighted; and where is more injurious than the suffering ofthe evil But the reason that she should come into the Union to permit it in a new country, where yet no habwith more than an equal share of political im- its are formed which render it indispensable, what portance and political power? Already the ratio is it, but to encourage that rapacity, and fraud ofrepresentation, establishedby the Constitution, and violence, against which we have so long has given to the States holding slaves twenty pointed the denunciations of our penal code? members of the House of Representatives more What is it, but to tarnish the proud fame of the than they would have been entitled to, except country? What is it, but to throw suspicion on under the particular provision of the Constitution. its good faith, and to render questionable all its In all probability, this number will be doubled professions of regard for the right of humaniin thirty years. Under these circumstances, we ty and the liberties of mankind? deem it not an unreasonable expectation that the " As inhabitants of a free country-as citizens inhabitants of Missouri should propose to come of a great and rising Republic-as members of a into the Union, renouncing the right in question, Christian community-as living in a liberal and and establishing a constitution prohibiting it for enlightened age, and as feeling ourselves called ever. Without dwelling on this topic, we have upon by the dictates of religion and humanity, still thought it our duty to present it to the con- we have presumed to offer our sentiments to sideration of Congress. We present it with a Congress on this question, with a solicitude for THE SECOND MISSOURI STRUGGLE. 25 the event far beyond what a common occasion restriction of Slavery. would, in their opinion, escould inspire." sentially impair the right of this and other existing States to equal representation in Congress (a right at the foundation of the political compact), inasInstead of reprinting the Speeches elicited much as such newly-admitted slaveholding State by this fruitful theme, which must necessarily, would be represented on the basis of their slave to a great extent, be a mere reproduction of population; a concession made at the formation ideas expressed in the debate of the last ses- of the Constitution in favor of the then existing ida re ethe Re- States, but never stipulated for new States, nor to sion, already given, we here insert the R e- inferred from any article or clause in that insolves of the Legislatures of New-York, strument. New-Jersey, Pennsylvania, Delaware, and "2. Resolved, That to admit the Territory of Kentucky-the first three being unanimous Missouri as a State into the Union, without pro exresnin favor of Slavery Restriction; hibiting Slavery there, would, in the opinion of the expressions in favor of Slavery Restriction; representatives of the people of New-Jersey afore the fourth, from a Slave State, also in favor said, be no less than to sanction this great politiof such Restriction, though probably not cal and moral evil, furnish the ready means of unanimously agreed to by the Legislature; peopling a vast Territory with Slaves, and perthe last against Restriction, and also (we petuate all the dangers, crimes, and pernicious of effects of domestic bondage. presume) unanimous. The Legislatures of "3. Resolved, As the opinion of the Representathe Free States were generally unanimous tives aforesaid, That inasmuch as no Territory for Restriction; those of the Slave States has a right to be admitted into the Union, but on (Delaware excepted) unanimous against it. theprinciplesoftheFederal Constitution, and only by a law of Congress, consenting thereto on the It is not deemed necessary to print more part of the existing States, Congress may rightfulthan the following: ly, and ought to refuse such law, unless upon the reasonable and just conditions, assented to on the NEW YORK. * part of the people applying to become one of the States. "State of New-York, in Assembly, Jan. 17, "4. Resolved, In the opinion of the Representa. 1820: tives aforesaid, That the article of the Constitution " Whereas, The inhibiting the further extension which restrains Congress from prohibiting the of Slavery in these United States is a subject of migration or importation of Slaves, until after the deep concern among the people of this State; and year 1808, does, by necessary implication, admit whereas we consider Slavery as an evil much to the general power of Congress over the subject be deplored; and that every constitutional barrier of Slavery, and concedes to them the right to regu. should be interposed to prevent its further exten- late and restrain such migration and importation sion; and that the Constitution of the United after that time, into the existing, or any newly-toStates clearly gives Congress the right to require be-created State. of new States, not comprised with the original "5. Resolved, As the opinion of the Representaboundaries of these United States, theprohibition tives of the people of New-Jersey aforesaid, That of Slavery, as a condition of its admission into the inasmuch as Congress have a clear right to refuse Union: Therefore,'' the admission of a Territory into the Union, by "Resolved (if the honorable the Senate concur the terms of the Constitution, they ought in the herein), That our Senators be instructed, and our present case to exercise that absolute discretion Representatives in Congress be requested, to op- in order to preserve the political rights of the pose the admission as a State into the Union, any several existing States, and prevent the great territory not comprised as aforesaid, without national disgrace and multiplied mischiefs, which making the prohibition of Slavery therein an in- must ensue from conceding it, as a matter of right, dispensable condition of admission: therefore, in the immense Territories yet to claim admission "Resolved, That measures be taken by the clerks into the Union, beyond the Mississippi, that they of the Senate and Assembly of this State, to trans- may tolerate Slavery. mit copies of the preceding resolutions to each of 6. Resolved, (with the concurrence of Council,) our Senators and Representatives in Congress." That the Governor of this State be requested to [Unanimously concurred in by the Seuate.] transmit a copy of the foregoing resolutions to each of the Senators and Representatives of this State in the Congress of the United States." NEW JERSEY. HOusE or REPRESENTATIVES, ) PENNSYL VANIA. January 24th, 1820. PENNSYLVANIA. Mr. Wilson of N. J. communicated the HousE OF REPRESENTATIVES, 5 following Resolutions of the Legislature of December 11th, 1819. the State of New-Jersey, which were read: A motion was made by Mr. Duane and " Whereas. A Bill is now depending in the Con- Mr. Thackara, and read as follows: gress of the United States, on the application of "The Senate and House of Representatives of the people in the Territory of Miseour for the ad- the Commonwealth of Pennsylvania, while they mission of that Territory as a State into the Union, cherisfi the right of the individual States to exnot containing provisions against Slavery in such press their opinion upon all public measures proproposed State, and a question is made upon the posed in the Congress of the Union, are aware right and expediency of such provision. that its usefulness must in a great degree depend " The representatives of the people of Now-Jer- upon the discretion with which it is exercised; sey, in the Legislative Council and General they believe that the right ought not to be resorted Assembly of the said State, now in session, deem to upon trivial subjects or unimportant occasions; it a duty they owe to themselves, to their constitu- but they are also persuaded that there are moents, and posterity, to declare and make known ments when the neglect to exercise it would be a the opinions they hold upon this momentous sub- dereliction of public duty. ject: and, "Such an occasion, as in their judgment de"1. They do resolve and declare, That the further mands the frank expression of the sentiments of admission of Territories into the UniQn, without Pennsylvania, is now presented. A measure was 26 THE STRUGGLE FOR SLAVERY RESTRICTION. ardently supported in the last Congress of the vested in them by the Constitution, to stipulate United States, and will probably be as earnestly with the Territory upon the conditions of the urged during the existing session of that body, boon. which has a palpable tendency to impair the po- "The Senate and House of Representatives of litical relations of the several States; which is cal- Pennsylvania, therefore, cannot but deprecate culated to mar the social happiness of the present any departure from the humane and enlightened and future generations; which, if adopted, would policy pursued not only by the illustrious Conimpede the march of humanity and Freedom gress which framed the Constitution, but by their through the world; and would transfer from a successors without exception. They are persuadmisguided ancestry an odious stain and fix it in- ed that, to open the fertile regions of the West to delibly upon the present race-a measure, in a servile race, would tend to increase their numbrief, which proposes to spread the crimes and hers beyond all past example, would open a new cruelties of Slavery from the banks of the Missis- and steady market for the lawless venders of husippi to the shores of the Pacific. When a mea- man flesh, and would render all schemes for oblitsure of this character is seriously advocated in erating this most foul blot upon the American the republican Congress of America, in the nine- character useless and unavailing. teenth century, the several States are invoked by " Under these convictions, and in the full perthe duty which they owe to the Deity, by the suasion that upon this topic there is but one opinveneration which they entertain for the memory ion in Pennsylvaniaof the founders of the Republic, and by a tender " Resolved by the Senate and House of Repreregard for posterity, to protest against its adoption, sentatives of the Commonwealth of Pennsylvania, to refuse to covenant with crime, and to limit the That the Senators of this State in the Congress of range of an evil that already hangs in awful bod- the United States be, and they are hereby ining over so large a portion of the Union. structed, and that the Representatives of this "Nor can such a protest be entered by any State in the Congress of the-United States be, and State with-greater propriety thanby Pennsylvania. they are hereby requested, to vote against the adThis commonwealth has as sacredly respected the mission of any Terntory as a State into the Union, rights of other States as it has been careful of its unless said Territory shall stipulate and agree own'; it has been the invariable aim of the people that' the further introduction of Slavery or inof Pennsylvania to extend to the universe. by their voluntary servitude, except for the punishment of example, the unadulterated blessings of civil and crimes whereof the party shall have been duly religious freedom; and it is their pride that they convicted, shall he prohibited; and that all chilhave been at all times the practical advocates of dren born within the said Territory, after its adthose improvements and charities among men mission into the Union as a State, shall be free, which are so well calculated to enable them to an- but may be held to service until the age of twenswer the purposes of their Creator; and above all, ty-five years.' they may boast that they were foremost in re- "Resolved, That the Governor be, and he is moving the pollution of Slavery from among hereby requested to cause a copy of the foregoing them. preamble and resolution to be transmitted to such " If, indeed, the measure, against which Penn- of the Senators and Representatives of this State sylvania considers it her duty to raise her voice, in the Congress of the United States. were calculated to abridge any of the rights guar- "Laid on the table." anteed to the several States; if, odious as Slave- THURSDAY, December 16, 1819. ry is, it was proposed to hasten its extinction by, e, -means injurious to the States upon which it was Agreeably to the order of the day, the House unhappily entailed, Pennsylvania would be resumed the consideration of the resolutions postamong the first to insist upon a sacred observ- poned on the 14th inst., relative to preventing the ance of the constitutional compact. But it can- introduction of Slavery into States hereafter to be not be pretended that the rights of any of the admitted int the Union. And on the question, States are at all to be affected by refusing to ex-Will the House agree to the resolution' the tend the mischiefs of human bondage over the Yeas and Nays were required by Mr. Randall and lIr. Souder. and stood —Yeas, 74-(54 Democrats, boundless regions of the West, a territory which Mr Sder an stod-Yeas, 74-(54Democrats, formed no part of the Union at the adoption of 2 Feraists Nay, none Among the Yeas the Constitution; which has been but lately pur- David H. Porter, late Governor, Josiah chased from a European Powerwhich has by the pele of Randall of Philadelphia, now a Whig supporter chased from a European Power by the people of of Buchanan, William W^ilkins, late minster to the Union at large; which may or may not be ad- Buchanan, William Wilkis, late imser to mitted as a State into the Union at the discretion n in the tate Senate, D. Daniel of Congress; which must establish a republican Sturgeon, late U. S. Senator, etc., etc. William Duane, editor of The Aurora, then the Demoform of Government, and no other; and whose Duan ditor of The Aura, thenthe Democlimate affords none of the pretexts urged for re-cratic Organ, also voted for the resoltions, sorting to the labor of natives of the torrid zone; prominently advocated the principle such a territory has no right, inherent or acquired, they asserted. such as those States possessed which established "The Senate unanimously concurred and the Resolves were siuned ba Gov. cilliam Findlay." the existing Constitution. When that Constitu- solves were signed by. Wlliam Findlay." tion was framed in September, 1787, the concession that three-fifths of the slaves in the States DELAWARE. then existing should be represented in Congress, could not have been intended to embrace regions In Senate of the United States, early in at that time held by a foreign power. On te con- 1820, Mr. Van Dyke communicated the foltrary, so anxious were the Congress of tht dy lowin Resolutions of the Leislature of the to confine human bondage within its ancient home, that on the 13th of July, 1787, that body State of Delaware, which were read: unanimously declared that Slavery or involuntary " Resolved, by the Senate and House of Represervitude should not exist in the extensive terr- sentatives of the State of Delaware, in General tories bounded by the Ohio, the Mississippi, Assembly met: That it is, in the opinion of this Canada and the Lakes; and in the ninth article General Assembly, the constitutional right of the of the Constitution itself, the power of Congress United States, in Congress assembled, to enact to prohibit the emigration of servile persons after and establish, as one of the conditions for the ad1808, is expressly recognized; nor is there to be mission of a new State into the Union, a provision found in the statute-book a single instance of the which shall effectually prevent the further introadmlission of a Territory to the rank of a State in duction of Slavery into such State; and that a due which Congress have not adhered to the right, regard to the true interests of such State, as well THE SECOND MISSOURI STRUGGLE. 27 as of the other States, require that the same should 30th, and thence debated daily until the 19th be done. of February, when abill came down from "Resolved, That a copy of the above and fore- Feba en a bill came dow from going resolution be transmitted, by the Speaker Senate to admit the State of of the Senate, to each of the Senators and Repre- into the Union," but with a rider authorizing sentatives from this State in the Congress of the the people of Missouri to form a State ConUnited States." stitution, etc., without restriction on the subject of Slavery. KENTUCKY. The House, very early in the session, passed a bill providing for the admission of Maine In Senate, January 24th, 1820, Mr. Logan as a State. This bill came to the Senate, communicated the following preamble and and was sent to its Judiciary Committee Resolutions of the Legislature of the State aforesaid, which amended it by adding a of KTentucky, which were read: provision for Missouri as above. After " Whereas,, The Constitution of the United several days' debate in Senate, Mr. Roberts States provides for the admission of new States a moved t recommit so as to strike into the Union, and it is just and proper that all of Pa. moved to recommit, so as to strike such States should be established upon the footing out all but the admission of Maine; which of original States, with a view to the preservation.was defeated (Jan. 14th, 1820)-Yeas 18; of State Sovereignty, the prosperity of such new Nays 25. Hereupon Mr. Thomas of Ill. State, and the good of their citizens; and whereas, (who vote successful attempts have been heretofore made,d with the major as uniform and are now making, to prevent the People of the against any restriction on Missouri) gave Territory of Missouri from being admitted into the notice that he should Union as a State, unless trammeled by rules and l t i a i t ii i regulations which do not exist in the original as leav to brin billto prohibit the tr States, particularly in relation to the toleration of dution of Slavery into the Territories of the Slavery. United States North and Vest of the contem" Whereas, also, if Congress can thus trammel or plated State of Missouri." control the powers of a Territory in the formation of a State government, that body may, on the -which he accordingly did on the 19th; same principle, reduce its powers to little more when it was read and ordered to a third than those possessed by the people of the District reading. of Columbia; and whilst professing to make it a Sovereign State, may bind it in perpetual vas- [NoT-Great confusion and misconception esalage, and reduce it to the condition of a province ists in the public mind with regard to "the Missouri such State must necessarily become the dependent Restriction," two totally different propositions of Congress, asking such powers, and not the in- being called by that name. The original Redependent State, demandingrights. And whereas, striation, which Mr. Clay vehemently opposed, it is necessary, in preserving the State Sovereig and Mr. Jefferson in a lette characterized as a ties in their present rights, that no new State ties in their present rights, that no new State "firebell in the night," contemplated the limitashould be subjected to this restriction, any more tion of Slavery in its exclusion from the State of than an old one, and that there can be no reason Mssuri. This was ultimately defeated, as we or justice why it should not be entitled to the shallsee. Ihe second proposed Restriction was same privileges, when it is bound to bear all the that of Mr Thomas, just cited, which proposed burdens and taxes laid upon it by Congress. the exclusion of Slavery, not from the State of' In passing the following Resolution, the Gene- Missouri, but from the lTerritories of the United ral Assembly refrains from expressing any opinion States North and West of that State. This either in favor or against the principles of Slavery; roposition did not emanate from the origal but to support and maintain State rights, which Missouriestrtionsts but from their adversait conceives necessary to be supported and main- ries,and was but reluctantly and partially actained, to preserve the liberties of the free people cepted by the former.of these United States, it avows its solemn con- The Maine admission bill, ith theproviction, that the States already confederated under one common Constitution, have not a right to posed amendments, was discussed through deprive new States of equal privileges with them- several days, until, Feb. 16th, the question selves. Therefore, was taken on the Judiciary Committee's "Resolved, by the General Assembly of the amendments (authorizing Missouri to form a Commonwealth of Kentucky, That the Senatorsamen ents (authiing Mioi to fom in Congress from this State be instructed, and the State Constitution, and saying nothing of Representatives be requested, to use their efforts Slavery), which were adopted by the followto procure the passage of a law to admit the people ing vote: of Missouri into the Union, as a State, whether those people. will sanction Slavery by their Con- YEAS —Against the Restriction on Missouri: stitution, or not. ~stituti~on,~or not.~ Messrs. Barbour of Va. Logan of Ky.'Resolved, That the Executive of this Com- srs oofa. Logan of N monwealth be requested to transmit this Resoln- o f tion to the Senators and Representatives of this Eat of Tn. Pine of Md State in Congress, that it may be laid before that Edwards of l. Peasants of Va. body for its consideration." Elliott of Ga. Smith of S. C. body for its consideration."..Y~~~~~ ~Gaillard of S. C. Stokes of N. C. The bill authorizing Missouri to form a Johnson of Ky. Taylor of Ind. constitution, etc., came up in the House as a Johnson of a. Thomas of fll. KJan. 24th. Mr. Taylor of N. ig (Win. R.), Ala. WValker of Ala. special order, Jan. 24th. Mr. Taylor of N. Leake of Miss. Walker of Ga. Y. moved that it be postponed for one week: Lloyd of Md. Williams of Miss. Lost: Yeas 87; Nays 88. Whereupon the Williams of Tenn.-23. House adjourned. It was considered in com- [20 from Slave States; 3 (in italics) from mittee the next day, as also on the 28th and Free States,] 28 THE STRUGGLE FOR SLAVERY RESTRICTION. NA YS-For Restriction:' Lloyd of Md. Williams of Ten. Messrs. Burrill of R. I. Noble of nd. Logan of Ky. Wilson of N.J.-34 Dana of Ct. Otis of Mass. NA YS-Against such Restriction: Dickinson of N. J. Palmer of Vt. Horsey of Del. Parrott of N. H. Messrs. Barbour of Va. Smith (Wm.) of Hunter of R. I. Roberts of Pa. Elliott of Ga. S.C. King (Rufus) of N. Y. Ruggles of Ohio, Gaillard of S. C. Taylor of Ind. Lanman of Conn. Sanford of N. Y. Macon of N. C. Walker of Ga. Lowrie of Pa. Tichenor of Vt. Noble of Ind. Williams of Mellen, of Mass. Trimble of Ohio, Pleasants of Va. Miss. —10. Morrill of N. H. Van Dyke of Del. [It will here be seen that the Restriction ultiWilson of N. J.-21 mately adopted, that excluding Slavery from all [19 from Free States, 2 (in italics) from territory then owned by the United States North Delaware.] and West of the Southwest border of the State of Mr. Thomas of Ill. then proposed his Missouri, was proposed by an early and steadfast amendment, as follows: opponent of the Restriction originally proposed, " And be it further enacted, That the sixth relative to Slavery in the contemplated State of article of compact of the Ordinance of Congress, passed July 13th, 1787, for the governgress, passed July 13th, 1787, for the govern- Missouri, and was sustained by the votes of fourment of the Territory of the United States, north- teen Senators from Slave States, including the west of the river Ohio, shall, to all intents and Senators from Delaware, Maryland, Kentucky, purposes, be, and hereby is, deemed and held ap. Tennessee, Alabama, and Louisiana, with one vote plicable to, and shall have full force and effect in and over, all that tract of country ceded by each from North Carolina and Mississippi. France to the United States under the name of The current assumption that this Restriction Louisiana which lies north of thirty-six degrees was proposed by Rufus King of New and thirty minutes, north latitude, excepting only as sed by R s ig of ew Y r, such part thereof as is included within the limits mainly sustained by the antagonists of Slavery contemplated by this act." Extension, is wholly mistaken. The truth, doubtOn the following day Mr. Thomas with- less, is, that it was suggested by the more moderdrew the foregoing and substituted the fol- ate opponents of the proposed Restriction on Mis. lowing: souri-and supported also by Senators from Slave "And be itfurther enacted, Thatin all that Ter- States-as a means of overcoming the resistance ritory ceded by France to the United States under of the House to Slavery in Missouri. It was, in the name of Louisiana which lies north of thiry- effect, an offer from te milder opponents of six degrees thirty minutes, north latitude, excepting only such part thereof as is included within Slavery Restriction to the more moderate and the limits of the State contemplated by this act, flexible advocates of tliat Restriction-" Let us Slavery and involuntary servitude, otherwise have Slavery in Missouri, and we will unite with than in the punishment'of crime whereof the party shall have been duly convicted, shall be you in excluding it from all the uninhabited and is hereby forever prohibited. Provided territories North and West of that State." It always, that any person escaping into the same, was in substance an agreement between the North from where labor or service is lawfully claimed an t S t ta mo in any State or Territory of the United States, and the South to that effect, though the more de such fugitive may be lawfully reclaimed and con- teiriined champions, whether of Slavery Exten. veyed to the person claiming his or her labor or sion or Slavery Restriction, did not unite in it.] service as aforesaid." The bill, thus amended, was ordered to be Mr. Trimble of Ohio moved a substitute engrossed for a third reading by the followfor this, somewhat altering the boundaries ing vote: of the region shielded from Slavery, which vot YEAS —For the Missouri Bill was rejected: Yeas 20 (Northern); Nays YEAS-For the Missouri Bill 24 (Southern, with Noble, Edwards, and Messrs. BarbourofVa. LloydofMd. Brown of La. Logan of Ky. Taylor, as aforesaid). Eaton of Tenn. Parrott of N. H. The question then recurred on Mr. Thom- Edwards of Ill. Pinkney of Md. as's amendment, which was adopted as fol- Elliott of Ga. Pleasants of Va. lows: Gaillard of S. C.- -. Stokes of N. C. Horsey of DeL Thomas of Ill. YEA S-For excluding Slaveryfrom all the Hunter of R. I. Van Dyke, Del. Territory North and West of Missouri: Johnson of Ky. Walker of Ala. Johnson of La. Walker of Ga. Messrs. Brown of La. Mellen of Mass. King of Ala. Williams of Miss. Burrill of R. 1. Morrill of N. H. Leake of Miss. Williams, Tenn.-24. Dana of Conn. Otis of Mass. Dickerson of N. J. Palmer of Vt. N YS-Against the Bill: Eaton of Tenn. Parrott of N. H. Messrs. Burrill of R. I. Otis of Mass. Edwards of Ill. Pinkney of Md. Dana of Conn. Palmer of Vt. Horsey'of Del. Roberts of Pa. Dickerson of N. J. Roberts of Pa. Hunter of R. I. Ruggles of Ohio, King of N. Y. Ruggles of Ohio, Johnson of Ky. Sanford of N. Y. Lanman of Conn. Sanford of N. Y. Johnson of La. Stokes of N. C. Lowrie of Pa. Smith of S. C. King (Wm. R.) of Ala. Thomas of Ill. Macon of N. C. Taylor of Ind. King (Rufus) of N. Y. Tichenor of Vt. Mellen of Mass. Tichenor of Vt. Lanman of Conn. Trimble of Ohio, Morrill of N.H. Trimble of Ohio, Leake of Miss. Van Dyke of Del. Noble of Ind. Wilson of N. J. Lowrie of Pa. Walker of Ala. -20. THE SECOND MISSOURI STRUGGLE. 29 The bill was thus passed (Feb. 18th) with- of N. J., and Shaw of Mass., voting with the out further division, and sent to the House South ] for concurrence. In the House, Mr. Thom- Sec. 9, (the Senate's exclusion of Slavery as's amendment (as above) was at first re- from the Territory north and west of Misjected by both parties, and defeated by the souri) was also rejected-Yeas 160; Nays strong vote of 159 to 18. The Yeas (to 14, (much as before.) The Senate thereadopt) were, upon (March 2nd) passed the House's MisMessrs Baldwin of Pa. Meech of Vt. souri bill, striking out the restriction of Bayly of Md. Mercer of Va. Slavery by Yeas 27 to Nays 15, and adding Bloomfield ofN. J. Quarles of Ky. without a division the exclusion of Slavery Cooke of Tenn. Ringgold of Ma. Crt of Vt. Sw of Mss. from the Territory west and north of said Culpepper of N. C. Sloan of Ohio. State. Mr. Trimble again moved the excluKinsey of N. J. Smith of N. J. sion of Slavery from Arkansas also, but was LathropofMass. Smith of Md. again voted down; Yeas 12; Nays 30. Little of Md. Tarr of Pa.-18. The Senate now asked a conference, which Prior to this vote, the House disagreed to the House granted without a division. The the Jog-rolling of Maine and Missouri, into Committee of Conference was composed of one bill by the strong vote of 93 to 72. Messrs. Thomas of Ill., Pinkney of Md.,and [We do not give the Yeas and Nays on this Barbour of Va. (all anti-restrictionists), on decision; but the majority was composed of the part of the Senate, and Messrs. Holmes the representatives of the Free States with of Mass., Taylor of N. Y., Lowndes of S. C., only four exceptions; and Mr. Louis McLane Parker of Mass., and Kinsey of N. J., on of Delaware, who was constrained by in- the part of the House. [Such constitution structions from his legislature. His col- of the Committee of Conference was in effect league, Mr. Willard Hall, did not vote.] a surrender of the Restriction on the part of The members from Free States who voted the House.] John Holmes of Mass., from with the South to keep Maine and Missouri this Committee, in due time (March 2nd), reunited in one bill were, ported that, Messrs. H. Baldwin of Pa. Henry Meigs of N. Y. 1. The Senate should give up the combinaBloomfield ofN. J. Henry Shawof Mass. tion of Missouri in the same' bill with The House also disagreed to the remain- Maine. ing amendments of the Senate (striking out 2. The House should abandon the attempt the restriction on Slavery in Missouri) by to restrict Slavery in Missouri. the strong vote of 102 Yeas to 68 Nays.' 3. Both Houses should agree to pass the [Nearly or quite every Representative of a Free Senate's separate Missouri bill, with Mr. State voted in the majority of this division with Thomas's restriction or compromising prothe following from Slave States: viso, excluding Slavery from all Territory Louis McLane,Del. Nelson, Md. north 4nd west of Missouri. Alney McLean, Ky. Trimble, Ky.] The report having been read, So the House rejected all the Senate's The frst and most important question amendments, and returned the bill with a was put, viz.: corresponding message. " Will tlie House concur with the Senate in so The S^nate tk up the bil on the 2h, much of the said amendments as proposes to strike from the fourth section of the [Missouri] and debated it till the 28th, when, on a direct bill theprovision prohibiting Slavery or involunvote, it was decided not to recede from the tary servitude, in the contemplated State, otherattachment of Missouri to the Maine bill: wise than in the punishment of crimes?" Yeas 21; (19 from Free States and 2 from On which question the Yeas and 9ys Delaware;) Nays 23; (20 from Slave States, were demanded, and were as follow: with Messrs. Taylor of Ind., Edwards and YEAS-For giving up Restriction on MisThomas ofll.) - ouri: The Senate also voted not to recede from MASSACHUSETTs -Mark Langdon Hill, John its amendment prohibiting Slavery west of Holmes, Jonathan Mason, Henry Shaw-4. Missouri, and north of 360 30', north latitude. RHODE ISLAND.-Samuel Eddy-1. (For receding, 9 from Slave States, with CONNECTICUT.-Samuel A. Foot, James SteMessrs. Noble and Taylor of Ind.: against NEW-YORKH.-Henry Meigs, Henry R. Storrs, it 33-(22 from Slave States, 11 from Free -2. States.) The remaining amendments of the NEW-JERSEY.-Joseph Bloomfield, Charles Senate were then insisted on without division, Kinsey, Bernard Smith-3. PEN "SYLVA-IA.-H enry Baldwin, David Ful and the House notified accordingly. lerton 2. The bill was now returned to the House, Total from Free States 14. which, on motion of Mr. John W. Taylor DELAWARE.-Louis McLane-1. of N. Y., voted to insist on its disagreement MARYLAND.-Stephenson Archer, Thomas Bayto all but sec. 9 of the Senate's amendments, ly, Thomas Culbreth, Joseph Kent, Peter Little, by Yeas 97 to Nays 76: [all but a purely Raphael Neae, Samuel Ringgold, Samuel Smith, r YHenry R. Warfield —9. sectional vote: Hugh Nelson of Va. voting VIRGINIA. —Mark Alexander, William S. with the North; Baldwin of Pa., Bloomfield Archer, Philip P. Barbour, William A. Burwell, 30 THE STRUGGLE FOR SLAVERY RESTRICTION. John Floyd, Robert S. Garnett, James Johnson, wiit Leruel Sawyer of N. C., and David Walker James Joices, William McCoy, Charles F. Merer,. Hug-h ^cls on hms, S, Tms theelson Slvertates.. CPa-.,i- laey of Ky. ker, Jas Pindall, John Randolph, Ballard Smith, beinl Speaker, did not vote.] Alexander Smyth, George F. Strother, Tlomas Iis deft rok the bacl of the Northern ja red Veoillias, Jn resistance to receiving Missouri as a Slave NoRTI- CAROLINA. —Htchins G. Burton,John State. Culpepper. Wiliiam Davidson, Weldon N. Ed- AMrl. Taylor, of N. Y., now moved an amendwards, Charles Fisheo, Thomas H. Hall, Charles ment, intended to include Arkansas Territory Hooks, Tlhomas Settle, Jesse Slocumb, James under the proposed Inhibitio of ave S. Smith. Felix Walker, Lewis Williams-12. SOUTH CxaROLINA.- Josiah Brevard, Elias West of Missouri; but this motion vwas cut Earle, James Ervin, William Lowndes, James off by the Previous Question (which then McCreary, James Overstreet, Charles Pinckney, cut off amendments more rigorously, accordEldred Simkins, Sterling Tucker-9. Eldred S oelA.Aboittnkin, Sterling T acker-9., ll to the rules of the House, than it now GEORGIA. Joel A. Abbott, Thomas WV. Cobb, Joel Crawford, John A. Cuthbert, Robert R. does), and the House proceeded to concur Reid, William Terrell —6. with the Senate in inserting the exclusion of ALABAnrA.-John Crowell-1. Slavery from the Territory West and North lMississippi.-John Rma in-I-1. of Missouri, instead of that just stricken out LoUISIANA.-Thomas Butler-1. 134 Yeas to 4 Nays, (the s being KENTTCKY.-~Richard C. Anderson, jr.,William y 134 eas to 42 Nays, (the:ays being Brown; BLenjamin Hardir, Alney McLean, from the South). So the bill was passed in Thomas Metcalf, Tunstall Quarles, Geo. Robert- the form indicated above; and the bill ad-'TENEssEE. —Robert Allen, henry II. Bryan, ewton David Tiblon,8. mitti aie as a State, Francis Jones, by a Newton Caniion, John Cocke, F'rancis Jones, conference, from the Missouri rider,) passed John Rhea.5. both Houses without a division, on the folTotal Yeas from Slave States 76; in all 90. loing day. NAYS —Against giving up the Restriction termination of the OJI'Db~atsery isl ll>Lissourz: SlSuch was the virtual termination of the on Slavery inlx Missouri: struggle for the restriction of Slavery in NEw-HlAiP.SH11Z.__Joseph Buffum, jr., Josiah.NEW-HIA:Tp)81ii1E._Joseph 1Buff'um,ijr i, Jo which was beaten by the plan of Butler, Cliftoin Clagett, Arthur Livermiore, Wil- n, la liam Pluiner, jr., Nathaniel Uplham_6. profering instead an exclusion of Slavery MASSACHUSETTS (including Maine). -.Benjamin from all the then Federal Territory West and Adams. Samuel C. Allen. Joshua Cushmlan, Ed- Nortth of that State. It is unquestionable ward DoWse, Walter Folger, jr., Timothy Fuller, that without this compromise or equivalent Jonas Kendall, Martin Kinsley, Samuel Lathrop, the ortern votes, which ssed theill, Enoch Lincoln, Marcus Morton, Jeremiah Nelson. theN ern o, h ae e i, James Parker, Zabdiel Sampson, Nathaniel Sils- could not have been obtained for it. bee, Ezekiel Whitman-16. RHODE ISLAND._Nathaniel HIazar(l-1.'III. CONNEsCTICUT._Jonathan 0. Moseley, Elisha Phelps. John Russ, Gideon Tomlinson-_4. THE THIRD MISSOURI STRTGGLE. VERMONrT.-Samuel C. Crafts, Rollin C. Mallary, Ezra Meech, Charles Rich, Ilark-Richards, THOUGH the acceptance of Missouri as a William Strong_6. State, with a Slave Constitution, was forever NEw-YORI._Nathaniel Allen, Caleb Baker, settled by the votes just recorded, a new exRobert Clark, Jacob H. De Witt, John D. Dick- citement sprang up on her presenting herself inson, JohnFay, William p. Ford, Ezra C. Gross, w James Guyon, jr., Aaron Hackley. jr., George to Congress (Nov. 16, 1820), with a State Hall, Joseph S. Lyman, Robert Monell, Nathaniel Constitution, framed on the 19th of July, Pitcher, Jonathan Richmond, Randall S. Street, containing the following resolutions: James Strong, John W. Taylor, Albert H. TcJam Strolomon Va Rensselaer, Peter H. WenH. "The General Assembly shall have no power Timcy, Solomon Van Rensselaer, Peter H. Wensd~r, Silas Wrood -~ to pass laws, First, for the emancipation of slaves -JEsEY..Ephraim Bateman, JohWn Lin, without the consent of their owners, or without Henry SoutE-JhardY-Ea3I. paying them, before such emancipation, a full PENNSYLVANIA. -Andrew Boden, William equivalent for such Slaves so emancipated; and, Second, to prevent bonafide emigrants to this Darlington, George Dennison, Samuel Edwards, Second, to plevent bona fide emigrants to this Thomas Forrest, Samuel Gross, JosepiHemphill, State, or actual settlers therein. from bringing Jacob Hibschman, Josph Heister, Jacob lostet- from any of the United States, or from any of Jater, William P. Jaclay, avid Marchand, Robert their Territories, such persons as may there be Moore, Samuel AIoore, John Murray, Thomas deemed to be Slaves, so long as any persons of son, Rbert Philson, rhomas J. Rogers, the same description are allowed to be held as Patten, Rohert hlson oasJ., Slaves by the laws of this State. John Sergeant, Christian Tarr, James M. Wal- Slaves y Ie their duty, as soon as, X. * - * ~It shall be their duty, as soon as hlace-2o e1.renryBr n may be, to pass such laws as may be necessary, OHio.._Philemon Beecher, Henry Brush, John mao W. Campbell, Samuel Herrick, Thomas R. Ross, " First, to prevent free negroes and mulattoes JohV. Campbell, Samue l errick, Thomas. Ross, from coming to, and settling in, this State, under JoNDANA-.illiaI Hendricks-i. any pretext whatever." INDI~NA. —William rKHendricks-l. ILLINOIS..-Daniel P. Cook~1. The North; still smarting under a sense of Total Nays 8t-all from Free States. its defeat on the question of excluding Slavery from Missouri, regarded this as needlessly de[The members apparently absent on this im- fiant, insulting, and inhuman, and the last portant division, were Henry W. Edwards of quoted as palpably in violation of that clause Conn., Walter Case and Ilonorius Peck of N. Y. of the Federal Constitution which gives to the and John Condit of N. J., from the Free States; citizens of each State (which blacks are, in THE ANNEXATION OF TEXAS. 31 several Free States,) the rights of citizens in undertook the difficult task of engineering every State. A determined resistance to any through Congress a bill including this triangle such exclusion was manifested, and a portion (large enough to form seven Counties) within of the Northern Members evinced a disposi- the State of Missouri; which they effected, tion to renew the struggle against the further at the long Session of 1835-6, so quietly as introduction of Slaves into Missouri. At hardly to attract attention. The bill was the first effort to carry her admission, the first sent to the Senate's Committee on the House voted it down-Yeas, 79; Nays, 93. Judiciary, where a favorable report was proA second attempt to admit her, on condition cured from Mr. John M. Clayton, of Delashe would expunge the obnoxious clause (last ware, its Chairman; and then it was floated quoted) of her Constitution, was voted down through both Houses without encountering still more decisively-Yeas, 6; Nays, 146. the perils of a division. The requisite Indian The House now rested, until a joint resolve, treaties were likewise carried through the admitting her with but a vague and ineffect- Senate; so Missouri became possessed of a ive qualification, came down from the Senate, large and desirable accession of territory, where it was passed by a vote of 26 to 18 — which has since become.one of her most posix Senators from Free States in the affirma- pulous and wealthy sections, devoted to the tive. Mr. Clay, who had resigned in the growing of hemp, tobacco, etc., and cultirecess, and been succeeded, as Speaker, by vated by Slaves. This is the:most pro-Slavery John W. Taylor, of New York, now appeared section of the State, in which was originated, as the leader of the Missouri admissionists, and has been principally sustained, that series and proposed terms of compromise, which of inroads into Kansas, corruptions of her were twice voted down by the Northern ballot-boxes, and outrages upon her people, Members, aided by John Randolph and three which have earned for their authors the apothers from the South, who would have pellation of Border Ruffians. Missouri admitted without condition or qualification. At last, Mr. Clay proposed a X. Joint Committee on this subject, to be chosen by ballot-which the House agreed to by THE ANNEXATION OF TEXAS. 101 to 55; and Mr. Clay became its Chair- THE name of Texas was originally applied man. By this Committee it was agreed, that to a Spanish possession or province, lying a solemn pledge should be requiited of the between the Mississippi and the Rio Grande Legislature of Missouri, that the Constitution del Norte, but not extending to either of of that State should not be construed to these great rivers. It was an appendage of authorize the passage of any Act, and that the Viceroyalty of Mexico, but had very few no Act should be passed, " by which any of civilized inhabitants down to the time of the the citizens of either' of the States should be separation of Mexico from Spain. On two excluded from the enjoyment of the privileges or three occasions, bands of French advenand immunities to which they are entitled turers had landed on its coast, or entered it under the Constitution of the United States." from the adjoining French colony of LouisiThe Joint Resolution, amended by the addi- ana; but they had uniformly been treated as tion of this proviso, passed the House by 86 intruders, and either destroyed or made priYeas to 82 Nays; the Senate concurred soners by the Spanish military authorities. (Feb. 27th, 1821,) by 26 Yeas to 15 Nays- No line had ever been drawn between the.(all Northern but Macon, of N. C.) Mis- two colonies; but the traditional line between souri complied with the condition, and be- them, south of the Red River, ran somewhat came an accepted member of the Union. within the limits of th present State ~ Thus closed the last stage of the fierce Mis- Louisiana. souri Controversy, which for a time seemed The etymology of Natchitoches, a city of to threaten-as so many other controversies Louisiana on the Red River, several miles have harmlessly threatened-the existence of within the present boundary of that State, the Union. attests its claims to a Spanish origin. IxV When Louisiana was transferred by France IX;,^ ~ to the United States, without specification EXTENSION OF MISSOURI. of boundaries, collisions of claims on this THE State of Missouri, as originally or- frontier was apprehended. General Wilkinganized, was bounded on the West by a line son, commanding the United States troops, already specified, which excluded a triangle moved gradually to the west; the Spanish West of said line, and between it and the commandant in Texas likewise-drew toward Missouri, which was found, in time, to be the frontiers, until they stood opposite each exceedingly fertile and desirable. It was other across what was then tacitly settled free soil by the terms of the Missouri com- as the boundary between the two countries. pact, and was also covered by Indian reserv- This was never afterward disregarded. ations, not to be removed without a concur- In 1819, Spain and the United States rence of two-thirds of the Senate. Messrs. seemed on the verge of war. General JackBenton and Linn, senators from Missouri, son had twice invaded Florida, on the assump 32 THE STRUGGLE FOR SLAVERY RESTRICTION. tion of complicity on the part of her rulers independence was declared; in 1836, at the and people-first with our British, then with decisive battle of San Jacinto, it was, by the our savage enemies-and had finally overrun, rout and capture of the Mexican dictator, and, in effect, annexed it to the Union. secured. This triumph was won by emiSpain. on the, other hand, had preyed upon grants from this country almost exclusively; our commerce during the long wars in scarcely half a dozen of the old Mexican inEurope, and honestly owed our merchants habitants participating in the revolution. large sums for unjustifiable seizures and Santa Anna, while a prisoner, under restraint spoliations. A negotiation for the settle- and apprehension, agreed to a peace on the ment of these differences was carried on at basis of the independence of Texas-a Washington, between John Quincy Adams, covenant which he had no power, and probaMr. Monroe's Secretary of State, and Don bly no desire, to give effect to when restored Onis, the Spanish embassador, in the course to liberty. The Texans, pursuing their adof which Mr. Adams set up a claim, on the vantage, twice or thrice penetrated other part of this country, to Texas as a natural Mexican provinces-Tamaulipas, Coahuila, geographical appendage not of Mexico, etc., and waved their Lone-Star flag ir debut of Louisiana. This claim, however, he fiance, on the banks of the Rio Grande del eventually waived and relinquished, in con- Norte; which position, however, they were sideration of a cession of Florida by Spain always compelled soon to abandon-once to this country-our government agreeing, with severe loss. Their government, neveron its part, to pay the claims of our mer- theless, in reiterating their declaration of inchants for spoliations. Texas remained, dependence, claimed the Rio Grande as their therefore, what it always had been-a de- western boundary, from its source to its partment or province of Mexico, with a mouth, including a large share of Tamaulipas, formal quit-claim thereto on the part of the Coahuila, Durango, and by far the more imUnited States. portant and populous portion of New MexiThe natural advantages of this region co. And it was with this claim, expressnaturally attracted the attention of Ameri- ly set forth in the treaty, that President can, adventurers, and a small colony of Tyler and his responsible advisers negotiated Yankees was settled thereon, about 1819-20, the first official project of annexation, which by Moses Austin of Connecticut. Other was submitted to the Senate, during the sessettlements followed. Originally, grants of sion of 1843-44, and rejected by a very deland in Texas were prayed for, and obtained cisive vote: only fifteen (mainly Southern) of the Mexican government, on the assump- senators voting to confirm it. Col. Bentop, tion that the petitioners were Roman Catho- and others, urged this aggressive claim of lies, persecuted in the United States, because boundary, as affording abundant reason for of their religion, and anxious to find a refuge the rejection of this treaty; but it is not in some Catholic country. Thus all the known that the Slavery aspect of the case early emigrants to Texas went professedly as attracted especial attention in the Senate. Catholics, no other religion being tolerated. The measure, however, had already been Slavery was abolished by Mexico soon publicly eulogized by Gen. James Hamilton, after the consummation of her independence, of S. C., as calculated to' give a Gibraltar when very few slaves were, or ever had been, to the South," and had, on that ground, sein Texas. But, about 1834, some years after cured a very general and ardent popularity this event, a quiet, but very general, and, throughout the southwest. And, more thar evidently concerted, emigration, mainly from a year previously, several northern memTennessee and other southwestern States, bers of Congress had united in the follgan to concentrate itself in Texas. The lowing: emigrants carried rifles; many of them were accompanied by slaves; and it was well un- TO THE PEOPLE OF THE FREE STATES derstood that they did not intend to become our duties to Mexicans, much less to relinquish their e the undersio Mexicans, much less to relinquish theiour constituents and our country as members of slaves. WVhen Gen. Sam. Houston left the 27th Congress, feel bound to call your attenArkansas for Texas, in 1834-5, the Little tion, very briefly, to the project, long entertained Rock Journal, which announced his exodus by a portion of the people of these United States, and desrtination, significantly added: " pe still pertinaciously adhered to, and intended soon and destination, significantlyadded we t be consummated: THE ANNEXATION OFTEXAS doubtless, er of hi r h to be consummated: THE ANNEXATION OF TEXAS shall, doubtless, hear of his raising his flagTO THIS UNION. In the press of business incithere shortly." That was a foregone conclusion. dent to the last days of a session of Congreas, we Of course, the new settlers in Texas did have not time, did we deem it necesstry, to not lack pretexts or provocations for such a enter upon a detailed statement of the reaons which force upon our minds the conviction, step. Mexico was then much as she is now, that this project is by no means abandoned: misgoverned, turbulent, anarchical, and des- that a large portion of the country, interested potic. The overthrow of her Federal Con- in the continuance of Domestic Slavery and stitution by Santa Anna was one reason as- the Slave Trade in these United States, have stitution by Santa Anna was one reason as- s ti u r d t it solemnly and unalterably determined: that it signed for the rebellion against her authori- shall be speedily carried into execution; and that, ty which broke out in Texas. In 1835, her'by this admission of new Slave Territory and THE ANNEXATION OF TEXAS. 33 Slave States, the undue ascendancy of the Slave- habit the Southern portion of this Confederacy, wher holding power in the Government shall be secured it is known that a species of domestic Slavery is toleand riveted beyond all redemption!. rated and protected by law, whose existence is proThat it was with these views and intentions that hibited by the legal regulations of other States of this settlements wereffected in the Province b Confederacy; which system of Slavery is held by all, settlements were effected i e P, by who are familiarly acquainted with its practical efcitizens of the United States, difficulties foment- fects, to be of highly benefical inuence to the country ed with the Mexican Government, a revolt within whose limits it is permitted to exist. brought about, and an Independent Government "The Committee feel authorized to say that this declared, cannot now admit of a doubt; and that, system is cherished by our constituents as the very hitherto, all attempts of Mexico to reduce her re- palladium of their prosperity and happiness, and whatever ignorant fanatics may elsewhere conjectere, the volted province to obedience, have proved n-ever ignorant fanaticsmayelsewhereconjectre, the successful is to be attributed to the unlnwful nad Committee are fully assured, upon the most diligent sccessful is to be attributed to the unlawful aid observation and reflection on the subject, that the and assistance of designing and interested indi- South does not possess within her limits a blessing with viduals.in the United States, and the direct and which the affections of her people are so closely entwined indirect co-operation of our own Government, and so completely enfibred, and whose value is more with similar views, is not the less certain and de- highly appreciated, than that which we are now conmonstrable. sidering. * * * C The open and repeated enlistment of troops in several States of this Union, in aid of the Texan' It may not be improper here to remark, that during the last session of Congress, when a Senator from Revolution, the intrusion of an American Army, Mississippi proposed the acknowledgment of Texiaa by order of the President, far into the Territory independence, it was found, with a few exceptions, the of the Mexican Government, at a moment critical members of that body were ready to take ground upon for the fate of the insurgents, under pretense it, as upon the subject of Slavery itself. of preventing Mexican soldiers from fomenting "With all these facts before us, we do not hesitate Indian disturbances, but in reality in aid of, and in believing that these feelings influenced the New acting in singular concert and coincidence with, England Senators. but one voting in favor of the measure; ant, indeed, Mr. Webster has been bold enough, the army of the Revolutionists, the entire neglect su a pblic eeh ecently delivered in New York, to of our Government to adopt any efficient measures many thousand citizens. to declare that the reason to prevent the most unwarrantable aggressions that influenced his opposition was his abhorrence to of bodies of our own citizens, enlisted, organized Slavery in the South, and that it might, in the event and officered within our own borders, and march- of its recognition, become a slaveholding State. He ed in arms and battle array upon the territory, and also spoke of the efforts making in favor of Abolition; against the inhabitants of a friendly government, and that being predicated upon, and aided by the powinaid of freeboo iters ansd aisurgentsa nd the pren erful influence of religious feeling, it would become in aid of freebooters and insurgents,-and the pre- irresistible and, overwhelming. mature recognition of the Independence of Texas, This language, coming from so distinguished an by a snap vote, at the heel of a session of Con- individual as Mr. Webster, so familiarwith the feelings gress, and that, too, at the very session when of the North. and entertaining so highs respect for President Jackson had, by special Message, in- Dublic sentiment in New England, speaks so plainly sisted that "the measure would be contrary to the voice of the North as not to be misunderstood. the policy invariably observed by the United We sincerely hope there is enough good sense States in all similar cases;" would be marked with and genuine love of country among our fellow-coun trymen of the Northern States, to secure us final jusgreat injustice to Mexico, and peculiarly liable'to tice on this subject; yet we cannot consider it safe or the darkest suspicions, inasmuch as the Texans expedient for the people of the South to entirely diswere almost all emigrantsfrom the United States, regard the efforts of the fanatics, and the opinions of AND SOUGHT THE RECOGNITION OF THEIR INDE- such men as Webster, and others who countenance PENDKNCE WITH THE AVOWED PURPOSE OF OB- such dangerous doctrines. TAINING THEIR ANNEXATION TO THE U. TE. " The Northern States have so interests of their These occurrences are too well known and too own which require any special safeguards for their all, to nee moeh defense, save only their domestic manufactures n and fresh in the memory of all, to need more than a God knows they have already received protection from passing notice. These have become matters of Government on a most liberal scale; under which enhistory. For further evidence upon all these and couragement they have improved and flourished beother important points, we refer to the memorable yond example. The South has very peculiar interests speech of John Quincy Adams, delivered in the to preserve: interests already violently assailed and House of Representatives during the morning boldly threatened. hour in June and July, 1838. and to his address tt Your Committee are fully persuaded that this prohour in June and July. 1838. and to his address tection to herabest interests will be afforded by the anto his constituents, delivered at Braintree, 17th nexantin qf Texas; an equipoise of influence in the September, 1842. halls of Congress will be secured, which willfurnish us The open avowal of the Texans themselves — a persanent guarantee (jfprotection." the frequent and anxious negotiations of our own Government-the resolutions of various States of The speech of Mr. Adams, exposing the whole the Union-the numerous declarations of mem- system of duplicity and perfidy toward Mexico, bers of Congress-the tone of the Southern press had marked the conduct of our Government; and -as well as the direct application of the Texan the emphatic'expressions of opposition which Government, make it impossible for any man to began to come up from all parties in the Free doubt, that ANNEXATION, and the formation of States, however, for a time, nearly silenced the several new Slaveholding States, were originally clamors of the South for annexation, and the peothe policy and design of the Slaveholding States ple of the North have been lulled into the belief, and the Executive of the Nation. that the project is nearly, if not wholly abandoned, The same references will show, very con- and that, at least, there is now no serious danger elusively, that the particular objects of this new of its consummation. acquisition of Slave Territory, were THE PER- Believing this to be afalse and dangerous sePETUATION OF SLAVERY AND THE CONTINUED curity; that the project has never been aban. ASCENDANCY OF THE SLAVE POWER. doned a moment, by its originators and abettors, The following extracts from a Report on that but that it has been deferred for a more favorable subject, adopted by the Legislature of Mississippi, moment for its accomplishment, we refer to a few frm a mass of similar evidence which might be evidences of more recent development upon be adduced, will show with what views the an- which this opinion is founded. nexation was then urg(d. The last Election of President of the Republic "But we hasten to suggest the importance of the of Texas, is understood to have turned, mainly, annexation of Texas to this Republic upon grounds upon the question of annexation ot no annex. somewhat local in their complexion, but of an import ation, and the candidate favorable to that mea-.nfnitely grave and interesting to the people who in- sure was successful by an overwhelming majority, 3 THE STRUGGLE FOR SLAVERY RESTRICTION. The sovereign States of Alabama, Tennessee, and nexation; at all events, he would risk it with the De, Mississippi, have recently adopted Resolutions, mocracy of the North. sofle, if not all of them, unanimously, in favor of Sir," said Mr. W., "it is not only the duty of th annexation, and forwarded them to Congress. to demand the liquidation of our claims, and the liberation of our citizens, but to go further, The Hon. HENRY A. WISE, a member of Con- and demand the non-invasion of Texas. Shall we sit gress from the District in which our present still while the standard of insurrection is raised on hief Magistrate resided when elected Vice-Presi- our borders, and let a horde of slaves, and Indians, dent, and who is understood to be more intimately and Mexicans roll up to the boundary line of Arkansas acquainted with the views and designs of the pre- andLouisiana No. It is our duty at once to say to sent administration than any other member of Mexico,'If you strike Texas, you strike us;' and if iCongress, most distinctly avowed his desire for, England, standing by: should dare to intermeddle, and.Congress, most distinctly avowed his desire for, ask,' Do you take part with Texas 1' his prompt anand expectation of annexation, at the last session wer should be,' Yes, and against you.' of Congress. Among other things, he said, in a Such, he would let gentlemen know, was i the spirit speech delivered January 26, 1842: of the whole people df the great valley of the West." "True, if Iowa be added on the one side, Florida will be added on the other. But there the equation Several other members of Congress, in the must stop. Let one more Northern State be admitted, same debate, expressed similar views and desires, and the equilibrium is gone-gone forever. The bal- and they are still more frequently expressed in once of interests is gone-the safeguard of American conversation property-of the American Constitution-of the Ameri- The Hon. THO'S W. GILMER, a member of Concan Union, vanished into thin air. This must be the inevitable result, unless by a treaty with Mexico, THE gress from Virginia, and formerly a Governor of SOUTH CAN ADD MORE WRIGHT TO HER END or THE that State, numbered asone of the " Guard," and LEVER I Let the South stop at the Sabne, (the east- of course understood to be in the counsels of the ern boundary of Texas,) while the North may spread Cabinet, in a letter bearing date the 10th day of unchecked beyond the Rocky Mountains, AaD THE January last, originally'designed as a private and SOUTHERN SCALE MUST KICK THE BEAM! " confidential letter to a friend, gives it as his Finding difficulties, perhaps, in the way of a ces- deliberate opinion, after much examination and sion by Treaty, in another speech delivered in reflection, that TEXAS WILL BE ANNEXED TO THE April, 1842, on a motion made by Mr. Linn, of UnION; and he enters into a spacious argument, N. Y., to strike out the salary of the Minister to and presents a variety of reasons in favor of the Mexico, on the ground that the design of the Ex- measure. He says, among other things: ECUTIVE, in making the appointment, was to accomplish the'annexation of Texas, Mr. Wise said, WASHINGTON, Jan. 10th, 1843. " he earnestly hoped and trusted that the Presi- "DEAR SIR-You ask if I have expressed the opindent was as desirous (of annexation) as he was ion, that Texas would be annexed to the United represented to be. We may well suppose the States. I answer, yes; and this opinion has not been President to be in favor of it, as every wise states- adopted without reflection, or without a careful obserma 4-n must be ~whor i not go verned by fanati- vation of causes, which I believe are rapidly bringing man must be who is not governed by fanati- no now how far te. o. ll s a p e." about this result. I do not know how far these cism, or local sectional prejudices." causes have made the same impression on others; He said of Texas, that but I am persuaded that the time is not distant when Whb ile she was as~ a State, wreak and atmost pow- they will be felt in all their force. The excitement which you apprehend, may arise; but it will be termerless in resisting invasion, she was herself irresisti- which you apprehend, may are; ut it ill be emble as an invading and a cpnquering power. She had poary, and in the end, saluary. but a sparse population, and neither men nor money of her own, to raise and equip an army for her own He dodges the Constitutional objections as fol defense, but let her once raise the flag of foreign con- lows: quest-let her once proclaim a crusade against the I,s you know, a strict constructionist of the rich States to the south of her, and in a moment pers of ou federal Government and I do not ad volunteers would flock to her standard in cr~owdsrompowers of our federal Government; and I do not advolunteers would flock to her sa d in mit the force of mere precedent to establish authority all the States n the great valley of the Mssissippi — under written constitutions. The power conferred by men of enterprise and valor, efore whom no Mexican the Constitution over our foreign relations, and the troops could stand for an hour. They would leave repeated acquisitions of territory under it, seem to me their own towns, arm themselves, and travel on their to leave th question open as one of expediency." own cost, and would come up in thousands, to plant "But you anticipate objections with regard to the the lone star of the Texan banner on the Mexican of laver. This is indeed a subject of extreme capitol. They would drive Santa Anna to the South, deltacy, but it s one.on which the annexation of Teand the boundless wealth of captured towns, and rifleda wil ha the most salutary influence. Some have churches, and a lazy, vicious, and luxurious priest- thought that the proposition would endanger our hood, would soon enable Texas to pay her soldiery, Union. I am of a different opinion. I believe it will and redeem her State debt, and push her victorious brin understanding of our relative arms to the very shores of the Pacific. And would a ot a tt n tanin o o lati not all this extend the bounds of Slavery? Yes, the s a gaon result would be, that before another quarter of a cen- In conclusion, he says: tury, the extension of Slavery would not stop short of the Western Ocean. We had but two alternatives be- "Having acquired Louisiana and Florida, we have fore us; either to receive Texas into our fraternity of an interest and a frontier on the Gulf of Mexico, and Slates, and thus make her our own, or to leave her to along our interior to the Pacific, which will not perconquer Mexico, and. become our most dangerous and mit us to close our eyes, or fold our arms, with indifformidable rivad ference to the events which a few years may disclose " To talk of restraining the people of the great Val- in that quarter, We have already had one question ley from emigrating to join her armies, was all in of boundary with Texas; other questions must soon vain; and it was equally vain to calculate on their arise, under our revenue laws, and on other points of defeat by any Mexican forces, aided by England or not. necessary intercourse, which it will be difficult to adThey had gone once already; it was they that conquered just. The institutions of Texas, and her relations Santa Anna at San Jacinto; and three-fourths of Twith other governments, are yet fn that condition which them, after winning that glorious field, had peaceably inclines her people (who are our countrymen,) to unite returned to their homes. But once set before them their destinies wtth ours. THIS MUST EB DONE sOON, the conquest of the rich Mexican provinces, and you OaR OT AT ALL. There are numerous tribes of Indians might as well attempt to stop the wind. This Govern- along both frontiers, which. can easily become the ment might send its troops to the frontier, to turn cause or the instrument of border wars. Our own them back, and they would run over them like a herd population is pressing onward to the Pacific. No of buffalo." power can restrain it. The pioneer from our Atlantio "Nothing could keep these booted loafers from rush- seaboard will soon kindle his fires, and erect his cabin, ing on, till they kicked the Spanish priests out of the beyond the Rocky Mountains, and on the Gulf of temples they profaned." California. If Mahomed comes not to the mounMr. W. proceeded to insist that a majority of the tain, the mountain will go to Mahomed. Every year people of the United States were in favor of the an- adds new difficulties to our progress, as natural and as THE ANNEXATION OF TEXAS. 35 inevitable as the current of the Mississippi. Those speech above referred to, in which he labored a difficulties will soon, like mountains interposed.'- long time to convince Northern philanthropists w n iMake enemies of nations, that they would best promote the objects theylad Which now, like indred drops, in view, by favoring annexation, that they might Might mine io o' have Slavery in Texas within the power and' con"Truly yours. trol of our own government, that they might "THOMAS W. GILMEIR.' abolish it or mitigate its evils, he himself being The impoverished condition of Texas, her ina- an advocate of perpetual Slavery, and among the bility to raise and sustain troops to defend herself very foremost to trample upon the right of petition against invasion for any length of time, and her itself!! want of character and credit abroad, are urged as None can be so blind now, as not to know that reasons for IMMEDIATE ANNEXATION, and the the real design and object of the South is, to "ADIS opinion has been frequently expressed, by those NEW WEIGHT TO HER END OF THE LEVER." It who feel a deep interest in this subject, that it was upon that ground that Mr. Webster placed would take place AT A VERT EARLY DAY IN THE his opposition, in his speech on that subject in NEXT SESSION OF CONGRE88! New-York, in March, 1837. In that speech, after At the present session, the Resolutions of the stating that he saw insurmountable objections to State of Alabama, in favor of annexation, and the annexation of Texas, that the purchase of sundry petitions and remonstrances against it, Louisiana and Florida furnished no precedent for were referred to the Committee on Foreign Rela- it, that the cases were not parallel, and that no tions. A majority of the Committee, consisting such policy or necessity as led to that, required of members from the slaveholding States, refused the annexation of Texas, he said: to consider and report upon the subject, and di- " Gentlemen, we all see, that by whomsoever pos. rected Mr. Adams, their Chairman, to report a sessed, Texas is likely to be a slaveholding country; resolution, asking to be discharged from the fur- and I frankly avow my entire unwillingness to do anyther consideration of the subject, which he did on thing which shall extend the Slavery of the African the 28th day of February. Atthe sametime, Mr. race on this continent, or add other slaveholding Adams asked, as an individual member of the States to the Union. When I say that I regard SlafCommifttee, for leave to present the following very in itself a great moral, social, and political evil, Committee, for leave to present the following v i i a ge which has been adopted by diI only use language which has been adopted by disresolutions. tinguished men, themselves citizens of slaveholding " Resolved, That by the Constitution of the United States. I shall do nothing, therefore, to favor or enStates, no power is delegated to their Congress, or courage its further extension." to any department or departments of their, Government, to affix to this Union any foreign State, or the And again, he said: people thereof.: "In my opinion, the people of the United States " Resolved, That any attempt of the Government will not consent to bring a new, vastly extensive, and of the United States. by an act of Congress, or by slaveholding country, large enough for half a dozen treaty, to annex to this Union the Republic of Texas, or a dozen States, into the Union. IN MY OPINION or the people thereof, would be a violation of the THEY OUGHT NOT TO CONSENT TO IT. Indeed. I am Constitution of the United States, null and void, and altogether at a loss to conceive what possible benefit to which the Free States of this Union, and their peo- any part of this country can expect to derive from ple, ought not to submit." such annexation. All benefit, to any part, is at least doubtful and uncertain, the objections obvious, plain, Obections being made, the resolutions were not and strong. On the general question of Slavery. a received; the Southern members showing a disi- great portion of the community. is already strongly clination to have the subject agitated in the House excited. The subject has not only attracted attenat present. Might it not be considered as savor. tion as a question of politics, but it has struck a ing too much of a violation of private confidence, far deeper-toned cord-it has arrested the religious we could refer to various declarati of persons feeling of the country; it has taken a strong hold high in office in the national government, avow- the consciences of men. e is a rash man, indeed, and little.conversant with human nature, and ing a fixed determination to bring Texas into. the deed, and little conversant with human nature, and ngaxeddetermiatntobng exas intothe especially has he a very erroneous estimate of the Union, declaring that they had assurances of the character of the people of this country, who supaid of the Free States to accomplish the object, poses that a feeling of this kind is to be trifled with, and insisting that they prefer a dissolution of the or despised. It will assuredly cause itself to be reUnion to the rejection of Texas, expressing, how- spected." ever, at the same time, their confidence, that if the annexation could be effected, the people of In conclusion, he said: the Free States would submit to it, and the insti- "I see, therefore, no political necessity for the antutions of the Slave States would be secured and nexation of Texas to the Union; no advantages to perpetuated. Contenting ourselves, however, be derived from it; and objections to it of a strong, witi the above brief glance at some of the most and, in my judgment, decisive character. "Ievidence in relation to the believe it to be for the interest and happiness prominent evidence in relation to the subject, we of the whole Union, to remain as it is, without dimisubmit to you whether the project of annexation nution and without addition. seems to be abandoned, and whether there be not the most imminent danger of its speedy accom- Weholdthatthere is not only "no political neplishment, unless the entire mass of the people in cessity" for it, "no advantages to be derived the Free States become aroused to a conviction of from it," but that there is no constitutional power this danger, and speak out, and act in reference delegated to any department of the national gov. to it, in a manner and with a voice not to be mis- ernment to authorize it; that no act of Congress, understood, either by the people of the Slave or treaty, for annexation, can impose the least States, or their own public servants and Repre- obligation upon the several States of this Union sentatives. to submit to such an unwarrantable act. or to reAlthough perfectly aware that many important ceive into their family and fraternity such misbeand controlling objections to annexation exist gotten and illegitimate progeny. aside from the question of Slavery, we have in We hesitate not to say, that annexation, effectthis address confined ourselves principally to that, ed by any act or proceeding of the Federal Govbecause of its paramount importance, and ernment, or any of its departments, WOULD BE because the advocates of annexation distinctly IDENTICAL WITH DISSOLUTION. It would be a place it upon that groundmost of the specious violation- of our national compact, its objects, arguments and reasons in favor of annexation, designs, and the great elementary principles with which its advocates attempt to gild the pill which entered into its formation, of a character so for Northern palates, are just about as sincere and deep and fundamentaland would be an attempt substantial as were those of Mr. WISE in the to eternize an institution and a power of a nature 86 THE STRUGGLE FOR SLAVERY RESTRICTION. so unjust in themselves, so injurious to the inter- timore Nominating Convention-Mr. Polk ests and abhorrent to the feelingsof the people of being selected in his stead, by a body which the Free States, as, in our opinion, not only in- had been supposed pledged to renominate evitably to result in a dissolution, of the Union but fully to justify it; and we not only assert that the ex-President-excited considerable feelthe people the he Free States " ought not to sub- ing, especially among the Democrats of New mit to it," but we say, with confidence, THEY York. A number of their leaders united in WOULD NOT sUBMIT TO IT. We know their pres- ent temper and spirit on this subject too well to a leter, termed the Secret Circular," adbelieveo for a moment that they would become vising their brethren, while they supported particeps criminis in any such subtle contrivance Polk and Dallas, to bi careful to vote for for the irremediable perpetuation OF AS INSTITC- candidates for Congress who would set their TION, which the wisest and best men who formed facesnn our Federal Constitution, as well from the Slave aceas a fint against annexation. Here is as the Free States, regarded as an evil and a the circular: curse, soon to become extinct under the operation "' SIR-You will, doubtless, agree with us, that of laws to be passed, prohibiting the Slave Trade, the late BaltimoreConvention placed the Demoand the progressive influence of the principles of cratic Party, at the North, in a position of great the Revolution. difficulty. We are constantly reminded that To prevent the success of this nefarious project it rejected Mr. Van Buren, and nominated Mr. -to preserve from such gross violation the Con- Polk, for reasons connected with the immediate stitution of our country, adopted expressly " to annexation of Texas-reasons which had no relasecure the blessings of liberty," and not the per- tion to the principles of the.party. Nor was that petuation of Slavery-and to prevent the speedy all. The Convention went beyond the authority and violent dissolution of the Union-we invite delegated to its members, and adopted a resoluyou to unite, without distinction of party, in an tion on the subject of Texas (a subject not before immediate expression of your views on this sub- the country when they were elected, upon which, ject, in such manner as you may deem best cal- therefore, they were not instructed), which seeks culated to answer the end proposed. to interpolate into the party creed a new docnJOHN QUINCT Y ADAMS, trine, hitherto unknown among us, at war with J OHN. GATSES. -some of our established principles, and abhorrent'WILLIAM SLAIB. to the opinions and feelings of a great majority WILLIAM B. CALHOUN, of Northern freemen. In this position, what was JOSHUA R. GIDDINGS, the party at the North to do? Was it to reject SHEaKLOCK J. ANDREWS, the nominations, and abandon the contest? or NATHANIEL B. BORDEN, should it support the nominations, rejecting the THO'S C. CHIrTENDEN, untenable doctrine interpolated at the ConvenUHRISTOPHBBR MOGAN, tion, and taking care that their support should be JOSHUA M. HOWARD, accompanied by such an expression of their opinVIOTORY BIRDBSYE, ion as to prevent its being misinterpreted? The HILAND HALL. latter alternative has been preferred, and we WAsirINaTON, March 8rd, 188. think wisely; for we conceive that a proper expression of their opinion will save their votes [NoTE.~The above Address was dran up by from misconstruction, and that proper efforts will secure the nomination of such Members of ConHon. Seth M. Gates of New York, at the sugges- gress as will reject the unwarrantable scheme now tion of John Quincy Adams, and sent to Members pressed upon the country. Of Congress at their residences, after the close of "With these views, assuming that you feel on the session, for their signatures. Many more than this subject as we do, we have been desired to the session, for their signatures. Many morethanaddress you, and invite the cooperation of yourthe above approved heartily of its positions and self and other friends throughout the State: objects, and would have signed it, but for its -" lt.-In the publication of ajoint letter, depremature publication, through mistake. M. r yopurpo upportthe nomination, - rejecting the resolutions respecting Texas. Winthrop of Mass. was one of these, with Gov.'2nd.-In promoting and supporting at the Briggs, of course: Mr. Fillmore declined signing next elections the nomination for Congress of it.] such persons as concur in these opinions. " If your views in this matter coincide with -ours, please write to some one of us, and a The letters of Messrs. Clay and Van draught of theproposed letter will be forwarded Buren, taking ground against annexation, forery inatio repectfully without the consent of Mexico, as an act of " " GEOl. P, BARKER, bad faith and aggression, which would ne- WILLIAM C. BRYANT, cessarily result in war, which appeared in DAVID DUDLEY FIELD, the spring of 1844, make slight allusions, if THEODORE SEDGwICK, any, to the Slavery aspect:of the case. In THOMAS W. TUCKER, a later letter, Mr. Clay declared that he did not oppose annexation on account of Slave- Silas Wright, then a Senator of the ry, which he regarded as a temporary institu- United States, and who, as such, had opposed tion, which, therefore, ought not to stand in the Tyler Treaty of Annexation, was now the way of a permanent acquisition. - And, run for Governor, as the only man who though Mr. Clay's last letter on the subject, could carry the State of New York for Polk prior to the election of 1844, reiterated and and Dallas. In a democratic speech at emphasized all his objections to annexation Skaneateles, N. Y., Mr. Wright had recently under the existing circumstances, he did not declared that he could never consent to Aninclude the existence of Slavery. nexation on any terms which would give The defeat of Mr. Van Buren, at the Bal- Slavery an advantage over Freedom. This THE ANNEXATION OF TEXAS. 37 Bentiment was reiterated and amplified in a "Every day will tend to weaken that combi. a great Convention of the Democracy, which nation of political causes which led to the opposition of the measure, and to strengthen the met at Herkimer, in the autumn of this year. ciction that it was not only epedient, but The contest proceeded with great earnest- just and necessary. ness throughout the Free States, the sup- You were right in making the distinction be. porters of Polk and of Birney (the Aboli- tween the interests of France and England in tion candidate for President), fully agreeing reference to Texas-or rather, I should say, the in the assertion that Mr. Clay's position was apparent interests of the two countries. France cannot possibly have any other than commercial equally favorable to Annexation with Mr. interests iidesiring to see her preserve her sepaPolk's. Mr. Birney, in a letter published rate independence, while it is certain that England on the eve of the Election, declared that he looks beyond, to political interests, to which she regarded Mr. Clay's election as more favor- apparently attaches much importance. But, in our opinion. the interest of both against the meaable to Annexation than Mr. Polk's, because, our ap parent the interest l and tha t nthe r sure is more apparent than real; and that neither while equally inclined to fortify and extend, France, England, nor even Mexico herself, has SlaVery, he possessed more ability to influ- any in opposition to it, when the subject is fairly ence Congress in its favor. He says: viewed and considered in its whole extent, and in all its bearings. Thus viewed and considered, "I have no reasons for opposing Mr. Clay on and assuming that peace, the extension of cornpersonal grounds. On the contrary, the inter- merce, and security, are objects of primary policy course we have had has been of the most friendly with them, it may, as it seems to me, be readily character. I oppose his election, because he dis- shown that the policy on the part of those powers believes the great political truths of the Declara- which would acquiesce in a measure so strongly tion of Independence, the foundation of all just desired by both the United States and Texas, for government, and because he repudiates the para- their mutual welfare and safety, as the annexation mount objects of the Union,,the perpetuation of of the latter to the former, would be far more liberty to all. On the same ground, I oppose the promotive of these great objects than that which election of Mr. Polk. But I more deprecate the would attempt to resist it. election of Mr. Clay-because, possessing abili- "It is impossible to cast a look at the map of ties superior to Mr. Polk's, he would proportion- the United States and Texas, and to note the long, ately weaken the influence of those truths on the artificial and inconvenient line which divides minds of our countrymen...them, and to take into consideration the extraor"Respectfully, &c., dinary increase of population and growth of "J AMl G. BIRNEx." the former, and the source from which the latter. ~ ~. ~ must derive its inhabitants, institutions, and ~~~~~.... laws, without coming to the conclusion that it is Before this time, but as yet withheld from, their destiny to be united, and of course, that unkownthis tome, but pulc Mr. Celhro, 1 Annexation is merely a question of time and and unknown to, thepublic, Mr. Calhoun, mode. Thus regarded, the questionto be decided now President Tyler's Secretary of State, would seem to be, whether it would not be better and an early and powerful advocate of An- to permit it to be done now, with the mutual connexation, had addressed to Hon. Wm. R. sent of both parties, and the acquiescence of ing, our Embassador at Paris, these powers, than to attempt to resist and deteat King, our Embassador at Paris, the follow- it. ing official dispatch:' If the former course be adopted, the certaii fruits would be the preservation of peace, great /r. Cahoun to M. King, extension of commerce by the rapid settlement "' DPAaRTENT OF STATS, and improvement of Texas, and increased secuWashzngton, August 12,1844 rity, especially to Mexico. The last, in reference " SIR-I have laid your dispatch, No. 1, before to Mexico, may be doubted; but I hold it not the President, who instructs me to make known less clear than the other two. to you that he has read it with much pleasure, " It would be a great mistake to suppose that especially the portion which relates to your cor- this Government has any hostile feelings toward dial reception by the King, and his assurance of Mexico, or any disposition to aggrandize itself at friendly feelings toward the United States. The her expense. The fact is the very reverse. President, in particular, highly appreciate the " It wishes her well, and desires te see her setdeclaration of the King, that, in no event, would tied down in peace and security; and is prepared, any steps be taken by his government in the in the event of the Annexation of Texas, if not slightest degree hostile, or which would give to forced into conflict with her, to propose to settle the United States just cause of complaint. It with her the question of boundary, and all others was the more gratifying from the fact, that our growing out of the Annexation, on the most libeprevious information was calculated to make the ral terms. Nature herself has clearly marked impression that the government of France was the boundary between her and Texas by natural prepared to unite with Great Britain in a joint limits, too strong to be mistaken. There are few protest against the annexation of Texas, and a countries whose limits are so distinctly marked; Joint effort to induce her Government to with- and it would be our desire, if Texas should be draw the proposition to annex, on condition that united to us, to see them firmly established, as Mexico should be made to acknowledge her in- the most certain means of establishing permanent dependence. He is happy to infer from your peace between the two countries, and strengthendispatch that the information, so far as it relates ing and cementing their friendship. Such would to France, is, in all probability, without founda- be the certain consequence of permitting the Antion. You didsnot go further than you ought, in nexation to take place now, with the acquiescence assuring the King that the object of Annexation of Mexico; but very different would be the case would be pursued with unabated vigor, and in if it should be attempted to resist and defeat it, giving your opinion that a decided majority of whether the attempt should be successful for the the American people were in its tavor, and that present or not. Any attempt of the kind would it would certainly be annexed at no distant day. not improbably, lead to a conflict between us and I feel confident that your anticipation will be Mexico, and involve consequences, in reference fully realized at no distant period, to her and the general peace, long to be deplored 38 THE STRUGGLE FOR SLAVERY RESTRICTION. on both sides, and difficult to be repaired. But, ments, furnishes proof not less conclusive. That should that not be the case, and the interference one of the objects of abolishing it there is to faof another power defeat the Annexation for the cilitate its abolition in the United States, and present, without the interruption of peace, it throughout the continent, is manifest from the would but postpone the conflict, and render it declaration of the Abolition party and societies more fierce and bloody whenever it might occur. both in this country and in England. In fact, " Its defeat would be attributed to enmity and there is good reason to believe that the scheme ambition on the part of that power by whose in- of abolishing it in Texas, with a view to its aboterference it was occasioned, and excite deep jeal- lition in the United States, and over the conti. ousy and resentment on the part of our people, nent, originated with the prominent members of who would be ready to seize the first favorable the party in the United States; and was first opportunity to effect byl force what was prevent- broached by them in the (so called) World's Coned from being done peaceably by mutual con- vention, held in London in the year 1840, and sent. It is not difficult to see how greatly such a through its agency brought to the notice of the conflict,. come when it might, would endanger British Government. the general peace, and how much Mexico might "Now, I hold, not only that France can be the loser by it. have no interest in the consummation of this "In the mean time, the condition of Texas grand scheme. which England hopes to accomwould be rendered uncertain, her settlement and plish through Texas, if she can defeat the Annexprosperity in consequence retarded, and her com- ation, but that her interests, and those of all the merce crippled; while the general peace would Continental powers of E'urope are directly and be rendered much more insecure. It could not deeply opposed to it. but greatly affect us. If the Annexation of Texas "It is too late in the day to contend that hushould be permitted to take place peaceably inanity or philanthropy is the great object of the now, (as it would, without the interference of policy of England in attempting to abolish Afriother powers,) the energies of our people would, can Slavery on this Continent. I do not question for a long. time to come, be directed to the peace- but humanity may have had a considerable able pursuits of redeeming and bringing within influence in abolishing Slavery in her West India the pale of cultivation, improvement, and civil- possessions, aided, indeed, by the fallacious calization, that large portion of the continent lying culation that the labor of the Negroes would be between Mexico on one side and the British at least as profitable, if not more so, in consepossessions on the other, which is now, with lit- quence of the measure. She acted on the princitle exception,a wilderness, with a sparse popula- pie that tropical products can be produced tion, consisting, for the most part, of wandering cheaper by free African labor and East India Indian tribes. labor, than by slave labor. She knew full well " It is our destiny to occupy that vast region; the value of such products to her commerce, navito intersect it with roads and canals; to fill it with gation, navy, manufacturers, revenue, and poweities, towns, villages, and farms; to extend over er. She was not ignorant that the support and it our religion, customs, constitution, and laws, maintenance of her political preponderance det and to present t as apeaceful and splendid addi- pended on her tropical possessions, and had tion to the domains of commerce and civilization. no intention of diminishing their productiveness, It is our. policy to increase by growing and nor any anticipation that such would be the efspreading out into unoccupied regions, assimilat- feet, when the scheme of abolishing Slavery in ing all we incorporate: in a word, to increase by her colonial possessions was adopted. On the accretion, and not through conquest, by the addi- contrary, she calculated to combine philanthrotion of masses held together by the adhesion of py with profit and power, as is not unusual with force. fanaticism. Experience has convinced her of " No system can be more unsuited to the lat- the fallacy of her calculations. She has failed in ter process, or betteradapted to the former, than all her objects. The labor of her Negroes has our admirable federal system. If it should not proved far less productive, without affording the be resisted in its course, it will probably fulfill its consolation of having improved their condition. destiny without disturbing our neighbors1 or "The experiment has turned out to be a costly putting in jeopardy the general peace; but if it one. She expended nearly one hundred millions be opposed by foreign interference, a new direc- of dollars in indemnifying the owners of the emantion would be given to our energy, much less cipated Slaves. It is estimated that the increased favorable to harmony with our neighbors, and to price paid since, by the people of Great Britain, the general peace of the world. for sugar and other tropical productions, in con" The change would be undesirable to us, and sequence of the measure, is equal to half that much less in accordance yvith what I have as- sum; and that twice that amount has been exsumed to be primary objects of policy on the pended in the suppression of the Slave-trade; part of France, England, and Mexico. making together two hundred and fifty millions. But, to descend to particulars: it is certain of dollars as the cost of the experiment. Instead that while England, like France, desires the in- of realizing her hope, the result has been a sad dependence of Texas, with the view to commer- disappointment. Her tropical products have cial connections, it is not less so that, one of the fallen off to a vast amount. Instead of supplying leading motives of England for desiring it, is the her own wants, and those of nearly all Europe hope that, through her diplomacy and infiuence, with them, as formerly, she has now, in some of Negro Slavery may be abolished there, and ulti- the most Important articles, scarcely enough to mately, by consequence, in the United States and supply her own. What is worse, her own colothroughout the whole of this continent. That nies are actually consuming sugar produced by its ultimate abolition throughout the entire conti- Slave-labor, brought direct to England, or refined nent is an object ardently desired by her, we in bond, and exported and sold in her colonies as have decisive proofs in the declaration of the cheap, or cheaper, than can be produced there; Earl of Aberdeen, delivered to this Department, while the Slave-trade, instead of diminishing, has and of which you will find a copy among the been in fact carried on to a greater extent than documents transmitted to Congress with the ever. So disastrous has been the result, that her Texan treaty. That she desires its abolition in fixed capital invested in tropical possessions, estiTexas, and has used her influence and diplomacy mated at the value of nearly five hundred milto effect it there, the same document, with the lions of dollars, is said to stand on the brink of correspondence of this Department with Mr. ruin. Packenham, also to be found among the docu- "But this.is not the worst; while this costly THE ANNEXATION OF TEXAS. 39 scheme has had such ruinous effects on the tropi- stripped her in consequence of her error. In purcal productions of Great Britain, it has given a suit of the former, she has cast her eyes to her powerful stimulus, followed by a corresponding East India possessions-to Central and Eastern increase of products, to those countries which had Africa-with the view of establishing colonies had the good sense to shun her example. There there, and even to restore, substantially, the Slavehas been vested, it has been estimated by them, trade itself, under the specious name of transportin the production of tropical products, since 1808, ing her free laborers from Africa to her West in fixed capital, nearly $4,000,000,000, wholly de- India possessions, in order, if possible, to compete pendent on Slave-labor. In the same period, the successfully with those who have refused to follow value of their products has been estimated to her suicidal policy. But these all afford but unhave risen from about $72.000,000, annually, to certain and distant hopes of recovering her lost nearly $220,000,000; while the whole of the fixed superiority. Her main reliance is on the other capital of Great Britain, vested in cultivating alternative-to cripple or destroy the productions tropical products, both in the East and West of her successful rivals. There is but one way by Indies, is estimated at only about $830,000,000, which it can be done, and that is by abolishing and the value of the products annually at about African Slavery throughout this continent; and $50,000,000. To present a still more striking view that she openly avows to be the constant object of three articles of tropical products (sugar, cofee, of her policy and exertions. It matters not how, and cotton), the British possessions, including the or from what motive, it may be done-whether it East and West Indies, and Mauritius, produced be by diplomacy, influence, or force; by secret or in 1842, of sugar, only 3,993,771 pounds; while open means; and whether the motive be humane Cuba, Brazil, and the United States, excluding or selfish, without regard to manner, means, or other countries having tropical possessions, pro- motive. The thing itself, should it be accomduced 9,600,000 pounds; of coffee, the British plished, would put down all rivalry, and give her possessions produced only 27,393,003 pounds, the undisputed supremacy in supplying her own while Cuba and Brazil produced 201,590,125 wants, and those of the rest of the world; and pounds; and of cotton, the British possessions, thereby more than fully retrieve what she lost by including shipments to China, only 137,443,446 her errors. It would give her the monopoly of pounds, while the United States alone produced tropical productions, which I shall next proceed 790,479,275 pounds. to show. " The above facts and estimate have all been "What would be the consequence if this object drawn from a British periodical of high standing of her unceasing solicitude and exertions should and authority,* and are believed to be entitled to be effected by the abolition of Negro Slavery credit. throughout this continent, some idea may be " The vast increase of the capital and produe- formed from the immense diminution of production on the part of those nations, who have con- tions, as has been shown, which has followed tinned their former policy toward the negro race, abolition in her West India possessions. But, as compared with that of Great Britain, indicates a great as that has been, it is nothing compared corresponding relative increase of the means of with what would be the effect, if she should succommerce, navigation, manufactures, wealth, ceed in abolishing Slavery in the United States, ind power. It is no longer a question of doubt, Cuba, Brazil, and throughout this continent. The that the great source of wealth, prosperity, and experiment in her own colonies was made under power of more civilized nations of the term- the most favorable circumstances. It was brought perate zone (especially Europe, where the arts about gradually and peaceably by the steady and have made tie greatest advance), depends, in a firm operation of the parent country, armed with great degree, on the exchange of their products complete power to prevent or crush at once all with those of the tropical regions. So great has insurrectionary movements on the part of the been the advance made in the arts, both chemical negroes, and able and disposed to maintain to the and mechanical, within the few last generations, full, the political and social ascendancy of the that all the old civilized nations can, with'but a former Masters over their former Slaves. It is not small part of their labor and capital, supply their at all wonderful that the change of the relations respective wants; which tends to limit, within of Master and Slave took place, under such cirnarrow bounds, the amount of the commerce be- cumstances, without violence and bloodshed, and tween them, and forces them all to seel for mar- that order and peace should have been since pre kets in the tropical regions, and the more newly- served. Very different would be the result of settled portions of the globe. Those who can abolition, should it be effected by her influence best succeed in comman ing those markets, have and exertions in the possessions of other countries the least prospect of outstripping the others in the on this continent-and especially in the United career of commerce, navigation, manufactur States, Cuba, and Brazil, the great cultivators of wealth, and power.. the principal tropical products of America. To This is seen and felt by British statesmen, and form a correct conception of what would be the has opened their eyes to the errors which they result with them, we must look, not to Jamaica, have committed. The question now with them but to St. Domingo, for example. The change is, how shall it be counteracted? What has been would be followed by unforgiving hate between done cannot be undone. The question is, by the two races, and end in a bloody and deadly what means can Great Britain regain and keep a struggle between them for the superiority. One superiority in tropical cultivation, commerce, and or the other would have to be subjugated, extirinfluence? Or, shall that be abandoned, and pated, or expelled; and desolation would overother nations be suffered to acquire the supremacy, spread their territories, as in St. Domingo, from even to the extent of supplying British markets, which it would take centuries to recover. The to the destruction of the capital already vested in end would be, that the superiority in cultivating their production? These are the questions which the great tropical staples would be transferred now profoundly occupy the attention of her states- from them to the British tropical possessions. men, and have the greatest influence over her " They are of vast extent, and those beyond the councils. Cape of Good Hope, possessed of an unlimited In order to regain her superiority, she not only amount of labor, standing ready, by the aid of seeks to revive and increase her own capacity to British capital, to supply the deficit which produce tropical productions, but to diminish and would be occasioned by destroying the tropical destroy the capacity of those who have so far out- productions of the United States, Cuba, Brazil, and other countries cultivated by Slave-labor on this continent, as soon as the increased prices, * Blackwood's Magazine for June, 1841 in consequence, would yield a profit. It is the 40 THE STRUGGLE FOR SLAVERY RESTRICTION. successful corn etition of that labor which keeps "Dismissing, then, the stale and unfounded plea the prices of the great tropical staples so low as of philanthropy, can it be that France and the to prevent their cultivation with profit in the other great continental powers-seeing what must possessions of Great Britain, by what she is be the result of the policy, for the accomplishpleased to call free-labor. ment of which England is constantly exerting "' If she can destroy its competition, she would herself, and that the defeat of the Annexation of have a monopoly of these productions. She has Texan is so important towards its consummation all the means of furnishing an unlimited supply -are prepared to back or countenance her in her -vast and fertile possessions in both Indies, efforts to produceeither? What possible motives boundless command of capital and labor, and can they have to favor her cherished policy? Is ample power to suppress disturbances and pre- it not better for them that they should be supserve order throughout her wide domain. plied with tropical products in exchange for' It is unquestionable that she regards the their labor from the United States, Brazil, Cuba, abolition of Slavery in Texas as a most import- and this continent generally, than to be dependant step toward this great obect of policy, so ent on one great monopolizing power for their much the aim of her solicitude and exertions; supply? Is it not better that they should receive and the defeat of the Annexation of Texas to our them at the low prices which competition, cheapUnion as indispensable to the abolition of Sla- er means of production, and nearness of market, very there. She is too sagacious not to see what would furnish them by the former, than to give a fatal blow it would give to Slavery in the the high prices which monopoly, dear labor, and United States, and how certainly its abolition great distance from market would impose? Is with us will abolish it over the whole continent, it not better that their labor should be exchanged and thereby give her a monopoly in the produc- with a new continent, rapidly increasing in poputions of the great tropical staples, and the com- lation and capacity for consuming, and whic.: mand of the commerce, navigation, and manu would furnish, in the course of a few genera faetures of the world, with an established naval tions, a market nearer to them, and almost oI ascendancy and political preponderance. To unlimited extent, far the products of their indus this continent, the blow would be calamitous be- try and arts, than with old and distant regions, yond description. It would destroy, in a great whoee population has long since reached its measure, the cultivation and productions of the growth? great tropical staples, amounting annually in "The above contains those enlarged views of value to nearly $300,000,000, the fund which policy which, it seems to me, an enlightened Eustimulates and upholds almost ever other branch ropean statesman ought to take, in making up of its industry, commerce, navigation, and manu- his opinion on the subject of the Annexation of faotures. The whole, by their jointinfluence, are Texas, and the grounds, as it may be inferred, rapidly spreading population, wealth, improve- on which England vainly opposes it. They cerment and civilization over the Whole continent. tainly involve considerations of the deepest imand vivifying, by their overflow, the industry of portance, and demanding the greatest attention. Europe, thereby increasing its population, wealth, Viewed in connection with them, the question of and advancement in the arts, in power, and in Annexation becomes one of the first magnitude, civilization. not only to Texas and the United States, but to "Such must be the result, should Great Britain this continent and Europe. They are presented, succeed in accomplishing the constant object of that you may use them on all suitable occasions her desire and exertions-the abolition of Negro where you think they may be with effect, in your Slavery over this continent-and towards the ef- correspondence, where it can be done with profecting of which she regards the defeat of the priety or otherwise. The President relies with Annexation of Texas to our Union so important. confidence on your sagacity, prudence, and zeal "Can it be possible that governments so en- Your mission is one of the first magnitude at all lightened and sagacious as those of Franc6 and times, but especially now; and he feels assured the other great continental powers, can be so that nothing will be left undone on your part to blinded by the plea of philanthropy as not to see do justice to the country and the Government in What must inevitably follow, be her motive what reference to this measure. it may, should she succeed in her object? It is " I have said nothing as to our right of treaty little short of mockery to talk of philanthropy, with Texas, without consulting Mexico. You so with the example before us of the effects of abol- fully understad the grounds on which we rest ishing Negro Slavery in her own colonies, in St. our right, and are so familiar with all the facts Domingo, and in the Northern States of our necessary.to maintain them, that it was thought Union, where statistical facts, not to be shaken, unnecessary to add anything in reference to it. prove that the free Negro, after the experience of "I am, Sir, very respectfully, sixty years, is in a far worse condition than in the " Your obedient Servant, Other States, where he has been left in his former "J. C. CALHOUN." condition. No: the effect of what is called abo- "WILLIAM B. KIxa, Esq,, &c., &C." lition, where the number is few, is not to raise n f am Pl Pr the inferior race to the condition of freemen, but he election of James K. Polk as Presito deprive the Negro of the guardian care of his dent, and George M. Dallas as Vice-Presiowner, subject to all the depression and oppres- dent, (Nov. 1844) having virtually settled, sion belonging to his inferior condition. But, on affirmativel, the question of annexing Texthe other hand, where the number is great, and the XX Ith Cogress commenced bears a large proportion to the whole population,gress comence it would be stillworse. It would be to substitute its second session at Washington on the 2nd for the existing relation a deadly strife between of December, 1844-Mr. John Tyler being the two races, to end in the subjection, expulsion, still acting President up to the end of the Conor extirpation of one or the other; and such rss March 4th followin would be the case over the greater part of this greS, ollin continent where Negro Slavery exists. It would Dec. 19. Mr. John B. Weller, (then memnot end there; but would, in all probability, ex- her from Ohio, now Senator from California) tend, by its example, the war of races over all by leave, introduced a joint resolution, No. South America, including Mexico, and extending 51, providing for the annexation of Texas to to the Indian as well as the African race, and he t -make the whole one scene of blood and devasta- the United States, which he moved to the tion. Committee of the Whole. THE ANNEXATION OF TEXAS. 41 Mr. E. S. Hamlin of Ohio moved a re- Yeas-All the Whigs and most of the ference of said resolve to a committee of Democrats from the Free States, with Messrs. one from each State, with instructions to re- Duncan L. Clinch and Alex. H. Stephens port to the House, of Georgia, and Geo. W. Summers of Va. "1st. Whether Congress has any constitutional Nays —All the members from Slave power to annex a foreign, independent nation to States, except the above, with the following this Government; and if so, by what article and from Free States: section of the Constitution it is conferred; whether it is among the powers expressly granted, or MAINE. —Sheppard Cary-1. among those which are implied; whether it is ne- NIw-HAMPSHIRE.-Edmund Bnrke, Moses cessary to carry into effect any expressly-granted Norris, jr —2. power; and if so, which one. NEw-YoRK. —James G. Clinton, Selah B. " 2d. Whether annexation of Texas would not Strong-2. extend and perpetuate Slavery in the Slave States, PENNSYLVANIA.-James Black, Richard Brodand also, the internal slave-trade; and whether head, Henry D. Foster, Joseph R. Ingersoll, the United States Government has any constitu- Michael H. Jenks —5. tional power over Slavery in the States, either to OHxO.-Joseph J. McDowell —. perpetuate it there, or to do it away.. INDIANA.-William J. Brown, John W. Davis, "3d. Whether the United States having ac- John Pettit-3. knowledged the independence of Texa, Mexico ILLINOIS.-Orlando B. Ficklin, Joseph P. is thereby deprived o her right to reconquer that Hoge, Robert Smith-3. province. " 4th. That they report whether Texa is owing Total Democrats from Free States, 17. any debts or not; and, if she is, what is the. lth.-Mr. C. J. Ingersoll of Pa amount, and to whom payable; and Whether, if from the 1 she should be annexed to the United States, the Committee on Foregn Affairs, r United States Government would be bound to ported a Joint, Resolution for annexing pay them all. Texas to the Union, which was committed "5th. That they report what treaties are in ex- and discussed in Committee of the Whole istence between Texas and foreign governments; from time to time t t and, if she should be annexed to the United States, me through the whether the United States Government would be month. bound, by the law of nations, to fulfill those Jan. 7th.-Mr. J. P. Hale presented retreaties." solves of the Legislature of New Hampshire, The question on commitment was insisted thoroughly in favor of Annexation, and silent on the subject of Slavery, except as upon, and first taken-Yeas, 109 (Demo- fllow crats); Nays, 61 (Whigs); whereupon it was held that Mr. Hamlin's amendment was de- "Resolved, That we agree with Mr. Clay, that feated, and the original proposition alone the re-annexation of Texas will add more Free ^rn~~committedU~ ~than Slave States to the Union; and that it would committed. be unwise to refuse a permanent acquisition, Jan. 10th, 1845. Mr. John P. Hale, N. which will exist as long as the globe remains, H., (then a Democratic Representative, now on account of a temporary institution." a Republican Senator) proposed the following as an amendment to'any act or resolve Ja. th Mr. Cave Johnson of Tenn. contemplating the-annexation of Texas to moved that all further debate on this sub. this Tnion: jeet be closed at 2 P. M. on Thursday next. Carried-Yeas, 126; Nays, 57; (nearly all " Praovided, That immediately after the ques- theNays from Slave States). tion of boundary between the United States of ay rom ave tatesJ. America and Mexico shall have been definitively Jan. 25th.-The debate, after an exten. settled by the two governments, and before any sion of time, was at length brought to a State formed out of the territory of Texas shall be close, and the Joint Resolution taken out of admittedinto the Union, the said territoryofTexas Committee, and reported to the House in the shall be divided as follows, to wit: beginning at form; (tha portion relating to a point on the Gulf of:Mexico, midway between following form; (that portion relating to the Northern;and Southern boundaries thereof on Slavery, having been added in Committee, the coast; and thence by a -line running in a on motion of Mr. Milton Brown (Whig) of northwesterly direction to the extreme boundary Tennessee: thereof, so as to divide the same as nearly as possible into two equal parts, and in that portion of "Resolved, by the Seate and House of Rep. said territory lying soth and westof theline to be resentatives in Congress assembled, That Conrun as aforesaid, there shall be neither Slavery gress doth consent that the Territory properly nor involuntary servitude, otherwise than in the included within, and rightfully belonging to, the punishment of crimes, whereof the party shall Republic of Texas, may be erected into a new have been duly convicted. State, to be called the State of Texas, with a "And provided further, That this provision republican form ot government, to be adopted shall be considered as a compact between the peo- by the people of said republic, by deputies in pie of the United States and the people of the convention assembled, with the consent of the said territory, and forever remain unalterable, existing government, in order that the same may unless by the consent of three-fourths of the States be admitted as one of the States of this Union. of the Union." "2. And be it further resolved, That the foregoing consent of Congress is given upon the folMr. Hale asked a suspension of the rules, lowing conditions, and with the following guaran. to enable him to offer it now, and have it tees, to wit: printed and committed. Refused-Yeas, 92, "First. Said State to be formed, subject to the inted ancomm efused-Yeas, 92,adjustment by this Government of all questions Inot two-thirds;) Nays, 81. of boundary that may arise with other govern. 42 THE STRUGGLE FOR SLAVERY RESTIICTION. ments; and the Constitution thereof, with the Yeas, all the Democrats from Slave States, proper evidence of its adoption by the people of all the Democrat from Free States exsaid Republic of Texas, shall be transmitted to e Fi e a e the President of the United States, to be laid cept as below; with Messrs. Duncan L. before Congress for its final action, on or before Clinch, Milton Brown, James Dellet, Wilthe let day of January, 1846. loughby Newton, of Va. (who therefrom "Second. Said State, when admitted into the turned Democrat), and Alex. H. Stephens Union, after ceding to the United States all pub- of Ga. (now Democrat), from Slave States. lie edifices, fortifications, barracks, ports, and Nays the Wtaes harbors, navy and navy-yards, docks, magazines, Nays, all the Whigs from Free States; arms, armaments, and all other property and all those from Slave States except as above; means pertaining to the public defense, belong- with the following Democrats from Free ing to the said Republic of Texas, shall retain State, v all the public funds, debts, taxes, and dues of z every kind which may belong to, or be due MAINE.-HannibalHamlin-l or owing said republic; and shall also retain NEW-HAMPIR P. Hale, John. all the vacant and unappropriated lands lying Reding-2. within its limits, to be applied to the payment VERMONT. PaUl Dillingham, jr-I. of the debts and liabilities of said Republic of CONNECTICUT.-GeorgeS. Catlin-i Texas; and the residue of said lands, after dis- NEYO JoepH.Anderson, Charles S charging said debts and liabilities, to be disposed Benton, Levi D. Carpenter. Jeremiah E. Carey, of as said State may direct; but in no event masa Dana, Richard D. Davia, Byram Green are said debts and liabilities to become a charge Preston King, Smith M. Purdy, George Rathbun, upon the United States. upon the United States. of onenentsie, Lemuel Stetson,.Horace Wheaton, David L. "Third. New States of convenient size, not se mour 1 4 exceeding four in number, in addition to said HIO.-Henry St. John-1 State of Texas, and having sufficient population, MICHIGAN.-James B. Hunt, Robert MeClelmay hereafter, by the consent of said State, be land-2 formed out of the Territory thereof, which shall be entitled to admission under the provisions of Total Democrats from Free States 23. the Federal Constitution. And such States as may be formed out of that portion of said Terri- So the resolve passed the House, and was tory, lying south of thirty-six degrees thirty sent to the Senate for concurrence. minutes north latitude, commonly known as the In Senate, several attempts to originate Missouri Compromise line, shall be admitted into action in favor of Annexation were made the Union, with orwithout Slavery, as the people of each State asking admission may desire; and at this sesson, but nothing came of them. in such State or States as shall be formed out of Feb. 24th. The joint resolution aforesaid said Territory, north, of said Missouri Compro- from the House was taken up for consideramise line, Slavery or involuntary servitude (ex- tion by 30 Yeas to 11 Nays (all Northern oept for crime) shall be prohibited."... ept for crime shall be prohibi." Whigs). On the 27th, Mr. Walker of Wis. Mr. Cave Johnson of Tenn. moved the moved to add an alternative proposition, previous question, which the House seconded contemplating negotiation as the means of -Yeas 113; Nays 106-and then the effecting the meditated end. amendment aforesaid was agreed to-Yeas Mr. Foster (Whig) of Tenn. proposed the 118; Nays 101. - following: Yeas, 114 Democrats, and Messrs. Milton And provided frther, That in fixing the Brown of Tenn., James Dellet of Ala., and terms and conditions of such admission, it shall Duncan L. Clinch and Alex. H. Stephens be expressly stipulated and declared, that the of Ga. (4), Southern Whigs. State of Texas, and such other States as may be Nays, all theWhigs present from' Free formed out of that portion of the present Territory a t aes, ^ ^alfo,higs Staese, butm thee ofTexas lying south of thirty-six deg. thirty min. States, with: all from Slave States, but the north latitude, commonly known as the Missouri four just named; with the following Demo- Compromise line, sball be admitted into the crats from Free States: Union with or without Slavery, as the people of each State, so hereafter asking admission, may MAINE..-Robert P. Dunlap, Hannibal Hamlin desire: And provided furthermore, That it shall ~2. be also stipulated and declared, that the public VERMONT.-Paul Dillingham, jr. —. debt of Texas shall in no event become a charge Nxw-HAMPSHIRE.-John P. Hale-I. upon the government of the United States." CONNECTICUT.-George S. Catlin-1. NEW-YoRK.-Joseph H. Anderson, Charles S. The question was first taken on the first Benton, Jeremiah E. Care, Amasa Dana, Rich- (Slavery) proviso of the foregoing, which ard D. Davis, Bsram reen, Preston KJind' ays, as Smith M. Purdy, George Rathbun, Orville Ro was defeated, by Yeas and Nays, as folinson, David L. Seymour, Lemuel Stetson-12. lows: OHio.-Jacob Brinckerhoff, William C. MIcCauslen, Joseph Morris, Henry St. John-4. YEAS-For the Slavery Proviso: MIcHIGAN.-James B. Hunt, Robert McClel- Messrs. Archer, Va. Jarnagin, Tenn. Ia~d^-~ Barrow, La. Johnson, La. Total Democrats from Free States, 23. Bayard, Del. Mangum, N. C. it Whs from Free and Slave Berrien, Ga. Merrick, Md. Whigs from Free and Slave Clayton, Del. Morehead, Ky. States, 78. Crittenden, Ky. Pearce, Md. The House then ordered the whole propo- Foster, Tenn. Phelps, Vt. sition to a third reading forthwith-Yeas Hannegan, Ind. Rives, Va. 120; Nays 97-and passed it by Yeas 120; Huer,. C. eier, Ark-1 Nays 98. All Whigs but three (in Italics). THE ANNEXATION OF TEXAS. 43 NA YS-Against the Slavery Proviso: Choate of Mass. Miller of N. J. Messrs. Allen, Ohio. Francis, RC 1. Crittenden of Ky. Phelps of Vt. M.Alshlen, Ar. Francwis, RN.. Dayton of N. J. Upham of Vt. Ashley, ArkO. HHaywoode, MN.. CWoodbridge of Mich.-11 (all Whigs). Atchison, Mo. Henderson, Miss. Atherton, N.H. Huntington, Conn. NAYS-Against Mr. Miller's Substitute; Bagby, Ala. Lewis, Ala.. Bates, Mass. McDuffie, S. C. Messrs. Allen, Ohio. Haywood, N. C. Benton, Mo. Miller, N. Y. Ashley, Ark. Henderson, Miss. Breese, Ind. Niles, Conn. Atchison, Mo. Huger, S C. Buchanan, Pa. Porter, La. Atherton, N. H. Jarnagin, Tenn. Choate, Mass. Semple, ll. Bagby, Ala. Johnson. La. Colquitt, Ga. Sturgeon, Pa. Barrow, La Lewis, Ala. Dayton, N. J. Tappan, Ohio. Benton, Mo. McDuffie, S. C. Dickinson, N.Y. Upham, Vt. Breese, Ind. Merrick, Md. Dix, N. Y. Walker Wis. Buchanan, Pa. Niles, Conn. Evans, Me. White, Ind.Clayton, Del. Pearce, Md. Fairfield, Me. Woodbridge, Mich.Colquitt, Ga. Rives, a. Woodbury, N. H.-34. Dickinson, N. Y. Semple, 111. Dix, N. Y: Sevier, Ark. The other branch of the amendment was airfield, Me. Sturgeon. P Foster, Tenn. Tappan, Ohio. voted down. Yeas, 20 (Whigs); Nays, 31 Hannegan, Ind. Walker, Wis. (25 Democrats and 6 Whigs). Woodbury, N. H.-33. Various amendments were proposed and The Walker amendment aforesaid was car voted down. Among them, Mr. Foster, of eas 2 to Nays 25, as follows: Tenn., moved an express stipulation that Slavery should be tolerated in all States YEAS-For Walker's Amendment: formed out of the Territory of Texas, south Messrs. Allen, Haywood, of the Missouri line of 36~ 30'. Rejected- Ashley, Henderson Yeas, 16 (Southern Whigs, and Sevier of Atchison, Huger, Arkansas); Nays, 33. Atherton, Johnson, Mr. Miller, of N.J., moved to strike out Bagby, Lewis, Benton, McDuffie, all after the enacting clause, and insert: Breese, Merrick, "That the President of the United States be, Buchanan, Niles, and he hereby is, authorized and advised to open Coluitts, Semple, negotiations with Mexico and Texas, for the ad- Dick, Stuevier, justment of boundaries, and the annexation of Farfied rgeo, the latter to the United States, on the following Fairfield, Tapan, basis, to wit: Hannegan. Walker, basis, to wit:. "I. The boundary of the annexed territory to Woodbury-27. be in the desert prairie west of the Nueces, and NAYS-Against Walker's Amendment along the highlands and mountain heights whichgainst Walkers ndment divide the waters of the Mississippi from the Messrs. Archer, Huntington, waters of the Rio del Norte, and to latitude forty- Barrow, Jarnagn, two degrees north. Bates, Mangum, "II. The people of Texas, by a legislative act, Bayard, Miller, or by any authentic act which shows the will of Berrien, Morehead, the majority, to express their assent to said an- Choate, Pearce, nexation. Clayton, Phelps, "III. A State to be called' the State of Texas,' Crittenden, Porter, with boundaries fixed by herself, and an extent Dayton, Rives, not exceeding the largest State of the Union, be Evans, Simmons, admitted into the Union, by virtue of this act, on Foster, Upham, an equal footing with the original States. Francis, Whte, " IV. The remainder of the annexed territory, Woodbridge-25. to be held and disposed of by the United States as one of their Territories, to be called'the The resolution as thus amended was adopt. Southwest Territory.' ed (Feb. 27,) by Yeas and Nays as follows: "V. The existence of Slavery to be forever prohibited in the northern and northwestern part YEAS-For the Proposition as amended: of said Territory, west of the 100th degree of lati- Messrs. Allen, Haywood tude west from Greenwich, so as to divide, as Alen aywood, equally as may be, the whole of the annexed Ah, Her country between slaveholding and non-slave- Atherton Johnson holding States.therton, nson " VI. The assent of Mexico to be obtained by agby, Lewis,. treaty to such annexation and boundary, or to Benton, Dufie, be dispensed with when the Congress of the Brhana, Merric United States may deem such assent to be unne-Colquitt, Semple cessury. Dickinson, Sevwer, "VII. Other details of the annexation to be Dickinsn, Sturge adjusted by treaty, so far as the same may come Fairfield, Tapn, within the scope of the treaty-making power." Hannegan, Walker Rejected by the following vote: Woodbury-26. YEAS-For Mr. Miller's Substitute: [Yeas-All Democrats but three in italics Messrs. Archer of Va. Evans of Me. of whom Messrs. Henderson and Merrick Berrien of Ga. Francis of R. I. have since been Democrats.] 44 THE STRUGGLE FOR SLAVERY RESTRICTION. KAYS —Against the proposed Annexation: South of thirty-six degrees thirty minutes north s~~~~* ~latitude, commonly known as the Missouri ComMessrs. Archer, Huntington, promise line, shall be admitted into the Union Barrow, Jarnagin, with or without Slavery, as the people of each Bates, Mangum, State asking admission may desire. And in such Bayard, Miller, State or States as shall be formed out of said ter Berrien, Morehead, ritory north of said Missouri Compromise line, Choate, Pearce, Slavery or involuntary servitude (except for Clayton, Phelps, crime) shall be prohibited. Crittenden, Porter, Dayton, Rives, [WALKER'S AMEDMENT —ADDED.] Evans, Simmons, "And be it further resolved, That if the PresiFoster, Upham, dent of the United States shall, in his judgment Francis, White, and discretion, deem it most advisable, instead Woodbridge-25-[all Whigs]. of proceeding to submit the foregoing resolution to the republic of Texas, as an overture on The joint resolve being thus returned to the part of the United States, for admission, to the House as amended by the Senate, a vote negotiate with that Republic; then, was almost immediately taken on concurring, "Be it resolved, That a State to be formed out and the amendment of the Senate was assent- of the present Republic of Texas, with suitable extent and boundaries, and with two representaed to-Yeas, 134; Nays, 77. [A strict par- tives in Congress, until the next apportionment ty vote, except that Mr. Dellet of Alabama, of representation, shall be admitted into the (Whig) voted in the majority]. So the An- Union by virtue of this act, on an equal footing nexation of Texas was decreed, and in the with the existing States, as soon as the terms an...i. terms *conditions of such admission, and the cession following terms: of the remaining Texan territory to the United States, shall be agreed upon by the Governments JOINT RESOLtUTION FOR ANNEXING TEXAS TO of Texas and the United States. THE UNITED STATES. "And beit further enacted, That the sum of one hundred thousand dollars be, and the same'Resolved, by the Senate and House of Rep- is hereby, appropriated to defray the expenses resentatives of the United States in Congress of missions and negotiations, to agree upon the assembled, That Congress doth consent that the terms of said admission and cession, either by territory properly included within, ad rightfully treaty to be submitted to the Senate, or by artibelongmg to, the Republic of Texas, may be cles to be submitted to the two Houses of Conerected into a new State, to -bcalled the State gress, a the President may direct. of Texas,with aRepublican form of government, Approved, March 2, 1845." to be adopted by the people of sid Republi, by deputies in convention assembled, with the consent of the eisting government, in rder that the XI. same may be admitted as one of the States of this Union. THE WILMOT PROVISO. " SEC. 2. And be it further resolved, That the foregoing consent of Congress is given upon the TEXAS having been annexed during the following conditions, and with the Tollowing guar- summer of 1845, in pursuance of the foregoantics, to wit: ing joint resolution of the two Houses of "First. Said State to be formed, subject to the Conress, a portion o the United tates adjustment by this Government of all questions Army, under Gen. Taylor, was, early in the of boundary that may arise with other Govern- Spring of 1846, moved down to the east ments; and the constitution thereof, with the bank of the Rio Grande del Norte, claimproper evidence of its adoption by the people of e by Texas a her Western boundary but said Republic of Texas, siall be transmitted to T a h W b t the President of the United States, to be laid be- not s regarded by Mexico. A hostile colfore Congress for its final action, on or before the lision ensued, resulting in war between the first day of'January, one thousand eight hun- United States and Mexico.,dred and forty-six. a dred and forty-ix... It was early thereafter deemed advisable "Second. Said State, when admitted into theeafter deed avi Union, after ceding to the United States all pub- that a considerable sum should be placed by lie edifices, fortifications, barracks, ports, and Congress at the President's disposal, to neharbors, navy and navy-yards, docks, magazines, gotiate an advantageous Treaty of Peace arW, armaments, and all other property and and Limits with the Mexican government. mbauns pertaining to the public defense, belong- A esage to this fect was submitted by ing to the said Republic of Texas, shall retain allect was submitted by the public fands, debts. taxes, and dues of every President Polk to Congress, August 8th, kind which may belmgto, or be due or owing said 1846, and a bill in accordance with its sugRepublic; and shall also retain all the vacant or gestions laid before the House, which prounappropriated lands lying within its limits, to be ceeded to consider the subject in Committee applied tothe payment of the debts and liabilities of said Republia of Texas; and the residue of of the Whole. The bill appropriating $30,000 said lands, after discharging said debts and lia- for immediate use in negotiations with Mexibilities, to become a charge upon the United co, and placing $2,000,000 more at the disStates. posal of the President to be employed in Third. New States of convenient size, not ol of te Pr t, to e e d exceeding four in number, in addition to the said making peace, Mr. David Wilmot, of Pa., State of Texas, and havingsufficient population, after consultation with other Northern Demomay hereafter, by the consent of said State, be crats, offered the following Proviso, in ad. formed out of the territory thereof, which shall be dition to the first section of the bill: entitled to admission under the provision of the Federal Constitution; and such States ds may be "Provided, That as an express and fundament formed out of that portion of said territory lying al condition to the acquisition of any territory THE WILMOT PROVISO. 45 from the Republic of Mexico by the United States, Mr. R. Brodhead of Penn. moved that this by virtue of any treaty which may be negotiated resolution lie on the table. tarried; Yeas, between them, and to the use by the Executive Nas of the moneys herein appropriated, neither 10; Nays,93. Slavery nor involuntary servitude shall ever ex- [Yeas-all the members from Slave States, ist in any part of said territory, except for crime, but John W. Houston (Whig), of Delaware, whereof the party shall first be duly convicted." with the following from Free States (all This proviso was carried in Committee, Democrats but Levin): by the strong vote of eighty-three to sixty- MAINE.-Asa W.. Clapp, Franklin Clark, Jas. four-only three Members (Democrats) from S. Wiley, Hezekiah Williams4. the Free States, it was said, opposing it. NEW-xYRK.-Ausburn Birdsall, David S. Jack[No record is made of individual votes in son, Frederick W. Lord, William B. Maclay-4. Committee of the Whole.] The bill was PENNSYLVANA.-Richard Brodhead, Charles.then reported to the Hou, and Mr. Rath-l Brown, Lewis C. Levin, Job Mann-4.. then reported to the H.ouse, and M r. Rath- OHIo.-William Kennon, jr., John K. Miller. bun of N. Y. moved the previous question Thomas Richey, William Sawyer-4. on its engrossment. INDIANA. - Charles W. Cathcart, Thomas J. AMr. Tibbatts of Ky. moved that it do Henley, John Petitt, John L. Robinson, William lie on the table. Defeated - Yeas 79; W. Wick-5. lie on the table. Defeated —Yeas 79; ILLINIOs- -Orlando B. Ficklin, John A. Mc[Stephen A. Douglas, John A. McCler- Clernand, William A. Richardson, Robert Smith, nand, John Pettit, and Robert C. Schenck, Thomas J. Turner-5. voting with the South to lay on the table]; Nays-all the Whigs and a large majority Nays 93; [Henry Grider and William. of the Democrats from Free States, with Thomasson of Ky. (Whigs) voting with the John W. Houston aforesaid. North against it. This vote terminated all direct action in The bill was then engrossed for its third favor of the Wilmot proviso for that Sesreading by Yeas 85, Nays 80; and thus sion. passed without further division. A motion July 18th.-In Senate, Mr. Clayton of to reconsider was laid on the table-Yeas Del., from the Select Committee to which 71; Nays 83. So the bill was passed ad was referred, on the 12th inst., the bill prosent to the Senate, where Mr. Dixon H. viding a territorial government for Oregon, Lewis of Ala. smoved that the Proviso reported a bill to establish Territorial govabove cited be stricken out; on which de- ernments for Oregon, New Mexico, and Calibate arose, and Mr. John Davis of Mass. fornia, which was read. [It proposed to was speaking when, at noon of August 10th, submit all questions as to the rightful existthe time fixed for adjournment having ar- ence or extent of Slavery in the Territories rived, both Houses adjourned without day. to the decision of the Supreme Court of the [NOTE.-We do not give the Yeas and Nays United States.] on the div.isions just above, the House having July 24th.-Second reading. Mr. BaldXon~ t~ dwin of Conn. moved to strike out so much been quite thin when they were taken, and some w f Cn mv t s o sm been quite thin when they were taken, and some 6f said bill as relates to California and New Northern Members voting with the South from Mexico. Rejected; Yeas, 17 (Northern hostility to the whole project of buying either Free Soil men of both parties) Nays, 37. peace or territory. Generally, however, the vote The bill was discussed through several ran much as former divisions would lead one to succeeding days. On the 26th, Mr. Clarke exfect. Mr. Stephen A. Douglas, and some of R. I. moved to add to the 6th section: other friends of the original bill, voted against it Pro d, X_ ^ ^ ^-r,' Provided, howtever, That no law, regulation, or at every stage after the Proviso was added.] act of the provisional government of said Territory permitting Slavery or involuntary servitude thereThe XXXth Congress assembled Dec. 6, inshall be valid, until the same shall be approved 1847. by Congress." Feb. 28th, 1848, Mr. Putnam of N. York Rejected; Yeas, 19 [Col. Benton, and moved the following: 18 Northern Freesoilers of both parties]; "Whereas, In the settlement of the difficulties Nays, 33. pending between this country and Mexico, terri- Mr. Reverdy Johnson of Md. moved to tory may be acquired in which Slavery does not amend the bill by insertingAnd hereas Congress, in the orgaiztion Except only, that all ases of title to Slaves, "And whereas, Congress, in the organization "Except only, that in all cases of title to Slaves, of a territorial government, at an early period of the said writs of error or appeals shall be allowed our political history, established a principle worthy and decided by the said Supreme Court without of imitation in all future time, forbidding the ex- regard to the value of the matter, property, or istence of Slavery in free territory; Therefore, title in controversy; and except, also, that a writ " Resolved, That in any territory, that may be of error or appeal shall also be allowed to the Suacquired from Mexico; over which shall.be estab- preme Court of the United States from the decision lished territorial governments, Slavery, or involun- of the said Supreme Court created by this act, or tary servitude, except as a punishment for crime, of any judge thereof, or of the district Courts creawhereof the party shall have been duly convicted, ted by this act, or of any judge upon any writ of shall be forever prohibited; and that in any act habeas corpus involving the question of personal or resolution establishing such governments, a freedom." fundamental provision ought to be inserted to that effect." Carried: Yeas, 31 (all sorts); Nays, 19 46 THE STRUGGLE FOR SLAVERY RESTRICTION. (all Southern, but Bright, Dickinson, and YEAS-For Clayton's Compromise: Hannegan). Messrs. Atchison, Houston, Mr. Baldwin of Conn. moved an additional Atherton, Hunter, section, as follows: Benton, Johnson, Md. Berrien, Johnson, La. "SEC. 37. And be it further enacted, That it Borland, Johnson, Ga. shall be the duty of the attorneys for said Terri- Breese, King, tories, respectively, on the complaint of any per- Bright, Lewis, son held in involuntary servitude therein, to make Butler, Mangum, application in his behalf in due form of law, to Calhoun, Mason, the court next thereafter to be holden in said Ter- Clayton, Phelps, ritory, for a writ of habeas corpus, to be directed Davis, Miss. Rusk, to the person so holding such applicant in service Dickinson, Sebastian, as aforesaid, and to pursue all needful measures in Douglas, Spruance, his behalf; and if the decision of such court shall Downs, Sturgeon, be adverse to the application, or if, on the return Foote, Turney, of the writ, relief shall be denied to the applicant, Hannegan, Westcott, on the ground that he is a slave held in servitude Yulee-33. in said Territory, said attorney shall cause an appeal to be taken therefrom, and the record of all NA YS-Against Clayton's bill: the proceedings in the case to be transmitted to Messrs. Allen, Felch the Supreme Court of the United States as speedily Badger, Fitzgerald as may be, and to give notice thereof to the At- Baldwin, Greene, torney General of the United States, who shall Bell Hale - prosecute the same before said Court, who shall Bradbury Hamlin proceed to hear and determine the same at the Clarke, Metcalf frst term thereof." Corwin, Miller, Davis, Mass. Niles, Yeas, 15 (all Northern, except Benton); Dayton, Underwood, Nays, 31. Dix. Upham, Mr. Davis of Mass. moved to strike out Dodge, Walker-22., section 12, and insert as follows: o the bill was egrossed, and immedi.o ^ ^'J L Jm So the bill was engrossed, and immedi-' Sec. 12. And be it further enacted, That so tely assed witho iiion much of the sixth section of the ordinance of the 13th July, 1787, as is contained in the following words; viz:'There shall be neither Slavery nor involuntary servitude in the said Territory, July 28th.-This'bill reached the House, otherwise than in the punishment of crimes, and was taken-up and read twice whereof the party shall have been duly convict-a w n d. ed,' shall be and remain in force in the Territory r. Ln Boyd of Ky. moved it to a of Oregon." Committee of the Whole on the State of the This was defeated; Yeas, 21; Nays, 33, as Union. follows: Mr. C. B. Smith of Ind. moved and obYEAS-For the Slavery Prohibition: tained a call of the House, when all but eighteen Members responded. Messrs. Alien, Ohio. Dodge, Wise. eighteen Members responded. Atherton, N.H. Felch, Mich. Mr. A. H. Stephens of Ga. moved that Baldwin, Conn. Fitzgerald, Mich. the bill do lie on the table. Yeas and Nays Benton, Mo. Greene,. I. ordered, and the motion prevailed: Yeas, Bradbury, Mo. Hale, N. H. 112; Nays 97 Clarke, R.I. Hamlin, Me. Corwin, Ohio, Miller, N. J. Yeas all the Free State Whigs, with,the Davis, Mass. Niles, Conn. following Whigs from Slave States: Dayton, N. J. Spruance, Del. Vr S Pnd n Dix, N. Y. Tpham, Vt. VIRGINIA.-John S. Pendleton-1. Walker, Wis.-21. NORTH CARoLINA.-Nathaniel Boydon, Richard S. Donnell-2. NAYSA — gainst the Slavery Prohibition: GEORGIA.-Alex. H. Stephens-1. KENTUCKY. -Green Adams, Aylett Buckner, Messrs. Atchison, Mo. Houston, Texas. John B. Thompson-3. Badger, N. C. Hunter, Va. TENNEssEE.-ohn H. Crozier-1. Bell, Tenn. Johnson, Md. Berrien, Ga. Johnson, La. Total, eight Whigs from Slave States. Borland, Ark. Johnson, Ga. Breese, Ill. King, Ala. Democrats from Free States: Bright, Ind. Lewis, Ala. MAINE.-Asa W. H. Clapp, David Hammons, Butler, S. C. Mangum, N. C. Ephraim K. Smart, James S. Wiley-4. Calhoun, S. C. Mason, Va. ZEW-HAMPSHIRE.-Charles H. Peaslee —1. Clayton, Del. Metcalf, Ky. VERMONT.-Lucius B. Peck-1. Davis, Miss. Rusk, Texas, RHODE IsLAND.-Benjamin B. Thurston-1. Dickinson,N.Y. Sebastian, Ark. NEw YoRK.-William Collins, Timothy Jen. Douglas, Ill. turgeon. Pa. \ kins, Sidney Lawrence, Frederick W. Lord, Downs, La. Turney, Tenn. William B. Maclay, Henry'Nicoll, George A. Foote, Miss. Underwood, Ky. Starkweather-7. Hannegan, nd. Westcott, Fla. PENNSYLVANIA.Wm. Strong, James Thomp. Yulee-33. son, David Wilmot-3. The bill was then engrossed for a third OHm.-James J. Fran, George Fries, Samuel Lahm. Jonathan D. Morris.4. reading; Yeas, 33; Nays, 22; as fol- INDANA.-Thomas J. Ienley_1. lows: - ILLINOIS.-Robert Smith, John Wentworth-2. THE WILMOT PROVISO. 47 MICHIGAN.- Kinsley S. Bingham, Robert acts for a series of years, is as unworthy of the McClelland, Charles E. Stuart-3. age in which we live, as it is revolting to the WIScoNSIN.-Mason C. Darling, William Pitt common sense and practice of mankind. It would Lyndo-2. conduce but little to our future security, or, inIOwA. —Wiljam Thompson.-1. deed, to our present reputation, to declare that Total Demcrats from re S. we repudiate all expectation of compensation from Total Democrats from Free States-30. the Mexican Government, and ate fighting, not Total Whigs from Free States-74. for any practical result, but for some vague, perNays, 21 Democrats from Free States, haps philanthropic object, which escapes my with 76 Democrats and Whigs from Slave penetration, and must be defined by those who States. assume this new principle of national intercommunication. All wars are to be deprecated, as Mr. Pollock of Pa. moved that this vote well by the statesman as by the philanthropist. be reconsidered, and that the motion to re- They are great evils; but there are greater evils consider do lie on the table; which prevailed than these, and submission to injustice is among — Yeas, 11 3 Nays, 96. (Vote same as be- them. The nation which should refuse to defend -Yeas, 11; Nay, 96. ( e se as b its rights and its honor, when assailed, would fore, except that Mr. Franklin Clark of soonhave neither to defend; and, when driven to Maine changed from the minority to the war, it is not by professions of disinterestedness majority.) and declarations of magnanimity that its rational So Mr. Clayton's project of Compromise objects can be best obtained, or other nations was dp. a y on tedt mps taught a lesson of forbearance-the strongest sewas defeated. curity for permanent peace. We are at war with Mexico, and its vigorous prosecution is the surest GEN. CASS'S NICHOLSON LETTER. means of its speedy terminatioid, and ample inImmediately after the adjournment of demnity the surest guaranty against the recurImmediatly after the adjournment of ly rence of such injustice as provoked it. Congress, in 1847, Gen. Cass was currently The Wilmot Proviso has been before the counreported to have expressed his favorable. try some time. It has been repeatedly discussed opinion of the Wilmot Proviso, and his re- in Congress, and by the public Press. I am change has been going on in the public mind upon gret that Mr. Davis'8 untimely remarks in stronglyimpressed with the opinion, that a great the Senate had deprived him (0Cass) of an this subject, in,ny own as well as others; and opportunity of recording his vote in its favor. that doubts are resolving themselves into convicThis remark he was said to have made in a tions, that the prichiple it involves should be kept railroad car, on his homeward journey from out of the National Legislature, and left to the Washington. If such a position were taken people of the confederacy in their respective local governments. by him, however, it was not long maintained; The whole subject is a comprehensive one, and as the following letter from his pen appeared fruitful of important consequences. It would be during the winter of 1847-8, and proved a ill-timed to discuss it here. I shall not assume prelude to the nomination of the writer for that responsible task, but shall conne myself to such general views as are necessary to the fair President, by the Democratic National Con- exhibition of my opinions. vention which assembled at Baltimore in the We may well regret the existence of Slavery in spring of 1848. It may be regarded as the the Southern'States, and wish they had been first logical and well-considered enunciation saved from its introduction. But there it is, not ft by the act of the present generation; and we must of the doctrine of" Squatter Sovereignty." deal with it as a great practical question, involvn C t A. 0 P N h I. ing the most momentous consequences. We have Gen. Cass to A. O. P. Nicholson. neither the right nor the power to touch it where WASHINGTON, Dec. 24, 1847. it exists; and if we had both, their exercise, by DEAR SIR,-I have received your letter, and any means heretofore suggested, might lead tc shall arfswer it as frankly as it is written. results which no wise man would willingly en You ask me whether I am in favor of the ac- counter, and which no good man could contem quisition of Mexican territory, and what are my plate without anxiety. sentiments with regard to the Wilmot Proviso. The theory of our Government presupposes I have so often and so explicitly stated my that its various members have reserved to themviews of the first question, in the Senate, that it selves the regulation of all subjects relating to seems almost unnecessary to repeat them here. what may be termed their internal police. They As you request it, however, I shall briefly give are sovereign within their boundaries, except in them. those cases where they have surrendered to the I think, then, that no peace should be granted General Government a portion of their rights, in to Mexico, till a reasonablefindemnity is obtained order to give effect to the objects of the Union, for the injuries which she has done us. The ter- whether these concern foreign nations or the severitorial extent of this indemnity is, in the first ral States themselves. Local institutions, if I instance, a subject of Executive consideration. may so speak, whether they have reference to There the Constitution has placed it, and there I Slavery or to any other relations, domestic or am willing to leave it: not only because I have public, are left to local authority, either original full confidence in its judicious exercise, but be- or derivative. Congress has no right to say that cause, in the ever-varying circumstances of a war, there shall be Slavery in New-York, or that there it would be indiscreet, by a public declaration, shall be no Slavery in Georgia; nor is there any to commit the country to any line of indemnity, other human power, but the people of those States, which might otherwise be enlarged, as the obsti- respectively, which can change the relations exnate injustice of the enemy prolongs the contest, isting therein; and they can say, if they will, We with its loss of blood and treasure. will have Slavery in the former, and we will It appears to me, that the kind of metaphysical abolish it in the latter. magnanimity which would reject all indemnity In various respects, the Territories differ from at the close of a bloody and expensive war, the States. Some of their rights are inchoate, and brought on by a direct attack upon our troops by they do not possess the peculiar attributes of the enemy, and preceded by a succession of unjust sovereignty. Their relation to the General Gov 48 THE STRUGGLE FOR SLAVERY RESTRICTION. ernment is very imperfectly defined by the Con- it. It should be limited to the creation of proper stitution; and it will be found, upon examination, governments for new countries, acquired or setthat in that instrument the only grant of power tled, and to the necessary provision for their concerning them is conveyed in the phrase, eventual admission into the Union; leaving, in "Congress shall have the power to dispose of and the mean time, to the people inhabiting them, to make all needful rules and regulations, respecting regulate their internal concerns in'their own way. the territory and other property belonging to the They are just as capable of doing so as the peolTnited States." Certainly this phraseology is pie of the States; and they can do so, at any very loose, if it were designed to include in the rate as soon as their political independence is grant the whole power of legislation over persons, recognized by admission into the Union. During as well as things. The expression, the " territory this temporary condition. it is hardly expedient and other property," fairly construed, relates to to call into exercise a doubtful and invidious the public lands, as such; to arsenals, dockyards, authority, which questions the intelligence of a forts, ships, and all the various kinds of property respectable portion of our citizens, and whose which the United States may and must possess. limitation, whatever it may be, will be rapidly But surely the simple authority to dispose of approaching its termination-an authority which and regulate these does not extend to the un- would give to Congress despotic power, unconlimited power of legislation; to the passage of all trolled by the Constitution, over most important laws, in the most general acceptation of the word; sections of our common country. For, if the rewhich, by-the-by, is carefully excluded from the lation of master and servant may be regulated or sentence. And, indeed, it this were so, it would annihilated by its legislation, so may the regularender unnecessary another provision of the Con- tion of husband and wife, of parent and child. stitution, which grants to Congress the power to and of any other condition which our institutions legislate, with the consent of the States, respec- and the habits of our society recognize. What tively, over all places purchased for the " erec- would be thought if Congress ehould undertake tion of forts, magazines, arsenals, dockyards," etc. to prescribe the terms of marriage in New-York, These being the' property" of the United States, or to regulate the authority of parents over their if the power to make "needful rules and regula- children in Pennsylvania t And yet it would be tions concerning" them includes the general as vain to seek one justifying the interference of power of legislation, then the grant of authority the national legislature in the cases referred to in to regulate "the territory and other property of the original States of the Union. I speak here the United States" is unlimited, wherever subjects of the inherent power of Congress, and do not are found for its operation, and its exercise needed touch the question of such contracts as may be no auxiliary provision. If, on the other hand, it formed with new States when admitted into the does not include such power of legislation over the confederacy. " other property" of the United States, then it Of all the questions that can agitate us, those does not include it over their, territory;" for the which are merely sectional in their character are same terms which grant the one, grant the other. the most dangerous, and the most to be depre" Territory" is here classed with property, and cated. The warning voice of him who from his treated as such; and the object was evidently to character and services and virtue had the best enable the General Government, as a property- right to warn us, proclaimed to his countrymen, holder-which, from necessity, it must be-to in his Farewell Address-that monument of wismanage, preserve and "dispose of" such property dom for him, as I hope it will be of safety for as it might possess, and which authority is essen- them-how much we had to apprehend from tial almost to its being. Bdt the lives and persons measures peculiarly affecting geographical secof our citizens, with the vast variety of objects tions of our country. The grave circumstances connected with them, cannot be controlled by an in which we are now placed make these words authority which is merely called into existence words of safety; for I am satisfied, from all I for the purpose of making rules and regulations have seen and heard here, that a successful atfor the disposition and management of'property. tempt to engraft the principles of the Wilmot Such, it appears to me, would be the construc- Proviso upon the legislation of this Government, tion put upon this provision of the Constitution, and to apply them to new territory, should new were this question now first presented for consid- territory be acquired, would seriously affect our eration, and not controlled by imperious circum- tranquillity. do not suffer myself to foresee or stances. The original ordinance of tke Congress to foretell the consequences that would ensue; of the Confederation, passed in 1787, and which for I trust and believe there is good sense and was the only act upon this subject in force at the good feeling enough in the country to avoid them, adoption of the Constitution, provided a complete by avoiding all occasions which might lead to frame of government for the country north of them. the Ohio, while in a territorial condition, apd for Briefly, then, I am opposed to the exercise of its eventual admission in separate States into the any jurisdiction by Congress over this matter; Union. And the persuasion that this ordinance and I am in favor of leaving to the people of any contained within itself all the necessary means territory, which may be hereafter acquired, the of execution, probably prevented any direct re- right to regulate it for themselves, under the ference to the subject in the Constitution, further general principles of the Constitution. Bethan vesting in Congress the right to admit the causeStates formed under it into the Union. However, 1. I do not see in the Constitution any grant of circumstances arose, which required legislation, the requisite power to Congress; and I am not as well over the territory north of the Ohio as disposed to extend a doubtful precedent beyond over other territory,both within and without the its necessity —the establishment of territorial original Union, ceded to the general Government, governments when needed-leaving to the inhabitand, at various times, a more enlarged power has ants all the rights compatible with the relations been exercised over the Territories-meaning theybear to the confederation. thereby the different Territorial Governments- 2. Because I believe this measure, if adopted, than is conveyed by the limited grant referred to. would weaken, if not impair, the union of the How far an existing necessity may have operated States; and would sow the seeds of future discord, in producing this legislation, and thus extending, which would grow up and ripen into an abundant by rather a violentimplication, powers not direct- harvest of calamity. ly given, I know not. But certain it is that the 3. Because I believe a general conviction that principle of interference should not becarried be- such a proposition would succeed, would lead to yond the necessary implication, which produces an immediate withholding of the supplies, and THE WILMOT PROVISO. 49' ttius to a dishonorable termination of the war. I our efforts seem at present directed, unite in repthink no dispassionate observer at the seat of resenting those countries as agricultural regions, Government can doubt this result. similar in their products to our Middle States, and 4. If, however, in this I am under a misappre- generally unfit for the production of the great hension, I am under none in the practical opera- staples which can alone render Slave labor valution of this restriction, if adopted by Congress, able. If we are not grossly deceived-and it is upon a treaty of peace, making any acquisition difficult to conceive how we can be-the inhabitof Mexican territory. Such a treaty would be ants of those regions, whether they depend upon rejected as certainly as presented to the Senate. their plows or their herds, cannot be slaveholders. More than one-third of that body would vote Involuntary labor, requiring the investment of against it, viewing such a principle as an exclu- large capital, can only be profitable when emsion of the citizens of the slaveholding States ployed in the production of a few favored articles from a participation in the benefits acquired by confined by nature to special districts, and paying the treasure and exertions of all, and which larger returns than the usual agricultural products should be common to all. I am repeating- spread over more considerable portions of the neither advancing nor defending these views, earth. That branch of the subject does not lie in my In the able letter of Mr. Buchanan upon this way, and I shall not turn aside to seek it. subject, not long since given to the public, he In this aspect of the matter, the people of the presents similar considerations with great force. United States must choose between this restric-'Neither," says the distinguished writer, "the tion and the extension of their territorial limits. soil, the climate, nor the productions of California They cannot have both; and which they will sur- south of 36~ 301, nor indeed of any portion of it, render must depend upon their representatives North or South, is adapted to Slave labor; and first, and then, if these fail them, upon them- beside every facility would be there afforded for selves. the slave to escape from his master. Such pro5. But after all, it seems to be generally con- perty would be entirely insecure in any part of ceded that this restriction, if carried into effect, California. It is morally impossible, therefore, could not operate upon any State to be formed that a majority of the emigrants to that portion from newly-acquired territory. The well-known of the territory south of 360 30/, which will be attributes of sovereignty, recognized by us as chiefly composed of our citizens, will ever rebelonging to the State Governments, would sweep establish Slavery within its limits. before them any such barrier, and would leave "In regard to New-Mexico, east of the Rio the people to express and exert their will at plea- Grande, the question has already been settled by sure. Is the object, then, of temporary exclusion the admission of Texas into the Union. for so short a period as the duration of the Terri- " Should we acquire territory beyond the Rio torial Governments, worth the price at which it Grande and east of the Rocky Mountains, it is it would be purchased?-worth the discord it still more impossible that a majority of the people would engender, the trial to which it would expose would consent to re-establish Slavery. They are our Union, and the evils that would be the certain themselves a colored population, and among them consequence, let the trial result as it might? As the negro does not belong socially to a degraded to the course, which has been intimated, rather race." than proposed, of engrafting such a restriction With this last remark, Mr. Walker fully coinupon any treaty of acquisition, I persuade myself cides in his letter written in 1844, upon the annexit would find but little favor in any portion of this ation of Texas, and which everywhere produced country. Such an arrangement would render so favorable an impression upon the public mind, Mexico a party, having a rlght to interfere in our as to have conduced very materially to the acinternal institutions in questions left by the Con- complishment of that great measure. "Beyond stitution to the State Governments, and would in- the Del Noyte," says Mr. Walker, " Slavery will flict a serious blow upon our fundamental princi- not pass; not only because it is forbidden by law, pies. Few, indeed, 1 trust, there are among us but because the colored race there preponderates who would thus grant to a foreign power the right in the ratio of ten to one over the whites; and to inquire into the constitution and conduct of the holding, as they do, the government and most of sovereign States bf this Union; and if there are the offices in their possession, they will not permit any, I am not among them, nor never shall be. To the enslavement of any portion of the colored the people of this country, under God, now and race, which makes and executes the laws of the hereafter, are its destinies committed; and we country." want no foreign power to interrogate us, treaty in The question, it will be therefore seen on exhand, and to say, Why have you done this, or amination, does not regard the exclusion of Slavwhy have you left that undone? Our own dignity ery from a region where it now exists, but a proand the principles of national independence unite hibition against its introduction where it does not to repel such a proposition. exist, and where, from the feelings of the inhabitBut there is another important consideration, ants an& the laws of nature, " it is morally imwhich' ought not to be lost sight of, in the in- possible." as Mr. Buchanan says, that it can vestigation of this subject. The question that everre-establish itself. presents itself is not a question of the increase, It augurs well for the permanence of our conbut of the diffusion of Slavery. Whether its federation, that during more than half a century, sphere be stationary or progressive, its amount which has elapsed since the establishment of this will be the same. The re3ection of this restriction Government, many serious questions, and some will not add one to the class of servitude, nor will of the highest importance, have agitated the pubits adoption give freedom to a single being who lic mind, and more than once threatened the is now placed therein. The same numbers will be gravest consequences; but that they have all in spread over greater territory; and, so far as com- succession passed away, leaving our institutione pression, with less abundance of the necessaries unscathed, and our country advancing in nuir of life, is an evil, so far will that evil be mitigated bers, power, and wealth, and in all the other ele by transporting slaves to a new country, and giv- ments of national prosperity,'with a rapidity uning them a larer space to occupy. known in ancient or in modern days. In timed say this in the event of the extension of Slavery of political excitement, when difficult and delicate over any new acquisition. But can it go there? questions present themselves for solution, there ii This may well be doubted. All the descriptions one ark of safety for us; and that is, an honest which reach us of the condition of the Californias appeal to the fundamental principles of our Union, and of New-Mexico, to the acquisition of which and a stern determination to abide their dictatesi 4 so THE STRUGGLE FOR SLAVERY RESTRICTION. This course of proceeding has carried us in safety PENNSYLVANIA-Charles Brown, Charles J. In. through many a trouble, and I trust will carry us gersoll-2. safely through many more, should many more be OH1I -William Kennon, jun., John K. Miller destined to assail us. The Wilmot Proviso seeks William Sawyer-3. to take from its legitimate tribunal a question of ILLINOIS.-William A. Richardson-1. domestic policy, having no relation to the Union, IoA.-Sehepherd Leffler-1. as such, and to transfer it to another, created by Total Nays from Free States-8. the people for a special purpose, and foreign to the subject matter involved in this issue. By Mr. Robinson of Ind. moved a reconsideragoing back to our true principles; we go back to tion of this vote, which motion (Dec. 18), the road of peace and safety. Leave to the peo- n motion of Mr. Wentworth of Ill., was tle, who will be affected by this question, to ad- on. Il., 83 just it upon their own responsibility, and in their laid on the table: Yeas, 105; Nays, 83. own manner, and we shalf render another tribute [Messrs. Clapp, Clark, and Wiley of Me., to the original principles of our Government, and voted to lay on the table, as did Messrs. furnish another guaranty for its permanence and Lord of N. Y., Job Mann of Pa., Richey prosperity. I am, dear sir, respectfully, your of Ohio, Henley and Wick of Indiana, R. obedient servant, LEWIS CA$S. obelient s ervant I 2WIS 9^S Ohio, Henley and Wick of Indiana, R. A. 0. P. NIOHOL.oN, Eaq. Nshville, Tenn. Smith of Ill. Messrs. C. Brown and Levin of Pa. did not now vote. The rest, very much as before, except that a few more The next session of the same Congress voted.] opened under very different auspices. The Dec. 20th.-Mr. C. B. Smith accordingly Mexican War had been terminated, so that reported a bill, establishing the Territorial none could longer be deterred from voting Government of Upper California, which was for Slavery Exclusion by a fear that the read twice and committed. prosecution of hotilities would thereby be Jan. 3rd.-He reported a similar bill for embarrassed. General Taylor had been the organization of New Mexico, which took elected President, receiving the votes of De- the same direction. laware, Maryland, North Carolina, Georgia, Jan. 15th.-Mr. Julius Rockwell of Mass. Kentucky, Tennessee, Louisiana, and Florida moved that these bills be made the special -a moiety of the Slave States-over Gen. order for the 23d instant. Negatived: Yeas, Cass, now the avowed opponent of Slavery 114 (not two-thirds); Nays, 71 (nearly a Restriction. Many of the Northern Demo- sectional vote). crats considered themselves absolved by this 26 The bill was taken o of Feb. 26-7th.-The bill was taken out of vote from all extra-costitutional obligations committee, and engrossed for a third reading. to the South, and voted accordingly. Mr. Meade of Va. moved that it do lie on Dec. 13.-Mr. J. M. Boot of Ohio, offered the table. Negatived: Yeas, 86; Nays, he following: 127. " Resolved, That the Committee on Territories It was then passed by the following similar be instructed to report to this House, with as little vote: delay as practicable, a bill or bills providing a Yeas-All the Whigs from the Free territorial government for each of the Territoriesf Ky., er States, with Aylett Buckner (Whig) of Ky., of New Mexico and California, and excludingnd all the Democrats also, xcept Slavery thereom." and all the Democrats also, except PENSYLVANtA.-Samuel A. Bridges-1. A call of the House was had, and the pre- OHio.-William Kennon, jun., John K. Miller, vious question ordered. William Sawyer-3. Mr.W. P. Hall of Mo. moved that the Total-4. same do lie on the table. Lost: Yeas, 80; Nay.-All the Members from Slave Nays, 106. States, except Mr. Buckner aforesaid, with The resolve then passed: Yeas, 108; the addition of those from Free States just Nays, 80, viz.:mentioned. Yeas-All the Whigs fromFree States, and all This bill was read twice in the Senate, the Democrats but those noted as Nays below, (Feb. 28th), and referred to the Committee including the following, who'had voted against on Trritories the same principle at the former session: MAINE.-Asa W. H. Clapp, James S. Wiley-2. March 3d.-Said Committee was dischargNEW YBOR.-rFrederick W. Lord-1. ed from its further consideration, and Mr. OHImo. —TChres IW Cata Thomas JRic. Douglas moved that it e taken up in Senate, INDlANA.-Charles W Cathcart, Thomas J. Henley, John L. Robinson, William W. Wick-4. which was negatived. Teas, 25; Nays, 28 ILLINOIS.-Robert Smith —1. (all but a sectional vote). That was the Messrs. Clark and IH Williams of Maine, Bird- end of the bill; the Senate having already sail and Maclay of New-York, Brodhead and determined to affix its essential provisions to Mann of Pa., Pettit of Ind., Fiklin and McClel-Diplomatic ppropriati bill, land of Ill., who voted with the South at the for- the Civil and Diplomatic Appropriation bill, mer session-now failed to vote. and thus avoid and defeat the Slavery ExcluMr. Jackson of N.Y., who then voted with the sion contained in the House bill, and force South, had been succeeded by Mr. H. Greeley, the House to agree to organize the Terriwho voted with the North. Nays-All the Members voting from the Slave tories, ithout such provision, or leave the StateB, with the following from the Free States: Government without appropriations. How NEW-YoRL.-Honry C. Murphy-1. this succeeded, we shall see. THE WILMOT PROVISO. 61 The Civil and Diplomatic Appropriation Davis of Miss. Mangum, bill having passed the House in the usual Dickinson, Mason, form, came up to the Senate, where it was de- Douglas, Sebastian bated several days. Downs, Sturgeon, Feb. 21st. -Mr. Walker of Wise. moved Fitzgerald, Turner, an amendment, extending all the laws of the Fitzpatrick, Underool United States, so far as applicable, to the HaFoote, Mi. e Territories acquired from Mexico. Yulee-,29. Mr. Bell of Tenn. moved to add further sections organizing the State of California, NAYS-Againstr. Waler'sroposition: to be admitted into the Union on the 1st of Messrs. Allen, Felch, October next. This was rejected: Yeas 4 therton, aleene, Badges, Hale, (Bell, Dodge of Iowa, Douglas, Davis); Baldwin, Hamlin, Nays 39. Bradbury, Johnson, Md. Feb. 26th.-Mr. Dayton of N. J. moved Bright, Jo, that the President be vested with power to Clarke, Millet, Clarke, Miles, provide a suitable temporary government for Corwit, Pearce, the Territories. Rejected; Yeas 8; Nays Davis of Mass. Phelps, 47. Dayton, Spruance, The question recurred on Mr. Walker's Dge, Wise. Val amendment, modified so as to read as fol- D Webster-.27. lows: The bill being returned to the House, thus "Sec. 5. And be it further enacted, That the amended this amendment was (March 2d) Constitution of the United States, in so far as the voteddown-Yeas 101; Nays 115-as foprovisions of the same be applicable to the condition of a Territory of the United States, and all lows: and singular the several acts of Congress respect. Yeas, all the members from the Slave ing the registering, recording, enrolling, or i' ens- States, with the following from the Free ing ships, or vessels, and the entry and clearaince States viz thereof, and the foreign and coasting trade and vz. fisheries, and all the acts respecting the imposing MAINEz-Hezekiah Williams-1. and collecting the duties on impors, and all the NEW YORK-Ausburn Birdsall-1. acts respecting trade and- intercourse with the PENNSYLVANIA-Samuel A. Bridges, Richard Indian tribes, and all the acts respecting the pub- Brodhead, Charles Brown, Charles J. Ingersoll, lie lands, or the survey or sale thereof, and all and Lewis C. Levin-5. singular the other acts of Congress of a public and OHso-William Kennon, jr., William Sawyer general character, and the provisions whereof are -2. suitable and proper to be applied to the territory ILLINOIS-Orlando B. Ficklin, John A. McWest of the Rio del Norte, acquired from Mexico Clernand, William A. Richardson-3. by the treaty of the second day of February, Iowa..Shepherd Leffier —1. 1848, be, and the same are hereby, extended over, and given full force and efficiency in Toal, thirteen from Free States'; eightyall said territory; ant the Preident of the eight fom Slave States. (Only two from United States is hereby dithorized tto prescribe Save States absent or silen and establish all proper and needful rules and re-. gulations (in copformity with the Constitution of Nays, all the Whigs from Free States, the United States) for the enforcement of the pro- and all the Democrats from Free States, exvisions of the Constitution hereinbefore referred cept those named above. to, of said laws in said territory, and for the pre- SO the House refused to concur in this servation of order and tranquillity, and the es- tablishment of justice therein, and from time amendment, and the bill was returned to the to time to modify or change the said rules and Senate accordingly. regulations in such manner as may seem to him The Senate resolved to insist on its discreet and proper; and to establish, tempo/arity, amendnment,: and ask a conference, which was such divisions, districts, portW, offices, and all at'rangements proper for the execution of said laws, granted, but resulted in nothing. Messrs. and appoint and commission such offcers as may Atherton of N. H., Dickinson of N. Y., be necessary to administer such laws in said ter- afd Berrien of Ga., were managers on the ritory, for such term or terms as he may prescribe, part of the Senate, and insisted on its whose authority shall continue' until otherwise Territories provided by Congress; said officers to receive aendment,organizing the Territories with. such compensation as the President may presribe, out restriction as to Slavery. Messrs. Vinnot exceeding double the compensation heretofore ton of Ohio, Nicoll of N. Y., and Morehead paid to similarofficers of the United States or its of Ky., were appointed on the part of the territories, for like services; and to enable the House. These, after a long sitting, reportsame to be done, the sum of two hundred thousandaeraong inrep dollar be appropriated, out of any money in the ed their inability to agree, and were distreasury not otherwise appropriated." charged. The bill being now returned to the House, YEAS-For Mr. Walker's propositio: Mr. McClernand of Ill. moved.that the Messrs. Atchison, Houston, House do recede from its disagreement; CarBell, Hunter, ried: Yeas 111; Nays 106. Berrien, Johnson of- Lg. Borland, Johnson of (a. Mr. Morehead of Ky. moved to amend Butler, King,'r so as to provide that nothing in this section 52 THE STRUGGLE FOR SLAVERY RESTRICTION. shall affect the question, as to the boundary XII. of Texas. Carried: Yeas 187; Nays 19. 19. OREGON. Mr. R. W. Thompson of Ind. moved that Au 6 1 fr the House concur with the Senate, with an Com e o. Mr. Doua Committee on Territories, reported to the amendment, which was a substitute, extend- House a bill organizing the Territory of 1e the laws of the United States over said Oregon. Territories, but leaving them unorganized, Said billwas disssed i Committee of as ollows. the Whole, and the following amendment "That the President of the United States be, agreed to: and he hereby is, authorized to hold possession of/ "And neither Slavery, nor involuntary serviand occupy the Territories ceded by Mexico to hide shall ever exist in said Territory, except for the United States, by the treaty of the 2nd of Feb., crime whereof the party shall have been duly eighteen hundred and forty-eight, and that he be, convicted." and hereby is, authorized for that purpose, and in order to maintain the authority of the United On coming out of Committee, this amendStates, and preserve peace and order in said Ter- ment was agreed to-Yeas 108; Nays 44. tory, to employ such parts of the army and navy [The Nays are all Southern, but Charles J. of the United States as he may deem necessaryl,. Fic, and and that the Constitution of the United States, o Ingersoll, rlando B.Ficklinand possibly far as the same is applicable, be extended over one or two others; and all Democrats, but said Territories. some half a dozen from the South, of whom "Sec. 2nd. And be it further enacted, That, Robert Toombs has since turned Democrat.l until the fourth day of July, eighteen hundred Te and fifty, unless Congress shall sooner provide Stephen A. Douglas did not vote. The bll for the government of said Territories, the exist- passed the House without further opposition, ing laws thereof shall be retained and observed, was read twice in the Senate, and referred; and that the civil and judicial authority hereto- and Mr. Westcott of Florida made a report fore exercised in said Territories shall be vested fro t n rrito in, and exercised by, such person or persons as hereon from the Committee Territories the President of the United States shall appoint but the Session closed without further action and direct, to the end that the inhabitants of said on the bill. Territories may be protected in the full and free enjoyment of their liberty, property, and religion: C s, D. provided, nevertheless, that martial law shall not This Congress reassembled, Dec. 7th, be proclaimed or declared in said Territories, or 1846. On the 23d, Mr. Douglas again reether of them, nor any military court established ported his bill to provide a territorial govor instituted, except ordinary courts-martial for ernment for Oregon, which was read twioe the trial of persons belonging to the army and navy of the nited States; and the imprisonment and committed: Jan. 1ltb, 1847, was disof any citizen of said Territories for debt is here- cussed in Committee, as also on the 12th by forbidden. and 14th, when it was resolved to close the " Sec. 3. And be it frther enacted, That, to debate. On the 15th, it was taken out of enable the President to carry into execution the provisions of this act, the sum of two hundred Committee, when Gen. Burt of S. C. moved thousand dollars is hereby appropriated out of the following addition (already moved, deany money in the Treasury not otherwise appro- bated, and voted down in Committee) to priated." the clause forbidding Slavery in said TerriThe question being reached on amending tory: the Senate's proposition as proposed by Mr. Inasmiuch as the whole of said Territory lies -e Senates proposition -aspropsed b M. north of thirtysix degrees thirty minutes north Thompson, it was carried: Yeas 111; Nays latitude, known as the line of the Missouri Com105..promise." [All the Southern Members in the nega- The purpose of thisis clear enough. It tive, with Levin and a few of the Northern was intended to recognize the Missouri line Democrats; the residue with all the North-..... Demcrats; the residue with all the North- not as limited to the territories possessed ern Whigs in the airmative.] t by the United States at the time said line The House now proceeded to agree to the was established, but as extending to all Senate's amendment, as amended; Yeas that had since been, or hereafter should be, i10; Nays 103, [the same as before; the acquired so as to legalize Slavery in any friends of the Senate's proposition voting cterritto be acquired by us against it, as amended, and vice versa, on south of 36 3 o tae understanding that Mr. Thompson's Mr. Burt's amendment was negativedamendment would exclude Slavery.] Yeas 82 Nays 114. The bll as thus amended being returned The vote was very nearly sectional; but to the Seqate, it refused to agree to the the following embers fm ree States House's amendment, and receded from its voted in the minority: own proposition; so the bill was passed and i the session closed, with no provision for PENNSYLVANIA.-Charles J. Ingersoll-1. the government of the newly-acquired Ter- ILL Sthe A. Douglas, obt. ith-2 Iowa.-S. C. Hastings-1. titories. In all, 5. No Member from a Slave State voted in OREGON. 65 the majority. The bill then passed-Yeas The bill continued to be discussed, and 134; Nays 35 (all Southern). finally (Aug. 1st) was got out of Committee; Jan. 15th.- The bill reached the Senate, when Mr. C. B. Smith moved the Previous and was sent to the Judiciary Committee, Question thereon, which was ordered. consisting of August 2d.-The House came to a vote Messrs. Ashley, Ark. Berrien, Ga. on an amendment made in Committee, whereBreese, Ill. Dayton, N. J. by the following provision of the original Westcott, Fla. bill was stricken out: Jan. 25.-Mr. Ashley reported the Oregon That the inhabitants of said Territory shall bill with amendments, which were ordered to be entitled to enjoy, all and singular, the rights, be printed. privileges, and advantages granted and secured 29th.Said bill, on motion of Mr. West- to the people of theTerritory of the United States northwest of the river Ohio, by the articles of cott, was recommitted to the Judiciary Corn- compact ontained in the ordiane for the icles of mittee. eminent of said Territory, passed the 13th day Feb. 10th.-Mr. Ashley again reported it of July, seventeen hundred and eighty-seven; with amendments. and shall be subject to all the conditions, and reMarch 3d.-It was taken up as in Con- strictions, and prohibitions in said articles of committ o. e W e enpact imposed upon the people of said territory mittee of the Whole, when Mr. Evans of and-" Me. moved that it be laid on' the table. Defeated-Yeas 19, (all Whigs but Cal- The House refusedtoagreeto thisamendhoun of S. C., and Yulee of Florida); Nays ment-Yeas 88; Nays 114 26; (24 Dem., with Corwin of Ohio, and The Members from the Free States who 26; J24 Dem., with Corwin of Ohio, a.. Johnson of La.). voted with the South to strike out, wereMr. Westcott of Fla. immediately moved No-Yiliam en nonBird. John K.Milthat the bill do lie on the table, which pre- ler —. vailed-Yeas 26; Nays 18, (a mixed vote, ILLINOIS-Orlando B. Ficklin, John A. Meevidently governed by various motives); but Clernand, William A. Richardson-3. the negatives were all Democrats, but Cor- INwDIrAf-Jhn L. Robinson, William W. win and Johnson aforesaid. This being the Mr. John W. Houston of Delaware voted in last day of the session, it was evident that the majority. the bill, if opposed, as it was certain to be, The bill was then passed: Yeas 128; could not get through, and it was, doubtless, Nays 71. in behalf of other pressing business that many [This vote was almost completely sectionSenators voted to lay this aside. It was, of al. Mr. Houston of Delaware voting iu course, dead for the session. the majority as before: otherwise, Members from Free States in the affirmative; Dec. 6th, 1847. —The XXXth Congress as- those from Slave States in the negative.] sembled; Robert C. Winthrop (Whig) of.-This b reached the Senate, M~s. -was chosen S~peaker of the'House. Jug. 3rd.-This bill reached the Senate, Mis. was chosen Speaker of theHouse. when Mr. Badger of N. C. moved its indePresident Polk, in his Annual Message, re- finite postponement: negatived, 47 to 1, gretted that Oregon had not already been ee. t was then sentto the Committee organized, and urged the necessity of action n Territories. on the subject. on the subject. f The Senate had had under consideration, Feb. 9th/.-Mr. Caleb B. Smith of IndianaroughtheSession,abil reported to the House a bill to establish the f rom time to time th r ough the Session, a bil territorial government of Oregon; which, by of its own, reported by Mr. Douglas, which territorial government of Oregon; which, by was finally referred to a Select Committeea vote of two-thirds, was made a special order for March 14th. It was postponed, Mr. Clayton of Delaware, Chairman-and however, to Ma tht; when it was taken up by said committee reported some days before however, to the 28th; when it was tken up of th House bill It wa and discussed, as on one or two subsequent ther n f te ouse bill. I w days. May 29th, it was again made a spe-then dropped. cial order next after the Appropriation bills. Aug. 5th.-Mr. Douglas reported the The President that day sent a special mes- House Bill, with amendments, which were sage, urging action on this subject. July printed. 25th, it was taken up in earnest; Mr. Aug. 10th.-After some days' debate, the Wentworth of Illinois moving that debate Senate proceeded to vote. Mr. Foote of on it in Committee cease at two o'clock Miss. moved that the bill do lie on the this day. table. Defeated: Yeas 15 (Southern); Mr. Geo. S. Houston of Ala. endeav- Nays 36. ored to put this motion on the table. De- On the question of agreeing to this feated-Yeas 85; Nays 89, (nearly, but amendment:. not fully, a sectional division). Mr. Geo. "Inasmuch as the said Territory is north of W. Jones of Tenn. moved a reconsidera- thirty-six deg. thirty min., usually known as the tion, which was carried-Yeas 100; Nays [line ofthel Missouri Compromise" 88; and tle resolution laid on the table- It was rejected: Yeas 2 (Bright and Yeas 96; Nays 90. Douglas); Nays 52. $4 THE STRUGGLE FOR SLAVERY RESTRICTION. Mr. Douglas moved to amend the bill, by as it came from the House: Yeas 29; Nlys inserting after the word " enacted ": 25, as follows: "That the line of thirty-six degrees and thirty YEAS-For Receding: minutes of north latitude, known as the Missouri Compromise line, as defined in the eighth section e, il of an act entitled,' An Act to authorize the peo- Balwin, elet, pie of the Missouri Territory to form a Constitu- nton, Fitzgerald, tional and State Government, and for the admis- Bradbury, Greene, sion of such State into the Union, on an equal Breese, Hle, footing with the original States, and to prohibit Bright, Hamlin, Slavery in certain Territories, approved March Cameron, Hannegan, Clarke, Houston, 6th, 1820,' be. and the same is hereby, declared to Clar ke, oustoll extend to the Pacific Ocean; and the said eighth Cw M ills.Davi of Massi. Nlles, section, together with the compromise therein Dasto Phelps effected, is hereby revived, and declared to be in D on eps, Dickinson Spruance, full force and binding, for the future organiza- Dicso, ruance, tion of the Territories of the United States in the Di, ham Dodge, U Wamkr, same sense, and with the sam6 understandingge, Wbster29. with which it was originally adopted; and —" NA YS —gainst Receding: Which was carried-Yeas 33; Nays 21 Messrs. Atchison, JohnsonofLa., -as follows: Badger, Johnson of Ga., Bell, Lewis, YEAS —For' recognizing the Missouri line Berrien, Mangum, as rightfully extending to the Pacific: Borland, Mason, Butler'Metcale, Messrs. Atchison, Hannegan, Butl, Metcalf -Badger, Houst'On, Calhoun, Pearce, Bader,- MHouston, Davis of Miss., Rusk, Belln, JHunter, Downs, Sebastian, Benton, Johnson of Md., Foote, Turney, Berrien, Johnson of La., Hunter, Undrwood, ClhounMangu, u(Al from Slave States.).Cameron, rero, - o tohe bill became a law, and Oregon a Davis of Miss. Metcalf, i. Dickinson,' Prce,' btory, under the original ferso w Doiglaso, MSebasta, Dane Proviso aimst Slavery. Downs, Spruance, Fitzgerald, Sturgeon, Xi Underwood —33. THE COMPROMISE OF 1850. NAYS-Against recognizing said line: THu XXXIst Congress commenced its Messrs. Allen, Dode, first Session at Washington, Dec. 3d, 1849; Atherton, Felch, but the House was unable to organize-no Baldwin, Greene.. Bradbury, C "-e, person receiving a majority of all the votes Breese, Hamlin, for Speaker-~until the 22nd, when, the PluClarke, Miller, rality'rule having been adopted by a vote Corwin, Nile, of 113 to 106, Mr. Howell Cobb of Ga. was Davis of Maga., Plps, Dayton tnblp, elected, hving 10e voes to 100 for obert ix, Walker. Wianaop of Mass., and 20 scattering. Webster-21. t wwas thereupon resolved-Yeas 149; The bill wa then ng ed for a third Nays 35-" That Howell Cobb be declared reading: Yeas 33; Nays 22 (nearly same duly elected Speaker;" and on the 24th sthe above-Westcott of Florida, added reident chry Taylor transmitted to the Nays-and thus pased)both Houses hs first nnua Message, in Bradbuymi.,11 r r J theivg coure of which he says: Aug. l-t.-The bill, thus amended, having oua-e of which h e says: ben..returne t. the use t No civil governil ent having been provided.ben returned to the House, the amedment by Congress for California, the people of that of Mr. Douglas, just recited, was rejected: Territory, impelled by the necessities of their Yeas 82;.Nays 121. political condition, recently met in Convention Yeasfrom Free States: or the purpose of forming a Constitution and Davis" o - * ~ State Government; whichh,the latest advices give NEW YORK-Ausburn Birdsall-1. me reason to suppose, has been accomplished; PENNSYLVANIA-Charles Brown, Charles J. and it is believed they will shortly apply for the Ingersoll.-2. oadmission of California into the Union, as a Total-3. Sovereign State. Should such be the case, and OTeri'b i w. J.s nl Y s should their constitution be conformable to the Otherwise, from Slave States, all Yeas; requisitions of the Constitution of the United from Free States, all Nays. States, I recommend their application to the faAug. 12th.-The Senate, after voting vorable consideration of Congress. down various propositions to lay on the The people of New-Mexico will also, it is.table aly decided to recee from its believed, at no very distant period, present themtable, etc., finally decided to trecede from itselves e for admission into the Union. Preparatory amendments to the Oregon bill, and pass it to the admission of California and New-Mexico, THE COMPROMISE OF 1850. M the people of each will have instituted for them- length, which may elapse before the admissios selves a republican form of government, laying of the Territories ceded by Mexico, as States, it its foundation in such principles, and organizing appears probable that similar excitement will its power in such form, as to them shall seem prevail to an undue extent most likely to effect their safety and happiness. "Under these circumstances, I thought, and "By awaiting their action, all causes of un- still think, that it was my duty to endeavor to easiness may be avoided, and confidence and put it in the power of Congress, bythe admission kind feeling preserved. With a view of main- of California and New-Mexico as States, to retaining the harmony and tranquillity so dear to move all occasion for the unnecessary agitation all, we should abstain from the introduction of of the public mind. those exciting topics of a sectional character "It is understood that the people of the Western which have hitherto produced painful apprehen- part of California have formed the plan of a State sions in the public mind; and I repeat the solemn Constitution, and will soon submit the same to warning of the first and most illustrious of my the judgment of Congress, and apply for admispredecessors, against furnishing any ground for sion as a State. This course on their part, though characterizing parties by geographical discri- in accordance with, was not adopted exclusively minations." in consequence of, any expression of my wishes, Jar th. Gene Sm. Houston of Texas inasmuch as measures tending to this end had Jan. 4t. —Gen. Sam. Houston of Texas been promoted by officers sent there by my presubmitted to the Senate the following pro- decessor, and were already in active progress of position: execution, before any communication from. me " Wkereas, The Congress of the United States, reached California If the proposed constitution possessing only a delegated authority, have no sh when submitted to Cogress, be found to power over the subject of Negro Slavery within be incompliance with te requisitions of the the limits of the United States, either to prohibit Constitut of Uited State, I earnestly or interfere with it, in the States, Territories, reommend that it may receive the sanction of District, where, by municipal law, it now exists, Cong." or to establish it in any State or Territory where ad it does not exist; but, as an assurance and guarantee to promote harmony, quiet apprehension, "Should Congress, when California shall proand remove sectional prejudice, which by possi- sent herself for incorporation into the Union, bility might impair or weaken love and devotion annex a condition to her admission as a State to the Union m any. part of the country, it is affecting her domestic institutions contrary to hereby the wishes of her people, and even compel her " Resolved, That, as the people in Territories temporarily to comply writh it, yet the State could have the same inherent rights of self-government change her constitution at any time after admisas the people in the States, if, in the exercise of sion, when to her it should seem expedient. Any such inherent rights, the people in the newly- attempt to deny to the people of the State the acquired Territories, by the Annexation of Texas right of self-government, in a matter which pecuan the acquisition of California and New-Mexico, liarly affects themselves, will infallibly be resouth of the parallel of 36 degrees and 30 minutes garded by them as an invasion of their rights; of north latitude, extending to the Pacific Ocean, and, upon the principles laid down in our own shall establish Negro Slavery in the formation of Declaration of Independence, they will certainly their state governments, it shall be deemed no be sustained by the great mass of the American objection to their admission as a State or States people. To assert hat they are a conquered into the Union, in accordance with the Constitu- people, and must, as a State, submit to the will of tion of the United States." their conquerors, in this regard, will meet with no cordial response among American freemen. Great Jan. 21st.-Gen. Taylor, in atnsWer to a numbers of them are native citizens of the United resolution of inquiry, sent a message to the States, and not inferior to the rest of our countryHouse, stating that he had urged the forma- men in intelligence and pariotist; and no lantion of State Governments in ~ Csali~fornia and guage of menace to restrain them in the exercise of tion of State Governments in California and an undoubted right, substantially guarantied to New-Mexico. He adds: them by the treaty of cession itself shall ever be "In advising an early application by the uttered by me, or encouraged and sustained by people of these erritories-for amisionas States, persons acting under my authority. It is to be I was actuated principally by an earnest desire expected that, in the residue of the territory ceded to afford to the wisdom and patriotism of Con- to us by Mexico, the people residing there will, at ress the opportanity of avoiding ooeasions of the time of their incorporation into the Union as a bitter and angryiUsmasions among the people State, settle all questions of domestic policy to of the United States. suit thenselves." " Under the Constitntiau, tevery State has the Feb. 13, 1850.-Gem Taylor communtright to establish, and, from time to time, alter its municipal laws and domestw institutions, in- cated to Congress the Constitation (free) of dependently of every other State and of the the State of California. General Governmeat, subject only to the prohi- Jan. 29th, 1850.-Mr. Henry Clay of Ky. bitions and guarantees expressly set forth in the submitted to the Senate the ollowing pro. submitted to the Senate the following proConstitution/of the United States. The subjects thus left eusivel to the repetive States, ti, which were made a special order were not designed or expeeted to become topics and printed: of National agitation. Still as, under the Consti- "1. Resolved, Tnat California, with suitable tution, Congress has power to make all needful boundaries, ought, upon her application, to be adrules and regulations respecting the Territories mitted as one of the States of this Union, without of the United States, every new acquisition of the imposition by Congress of any restriction in territory has led to discussions on the question respect to the exclusion or introduction of Slavery whether the system of involuntary servitude, within those boundaries. which prevails in many of the States, should or " 2. Reaolved, That as Slavery does not exist by should not be prohibited in that Territory. The law, and is not likely to be introduced into any of periods of excitement from this cause, which the territory acquired by the United States from the have heretofore occurred, have been safely Republic of Mexico, it is inexpedient for Congress passed,; but, dnring the interval, of whatever to provide by law either for its introduction ito, 66 THE STRUGGLE FOR SLAVERY RESTRICTION. or exclusion from, any part of the said territory; tended for, and that mutual concessions upon and that appropriate territorial governments ought questions of mere policy, not involving the viola to be established by Congress in all the said ter- tion of any constitutional right or principle, must ritory, not assigned as within the boundaries be the basis of every project affording any assurof the proposed State of California, without the ance of a favorable acceptance; adoption of any restriction or condition on the " And, whereas, The joint resolution for ansubject of Slavery. nexing Texas to the United States, approved 3. Resolved, That the western boundary of the March 1, 1845, contains the following condiState of Texas ought to be fixed on the Rio del tion and guarantee-that is to say:' New States Norte, commencing one marine league from its of convenient size, not exceeding four in num mouth, and running up that river to the southern ber, in addition to said State of Texas, and having line of New-Mexico; thence with that line east- sufficient population, may hereafter, by the coo wardly, and so continuing in the same direction sent of said State, be formed out of the territory to the line as established between the United thereof, which shall be entitled to admission under States and Spain, excluding any portion of New- the provisions of the Federal Constitution; and Mexico, whether lying on the east or west of that such States as may be formed out of. that portion river. of said territory lying south of thirty-six degrees " 4. Resolved. That it be proposed to the State thirty minutes north latitude, commonly known of Texas, that the United States will provide for as the Missouri Compromise line, shall be admitthe payment of all that portion of the legitimate ted into the Union with or without Slavery, as the and bonafide public debt of that State contracted people of each State asking admission may desire; prior to its annexation to the United States, and and in such State or States as shall be formed out for which the duties on foreign imports were of said territory north of said Missouri Compropledged by the said State to its creditors, not mise line, Slavery, or involuntary servitude (exexceeding the sum of -- dollars, in consider- cept for crime), shall be prohibited.' Therefore, ation of the saidduties so pledged having been no "1. Resolved, That the obligation to comply with longer applicable to that object after the said an- the condition and guarantee above recited in nexation, but having thenceforward become pay- good faith be distinctly recognized; and that, in able to the United States; and upon the condition, part compliance with the same, as soon as the also, that the said State of Texas shall, by some people of Texas shall, by an act of their legsolemn and authentic act of herlegislature, or of a islature, signify their assent by restricting the convention, relinquish to the United States any limits thereof, within the territory lying east of claim which she has to any part of New-Mexico. the Trinity and south of the Red River, and "5. Resolved, That it is inexpedient to abolish when the people of the residue of the territory Slavery in the District of Columbia whilst that claimed by Texas adopt a constitution, repubhinstitution continues to exist in the State of Mary. can in form, they be admitted into the Union land, without the consent of that State, without upon an equal footing in all respects with the orithe consent of the people of the District, and ginal States. without just compensation to the owners of Slaves "2. Resolved, That if Texas shall agree to within the District. cede the United States will accept, a cession of "6. But Resolved, that it is expedient to pro- all the unappropriated domain in all the terrihibit, within the District, the slave trade in slaves tor claimed by Texas, lyingwest of the Colorado brought into it from States or places beyond the and extending north to the forty-second parallel limits of the District, either to be sold therein as of north latitude, together with the jurisdiction merchandise, or to be transported to other markets and sovereignty of all the territory claimed by without the District of Columbia. Texas, north of the thirty-fourth parallel of north "7. Resolved, That more effectual provision latitude, and to pay therefor a sum not exceeding ought to be made by law, according to the re- millions of dollars, to be applied in the quirement of the Constitution, for the restitution first place to the extinguishment of any portion and delivery of persons bound to service or labor of the existing public debt of Texas, for the disin any State, who may escape into any other State charge of which the United States a-e under any or Territory in the Union. And, obligation, implied or otherwise, and the remain" 8. Resolved, That Congress has no power to der as Texas shall require. prohibit or obstruct the trade in slaves between 3. Resolved, That when the population of the Slaveholding States, but that the admission that portion of the territory claimed by Texas, or exclusion of Slaves brought from one into lying south of the thirty-fourth parallel of north another of them, depends exclusively upon their latitude and west of the Colorado, shall be equal own particular laws." to the ratio of representation in Congress, under the last preceding apportionment, according to Feb. 28th.-Mr. John Bell of Tenn. sub- the provisions of the Constitution, and the people mitted to the Senate the following propo- of such territory shall, with the assent of the new sitions: State eontemplated in the preceding resolution, ^"^619~~.~~ ~have adopted a State Constitution, republican in " WIereas, Considerations of the highest inter- form, they be admitted into the Union as a State, est to the whole country demand that the existing upon an equal footing with the original States. and increasing dissensions between the North and "4. Resolved, That all the territory now the South, on the subject of Slavery, should be claimed by Texas, lying north of the thirty-fourth speedily arrested, and that the questions in con- parallel of north latitude, and which may be troversy be adjusted upon some basis which shall ceded to the United States by Texas, be incorportend to give present quiet, repress sectional ani- ated with the Territory of New-Mexico, except mosities, remove, as far as possible, the causes such part thereof as lies east of the Rio Grande of future discord, and secure the uninterrupted and south of the thirty-fourth degree of north enjoyment of those benefits and advantages which latitude, and that the Territory so composed form the Union was intepded to confer in equal measure a State, to be admitted into the Union when the upon all its members; inhabitants thereof shall adopt a State Constitu"And, whereas, It is manifest, under present tion, republican in form, with the consent of Concircumstances, that no adjustment can be effected gress; but, in the mean time, and until Congress of the points of difference unhappily existing be- shall give such consent, provision be made for tween the Northern and Southern sections of the the government of the inhabitants of said TerriUnion, connected with the subject of Slavery, tory suitable to their condition, but without any which shall secure to either section all that is con- restriction as to Slavery. THE COMPROMISE OF 1850. 57 "5. Resolved, That all the territory ceded to by his slave-property, and to enjoy the same the United States, by the Treaty of Guadaloupe therein, free from all molestation or hindrance Hidalgo, lying west of said Territory of New- whatsoever. Mexico, and east of the contemplated new State "3. Whether Slavery is or is not likely to be of California, for the present, constitute one Ter- introduced into these territories, or into any of ritory, and for which some form of government them, is a proposition too uncertain, in my judgsuitable to the condition of the inhabitants be ment, to be at present positivelyaffirmed; and I provided, without any restriction as to Slavery. am unwilling to make a solemn legislative decla"6. Resolved, That the constitution recently ration on the point. Let the futureprovide the formed by the people of the western portion of appropriate solution of this interesting question. California, and presented to Congress by the Pre- " 4. Considering, as I have several times heresident on the 13th day of February, 1850, be ac- tofore formally declared, the title of Texas to all cepted, and that they be admitted into the Union the territory embraced in her boundaries, as laid as a State, upon an equal footing in all respects down in her law of 1836, full, complete, and undewith the original States. niable, I am unwilling to say anything, by reso" 7. Resolved, That, in future, the formation of lution or otherwise, which may in the least deState'Constitutions, by the inhabitants of the gree draw that title into question, as I think is territories of the United States, be regulated by done in one of the resolutions of the honorable law; and that no such constitution be hereafter Senator from Kentucky. formed or adopted by the uhabitants of any Ter- "5. I am, upon constitutional and other ritory belonging to the United States, without grounds, wholly opposed to the principle of asthe consent and authority of Congress. suming State debts, which I understand to be " 8. Resolved, That the inhabitants of any embodied in one of the resolutions of the honTerritory of the United States, when they shall orable Senator from Kentucky. If Texan soil is be authorized by Congress to form a State Con- to be bought, (and with certain appropriate safe. stitution, shall have the sole and exclusive power guards, I am decidedly in favor of it,) let us pay to regulate and adjust all questions of internal to the sovereign State of Texas the value thereof State policy, of whatever nature they may be, in money, to be used by her as she pleases. It controlled only by the restrictions expressly will be, as I think, more delicate and respectful imposed by the Constitution of the United to let her provide for the management of.this States. matter, which is,trictly domestic in its charac"9. Resolved, That the Committee on Terri- ter, in such manner as she may choose-presumtories be instructed to report a bill in conformity ing that she will act wisely, justly, and honorably with the spirit and principles of the foregoing re- toward all to whom she may be indebted. solutions." "6. As to the abolition of the slave-trade in the District of Columbia, I see no particular obA debate of unusual duration, earnestness, jection to it, provided it is done in a delicate and and ability ensued, mainly on Mr. Clays, judicious manner, and is not a concession to the and ability ensued, mainlymenaces and demands of factionists and fanatics. Resolutions. They were regarded by uncom- If other questions can be adjusted, this one will, promising champions, whether of Northern perhaps, occasion but little difficulty. or of Southern views, but especially of the "7. The resolutions which provide for the reslatter, as conceding substantially the matter tortion of fugitives from labor or service, and ulatter e as concedinger substantialleThusfor the establishment of territorial governments, in dispute to the other Side. Thus, free from all restriction on the subject of Slavery, Jan. 29th.-Mr. Clay having read and have my hearty approval. The last resolutionbriefly commented on his propositions, seria- which asserts that Congress has no power to tim, he desired that they should be held prohibit the trade in Slaves from State to StateI equally approve. over without debate, to give time for con- 8. If all other questions connected with the sideration, and made a special order for subject of Slavery can be satisfactorily adjusted, Monday or Tuesday following. But this I can see no objection to admitting all Caliornia, was not assented to. above the line of 36 deg. 30 min., into the Union; wasno askosentoned to. ost agis provided another new Slave State can be laid JMr. Rusk rose at once to protest againstoff within the present limits of Texas, so as to that portioi of them which called in ques- keep the present equiponderance between the tion the right of Texas to so much of New- Slave and Free States of the Union; and proMexico as lies east of the. Rio del Norte. vided further, all this is done by way of comMr. Foote of Sliss. spoke against them promise, and in order to save the Union, (as dear Mr. F boote of Miss. s poke a gainst them to me as to any man living.") generally, saying: "If I understand the resolutions properly, they Mr. Mason of Va., after expressing his are objectionable, as it seems to me, "1. Because they only assert that it is not expe- furthest, but within the limits of strict dient that Congress should abolish Slavery in the duty, in adjusting these unhappy differDistrict of Columbia; thus allowing the implica- ences " added tion to arise that Congress has power to legislate on the subject of Slavery in the District, which "Sir, so far as I have read these resolutions, may hereafter be exercised, if it should become there is but one proposition to which I can give expedient to do so; whereas, I hold that Con- a hearty assent, and that is the resolution which gress has, under the Constitution, no such power proposes to organize Territorial governments at at all, and that any attempt thus to legislate would once in these Territories, without a declaration be a gross fraud upon all the States of the Union. one way or the other as to their domestic institu"2. The Resolutions of the honorable Senator tions. But there is another which I deeply regret assert that Slavery does not now exist by law in to see introduced into this Senate, by a Senator the territories recently acquired from Mexico; from a slaveholding State; it is that which assumes whereas, I am of opinion that the treaty with the that Slavery does not now exist by law in those Mexican republic carried the Constitution, with countries. I understand one of these propositions all its guaranties, to all the territory obtained by to declare that, by law. Slavery is now abolished treaty, and secured the privilege to every South- in New-Mexico and California. That was the very ern slaveholder to enter any part of it, attended proposition advanced by the non-slaveholding 58 THE STRUGGLE FOR SLAVERY RESTRICTION. Sttes at the last session; combated and dis- anty or counteracting measure is connected with proved, as I thought, by gentlemen from the slave- it." holding States, and which the Compromise bill was framed to test. So far, I regarded the ques- Mr. Clay in reply said: tion of law as disposed of, and it was very clearly "I am extremely sorry to hear the Senator and satisfactorily shown to be against the spirit from Mississippi say that he requires, first, of the resolution of the Senator from Kentucky. the extension of the Missouri Compromise line to If the contrary is true, I presume the Senator the Pacific; and also that he is not satisfied with from Kentucky would declare that if a law is now that, but requires, if I understood him correctly, valid in the Territories abolishing Slavery, that it a positive provision for the admission of Slavery could not be introduced there, even if a law was south of that line. And now, sir, coming from a passed creating the institution, or repealing the Slave State, as I do, I owe it to myself, I owe it statutes already existing; a doctrine never as- to truth, I owe it to the subject, to state that no sented to, so far as I know, until now, by any earthly power could induce me to vote for a speSenator representing one of the slaveholding cific measure for the introduction of Slavery States. Sir, I hold the very opposite, and with where it had not before existed, either squth or such confidence, that at the last session I was north of that line. Coming as I do from a Slave willing and did vote for a bill to test this question State, it is my solemn. deliberate, and well-main the Supreme Court. Yet this resolution as- tured determination that no power-no earthly sumes the other doctrine to be true, and our assent power-shall compel/ne to vote for the positive is challenged to it as a proposition of law. introduction of Slavery either south or north of "I do not mean to detain the Senate by any dis- that line. Sir, while you reproach, and justly, cussion; but I deemed it to be my duty to enter a too, our British ancestors for the introduction of decided protest, on the part of Virginia, against this institution upon the continent of America, I such doctrines. They concede the whole question am, for one, unwilling that the posterity of the at once, that our people shall not go into the new present inhabitants of California and of NewTerritorie and take their property with them; a Mexico shall reproach us for doing just what we doctrine to which I never will assent, and for reproach Great Britain for doing to us. If the which, sir, no law can be found. There are other citizens of those Territories choose to estabportions of the resolutions, for which, if they could lish Slavery, I am for admitting them with such be separated, I should be very willing to vote. provisions in their constitutions; but then, it That respecting fugitive slaves, and that respect- will be their own work, and not ours, and their ing the organization of governments in these posterity will have to reproach them, and not us, Territories, I should be willing to vote for; and I for forming constitutions allowing the institnam happy to declare the gratification I experience tion of Slavery to exist among them. These are at:fninng Jhe Senator from Kentacky difering so my views, sir, and I choose to express them; much,on this subjet, from the Executive message and I care not how extensively and universally recently laid before the Senate. I beg not to be they are known. The honorable Senator from understood as having spoken in any spirit of an- Virginia has expressed his opinion that Slavery kindness towards the Senator from Xentucky, exists in these Territories, and I have no doubt for whom I entertain the warmest and most pro- that opinion is sincerely and honestly entertained found respect; but I cannot but express also my by him; and I would say with equal sincerity and regret that he has felt it to be his duty, standing honesty, that I believe that Slavery nowhere as he does before this people, and representing exists within any portion of the Territory acthe people he does, to introduce into this body quired by us from Mexico. He holds a directly resolutions of this kind." contrary opinion to mine, as he has a perfect right to do; and we will not quarrel about that Mr. Jefferson Davis of Miss. (since and difference of opinion." now Secretary of War) objected specially to Mr. William R. King of Ala. was inso much of Mr. Clay's propositions as relates dined to look with favor on Mr. Clay's proto the boundary of Texas, to the Slave-trade positions, and assented to some of them; but in the Federal district, and to Mr. Clay's he objected to the mode in which California avowal in his speech that he did not believe had formed what is called a State ConstituSlavery ever would or could be established tion. He preferred the good old way of first in any part of the territories acquired from organizing Territories, and so training up Mexico. He continued: their people "for the exercise and enjoyment of our institutions." Besides, he " But, sir, we are called upon to receive this as ameasure of compromise! As a measure in which thought "there was not that kind of popuwe of the minority are to receive nothing. A lation there that justified the formation of a measure of compromise! I look upon it as but State Government." On the question of a modestmode of taking that, the claim to which Slavery in the new Territories, he said: has been more boldly asserted by others; and, that I may be understood upon this question, "With regard to the opinions of honorable and that my position may go forth to the coun- Senator, respecting the operation of the laws of try in the same columns that convey the senti- Mexico m our newly-acquired territories, there ments of the Senator from Kentucky,' I here may be, and no doubtis, an honest difference of assert, that never will I take less than the Mis- opinion with regard to that matter. Some believe souri Compromise line extended to the Pacific that the municipal institutions of Mexico overocean, with the specific recognition of the right rule the provisions of our Constitution, and pre to hold slaves in the territory below that line; vent us from carrying our slaves there. That is and that, before such territories are admitted in- a matter which I do not propose to discuss; it has to the Union as States, slaves may be taken there been discussed at length in the debate upon the from any of the United States at the option of Compromise bill, puting it on the ground of.a the owners. I can never consent to give addi- judicial decision. Sk, I know not-nor is it a tional power to a majority to commit further ag- matter of much importance with me-whether gressions upon the minority in this Upion; and that which the honorable Senator states to be a will never consent to any proposition which fact, and which, as has been remarked by the will have such a tendency, without a full guar- Senator from Mississippi, can only be conjectural, THE COMPROMISE OF 1850. $9 be in reality so or not-that Slavery never can go than this: That California is already disposed of there. This is what is stated, however. Well, having formed a State Constitution, and tha. be it so.,f slave labor be not profitable there, Territorial Governments shall be organized for it will not go there; or, if it go, who will be Deseret and New-Mexico, under which, by the benefited? Not the South. They will never operation of laws already existing, a slaveholdcompel it to go there. We are misunderstood- ing population could not carry with them, or own grossly, I may say-by honorable Senators, slaves there. What is there in the nature of a though not intentionally; but we are contending compromise here, coupled, as it is, with the profor a principle, and a great principle-a principle position that, by the existing laws in the Terrilying at the very foundation of our constitutional tories, it is almost certain that slaveholders canrights —involving,- as has been remarked, our not, and have no right to, go there with their property; in one word, involving our safety, our property? What is there in the nature of a comhonor, all that is dear to us, as American free- promise here? I am willing, however, to runthe men. Well, sir, for that principle we will be corn- risks, and am ready to give to the Territories the pelled to contend to the utmost, and to resist ag- governments they require. I shall always think gression at every hazard and at every sacrifice.'that, under a constitution giving equal rights to That is the position in which we are placed. We all parties, the slaveholding people, as such, can ask no act of Congress-as has been properly in- go to these Territories, and retain their property timated by the Senator from Mississippi-to carry there. But, if we adopt this proposition of the Slavery anywhere. Sir, I believe we have as Senator from Kentucky, it is clealy on the basis much constitutional power to prohibit Slavery that Slavery shall not go there. from going into the territories of the United "I do not understan the Senator from MissisStates, as we have to pass an act carrying Slave- sippi (Mlr. Davis) to maintain the proposition, ry there. We have no right to do either the one that the South asked or desired a law declaring or the other. I would as soon vote for the Wil- that Slavery should go there, orthat it maintained mot Proviso as I would vote for any law which the policy even that it was the duty of Congress required that Slavery should go wte any of the to paes such a law. We have only asked, and it Territories." is the only compromise to which we will submit,.that Congress shall withhold the hand of violence Mr. Downs of Louisiana said: from the Territories. The only way in which "I must confess that, in the whole course of this question can be settled is, for gentlemen my life, my astonishment has never been greater from the North to withdraw all their opposition than it was when I saw this [Mr. Clay'] pro- to the Territorial.Governmen, and not insist on position brought forward as a coaproSe;, d their Slavery Prohibition. The Union is then I rise now, sir, not for the purpose of discussing safe enough. Why, then, insist ona compromise, it at all, but to protest most holemnly agains it. when those already made arsnfficient for the I consider this compromise as no cofopromise at peace of the North and South, if faithfully oball. What, sir, does it grantt tthe South? I served? These propositions are in the name of can see nothing at all. Teo fyrst resolution offer- a compromise, when none is necessary." ed by the honorable Senator proposes to admit the State of California with a provision prohibit- The debate having engrossed the attention ing Slavery in territory which embraces all our of the Senate for nearly two monthspossessions on the Pacifc. It is true, there may March 25th-Mr from he C be a new regulation of the boundary hereafter; Mah 2th.Mr. ug, fo Com but, if there were to be such g regulatioa, why mittee oa Territores,erte the following was it not embraced in this,reolution As no bills: boundary is mentioned, we lveft" rit.'p resume that the boundaryD St bliid bir the admion.f Caistitution of California was o be reiled as the forila into the Unilon, established boundary.'W acncesiU, then,'Senat, e T.-A bill to estabishb the Territorial is it from the North, that we' admiit na tte thus Governments of Utah and New-Mexico, and for prohibiting Slavery, embraimg the whole of our other purposes. possessions on the Pacifio cdast, according to These bills were read, and-passed to a these resolutions? As to th resolution relating to New-Mexico and Deseret, if it had sply con- second reading. tained the provision that a constitutional govern-. ril 11t. —Mr. Douglasmoved that Mr. ment shall be established there, without any e d n e. Lost mention of Slav wrywhtevr, i woW hav t e l es do lie the table. st: well enough. But, i;amu ch sit i airr edthct Yeas 26; bays 28. Slavery ades not now exist'i the Territories, April 15h.-he disssion of Mr. Clay's'does it' not abiolutely precude'its adissop a there? and the resoluQtis ight j ag wel resolutiQns still proceeding, Colonel Benton affirm that Slavery should bhe rhibited in these movdtbllt thepreviosorders be postponed, Territories. Tbe Senator from Aabamaif un- and that the Sente ow proceed to conderstood him aright, maintains tht the p.ropsi- o sider the bill (S. 16) for the admission of tion is of the same import as the Wilmot Pro- the State of California. vise; and, in view of these facts, I would ask, i there anything conceded to us of the Suth' Mr. Clay moved that thi roposition do lie on the table. Carried: Yeas 27 (for a Mr. Butler of South Carolina said: Compromise); Nays 24 (for a settlement " Perhaps our Northern brethren ought to un- without compromise). derstand that all the Compromises that have been The Senate now took up Mr. Bell's remade, have been by concessions-acknowledged solves afosaid, Benton m concessions-on the part of the South. Whe, when Mr. Benton moved other compromises are proposed, that require that they lie on the table. Lost: Yeas 24;' new concessions on thei part, whilst none are Nays 28. exacted on the other, the sue, at least, should be Mr. Benton next moved that they be so presented for their consideration before they amended as not to connect or mix the come to the decision of their great question. If am ea o wi uyt I understand it, the Senator from Kentucky's admission of California with any other whole proposition of compromise is nothing more question. Lost: Yeas 23; Nays 28. 60 THE STRUGGLE FOR SLAVERY RESTRICTION. Various modifications of the generic idea Tennessee, Mr. Bell. By a provision in the were severally voted down, generally by large resolution of Congress annexing Texas to the majorities. United States, it is declared that " new States of majorities. convenient size, not exceeding four in number On motion of Mr. Foote of Miss., it was by the consent of said State, be formed out of now the territory thereof, which shall be entitled to admission, under the provisions of the Federal " Ordered, That the resolution submitted by Constitution; and such States as may be formed Mr. Bell on the 28th February, together with the out of that portion of said territory lying South resolutions submitted on the 29th of January by of 360 30' North latitude, commonly known as Mr. Clay, be referred- to a Select Committee of the Missouri Compromise line, shall be admitted thirteen; Provided, that the Senate does not into the Union with or without Slavery, as the deem it necessary, and therefore declines, to ex- people of each State asking admission may depress in advance any opinion, or to give any in- sire." Btruction, either general or specific, for the guidance of the said Committee." The Committee are unanimously of opinion, ance* o f 7n~i a siid 3om 3t" that whenever one or more States, formed out April 19th.-The Senate proceeded to of the territory of Texas, not exceeding four, elect by ballot stich Select Committee, which having sufficient population, with the consent of was composed as follows: Texas, may apply to be admitted into the Union, Ur. Henry CIay of iy. Chairman. they are entitled to such admission, beyond all ess. Dickinon of N. Y Cooper of Pa. doubt, upon the clear, unambiguous, and absolute Messs.Dciso of Vt. Y Dowp of PLa. terms of the solemn compact contained in the ^Phelps of Vt. Downs^^ of Resolution of Annexation adopted by Congress, Bell of Tenn. King of Ala. and assented to by Texas. But, whilst -the ComWebster of Mai s Mangum of N. C. mittee conceive tuat the right of admission into Webster as. ofiMs osn a the Union of any new State, carved out of the Berrien of Ga. Bright of Ind. Territory of Texas, not exceeding the number speMay 8th._-Mr, Clay, from said Com- cified, and under the conditions stated, cannot be *~++^e, e 4. xfo 11. Justly controverted, the Committee do not think mittee, reported as followsthat the formation of any new States should now ~D7REPORT> ~ originate with Congress. The initiative, in conREPORT-i. formity with the usage which has hitherto preThe Senate's Committee of thirteen, to whom vailed, should be taken by a portion of the peowere referred various resolutions relating to ple of Texas themselves, desirous of constituting California, to other portions of the territory a new State, with the consent of Texas. And in the formation of such new States, it will be for recently acquired by the United States from the people composing it to decide for themselves the Republic of Mexico, and to other subjects whether they will admit, or whether they will exconneted with the institution of Slavery, have, lude, Slavery. And however they may decide t, that purely municipal question, Congress is bound according to order, had these resolutions and to acquiesce, and to fulfill in good faith the stipusubjects under consideration, and beg leave to lations of the compact with Texas. The Commitsubmit the following Report: tee are aware that it has been contended that the,resolution of Congress annexing Texas was unThe Committee entered on the discharge of constitutional. At a former epoch of our countheir duties with a deep sense of their great im- try's history, there were those (and Mr. Jefferson, portance, and with earnest and anxious solicitude under whose auspices the treaty of Louisiana to arrive at such conclusions as might be satis- was concluded, was among them,) who believed factory to the Senate and to the country. Most that the States formed out of Louisiana could not of the matters referred have not only been sub- be received into the Union without an amendjected to extensive and serious public discussion mentof the constitution. But the States of Louithroughout the country, but to a debate in the siana, Missouri, Arkansas, and Iowa have been Senate itself, Bingula for its elaborateness and all, nevertheless, admitted. And who would now its duration; so that a full exposition of all those think of opposing Minnesota, Oregon, or new motives and views which, on several subjects States formed out of the ancient province of confided. to the Committee, have determined the Louisiana, upon the ground of an alleged original conclusions at which they have arrived, seems defect of constitutional power? Ip grave nationquite unnecessary. They will, therefore, restrict al transactions, while yet in their earlier or inthemselves to a few general observations, and to cipient stages, differences may well exist; but some reflections which grow out of those sub- when once they have been decided by a constitujects, tional majority, and are consummated, or in a Out of our recent territorial acquisitions, and process of consummation, there can be no other in connection with the institution of Slavery, safe and prudent alternative than to respect the questions most grave sprung, which, greatly di- decision already rendered, and to acquiesce in it. viding and agitating the people of the United Entertaining these views, a majority of the ComnStates, have threatened to disturb the harmony, mittee do not think it necessary or proper to reif not to endanger the safety, of the Union. The commend, at this time, or prospectively, any new Committee believe it to be highly desirable and State or States to be formed out of the territory necessary speedily to adjust all those questions, of Texas. Should any such State be hereafter in a spirit of concord, and in a manner to pro- formed, and present itself for admission into the duce, if practicable, general satisfaction. They Union, whether with or without the establishment think it would be unwise to leave any of them of Slavery, it cannot be doubted that Congress will open and unsettled, to fester in the public mind, admit it, under the influence of similar consideraand to prolong, if not aggravate, the existing tions, in regard to new States formed of or out of agitation. It has been their object, therefore, in New-Mexico and Utah, with or without the instithis Report, to make such proposals and recom- tution of Slavery, acceding to the constitutions mendations as would accomplish a general ad- and judgment of the people who compose them, justment of all these questions. as to what may be best to promote their happiAmong the subjects referred to the Committee ness. which command their first attention, are the reso- In considering the question of the admission lotions offered to the Senate by the Senator from of California as a State into the Union, a majori THE COMPROMISE OF 1850. 61 ty of the Committee conceive that any irregu- of providing for them government and laws suitlarity, by which that State was organized without ed to their condition. Congress will fail in the the previous authority of an act of Congress, performance of a high duty, if it do not give, ought to be overlooked, in consideration of the or attempt to give to them, the benefit of such omission by Congress to establish any territorial protection, government, and laws. They are not government for the people of California, and the now, and for a long time to come may not be, preconsequent necessity which they were under to pared for State government. The territorial create a government for themselves, best adapted form, for the present, is best suited to their condito their own wants. There are various instances, tion. A bill has been reported by the Committee prior to the case of California, of the admission on Territories, dividing all the territory acquired of new States into the Union without any pre- from Mexico, not comprehended within the limits vious authorization by Congress. The sole con- of California, into two territories, under the names dition required by the Constitution of the United of New-Mexico and Utah, and proposing for each States, in respect to the admission of anew State, a territorial government. is, that its constitution shall be republican in The Committee recommend to the Senate the form. California presents such a constitution; establishment of those territorial governments; and there is no doubt of her having a greater and, in order more certainly to secure that desirapopulation than that which, according to the ble object, they also recommend that the bill practice of the government, has been heretofore for their establishment be incorporated in the bill deemed sufficient to receive a new State into the for the admission of California, and that, united Union. together, they both be passed. In regard to the proposed boundaries of Cali- The combination of the two measures in the fornia, the Committee would have been glad if same bill is objected to on various grounds. It there existed more full and accurate geographi- is said that they are incongruous, and have no cal knowledge of the territory which these bound- necessary connection with each other. A majority aries include. There is reason to believe that, of the Committee think otherwise. The object large as they are they embrace no very dispro- of both measures is the establishment of a governportionate quantity of land adapted to cultlva- ment suited to the conditions, respectively, of tion. And it is known that they contain exten- the proposed new State and of the new Territosive ranges of mountains, deserts of sand, and ries. Prior to their transfer to the United States, much unproductive soil.' It might have been, they both formed a part of Mexico, where they perhaps, better to have assigned to California a stood in equal relations to the government of that more limited front on the Pacific; but even if republic. They were both ceded to the United there had been reserved, on the shore of that States by the same treaty. And, in the same arocean, a portion of the boundary which itpresents, tide of that treaty, the United States engaged to for any other State or States, it is not very protect and govern both. Common in their oricertain that an accessible interior of sufficient gin, common in their alienation from one forextent could have been given to them to render eign government to another, common in their an approach to the ocean, through their own lim- wants of good government, and conterminous in its, of very great importance. some of their boundaries, and alike in many parA- majority of the Committee think that there ticulars of physical condition, they have nearly are many and urgent concurring considerations everything in common in the relation in which in favor of admitting California, with the pro- they stand to the rest of this Union. Thereis, then, posed boundaries, and of securing to her at this a general fitness and propriety in extending the time the benefits of a State government. If, parental care of government to both in common. hereafter, upon an increase of her population, a If California, by a sudden and extraordinary augmore thorough exploration of her territory, and mentation of population, has advanced so rapidly an ascertainment of the relations which may as to mature tor herselfa State Government, that arise between the people occupying its various furnishes noreason why the less fortunate Territoparts, it should be found conducive to their con- ries of New-Mexico and Utah should be abanvenience and happiness to form a new State out doned and left ungoverned by the United States, of California, we have every reason to believe, or should be disconnected with California, which, from past experience, that the question of its ad- although she has organized for herself a State mission will be fairly considered and justly de- Government, must, legally and constitutionally, cided. be regarded as a Territory until she is actually A majority of the Committee, therefore, recom- admitted as a State into the Union. mend to the Senate the passage of the bill re- It is further objected that, by combining the ported by the Committee on Territories, for the two measures in the same bill, members who admission of California as a State into the Union. may be willing to vote for one, and unwilling to To prevent misconception, the Committee also vote for the other, would be placed in an embarrecommend that the amendment reported by the rassing condition. They would be constrained, it same Committee to the bill be adopted, so as to,is urged, totakeorrejectboth. On theotherhand, leave incontestable the right of the United States there are other members who would be willing to the public domain and other public property to vote for both united, but would feel themof California. selves constrained to vote against the California Whilst a majority of the Committee believe it bill if it stood alone. Each party finds in the bill to be necessary and proper, under actual circum- which it favors something which commends it to stances, to admit California, they think it quite acceptance, and in the other something which it as necessary and proper to establish governments disapproves. The true ground, therefore, of the for the residue of the territory derived from Mex- objection to the union of the measures is not ico, and to bring it within the pale of the federal any want of affinity between them, but because authority. The remoteness of that territory from of the favor or disfavor with which they are rethe seat of the general government; the dispersed spectively regarded. In this conflict of opinion, state of its population; the variety of races-pure it seems to a majority of the Committee that a and mixed-of which it-consists; the ignorance spirit of mutual concession enjoins that the two of some of the races of our laws, language, and measures should be connected together-the efhabits; their exposure to inroads and wars of feet of which will be, that neither opinion will savage tribes; and the solemn stipulations of the exclusively triumph, and that both may find, in treaty by which we acquired dominion over them such an amicable arrangement, enough of good -impose upon the United States the imperative to reconcile them to the acceptance of the cornobligation of extending to them protection, and bined measure. And such a course of legisla 62 THE STRUGGLE FOR SLAVERY RESTRICTION. tion is not at all unusual. Few laws have ever Committee believe that they express the anxious passed in which there were not parts to which desire of an immense majority of the people of exception was taken. It is inexpedient, if not the United States, when they declare that it is impracticable, to separate these parts, and em- high time that good feeling, harmony, and fraterbody them in distinct bills, so as to accommodate nal sentiment should be again revived, and that the diversity of opinion which may exist. The the Government should be able once more to proConstitution of the United States contained in reed in its great operations to promote the happiit a great variety of provisions, to some of which ness and prosperity of the country, undisturbed serious objection was made in the convention by this distracting cause. which formed it, by different members of that As for California-far from seeing her sensibody; and, when it was submitted to the ratifica- bility affected by her being associated with other tion of the States, some of them objected to some kindred measure —she ought to rejoice and be parts, and others to other parts, of the same instru- highly gratified that, in entering into the Union, ment. Had these various parts and provisions she may have contributed to the tranquillity and been separately acted on in the convention, or happiness of the great family of States, of which, separately submitted to the people of the United it is to be hoped, she may one day be a distinStates, it is by no means certain that the Consti- guiahed member. tution itself would ever have been adopted or The Committee beg leave next to report or ratified. Those who did not like particular pro- the subject of the Northern and Western bound. visions found compensation in other parts of it. ary of Texas. On that question agreat diversity And in all cases of constitution and laws, when of opinion has prevailed. According to one view either is presented as a whole, the question to of it, the western limit of Texas was the Nueces; be decided is, whether the good which it contains according to another, it extended to the Rio is not of greater amount, and capableof neutraliz- Grande, and stretched from its mouth to its ing anything objectionable in it. And, as nothing source. A majority of the Committee having human is perfect, for the sake of that harmony so come to the conclusion of recommending an amidesirable in such a confederacy as this, we must cable adjustment of the boundary with Texas, be reconciled to secure as much as we can of what abstain from expressing any opinion as to the we wish, and be consoled by the reflection that true and legitimate western and northern boundwhat we do not exactly like is a friendly conces- ary of that State. The terms proposed for such sion, and agreeable to those who, being united an adjustment are contained in the bill herewith with us in a common destiny, it is desirable, reported, and they are, with inconsiderable variashould always live with us in peace and con- tion, the same as that reported by the Committee cord. on Territories. A majority of the Committee have, therefore, According to these terms, it is proposed to been led to the recommendation to the Senate Texas that her boundary be recognized to the Rio that the two measures be united. The bill for Grande, and up that river to the point commonly establishing the two Territories, it will be observ- called El Paso, and thence running up that river ed, omits the Wilmot proviso on the one hand, twenty miles, measured thereon by a straight and, on the other, makes no provision for the in- line, and thence eastwardly to a point where the troduction of Slavery into any part of the new hundredth degree of west longitude crosses Red Territories. River; being the southwest angle in the line deThat proviso has been the fruitful source of signated between the United States and Mexico, distraction and agitation. If it were adopted and and the same angle in the line of the territory set applied to any Territory, it' would cease to have apart for the Indians by the United States. any obligatory force as soon as such Territory If this boundary be assented to by Texas, were admitted as a State into the Union. There she will be quieted to that extent in her title. And was never any occasion for it to accomplish the some may suppose that, in consideration of this professed object with which it was originally concession by the United States, she might, withoffered. This has been clearly demonstrated by out any other equivalent, relinquish any claim the current of events. California, of all the re- she has beyond the proposed boundary; that is, centterritorial acquisitions from Mexico, was that any claim to any part of New-Mexico. But, in which, if anywhere withiht them, the introduc- under the influence of sentiments of justice and tion ofSlavery was most likely totake place; and great liberality, the bill proposes to Texas, for the constitution of California, by the unanimous her relinquishment of any such claim, a large pevote of her convention, has expressly interdicted cniary equivalent. As a consideration for it, it. There is the highest degree of probability and considering that a portion of the debt of that Utah and New-Mexico will, when they come Texas was created on a pledge to her creditors of to be admitted as States, follow the example. The the duties on foreign imports, transferred by the proviso is, as to all those regions in common, a resolution of Annexation to the United States, mere abstraction. Why should it be any longer and now received and receivable in her treasury, insisted on? Totally destitute as it is of any a majority of the Committee recommend the paypractical import, ft has, nevertheless, had the per- ment of the sum of - millions of dollars to nicious effect to excite serious, if not alarming, Texas, to be applied in the first instahce to the consequences. It is high time that the wounds extinction of that portion of her debt for the rewhich it has inflicted should be healed up and imbursement of which the duties on foreign imclosed. And, to avoid, in all future time, the ports were pledged as aforesaid, and the residue agitations which must be produced by the conflict in such manner as she may direct. The sum is of opinion on the Slavery question, existing as to be paid by the United States, in a stock, to be this institution does in some of the States, and created, bearing five per cent. interest annually, prohibited as it is in others, the true principle payable half-yearly, at the treasury of the United which ought to regulate the action of Congress States, and the principal reimbursable at the end in forming Territorial Governments for each of fourteen years. newly-acquired domain, is to refrain from all According to an estimate which has been legislation on the subject in the Territory ac- made, there are included in the territory to which quired, so long as it retains the Territorial form it is proposed that Texas shall relinquish her of Government-leaving it to the people of such claim, embracing that part of New-Mexico lying Territory, when they have attained to the condi- east of the Rio Grande, a little less than 124,933 tion which entitles them to admission as a State, square miles, and about 79,957,120 acres of land. to decide for themselves the question of the allow- From the proceeds of the sale of this land, the ance or prohibition of domestic Slavery. The United States may ultimately be reimbursed a THE COMPROMISE OF 1850. 6S portion, if not the whole, of the amount of what ception of their duty, arising under the Constitas thus proposed to be advanced to Texas. tion of the United States. It is true that a deciIt cannot be anticipated that Texas will de- sion of the Supreme Court of the United States dine to accede to these liberal propositions; but has given countenance to them in withholding if she should, it is to be distinctly understood that their assistance. But the Committee cannot but the title of the United States to any territory ac- believe that the intention of the Supreme Court quiired from Mexico east of the Rio Grande will has been misunderstood. They cannot but think remain unimpaired, and in the same condition as that that Court merely meant that laws of the if the proposals of adjustment now offered had several States, which created obstacles in the never been made. way of the recovery of fugitives, were not auA majority of the Committee recommend to thorized by the Constitution, and not that the the Senate that the section.containing these pro- State laws affording facilities in the recovery of posals to Texas shall be incorporated into the fugitives were forbidden by that instrument. The bill embracing the admission of California as a non-slaveholding States, whatever sympathies State, and the establishment of territorial govern- any of their citizens may feel for persons who ments for Utah and New-Mexico. The definition escape from other States, cannot discharge themand establishment of the boundary between New- selves from an obligation to enforce the ConstituMexico and Texas have an intimate and neces- tion of the United States. All parts of the instrusary connection with the establishment of a ter- ment being dependent upon, and connected with, ritorial government for New-Mexico. To form a each other, ought to be fairly and justly enforced. territorial government for New-Mexico, without If some States may seek to exonerate themprescribing the limits of the Territory, would selves from one portion of the Constitution, other leave the work imperfect and incomplete, and States may endeavor to evade the performance might expose New-Mexico to serious controversy, of the other portions of it; and thus the instruif not dangerous collisions, with the State of ment, in some of the most important provisions, Texas. And most, if not all, the considerations might become inoperative and invalid. which unite in favor of combining the bill for the But, whatever may be the conduct of indiviadmission of California as a State and the Territo- dual States, the duty of the General Government rial bills, apply to the boundary question of Tex- is perfectly clear. That duty is, to amend the as. By the union of the three measures, every existing law, and provide an effectual remedy for question of difficulty and division which has the recovery of fugitives from service or labor. arisen out of the territorial acquisitions from In devising such a remedy, Congress ought, Mexico, will, it is hoped, be adjusted, or placed whilst, on the one hand, securing to the owner in a train of satisfactory adjustment. The Con- the fair restoration of his property, effectually to mittee, availing themselves of the arduous and guard, on the other, against any abuses in the apvaluable labors of the Committee on Territories, plication of that remedy. report a bill, herewith annexed, (marked A,) em- In all cases of arrest, within a State, of persons bracing those three measures, the passage of charged with offenses; in all cases of the pursuit which, uniting them together, they recommend of fugitives from justice from one State to anto the Senate. other State; in all cases of extradition, provided The Committee will now proceed to the con- for by treaties between foreign powers-the prosideration of, and to report upon, the subject of ceeding uniformly is summary. It has never persons owing service or labor in one State es- been thought necessary to apply, in cases of that caping into another. The text of the Constitution kind, the forms and ceremonies of a final trial. is quite clear: " No person held to labor or service And, when that trial does take place, it is in the in one State, under the laws thereof, escaping into State or country from which the party has fled, another, shall, in consequence of any law or regu- and not in that in which he has found refuge. By lation therein, be discharged from such service or the express language of the Constitution, whether labor, but shall be delivered up on the claim of the fugitive is held to service or labor, or not, is the party to whom such service or labor is due." to be determined by the laws of the State from Nothing can be more explicit than this language which he fled; and, consequently, it is moat pro-nothingmore manifest than the right to demand, per that the tribunals of that State should exand the obligation to deliver up to the claimant, pound and administer its own laws. If there any such fugitive. And the Constitution address- have been any instances of abuse, in the erronees itself alike to the States composing the Union ous arrest of fugitives from service or labor, the and to the General Government. If, indeed, Committee have not obtained knowledge of them. there were any difference in the duty to enforce They believe that none have occurred, and that this portion of the Constitution between the such are not likely to occur. But, in order to States and the Federal Government, it is more guard against the possibility of their bccurrence, clear that it is that of the former than of the lat- the committee have prepared, and herewith reter. But it is the duty of both. It is well known port, a section, (marked B,) to be offered to the and incontestable that citizens of slaveholding fugitive bill now before the Senate. According to States encounter the greatest difficulty in obtain- this section, the owner of a fugitfve from service ing the benefit of this provision of the Constitu- or labor is, when practicable, to carry with him tion. to the State in which the person is found a record The attempt to recapture a fugitive is almost from a competent tribunal, adjudicating the fact always a subject of great irritation and excite- of elopement and slavery, with a general dement, and often leads to most unpleasant, if not scription of the fugitive. This record, properly perilous, collisions. An owner of a slave, it is attested and certified under the official seal of the tuite notorious, cannot pursue his property, for court, being taken to the State where the person the purpose of its recovery, in some of the States, owing service or labor is found, is to be held without imminent personal hazard. This is a competent and sufficient evidence of the facts deplorable state of things, which ought to be re- which had been adjudicated, and will leave nomedied. The law of 1793 has been found thing more to be done than to identify the fugiwholly ineffectual, and requires more stringent tive. enactments. There is especially a deficiency in Numerous petitions have been presented praythe number of public functionaries authorized to ing for a trial by jury, in the case of arrest of afford aid in the seizure and arrest of fugitives. fugitives from service or labor in the non-slaveVarious States have declined to afford aid and holding States. It has been already shown that cooperation in the surrender of fugitives from this would be entirely contrary to practice and labor, as the Committee believe, from a miscon- uniform usage in all similar cases. Under the 64 THE STRUGGLE FOR SLAVERY RESTRICTION. name of a popular and cherished institution-an likely to be agreed to. It coulo not be done with. institution, however, never applied in cases of out exciting great apprehension and alarm in the preliminary proceeding, and only in cases of Slave States. If the power were exercised withfinal trial-there would be a complete mockery in this District, they would apprehend that, under of justice, so far as the owner of the fugitive is some pretext or another, it might hereafter be concerned. If the trial by jury be admitted, it attempted to be exercised within the slaveholding would draw after it its usual -consequences; of States. It is true that, at present, all such power continuance from time to time, to bring evidence within those States is almost unanimously disafrom distant places; of second or new trials, in vowed and disclaimed in the Free States. But, excases where the jury is hung, or the verdict is perience in public affairs has too often shown set aside; andof revisals of the verdict and con- that where there is a desire to do a particular duet of thejuries by competent tribunals. Dur- thing, the power to accomplish it. sooner or later, ing the progress of all these dilatory and expen- will be found or assumed. sive proceedings, what security is there as to the Nor does the number of Slaves within the Discustody and forthcoming of the fugitive upon trict make the abolition of Slavery an object of their termination? And if, finally, the claimant any such conseqlence as appears to be attached should be successful, contrary to what happens to it in some parts of the Union. Since the retroin ordinary litigation between free persons, he cession of Alexandria county to Virginia on the would have to bear all the burdens and expenses southside of the Potomac, the District now conof the litigation, without indemnity, and would sists only of Washington county on the north learn, by sad experience, that he had by far bet- side of that river; and the returns of the decenter abandon his right in the first instance, than nary enumeration of the people of the United to establish it at such unremunerated cost and States show a rapidly progressing decrease in heavy sacrifice. the number of slaves in Washington county. But, whilst the Committee conceive that a trial According to tho census of 1830, the number wat by jury in a State where a fugitive from service 4,505; and in 1840, it was reduced to 3,320; showor labor is recaptured, would be a virtual denial ilg a reduction in ten years of nearly one-third. of justice to the claimant of such fugitive, and If it should continue in the same ratio, the numwould be tantamount to a positive refusal to exe- ber, according to the census now about to be cute the provision of the Constitution, the same taken, will be only a little upward of two thouobjections do not apply to such a trial in the State sand. from which he fled. In the slaveholding States. But a majority of the Committee think differfull justice is administered, with entire fairness ently in regard to the Slave-Trade within the and impartiality, in cases of all actions for free- District. By that trade is meant the introducdom. T'he person claiming his freedom is allowed tion of slaves from adjacent States into the Disto sue in forma pauperis; counsel is assigned trict, for sale, or to be placed in depot for the him; time is allowed him to collect his witnesses purpose of subsequent sale or transportation to and to attend the sessions of the court; and his other and distant markets. That trade, a majoriclaimant is placed under bond and security, or is ty of the Committee are of opinion, ought to be divested of the possession during the progress of abolished. Complaints have always existed the trial, to insure the enjoyment of these privi- against it, no less on the part of members of lkges; and, if there be any leaning on the part Congress from the South than on the part of of courts and juries, it is always to the side- of members from the North. It is a trade somethe claimant for freedom. times exhibiting revolting spectacles, and one in In deference to the feelings and prejudices which the people of the District have no interwhich prevail in non-slaveholding States, the est, but, on the contrary, are believed to be deCommittee propose such a trial in the State from sirous that it should be discontinued. Most, if which the fugitive fled, in all cases where he de- not all, of the slaveholding States have, either in dares to the officer giving the certificate for his their constitutions or by penal enactments, proreturn that he has a right to his freedom. Ac- hibited a trade in slaves as merchandise within cordingly, the Committee have prepared, and their respective jurisdictions. Congress, standreport herewith, (marked C), two sections which ing in regard to this District, on this subject, in they recbmmend should be incorporated in the a relation similar to that of the State Legislatures, fugitive bill, pending in the Senate: According to the people of the States, may safely follow the to these sections, the claimant is placed under example of the States. The Committee have probond. and required to return the fugitive to that pared, and herewith report, a bill for the abolicounty in the State from which he fled, and there tion of that trade (marked D), the passage of to take him before a competent tribunal,'and al- which they recommend to the Senate. This bill low him t& assert and establish his freedom, has been framed after the model of what the law if he can, affording to him for that purpose all of Maryland was when the General Government rieedful facilities. was removed to Washington. The Committee indulge the hope that if the The views and recommendations contained in Fugitive bill, Aith the proposed amendments, this report may be recapitulated in a few words: shall be passed by Congress, it will be effectual 1. The admission of any new State or States to secure the recovery of all fugitives from ser- formed out of Texas to be postponed until they vice or labor, and it will remove all causes of shall hereafter present themselves to be received complaint which have hitherto been experienced into the Union, when it will be the duty of Conon that irritating subject. But. if in-its- practi- gress fairly and faithfully to execute the comcal operation it shall be found insufficient, and if pact with Texas, by admitting such new State or no adequate remedy can be devised for the res- States; toration to their owners of fugitive slaves, those 2. The admission forthwith of California into owners shall have a just title to indemnity out the Union, with the boundaries which she has proof the Treasury of the United States. posed; It remains to. report upon the resolutions in 3. The establishment of territorial governments, relation to Slavery and the Slave-Trade in the without the Wilmot Proviso, for New-Mexico District of Columbia. Without discussing the and Utah, embracing all the territory recently power of Congress to abolish Slavery within the acquired by the United States from Mexico, not District, in regard to which a diversity of opin- contained in the boundaries of California; ion exists, the Committee are of opinion that it 4. The combination of these two last-mentionought not to be abolished. It could not be done ed measures in the same bill; without indispensable conditions which are not 5. The establishment of the western and north THE COMPROMISE OF 1850. 65 embomidaries of Texas, and the exclusion from " shall, when ready, able, and willing to beher jurisdiction of all New-Mexico, with the come a State, and deserving to be such, be ad. grant to Texas of a pecuniary equivalent; and mitted with or without Slavery, as the people the section for that purpose to be incorporated in thereof shall desire, and make known through the bill admitting California and establishing ter- their Constitution," ritorial governments for Utah and New-Mexico; This was rejected: Yeas 19 (all Southern); 6. More effectual enactments of law to secure Nays 36. the prompt delivery of persons bound to service Nays 36. or labor in one State, under: the laws thereof, July 10th.- The discussion was interrupted who escape into another State; and, by the death of President Taylor. Millard 7. Abstaining from abolishing Slavery; but, Fillmore succeeded to the Presidency, and under a heavy penalty, prohibiting the slave-trade Wiliam R. fig of Alabama ws chosen in the Districtof Columbia. William R. King of Alabama was chosen in the District of Columbia. If such of these several measures as require President of the Senate, pro tempore. legislation should be carried out by suitable acts July 15th.-The bill was reported to the of Congress, all controversies to which our late Senate and amended so as to substitute "that territorial acquisitions have given rise, and alle no law ea ng or existing questions connected with the institution of Slavery, whether resulting from those acquisi- prohibiting" Slavery in the new territories, tions, or from its existence in the States and the instead of " in respect to" it. Yeas 27; District of Columbia, will be amicably settled Nays 25. and adjusted, in a manner, it is confidently be- Mr. Seward moved to add at the end of lieved, to give general satisfaction to an overwhelming majority of the people of the United the 37th section: States. Congress will have fulfilled its whole " But neither Slavery nor involuntary serviduty in regard to the vast country which, hav- tude shall be allowed in either of the Territories ing been ceded by Mexico to the United States, of New-Mexico or-Utah, except on legal convichas fallen under their dominion. It will have tio for crime." extended to it protection, provided for its several parts the inestimable blessing of free and regular Which was negatived; Yeas and Nays not governments adapted to their various wants, and taken. placed the whole under the banner and the flag J.-T Sa reum he n of the United States. Meeting courageously its e eate rsume e clear and entire duty. Congress will escape the sideration of the; Omnibus bill." unmerited i.proach of having, from considera- Mr. Benton moved a change in the protions of doubtful policy, abandoned to an unde- posed boundary between Texas and Newserved fate territories of boundless extent, with a Mexico. Rejected: Yeas 18; Nays 36. sparse, incongruous, and alien, if not unfriendly te moved that the 34th f population, speaking different languages, and r. oo moved that the 3 parallel of accustomed to different laws, whilst that popula- north latitude be the northern boundary tion is making irresistible appeals to the new of Texas throughout. Lost: Yeas 20; sovereignty to which they have been transferred Nays 34. for protection, for government, for law, and for July 19th —Mr. King moved that the order. The Committee have endeavored to present to parallel of 350 30' be the southern boundary the Senate a comprehensive plan of. adjustment, of the State of California. Rejected: Yeas which, removing all causes of existing excite- 20; Nays37. ment and agitation, leaves none open to divide Mr.Davis f Mississippi moved 36o 30'. the country and disturb the general harmony. r.DavisofMississippi oved 36 30. The nation has been greatly convulsed, not by Rejected: Yeas 23; Nays 32. measures of general policy, but by questions of July 23d.-Mr. Turney of Tenn. moved a sectional -character, and, therefore, more dan- that the people of California be enabled to gerous, and more to be deprecated. It wants re- form a new State Constitution. Lost pose. It loves and cherishes the Union. And it is most cheering and gratifying to witness the Yeas 19; Nays 33. outbursts of deep and abiding attachment to it, Mr. Jeff. Davis of Mississippi moved to which have been exhibited in all.parts of it, add: amidst all the trials through which we have passed, and are passing. A people so patriotic as those of the United States, will rejoice in- an ac- Territory, at thedate of its acuisition by the commodation of all troubles and difficulties b United States, which deny or obstruct the right'which the safety of that Union might have y of any citizen of the United -States to remove been to, and reside in, said Territory, with any species brought into the least danger. And, under the spe blessing of that Providence who, amidst all vicis-of property legally held in any of the States of this Union be and are hereby declared to be situdes, has never ceased to extend to them His a e h y delard to protecting care, His smiles, His blessings, they will continue to advance in population, power, This was rejected: Yeas 22; Nays 33. and prosperity, and work out triumphantly the glorious problem of man's capacity for seltgov- YEAS-For Davis's amendment: ernment. Messrs. Atchison, Mo. King, Aia. Barnwell, S. C. Mangum, N. C. The Senate proceeded to debate from day to Bell, Tenfl. Mason, Va. day the provisions of the principal bill thus Berrien, Ga. Morton, Md. da i ii. J^^T. ^\ i ~ Butler, S. C. Pratt, Md. reported, commonly termed " the Omnibus." Clemens, Ala. Rusk, Texas, June 28th.-Mr. Soule of Louisiana moved Davis, Miss. Sebastian, Ark, that all south of 36~ 30' be cut off from Cali- Dawson, Ga. Soule, La. fornia, and formed into a territory entitled Downs, La. Turney, Tenn. a i r'i * X* J., J.'iI. Houston, Texas, Underwood, K-y. South California, and that said territory Hunter, Va. Yulerwo, la.-2 Hunter, Va. Yulee, Fla.-22. 5 86s THE STERGGLE FOR SLAVERY RESTRICTION. NAYS-Against Davis's amendment: YEAS-For Dawson's amendmet: Messrs., Badger, N. C. Foote, Miss. Messrs. Atchison, Houston, Baldwin, Conn. Greene, R. 1. Badger, Hunter, Benton, Mo. Hale, N. H. Barnwell, Jones, Bradbury, Me. Hamlin, Me. Bell, King, Bright, Ind. Jones, Iowa, Berrien, Mangum, Cass, Mich. Miller, N. J. Butler, Mason, Chase, Ohio. Norris, N. H. Clay, Morton, Clarke, R.I. Pearce, Md. Clemens, Phelps, Clay, Ky. Seward, N. Y, Cooper, Pratt, Cooper, Pa. Shields, Ill. Davis, Miss. Rusk, Davis, Mass. Smith, Conn. Dawson, Sebastian, Dayton, N.J Spruance, Del. Dickinson, Soule, Dickinson, N. Y. Sturgeon, Pa. Dodge, Iowa, Sturgeon, Dodge, Wise. Upham, Vt. Downs, Turney, Dodge, Iowa, Wales, Del. Foote, Yulee-30. Whitcomb, Ind. —'3. 7 ihitcomb,lnd.'^3 ~ NA Y-gainst Dawson's amendment: Mearsra. Baldwin, Hamlin, July 24th,-Mr. Rusk moved that the M entrn, ailler, Rio Grande del Norte be the western bound- Bradbury, Norris, ary of Texas throughout, as defined in her Bright, Pearce, statute of limits. Rejected: Yeas 18 (allhae Seward, 34 Clarke, Shields, Southern) Nays 34 (Douglas not voting).a, Mass. Smith July 25th,-Mr. Hale moved that the true Dayton, Spruance, boundary of Texas be ascertained and con- Dode of ie. Uderwood, formed to, without prejudice on account of EDugla, wpham, Ewing, VWales, anything contained in this bill. Rejected: Felch, Walker, Yeas 23; Nays 30. Greene, Whitcomb, Mr. Benton moved an amendment intended Hale, Winthrop-28. to exclade from Texasevery portion of New- Mr. Bradbury's amendment, thus amendMexico, Rejected: Yeas16; Nays 38. ed, prevailed by a similar vote: Yeas 30; Juy 26th.-Mr. Sewara, moved that Nays 28. New-Mexico be admitted as a State into [It provided for the appointment of comthe Union. Rejected: Yeas 1 (Seward); missioners to determine, in connection with ays 42. commissioners to be chosen by Texas, the July 29th.-~Mr, Dayton of N. J. moved Northern'boundary of that State.] that the true northern boundary of Texas be July 31st.-Mr. Norris of N. H. moved ascertained and settled by an amicable suit to strike from the bill the words, " nor estabbefore the Supreme Court. Rejected: Yeas lishinor prhibiting African Slavery" 18;Nays 34. (which words deny to the Territorial LegisMr. Mason of Virginia moved that the pro- latures the power to establish or prohibit posed commissioners to settle the boundary Slavery). Carried: Yeas 32 Nays 20. of Texas be authorized, in case the true legal (Nays all Southern, but Ewing of Ohio and boundary be found impracticable, toagreeon Whitcomb of Ind.-Cass, Clay, Dayton, and fix a convenient compromise boundary. Dickinson, Douglas, Seward, etc., in the Lot, by a tie: Yeas 29; Nays 29. affirmative.). Mr. Turney moved that no pecuniary con- Mr. Pearce of Md. now moved to strike'sideration be given for any change from the from the bill so much thereof as provides a rightful boundary of Texas. Rejected: Yeas Territdrial Government for New-Mexico, 20; Nays 31.. and for settling the boundary between her July 30th.-Mr. Walker of Miss. moved and Texas. Carried: Yeas 33 (including that this bill do lie on the table. Lost: all the opponets of a compromise, whether Yeas 25; Nays 32. 1from the North or the South, and all those'Yeas 25; Nass 32. m Mr. Dawson of Ga. now moved the fol- averge to paying Texas ten millions of dollowing additional sectionars for relinquishing her pretensions to abw dg auritiha ecti T sorb New-Mexico, with some who would'" And be itfurther enacted, That, until such not vote in this conjunction for the portions time as the boundary line beteen the State of of "the Omnibus" severally disapproved of;)'Tsaes'and the territory-of the United States be:reed to by the Legislature of the State of Nays 22'Texas and. the government of the lUnited States, t ihe Territorial government authorized by this EAS-For breaking up the Omnius": act shall not go into operation east of the Rio Messrs. Baldwin, Hunter,'Grande,-nor shall any State be established for Barnwell, Mason, New-Mexico, embracing any territory east of the Benton, Miller, Ri2,Qrande." Berrien, Morton, Butler, Pearce, This prevailed by the following vote-30 Chase, Phelps, to 28-and gave'the death-blow to the Clarke, Seward, (( o w Bill." Davis, Mass. Shields, Davis, Miss. Smith, THE COMPROMISE OF 1850. 67 Dayton, Soule, Mr. Clemens of Alabama moved that the Dodge, Wise. Turney, bill be postponed to the next session: Lost; Douglas, Underwood, Ewing, UUpham, Ewing, Upham, Yeas 25; Nays 30. Greene Wales, Mr. Atchison's reconsidered motion, to Hale, Walker, strike California out of the bill, now preHamlin, Winthrop, vailed: Yeas 34; Nays 25. Yule~e^-33. The bill being now reduced so as to proNA YS-Against breaking up "the Or- vide merely for the organization of the Ternibus": tory of Utah, Mr. Douglas proposed to Messrs. Atchison, Houston, amend so as to make its southern boundary Badger, Jones, the parallel of 36~ 30' instead of 38~ north Bright, King, latitude: Lost; Yeas 26; (all Southern Cass, Mangum, but Dickinson of N. Y. and Douglas of Clay, Norris, Clemens, Pratt, Ill.) Nays 27; (all Northern but Spruance Dawson, Rusk, and Wales of Delaware-Mr. Clay not presDickinson, Sebastian, ent). Dodge of Iowa, Spruance, After some further attempts to amend, Dowte, WhiStueon, adjourn, etc., the bill, providing only for the organization of the. Territory of Utah, was Mr. Pearce moved a substitute for the passed to its third reading: Yeas 32; Nays sections so stricken out. 18. [Nays all Northern but Bell of TenMr. Hale moved that the bill be postponed nessee.] indefinitely. Negatived: Yeas 27; Nays 32. Aug. lst.-Said bill passed its third readMr. Douglas moved an amendment to Mr. ing without a division. Pearce's substitute, providing that the Ter- Mr. Douglas now called up the original ritorial Government thereby provided for bill providing for the admission of CaliforNew-Mexico shall not go into operation nia, which was again made a special until the boundary of Texas be adjusted. order. Lost: Yeas 24; Nays 33. Aug. 2nd.-Mr. Foote of Miss. again Mr. Turney of Tenn. moved that the bill moved "that the line of 360 30' be the be indefinitely postponed. Lost: Yeas 29; southern boundary of said State: Lost; Nays 30. Yeas 23 (all Southern); Nays 33. Mr. Underwood of Ky. moved to strike Aug. 6th.-Mr. Turney moved" that the out so much of Mr. Pearce's substitute as line of 36~ 30', commonly known as the Mispostponed the organization of a Territorial souri Compromise line, be, and the same Government in New-Mexico to the 4th of hereby is, extended to the Pacific ocean." March ensuing. Lost: Yeas 25; Nays 32. He proposed to admit California with one Mr. Yulee moved to strike out so much representative, on her assent, by convention, of said substitute as provided for the ap- to this boundary; rejected: Yeas 24 (all pointment of commissioners to settle the Southern); Nays, 32 (including Benton, Unboundary between Texas and New-Mexico, derwood, Walker, Spruance, and Wales, and with it the section just struck at by from Slave States; the rest Northern). Mr. Underwood. Carried: Yeas 29; Various motions to adjourn, postpone, etc., Nays 28. were now made and voted down; finally, Mr. Chase now moved that the bill be the Senate was, by the withdrawal of Southpostponed indefinitely: Lost; Yeas 28; ern Members, left without a quorum, and Nays 29. adjourned. The Senate now refused to adopt Mr. Aug. 7th.-The game of moving to postPearce's substitute as amended: Yeas 25; pone, adjourn, etc., consumed all this day Nays 28.. also. Mr. Davis of Miss. moved a new boundary Meantime (August 5th), Mr. Pearce of line for Utah, which was rejected:Yeas22; Md. had introduced a bill to settle the Nays 34. Nrthern and Western boundaries of Texas, Mr. Walker moved to strike out all that (a part of the old overturned " Omnibus,") remained of the bill except so much as pro- which was also sent to the Committee of vides for the admission of California:'Lost; the Whole. Yeas 22; Nays 33. Aug. 6th.-President Fillmore sent a Mr. Phelps of Vt. moved the indefinite Message announcing that Gov. Bell of Texas postponement of the bill: Lost: Yeas 28; had notified the Government of his deterNays 30. mination to extend the authority and jurisMr. Atchison of -Mo. moved to strike diction of Texas over all New-Mexico east out so much of the bill as relates to Califor- of the Rio Grande. The President considnia: Lost by a tie; Yeas 29; Nays 29. ers himself bound to resist this pretension Mr. Winthrop of Mass. moved a recon- -if necessary, by force-does not believe sideration of this vote: Carried; Yeas 33; anything would be effected by commissionNays 26. ers to adjust the boundary,: as the facts in 68 THE STRUGGLE FOR SLAVERY RESTRICTION. the case are already generally understood, adjourn, postpone, and lay on the table, the but intimates that- bill was engrossed for a third reading: "The Government of the United States would Yeas 33; (all the Senators from Free States, be justified, in my opinion, in allowinganindem- with Bell, Benton, Houston, Spruance, nity to Texas, not unreasonable or extravagant, Wales and Underwood;) Nays 19; (all but fair, liberal, and awarded in a just spirit of from Slve States. Mr. la still absent from Slave State. Mr. Clay still absentendeavoring to restore his failing health.) He urges Congress not to adjourn witout Aug. 13th.-The California bill passed settling this boundary question, and says: its third reading: Yeas 34; Nays 18; (all "I think no event would be hailed with more Southern.) gratification by the people of the United States Aug. 14th.-The Senate now took up the than the amicable adjustment of questions of bill Qrganiig the Territories of Newdifficulty which have now for a long time agi- M a it ori y etated the country, and occupied, to the exclusion exico and Utah (as it was originally re of other subjects, the time and attention of Con- ported, prior to its inclusion in Mr. Clay's gress." Omnibus.") The Texas boundary bill being now put Mr. Chase of Ohio moved to amend the ahead of the bill admitting California, Mr. bill by inserting: Dayton moved (Aug. 8th), that Texas be "Nor shall there be in said Territory eithei required to cede her public lands to the Slavery or involuntary servitude, otherwise than in the punishment of crimes Whereof the party United States in consideration of the pay- shal hae puni en of crimes whereof the arty shall have been duly convicted to have been ment to her of $10,000,000 herein given her personally guilty." for the relinquishment of her claim to NewMexico. After the United States shall Which was rejected: Yeas 20; Nays 25. have been repaid the $10,000,000 out of YEAS-For Prohibiting Slavery: the proceeds of these lands, the residue to Messrs. Baldwin, Hamlin revert to Texas: Rejected; Yeas 17 (all Bradbury, Miller, Northern); Nays 32. Bright, Norris, Aug. 9th.-Mr. Underwood moved that Chase, Phels, the Northern boundary of Texas run due Cooper, Shields, Davis, of Mass. Smith, east from a point on the Rio Grande, twen- Dodge, of Wiec. Upham, ty miles above El Paso, to the Red River Felch, Walker, of Louisiana: Rejected; Yeas 24; (all Greene, Whitcomb, Northern, but Wales, Spruance, and Under- Hale, Winthrop-20. wood;) Nays 25. NAYS —Against Prohibiting Slavery: Mr. Mason of Va. moved the giving up Mers. Atchison, Hunter to Texas of all New-Mexico east of the Rio Badger, Jones, Grande: Lost: Yeas 14; Nays 37. Bell, King, Mr. Sebastian moved that the (New- Benton, Mangum, Mexican) Territory, surrendered by Texas in Berien, Mortason, pursuance of the provisions of this bill, shall Davis of Miss. Pratt, be admitted in due time as a State, with or Dawson, Rusk, without Slavery, as its people may deter- Dodge of Iowa, Sebastian, mine: Rejected: Yeas 19; (all Southern but Downs, Soule, Foote, Sturgeon, Dodge of Iowa;) Nays 29-(including Bad- Hoton, Underwood, ger o& N. C., Cass and Dickinson-Clay Yates —5. absent-Douglas, who voted just before and The bill was then reported complete,and just after, did not vote on this.) The bill was now engrossed: Yeas 27; passed to be engrossed. Nays 24; and finally passed: Yeas 30 Aug. 15th.-Said bill had its third readNays 20. - ing, and Was finally passed: Yeas 27; Nays 20.I Aug. 10th.-The California bill was now Nays 10. taken up. Mr. Yulee of Fla. moved asub- [The Senate proceeded to take up, constitute, remanding California to a territorial sider, mature, and pass the Fugitive Slave condition, and limiting he ter southernound- bill, and the bill excluding the Slave-Trade condition, and limiting her southern-bound- ^ ^ D.^".^^^ ^ tt^ ary: Reected; eas 12 (all Southern) from the District of Columbia; but the Nays 35. S ) ^ history of these is but remotely connected Mr. Foote moved a like project, cutting with our heme.] e return to the ouse. off so much of California as lies south of 36 deg. 30 min., and erecting it into the Aug. 19th-The several bills which we territory of Colorado: Rejected; Yeas 13 have been watching on their tedious and (ultra Southern); Nays 29. dubious course through the Senate, having Aug. 12th.-Still another proposition to reached the House, Mr. William J. Brown limit California southwardly, by the line of of Ind. moved that they be taken off the 36 deg. 30 min., was made by Mr. Turney, Speaker's table, and made the special order and rejected: Yeas 20 (all Southern); Nays for to-morrow: Defeated; Yeas 87; Nays 30. After defeating Southern motions to 98. THE COMPROMISE OF 1850. 69 Mr. Ashmun of Mass. made a similar Mr. Tombs of Ga. having moved, as an motion, which was likewise beaten: Yeas amendment to Mr. Boyd's, that the Consti94; Nays 94. tution of the United States and such statutes Aug. 28th..-The California bill was taken thereof as may not be locally inapplicable, up, read twice, and committed. and the common law as it existed on the The Texas bill coming up, Mr. Inge of 4th of July, 1776, should be the exclusive Ala. objected to it, and a vote was taken on laws of said territory, until altered by the its rejection: Yeas 34; Nays 168; so it proper authority, it was voted down: was not rejected. Yeas 65; Nays 132, Mr. Boyd of Ky. moved to amend it so Mr. Boyd's amendment prevailed: Yeas as to create and define thereby the territo- 107; Nays 99. ries of New-Mexico and Utah, to be slave- The.question was now taken on the enholding or not as their people shall deter- grossment of the bill, and it was defeated: mine when they shall come to form State Yeas 99; Nays 107. governments. [In other words, to append Mr. Howard of Texas moved a reconthe bill organizing the territory of New- sideration. Mexico to the Texas bill.] The Speaker decided it out of order, the Mr. Meade of Va. raised the question of billhaving already been once reconsidered. order; but the Speaker ruled the amend- Mr. Howard: appealed, and the House ment in order, and his ruling was sustained overruled the Speaker's decision: Yeas (to by the House: Yeas 122; Nays 84. sustain) 82; Nays 124. Aug. 29th.-The Texas bill was taken The vote rejecting'the bill was reconup. Mr. Clingman of N. C. moved to sidered: Yeas 122; Nays 84. amend so as to limit California by the line Mr. Howard again moved the Previous of 36 deg. 30 min., and establish the Terri- Question, which was seconded, and the Main tory of Colorado. Question ordered: Yeas 115; Nays 97; The Speaker ruled this amendment in or- and the bill wasordered to a third reading: der, and the House sustained him-122 to Yeas 108; Nays 98. It was then passed 67. (as amended on motion of Mr. Boyd):Yeas' Mr. McClernand of Ill. moved the bill to 108; Nays 97. the Committee of the Whole, to which Mr. Sept. 7th.-The California bill now came Root of Ohio moved to add instructions, to up. Mr. Boyd moved his amendment alexclude Slavery from all the Territory ready moved to the Texas bill. Mr. Vinton acquired from Mexico, east of California of Ohio declared it out of order. The Speak(which had already taken care of itself). er again ruled it in order. Mr. Vinton apSept. 2nd.-This bill was, by a two-third pealed, andthe House overruled the Speaker: vote, made a special order henceforth. Yeas (to sustain) 87; Nays 115. Sept. 3rd.-Mr. McClernand withdrew Mr. Jacob Thompson of Miss. moved to his motion, (and Mr. Root's fell with it). cut off from California all below 36~ 30': Sept. 4th. Mr. R. M. McLane called the Rejected: Yeas 76; says 131. Previous Question, which was seconded, and The bill was now ordered to a third readthe main question ordered.-Yeas 133; Nays ing: Yeas 151; Nays 57, and then passed: 68. Yeas 150; Nays 56 (all Southern). The bill was then committed; Yeas 101; The Senate bill organizing the Territory Nays 99. of Utah (without restriction as to Slavery) Mr. Walden of N. Y. moved a reconsider- was then taken up, and rushed through the ation. same day: Yeas 97; Nays 85. [The Nays Mr. Root moved that this do lie on the were mainly Northern Free Soil men; but table: Yeas 103; Nays103. The Speaker some Southern men, for a different reason, voted Nay; so the motion was not laid on voted with them.] the table. Sept. 9th.-The House having returned The motion to reconsider prevailed: Yeas the Texas Boundary bill, with an amend104; Nays 101. The House then refused ment (Linn Boyd's), including the bill orto commit: Yeas 101; Nays 103. ganizing the Territory of New-Mexico Mr. Clingman's amendment, creating the therein, the Senate proceeded to consider Territory of Colorado out of Southern Cali- and agree to the same: Yeas 31; Nays fornia and Utah, was now defeated: Yeas 10, namely: 69; Nays 130. Messrs. Baldwin, Conn. Ewing, Ohio, Mr. Boyd's amendment was then beaten: Benton. Mo. Hamlin, Me. Yeas 98; Nays 106. Chase, Ohio, Seward, N. Y. Mr. Boyd moved a reconsideration, which Davis, ass. Upham, Vt. Dodge, Wise. Winthrop, Miass. prevailed: Yeas 131; Nays 75. Mr. Wentworth of Ill. moved to commit So all the bills originally included in Mr. the bill, with instructions to provide for the Clay's " Omnibus" were passed-two of exclusion of Slavery from all the territory them in the same bill-after the Senate had ceded by Mexico: Lost: Yeas 80; Nays 119. once voted to sever them. 70 THE STRUGGLE FOR SLAVERY RESTRICTION. These acts are substantially as follows: of thirty-two degrees of north latitude to the Rio Bravo del Norte; and thence with the channel of ADMISSION CF CALIFORNIA. said river to the Gulf of Mexico. An Act for the admission of the State of California Second.-The State of Texas cedes to the into the Union. United States all her claims to territories exteWhereas, the people of California have pre-rior to the limits and boundaries, which she sented a Constitution and asked admission into agrees to establish by the first article of this the Union, which constitution was submitted to agreement. Congress by the President of the United States, Third.-The State of Texas relinquishes all by message, dated February 13th, 1850, which, claim upon the United States for liability for the on due examination, is found to be republican in debts of Texas, and for compensation or indemits form of government- nity for the surrender to the United States of her Be it enacted by the Senate and House of Rep- hips, forts, arsenals, custom-houses, customresentatives of the United States of America house revenue, arms and munitions of war, and in Congress assembled, That the State of Cali- public buildings, with their sites, which became fornia shall be one, and is hereby declared to be the property of the United States at the time of one, of the United States of America, and ad- the Annexation. mitted into the Union on an equal footing with Fourth.-The United States, in consideration the original States, in all respects whatever. of said establishment of boundaries, cession of SEC. 2. And be it further enacted, That until claims to territory, and relinquishment of claims, the Representatives in Congress shall be appor- will pay to the State of Texas the sum of ten tioned according to an actual enumeration of the millions of dollars, in a stock bearing five per inhabitants of the United States, the State of cent. interest, and redeemable at the end of fourCalifornia shall be entitled to two representatives teen years, the interest payable half-yearly at the in Congress. Treasury of the United States. SEC. 3. And be it further enacted, That the Fifth.-Immediately after the President of the said State of California is admitted into the United States shall have been furnished with an Union upon the express condition that the people authentic copy of the act of the general assembly of said State, through their legislature or other- of Texas, accepting these propositions, he shall wise, shall never interfere with the primary dis. cause the stock to be issued in favor of the State posal of the public lands within its limits, and of Texas, as provided for in the fourth article of shall pass no law, and do no act, whereby the title this agreement. of the United States to, and right to dispose of, Provided also, That no more than five millions the same, shall be impaired or questioned; and of said stock shall be issued until the creditors of they shall never lay any tax or assessment of any the State, holding bonds and other certificates description whatsoever on the public domain of stock of Texas, for which duties on imports of the United States; and in no case shall were specially pledged, shall first file, at the non-resident proprietors, who are citizens of treasury of the United States, releases of all claims the United States, be taxed higher than resi- against the United States for or on account of dents; and that all the navigable waters within said bonds or certificates, in such form as shall the said State shall be common highways, and be prescribed by the Secretary of the Treasury, for ever free, as well to the inhabitants of and approved by the President of the United said State as to the citizens of the United States, States. without any tax, duty, or impost therefor: Provided, that nothing herein contained shall ORGANIZATION OF NEW-MEXICO. Je construed as recognizing or rejecting the The second section of this act enacts, that all propositions tendered by the people odf Cale that portion of the territory of the United States, fornia as articles of compact in the ordinance bounded as follows, to wit: beginning at a point adopted by the Convention which formed the adopted byitun thav which formed the on the Colorado river where the boundary line constitution of that State. of the republic of Mexico crosses the same; thence Approved, Sept. 9, 1850. eastwardly with the said boundary line to the Rio Grande; thence following the main channel THE TEXAS BOUNDARY. of said river to the parallel of the thirtyAn Act proposing to the State of Texas the establish- second degree of north latitude; thence eastwardly ment of her Northern and Western Boundaries, the with said degree to its intersection with the one relinquishment by the said State of all territory hundred and third degree of longitude west from claimed by her exterior to said boundaries, and of Greenwich; thence north with said degree of all her claims upon the United States. and to estab- longitude to the parallel of the thirty-eighth delish a Telritorial Government for New-Mexico. of north lati thence west w gree of north latitude; thence west with said Be it enacted by the Senate and House of Rep- parallel to the summit of the Sierra Madre; resentatives of the United States of America thence south with the crest of said mountains to in Congress assembled, that the following propo- the thirty-seventh parallel of north latitude; sitions shall be, and the same hereby are, offered thence west with the said parallel to its intersecto the State of Texas; which, when agreed to by tion with the boundary line of the State of Calithe\said State, in an act passed by the General fornia; thence with the said boundary line to the Assembly, shall be binding and obligatory upon place of beginning, be, and the same is hereby, the United States, and upon the said State of erected into a temporary government by the Texas: Provided, That said agreement by the name of the Territory of New-Mexico; Provided, said General Assembly shall be given on or be- That nothing in this act contained shall be confore the first day of December, eighteen hundred strued to inhibit the Government of the United and fifty. States from dividing said Territory into two or First.-The State of Texas will agree that her more territories, in such manner and at such boundary on the North shall commence at the times as Congress shall deem convenient and point at which the meridian of one hundred de- proper, or from attaching any portion thereof to grees west from Greenwich is intersected by the any other Territory or State; Provided further, parallel of thirty-six degrees, and thirty minutes That when admitted as a State, the said Territory, north latitude, and shall run from said point due or any portion of the same, shall be received into west to the meridian of one hundred and three the Union, with or without Slavery, as their degrees west from Greenwich; hence her bound- Constitution may prescribe at the time of their ary shall run due south to the thirty-second de- admission. gree of north latitude; thence on the said parallel The eighteenth section enacts, that the pro THE KANSAS-NEBRASKA STRUGGLE. 71 visions of this act be suspended until the bound- XIV ary between the United States and the State of Texas shall be adjusted, and when such adjust- THE KANSAS-NEBRASKA STRUGGLE. ment shall have been effected, the President of the United States shall issue his proclamation OUT of the Louisiana Territory, sinoe the declaring this act to be in full force and opera- admission first of Louisiana and then of Mistion, and shall proceed to appoint the officers souri a Sla herein provided to be appointed for the said ave States, there h ad been formed Territory. the Territories of Arkansas, Iowa, and MinAppreved Sept., 1850. nesota; the first without, and the two others with, Congressional inhibition of Slavery. ORGANIZATION OF UTAH. Arkansas, in due course, became a Slave, An Act to establish a Territorial Government for and Iowa a Free, State; Minnesota was and Utah. is following surely in the track of Iowa. The Be it enacted by tke Senate and House of Re- destiny of one tier of States, frontin upon presentatives of the United States of America i and westward ofi t heu Congress assembled, That all that part of'theand westward o, the Mississippi, was thus Territory of the United States included within settled. What should be the fate of the the following limits, to wit: bounded on the west next tier? by the State of California, on the north by the The region lying immediately westward of Territory of Oregon, on the east by the summit Missourio in m edity wetwa o of the Rocky Mountains, and on the south by the Misso, with much territory north, as well thirty-seventh parallel of north latitude, be, and as a more clearly defined district south of the same is hereby, created into a temporary it, was long since dedicated to the uses of government, by the name of the Territory of the Aborigines —not merely those who had Utah; and, when admitted as a State, the said riginall inhabited it, but the tribes from Territory, or any portion of the same, shall be os from received into the Union, with or without Slave- time to time removed from the States eastry, as their constitution may prescribe at the ward of the Mississippi. Very little, if any, time of their admission: Provided, That nothing of it was legally open to settlement by in this act contained shall be construed to pro- Whites a with t pti f t f hibit the government of the United States from s; and, wlth the exception of the few dividing said Territory into two or more territo- and small military and trading posts thinly ries, in such manner and at such time as Con- scattered over its surface, it is-probable that gross shall deem convenient and proper, or from scarcely two hundred white families were attaching any portion of said Territory to any located in the spacious wilderness bounded other State or Territory of the United States. [The act proceeds to provide for the appoint- by Missouri, Iowa, and Minnesota on the ment of a territorial governor, secretary, mar- east, the British possessions on the north, shal, judges, etc., etc., and for the election of a the crest of the Rocky Mountains on the council of thirteen, and a house of representatives west, and the settled portion of New-Mexico of twenty-six members; also for a delegate in and the line of 36 30 o the south, at the Congress. All recognized citizens to be voters.and the line of 36 30' on the south, at the The governor shall receive an annual salary of time when Mr. Douglas first, at the session fifteen hundred dollars as governor, and one of 1852-3, submitted a bill organizing the thousand dollars as superintendent of Indian Territory of NEBRASKA, by which title the affairs. The chief ustice and associate justicesove bounded had cometo bevague shall each receive an annual salary of eighteenregion above bounded had come to be vaguehundred dollars. The secretary shall receive an ly indicated. annual salary of eighteen hundred dollars. The This region was indisputably included said salaries shall be paid quarter-yearly, at the within the scope of the exclusion of Slavery Treasury of the United States. The members of from all Federal territory north of 36Q 30', the legislative assembly shall be entitled to receive each three dollars per day during their at- to which the South had assented by the tendance at the sessions thereof, and three dol- terms of the Missouri compact, in order lars each for every twenty miles' travel in going thereby to secure the admission of Missouri to and returning from said sessions, estimated as a Slave State. Nor was it once intiaccording to the nearest usually traveled route. di Sec. 6. And be it further enacted, That the le-g long, earnest, and searchgislative power of said Territory shall extend to ing debate in the Senate on the Compromise all rightful subjects of legislation, consistent measures of 1850, that the adoption of those with the Constitution of the United States and measures whether together or separately the provisions of this act; but no law shall be t ee o i, passed interfering with the primary disposal of would involve or imply a repeal of the Misthe soil; no tax shall be imposed upon the pro- souri Restriction. We have seen in our last perty of the United States; nor shall the lands chapter how Mr. Clay's original suggestion or other property oY non-residents be taxed of a compromise, which was substantially higher than the lands or other property of resi- that ultimately adopted, wa received t dents. All the laws passed by the legislative as-tely adopted, was receive sembly and Governor shall be submitted to the Southern Senators who spoke on its introCongress of the United States, and, if disap- duction, with hardly a qualification, as a virproved, shall be null and of no effect tual surrender of all that the South had ever Sec. 17. And be it further enacted, That the claimed with respect to the new territories. Constitution and laws of the United States are from th respt the n t e toe hereby extended over, and declared to be in And, from the beginning to the close of the force in, said Territory of Utah, so far as the long and able discussion which followed, same, or any provision thereof, may be applica- neither friend nor foe of the Compromises, ble. nor of any of them, hinted that one effect of Approved Sept. 9, 1860. [We have omitted several matter-of-course pro- their adoption would be the lifting of the visions.] Missouri restriction from the territory now 72' THE STRUGGLE FOR SLAVERY RESTRICTION. covred oy it. When the Compromises of session; and, for my own part, I acknowledge 1850 were accepted in 1852 by the Na- now that, as the Senator from Illinois well knows, tionwear e aepted in of 2b the twogret when I came to thiscity, at the beginning of the tional Conventions of the two great parties, last session, I was perhaps as much opposed to. as a settlement of the distracting contro- the proposition, as the Senator from Texas now versv therein contemplated, no hint was is. The Senator from Iowa knows it; and it was added that the Nebraska region, was opened for reasons which Iwill not now mention or sug+1thereby to Slavery -gest. But, sir, I have. from reflection. and investhereby to Slavery. t'tigation in my own mind, and from the opinions of others-my constituents, whose opinions I am bound to respect-come to the conclusion that Several petitions for the organization of now is the time for the organization of this Tera Territory westward of Missouri and Iowa ritory. It is the most propitious time. The treawere presented at the session of 1851-2, but ties with the various Indian tri t titles to whose pbssessions must be extinguished, can no decisive action taken thereon until the better be made now than at any future time; for, next session, when, as thi question is agitated, andas it is underDec. 13th. —Mr. W. P. Hall of Mo., pur- stood, white men, speculators, will interpose, and. suant to notice, submitted to the House a interfere, and the longer it is postponed the mor. suab to oranize the Terid tory of PLATTE, we willhavetotfearfromthtem, and the morediffibill to organize the Territory of PLATTE, cult it will be to extinguish the Indian title in that which was read twice, and sent to the Corn- country, and the harder the terms to be imposed, mittee on Territories. From that. Com- Therefore, Mr. President, for this reason, without mittee, going into detail, I am willing. now that the question shall be taken, whether. wowill proceed to Feb. 2d, 1853. —Mr. W. A. Richardson of the consideration of the bill or not." 111. reported a bill to organize the Territory of NEBRASKA, which was read twice and The meaningis here diplomatically veiled, committed. yetsisperfectlyplain* Gen.Atchisonhiad been Feb. 9th, —The bill was ordered to be averse to organizing this Territory until he taken out of Committee, on motion of W. could procure a relaxation of the Missouri P,.Hall]. Restriction as to Slavery; but, seeing no Feb. 10th.-The bill was reported from present hope of this, he was willing to the Committee of the Whole to the House, waive the point, and assent to an organizawith a recommendation that it do not pass. tion under a bill silent with respect to Mr. Richardson moved the previous ques- Slavery, and of course leaving the Missouri tion, which prevailed. Restriction unimpaired. Mr. Letcher of Va. moved that the bill do.. lie on the table: Lost; Yeas 49 (mainly Gen. Pierce was inaugurated President Southern) Nays 107. on the 4th March, 1853; and, in his InauguThe bill was then engrossed, read a third ral Address, referred to the discussions contime, and passed; Yeas 98; Nays43, (as cerning Slavery and the Compromises of before). 1850 in the following terms: Feb. 11th.-The bill reached the Senate "I believe that involuntary servitude, as it exand was referred to the Committee on Terri- ists in different States of this confederacy, is re tories cognized by the Constitution. I believe that it stands like any other admitted right, and that the Feb. 17th. — r. Douglas reported it with — States where it exists are entitled to efficientremeout amendment. dies to enforce the constitutional provisions, I March 2nd.-(Last day but one of the hold that thelaws of 1850, commonly called the ill ompromise Measures," are strictly constitu-. session), Mr. Douglas moved that the bill be tional, and to beunhesitatingly carriedinto effect. taken up: Lost: Yeas 20; (all Northern I believe that theconstituted authorities of this but Atchison and Geyer of Mo.); Nays 25; Republic are bound to regard the rights of the (21 Southern, 4 Northern). South in this respect, as they would view any March 3rd.-Mr. Douglas again moved other legal and constitutional right and that the Mart h -M.the bill be taken up. laws to enforce them should be respected and that the bill be taken up. obeyed, not with a reluctance encouraged by abMr. Borland of Ark. moved that it do lie stract opinions as to their propriety in a different on the table: Carried: Yeas 23; (all South- state of society, but cheerfully, and according ern but 4;) Nays 17 1 (all Northern but to the decisions of the tribunal to which their exAertchison and Geyer). ys the b ut position belongs. Such have been, and are, my Atchison and Geyer). So the bill was put convictions, and upon them shall I act. I fer convictions, and upon them shall I act. I ferto sleep for the session. vently hope that the question is at rest, and that On the motion to take up-Mr. Rusk of no sectional, or ambitious, or fanatical excitement Texas objecting-Mr. Atchison said: may again threaten the durability of our institutions, or obscure the light of our prosperity." "I must ask the indulgence of the Senate to say one word in relation to this matter. Perhaps The XXXIIId Congress assembled at there is not a State in the Union more deeply in- Washington, Dec. 5th, 1853, with a large terested in this question than the State of Mis- Adm souri. If not the largest, I will say the best inistration majority in either ouse. portion of that Territory, perhaps the only por- Linn Boyd of Ky. was chosen Speaker of tion of it that in half a century will become a the House. The President's Annual MesState, lies immediately west of the State of Mis- sage contained the following allusion to the souri. It is only a question of time, whether suect of Slavery we will organize the territory at this session of u t Slavery Congress, or whether we will do it at the next " It is no part of my purpose to give promi THE KANSAS-NEBRASKA STRUGGLE. 7 nence to any subject which may properly be re- tioned by the approving voice of the American garded as set at rest by the deliberate judgment People, your Committee have deemed it their duty of the people. But, while the present is..right to incorporate, and perpetuate, in their territorial with promise, and the future full of demand and bill, the principles and spirit of those.measures. If; inducements for the exercise of active intel- any other consideration were necessary to render. ligence, the past can never be without useful les- the propriety of this course imperative upon the sons of admonition and instruction. If its dan- Committee, they may be found ln the fact that the gers serve not as beacons, they will evidently Nebraska courltry occupies the same relative fail to fulfill the obj'ec of a wise design. When position to the Slavery question, as did Newthe grave shall have ci.:.ed over all, who are now Mexico and Utah, when those Territories were endeavoring to meet the obligations of duty, the organized. year 1850 will be recurred to asa period filled with It was a disputed point, whether Slavery was. anxious apprehension. A successful war had prohibited by law in the country acquired from just terminated. Peace brought with it a vast Mexico. On the one hand, it.was. contended, as augmentation of territory. Disturbing questions a legal proposition, that Slavery, having been arose, bearing upon the domestic institutions of prohibited by the enactments of Mexico, accordone portion of the confederacy, and involving ing tothelaws of nations, we received the country the constitutional rights of the States. But, not- with all its local laws and domestic institutions withstanding differences of opinion and sentiment attached to the soil, so far as they did not conflict which then existed in relation to. details and with the Constitution of the United States; and specific provisions, the acquiescence of distin- that a law either protecting orprohibiting Slavery, guished citizens, whose devotion to the Union was not repugnant to that instrument, as was can never be doubted, has given renewed vigor evidenced by the fact that one-half of the States to our institutions, and restored a sense of repose of the Union tolerated, while the other half proand security to the public.mind throughout the hibited, the institution of Slavery. On the other confederacy. That this repose is to suffer no hand, it was insisted that, by virtue of the Conshock during my official term, if I have power stitution of the United States, every citizen had to avert it, those who placed me here may be as- a right to remove to any Territory of the Union, sured," and carry his property with him under the proDec. 15th. Mr. A. C. Dodge of Iowa sub- tection of law, whether that property consisted ~nitted to the Senate a bill (No. 22) "To of persons or things. The difficulties arising mitted to the Senate a bill (No. 22) " To from this diversity of opinion, were greatly ag. Organize the Territory of Nebraska," which gravated by the fact that there were many perwas read twice, and referred to the Corn- sons on both sides of the legal controversy, who inittee on Territories, were unwilling to. abide the decision of the courts Jan. 4th.-A Mr. Douglas, from said Corn- on the legal matters in dispute; thus, among, Jan. 4t r., those who claimed that the. Mexican laws were mittee, reported said bill with amendments, still in force, and, consequently, that Slavery was which were printed. The following is the already prohibited in those Territories by valid accompanying Report: enactment, there were many who insisted upon Congress making the matter certain, by enacting The Committee on Territories, to whom was re- another prohibition. In like manner, some of ferred a bill for an act to establish the Terri- those who argued that Mexicanlaw had ceased tory of Nebraska have given the same that tto have any binding force, and that the Constitua toryof Nebraska, have given the same thation tolerated and protected Slave property in serious and deliberate consideration which its those territories, were unwilling to trust the decigreat importance demands, and beg leave to sion of the courts upon the. point, and insisted report it back to the Senate with various amend- that Congress should, by direcenactment, remove all legal obstacles to the introduction of ments, in the form of a substitute for the bill: Slaves into those Territories. The principal amendments which your corn- Such being the character of the controversy in mittee deem it their duty to commend to the fa- respect to the territory acquired from Mexico, a vorable action of the Senate. in a special report, similar question has arisen in regard to the right are those in which the principles established by to hold slaves in the Territory of Nebraska, when the Compromise Measures of 1850, so far as they the Indian laws shall be withdrawn, and the are applicable to territorial organizations, are country thrown open to emigration and settleproposed to be affirmed and carried into practi- ment. By the 8th section of " an act to authorize cal operation within the limits of the new Terri- the people of Missouri Territory to form a Contory. stitution and State Government, and for the adThe wisdom of those measures is attested, not mission of such State into the Union on an equal less by their salutary and beneficial effects, in footing with the original States, and to prohibit allaying sectional agitation and restoring peace Slavery in certain Territories," approved March and harmony to an irritated and distracted, peo- 6th, 1820, it was provided; "That in all that ter pie, than by the cordial and almost universal ritory ceded by France to the United States under approbation with which they have been received the name of Louisiana, which lies north of 36 and sanctioned by the whole country. In the degrees 30 minutes north latitude, not included judgment of your Committee, those measures within the limits of the State contemplated by were intended to have a far more comprehensive this. act, Slavery and involuntary servitude, and enduring effect than the mere adjustment of otherwise thaq in the punishment of crimes difficulties arising out of the recent acquisition whereof the parties shall have been duly conof Mexican territory. They were designed to victed, shall be, and are hereby, prohibited: Proestablish certain great principles, which would vided always, That any person escaping into the not only furni.h adequate remedies for existing same, from whom labor or service is lawfully evils, but, in all time to come, avoid the perils of claimed in any State or Territory of the United similar agitation, by withdrawing the question of States, such fugitive may be lawfully reclaimed, Slavery from the Halls of Congress and the po- and conveyed to the persons claiming his or her litical arena, and committing it to the arbitration labor or service, as aforesaid." of those who were immediately interested in, and Under this section, as in the case of the Mexican alone responsible for, its consequences. With a law in New-Mexico and Utah, it is a disputed view of conforming their action to what they re- point whether Slavery is prohibited in the Ne. gard as the settled policy of the Government, sane- braska country by valid enactment. The deci. 74 THE STRUGGLE FOR SLAVERY RESTRICTION. sion of this question involves the constitutional peals shall be allowed and decided by the said power of Congress to pass laws prescribing and Supreme Court, without regard to the value of regulating the domestic institutions of the various the matter, property, or title in controversy; andl Territories of the Union. In the opinion of those except, also, that a writ of error or appeal shall eminent statesmen who hold that Congress is also b9 allowed to the Supreme Court of the invested with no rightful authority to legislate United States from the decisions of the said upon the subject of Slavery in the Territories, Supreme Court by this act, or of any judge the 8th section of the act preparatory to the ad- thereof, or of the district courts created by this mission of Missouri is null and void; while the act, or of any judge thereof, upon any writ of prevailing sentiment in large portions of the habeas corpus involving the question of personal Union sustains the doctrine that the Constitu- freedom; and each of the said district courts tion of the United States secures to every citizen shall have and exercise the same jurisdiction, in an inalienable right to move into any of the all cases arising under the Constitution and Territories with his property, of whatever kind laws of the United States, as is vested in the and description, and to hold and enjoy the same circuit and district courts of the United States; under the sanction of law. Your Committee do and the said supreme and district courts of the not feel themselves called upon to enter upon the said territory, and the respective judges thereof, discussion of these controverted questions. They shall and may grantwrits of habeas corpus, in all involve the same grave issues which produced cases in which the same are granted by the the agitation, the sectional strife, and the fearful judges of the United States in the District of struggle of 1850. As Congress deemed it wise Columbia. and prudent to refrain from deciding the matters To which may be added the following proposiin controversy then, either by affirming or repeal- tion affirmed by the act of 1850, known as the ing the Mexican laws, or by an act declaratory fugitive slave law: of the true intent of the Constitution, and the That the provisions of the "act respecting extent of the protection afforded by it to Slave fugitives from justice, and persons escaping from property in the Territories, so your Committee the service of their. masters," approved Februare not prepared to recommend a departure from ary 12,1793, and the provisions of the act to the course pursued on that memorable occasion, amend and supplementary to the aforesaid act, either byaffirming or repealing the 8th section approved September 18, 1850, shall extend to, of the Missouri act, or by any act declaratory of and be in force in, all the organized Territories, the meaning of the Constitution in respect to the as well as in the various States of the Union. legal points in dispute. From these provisions, it is apparent that the Your Committee deem it fortunate for the Compromise Measures of 1850 affirm, and rest peace of the country, and the security of the upon, the following propositions: Union, that the controversy then resulted in the.First. —That 11 questions pertaining to adoption of the Compromise Measures, which Slavery in the Territories, and the new States the two.great' political parties, with singular to be formed therefrom, are to be left to the deciunanimity, have affirmed as a cardinal article of sion of the people residing therein, by their aptheir faith, and proclaimed to the world as a propriate representatives, to be chosen by them final settlement of the controversy and an end bor that purpose.. of the agitation. A due respect, therefore, for Second-That "all cases involving title to the avowed opinions of Senators, as well as a slaves," and "questions of personal freedom," proper sense of patriotic duty, enjoins upon your are to be referred to the adjudication of the local Committee the propriety and necessity of a strict tribunals, with the right of appeal to the Supreme adherence to the principles, and even a literal Court of the United States. adoption of the enactments of that adjustment, Third.-That the provisions of the Constituin all their territorial bills, so far as the same are tion of the United States, in respect to fugitives not locally inapplicable. Those enactments em- from service, is to be carried into faithful exebrace, among other things, less material to the cution in all " the original Territories," the same matters under consideration, the following pro- as in the States. visions: The substitute for the bill which your ComWhen admitted as a State, the said Territory, mittee have prepared, and which is commended or any portion of the same, shall be receivedinto to the favorable action of the Senate, proposes to the Union, with or without Slavery, as their con- carry these propositions and principles into pracstitutfon Mray prescribe at the time of their ad- tical operatin, in the precise language of the mission; Compromise Measures of 1850. That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly; That the legislative power of said Territory Jan. 24th.-The bill thus reported was shall extend to all rightful subjects of legislation, considered in Committee of the hole and consistent with the Constitution of the United consere om ee oe an States, and the provisions of this act; but no postponed to Monday next, when it was law shall be passed interfering with the primary made the order of the day. disposal of the soil; no tax shall be imposed The bill was further considered Jan. 31st, upon the property of the United States; nor Feb 3rd, Feb. 5th, shall the lands or other property of non-residents Feb. 3rd, Feb. 5th, and Feb. 6th, when an be taxed higher than the lands or other property amendment reported by Mr. Douglas, deof residents. c daring the Missouri Restriction on Slavery Wrifs of error and appeals from the final deci- inoperative and void," being under considsions of said Supreme Court shall be allowed, eration, Mr. Chase of Ohiomoved to strike and may be taken to the Supreme Court of the n Mr. so h moid tostrike United States in the same manner and under the out the assertion that said Restriction same regulations as from the Circuit Courts of the United States, where the value of the pro- was superseded by the principles of the legisperty or amountin controversy, to be ascertained by the oath or affirmation of either party. or e e other competent witness, shall exceed one thousand dollars; except only that, in all cases involv- This motion was defeated by Yeas 13; ing title to slaves, the said write of error or ap- Nays 30, as follows: THE KANSAS-NEBRASKA STRUGGLE. 75 YEA S-To strike out: souri Restriction. Mr.Dixon thought if that was Messrs. Allen, Ohio, Hamlin, Me. the object, (and he was in favor of it), it should Cass, Mich. Seward, N. Y. be approached in a direct and manly way. He Chase, Ohio, Smith, Conn. was assailed for this in The Union newspaper Everett, M~ass. Stuart, Mich. Fish, N. Y. Sumner, Mass. next morning; but his suggestion was substanFoot, Vt. Wade, Ohio, tially adopted by Douglas, after a brief hesitaWalker, Wisc.-13. tion. Mr. Dixon's proposition, having been NA YS-Against striking out: made in Committee, does not appear in the Jour. Messrs. Adams, Miss. Fitzpatrick, Ala. nal of the Senate, or it would here be given in Atchison, Mo. Geycr, Mo. terms.] Badger, N. C. Hunter. Va. Bayard, Del. Jones, (J. C.) Tenn. The bill was further discussed daily until Bell, Tenn. Mallory, Fla. March 2nd, when the vote was taken on Mr. Benjamin, La. Mason. Va. Chase's amendment, to add to Sec. 14 the Bright, Ind. Norris, N. R. Brodhead, Pa. Pettit, Ind. following words: Butler, S. C. Sebastian, A/r. "Under which the people of the Territory, Clay, (C. C.) Ala. Shields, El.'through their appropriate representatives, may, Dixaon,. holilKyf they see fit, prohibit the existence of Slavery Dixun, Ky. Thompson, Ky. ther se" Dodge, Iowa, Toucey, Conn. theren"Douglas, Ill. Weller, Cal. which was rejected: Yeas 10; Nays 36, as Evans, S. C. Williams, N. H.-30. follows: Feb. 15th.-The bill having been dis- YEAS-For Mr. Chase's Amendment: cussed daily until now, Mr. Douglas moved Messrs. Chase, Hamlin, to strike out of his amendment the words Dodge of Wise. Seward, above quoted (which the Senate had re- Fessenden, Smith, fused to strike out on Mr. Chase's motion,) Fish, Sumner, and insert instead the following: Foot, ade-. "Which, being inconsistent with the principle NAYS-Against Chase's Amendment: of non-intervention by Congress with Slavery in Messrs. Adams, Hunter, the States and Territories, as recognized by the Atchison, Johnson, legislation of 1850, (commonly called the Com- Badger, Jones of Iowa, promise Measures,) is hereby declared inopera- Bell, Jones of Tenn. tive and void; it being the true intent and mean- Benjamin, Mason, ing of this act not to legislate Slavery into any Brodhead, Morton, Territory or State, nor to exclude it therefrom, Brown, Norris, but to leave the people thereof perfectly free to Butler, Pettit, form and regulate their domestic institutions in Clay, (C. C.) Pratt, their own way, subject only to the Constitution Clayton, Rusk, of the United States"- Dawson, Sebastian, Dixon, Shields, which prevailed-Yeas 35; Nays 10-as Dodge of Iowa, Slidell, follows: Douglas, Stuart, Evans, Toucey, YEAS —For Douglas's new Amendment: Fitzpatrick, Walker, Messrs. Adams, Gwin, Gwin, Weller, Atchison, Hunter, Houston, Williams-36. Bayard, Johnson, Bell, Jones of Iowa, Mr. Badger of N. C. moved to add to the Benjamin, Jones of Tenn. aforesaid section: Brodhead, Mason, "Provided, That nothing herein contained Brown, Morton, shall be construed to revive or put inforce any Butler, Norris, law or regulation which may have existed prior Cass, Pearce, to the act of 6th of March, 1820, either protecting Clayton, Pettit, establishing, prohibiting, or abolishing Sla Dawson, Pratt, very." Dixon, Sebastian Dodge of Iowa, Slidell, Carried; Yeas 35; Nays 6, as follows: Douglas, Stuart, Evans, Thompson of Ky. YEAS-For Badger's Amendment: Fitzpatrick, ToombOs, Messrs. Atchison, Houston, Geyer, Weller, Badger, Hunter, Williams-35. Bell, Jones of Iowa, NA YS-Against said Amendment: Benamin, Jones of Te Brodhead, Mason, Messrs. Allen, Foot, Butler, Morton, Chase, Houston, Clay, Norris, Dodge of Wise. Seward, Dawson, Pettit, Everett, Sumner, Dixon, Pratt, Fish, Wade-10. Dodge of Iowa, Seward, [NTE.-Prior to this move of Mr. Douglas, Douglas, Shields Evans, Slidell, Mr. Dixon (Whig) of Ky. had moved to insert a Fish, Smith, clause directly and plainly repealing the Mis- Fitzpatrick, Stuart, VIU~V ~LVVIJ UY r~LYIJ ~Y~VIII~~I 76 THE STRUGGLE FOR SLAVERY RESTRICTION. Foot, Toucey, Dodge of Wisc. Rusk, Gwin, Walker, Dodge of Iowa, Sebastian, Hamlin, Weller, Douglas, Slidell, Williams-35. Evans, Stuart, Fitzpatrick, Williams —30. NAYS-Against said Amendment: Fitzpatrick, Williams-30. erAdas Johnson Mr. Chase then moved to amend the Messrs.Adams, Johnson, Brown, Rusk, Boundary section of Mr. Douglas's amendDodge of Wise. Sebastian-6. ment, so as to have but one Territory Mr. Clayton now moved to strike out so named Nebraska, instead of two, entitled much of said Douglas amendment as per- respectively, Nebraska and Kansas; which mits emigrants from Europe, who shall have was defeated-Yeas 8;, Nays 34 —as foldeclared their intention to become citizens, lows: to vote: Carried; Yeas 23; Nays 21 YEAS-For having but one Territory. as follows: as follows: ~Messrs. Chase, Seward, YEAS —For Clayton's Amendment: Fessenden, Smith, Messrs. Adams, Dixon, Foot, Sumer, Atchison, Evans, Hamlin, Wade-8. Badger, Fitzpatrick Bage, HFitzpao tr NAYS-For severing Nebraska from Bell, Houston, Benjamin, Hunter, Kansas: Brodhead, Johnson, Messrs. Adams, Houston, Brown, Jones of Tenn. Atchison, Hunter, Butler, Mason, Badger, Johnson, Clay, RMorton, Bell, Jones of Iowa, Clayton, Pratt, Benjamin, Jones of Tenn, Dawson, Sebastian, Brodhead, Mason, Slidell-23. Brown, Morton, NAYS-Against Clayton's Amendment: Butler, Norris, Clay, Pettit, Messrs. Chase, Norris, Dawson, Pratt, Dodge of Wisc. Pettit, Dixon, Rusk, Dodge of Iowa, Seward, Dodge of Wise. Sebastian, Douglas, Shields, Dodge of Iowa, Shields, Fessenden, Smith, Douglas, Slidell, Fish Stuar, Evans, Stuart, Foot, Sumnetricaler,itztrick Walker Gwin, Toucey, Gwin, Williams-34. Hamlin, Wade, Jones of Iowa, Walker, Mr. Douglas's amendment was then * r Williams-21. agreed to, and the bill reported from the Mr. Chase moved to amend, by provid- Committee of the Whole tothe Senate. ing for the appointment of three Commis- A motion to strike out the amendment, sioners residing in the Territory to organ- allowing emigrant aliens who have declared ize the Territory, divide it into election their intention to become citizens to vote, districts, notify an election on the first Mon- toYeas 22; Nays 20-as was agreed to —Yeas 22; Nays 20 —as day in September then ensuing, etc., at follows: which election the people should choose their own Governor, as well as a Territo- YEAS —To strike out said provision: rial Legislature-the Governor to serve for Messrs. Adams, Evans, two years, and the Legislature to meet not Atchison, Fitzpatrick, later than May, 1855. Bader, ouston, Bell) Hunter, This extension of the principle of Beamin, Johnson, defeated- Benjamin, Jonson, Squatter Sovereignty" was defeated- Brodhead, Jones of Tenn. Yeas 10; Nays 30 —as follows: Brown, Mason, Butler, Morton, YEA S- To enable the People of the Territo- Clay, Pratt, ry to choose their own Governor, etc. Dawson, Sebastian, Messrs. Chase, Seward, Dix, Slidell-22 Fessenden Shields, NAYS-SAgainst striking out: Foot, Smith, Hamlin, Sumner, Messrs. Chase, Norris Norris, Wade-10. Dodge of Wise. Pettit, Dodge of Iowa, Seward, NAYS-Against said proposition: Douglas, Shields, Messrs. Atchison, Gwin, Fessenden, mith, Badger, Houston, Fish, Stuart, Bell, Hunter Foot, umner, Benjamin, Johnson, Hmlin, Wade, Brodhead, Jones of Iowa, James, Walker, Brown, Jones of Tenn. Jones of Iowa, Williams-20. Butler, Mason, The question on the engrossment of the Daws ton, bill was now reached, and it was carriedDixaon, Prattit, Yeas 2 Nays as follows Dixon, Pratt, Yeas 29; Nays 12 —as follows: THE KANSAS-NEBRASKA STRUGGLE. 77 YEAS —To engross the bill for its third prospect before us. However obscure we may reading individually be, our connection with this great transaction will perpetuate our names for the Messrs. Adams, Gwin, praise or for the censure of future ages, and perAtchison, Hunter, haps in regions far remote. If, then, we had no Badger, Johnson, other motive for our actions but that of an hon Benjamin, Jones of Iowa, est desire for a just fame, we could not be indifBrodhead, Jones of Tenn. ferent to that scene and that prospect. But indiBrown, Mason, vidual interests and ambition sink into insignifiButler, Morton, cance in view of the interests of our country and Clay, Norris, of mankind. These interests awaken, at least in Dawson, Pettit, me, an intense solicitude. Dixon,, Pratt, It was said by some in the beginning, and it Dodge of Iowa, Sebastian, has been said by others later in this debate, that Douglas, Shields, it was doubtful whether it would be the cause Evans, Slidell, of Slavery or the cause of Freedom that would Fitzpatrick, Stuart, gain advantages from the passage of this bill. I Williams-29. do not find it necessary to be censorious, nor NA YS-Against the engrossment: even unjust to others, in order that my own NAYS —Against the engrossment: d. I am course may be approved. I am sure that the Messrs. Chase, James, honorable Senator from Illinois [Mr. Douglas] Dodge of Wise. Seward, did not mean that the Slave States should gain Fessenden, Smith, an advantage over the Free States; for he disFish, Sumner, claimed itwhen he introduced the bill. I believe Foot, Wade, in all candor, that the honorable Senator fron Hamlin, Walker-12. Georgia [Mr. Toombs], who comes out at the close of the battle as one of the chiefest leaders March 3rd.-The rule assigning Fridays of the victorious party, is sincere in declaring his for the consideration of private bills, having own opinion that the Slave States will gain no been suspended, on motion of Mr. Badger, unjust advantage over the Free States, because the Senate proceeded to put the Nebraska- he disclaims it as a triumph in their behalf. Note Senate proceeded tof puat twhe ebras na- withstanding all this, however, what has occurKansas bill on its final passage, when a long red here and in the country, during this contest, and earnest debate ensued. At a late hour has compelled a conviction that Slavery will gain of the night, Mr. Seward of N. Y. ad- something, and Freedomwill endure a severe, dressed the Senate, in opposition to the bill, though I hope not an irretrievable, loss. The Afollows slaveholding States are passive, quiet, content, *as folows: and satisfied with the prospective boon, and the Mr. PRESIDENT:-I rise with no purpose of Free States are excited and alarmed with fearful further resisting or even delaying the passage forebodings and apprehensions. The impatience of this bill. Let its advocates have only a lit- for the speedy passage of the bill, manifested by tie patience, and they will soon reach the object its friends, betrays a knowledge that this is the for which they have struggled so earnestly and condition of public sentiment in the Free States. so long. The sun has set for the last time upon They thought in the beginning that it was necestheguaranteed and certain liberties of all the un- sary to guard the measure by inserting the Claysettled and unorganized portions of the Ameri- ton amendment, which would exclude unnaturcan continent that lie within the jurisdiction of alized foreign inhabitants of the Territories from the United States. To-morrow's sun will rise in the right of suffrage. And now they seem willing, dim eclipse over them. How long that obscu- with almost perfect unanimity, to relinquish that ration shall last, is known only to the Power safeguard, rather than to delay the adoption of that directs and controls all human events. the principal measure for at most a year, perFor myself, I know only this-that now no hu- haps for only a week or a day. Suppose that man power will prevent its coming on, and that the Senate should adhere to that condition, which its passing off will be hastened and secured by so lately was thought so wise and so important others than those now here, and perhaps by only -what then? The bill could only go back to those belonging to future generations. the House of Representatives, which must either Sir, it would be almost factious to offer fur- yield or insist! In the one case or in the other, ther resistance to this measure here. Indeed, sue- a decision in favor of the bill would be secured; cessful resistance was never expected to be made for even if the House should disagree, the Senate in this Hall. The Senate-floor is an old battle- would have time to recede. But the majority ground, on which have been fought many con- will hazard nothing, even on a prospect so certests, and always, at least since 1820, with for- tain as this. They will recede at once, without tune adverse to the cause of equal and universal a moment's further struggle, from the condition, freedom. We were only a few here who engaged and thus secure the passage of this bill now, toin that cause in the beginning of this contest. night. Why such haste? Even if the question All that we could hope to do-all that we did were to go to the country before a final decision hope to do-was to organize and to prepare the here, what would there be wrong in that? There issue for the House of Representatives, to which is no man living who will say that the country the country would look for its decision as authori- anticipated, or that he anticipated, the agitation tative, and to awaken the country that it might of this measure in Congress, when this Congress be ready for the appeal which would be made, was elected, or even when it assembled in Dewhatever the decision of Congress might be. We cember last.,are no stronger now. Only fourteen at the first, Under such circumstances, and in the midst of it will be fortunate if, aimong the ills and acci- agitation, and excitement, and debates, it is only dents which surround us, we shall maintain that fair to say, that certainly the country has not number to the end. decided in favor of the bill. The refusal, then, to We are on the eve of the consummation of a let the question go to the country is a conclusive great national transaction-a transaction which proof that the Slave States, as represented here, will close a cycle in the history of our country- expect from the passage of this bill what the Free and it is impossible not to desire to pause a mo- States insist that they will lose by it-an advanment and survey the scene around us, and the tage, a material advantage, and not a mere ab 78 THE STRUGGLE FOR SLAVERY RESTRICTION. straction. There are men inthe Slave States, as as to admit Missouri a new Slave State, but in the Free States, who insist always too pertina- upon the express condition, stipulated in favor ciously upon mere abstractions. But that is not of the Free States, that Slavery should be forever the policy of the Slave States to-day. They are prohibited in all the residue of the existing and in earnest in seeking for, and securing, an ob- unorganized Territories of the United States ject, and an important one. I believe they are lying north of the parallel of 36 deg. 3t min. north going to have it. I do not know how long the latitude. Certainly, I find nothing to win my advantage gained will last, nor how great or favor toward the bill in the proposition of the comprehensive it will be. Every Senator who Senator from Maryland [Mr. Pearce] to restore agrees with me in opinion must feel as I do- the Clayton amendment, which was struck out that under such circumstances he can forego in the House of Representatives. So far from nothing that can be done decently, with due voting for that proposition, I shall vote against respect to difference of opinion, and consistently it now, as I did when it was under consideration with the constitutional and settled rules of legis- here before, in accordance with the opinion lation, to place the true merits of the question be- adopted as early as any political opinions 1 ever fore the country. Questions sometimes occur had, and cherished as long, that the right of sufwhich seem to have two right sides. Such were frage is not a mere conventional right, but an the questions that divided the English nation be- inherent natural right, of which no government tween Pitt and Fox-such the contest between can rightly deprive any adult man who is subject the assailant and the defender of Quebec. The to its authority, and obligated to its support. judgment of the world was suspended by its I hold, moreover, sir, that inasmuch as every sympathies, and seemed ready to descend in fa- man is, by force of circumstances beyond his vor of him who should be most gallant in con- own control, a subject of government someduct. And so, when both fell with equal chival- where, he is, by the very constitution of human ry on the same field, the survivors united in society, entitled to share equally in the conferraising a common monument to the glorious but ring of political power on those who wield it, if rival memories of Wolfe and Montcalm. But he is not disqualified by crime; that in a despotic this contest involves a moral question. The government he ought to be allowed arms. in a Slave States so present it. They maintain that free government the ballot or the open vote, as African Slavery is not erroneous, not unjust, not a means of self-protection against unendurable inconsistent with the advancing cause of human oppression. I am not likely, therefore, to restore nature. Since they so regard it, I do not expect to this bill an amendment which would deprive to see statesmen representing those States indif- it of an important feature imposed upon it by the ferent about a vindication of this system by the Jiouse of Representatives, and that one, perhaps, Congress of the United States. On the other the only feature that hanronizes with my own hand, we of the Free States regard Slavery as er- convictions of justice. It is true that the House roneous, unjust, oppressive, and therefore abso- of Representatives stipulates such suffrage for lutely inconsistent with the principles of the white men as a condition for opening it to the American Coonstitution and Government. Who possible proscription and slavery of the African. will expect us to be indifferent to the decisions, I shall separate them. 1 shall vote for the former of the Anerican people and of mankind on such and against the latter, glad to get universal sufan issue? frage of white men, if only that can be gained Again: there is suspended on the issue of this now, and working right on, full of hope and concontest the political equilibrium between the fidence, for the prevention or the abrogation of Free and the Slave States. It is no ephemeral Slavery in the Territories hereafter. question, no idle question, whether Slavery shall Sir, I am surprised at the pertinacity with go on increasing its influence over the central which the honorable Senator from Delaware, power here, or whether Freedom shall gain the mine ancient and honorable friend, [Mr. Clayascendancy. I do not expect to see statesmen ton,] perseveres in opposing the granting of the of the Slave States indifferent on so momentous right of suffrage to the unnaturalized foreigner a question, and as little can it be expected that in the Territories. Congress cannot denyhim those of the Free States will betray their own that right. Here is the third article of that congreat cause. And now itremains for me to declare, vention by which Louisiana, including Kansas in view of the decision of this controversy so near and Nebraska, was ceded to the United States: at hand, that I have seen nothing and heard no- " The inhabitants of the ceded territory shall thing during its progress to change the opinions be incorporated in the Union of the United which at the earliest proper period I deliberately States, and admitted as sooCi as possible, accordexpressed. Certainly, I have not seen the evi- ing to the principles of the Federal Constitution, dence then promised, that the Free States would to the enjoyment of the rights, privileges, and acquiesce in the measure. As certainly, too, I immunities of citizens of the United States; and may say that I have not seen the fulfillment of the in the mean time they shall be maintained and promise that the history of the last thirty years protected in the free enjoyment of their liberty, would be revised, corrected, and amended, and property, and the religion they profess." that it would then appear that the country, dur- The inhabitants of Kansas and Nebraska are ing all that period, had been resting in prosperity, citizens already, and by force of this treaty must and contentment, and peace, not upon a valid, continue to be, and as such to enjoy the right of constitutional, and irrevocable compromise be- suffrage, whatever laws you may make to the tween the Slave States and the Free States, but contrary. My opinions are well known, to wit: upon an unconstitutional and false, and even in- That Slavery is not only an evil, but a local one, famous, act of Congressional usurpation. injurious and ultimately pernicious to society, On the contrary, I am now, if possible, more wherever it exists, and in conflict with the conthan ever satisfied that, after all this debate, the stitutional principles of society in this country. history of the country will go down to posterity I am not willing to extend nor to permit the exjust as it stood before, carrying to them the ever- tension of that local evil into regions now free lasting facts, that until 1820 the Congress of the within our empire. I know that there are some United States legislated to prevent the introduc- who differ from me, and who regard the Constitution of Slavery into new Territories whenever tion of the United States as an instrument which that object was practicable; and that in that year sanctions Slavery as well as Freedom. But if i they so far modified that policy, under alarming could admit a proposition so incongruous with apprehensions of civil convulsion, by a constitu- the letter and spirit of the Federal Constitution, tional enactment in the character of a compact, and the known sentiments of its illustrious found THE KANSAS-NEBRASKA STRUGGLE. 79 ers, and so should conclude that Slavery was cover so great a field; and it is reasonably to be national, I must still cherish the opinion that it hoped that the part of it nearest to the North is an evil; and because it is a national one, I am Pole will be the last to be inundated. But Afthe more firmly held and bound to prevent an in- rican slave emigration is to compete with free crease of it, tending, as I think it manifestly does, emigration of white men, and the source of this to the weakening and ultimate overthrow of the latter tide is as ample as the civilization of the Constitution itself, and therefore to the injury of two entire continents. The honorable Senator all mankind. I know there have been States from Delaware mentioned, as if it were a startwhich have endured long, and achieved much, ling fact, that twenty thousand European immiwhich tolerated Slavery; but that was not the grants arrived in New-York in one month. Sir, Slavery of caste, like African Slavery. Such he has stated the fact with too much moderation. Slavery tends to demoralize equally the subject- On my return to the capital a day or two ago, ed race and the superior one. It has been the I met twelve thousand of these emigrants who absence of such Slavery from Europe that has had arrived in New - York on one morning,' given her nations their superiority over other and who had thronged the churches on the followcountries in that hemisphere. Slavery, where- ing Sabbath, to return thanks for deliverance ever it exists, begets fear, and fear is the parent from the perils of the sea, and for their arrival in of weakness. What is the secret of that eternal, the land, not of Slavery but of Liberty. I also sleepless anxiety in the legislative halls, and even thank God for their escape, and for their coming. at the firesides of the Slave States, always asking They ale now on their way westward, and the new stipulations, new compromises and abroga- news of the passage of this bill, preceding them, tion of compromises, new assumptions of power will speed many of them towards Kansas and and abnegations of power, but fear? It is the Nebraska. Such arrivals are not extraordinary apprehension, that, even if safe now, they will -they occur almost every week; and the imminot always or long be secure against some inva- gration from Germany, from Great Britain, and sion or some aggression from the Free States. from Norway, and from Sweden, during the EuWhat is the secret of the humiliating part which ropean war, will rise to six or seven hundred proud old Spain is acting at this day, trembling thousand souls in a year. And with this tide is to between alarms of American intrusion into Cuba be mingled one rapidly swelling from Asia and on one side, and British dictation on the other, from the islands of the South Seas. All the imbut the fact that she has cherished Slavery so migrants under this bill, as the House of Reprelong and still cherishes it, in the last of her Ameri- sentatives overruling you have ordered, will be can colonial possessions? Thus far Kansas and good, loyal, Liberty-loving, Slavery-fearing citiNebraska are safe, under the laws of 1820, zens. Come on, then, gentlemen of the Slave against the introduction of this element of na- States. Since there is no escaping your chaltional debility and decline. The bill before us, lenge, I accept it in behalf of the cause of Freeas we are assured, contains a great principle, a dom. We will engage in competition for the glorious principle; and yet that principle, when virgin soil of Kansas, and God give the victory tully ascertained, proves to be nothing less than to the side which is stronger in numbers as it is the subversion of that security, not only within in right. the Territories of Kansas and Nebraska, but There are, however, earnest advocates of this within all the other present and future Territo- bill, who do not expect, and who, I suppose, do ries of the United States. Thus it is quite clear not desire, that Slavery shall gain possession of that it is not a principle alone that is involved, Nebraska. What do they expect to gain? The but that those who crowd this measure with so honorable Senator from Indiana [Mr. Pettit] much zeal and earnestness must expect that says that by thus obliterating the Missouri Comeither Freedom or Slavery shall gain something promise restriction, they will gain a tabula rasa, by it in those regions. The case, then, stands on which the inhabitants of Kansas and Nebrasthus in Kansas and Nebraska: Freedom may ka may write whateyer they will. This is the lose, but certainly can gain nothing; while Sla- great principle of the bill, as he understands it. very may gain, but as certainly can lose no- Well, what gain is there in that? You obliterthing. ate a Constitution of Freedom. If they Vrite a So far as I am concerned, the time for looking new Constitution of Freedom, can the new be on the dark side has passed. I feel quite sure better than the old? If they write a Constituthat Slavery at most can get nothing more than tion of Slavery, will it not be a worse one? I Kansas; while Nebraska-the wider northern ask the honorable Senator that. But the honorregion-will, under existing circumstances, es- able Senator says that the people of Nebraska cape, for the reason that its soil aid climate are will have the privilege of establishing institutions uncongenial with the staples of slave culture- for themselves. They have now the privilege of rice, sugar, cotton, and tobacco. Moreover, establishing free institutions. Is it a privilege, since the public attention has been so well and so then, to establish Slavery? If so, what a mockeffectually directed toward the subject, I cher- cry are all our Constitutions, which prevent the ish a hope that Slavery may be prevented even inhabitants fiom capriciously subverting free from gaiining a foothold in Kansas. Congress institutions and establishing institutions of Slaonly gives consent, but it does not and cannot very! Sir, it is a sophism, a subtlety, to talk of introduce Slavery there. Slavery will be em- conferring upon a country, already secure in the barrassed by its own overgrasping spirit. No blessings of Freedom, the power of self-destrucone, I am sure, anticipates the possible re-estab- tion. lishment of the African Slave-trade. The tide of What mankind everywhere want, is not the emigration to Kansas is therefore to be supplied removal of the Constitutions of Freedom which there solely by the domestic fountain of slave pro- they have, that they may make at their pleasure duction. But Slavery has also other regions be- Constitutions of Slavery or of Freedom, but the sides Kansas to be filled from that fountain. There privilege of retaining Constitutions of Freedom are all oT New-Mexico and all of Utah already when they already have them, and the removal within the United States; and then there is Cuba of Constitutions of Slavery when they have them, that consumes slave labor and life as fast as any that they may establish Constitutions of Freedom one of the slaveholding States can supply it; and in their place. We hold on tenaciously to all besides these regions, there remains all of Mexi- existing Constitutions of Freedom. Who deco down to the Isthmus. The stream of slave nounces any man for diligently adhering to such labor flowing from so small a fountain, and bro- Constitutions? Who would dare to denounce ken into several divergent channels, will not any one for disloyalty to our existing Constitu 0Q0 THE STRUGGLE FOR SLAVERY RESTRICTION. tions, if they were Constitutions of Despotism science, and down at least until this very session and'Slavery? But it is supposed by some that of the Congress of the United States, it has had this principle is less important in regard to Ran- the force arid authority not merely of an act of sas and Nebraska thin as a general one-ageneral Congress, but of a covenant between the Free principle applicable to all other present and States and the Slave States, scarcely less sacred future Territories of the United States. Do ho- "than the Constitution itself. Now then, who are norable Senators then indeed suppose they are.your contracting parties in:the law establishing establishing a principle at all? -If so, I think they Governmenta in'Kansas and'Nebraska. and abegregiously err, whether the principle is either rogating the Missouri Compromise? What are good or bad, right or wrong. Tihey are not esta- the equivalents in this law 7. What, has the North bllshing it, and cannot establish it in this way. given, and what has -the South got back, that You subvert one law capriciously, by makitg -makes this-a contract? Who pretends that it is another law in its place. That is all. Willyotur anything more than an ordinary act of ordinary law have any more weight, authority, solemnity, legislation? If, then, a law which has, all the or binding force on future Congresses, thanbthe forms and —solemnities recognized by common first had? You-abrogate the law of your -prede- |consent as'a.'compact, and -is covered with tracessors —others will have equal power and equal ditions, cannot -stand timid this shuffling of the libetty.to abragate yours. You:allow no brnriers balance between the I ree'States and the Slave.around the old law, toprotect it from:abrogation. States,telltme what chances this new law that You erect none around your new law, to stay the you are passing -will have? hand of future innovators. - You are, moreover,setting, a. precedent which On what ground do. you expect the new law to abrogates all comprmises. our years ago, you stand? If you are candid, you will confess that obttied:the coasent of,a pqrtion of the F ree you rest your assumption on-the'ground that the e-States —enough to render the-effort at immediate Free States will never agitate repeal. but always |repeal or resistance alike impossible-to what we'acquiesce. ItRmay-be:that you are right. I-am regard as an unconstitutional act for the surrennot going to predict the course of-the'ree States. der of fugitive-slaves.' That was declared,'by the ~I cMitn no authority to speak for them, and still common' consent of the persons acting in the less to say.what they will do. But I may venture,name of the two parties, the Slave States and the to say, that if they shall not repeal this law, it Free States in Congress, an irrepealable law-not will not be because they arenotstrong enough to even to-be questioned,/although it violated the do it, They have power in the House of Repre- Constitution. -In establishing-this new principle, sentatives greater than that of the Slave States, you expose that law also to the chances of repeal. and, when they choose to;exercise it, a power You -not only so -expose -the fugitive slave law, xreater even here in the Senate. TheFree States -but -there is-no-solemnityabout the articles for wre not dull seholaras- even in practical political theatnnexation -of l'exas'to:the -United States, Atrategy. When you-shall have taught-them-that which -does not hang about the Missouri ComeomLBpromise law -establishing-Freedom can-be proomiise; and -whea you.have shown that the abrogated, and the Pnion nevertheles.stand, you tissouri Coniproise' can -be repealed, then the will have let them into another secret,-aamnely: watieles for"-the annexation of'Texas are subject that aaw permitting or establishing Slavery'can to the- ill and pleasure and the caprice of a temoe repealed,' and he:Union-neverthelese remain po, ary mority in Congress. Do you, then, ex1rm; If you inquirelwhy they do tnot:stand-by pect-that the Free-States are to observe compacts, theirrights'and their interests ore firmlyi, I1 WI-and you to be at liberty to break them; that tell-ou to-the best- if-myability.'It is because they are to submit to laws and leave them on the they are conscious -of their-stren'gth, and, there- -statute-book, however unconstitutional and howfore, unsuspecting,andslow to apprehend danger. ever grievous, and that you -are to rest under no The rtason why you prevail in so many contests, -'such obligation? I think it is not a reasonable Is because you -are in perpetual fear. expectation. Say, then, -who from the North There cannot be a convocation of Abolitionists, will be bound t6 admit Kansas, when Kansas IOwever itpracticable, in'Faneuil -Hall;r the shall come in-here, if she shall come as a Slave aabhinacle, though it consists of men and women'State? Vh lave'oseparated themselvesfromalaeffective. The' honorable Senator from Georgia, [Mr. poh-liticl -parties, aAdz-rhohavye, renounced -all -Toomrbs,|'and-I know he: is as sincere -as he is politiad-eBoies Ween thoigh they:resolve that ardent.'eays'if- e shall be here when Kansas theyr will vote for-nobody; zot'e'vea fior- them- comes-as a'a ree State haewill vote for her adaelvesato' earry out -.their pnrpose, nd-thoutgh mission. I dorbt aot: that he-would; but he will they practice no that' resolutitn, but you take not be here, for- the very reason, if there be no alarmn, and youragitatio.'nfterse necessary such other, that he would vote -that way. When compromises as those'o!2{O and of 1850. We Oregon nr Minnesota shall come here for admisare young in the, arts of politics; you are old. sion-within one year, or two.years, or three We are strong; you- are-weak. We' are, there- years'from this time-we shall then see what fore, Over-confident, careless, and -indifferent; yournew principle is worth in its obligation upon you are vigilant and' active. These are traits the slaveholding States..'No; you establish no that redound to your praise. Theyare-mentioned principle, you only abrogate a principle which not in your disparagement. I say only, that'was established for your own security as well as therelhay be anextent of interventi6n, of aggres- ours; and While you'think you are abnegating sion on your side, which may induce the North, and refpi'ng all pOwer and all authority on this at somee time, -either in this or in some. future -subct-into' the hands of the people of the Terrigeneration. to adopt your-tectieB and follow your torieS, you are only getting over a difficulty in example.':Remenmber- now, that by:-unanimous setting this, questin- in the organization of two consent,this new'law will bea repealatblestatute, new Territories, by postponing it till they come exposed-to all the hances of-the: Missouri Com- here to be admitted as States, slave or'free. promise. - It stands anninfinitely worse chance of Sir, in saying that your new principle will not endurance than that compromise did. be establiphed by this bill, I reason from obvious, The- Missouri Compromise was a.transaction clear,'well settled principles of human nature. which wise,- learned, patriotic statesmen agreed Slavery and Freedom are antagonistical elements to surround and fortify with the principles of a in this country. The founders of the Constitution eompact'for mutual considerations, passed and Iframed it with a knowledge of that antagonism, executed, and therefore, although not irrepeal, and suffered it to continue, that it might work ~ able in fact, yet irrepealable in honor and con. out its own ends. There is a commercial anta THE KANSAS-NEBRASKA STRUGGLE. 8i gonism, an irreconcilable one between the sys- establishment of no new ones in favor of Slavery; tems of free labor and slave labor. They have and thus to turn away the thoughts of the States been at war with each other ever since the Go- which tolerate Slavery, from political efforts to vernment was established, and that war is to perpetuate what in its nature cannot be perpetcontinue forever. The contest, when it ripens ual, to the more wise and benign policy of emanbetween these two antagonistic elements, is to be cipation. settled somewhere; it is to be settled in the seat This, in my humble judgment, is the simple, of central power, in the Federal Legislature. easy path of duty for the American Statesman. The Constitution makes it the duty of the central I will not contemplate that other alternative-the Government to determine questions, as often as greater ascendancy of the Slave Power. I believe they shall arise, in favor of one or the other that if itshallever come, the voice of Freedom party, and refers the decision of them to the will cease to be heard in these Halls, whatever majority of the votes in the two Houses of Con- may be the evils and dangers which Slavery shall gress. It will come back here, then, in spite of produce. I say this without disrespect for Repreo a11 the efforts to escape from it. sentatives of Slave States, and I say it because This antagonism must end either in a separa- the rights of petition and of debate on that are tion of the antagonistic parties-the Slaveholding effectually suppressed-necessarily suppresedStates and the Free States-or, secondly, in the in all the Slave States, and because they are not complete establishment of the influence of the always held in reverence, even now, ia the two Slave power over the Free-or else, on the other Houses of Congress. Whpn freedom of speeoh hand, m the establishment of the superior influ- on a subject of such vital interest shall have ence of Freedom over the interests of Slavery. ceased to exist in Congress, then I shall expect It will not be terminated by a voluntary secession to see Slavery not only luxuriating in all new of either party. Commercial interests bind the Territories, but stealthily creeping even into the Slave States and the Free States together in links Free States themselves. Believing this, and beof gold that are riveted with iron, and they can- lieving, also, that complete responsibility of the not be broken by passion or by ambition. Either Government to the people is essential to public party will submit to the ascendancy of the other, and private safety, and that decline and ruin are rather than yield the commercial advantages of sure to follow, always, in the train of Slavery, I this Union. Political ties bind the Union to- am sure that this will be no longer a land of gether-a common necessity, and not merely a Freedom and constitutional liberty when Slavery common necessity, but the common interests of shall have thus become paramount. Auvferre empire-of such empire as the world has never trucidare falsis nominibus imperium atone, ub before seen. The control of the national power solitudinenfacinnt, paeem appelant. is the control of the great Western Continent; Sir,I have always said that I should not deand the control of this continent is to be, in a spond, even if this fearful measure should be very few years, the controlling influence in the effected; nor do I now despond. Although, reaworld. Who is there, North, that hates Slavery soning from my present convictions, I should so much, or who, South, that hates emancipation not have voted for the compromise of 1820, I so intensely, that he can attempt, with any hope have labored, in the very spirit of those who esof success, to break a Union tjus forged and tablished it, to save the landmark of Freedom welded together? I have always heard) with which it assigned. I [have not spoken irreverequal pity and disgust, threats of disunion in the ently even ofthe compromise of 1850, which, as Free States, and similar threats in the Slave- all men know, I opposed earnestly and with diliholding States. I know that men may rave in gence. Nevertheless, I have always preferred the heat of passion, and under great political ex- the compromises of the Constitution, and have citement; but I know that when it comes t a wanted no other. I feared all others. This was question whether this' Union shall stand, either a leading principle of the great statesman of tft with Freedom or with Slavery, the masses will' South, [Mr. Calhoun]. Said he: uphold it, and it will stand until some inherent "I see my way in the Constitution; I cannot, vice in its Constitution, not yet disclosed, shall in a compromise. A compromise is but an act cause its dissolution. Now, entertaining these of Congress. It maybeoverruled atanytime. opinions there are for me only two alternatives, It gives us no security. But the Constitution is viz.: either to let Slavery gain unlimited sway, stable. It is a rock on which we can stand, and, or so to exert what little power and influence I on which we can meet our friends from the nonmay have, as to secure, if I can, the ultimate pre- slaveholding States. It is a firm and stable dominance of Freedom. ground, on which we can better stand in opposiIn doing this, I do no more than those who tion to fanaticism than on the shiftingsands of believe the Slave Power is rightest, wisest, and compromise. Let us be done with compromises. best, are doing, and will continue to do, with my Let us go -back and stand upon the Constitufree consent, to establish its complete supremacy. tion." If they shall succeed, I still shall be, as I have I stood upon this ground in 1850, defending been, a loyal citizen. If we succeed, I know they Freedom upon it as Mir.Calhoun did in defendwill be loyal also, because it will be safest, wisest, ing Slavery. I was overruled then, and I have and best for them to be so. The question is one, waited since without proposing to abrogate any not of a day, or of a year, but of many years, and, compromines. for aught I know, many generations. Like all Itas been no prposition of mine to abrogat other great political questions, it will be attended them now; but the proposition has come from ometunes by excitement, sometimes by passion, another quarter-from an adverse one. It is and sometimes, perhaps, even by faction; but it about to prevail. The shifting sands of comproe is sure to be settled in a constitutional way, with- mise are passing from under my feet, and they out any violent shock to society, or to any of its are now, without agency of my own, taking hold great interests. It is, moreover, sure to besettled again on the rock of the Constitution. It shallbe rightly; because it will be settled under the no fault of mineif they do not remain firm. This benign influences of Republicanism and Chris- seems to me auspicious of better days and wiser tianity, according to the principles of truth and legislation. Through all the darkness andgoom justice, as ascertained by human reason. In pur- of the present hour, bright stars are breaking, suing such a course, it seems to me obviously as that inspire me with hope, and excite me to per. wise as it is necessary to save all existing aws severance. They show that the day of comproand Constitutions which are conservative of mises has past forever, and that henceforward Freedom, and to permit, as far as possible, the all great questions between Freedom and Slavery 6 82 THE STRUGGLE FOR SLAVERY RESTRICTION. legitimately coming here-and none other can Fitzpatrick, Thomson of N. J. come-shall be decided, as they ought to be, upon Geyer, Toucey, their merits, by a fair exercise of legislative, Gwin, Weller, power, and not by bargains of equivocal pru- Williams-37. dence, if not of doubtful morality. The House of Representatives has, and it al- NA YS —Against the said bill ways will have, an increasing majority of mem- Mesr Bll bers from the Free States. On this occasion, that Mes Bell, Houston, House has not been altogether faithless to the in-ase, terests of the Free States; for although it has taken Dodge of Wic. Seward, away the charter of Freedom from Kansas and Fessenden, mith, Nebraska, it has, at the same time, told this proud Foot, uWde, body, in language which compels acquiescence, Hamin, Walker 14. that in submitting the question of its restoration, it would submit it not merely to interested citi- So the bill was passed, and its title de zens, but to the alien inhabitants of the Tern- clared to be "An Act to organize the Ter tories also. So the great interests of humanity are, after all. thanks to the House of Represent- ritories of Nebraska and Kansas," and the atives, and thanks to God, submitted to the Senate adjourned over to the Tuesday folvoice of human nature. following. Sir, I see one more sign of hope. The great support of Slavery in the South has been its alliance with the Democratic party of the North. By means of that alliance, it obtained paramount In the House, a bill to organize the Terinfluence in this Government about the year 1800, ritory of Nebraska had been noticed on the which from that time to this, with but few and first day of the session, by Mr. John G. sight interruptions, it -has maintained. While Miller of Mo., who introduced it December Democracy in the North has thus been support- 22 ing Slavery in the South, the people of the North 2nd. have been learning more profoundly the princi- Jan. 24th. -Mr. Giddings gave notice of dles of republicanism and of free government. a bill to organize said Territory. It is an extraordinary circumstance, which you, Jan. 30th. -Mr. Pringle of N. Y. en, sir, the present occupant of the chair, [Mr. Stu- deavred to have the bill passed at the last art], I am sure will not gainsay, that at this moment, when there seems to be a more complete session (leaving the Missouri Restriction divergence of the Federal Government, in favor intact), reported by the Committee on Terof Slavery, than ever before, the sentiment of ritories; but debate arose, and his resolution Uiversal Liberty is stronger in all Free States lay over than it ever was before. Withthat principle, ar 3 the present Democratic party must now come Jan. 31st.-Mr. Richardson of Ill., chairinto a closer contest. Their prestige of Democra- man of the Committee on Territories, recy is fast waning, by reason of the hard service ported a bill "To organize the Territories which their alliance with their slaveholding of Nebraska and Kansas," which was read brethren has imposed upon them. That party twice and committ perseveres, as ineed it must, by reason of its very twice and committed constitution, in that service, and thus comes into Mr. Richardson's bill was substantially closer conflict with elements of true Democracy, Mr. Douglas's last bill, and was accompaand forthat reason is destined to lose, and is fast nied by no report. Mr. English of Ind. losing, the power which it has held so firmly and submitted the iews of a minority of said long. That power will not be restored until theews of a minority of sa principle established herenow shall be reversed, Committee on Territories, proposing, withand a Constitution shall be given, not only to out argument, the two following amendKansas and Nebraska, but also to every other ments: national Territory, which will be not a tabula Amend the section definin the bndra, but a Constitution securing equal, universal, and perpetual Freedom. ary-of Kansas, so as to make "the summit of the Rocky Mountains" the western boundary of said Territory. Mr. Douglas closed the debate, reiterating 2. Strike out of the 14th and 34th se and enforcing the views set forth in his Re- tions of said bill all after the words "Uniport already given; and at last the vote ted States," and insert in each instance (the was takenf, and the bill passed: Yeas 37; one relating to Kansas, and the other to NeNays 14; as follows:raska) as follo braska) as follows: YEAS-For the Kansas-Nebraska bill: Provided, That nothing in this act shall be so construed as to prevent the people of said TerriMers. Adams, Hunter, tory through the properly-constituted legislative Atchison, Johnson. authority, fom pasing such laws, in relation to Badger, Jones of Iowa, the institution of Slavery, as they may deem Bayard, Jones.of Tenn. best adapted to their locality, and most conduBenJamm, Mason, cive to their happiness and welfare; and so much Brodhead, Morton, of any existing act of Congress as may conflict ButBrwn, Norrs, with the above right of the people to regulate utler, Pettit, their domestic institutions in their own way, be, Cass, Pratt, and the same is hereby, repealed." Clay, Rusk, Dawson, Sebastian, This appears to have been an attempt to Dixon, Shields, Dodge of Iowa, Slidell, give practical effect to the doctrine of Douglas, Stuart, Squatter Sovereignty; but it was not sucEvans, Thompson of Ky. cessful. THE KANSAS-NEBRASKA STRUGGLE. 83 May Sth.-On motion of Mr. Richard- ty-Yeas 137; Nays 66-the following opson, the House-Yeas 109; Nays 88- ponents of the bill voting for the motion, resolved itself into a Committee of the namely: Whole, and took up the bill (House No. Ms J D F S MAINE.~-Thomas J. D. Fuller, Samuel May236) to organize the Territories of Nebras- all-2. ka and Kansas, and discussed it-Mr. Olds NEW-HAMPSHIRE.-Geo. W. Kittredge, Geo. of Ohio in the chair. W. Morrison-2. On comin out of Committee, Mr George MAssACHSETTs.-Nathaniel P. Banks, jr.-1. C CONNECTICUT.-O rige n S. Seymour —l. WV. Jones of Tenn. moved that the rules be NEw-YoK. —Gilbert Dean, Charles Hughes suspended so as to enable him to move the -2. g printing of Senate bill (No. 22, passed the PENNSYLVANIA.-Michael C. Trout-1. Senate as aforesaid) and the amendment OHIO-Alfred P. Edgerton Harvey H. Johnnow pending to the House bill. No quo- 8Andrew Ellison,WilliamD.Lindsley, Thomrum voted-adjourned. INDIANA.-Andrew J. Harlan,Daniel Mace-2, May 9th.-This motion prevailed. Af- ILLINOIS.-John Wentworth-1. ter debate in Committee on the Kansas-Ne- MICHIGAN.-David A. Noble, Hestor L. Stebraska bill, the Committee found itself Wvens I. hB.MyWsscoNsIN.-John B. Macy-l. without a quorum, and thereupon rose and VIRGINIA.-John S. Millson-1. reported the fact to the House-only 106 Total-21. Members were found to be present. After several fruitless attempts to adjourn, a call Mr. Richardson, having thus got in his was ordered and a quorum obtained, at 9 resolution to close the debate, put on the P. M. At 10, an adjournment prevailed, previous question again, and the House' May lOth. —Debate in Committee con- Yeas, 113; Nays, 59-agreed to close the tinued. debate on the 20th. May 11th. —Mr. Richardson moved that Debate having been closed, the opponents all debate in Committee close to-morrow at of the measure expected to defeat or cripnoon. pie it by moving and taking a vote in ComMr. English moved a call of the House: mittee on various propositions of amendRefused; Yeas 88; Nays 97. ment, kindred to those moved and rejected Mr. Mace moved that Mr. Richardson's in the Senate; some of which it was bemotion be laid on the table: Defeated; lieved a majority of the House would not Yeas 95; Nays 100. choose (or dare) to vote down; and, though Mr. Edgerton of Ohio moved a call of the names of those voting on one side or the House: Refused; Yeas 45; Nays 80. the other in Committee of the Whole are LThe day was spent in what has'come not recorded, yet any proposition moved and to be called "Filibustering"-that is, the rejected there, may be renewed in the House minority moving adjournments, calls of the after taking the bill out of committee, and is House, asking to be excused from voting, no longer cut off by the Previous Question; taking appeals, etc., etc. In the midst of as it formerly was. But, when the hour for this, Mr. Richardson withdrew his original closing debate in Committee had arrived, motion, and moved instead that the debate Mr. Alex. H. Stephens moved that the enin Committee be closed in five minutes after acting clause of the bill be stricken out; the House shall have resumed it. which was carried by a rally of the friends The hour of noon of the 12th having ar- of the bill, and of course cut off all amendrived, Messrs. Dean and Banks raised points ments. The bill was thus reported to the of order as to the termination of the legisla- House with its head off; when, after a long tive day. The Speaker decided that the struggle, the House refused to agree to the legislative day could only be terminated by report of the Committee of the Wholethe adjournment of the House, except by Yeas (for agreeing) 97; Nays 117-bringconstitutional conclusion of the session. Mr. ing the House to a direct vote on the enBanks appealed, but at length withdrew his grossment of the bill. appeal. Mr. Richardson now moved an amendFinally, at 11~ o'clock, P. M., of Friday, ment, which was a substitute for the whole 12th, after a continuous sitting of thirty- bill, being substantially the Senate's bill, six hours, the House, on motion of Mr. Rich- with the clause admitting aliens, who have ardson, adjourned. declared their intention to become citizens, May 13th.-The House sat but two to the right of suffrage. He thereupon hours, and effected nothing. called the Previous Question, which the Maay 15th.-Mr. Richardson withdrew his House sustained-Yeas 116; Nays 90demand for the Previous Question on clos- when the House adopted his amendmenting the debate, and moved instead that the Yeas 115; Nays 95-and proceeded to endebate close at noon on Friday the 19th in- gross the bill-Yeas 112; Nays 99-when stant. This he finally modified by substi- he put on the Previous Question again, and tuting Saturday the 20th; and in this shape passed the bill finally-Yeas 113; Nays his motion prevailed by a two-thirds majori- 100-as follows: 84 THE STRUGGLE FOR SLAVERY RESTRICTION. YEAS —113. NEW-HAMPSHIRE-George W. Kittredgq George W. Morrison-2. FROM THE FREE STATES. MASSACHUSETTS- Nathaniel P. Banks, Jr., Samuel L. Crocker, ALEX. DE WITT, Edward MAINE-Moses McDonald-1. Dickinson, J. Wiley Edmands, Thomas D. NEW-HIAMPSHIRE-Harry Hibbard-1. Eliot, John Z. Goodrich, Charles W. Upham, CoNNECTICUT-Colin M. Ingersoll-1. Samuel H. Walley, Tappan Wentworth-10. VERMONT-None. MASSACHUSETTS-None. RHODE ISLAND-Thomas Davis, Benjamin B. RHODE ISLAND —None. Thurston-2. NEW-YORK-Thomas W. Cumming, Francis CONNECTICUT-Nathan Belcher, James T. B. Cutting, Peter Rowe, JohnJ. Taylor, Wil- Pratt, Origen S. Seymour-3. liam M. Tweed Hiram Walbridge, William A. VERMONT-James Meacham, Alvah Sabin, Walker, Mike Walsh, Theo. R. Westbrook —9. Andrew Tracy-3. PENNSYLVANIA-Samuel A. Bridges, John L. NEW-YORK —Henry Bennett, Davis CarpenDawson, Thomas B. Florence, J. Glancy Jones, ter, Gilbert Dean, Caleb Lyon Reuben E. FenWeilliam H. Kurtz John McNair, ea Packer. enWilliam H. Kurtz, John McNair, Asa Packer, ton, Thomas T. Flagler, George Hastings, SoloJohn Robbins, Jr., Christian M. Straub, William men G. Haven, Charles Hughes, Daniel T. Jones, H. Witte, Hendrick B. Wright-11. Orsamus B. Matteson, Edwin B. Morgan, NEW-JERSEY-Samuel Lilly, George Vail-2. William Murray, Andrew Oliver, Jared V. Peck, OHIO-David T. Disney, Frederick W. Green, Rufu W Peckham, Bishop Perkins, Benjamin Edson B. Olds, Wilson Sannon-4. Pringle, Russell Sage, George A. Simmons, INDIANA- Joh n G. Davis, Cyrus L. Dunham, GERRIT SMITH, JohnWhetler-22.Norman Eddy, William H. English, Thomas A. NW-JERSEY- Alex. C. M. Pennington, Hendricks, James H. Lane, Smlth Miller-7. Charles Skelton, Nathan T. Stratton-3. ILLINOiS-James C. Allen, Willis Allen, Wm. PENNSYLVANIA-Joseph R. Chandler, Carlton A. Richardson-3. B. Curtis, John Dick, Augustus Drum, William MICHIGAN-Samuel Clark, David Stuart-2 erhar James Gamble, Galusha A. Grow IOWA-Bernhart Henn-1. Isaac E. Hiester, Thomas Il. Howe, John McWVISCONSIN-Non~e. A Culloch, Ner Middleswarth, David Ritchie, CALIFORNIA-Milton S. Latham, J. A. McDou- Samuel L. Russell, Michael C. Trout-14. gall-2. Total 44. OHIO —Edward Ball, Lewis D. Campbell, Alfred P. Edgerton, Andrew Ellison JosHUA R. FROM THE SLAVE STATES. GIDDINGS, Aaron Harlan, John Scott HariDELAWARE-George R. Riddle-i. son, H. H. Johnson, William D. Lindsley, M. H. MARYLAND-William T. Hamilton, Henry Nichols, Thomas Richey, William R. Sapp, May, Jacob Shower, Joshua Vansant-4. Andrew Stuart, John L. Taylor, EDWARD WADE VIRGINIA-Thomas H. Bayly, Thomas S. Bo- -15. cock, John S. Caskie, Henrs A. Edmundson, INDIANA-Andrew J. Harlan, Daniel Mace, Charles J. Faulkner, William 0. Goode, Zede- Samuel W. Parker-3. kiah Kidwell, John Letcher, Paulus Powell, ILLINOIS-James Knox, Jesse 0. Norton William Smith, John F. Snodgrass-11. Elihu B. Washburne, John Wentworth, Richard NORTH CAROLINA-William S. Ashe, Burton Yates-5. Craige, Thomas L. Clingman, John Kerr, Thos. MICHIGAN-David A. Noble, Hestor L. Steuffimn, Henry M. Shaw —6. vens-2. SOUTH CAROLINA-William W. Boyce, Pres- WISCONSIN-Benjamin C. Eastman, Daniel ton S. Brooks, James L. Orr-3. Wells, Jr.-2. GEORGIA-David J. Bailey, Eliah W. Chas- IowA-None. CALIFORNIA-None. Total-91. tain, Alfred H. Colquitt, Junius Hillyer, David A. Reese, Alex.. Stephen-6. SOUTHERN STATES. ALABAMA-James Abercrombie, Williamson V. MilsonR. W. Cobb, James F. Dowdell, Sampson W. VIRGINIAOhn S. Harris, George S. Houston, Philip Phillips, Wil- NOTH CROLIN had C. Puryear, 1iam R. Smith —7. Sion H. Rogers-2. MisslsSmith-iiam S. B. William TENNEssE-Robert M. Bugg, William Cul. llm, Emersoon Etheridge, Na niel G. TayBarksdale, Otho B. Singleton, Daniel B. Wright lo, Emerson Etherdge, Naaniel G. Ta -4. LoIsxAN -- Thkeodore G. Hunt —1. LOUISIANA-William DunbarD Roland Jones, IA-ee. ntJohn Perkins, Jr. —3 MISSoURI-Thomas H. Benton-I. ENTUCKY-ohn C. Breckenridge, James S. OTHER SOUTHERN STATES —None. Total-9. Chrisman, Leander M. Cox, Clement S. Hill, Total, Free and Slave States-100. John M. Elliot, Benj.- E. Grey, William Preston, Richard H. Stanton —8. ABSENT OR NOT VOTING-21 TENNESSEE-William M. Churchwell, George. W. Jones, Charles Ready, Samuel A. Smith, N. E*GLAND STATES-William Appleton of Frederick P. Stanton, Felix K. Zollicoffer-6. Mass.-. MISSOUR —Alfred W. Lamb, James J. Lind- NEW-YoRK —Geo. W. Chase, James Maurice ley, John G. Miller, Mordecai Oliver, John S. -2. Phelps —. PENNSYLVANIA-None. NEW-JERSEY-None. ARKANSA —Alfred B. Greenwood, Edwin A. OHIo-George Bliss, Moses B. Corwin-2. Warren-2.. ILLINOIS-Wm. H. Bissell-1. FLORIDA-Augustus E. Maxwell —1. CALIFORNIA-None. TExAs — eter H. Bell, Geo. W. Smyth-2. INDIANA-Eben M. Chamberlain-1. Total-69. MICHIGAN-None. IowA-John. P. Cook-1. Total, Free and Slave States-113. WISCoNSIN-John B. Macy —1. Total from Free States-9. NA YS-100. MARYLAND-John R. Franklin, Augustus R FREE STATES. Sollers-2. MAINE —amuel P. Benson, E. Wilder Far- VIRGINIA-Fayette McMullen-1. Iay, Thomas J. D. Fuller, Samuel Mayall, Israel NORTH CAROLINA -None. DELAWARE - Washburn, Jr.-5 None. THE KANSAS-NEBRASKA STRUGGLE. 85 SOUTH CAROLINA-Wm. Aiken, Lawrence M. Territory of the United States included within the Keitt, J ohn McQueen-3. following limits, except such portions thereofas are GEORGIA-Wmi. B. W. Dent, James L. Seward hereinafter expressly exempted from the opora-2. tions of this act, to wit: beginning at a point in ALABAMA-None. the Missouri river where the fortieth parallel of MississiPPi-Wiley P. Harris-1. north latitude crosses the same; thence west on KENTUCKY-Linn Boyd, (Speaker,) Presley said parallel to the east boundary of the Territory Ewin —2. of Utah on the summit of the Rocky Mountains; MIssoURI-Samuel Caruthers-1. thence on said summit northward to the fortyARKANSAS-None. FLORIDA-None. ninth parallel of north latitude; thence east on TExAs-None. TENNESSEE —None. said parallel to the western boundary of the TerLOUISIANA-None. ritory of Minnesota; thence southward on said Total from Slave States-12. boundary to the Missouri river; thence down the oii n -. main channel of said river to the place of beginWhigs in Italics. Abolitionists in SMALL C PITALS. ning, be, and the same is hereby created into a Democrats in Roman. temporary government by the name of the TerriMay 23d.-The bill being thus sent to tory of Nebraska; and when admitted as a State the Sen~ate (not as a Senate but as a House or States, the said Territory, or any portion of the the Senate (not as a Senate but as a House be received ito the ion with or same, shall be received into the Union with or bill), was sent at once to the Committee of without Slavery, as their constitution may preo the Whole, and there briefly considered. scribe at the time of their admission: Providedv May 24th.-Mr. Pearce of Md. moved to May 24th.-Mr. Pearce of Md. moved to That nothing in this act contained shahll be constrike out the clauiie in sec. *5 which c- strued to inhibit thegovernment of the United strike out the clause in sec. 5 which ex- Statesfrom dividing aid Territory into two or States from divding said Territory into two or tends the right of suffrage to more territories, in such manner and at such times' those who shall have declared on oath their as Congress hall deem convenient and proper, or intention to become such, [citizens] and shall from attaching any portion of said Territory to have taken an oath to support the Constitution any other State or Teritory of the Unted States: of the United States, and the provisions of this Povided further, That nothing in this act conact." tained shall be construed to.inpair the rights of person or property now pertaining to the Indians Negatived-Yeas; Bayard, Bell, Brod- n said Territory, so long as such rights shall rehead. Brown, Clayton, Pearce, and Thomp main unextinguished by treaty between the Unihead, BrownClayonPearceted States and such Indians, or to include any son of y Nays 41. Territory which by treaty with any Indian tribe, The bill was then ordered to be engrossed is not, without the consent of said tribe, to be infor a third reading-Yeas 35; Nays 13, as eluded within the territorial limits or jurisdiction follows: of any State or Territory; but all such Territory shall be excepted out of the boundaries, and conYEAS-For Engrossing: stitute no part of the Territory of Nebraska, until M-e. A n Mo M a. said tribe shall signify their assent to the Presiessr. thison, Mason, V. dent of the United States to be included within Badger, N. C. Morton Fla. the said Territory of Nebraska, or to affect the Benjamn, La. Norris, N.H. authority of the government of the United States Brodhead, Pa. Pearce, Md. to make any regulations respecting such Indian, Brown, Miss. Petit, Ind. their lands, property or oter rights, by treaty, Butler, S. C. Pratt, Md. law, or otherwise, which it would have been Cass, Mich. Rulsk, Texas, competent to the government to make if this act Clay, Ala. Sebastian, Ark. had never passed. Dawson, Ga. Shields, IlL SEC. 2. That the executive power and authoriD)ougIas IIL SlideIl, La. ty in and over said Territory of Nebraska shall Fitzpatrick, Ala. Stuart, Mich. be vested in a governor, who shall hold his office Gwin, Cal. Thompson K. for four years, and until his successor shal be Hunter, Va. Thomson, N.. appointed and qualified, unless sooner removed Johnson, Ark. Toombs, Ga. by the President of the United States. The govJones, Iowa, Toucey, Ct. ernor shall reside within said Territory, and shall Jones, Ten. Weller, Cal. be commander-in-chief of the militia thereof. He Mallory, Fla. William, N.. may grant pardons and respites for offenses Wright, N. J.35. against the laws of said Territory, and reprieves gainst ngrosinfor offenses against the laws of the United States, NAYSL —gaint BEngrossing: until the deision of the President can be made Messrs. Allen, R. L GILLETTE, Ct. known thereon; he shall commission all officers Bell, Tenn. Hamlin, Me. who shall be appointed to office under the laws CHASE, Ohio, James, R. I. of the said Territory, and shall take care that tho Clayfon, DeL Seward, N. Y. laws be faithfully executed. Fish, N. Y. SUMNER, Mass. SEC. 3. That there shall be a secretary of said Foot, Vt. Wade, Ohio, Territory, who shall reside therein, and hold his Walker, Wisc.-13. office for five years, unless sooner removed by Democrats in Roman; Whigs in Italics; Free Demo- the President of the United States; he shall recrats in SMALL CAPS.' cord and preserve all the laws and proceedings The bill was then passed without fArther of the legislative assembly hereinafter constitutThe bill wa Pas the sed without further d, and all the acts and proceedings of the governdiviLion, and, being approved by the Presi- or in his executive department; he shall transdent, became a law. Its provisions are as mit one copy of the laws and journals of the lefollows: gislative assembly, within thirty days after the end of each session, and one copy of the execu. An Act to organize the Territories of Nebraska and tive proceedings and official correspondence Kansas. semi-annually on the first days of January and Be it enacted by the Senate and House of Rep- July in each year, to the President of the United resentatives of the United States of America in States, and two copies of the laws to the PresiCongress assembled: That all that part of the dent of the Senate and to the Speaker of the 86 THE STRUGGLE FOR SLAVERY RESTRICTION. House of Representatives, to be deposited in the shall be entitled to vote at the first election, and libraries of Congress; and, in case of the death,, shall be eligible to any office within the said terremoval, resignation, or absence of the governor ritory; but the qualifications of voters, and of from the Territory, the secretary shall be, and he holding office, at all subsequent elections, shall is hereby authorized and required to execute and be such as shall be prescribed by the legislative perform all the powers and duties of the governor assembly: Provided, That the right of suffrage during such vacancy or absence, or until another and of holding office shall be exercised only by governor shall be duly appointed and qualified to citizens of the United States and those who shall fill such vacancy, have declared on oath their intention to become SEC. 4. That the legislative power and authori- such, and shall have taken an oath to support tyof said Territory shall be vested in the governor the Constitution.of the United States and the and a legislative assembly. The legislative as- provisions of this act: And provided further, sembly shall consist of a council and house of That no officer, soldier, seaman, or marine, or representatives. The council shall consist of other person in the army or navy of the United thirteen members, having the qualifications of States, or attached to troops il the service of the voters as hereinafter prescribed, whose term of United States, shall be allowed to vote or hold service shall continue two years. Tho house of office in said territory, by reason of being on representatives shall, at its first session, consist service therein. I of twenty-six members, possessing the same SEC. 6. That the legislative power of the terriqualifications as prescribed for members of the tory shall extend to all rightful subjects of legiscouncil, and whose term of service shall continue lation consistent with the Constitution of the one year. The number of representatives may United States and the provisions of this act; but be increased by the legislative assembly, from no law shall be passed interfering with the pritime to time, in proportion to the increase of mary disposal ofthe soil; no tax shall be imposed qualified voters; Provided, That the whole num- upon the property of the United States; nor shall jher shall never exceed thirty-nine; an apportion- the lands or other property of non-residents be ment shall be made as nearly equal as practica- taxed higher than the lands or other property of ble, among the several counties or districts, for residents. Every bill which shall have passed the election of the council and representatives, the council and house of representatives of the giving to each section of the territory representa- said territory, shall, before it become a law, be tion in the ratio of its qualified voters as nearly presented to the governor of the territory; if he as may be. And the members of the council and approve, he shall sign it; but if not, he shall reof the house of representatives shall reside in, and turn it with his objections, to the house in which be inhabitants of, the district or county, or coun- it originated, who shall enter the objections at ties, for which they maybe elected, respectively. large on their journal, and proceed to reconsider.Previous to the first election, the governor shall it. If, after such reconsideration, two-thirds of aause a census, or enumeration of the inhabitants that house shall agree to pass the bill, it shall be and qualified.voters of the several counties and sent, together with the objections to the other districts of the territory, to be taken by such house, by which it shall likewise be reconsidered, persons and in such mode as the governor shall and if approved by two-thirds of that house, it designate and appoint; and( the persons so ap- shall become a law. But in all such cases the pointed shall receive a reasonable compensation votes of both houses shall be determined by yeas.therefor. And the first election shall be held at and nays, to be entered on the journal of each such times, and places, and be conducted in house respectively. If any bill shall not be resuch manner, both as to the persons who shall turned by the governor, within three days (Sunsuperintend such election, and the returns there- days excepted) after it shall have been presented of, as the governor shall appoint and direct; and to him, the same shall be a law in like manner as he shall at the same time declare the number of if he had signed it, unless the assembly, by admembers of the council and house of representa- journment, prevent its return, in which case it tives to which each of the counties or districts shall not be a law. shall be entitled under this act. The persons SEC. 7. That all township, district, and county having the highest number of legal votes in each officers, not herein otherwise provided for, shall of said council districts for members of the coun- be appointed or elected, as the case may be, in. ~il,,shall be declared by the governor to be duly such manner as shall be provided by the govelected to the council; and the persons having ernor and legislative assembly of the Territory the highest number of legal votes for the house of Nebraska. The governor shall nominate, and of representatives, shall be declared by the by and with the advice and consent of the legisgovernor to be duly elected members of lative council, appoint all officers not herein aaid house: Provided, That in case two or otherwise provided for; and in the first instance more persons voted for shall have an equal the governor alone may appoint all said officers, number of votes, and in case a vacancy who shall hold their offices until the end of the shall otherwise occur in either branch of the first session of the legislative assembly; and shall legislative assembly, the governor shall order a lay off the necessary districts for members of the new election; and the persons thus elected to the council and house of representatives, and all legislative assembly shall meet at such placeand other officers. on such day as the governor shall appoint; but SEC. 8. That no member of the legislative astbereafter, the time, place, and manner of holding sembly shall hold, or be appointed to, any office.and conducting all elections by the people, and which shall have been created, or the salary or the apportioning the representation in the or emoluments of which shallhavebeen increased, several counties or districts to the council and while he was a member, during the term for house of representatives, according to the num- which he was elected, and for one year after the ber of qualified voters, shall be prescribed by expiration of such term; but this restriction shall law, as well as the day of the commencement of not be applicable to members of the first legisla-'the regular sessions of the legislative assembly: tive assembly; and no person holding a commisProvided, That no session in any one year shall sion or appointment under the United States, exexceed the term of forty days, except the first cept postmasters, shall be a member of the legissession, which may continue sixty days. lative assembly, or shall hold any office under. SEC. 5. That every free white male inhabitant the government of said territory; above the age of twenty-one years, who shall be SEC. 9. That the judicial power of said Territoan actual resident of said territory, and shall ry shall be vested in a supreme court, district possess the qualifications hereinafter prescribed, courts, probate courts, and in justices of the THE KANSAS-NEBRASKA STRUGGLE. 87 peace. The supreme court shall consist of a peal in all such casesshall be made to the suchief justice and two associate justices, any two preme court of said Territory, the same as in of whom shall constitute a quorum, and who other cases. The said clerk shall receive in all shall hold a term at the seat of government of such cases the same fees which the clerks of the said Territory annually, and they shall hold their district courts of Utah Territory now receive for offices during the period of four years, and until similar services. their successors shall be appointed and qualified. SEC. 10. That the provisions of an act entitled The saidTerritory shall be divided into threejudi- "An act respecting fugitives from justice, and cial districts, and a district court shall be held in persons escaping from the service of their maseach of said districts by one of the justices of the ters," approved February twelve, seventeen supreme court at such times and places as may hundred and ninety-three, and the provisions of be prescribed by law; and the saidjudges shall, the act entitled " An act to amend, and suppleafter their appointments, respectively, reside in mentary to, the aforesaid act," approved Septemthe district which shall be assigned them. The ber eighteen, eighteen hundred and fifty, be, and jurisdiction of the several courts herein provided the same are hereby, declared to extend to, and fort both appellate and original, and that of the be in full force withi, the limits of said Territory probate courts and of justices of the peace, shall of Nebraska. be as limited by law: Provided, That justices of SEC. 11. That there shall be appointed an atthe peace shall not have jurisdiction of any mat- torney for said Territory, who shall continue in ter in controversy when the title or boundaries office for four years, and until his successor shall of land may be in dispute, or where the debt or be- appointed and qualified, unless sooner resum claimed shall exceed one hundred dollars; moved by the President, and who shall receive and the said supreme and district courts, re- the same fees and salary as the attorney of the spectively, shall possess chancery as well as com- United States for the present Territory of Utah. mon law jurisdiction. Each district court, or the There shall also be a marshal for the Territory judge thereof, shall appoint its clerk, who shall appointed, who shall hold his office for four also be the register in chancery, and shall keep years, and until his successor shall be appointed his office at the place where the court may be and qualified, unless sooner removed by the Preheld. Writs of error, bills of exception, audap- sident, and who shall execute all processes issupeals shall be allowed in all cases from the final ing from the said courts when exercising their decision of said district courts to the supreme jurisdiction as circuit and district courts of the court, under such regulations as may be pre- United States; he shall perform the duties, be scribed by law; but in no case removed to the subject to the same regulations and penalties, supreme court shall trial by jury be allowed in and be entitled to the same fees as the marshal oi said court. The supreme court, or the justic'es the district court of the United States for the thereof, shall appoint its own clerk, and every present Territory of Utah, and shall, in addition, clerk shall hold is office at the pleasure of the be paid two hundred dollars, annually as a corncourt for which he shall have been appointed. pensation for extra services. Writs of error, and appeals from the final decision SEC. 12. That the governor, secretary, chief of said supreme court, shall be allowed, and may justice, and associate justices, attorney and marbe taken to the supreme court of the United shal, shall be nominated, and, by and with the States, in the same manner and under the samere- advice and consent of the Senate, appointed by gulations as from the circuit courts of the United the President of the United States. The governStates, where the value of the property or the or and secretary to be appointed as aforesaid, amount in controversy, to be ascertined by the shall, before they act as such, respectively take oath or affirmation of either party, or other corn- anoath or affirmation by the laws now in forc petent witness, shall exceed one thousand, dol- therein, or before the chief justice or some asso. lars; except only that in all cases involving title ciate justice of the Supreme Court of the United to slaves, the said writs of error or appeals shall States,-to support the Constitution of the United be allowed and decided by the said supreme States, and faithfully to discharge the duties of court, without regard to the value of the matter, their respective offices, which said oaths, when property, or titlein controversy; and except also so taken, shall be certified by the person by that a writ of error or appeal shall also be allowed whom the same shall have been taken; and such to the supreme court of the United States, from certificates shall be received and recorded by the the decisions of the said supreme court created said aecrtary among the executive proceedings: by this act, or of any judge thereof, or of the dis- and the chief justice and associate justices, and trict courtscreated by this act, or of anyjn.ge all other civil officers in said Territory, before thereof, upon any writ of habeas gots mvolv- they act as such, shall take a like oath or affirmi ing the, question of personal efrdot Provided, atio before the said governor or secretary, 6 That nothing herein contoaied shallbe construe d eome judge orjustice of the peace of the territor to apply to or affect the provisions of the "act who nmay be duly commissioned and qualifiedg respecting fugitives from justice, and persons es- which said oath or affirmation shall be cerified caping from the service of their masters," ap- and transmitted by the person taking the same to proved February twelfth, seventeen hundred and the secretary, to be by him recorded as aforeninety-three, and the " act to amend and supple- said; and afterwards the like oath or affirmamentary to the aforesaid act," approved Septem- tion shall be taken, certified, and recorded, in ber eighteenth, eighteen hundred and fifty; and such manner and form as may be prescribed by each of the said district courts shall have and ex- law. The governor shall receive an annual salaercisethe samejurisdiction in all cases arising ryof two thousand five hundred dollars. The under the Constitution and laws of the United chief justice and associate justices shall receive States, as is vested in the circuit and district an annual salary of two thousand dollars. The courts of the United States; and the said supreme secretary shall receive an annual salary of and district courts of the said Territory, and the two thousand dollars. The said salaries shall respective judges thereof, shall and may grant be paid quarter-yearly, from the dates of the rewrits of habeas corpus in all cases in which the spective appointments, at the Treasury of the same are granted by the judges of the United United States; but no such payment shall be States in the District of Columbia; and the first made until said officers shall have entered upon six days of every term of said courts, or so much the duties of their respective appointments. The thereof as shall be necessary, shall be appropriat- members of the legislative assembly shall be ed to the trial of causes arising under the said entitled to receive three dollars each per day dtConstitution and laws, and writs of error and ap- ring their attendance at the sessions thereof, and 88 THE STRUGGLE FOR SLAVERY RESTRICTION. three dollars each for evey twenty miles' travel een hundred and fifty, commonly called the Corn. in going to, and returningfrom, the said sessions, promiseMeasures, is hereby declared inoperative estimated according to the nearest usually-trav- and void; it being the true intent and meaning eled route; and an additional allowance of three of this act not tolegislate Slavery into any Terdollars shall be paid to the presiding officer of ritory or State, nor to exclude it therefrom, but each house for each day he shall so preside. And to leave the people thereof perfectly free to form a chief clerk, one assistant clerk, a sergeant-at- and regulate their domestic institutions in their arms, and door-keeper may be chosen for each own way, sulbect only to the Constitution of the house; and the chief clerk shall receive four dol- United States: Provided, That nothing herein lars per day, and the said other officers three dol- contained shall bP construed to revive or put in Jars per day, during the session of the legislative force any law or regulation which may have exassembly; but no other officer shall be paid by isted prior to the act of sixth of March, eighteen the United States: Provided, That thereshal be hundred and twenty, either protecting, establishbut one session of the legislature annually u- ng, prohibiting or abolishing, Slavery. lss, on an extraordinary occasion, the governor SEc. 15. That there shall hereafter be appro-.shall think proper to call the legislature together. priated, ashas been customary for the territorial There shall be appropriated, annually, the usual governments, a sufficient amount, to be expended sum, to be expendedby the governor to defay under the direction of the said governor of the the contingent expenses of the territor, includ- Territory of Nebraska, not exceeding the sums ing the salary of a clerk of the executive depart- heretofore appropriated for similar objects, for meat; and there shall also be appropriated annu- the erection of suitable pubi buildings at the ally, a sufficient sum. to be expended by the seat of government, a or the purchase of a secretaryofthe Territry, and upon an estimate to library to be kept athe at of government for be made by the secretary of the Treasury of t e th e o the governor, legislative assembly, United States, to defy the expenses of the legis- judges o the supemeeourt, secretary, marshal, ative assembly, the prnting of the laws, and and attorney of said territory, and sach other other incidental expenses; and the governor and persons, and under such regulations as shall be secretary of the Territory shall, in the disburse- prribed by law. mnt of al moneys intrusted to them, be govern Sc. 16. That when the lands in thesaid terd solely by the nstructions of theecetary of itory shall be surveyed under the direction of e Treasury of the United a, andshall,semi- the government of the United States, preparaannually, account to the said secreta for the tory to bringing sme into market, sectionsnumanner in whih the aforesaid moneys sha have bered sixteen and thirty-six, in each township in been expended; and no expenditure shall be said territory, shall be, and the same are hereby made by said lesltive assembly for objets not reserved for the purpoe of being applied to peally authors ed y the acts of Congress sbools in aid teritory, and in the State andTeraking the aproitions, nor beyond the sums ritories hereafter to be erected out of the same. thus appropriatedtorsaeh ojeet c. c 17. That uilotherwise provided bylaw, Se. 13. That the legilative assembly of the te gveror of id Territory may define the.erritory of- Ne.braska hall sold its first jseson udicial districts of said Terrtory, and assign the at such time and puloe iastid Temitory as the jdges who may be appointed f said Teritory governor theregofahillappoat and direct; and at to the several districts; and also appoint the aid first sessmon, or am soon thereafter as they times and places for holding courts in theseveral sall deem expednt, the governor and legisla- counties or subdivisions in each of said judicial tiv assembly shal proceed to locate and estab- districts by proclamation, to be issued by him; lish the seat of government for said Territory at but the legislative assembly, at their first, or any such place as theymay deem eligible; which subsequent session, may organize, alter, or modplace, however, shall thereafte be subject to be fy such judicial districts, and assign the judges, changed by the said governor and legislative as- and alter the times and places of holding the sembly. courts, as to them shall seem proper and conszc. 14. That a delegate to the House of Rep- venient. resentatives of the United States, to serve for the S8c. 18. That all officers to be appointed by Arm of two years, who shall be a citizen of the the President, by and with the advice and consent ited S tatyes, y he ele otedbY quali- of the Senate forthe Territoy of Nebraska,who, Sled to elect i s of the legis t e y by virtue ofthriion of*ins any law now existhio shall be entitled to-theSalse rights and pri- in, or which mayb le enacted during the present eas areeizer d anden oyed bythedelegates es, are required to gve security for oneys *om the several oter territories of that ra nt be intrsted with them 7or disbursetates to the said Huse of Representatives; but ments, sh ge suh ecrity, at such time and the delegate first elected shall hold his seat only lace, and in such nner as the'Secretary of the during the term of the Congress to which he shall Treasury may presribe. be elected. The first election shall be held at SEC. 9. That all that part of the territory of suah time and places, and be conducted in such the United States includd within the following manner, as the governor shall appoint and di- limits, except such portions thereof as ae heremet; and at all subsequent elections, the times inafter expedry exemted from the operations places, and manner of holding the elections shal of this act, to wit: beginning at a point on the be presoribed by law. The person having the western boundary of the State of Missouri, where greatest dumber of votes shall be declared by the the thirty-seventh parallelof north latitudecrosses governor to be duly elected, and a certifclate the same; thence west on said parallel to the thereof shall be given accordingly. That the eastern boundary of New-Mexico; thence north Constitution and all the l te las of the United on saidboundary to latitude thirty-eight; thence States which are not locally inapplicable, shall following said boundary westward to the east have the same force and effect within the said boundar of the Territory of Utah, on the summit Territory of Nebraska as elsewhere within of the Rocky Mountains; thence northward on the United States, except' the eighth section said summit to the fortieth parallel of latitude; of the act preparatory to the admission of Mis- thence east on said parallel to the western boundsouri into the Union, approved March sixth, ary of the State of'Missouri; thence south with eighteen hundred and twenty, which being in- the western boundary of said State to the place consistent with the principle of non-intervention of beginning, be, and the same is hereby, created by Congress with Slavery in the States and Ter- into a temporary government by the name of the itories, as recognized by the legislation of eight- Territory of Kansas; and whop admitted as a THE KANSAS-NEBRASKA STRUGGLE. 89 State or States, the said Territory, or any por- elaborate treatment, yet, the measurable tion of the same, shall be received into the nion authenticity of statement, thus secured, and with or without Slavery, as their Constitution may prescribe at the time of their admission: the light cast on the general theme by the Provided, That nothing in this act contained conflicting views thus presented, serve to shall be construed to inhibit the Government of give this the preference over any other the United States from dividing said Territory mode of narrating so nearly cotempraneous into two or more territories, in such manner and wi th their cronicle as these. We proee at such times as Congress shall deem'convenient th theirchronicle as these. We proceed, and proper, or from attaching any portion of said then, with our record, which must henceTerritory to any other State or Territory of the forth consist mainly of public documents, United States: Provided further, That nothing submitted to the current Congress, connect in this act contained shall be so construed as to ed by the erest thread of narrative. impair the rights of person or property now per- ed by te erest thread of narrative. taiing to the Indians in said Territory, so long Dec. 3rd, 1855.-The XXXIVth Cons such rights shall remain unextinguished by gress convened atthe Capital, in Washingtreatybetween theUnited States and suchIndians, ton,-Jesse D. Bright of Ind. holding over or to include any territory whichi by treaty within any Indian tribe, is not, without the consent of as President pro tpore of the Senate, in said tribe, to be included within the territorial place of Vice-President William R. King limits or jurisdiction of any State or Territory; of Alabama, deceased. A quorum of but all such territory shall be excepted out of the either House was found to be present. boundaries, and constitute no art of the Terri- But the House found itself unable to ortory of Kansas, until said tribe shall signify their assent to the President of he United States to be gane by the choice of a Speaker, until after included within the iaid Territory of Kansas, or an tnprecedented struggle of nine weeks' to affect the authority of the Government of the duration. Finally,i on Saturday, Feb. 20th, United States to make any regulation respecting 1856, tih piirlity.rule was adopted-Yeas such Indians, their lands,property orotherrights, 113 -nd I 1 113;Nais I04-and the House proceeded by treaty, law, or otherwise, Whih itwould have the House proceeded been competent to the Government to make if under it to its one hundred and thirty-third this act had never passed. ballot for speaker, when Nathaniel P. [The next seventeen sections substantially re- Banks, Jr., (anti-Nebraska) o Masachupeat the foregoing, save that their provisions sets, was chosen, having 103 votes to 100, for William Aiken of South Carolina. apply to Kansas instead of Nebraska. The final fo Wi lim Aikenof South Carolina section refers to both Territories, as follows:] Elen vot scatred on othr pers did not count against a choice. It was thereSzc. 37. And be it further enacted, that all fore resolved-Yeas 155; Nays 40-that treaties, laws, and other engagements made by -Mr Banks as dulyelected Speaker, the Government of the United States with the Indian tribes inhabiting the territoriet embraced But, during the pendency of this election, within this act, shall be faithfully and rigidly the President had transmitted to both observed, notwithstandlg anything contained in Houses, first (Dec. 31st) his Annual Mesthis act; and that the existing. agencies and sn- and net (Jan. 24th) a sp l mesperintendencies of said Indians be continued with 24th) a special mesthe same powers and duties which are now pre- sage with regard to the condition of Kansas, scribed by law, except that the President of the which is as follows: United States may, at his discretion, change the location of the office of superintendent, MESSAGE OF THE PRESIDENT. WASHINOTOS, Jan. 24, 1856. No action of any moment with regard to To the Senate and House of Representatives: Slavery in the Territories was taken in eithery Hoe the Territies wd t) Sessin Circumstances have occurred to disturb the ither House at the Second (short) Session ourse of governmental oranization in the Terof this Congress. ritory of Kansas, and produce there a condition of things which renders it incumbent on me to eall your attention to the subject, and urgently KANSAS ORGANIZED. recommend the adoption-by you of suchmeasures of legislation as the grave exigencies of the case The struggle respecting Slavery in appear to require. Kansas which followed the organization of A brief exposition of the circumstances referthat Territory, under the Provisions of the ed to, nd of their caes, wil be necessary to the full understanding of the recommendations act just recited, is yet too recent and incom- which it is proposed to submit. plete to justify an attempt to write its his- The act to organize the Territories of Nebrastory. All that can be prudently done as ka and Kansas was a manifestation of the legisyet, is to collect and arrange the most im- lative opinion of Congress on two great points yertis tdo cllets and arrange the most im- of constitutional construction: One that the deportant documents in which its incidents signation of the boundaries of a new Territory, are detailed, and its principles discussed, and and provision for its political organization and this we now proceed to do, without attempt- administration as a Territory, are measures ing to reconcile the gloomy discrepancies which of right fall within the powers of the Geneigbet ween th e statemen ts submitted ontheral Government; and the other, that the inhabbetween the statements submitted on the itants of any such Territory, considered as an one side and on the other, respectively. inchoate State, are entitled, in the exercise of Though it will not be possible in this self-government, to determine for themselves course to avoid repeated statements of the what shall be their own domestic institutions, same fact, and an occional devotion of subject only to the Constitution and the laws duly same fact, and an occasional devotion of the b Cong rt derit, a to thep undue space to a point undeserving of such of the existing States to decide, according to the 90 THE STRUGGLE FOR SLAVERY RESTIICTION. provisions and principles of the Constitution, at administration, and partly of the unjustifiable what time the Territory shall be received as a interference of the inhabitants of some of the State into the Union. Such are the great politi- States, foreign by residence, interests, and rights cal rights which are solemnly declared and affirm- to the Territory. ed by that act. The Governor of the Territory of Kansas, comBased upon this theory, the act of Congress missioned, as before stated, on the 29th of June, defined for each Territory the outlines of repub- 1854, did not reach the designated seat of his lican government, distributing public authority government until the 7th of the ensuing October, among the lawfully created agents-executive, and even then failed to make the first step in its judicial and legislative-to be appointed either legal organization-that of ordering the census by the General Government or by the Territory. or enumeration of its inhabitants-until so late The legislative functions were intrusted to a a day that the election of the members of the Council and a House of Representatives, duly Legislative Assembly did not take place until elected and empowered to enact all the local laws the 30th of March, 1855, nor its meeting until the which they might deem essential to their pros- 2d of July, 1855; so that, for a year after the perity, happiness and good government. Acting Territory was constituted by the act of Congress, in the same spirit, Congress also defined the per- and the officers to be appointed by the Federal sons who were in the first instance to be con- Executive had been commissioned, it was without sidered as the people of each Territory; enact- a complete government, without any legislative ing that every free white male inhabitant of the authority, without local law, and, of course, withsame above the age of twenty-one years, being out the ordinary guarantees of peace and public an actual resident thereof, and possessing the order. qualifications hereafter described, should be en- In other respects, the Governor, instead of extitled to vote at the first election, and be eligible ercising constant vigilance and putting forth all to any office within the Territory; but that the his energies to prevent or counteract the tendenqualifications of voters and holding office at all cies to illegality which are prone to exist in all subsequent elections should be such as might be imperfectly-organized and newly-associated comprescribed by the Legislative Assembly: Provi- munities, allowed his attention to be diverted ded, however, That the right of suffrage and of from official obligation by other objects, and holding office should be exercised only by citi- himself set an example of the violation of law in zens of the United States, and those who should the performance of acts which rendered it my have declared on oath their intention to become duty, in the sequel, to remove him from the office such, and have taken an oath to support the of chief executive magistrate of the Territory. Constitution of the United States and the provi- Before the requisite preparation was accoipsions of the act: And provided,further, That no plished for election of a Territorial Legislature, officer, soldier, seaman or marine, or other per- an election of delegate to Congress had been held son in the army or navy of the United States, or in the Territory on the 29th day of November, attached to troops in their service, should be al- 1854, and the delegate took his seat in the House lowed to vote or hold office in either Territory by of Representatives without challenge. If arrangereason of being on service therein.. ments had been perfected by the Governor so Such of the public officersrof the Territories a, that the election for members of the Legislative by the provisions of the act, were to be appoint- Assembly might be held in the several precincts by the General Government, including the at the same time as for delegate to Congress. any Governors, were appointed and commissioned in question appertaining to the qualification of the due season-the law having been enacted on the persons voting as people of the Territory, would 30th of May, 1854, and the commission of the have passed necessarily and at once under the Governor of the Territory of Nebraska being supervision of Congress, as the judge of the vadated on the 2nd day of August, 1854, and of lidity of the return of the delegate, and would the Territories of Kansas on the 29th day of have been determined before conflicting passions June, 1854. had become inflamed by time, and before opporAmong the duties imposed by the act on the tunity could have been afforded for systematic governors, was that of directing and superintend- interference of the people of individual States. ing the political organization of the respective This interference, in so far as concerns its Territories. The Governor of Kansas was re- primary causes and its immediate commencequired to cause a census or epumeration of the ment, was one of the incidents of that pernicious inhabitants and qualified voters of the several agitation on the subject of the condition of the counties and districts of the Territory to be taken, colored persons held to service in some of the by such persons and in such mode as he might States, which has so long disturbed the repose of designate and appoint; to appoint and direct the our country, and excited individuals, otherwise time and places of holding the first elections, and patriotic and law-abiding, to toil with misdirected the manner of conducting them, both as to the zeal in the attempt to propagate their social persons to superintend such elections, and the re- theories by the perversion and abuse of the powers turns thereof; to declare the number of the mem- of Congress. bers of the Council and House of Representatives The persons and parties whom the tenor of the for each county or district; to declare what per- act to organize the Territories of Nebraska and sons might appear to be duly elected; and.to Kansas thwarted in the endeavor to impose, appoint the time and place of the first meeting of through the agency of Congress, their particular the Legislative Assembly. In substance, the views of social organization on the people df the same duties were devolved on the Governor of future new States, now perceiving that the policy Nebraska. of leaving the inhabitants of each State to judgo While, by this act, the principle of constitu- for themselves in this respect was ineradicably tion for each of the Territories was one and the rooted in the convictions of the people of the same, and the details of organic legislation re- Union, then had recourse, in the pursuit of their garding both were as nearly as could be identical, general object, to the extraordinary measure of and while the Territory of Nebraska was tran- propagandist colonization of the Territory of quilly and successfully organized in the due Kansas, to prevent the free and natural action course of law, and its first Legislative Assembly of its inhabitants in its internal organization and met on the 16th of January, 1855, the organiza- thus to anticipate or to force the determination tion of Kansas was long delayed, and has been of that question in this inchoate State. attended with serious difficulties and embarrass- With such views, associations were organized ments, partly the consequence of local mal- in some of the States, and their purpose was pro THE KANSAS-NEBRASKA STRUGGLE. 91 claimed through the press in language extremely that the duties of the office were legally devolved irritating and offensive to those of whom the on the Secretary of the Territory; thus to the last colonists were to become the neighbors. Those recognizing the body as a duly-elected and condesigns and acts had the necessary consequence stituted Legislative Assembly. to awaken emotions of intense indignation in It will be perceived that if any constitutional States near to the Territory of Kansas, and espe- defect attached to the legislative acts of the cially in the adjoining State of Missouri, whose Assembly, it is not pretended to consist in irregudomestic peace was thus the most directly en- larity of election or want of qualification of the dangered; but they are far from justifying the members, but only in the change of its place of illegal and reprehensible counter-movements session. However trivial the objection may which ensued. seem to be, it requires to be considered, because Under these inauspicious circumstances, the upon it is founded all that superstructure of acts, primary elections for members of the Legislative plainly against law, which now threatens the Assembly were held in most, if not all, of the peace not only of the Territory of Kansas but of precincts, at the time and the places and by the the Union. persons designated, and appointed by the Govern- Such an objection to the proceedings of the or, according to law. Legislative Assembly was of exceptionable oriAngry accusations that illegal votes had been gin, for the reason that, by the express terms of polled, abounded on all sides, and imputations the organic law, the seat of government of the were made both of fraud and violence. But the Territory was " located temporarily at Fort LeaGovernor, in the exercise of the power and the venworth;" and yet the Governor himself redischarge of the duty conferred and imposed by mained thqre less than two months, and of his law on him alone, officially received and con- own discretion transferred the seat of Governsidered the returns; declared a large majority of ment to the Shawnee Mission, where it in fact the members of the Council and the House of was at the time the Assembly were called to Representatives " duly elected;" withheld certi- meet at Pawnee City. If the Governor had any ficates from others because of alleged illegality such right to change temporarily the seat of Govof votes; appointed a new election to supply the ernment, still more had the Legislative Assembly. place of the persons not certified; and thus, at The objection is of exceptional origin for the furlength, in all the forms of statute, and with his therreaoh that theplace indicated by the Govown official authentication, complete legality was ernor, without having an exclusive claim of pregiven to the first Legislative Assembly of the ference in itself, was a proposed town-site only, Territory. which he and others were attempting to locate Those decisions of the'retiirnlg-bfficeri afiid of unlawfully upon land within a military reservathe Governor are final, except that by the par- tion, and for participation in which illegal actthe liamentary usage of the country applied to the commandant of a post, a superior officer of the organic law, it may be conceded that each House Army, has been dismissed by sentence of courtof the Assembly must have been competent to de- martial. termine, in the last resort, the qualifications and Nor is it easy to see why the Legislative Assemthe election of its members. The subject was, by bly might not with propriety pass the Territorial its nature, one appertaining exclusively to the act transferring its sittings to the Shawnee Misjurisdiction of the local authorities of the Terri- sion. If it could not, that must be on account tory. Whatever irregularities may have oc- of some prohibitory or incompatible provision of curred in the elections, it Seems too late now to act of Congress. But no such provision exists. raise that question as to which, neither now nor The organic act, as already quoted, says "the at any previous time, has the least possible legal seat of Government is hereby located tempoauthority been possessed by the President of the rarily at Fort Leavenworth;" and it then pro. United States. For all present purposes te le- vides that certain of the public buildings there gislative body, thus constituted and elected, was "may be occupied and used under the direction the legitimate assembly of the Territory. of the Governor and Legislative Assembly." Accordingly, the Governor, by proclamation, These expressions pight possibly be construed convened the Assembly thus elected to meet at to imply that when, in a previous section of the a place called Pawnee City. The two Houses act, it was enacted that " the first Legislative met, and wer6 duly organized-in the ordinary Assembly shall meet at such place and on such parliamentary form; each sent to and received day as the Governor shall appoint," the word from the Governor the official communications " place" means place at Fort Leavenworth, not usual on such occasions; an elaborate Message place anywhere in the Territory. If so, the Govopening the session waS communicated by the ernor would have been the first to err in this matGovernor, and the general business of legislation ter, not only in himself having removed the seat was entered upon by the Legislative Assembly. of Government to the Shawnee Mission, but in But, after a few days, the Assembly resolved to again removing it to Pawnee City. If there was adjourn to another place in the Territory. A law any departure from the letter of the law, therewas accordingly passed, against the consent of fore, it was his in both instances. the Governor, but in due form otherwise, to re- But, however this may be, it is most unreason. move the seat of government temporarily to the able to suppose that by the terms of the organic "Shawnee Manual-labor School'(or mission), act, Congress intended to do impliedly what it and thither the Assembly proceeded. After this, has not done expressly-that is, to forbid to the receiving a bill for the establishment of a ferry at Legislative Assembly the power to choose any the town of Kickapoo, the Governor refused to place it might see fit as the temporary seat of its sign it, and, by special message, assigned for deliberations. That is proved by the significant reason of refusal, not anything objectionable in language of one of the subsequent acts of Conthe bill itself, nor any pretense of the illegality gress on the subject, that of March 3, 1855, which, or incompetency of the Assembly as such, but in making appropriation for public buildings only the fact that the Assembly had, by its act, of the Territory, enacts that the same shall'not transferred the seat of government temporarily be expended " until the Legislature of said Terfrom Pawnee City to Shawnee Mission. For the ritory shall have fixed by law the permanent seat same reason he continued to refuse to sign other of government." Congress, in these expressions, bills, until, in the course of a few days, he, by does not profess to be granting the power to fix official Message, communicated to the'Assembly the permanent seat of government, but recognizeis the fact that he had received notification of the the power as one already granted. But how I termination of his functions as Governor, and Undoubtedly by the comprehensive provision of 92 THE STRUGGLE FOR SLAVERY RESTRICTION. the organic act itself, which declares that " the purpose of deciding elections or for any other, legislative power of the Territory shall extend and the local authorities find themselves unable to all rightful subjects of legislation consistent to repel or withstand it, they will be entitled to, with the Constitution of the United States and the and upon the fact being fully ascertaineds they provisions of this act." If, in view of this act, shall most certainly receive, the aidof the Generthe Legislative Assembly had the large power to al Government. fix the permanent seat of government at any place But it is not the duty of the President of the in its discretion, of course by the same enact- United States to volunteer interposition by force ment it had the less and the included power to fix to preserve the purity of elections either in a State it temporarily. or Territory. To do so would be subversive of Nevertheless, the allegation that the acts of the public freedom. And whether a law be wise or Legislative Assembly were illegal by reason of unwise, just or unjust, is not a question for him this removal of its place of session, was brought to judge., If it be constitutional-that is, if it forward to justify the first great movement in be the law of the land-it is his duty to cause it disregard of law within the Territory. One of to be executed, or to sustain the authorities of the acts of the Legislative Assembly provided any State or Territory in executing it in opposifor the election of a Delegate to the present-Con- tion to all insurrectionary movements. gress, and a Delegate was elected under that Our system affords no justification of revolulaw. But, subsequently to this, a portion of the tionary acts; for the constitutional means of repeople of the Territory proceeded, without au- lieving the people of unjust administration and thority of law. to elect another Delegate. laws, by a change of public agents and by reFollowing upon this movement.was another peal, are ample, and more prompt and effective and more important one of the same general thdn illegal violence. These constitutionalmeans character. Persons confessedly hot constituting must be scrupulously guarded-this great prethe body politic, or all the hiiabitabts, but merely rogative of popular sovereignty sacredly respecta puirty of the inhabitants, and&Wlthout l&w, have ed. undertaken to suanmon a onvention. fr the pur- It is the undoubted right of the peaceable and.pose of tranasforming the Territory into a State, orderly people of the Territory of Kansas to elect and have framed a coanit;itton, tadopted it, and their own legislative body, make their own laws, under it elected a (lovernor and ooelm Officers, and regulate their own social institutions, without and a representative to Congress. foreignor domestic molestation. Interference, on In extenuation of these illegal acts, it is alleged the one hand, to procure the abolition or prohithatthe Stateof California, Michigan, and others. bition of slave-labor in the Territory, has prowere self-oranized, and as such were dmitted duced mischievous interference on the other for into the Union Without a prevrious enabling act its maintenance or introduction. One wrong beof Congres It is to t that, *hile in a majority gets another. Statements entirely unfounded or of caes aprevioma ct of Congrrees b been pass- grossly exaggerated, concerning events within ed to authorize the Territory to present itselfas a the Territory, are sedulously diffused through reState, and that this is dFemed the most regular mote States to feed the rame of sectional anicorme, yet such an act ha not beein hld f be mnosity there; and the agitators there exert themindispensable, and in seoie cases ethe Territiory ha selves.indefatigably in return to encourage and proceeded without it, and has nevertheless been stimulate strife within the Territory. admitted into the Union as a State. It lies with The inflammatory agitation, of which the presCongress to authorize beforehand, or to confirm entis but apart, has for twenty years produced noafterward in its discretion; but in no instance thing save unmitigated evil, North and South. has a State been admitted upon the application But for it the character of the domestic instituof persons acting against authorities duly consti- tions of the future new State would have been a tuted by act of Congress. In every case it is the matter of too little interest to the inhabitants of people of the Territory, not a party among them, the contiguous States, personal or collectively, to -ho have the power to form a constitution and produce among them any political emotion. ask for admission as a State. No priiieipleof Climate, oil, production, hoes of rapid adpublic law, no practice or precedent under the vancement, and the pursuit of happiness on the Constitution of the United States, no rule of rea- part of settlers themselves, with good wishes but Son, right, or comnion Aense, confers any stch with no interference from without, would have power a that oww clalinedi by a meire paity in quietly determined the question which is at this the Territory. I fticet, W hatb hat beei done is of time of such disturbing character. revolutlonary charactr. It i a eiosedly so in mo- But we are constrained to turn our attention to tive andin aam as rspects the loea faw oftheTer- the circumstances of embarrassment as they now ritery. It will become treasioable insurrection exist. It is the duty of the people of Kansas to if it reach the length of organiied resistance by discountenance every act or purpose of resistfbrce to the fundamiental or any other federal law, ance to its laws. Above all, the emergency apand to the authority of the General Government. peals to the citizens of the States and especially In such an event, the path Of duty for the Exe- of- those contiguous to the Territory, neither by cutive is pain. The Conetituton requiring him intervention of non-residents in elections, nor by to take care that the laws of the United States be unauthorized military force, to attempt to enfaithfully etfeuted, if they be opposed in the croach upon or usurp the authority of the inTerritory of Kansas, he ma at d aould place at habitants of the Territory. the disposal of the marshal any public force of No citizen of our country should permit himself the United States which happens to be within to forget that he is a part of its government, and the jurisdiction, to be used as a portion of the entitled to be heard in the determination of its posse comitatus; and, if that do not suffice to policy and its measures; and that, therefore, the maintain order, then he maycall forth the militia highest considerations of personal honor and of one or more States for that object, or employ patriotism require him to maintain, by whatever for the same object any part of the land or naval of power or influence he may possess, the integforce of the United States. So also if the ob- rity of the laws of the Republic. struction be to the laws of the Territory, and it Entertaining these views, it will be my imperabe duly presented to him as a case of insurrec- tive duty to exert the whole power of the Federal tion, he may employ for its suppression the mili- Executive to support public order in the Territotia of any State, or the land or naval force of the ry; to vindicate its laws, whether Federal or United States. And if the Territory be invaded local, against all attempts oforganized resistance; by the citizens of other States, whether for the and so to protect its people in the establishment THE KANSAS-NEBRASKA STRUGGLE. 93 oftheir owninstitutions, undisturbed by encroach- reignty of a new State, which the Constitument from without, and in the full enjoyment of tion has not placed on the original States. Inthe rights of self-government assured to them by deed, if such a restriction could be imposed on the Constitution and the organic act of Congress. any State, it would instantly cease to be a State Although serious and threatening disturbances within the meaning of the Federal Constitution, in the Territory of Kansas, announced to me by and, in consequence of the inequality, would asthe Governor, in December last, were speedily similate to the condition of a province or dependquieted without the effusion of blood, and in a ency. Hence, equality among all the States of satisfactory manner, there is, I regret to say, rea- the Union is a fundamental principle in our fedeson to apprehend that disorders will continue to rative system-a principle embodied in the Conoccur there, with increasing tendency to violence, stitution, as the basis upon which the American until some decisive measures be taken to dispose Union rests. of the question itself which constitutes the in- African Slavery existed in all the colonies, unducement or occasion of internal agitation and der the sanction of the British government, prior of external interference. to the Declaration of Independence. When the This, it seems to me, can best be accomplished Constitution of the United States was adopted, it by providing that, when the inhabitants of Kan- became the supreme law and bond of union besas may desire it, and shall be of sufficient num- tween twelve slaveholding States and one nonbers to constitute a State, a convention of dele- slaveholding State. Each State reserved the gates, duly elected by the qualified voters, shall right to decide the.question of Slavery for itselfassemble to frame a Constitution, and thus to to continue it as a domestic institution so longas prepare, through regular and lawful means, for it pleased, and to abolish it when it chose. its admission into the Union as a State. I re- In pursuance of this reserved, right, six of the pectfully recommend the enactment of a law to original slaveholding States have since abolishthat effect. ed and prohibited Slavery within their limits reI recommend, also, that a special appropriation spectively, without consulting Congress or their be made to defray any expense which may be- sister States; while the other six have retained come requisite in the execution of the laws ot the and sustained it as a domestic institution, which, maintenance of public order in the Territory of in their opinion, had become so firmly engrafted Kansas. FRANKLIN PIERCE. on their social systems, that the relation between the master and slave could not be dissolved March 12th. —In Senate, Mr. Douglas of with safety to either. In the mean time. eighteen Illinois, from the Committee on Territories, new States have been admitted into the Union, 3made the following in obedience to the Federal Constitution, on an made the follo g equal footing with the original States, including, of course, the right of each to decide the question REPORT: of Slavery for itself. In deciding this question, The Committee on Territories to whom was re- it has so happened that nine of these new States have abolished and prohibited Slavery, while the ferred so much of the annual message of the other nine have retained and regulated it. That President of the United States as relates to ter- these new States had at the time of their admisritorial affairs, togetherwith his specialmessage sion, and still retain, an equal right, under the Federal Constitution, with the original States, to of the 24th day of January, 1856, in regard to decide all questions of domestic policy for themKansas Territory, and his message of the 18th selves, including that of African Slavery, ought of February, in compliance with theresolution not to be seriousy questioned, and certainly can- not be successfully controverted. of the Senate of the 4th of February, 1856, They are a subject to the same spreme questing transcripts of certain papers relative law, which, by the consent of each, constitutes to the affairs of the Territoryof Kansas, having the only limitation upon tlir sovereign authorgiven the same that serious and mature delibe-nd the right to admitne States Since we find the right to admit new States -ration which the importance of the subject de- enumerated among the powers expressly delemands, beg leave to submit the following re- gated in the Constitution, the question arises, port: Whence does Congress derive authority to ~,ort:'organize temporary governments for the TerriYour Committee deem this-an appropriate oc- tones preparatory to their admission into the casion to state briefly but distinctly, the princi- Union on an equal footing with the original ples upon which new States may be admitted and States? Your Committee are not prepared to Territories organized under the authority of the adopt the reasoning which deduces the power Constitution of the United States. from that other clause of the Constitution, which The Constitution (section 3, article 4) provides says: that "new States may be admitted by the Con- "Congress shall have power to dispose of and gress into this Union." make all needful rules and regulation respecting Section 8, Article 1: "Congress shall have the territory or other property belonging to the power to make all laws which shall be necessary United States." and proper for carrying into execution the fore- The language of this clause is much more apgoing powers, and all other powers vested by this propriate when applied to property than to perconstitution in the government of the United sons. It would seem to have been employed for States, or in any department or office thereof." the purpose of conferring upon Congress the pow10th amendment: "The powers not delegated er of disposing of the public lands and other to the United States by the Constitution, nor pro property belonging to the United States, and hibited by it to the States, are reserved to the to make all needful rules and regulations for that States respectively, or to the people." purpose, rather than to govern the people who A State of the Federal Union is a sovereign might purchase those lands from the United power, limited only by the Constitution of the States and become residents thereon. The word United States. "territory" was an appropriate expression to The limitations which that instrument has im- designate that large area of public lands of which posed are few, specific, and uniform-applicable the United States had become the owner by viralike to all the States, old and new. There is no tue of the revolution and the cession by the authority for putting a restriction upon the sove- several States. The additional words, " or other 94 THE STRUGGLE FOR SLAVERY RESTRICTION. property belonging to the United States," clear- stituting temporary governments, must be traced ly show that the term " territory" was used in directly to some provision of the Constitution its ordinary geographical sense to designate the conferring the authority in express terms, or as a public domain, and not as descriptive of the means necessary and proper to carry into effect whole body of the people, constituting a distinct some one or more of the powers which are specipolitical community, who have no representation fically delegated. Is not the organization of a in Congress, and consequently no voice in mak- Territory eminently necessary and proper as a ing the laws upon which all their rights and liber- means of enabling the people thereof to form and ties would depend, if it were conceded that Con- mould their local and domestic institutions, and gress had the general and unlimited power to establish a State government under the authority make all "needful rules and regulations con- of the Constitution, preparatory to its admission cerning" their internal affairs and domestic con- into the Union? If so, the right of Congress to cerns. It is under this clause of the constitu- pass the organic act for the temporary governtion, and from this alone, that Congress derives ment is clearly included in the provision which authority to provide for the surveys of the pub- authorizes the admission of new States. This lic'lands, for securing pre-emption rights to actual power, however, being an incident to an express settlers, for the establishment of land-offices in grant, and resulting from it by necessary implithe several States and Territories, for exposing cation, as an appropriate means for carrying it the lands to private and public sale, for issuing into effect, must be exercised in harmony with patents and confirming titles, and, in short, for the nature and objects of the grant from which it making all needful rules and regulations for pro- is deduced. The organic act of the Territory, tecting and disposing of the public domain and deriving its validity from the power of Congress other property belonging to the United States. to admit new States, must contain no provision These needful rules and regulations may be or restriction which would destroy or impair the embraced, aid usually are found, in general laws equality of the proposed State with the original applicable alike to States and Territories, wher- States, or impose any limitation upon its soveever the United States may be the owner of the reignty which the Constitution has not placed lands or other property to be regulated or dis- on all the States. So far as the organization of a posed of. It can make no difference, under this Territory may be necessary and proper as a clause of the Constitution. whether the " territory, means of carrying into effect the provision of the or other property, belonging to the United Constitution for the admission of new States, and States," shall be situated in Ohio or Kansas, in when exercised with reference only to that end, Alabama or Minnesota, in California or Oregon. the power of Congress is clear and explicit; but The power of Congress to make needful rules beyond that point the authority cannot extend, and regulations is the same in the States and for thereason that all "powers not delegated to Territories, to the. extent that the title is vested the United States by the Constitution, nor proin the United States. Inasmuch as the right of hibited by it ta the States, are reserved to the legislation in such cases rests exclusively upon States respectively, or to the people." In other the fact of ownership, it is obvious it can extend words, the organic act of the Territory, conformonly to the, tracts of land to which the United ingto the spirit of the grant from which it reStates possesathe title, and must cease in respect ceives its validity, must leave the people entirely to each tract the instant it becomes private prop- free to form and regulate their domestic instituerty by purchase from the United States It will tions and internal concerns in their own way, scarcely be contended that Congress possesses subject only to the Constitution of the United the power to legislate for the people of those States, to the end that when they attain.the States in which public lands may be located, in requisite population, and establish a State govrespect to their internal affairs and domestic con- erlment in conformity to the Federal Constitucerns, merely because the United States may be tion, they may be admitted into the Union on an so fortunate as to own a portion of the territory equal footing with the original States in all reand other property *ithin the' limits of those spects whatsoever. States. Yet it should be borne in mind that this The act of Congress for the organization of the clause of the Constitution confers upon Congress Territories of Kansas and Nebraska, was designthe same power to make needful rules and regu- ed to conform to the spirit and letter of the Fedelationsin the States as it does in the Territoies, ral Constitution, by preserving and maintaining concerning the territory or other property belong- the fundamental principle of equality among all ing to theonited States. the States of the Union, notwithstanding the reIn view of these considerations, your Commit- striction contained in the 8th section of the act of tee are not prepared'to affirm that Congress de- March 6, 1820, (preparatory to the admission of rives authority to institute governments for the Missouri into the Union,) which assumed to deny people of the Territories, from that clause of the to the people forever the right to settle the quesConstitution which confers the right to make tion of Slavery for themselves, provided they needful rules and regulations concerning the ter- should make their homes and organize States ritory or other property belonging to the United north of thirty-six degrees and thirty minutes States; much less can we deduce the power from north latitude. Conforming to the cardinal prinany supposed necessity, arising outside of the ciples of State equality and self-government, in Constitution and not provided for in that instru- obedience to the Constitution, the Kansas-Nement. The federal government is one of dele- braska act declared, in the precise language of gated and limited powers, clothed with no right- the Compromise Measures of 1850, that, " when ful authority which does not result, directly and admitted as a State, the said Territory, or any necessarily from the Constitution. Necessity, portion of the same, shall be received into the when experience shall have clearly demonstrated Union, with or without Slavery, as their constiits existence, may furnish satisfactory reasons tutions may prescribe at the time of their admisfor enlarging the authority of the federal govern- sion." Again, after declaring the said 8th section ment, by amendments to the Constitution, in the of the Missouri act (sometimes called the Mismode prescribed in the instrument; but cannot souri C ompromise, or Missouri Restriction) inopafford the slightest excuse for the assumption of erative and void as being repugnant to these powers not delegated, and which, by the tenth principles, the purpose of Congress, in passing amendment, are expressly " reserved to the the act, is declared in these words: "It being States respectively, or to the people." Hence, the true intent and meaning of this act not to before the power can be safely exercised, the legislate Slavery into any State or Territory, nor right of Congress to organize Territories, by in- to exclude it therefrom, but to leave the people THE KANSAS-NEBRASKA STRUGGLE. 95 thereof perfectly free to form and regulate their "For the purpose of answering numerous communidomestic institutions in their own way, subject cations concerning the plan of operations of the Emionly to the Constitution of the United States." grant Aid Company, and the resources of Kansas TerThe passage of the Kansas-Nebraska act was ritory, which it is proposed now to settle, the secretary of the company has deemed it expedient to strenuously resisted by all persons who thought publish the following definite information in regard it a less evil to deprive the people of new States to this particular: * * * and Territories of the right of State equality and "For these purposes it is recommended. 1st. That self-government under the Constitution, than to the trustees contract immediately with some one of allow them to decide the Slavery question for the competing lines of travel for the conveyance of themselves, as every State of the Union had 20,000 persons from Massachusetts to that place in done, and must retain the undeniable ri ht to the West which the trustees shall select for their first Io s lng eConstitution of the O settlement." * do, so long as the Constitution of the nited "It is recommended that the company's agents States shall be maintained as the supreme law locate and take up for the company's benefit, the secof the land. Finding opposition to the principles tions of land in which the boarding-houses and mills of the act unavailing in the halls of Congress are located, and no others. And farther, whenever and under the forms of the Constitution, com- the Territory shall be organized as a free State, the binatioiss were immediately entered into in some trustees shall dispose of all its interests there, replace portions of the Union to control the politicalby the sales the money laid out, declare a dividend to esinies, and form and r ate th c the stockholders, and that they then select a new destinies, and form and regulate the domestic field, and make similar arrangements for the settleinstitutions, of those Territories and future ment and organization of another free State of this States, through the machinery of emigrant aid Union." * * societies. In order to give consisteiecy and effi- " With the advantages attained by such a system of ciency to the movement, and surround it with effort, the territory selected as the scene of operations the color of legal authority, an act of incorpora- would, it is believed, be filled up with free inhabittion was procured from the legislature of the ants. * * * assachus, in w h it ws p - There is reason to suppose several thousand men State of Massachusetts' mn which it was provid- o New-England origin propose to emigrate noder the ed, in the first section, that twenty persons there- auspices of some such arrangement, this very sumin named, and their "associates, successors, and mer. Of the whole emigration from Europe, amountassigns, are hereby made a corporation, by the ing to some 400,000 persons, there can be no difficulty name of the Massachusetts Emigrant Aid Con- in inducing some thirty or forty thousand to take the pany, for the purpose of assisting emigrants to same direction." * * settle in the West; *and for this purpose they "Especially will it prove an advantage to Massasettle in the est; rand for thisvpurpose thnd chusetts, if she create the new State by'her foresight, shall have all the powers andprivileges, and 0abe supply the necessities of its inhabitants, and open in subject to all the duties, restrictions, and liabili- the outset communications between their homes and ties set forth in the 38th and 44th chapters of the her ports and factories." * * * revised statutes" of Massachusetts. " It determines in the right way the institutions of The second section limited the capital stock of the unsettled Territories. in less time than the disthe company to five millions of dollars, and au- cussion of them has required in Congress." thorized the whole to be invested in real and per- Having thus secured from the Se of Mass sonal estate, with the proviso that "the said cor- coor of ea author poration shall not hold real estate in this husetts the color of legal authority to sanction poration shall not hold real estate in this com- p edings, in perversion of the plain promonwealth (Massachusetts) to an amount e- their proceedings, in perversion of the plain proceedinwg tenty ( housed d ollars.n a e visions of an act of Congress passed in pursuance The third section provided for dividing the of the Constitution. the company commenced its he third section provided fo dividing th operations by receiving subscriptions to its capicapital stock of the corporation into shares of oeatons by receing sbscriptions to its apone hundred dollars each, and prescribed the tal stock, and exerting ts whoe poer to h mode, time, and amounts in which assessments monize, combine, and direct, in the channel it might be made on each share. - should mark out, all the elements of opposition The fourth and last section was in these to the principles of the Kansas and Nebraska act. ewords: fort ndlatsetonwThe plan adopted was to make it the interest of "At all meetings of the stockholders, each largebody of men who sympathizedwih them stockholder shall be entitled to cast one vote for the objects of the corporation, to receive thei each share held by him; provided, that no stock- aid and protection, and, under the auspices of the holder shall be entitled to cast more than fifty c t rced to Kans, and acquire votes on shares held by himself, nor more than beafound necesesary and do whatever acts, mtihe fifty votes by proxy." be found necessary to enable them to vote at the Althoug the act of incororation does not dis elections, and through the ballot-box, if possible, Although the act of incorporation does notdis- nt vr litin of th Trri tinctly declare that the company was formed for to gain cntrl over th leislation of the Terthe purpose of controlling the domestic institu- tor. This movement i ufe hose ho tions of the Territory of Kansas, and forcing it originated and control the plan, upon the ground into the Union with a prohibition of Slavery in that the persons whom they sent to Kansas were nto thie U!nion with a prohibition of Slavery the constitution and laws, her constitution, regardless of the.rights and free men, who, nder the onstitution and laws, wishes of thepeople as guarantied by the Consti- had a erfect right to emigrate to Kansas or any tution of the United States, and secured by their other erritory; that the act of emration was organic law, yet the whole history of the move- entirely voluntary on their part; and when they ment, the circumstances in which it had its origin, arrve in the Terrtory as actual settlers, they and the professions and avowals of all engaged had as good a right as any other citizens to vote in it, renaer it certain and undeniable that such attheelections, and participate in the control of was it it certain and undeniable the government of the Territory. This would undoubtedly be true in a case of ordinary emiTo remove all doubt upon this point, your un y be true i a case committee will here p resent a few excfract g f ration, such as has filled up our new States and committee will here present a few extracts from eTerritories, where each individual has gone, on a pamphlet published by the company soon ondit after its organization, under the following cap- his own accout, to im ove i ditinn tion: that of his family. But it is a very different thing where a State creates a vast moneyed corporation for the purpose.of controlling the domestic instiOrganization, obects, and plan of operations of t of a d t oliti om nit it the Emigrant Aid Company; also, a description of tutions of a distinct political community fifteen Kansas, fdr the information of emigrants. hundred miles distant, and sends out the emi Trustees-Amos A. Lawrence, Boston; J. M. grants only as a means of accomplishing its Williams, Cambridge Ely Thaer, Worcestoer. paramount political objects. When a powerful "Treasurer, Ams A. Lawrence. corporation, with a capital of five millions of "Secretary, Thomas H, MWebb, Boston. dollars invested in houses and lands, in merbhan 96 THE STRrTGGLE FOR SLAVERY RESTRICTION. dise and mills, in cannon and rifles, in powder States, can the obligations of each State and and lead-in all the implements of art, agricul- Territory of this Union be less imperative, under turb, and war, and employing a corresponding the Federal Constitution, to observe entii nennumber of men, all under the management and trality in respect to the domestic institutions of control of non-resident directors and stockholders, the several States and Territories? Non-interferwho are authorized by their charter to vote by ence with the internal concerns of other States is proxy to the extent of fifty votes each, enters a recognized by all civilized countries as a fundadistant and sparsely settled Territory with the mental principle of the laws of nations. for the fixed purpose of wielding all its power to control reason that the pence of the world could not be the domestic institutions and political destinies maintained for a single day without it. How, then, of the Territory, it becomes a question of fearful can we hope to preserve peace and fraternal feelimport, how far the operations of the company ings among the different portions of this republic, are compatible with the rights and liberties of the unless we yield implicit obedience to a principle people. Whatever may be the extent or limit of which has all the sanction of patriotic duty as congressional authority over the Territories, it is well as constitutional obligation? clear that no individual State has the right to When the emigrants sent out by the Massapass any law or authorize any act concerning or ehusetts Emigrant Aid Company, and their affili. affecting the Territories, which it might not enact ated societies, passed through the State of Misin reference to any other State. souri in large numbers on their way to Kansas, If the people of any State should become so the violence of their language, and the unmismuch enamored with their own peculiar institu- takable indications of their determined hostility tions as to conceive the philanthropic scheme of to the domestic institutions of that State, created forcing so great a blessing on their unwilling apprehensions that the object of thecompany was neighbors, and with that view should create a to abolitionize Kansas as a means of prosecuting mammoth moneyed corporation, for the avowed a relentless warefare upon the institutions of purpose of sending a sufficient number of their Slavery within the limits of Missouri. These apyoung men into the neighboring State, to remain prehensions increased and spread with the prolong enough to acquire the right of voting, with gress of events, until they became the settled conthe fixed and paramount object of reversing the victions of the people of that portion of the State settled policy and changing the domestic institu- most exposed to the danger by their proximity tions of such State, would it not be deemed an to the Kansas border. The natural consequence act of aggression, as offensive and flagrant as if was, that immediate steps were taken by thepeoattempted by direct and open violence? It is a pie of the western counties of Missouri to stimuwell-settled principle of constitutional law, in this late, organize, and carry into effect a system of country, that while all the States of the Union are emigration similar to that of the Massachusetts united n one, for certain purposes, yet each State, Emigrant Aid Company, for the avowed purin respect to everything which affects its domestic pose of counteracting the effects, and protecting policy and internal concerns, stands in the rela- themselves and their domestic institutions from'ion of a foreign power to every other State. the consequences of that company's operations. Hence, no State has a right to pass any law, or The material difference in the character of the do or authorize any act, with the view to influ- two rival and conflicting movements consists in ence or change the domestic policy of any other the fact that the one had its origin in an aggresState or Territory of the Union, more than it sive, and the other in a defensive policy. The would with reference to France or England. or one was organized in pursuance of the proany other foreign State with which we are at visions and claiming to act under the authority eace. Indeed, every State of this Union is under of alegislative enactment of a distant State, whose higher obligations to observe a friendly forbear- internal prosperity and domestic security did not ance and generous comity towards each other depend upon the success of the movement, member of the Confederacy, than the laws -of while the other was the spontaneous action of nations can impose on foreign States. While the people living in the immediate vicinity of foreign States are restrained from all acts of ag- the theatre of operations, excited by a sense of gression and unkindness only by that spirit of common danger to the necessity of protecting comity which the laws of nations eroin upon all their own firesides from the apprehended horrors friendly-powers, we have assumed the additional of servile insurrection and intestine war. Both obligation to obey the Constitution, which secures parties, conceiving it to be essential to the success to every State the right to control its own internal of their respective plans that they should be upon affairs. If repugnance to domestic Slavery can the field of operations prior to the first election in justify Massachusetts in incorporating a mam- the Territory, selected principally young men, moth company to influence and control that persons unencumbered by families, and whose question in any State or Territory of this Union, conditions in life enabled them to leave at a mothe same principle of action would authorize ment's warning, and move with great celerity, France or England to use the same means to ac- to go at once, and select and occupy the most elicomplish the same end in Brazil or Cuba. or in gible sites and favored locations in the Territory, fifteen States of this Union; while it would license to be held by themselves and their associates who the United States to interfere with serfdom in should followthem. For the sucoessful prosecuRussia, or polygamy in Turkey, or any other ob- tion of such a scheme, the Missourians who lived noxious institution in any part of the world. in the immediate vicinity, possessed peculiar.ad. The same principle of action, when sanctioned vantages over their rivals from the more remote by our example, would authorize all the king- portions of the Union. Each family could send dome, and empires, and despotisms in the world, one of its members across the line to mark out to engage in a common crusade against republic- his claim, erect a cabin, and put in a small crop, anism in America, as an institution quite as ob- sufficient to give him as valida right to be deemnoxious to them as domestic Slavery is to any ed an actual settler and qualified voter as those portion of the people of the United States. who were being imported by the Emigrant Aid If our obligations arising under the laws of Societies. In an unoccupied Territory, where nations are so imperative as to make it our duty the lands have not been surveyed, and where to enact neutrality laws, and to exert the whole there were no marks or lines to indicate the power and authority of the executive branch of boundaries of sections and quarter-sections, and the governmeln, inclu ding the army and navy, where no legal title could be had until after the to enforce them, in restraining our citizens from surveys should be made, disputes, quarrels, viointerfwing with the internal concerns of foreign lence, and bloodshed might have been expected a THE KANSAS-NEBRASKA STRUGGLE. 97 tie natural andinevitable consequences ofsuch ex- s podingtally-lists, andifthe tally-lists shall agree, traordinary systems of emigration, which divided thejudges shall then publicly proclaim the result, and arrayed the settlers into two great hostile: and shall make up and sign duplicate certificates parties, each having an inducement to claim more in the form prescribed; and shall certify, under than was his right, in order to hold it for some their oaths, that the certificate is a true and cornew comer of his own party, and at the same rect return of the votes polled by lawful resident time prevent persons belonging to the opposite voters party from settling in the neighborhood. As a The proclamation also provides that the tickets result of this state of things, the great mass of or votes polled shall, after being counted, be emigrants from the northwest and from other again deposited in the box, together with one States who went there on their own account, copy of the oath, and one list of the voters, and with no other object and influence, by no other one tally-list, and one certificate of return; and motives than to improve their condition and se- that the judges shall seal them up in the box, and cure good homes for their families, were compel- carefully preserve the same until called for by led to array themselves under the banner of one the governor of said Territory, in the event c. of these hostile parties, in order to insure protec- its correctness being contested; and that the rQtion to themselves and their claims against the ag- maining copy of the oath, list of voters, tally-list, gressions and violence of the other. and return, will be taken by one of the judges, At the first election held in the Territory, on who shall deliver the same in person to the govthe 29th day of November, 1854, for a delegate ernor. to Congress, J. W. Whitfield was chosen by an The proclamation also provides that, "In case overwhelming majority, having received the any person or persons shall dispute the fairness votes of men of all parties who were in favor of or correctness of the return of any election-dis. the principles of the Kansas-Nebraska act, and trict, they shall make a written statement, directoposd to placing the polited to placing the politial destinies of the d t the governor, and setting forth the specific Territory in the keeping of the Abolition party cause of complaint or errors in the conducting or of the northern States, to be managed through returning of the election in said district, signed the machinery of their emigrant Aid Compa- by not less than ten qualified voters of the Terrinies. No sooner was the result of the election tory, and with an afdavit of one or more qualiknown, than the defeated party proclaimed fiedvoterstothe truthof the fact therein stated; throughout the length and breadth of the repub- and the said complaint and affidavit shall be lie, that it had been produced by the invasion of presented to the governor on or before the fourth the Territory by a Missouri mob, which had over- day of December next, when the proper proceedawed and outnumbered and outvoted the bona ings will be taken to hear and decide such confide settlers of the Territory. By reference to plaint." the executive journal of the Territory, which By reference to the executive journal of the will be found in the papers furnished by the Territory, we find the following entry: President of the United States in response to a " December 4,186 —The judges of the several eleccall of the Senate, it will be found that Governor tion districts made return of the votes polled at the Reeder, in obedience to what he considered to be election held on the 29th day of November last, for a a duty enjoined on him by the act of Congress or- delegate to the House of Representatives of the United ganizing the Territory, on the 10th day of Novem- States; from which it appeared that the votes in the ber, 1854, issued a proclamation, prescribing the said several districts were as follows, to wit:" time; place, and mode of holding the election, and Here follows a list of the voes cast for each appointing by name three citisens ofthe Territory, candidate in each of the seventeen districts of the relsding in each lection district, to conduct the Territory, showing that eleetion, in such district, together with the follow-. W.Witfieldhadreceied 2258 votes. ing oath, which was taken by the judges before All other persons received 575 entering on their daties, to wit: And on the same page is the following entry: "We d6 verally swear that we will perform our "December I, 1864*-On examining and collting duties as judges of the election, to be held this day, thereturns, J. W. Whitfield is declared by the governin the - district of the Territory of Kansas, to or to be duly elected delegatp to the House of Reprethe best of our judgment and ability; that we will sentatives of the United States, and the same day the keep a correct and faithful record or list of persons certificate of the governor, under the seal of the who shall vote at said election; that we will poll no Territory, issued to said J. W. Whitfield of his electickets from any person who is not an actual bona fid tion." resident and inbitant of said Territory on the day It nowhere ppears that en. Whitfield's right of election, and whom we shall not honestly believe to va sneathirte.erof that election was ever conbe a qualified voter according to the act of Congressy vru o econ was ever con organizing saidTerritory;thatwewillrejectthevote tested. It does not appear that "ten qualified of all and every non-resident whom-we shall believe voters of the Territory" were ever found who to have come into the Territory for the mere purpoe were willing to make the "written statement diof voting; that in all cases where we are ignorant of rected to the overnor, with an affidavit" of one the voter's right, we will require lea evidence or more qualiied voterstothe' truth ofthefacts thereof, by his own oath or otherwise; that we will therein q ated," to t disp ute t he fa o cormakea true and faithful return of the votes which remeut to".ispute the fairness or corshall be polled to the governor of the said Terri- rectnes of the retrns, orto" set forth specific tory." cu fse of complamt or errors in the conducting or returning of the election," in any one of the sevThe same proclamation pointed out in detail enteen districts of the Territory. Certain it is the mode in which thetelection should be conduct- that there could not have been a system of fraud ed; and, among other things, that the polls will and violence such as his been charged by the be opened for reception of votes between eight agents and supporters of the emigrant aid socsand ten o'clock, a. m., and kept open continually ties, unless the governor and judges of election until six o'clock, p. m.; that the judges will keep were parties to it; and your committee are not two corresponding lists of persons who shall vote, prepared to assume afact so disreputable to them, numbering each name; that when a dispute and so improbable upon the state of facts precrises as to the qualifications of a voter, thejuages sented, without speciic charges and direct proof. shall examine the voter or any other persons, un- In the absence of all proof and probable truth, der oath, upon the subject, and the decision of the charge that the Missourians had invaded the, majority of the board will be conclusive; that Territory and controlled the congressional elsewhen the election shall close, the judges shall tion by fraud and violence, was circulated open and count the votes, and keep two corre- throughout the Free States, and made the bais 7 98 THE STRUGGLE FOR SLAVERY RESTRICTION. of the most inflammatory appeals to all men op- whom, by the organic law of the Territory, the posed to the principles of the Kansas-Nebraska legislature was to be composed. On the 17th act to emigrate or send emigrants to Kansas, for day of April the governor issued his proclamathe purpose of repelling the invaders, and assist- tion, summoning these thirteen councilmen and ing their friends who were then in the Territory twenty-six representatives, whom he had comin putting down the slave power, and prohibiting missioned as having been fairly elected, to assemSlavery in Kansas, with the view of making it a ble at Pawnee City on the 2nd day of July, and Free State. Exaggerated accounts of the large organize as the legislature of the Territory of number of emigrants on their way under the Kansas. auspices of the emigrant aid companies, with the It appears from the journal that the two view of controlling the election for members of Houses did assemble, in obedience to the Gover-'the territorial legislature, which was to take nor's proclamation, at the time and place applace on the 30th of March, 1855, were published pointed by him; and, after the oath of office had and circulated. These accounts being repub- been duly administered by one of the judges of lished and believed in Missouri, where the ex- the supreme court of the Territory, to each of citement had already been inflamed to a fearful the members who held the Governor's certificate, -intensity, induced a corresponding effort to send proceeded to -organize their respective houses by at least an equal number, to counteract the ip- the election of their officers; and each notified prehended result of this new importation. Your the other, by resolution, that they were thus duly committee have not been able to obtain definite organized. Also, by joint resolution, appointed and satisfactory information in regard to the al- a committee who waited on the Governor, and leged irregularities in conducting the election, informed him'that " the two houses of the Kan"and the number of illegal votes on the 30th of sas'Legislature are organized, and are now ready'March; but, from the most reliable sources of to proceed to business, and to receive" such information accessible to your committee, in- communication as he may deem necessary. eluding various papers, documents, and state- \ In response to this joint resolution, " a message ments, kindly furnished by Messrs. Whitfield from the Governor, by Mr. Higgins, his private and Reeder, rival claimants of the delegate's seat secretary, transmitting his message, was received, in Congress for Kansas Territory, it would'seem and ordered to be read." that the facts are substantially as follows: The message commences thus: The election was held in obedience to the proclamation of the governor of the Territory, which " To the Honorable the Council and House of Repreprescribed the mode of proceeding, the form of aentatives of the Territory of Kansas: the oath and returns, the precautionary safe- "Having been duly notified that your respective guards against illegal voting, and the mode of bodies have orgapized for the performance of your ofcontesting the election, which were, in substance, ficial functions, I herewith submit to you the usual the same as those already referred to in con- executive communication relative to ~ubjects of legis-'nection with the congressional election. When lotion, which universal and long-continued usage in the period arrived for the ioyernorto canvass the analogous cases would seem to demapd, although no rh erns, andisse ferthi toeeq to cvs h express requirement of it is to be found in the act of blected, it ap eapeson Congress which has brought us into official existence, elected, it appeared that' protests hadbeen filed and prescribed our official duties. against the fairness of the proceedings and the The- position which we occupy, and the solemn correctness of the returns, in seven out of the trust which is confided to us for originating the laws eighteen election-districts into which the Terri- and institutions, and moulding the destinies of a new tory had been divided for election purposes, al- republic in the very geographical centre of our vast leging fraudulent and illegal voting by persons and magnificent confederation, cannot but impress us who were not actual settlers and qualified voters with a dee ad olemn sense f the avyresponsi-h us to of the erritory. It also appears, that in some of lay aside all selfish and equivocal motives, to discard these contested cases, the form of the oath ad- all unworthy ends, and, in the spirit of justice and ministered to the judges, and of the returnsmade charity to each other, with pure 4earts, temby them, were not in conformity to the proclama- pered feelings, and- sober judgments, to address ourtion of the governor. After a careful Investiaa- selves to our task, and so perform it in the fear and tion of the' facts of each case, as presented by. reverence of that God who oversees our work, that the returns of'the judges, a;nd the protests and the tar that'e expect to add to the national banner 91 rcatio if ll petesons l1i disputed the fair- BhallIbe dimmed by no taint ortarnish of dishonor, allegations of ll persons and be subject to no reproach save that which springs ness of the election and the correctness of the from the invltable fallibility of Just and upright returns. the governor' sim'e totthe conclusion men." that it was his duty to set' aside tbe election in these seven disputed districts the effect of which The Governor, with the view to the " ascertain~was, to create two vacancies in the council, and ment of the existing law" in the Territory, pronine in the House of Representatives of the Terri- ceeds to trace the history of all legislation affecttory, to be filled by a new election; and to change ing it since the country was acquired from the result so far as to cause the certificate for one France, and advises the legislature to pass such councilman and one representative to issue to laws as the public interest might requireupon all different persons than those returned as elected appropriate subjects of legislation, and particuby the judges. Accordingly the governor issued larly the Slavery question, the division of the his writs for special elections, to be held on the Territory into counties, the organization of coun24th of May, to fill those vacancies, and, at the ty courts, the election of judicial and ministerial same time, granted certificates of election to officers, education, taxes, revenues, the location eleven councilmen andseventeen representatives, of the permanent seat of government, and the orwhose election had not been contested, and whom ganization of the militia, as subjects worthy of he adjudged to have been fairly elected. At the their immediate attention. special election to fill these vacancies, three of From this message, as well as from all the ofthe persons whose election on the 30th of March ficial acts of the Governor preceding it, having had been set aside for the reasons already stated, reference to the election and return of the memwere re-elected, and in the other districts different bers and the convening of the two houses for lepersons were returned; and the governor having gislative business, the conclusion is irresistible, adjudged them to have been duly elected, ac- that up to this period of time the Governor had cordingly granted them certificates of election, never conceived the idea-if, indeed, he has since ~thus making the full complement of thirteen entertained it-thatthe two houses were spurious'"councilmen and twenty-six representatives, of and fraudulent assemblies, having no rightful THE KANSAS-NEBRASKA STRUGGLE. 99 authority to pass laws which would be binding other, to have been the ground on which he preupon the people of Kansas. On the first day of sented a certificate in one instance, and in anthe session, and immediately after the organiza- oter ordered a new election in reference to tion of the house was effected, the following Re- other districts." But while the minority report'volution was adopted: affirms the right of the governor to go behind the returns and investigate irregularities and illeResolved, That all persons who may desire to con- gal voting at the election, as well as deficiencies test the seats of any persons now holding certificatesof inthe forms of the returns and asserts that he election as members of this house. may present their did exercise this rght in each case in which he prote-ts to the committee on credentials, and that no- ca tice thereof shall be given to the persons holding grnted or withheld a certificate, it maintains such certificates." that the governor's decision, as evinced by his certificate, was final and conclusive and could On the 4th day of July, (being the third day not be reviewed, much less reversed, by either of the session,) the majority of the committee, in- branch of the Territorial legislature. So far as eluding four of the five members, reported that, the question involves the legality of the Kansas "HAVING HEARD AND EXAMINED ALL THE EVI- legislature, and the validity of its acts, it is enDENCE TOUCHING THE MATTER OF INQUIRY BE- tirely immaterial whether we adopt the reasoning FORE THEM, and taking the organic law of Con- and conclusions of the minority or majority regress, passed on the 20th day of May, in the year ports; for each proves that the legislature was 1854, organizing the Territories of Kansas and legally and duly constituted. The minority reNebraska," as their guiding star, they have ar- port establishes the fact, by the position that the rived at the conclusions which they proceed to governor's certificate was conclusive, and that elucidate and enforce in a lengthy report. From he granted certificates to ten out of the thirteen this report, it appears that fifteen out of twenty- councilmen, and to seventeen out of the twentytwo members present were permitted to retain six representatives who finally held their seats, their seats by unanimous consent, no one appear- which was largely more than a quorum of each ing to contest or dispute the fairness of the elec- branch of the legislature. The majority report tion, or regularity or truthfulness of the return, establishes the same fact, by the position tha in either of their cases. Hence the contest was after going behind the governor's certificate reduced to the claims of one member who re- and carefully examining the facts, they con ceived the certificate unler the general election firmed these same ten councilmen and seven of the 30th of March, and the six members pre- teen representatives in their seats, and then sent who received certificates under the special awarded the seats of the other three councilmen election of the 24th of May. In the first case the and nine representatives to the candidates whom decision of the Governor was reversed, and the they believed to have been legally elected at the seat awarded to the candidate who received the general election on the 30th of March. highest number of votes at the election of the The house, by eighteen votes in the affirmative 30th of March, and from whom the certificate had to one vote in the negative, passed a resolution been withheld by the Governor, upon the ground adopting the majority report, and declaring that of irregularity in the election and returns from the contestants " having been duly elected on the one precinct, the exclusion of which poll gave 30th of March, 1855, are entitled to their seats as the majority to the opposing candidate. In the members of this house." Whereupon four of the other six cases, the sitting members were depriv- sitting members, whose seats were vacated by the ed of their seats; and the candidates receiving adoption of the majority report, signed a protest, the highest number of votes at the general elec- and asked that it be spread on the journal of the tion on the 30th of March, were awarded their house, which Was accordingly done in the followplaces, upon the ground that the special election ing words: on the 24th of May was illegal and void, the Gov- "Protest. ernor not being authorized, by the ofganic law t u mm u of the Territory, to go behind the returns, and ersigned, members of the Eouse of *ofh therritor, to go behind the returns, and Representatives of Kansas Territory, believe the orset aside the election held on the 30th of March. ganic act organizing the said Territory gives this The minority report dissents from the reason- house no power to oust any member from this house ing, and protests against the conclusions of the who has received a certificate from the governor; that majority, and affirms the right of the sitting mem- this house cannot go behind an election called by the bers to retain their seats, upon the ground that governor, and consider any claims based on a prior the governor's certificate was not merely prima election. We would therefore protest against such a facis evidence, but was conclusive, in respect to proceeding, and ask this protest to be spread upon the rights of all claimants and contestants; and ournal of th house. Hence the house could not go behind the certifi- "JOHN HUTCHINSON, cates.of election to inquire whether there had WILLIAM JESSEE, been a previous election in those districts on the AUGUSTUS WATTLES, 30th of March, and who had received the highest. D. LAD." number of legal votes at that election. The Under date of July 6, the journal contains proposition is thus stated in the minority report: a message from the governor to the " house of "I cannot agree that this body has the right to representatives of the Territory of Kansas," rego behind the decisions of the governor, who, by turning "house bill entitled' An act to remove virtue of his office, is the organizing federal arm the seat of government temporarily to the Shawof the general government, to evolve and man- nee Manual Labor School, in the Territory of age a new government for this Territory, for the Kansas,' together with his objections." While obvious reason that Congress makes him the sole the governor, in assigning his reasons for returnjudge of the qualifications for membership." It ing the bill, labors to prove that the legislature is true that the minority report, alludes to "evi- had transcended its authority under the organic dence before the committee of great deficiencies, act, in adopting this particular measure, and arnotin the form of conducting the elections, but in gues against its expediency, on the score of the the manner of holding them, both as to the quali- loss of time and money in removing to a differfications of the judges who presided, and the re- ent place during the session, he clearly and disturns made out by them," and says there is tinctly recognizes the council and house of repre"no doubt that these illegal proceedings on the sentatives as constituting the legislature of the one hand induced the governor to withhold cer- Territory of Kansas, elected and organized in tificates from some who, from the number of votes conformity to the act of Congress creating the returned in their favor, might at the same time'Territory. appear to have been properly elected, and on the The reasons of the governor for returning the 100 THE STRUGGLE FOR SLAVERY RESTRICTION. bill, was spread upon the journal, and upon re- legislature, refusing to examine their acts with consideration, it was passed by a two-thirds' vote a view of either approving or disapproving in each branch of the legislature, and thus be- them, they appointed a joint committee of the came the law of the land, " the objections of the two houses to draught a memorial to the Presigovernor to the contrary notwithstanding." dent of the United States, asking his removal On the same day the following resolution was from the office of governor; which memorial adopted by both houses: was signed by the presiding officers and mem" Resolved by the House of Representatives of the bers in joint session. The memorialists, after Territory of Kansas, (the Council concurring therein,) reviewing the causes which had led to such That the legislature of said Territory do adjourn on serious difficulties, and vindicating the right of the 6th day of July, A. D. 1855, to meet again on the legislature, under the organic act, to remove Monday, the 16th day of July, 1855, at 2 o'clock, P. m., the seat of government from Pawnee City to at the Shawnee Manual-labor School, in the said Ter- Shawnee Mission, concluded as follows: ritorv." Shawnee Mission, concluded as follows: "In conclusion, we charge the Governor, A. H. And on the same day the following resolution Reeder, with willful neglect of the interests of the was also adopted by both houses: Territory; with endeavoring, by all means in his power, Resolved, That a Committee of three be appointed to subvert the ends and objects intended to be accomon the part of the Council. to act in conjunction with plished by the *Kansas and Nebraska bill,' by neglectl Committee on the part of the House of Representa- lng the public interests and making them subservient tives, to inform his excellency the Governor that the to private speculation; by aiding and encouraging Legislative Assembly will adjourn this afternoon, to persons in factious and treasonable opposition to the meet /on Monday, the 16th instant, at the Shawnee wishes of the majority of the citizens of the Territory, Manual-labor School, in the Territory of Kansas." and the laws of the United States in force in said Territory; by encouraging persons to violate the laws On the 16th of July, the two houses assembled, of the United States. and set at defiance the comin pursuance of the adjournment, at the Shawnee mands of the general Government; bv inciting persons Manual-labor School, known as Shawnee Mission, to resist the laws which may be passed by the present and proceeded to the discharge of their legisla- Legislative Assembly of this Territory. For these, tive duties. In the mean time the Governor had and many other reasons, we respectfully pray your also repaired to Shawnee Mission, it being the excellency to remove tne said A. ii. Reeder from the falso preaied to Shawnee Mission, it being the exercise of the functions now held by him in said place of his residence in the Territory, and; and represent that a continuance of the seat of the executive offices as established and same will be prejudicial to the best interests of continued by himself, during the whole period he the said Territory. And, as in duty bound, we will exercised the executive functions. ever pray," etc., etc. On the 21st of July, a message was received [Signed by the of icre and members ofboth houses.] from the Governor, by his private secretary, Mr. Lowry, directed " To the House of Representa- On the 15th of August, Governor Reeder adtives of the Territory of Kansas," in which he dressed a note to the Department of State, says: "I return to your House, in which they acknowledging the receipt of a communication originated, the bill entitled' An act to prevent from the acting Secretary, under date of the 28th the sale of intoxicating liquors, and games of July, in which he was notified that "in consechance, within one mile of the Shawnee Manual- quence of your [Governor Reeder's] purchase labor School, in the Territory of Kansas,' and of Kansas half-breed lands," and "more espethe bill entitled'An act to establish a ferry at cially the undertaking of sundry persons, yourthe town of Atchison, in Kansas Territory,' self included, to lay out new cities on military without my approval. I see nothing in the bills or other reservations in the Territory of Kanthemselves to prevent my sanction of them, and sas," and "more particularly, as you have summy reasons for disapproval have been, doubtless, moned the Legislative Assembly of the Territory anticipated by you, as necessarily resulting to meet at one of the places referred to, denofrom the opinion expressed in my message of minated in your official proclamation'Pawnee the 6th instant." City,' I have, therefore, by the direction of the The Governor then proceeds to argue the President, to notify you that your functions and question at great length, whether the legislature authority as Governor of the Territory of Kansas is now in session at a plach which can be recog- are hereby terminated." nized as a seat of government, where the business On the 16th'of August, the journal of the of legislation can be legally or legitimately car- House of Representatives says: ried on. " The following message was received from GoverHe does not question the fairness and legality nor A. H. Reeder, by Mr. Lowry, his private secreof the election of the members composing the tary: legislature; nor the regularity and validity of " To the honorable the members of the Council and their organization; nor their competency as a House of Reprsentatives qf the Territory of Kansas: legislature to pass all laws which they may "OairLXisI: Although, in my message to your deem necessary and proper for the best interests bodies under date of the 21st instant, (ult.) I stated of the people of Kansas, provided it shall be done that I was unable to convince myself of the legality at the rigt place. Upon this point he says: of our session at this place, for reasons then given; and although that opinion still remains unchanged, It seems to be plain that the legislature now in ouh that r n e not afac esion, s far as the pace is concerned, is in yet, inasmuch as my reasons were not satisfactory to ession, so far a the place is concerned, i contra your body, and the bills passed by your houses have vention of the act of Congress, and whepproval, it is ro right to sit, and can makB no valid legislation. proper that I should inform you that aeryour adentertaining these views, I can give no sanction to journment of yesterday I received official notification any. bill that may be passed; and if my reasons are that my fancions s governor of the Territory of not satisfactory to the Legislative Assembly, it follows Kansa were terminated. No successor having arthat we must act independently of each other." rived, Secretary Woodson will of course perform the In conclusion the Governor says: duties of the office a acting governor. "If I am right in these opinions, and our Territory A. H. RsDsa." shall derive no fruits from the meeting of the present Inasmuch as Governor Reeder dissolved his Legislative Assembly, I shall at least have the satis- official relations with the legislature, and denied faction of recollecting that I called the attention of the validity of their acts, solely upon the ground the Assembly to the point before they removed, and that th d wrong place, it bethat the responsibility, therefore, rests not on the Executive." comes material to inquire whether it was competent for them, under the organic act, to remove The Governor having thus suspended all off- the seat of government temporarily from " Pawoial intercourse with the two branches of the nee City" to the Shawnee Mission. The 24th THE KANSAS-NEBRASKA STRUGGLE. 101 section of the organic act provides "that the of Fort Leavenworth, but for the fact that on legislative power of the Territory shall extend the 3d of March, 1855, and before any portion to all rightful subjects of legislation consistent of the.money had been expended, or even the with the Constitution of the United States and the site selected, Congress'made a further approprovisions of this act." priation of twenty-five thousand dollars for pubThat the location of the seat of government, lie buildings, with the proviso "that said monand the changing of the same whenever the pub- ey, or any part thereof, or any portion of the lie interests and convenience may require it, is a money heretofore appropriated for this purpose a rightful subject of legislation," is too plain to shall not be expended until the legislature of admit of argument; hence the power is clearly said Territory shall have fixed by law the perincluded in this general grant, and may be exer- manent seat of government." This provision cised at pleasure by the legislature, unless it did not confer upon the legislature any power shall be made to appear that Congress, by some in respect to the location of the seat of governother provision, has imposed restrictions or con- ment, either temporarily or permanently, which ditions upon itsexercise. it did not previously possess; for the general The thirty-first section of the organic act pro- grant, extending to all " rightful subjects of vides "that the temporary seat of government legislation," necessarily included the right to of said Territory is hereby located at Fort Leav- determine the place of holding its session. enworth; and that such portions of the public The object, as well as legal effect, of this provibuildings as may not be actually used and need- sion, was, to restrain the governor from expended for military purposes may be occupied and ing the appropriation until the voice of the used, under the direction of the governor and people of Kansas should be expressed, through legislative assembly, for such public purposes as their legislature, in the selection of the place; may be required under the provisions of this leaving the governor to perform his whole act;" and the twenty-second section of the same duty under the 22d section of the organic act act provides that " the persons thus elected to by appointing the place and day of the first the legislative assembly shall meetat such place meeting of the legislature, and of expending and on such day as the governor shall appoint" the money appropriated by Congress for the for the first meeting. These two provisions, be- erection of public buildings, at such place as ing parts of the same act, and having reference the legislature should designate for the permato the same subject-matter, must be taken to- nent seat of government of the Territory. gether, and receive such a construction as will Under this view of the subject, it is evident give full effect to each, and not render either that the legislature was clothed with legitimate nugatory. While, therefore, the governor was authority to enact the law in obedience to which authorized to convene the legislature, in the first its session was adjourned from Pawnee City to instance, at such place as he should appoint, still Shawnee Mission; and that its enactments, made be was required, by that provision which made at the latter place. must have the same force and Fort Leavenworth the temporary seat of govern- validity that they would have possessed had not ment, with the view of using some of the public the removal taken place. buildings, to designate as the place some one of Those who seek to find some tenable ground the public buildings within the military reserva- upon which to destroy the validity of the legislation of Fort Leavenworth. Had not Congress, tive acts of Kansas, seeing that they cannot in the mean time, interposed and changed the law, safely rely upon the alleged irregularity of the as here presented, the governor would not have elections, nor upon the absence of legal authoribeen authorized to have convened the legislature ty in the legislature to remove the seat of Govat " Pawnee City," nor at any other place in the ernment, flatter themselves that they have reTerritory than some one of the public buildings cently discovered a new fact which will extricate at Fort Leavenworth, as provided in the organic them from their difficulty, and enable them to act. accomplish their purpose. It is, that by the In view of the fact that the Secretary of War treaties of November 7, 1825, and of August 8, had intimated an opinion that all of the public 1831, with the Shawnees of Missouri and Ohio buildings at Fort Leavenworth were needed for a large tract of land, including the Shawnee military purposes, and that the location of the Mission, where the legislature held its session, seat of government, even temporarily, within and the governor established the executive ofthe lines of a military reservation, where the fies, was secured to those Indians, with the military law must necessarily prevail, would be guaranty on the part of the United States " that inconvenient, if not injurious to the public ser- said lands shall never be within the bounds of vice, the following provision was adopted in the any State or Territory, nor subject to the laws appropriation bill of the 5th of August, 1854, for thereof;" and that the 19th section of the Kanthe purpose of enabling the governor to erect sas-Nebraska act provides that " nothing in this buildings for the temporary seat of government act contained shall be construed to include any at some more suitable and convenient point in territory which, by treaty with any Indian tribe, the Territory: " That, in the event that the Sec- is not, without the consent of said tribe, to be retary of War shall deem it inconsistent with the included within the territorial limits or-jurisdicinterest of the military service to furnish a suffi- tion of any State or Territory; but all such tercient portion of the military buildings at Fort ritory shall be excepted out of the boundaries, Leavenworth for the use of the Territorial gov- and constitute no part of the Territory of Kanernment of Kansas, the sum of twenty-five thou- sas." Upon the authority of these clauses of sand dollars shall be, and in that contingency is the treaties, and of the act of Congress organhereby, appropriated, for the erection of public izing the Territory, it. is assumed that the buildings for the use of the legislature of the Shawnee Mission, where the legislature enacted Territory of Kansas, to be expended under the those laws, was not within the limits orjurisdicdirection of the governor of said Territory." tion of the Territory of Kansas, and hence they Under this provision, taken in connection were null and void. Without admitting, even with that clause of the organic act which au- by implication, that the place where the legisthorized the governor to convene the legislature lature should enact its laws would to any exat such place as he should appoint, he would tent impair their validity, it is proper to call have had the right to establish the temporary the attention of the Senate to the fact recorded seat of government and erect the public build- on its journal, that on the 10th of May, 1854, ings at Pawnee City, or any other place he (only a few days before the passage of the Kanmighthave selected in the Territory, instead sas-Nebraska act,) a treaty was made with 102 THE STRUGGLE FOR SLAVERY RESTRICTION. these same Indians, by the first article of which that Pawnee was not a suitable place for them all the lands granted to them by the said trea- to meet: ties of 1825 and 1831 were ceded to the United " After the contest was over, and the result States, and, being thus exempted from the ope- known, he delayed the assembling of the body ration of the guaranties in those treaties, were, until the 2d day of July-more than three by the terms of the organic act of Kansas, in- months afterwards-and that, too, when the eluded within the limits, and rendered subject whole Union was convulsed on account of alto the jurisdiction of said Territory. leged outrages in Kansas Territory, and yet no The second article granted the house in law for the punishment or prevention of them. which the legislature afterwards held its ses- When at last they did meet, upon the call of sions, and the land upon which the house stood, the governor, at a point where they had preto the missionary society of the Methodist Epis- viously, in an informal manner, protested copal Church South, in these words: " Of the against being called, with an avowal of their lands lying east of the parallel line aforesaid, intention to adjourn to the point at which they there shall first be set apart to the missionary are now assembled, for the reasons that the resociety of the Methodist Episcopal Church quisite accommodations could not be had; where South, to include the improvements of the In- there were no facilities for communication dian Manual-labor School, three sections of land; with their families or constituents; where they to the Friends' Shawnee Labor-school, including could not even find the commonest food to eat, the improvements there, three hundred and unless at an enormous expense, there being no twenty acres of land; and to the American gardens yet made by the squatters; where the Baptist Union, to include the improvements house in which we were expected to-assemble where the superintendent of the school now re- had no roof or floor on the Saturday preceding sides, one hundred and sixty acres of land; and the Monday of our assembling, and for the also five acres of land to the Shawnee Methodist completion of which the entire Sabbath day and Church, including the meeting-hodse and grave- night was desecrated by the continual labor ef yard; and two acres of land to the Shawnee the mechanics; where, at least, one-half of the -Baptist Church, including the meeting-house members, employes, and almost all others who and grave-yard." had assembled there for business or otherwise, The other articles of the treaty provide for had to camp out in wagons and tents during a the survey of those lands, and for granting two rainy, hot season, and where cholera broke out, hundred acres to each Shawnee Indian, to be as a consequence of the inadequate food and held as private property, subject to such condi- shelter; and when, under all of these circumtions as Congress should impose, and recognize stances of annoyance, they finally passed an act the right of.the legislature to lay out roads and adjourning to this point-Shawnee Manual-lapublic highways across the Indian lands, on the bor School-where ample accommodations are same terms as the law provides for their loca- provided, and-where the governor himself had tion through the lands of citizens of the United previously made it the seat of government, they States.'he Rev. Thomas:Johnson, who was were met by his veto, which is herewith transpresident of the Kansas legislative council, and mitted." also ageht of the Missionary society of the Me- Your committee have not considered it any thodist Episcopal Church, to which the lands and part of their duty to examine and-review each improvements belonged, authorized the legis- enactment and provision of the large volume of lature to use and occupy such portions of the laws adopted by the legislature of Kansas upon buildings of which he held the lawful posses- almost every rightful subject of legislation, and ion as they should find convenient in the exer- affecting nearly every relation and interest in cise of their legislative functions. life, wit a view either to their approval or disUpon a careful review and examination of approval by Congress, for the reason that they all the facts, laws, and treaties, bearing upon are local laws, confined in their operation to the the point, your committee are clearly of the internal concerns of the Territory, the control opinion that the Shawnee Manual-labor School and management of which, by the principles of was a place to which the legislature might the Federal Constitution, as well as by the very lawfully adjourn and enact valid laws in pursu- terms of the Kansas-Nebraska act, are confided ance of the organic act of the Territory. to the people of the Territory, to be determined We do not deem it necessary to inquire into by themselves through their representatives in the expediency of the removal of the seat of their local legislature, and not by the Congress, government, for the reason that it cannot affect in which they have no representatives to give or the validity of the legislative proceedings. It withhold their assent to the laws upon which is sufficient to state, that the reasons assigned their rights and liberties may all depend. Under by the Governor against the expediency of the these laws marriages have taken place, children measure were: first, "the loss of time (more have been born, deaths have occurred, estates valuable because limited) which our organic have been distributed, contracts have been made, law allots to the legislative session;" and se- and rights have accrued which it is not compecondly,'because it will involve a pecuniary tent for Congress to divest. If there can be a loss, in view of the arrangements which have doubt in respect to the validity of these laws, been made at this place for our accommoda- growing out of the alleged irregularity of the tion." As an offset to the unfortunate circum- election of the members of the legislature, or the stance that the people of Kansas would be de- lawfulness of the place where its sessions were prived, for the period of ten days, of all the held, which it is competent for any tribunal to advantages and protection which were expect- inquire into with a view to its decision at this ed to result from the wholesome laws which day, and after the series of events which have the governor had recommended them to enact ensued, it must be ajudicialquestion, over which upon all rightful subjects of legislation, and to Congress can have no control, and which can be the pecuniary loss which would be sustained in determined only by the courts of justice, under oonsequence of the removal from Pawnee City, the protection and sanction of the Constitution. the members of the legislature, in their memo- When it was proposed in the last Congress to rial to the President of tie United States, asking annul the acts of the legislative assembly of Minhim to remove the governor, state their reasons nesota, incorporating certain railroad companies' as follows, for the allegation that there was an this committee reported against the proposition, unnecessary loss of three months' time after and, instead of annulling the local legislation of the election in convening the legislature, and the Territory, recommended the repeal of that THE KANSAS-NEBRASKA STRUGGLE. 103 clause of the organic act of Minnesota which It is difficult to see how a more guarded law could be reserves to Congress the right to disapprove its framed, for the purpose of protecting the pu ity ol laws. That recommendation was based on the elections and the sanctity of the ballot-box. The law does not require the voter to swear to support theory that the people of the Tentory, being the fugitive-slave law, or the Kansas and Nebraska citizens of the United States, were entitled to bill, unless he is challenged; in that case, he is rethe privilege of self-government in obedience quired'to take an oath to support each of these laws. to the Constitution; and. if, in the exercise of As to the dollar law, [so called,] it is merely a pollthis right, they had made wise and just laws, tax, and has no more connection with the right of they ought to be permitted to enjoy all the ad- suffrage than any other tax levied by the territorial vantages resulting from them; while, on the authority, and is to be paid whether the paty votes contrary, if they had made unwise and unjust force beyond this year, and was resorted to is such laws, they should abide the consequences of to supply the territorigl treasury with the necessary their own acts until they discovered, 4cknow- means to carry on the government. ledged, and corrected, their errors. "It has also been charged against the legislature that It has been alleged that gross misrepresenta- they elected all of the officers'of the Territory for six tions have been made in respect to the charac- years. This is without any foundation. They elected ter of the laws enacted by the legislature of no ofcer for six ears; nd the only civil oficer they retain the election of,.that occurs to us at presKansas, calculated, if not0designe i,to preju- ent, are the auditor and treasurer of state, and the dice the public mind at a distance against those district attorneys, who hold their offices for four, ad who enacted them, and to create the impres- not six years. By the organic act, the commissions sion that it was the duty of Congress to inter- issued by the governor to the civil officers of the Ter-' fere and annul them. In view of the violent ritory all expired on the adjournment of the legislaand insurrectionary measures which were being lature. To prevent a failure in the local administrataken to resist the'aws of the Territory, a con- ticn, and from necessity, the legislature made a numvention of delegates, representing almostevery her of temporary appointments, such as probate t judge, and two county commissioners, and a sheriff of portion of the Territory of Kansas, wh elat eachcounty, The probate judge and countycormisthe city of Leavenworth on thle 14th of Novem- sloners constitute the tribunal for the transaction of bher, 1855, at which men of all shades of'political countiy buin'ess, and are invested with the power to opinions, "Whgas, Democrats, Pro-slavery appoist justice. of the peace, constables. county surmen, and Free-state men,'all met and harmo- veyor, recorder, nd:.cler, etc. Probate judges, counnized'together, asad forgot their former differ- ty.commisionersheriffs, etc.,aalltemporaryapences in the common danger that seemed ti pom pitsani seifdeelective. by the people at the. first annual el~eeti~o 1857. The legislature couldl threaten the peace, good order, and prosperity not h/ve avoided making some temporary appoint: of this community." This convention was pre- mets. No electon could have been held without aided'over by the governor of. the Territory, as- them. There were no judges,ijustices of the peace, or sisted by a majority of the juigese of the su- other officers to conduct an election of any kind, unpreme court; and the address to the citizens f til appointed by the legislature. It was the exercise the United Stattes, among other distinguished of powerwhich the first legislative assembly in every ntames, bears the signatures'of the' United Territory must, of necessity. exercise, in order to put.S..tates district attorney~ ani marsbi4 tr the the local government in motion. We see nothing in States district attorney an,4 marshM for. the this to justify revolution or a resort to force. The Territory. law for the protection of slave property has also been It is but reasonable to assume that the inter- much misunderstood. The right to pass such a law is pretation which these functionaries hve xpressly stated by Governoris inaugural to the acts of the Kansas legislature ip this ad- message, in which he says:' A territorial legislature dress will be osetrved, in their oflicial exposi- s7pay undoubtedly act upon the question to a limited tion and execution of the same. a reerendce and partial extent, and may temporarily prohibit, tol; erate or regulate slavery in the - Territory, and in as to the wide-spread perversions and: mis^repre sta thion ~s ofp perverions~ absolute or modified form, with-allthe force and ef, eentations of those laws, this address says: feet of any other legislative act, binding until repeal" The lawse pa5ed by the legislature have been most edby the same power that enacted it.' There is notht grossly mssrep~reseiited with the'vIew of prudiginct itself, as hs been charged, to prevent the public against that body, and at an excuse for the rdisuswooftheeubjctof slavery. Its bear.'revolutionary movements in this Territory. The n soci, mrity orexpedcy, owhet limits of this address will not permit a correction oft would be politicor mpolitic to make this a sa ill these misrepresentations; but we will notice some of te cbe discussed heasfrely as anySta. them, that have had the most wide-spread circulation. in this Union, without infringing any of the provis. "It hasbeen charged and widlyycirculaltedtbhatithe ions of the law. To deny the right of a person to hold slaves under the law in this Territory is made penal; legislature, in order to perpetuate their rule, had pass s nde the is rriti m el baa bodt his, there is no restriction to the discused a law prescribing the quialificatio, of voters, by which it is eclred'tat any oe may vote who ion of the Slavery question, in any aspect in which swear allegiance to the fugitive-slave law, the Kansas i is capable of being coidered, We do nt wish to be understood as approving of all the laws passed by ared tNebraetha bilevidnc p of oneilar.' Such is. de- th legislature; on the contrary, we would state that the. re are some that we do not approve of, aud which qualification of voters. In reply to this, we say that cothr aed by ta ono ar and which no such law was /ver passed by tLe, legislature. - Theere, and hich w Ap doaixb;o,be repealed or modified li the meeting of the rao escthabig t nile ualicartion tf vote e re ust bey next legislature.'But this is nothing more than what twquaenicaty-on to oftage, anactualo inhabit anatof tha frequently occurs, both in the legislation of Congress twenty-one years of age, an actual inhabitant'of'this....land of the p various State.legislatures. The remedy Territory, and of the county or district in which he of the s res. The remedy for such evils is to be found in public opinion, to offers to vote, and shall have paid a territorial tax. which sooner or later, in a government like ours, all There is no law requiring him to pay a dollar-tax as laws must conform." a qualification to vote. lie must pay a tax it is true, - [and this is by no means an unusual requirement in A few days after Governor Reeder dissolved the States;] but whether this tax is levied on his per- his official relations th the legslatre, on c tonal or real property, his money at interest, or is official relations with the legislature, on a poll-tax, makes no dfference; the payment of any count of the removal of the seat of government territorial tax entitles the person to'ote, provided and while that body was still in session, a meethe has the other qualifications provided by law. The ing was called by many voters," to assemble act seems to be carefully drawn with the view of ex- at Lawrence on the 14th or 15th of August, 1855, eluding all illegal and foreign votes. The voter must "'to take into consideration the propriety' of ooxes; and ample provision is made for contesting the following preamble and resolutions were, Arlerions, and purging the- polls of all illegal votes, adopted with but one dissenting voice: 104 THE STRUGGLE I-OR SLAVERY RESTRICTION. "Whereas the people of Kansas Territory have was taken on the person of one George F. Warbeen Fince its settlement. and now are, without any ren, who attempted to conceal and destroy the law-making power: ther fore, same by thrusting it into his mouth, and biting " Be it resolved, That we, the people of Kansas Ter- and chewing i Althouh somewhat mutilate ritory, in mass meeting assembled, irrespective of par- bythe " th rin " it- ars internal evidence ty distinctions, influenced by a common necessity, and y tOopeints, in evidence greatly desirous of promoting the common good, do of being a genuine document, authenticated by bereby call upon and request all bonafide citizens of the original signatures of " G. W. Hutchinson, Kansas Territory, of whatever political views and predi- grand general," and "J. K. Goodwin, grand lections, to consult togetherin theirrespectiveelection quartermaster." On the last page was a charter districts. and in mass convention or otherwise, elect of the Kansas legion, authozing the said three delegates for each representative of the legisla- George F. Warren, om whose mouh the dou tivre assembly, by proclamation of Governor Redder e aen, fom e of date 10th March, 1855; said delegates to assemblent, as in convention at the town of Topeka, on the 19th day follows: of September, 18f55, then and there to consider and de- "Charter of the Kansa Legion. termine upon all subjects of public interest, and particularly upon that having'reference tothe speedy "UmITSD STAs or AMssiCA, formation of a State constitution, with an intention Territory f Kansas. of an immediate application to be admitted as a State "Know all men by these presents, that wi, the into the Union of the United States of America." Grand Encampment of the Kansaa Legion of Kansas This meeting, so far as your committee have Tetor, have created, cartered, and empoered, been able to ascertain was the first step in that and by these presents do crete, charter, and empower George P, Warren to be regiment series of proceeding which resulted in the No. -; of the Kansae Legion; and, as suchs adoption of a constitution and State govern- they are hereby invested with all and singular the ment, to be put in operation on the 4th of the aathority and privileges with which each and every present month, in subversion of the Territorial regiment is invested, working under a charter from government established under the authority of the Grand Encampment. T ness. The right set up the State gov- "In witness whereof, we have hereunto set our rnment in defiance pf the constituted authori bands, this sixteenth day of August, one thousand eight hundred and fifty-five. ties of the Territory is based on the assumption " that the people of Kansas Territory have been GG. W. HUTC dISO since its settlement, and now are, without any J. g. GOODWIand law- making power;" in the face of the well- Grand Quartermster. known fact, that the Territorial legislature were then in session, in pursuance of the procla- The constitution consists of six articles, regumation of Governor Reeder, and the organic law lating the organization of the "Grand Encampof the Territory. On the 5th of September, a ment," which is "composed of representatives " Territorial delegate convention" assembled at elected from each subordinate regiment existing the Big Springs "to take into consideration the in the Territory, as hereafter provided. The present exigencies of political affairs," atwhich, officers of the Grand Encampment shall consist among others, the following resolutions were of a Grand Genera, Grand Vice-General,Grand adopted: Quartermaster, Grand Paymaster, Grand Aid "Resolved. That this Convention, in view of its two Grand Sentinels, and Grand Chaplain. ecent repudiation of the acts of the so-called Kansas "The Grand Encampment shall make all nomina. legislative assembly, respond most heartily to the tions for Territorial officers at large, and immediately call made by the people's convention of the 14th after such nominations shall have been made, the ultimo, for a delegate convention of the people of Grand General shall cmmunn ate the result to every Kansas, to be held at Topeka, on the 19th instant, to regiment in the Territory." consider the propriety of the formation of a State Constitution. and such matters as may legitimately The officers of the "GRAND ENCAMPMENT" come before it. "Resolved, That we owe no allegiance or obedience e, Grand General Rev. G. W. Hutchinson, to the tyrannical enactments of this spurious legis- Lawrence, K. T. lature; that their laws have no validity or binding Grand Vice-General, C. K. Holliday, Topeka, force upon the people of Kansas; and that every free- K. T. man among us is at full liberty, consistently with his Grand Quartermaster, J. K. Goodwin, Lawobligations as a citizen and a man, to defy and resist rence, K T them if he choose so ato do. Grand Paymaster, Charles Leib, M. D., Lea" Resolved, That we will endure and submit to these venworth city, K. T. laws no longer than the bt interests of the Territoryof the subordinate enrequire, as the least of two evils, and will resist them By "the constitution of the subordinate ento a bloody issue as soon a we ascertain that peace- campment, "the officers of each subordinate able remedies shall fail, and forcible resistance shall regiment shall consist of a colonel, a lieutenantfurnish any reasonable prospect of success; and that colonel, a quartermaster, aid, and two sentinels. in the mean time we recemmend to our friends The regiment located in each and every election througott the Territory, the organization and disci- district, shall make nominations for all candipline of volunteer companies, and the procurement dates for office in their respective districts; and preparation of arms." but where there shall be two or more regiments With the view to a distinct understanding of in any one election district, of whatever kind, the meaning of so much of this resolution as these nominations shall be made by delegates relates to the " organization and discipline of from the respective encampments within said volunteer companies, and the procurement and district." preparation of arms," it may be necessary to The "ritual" continues the okder of business state, that there was at that time existing in the and modes of proceeding in the subordinate Territory a secret military organization, which encampment, under the following heads: had been formed for political objects prior to 1st. Reading the minutes by the quarterthe alleged invasion, at the election on the 30th master. of March, and which held its first " Grand En- 2d. Proposals for new recruits. campment at Lawrence, February 8th, 1855." 3d. Voting for same. Your Committee have been put in possession of 4th. Initiation of recruits. a small printed pamphlet, containing the " con- 5th. Reports of committees. stitution and ritual of the grand encampment 6th. Unfinished business appearing on the and regiments of the Kansas legion of Kansas minutes. Territory, adopted April 4th, 1855," which, dur- 7th. Miscellaneous business. ing the recent disturbances in that Territory, 8th. Adjournment. THE KANSAS-NEBRASKA STRUGGLE. 105'The' opening ceremony" of the subordinate nels, you will open the doors, that our soldiers may encampments is as follows: retire pleasantly and in order." "The colonel, lieutenant-colonel, quartermaster, paymaster, aid, and senlinelr. being in their respec- Your committee have deemed it important to tive places. the regiment shall be called and thus give this outline of the "' constitution and ritual addressed by the oolonel: of the grand encampment and regiments of the "Colonel. Fellow-soldiers in the Free-State army: Kansas legion," as constituting the secret orThe hour has arrived when we must resumethe duties ganization, political and military, in obedience devolving upon us. Let us each, with a heart de- to which the public demonstrations have been voted to justice. patriotism. and liberty, attend close- made to subvert the authority of the Territorial ly to all the regulations laid down for our govern- government established by Congress, by setting ment and action; each laboring to make this review up a State government, either with or without pleasant and profitable to ourselves, and a blessing to the assent o Congress, as circumstance should our country. Aid, are the sentinels at their post, with assen o ngre, circumstances should closed doors? determine. The endorsement of this military "Aid. They are. organization, and the recommendation by the " Colonel. Aid, you will now review the troops in Big Springs convention for" the procurement the regiment's pass-words. and preparation of arms," accompanied with "Aid. (Alter examination.) I have examined the distinct declaration that "we will resist them personally, and find each correct. Cthem sonel. I ponounced this rgiment aye and them [the laws enacted by the Kansas legislaready for se rvice." ture] to a bloody issue, as soon as we ascertain that peaceable remedies shall fail, and forcible Then follows the process of initiating new re- resistance shall furnish any reasonable proscruits, who are properly vouched for by mem- pect of success," would seem to admit of no bers of the order, the preliminary obligations to other interpretation than that, in the event that observe secrecy, the catechism to which the the courts of justice shall sustain the validity candidate is subjected, and the explanations of of those laws, and Congress shall refuse to adthe colonel in respect to the objects of the order, mit Kansas as a State with the constitution to which are thus stated: be formed at Topeka, they will set up an inde-' First, to secure to Kansas the blessing and pros- pendent government in defiance of the federal perity of being a free State; and, secondly, to protect authority. the ballot-box from the LEPROUS TOUCH of UnPaINo- The same purpose is clearly indicated by the LSDn HMN." other proceedings of this convention, in which These and all other questions being satisfac- it is declared that "we with scorn repudiate torily answered, the final oath is thus adminis- the election-law, so called," and nominate Govtered: ernor Reeder for Congress, to be voted for on a "With these explanations upon our part, we shall different day from that authorized by law, at ask of you that you take with us an obligation placing an election to be held by judges and clerks not yourself in the same attitude as before. appointed in pursuance of any legal authority, "OBLIGATION. and not to be sworn by any person authorized O- inAT. mt sm by law to administer oaths; and the returns to " I,, in the most solemn manner, here be made, and result proclaimed, and certificate In the presence of Heaven and these witnesses, bind granted, in a mode and by persons not permitted myselfthatI will neverre^vealnor cause to be,re granted, in a mode and by persons not permitted myself that I will never reveal, nor cause to be ret__o perform these acts by any law, in or out of the vealed, either by word. look, or sign, by writing, printIng, engraving, painting, or in any manner whatso- Territory. ever, anything pertaining to this institution, save to In accepting the nomination, Governor Reeder persons duly qualified to receive the same. I will addressed the convention as follows; and, among never reveal the nature of the organization, the other things, said: place of meeting, the fact that any person is a member of the same, or even the existence of the organi- "In giving him this nomination in this manner, sation, except to persons legally qualified to receive they had strengthened his arms to do their work. and, the same. Should I at any time withdraw, or be sus- in return, he would now pledge to them a steady, unpended or expelled from this organization, I will keep flinching pertinacity of purpose, never-tiring industry, this obligation to the end of life. If any books, pa- dogged perseverance, and, in all the abilities with pers, or moneys belonging to this organization be in- which God had endowed him, to the righting of their trusted to my care or keeping, I will faithfully and wrongs, and the final triumph of their cause.' He completely deliver up the same to my successor in believed, from the circumstances which had for the last office, or any one legally authorized as flhow; and to petition the government for the redress of "Theas geioWnerosal; as. el grievances; in the exercise of this right, the inhabit"The general assembly shall meet on the 4th ants of Arkansas may peaceably meet together in day of March, A. D. 1856, at the city of Topeka, at primary assemblies. or in conventions chosen by such 12 m., at which time and place the governor, lieuten-.assemblies, for the purpose of petitioning Congress to ant-governor, secretary of state, judges of supreme abrogate the Territorial government, and to admit court, treasurer, auditor, state printer, reporter, them into the Union as an independent State. The and clerk of supreme court, and attorney-general, shall particular form which they may give to their petition appear, take the oath of office, and enter upon the cannot be material, so long as they confine themselves discharge of the duties of their respective offices un- to the niere right of petitioning, and conduct all their der this constitution; and shall continue in office in proceedings in a peaceable manner. And as the powerof the same manner, and during the same period, they Congress over the whole subject is plenary and unlimwould have done had they been elected on the first itedthey may accept any constitutionhowever framed, Monday in August, A. D. 1856." which in their judgment meets the sense of the people to be affected by it. If. therefore, the citizens of The elections for all these officers were held Arkansas think proper to accompany their petition at the time specified; and on the fourth day of with a written constitution, framed'and agreed on by the present month, the new government was to their primary assemblies, or by a convention of delehave been put in operation, in conflict with gates chosen by such assemblies, I perceive no legal the Territorial government established by Con- objection to their power to do so, nor to any measure gress, and for the avowed purpose of subverting which may be taken to collect the sense of the people and~ overthrowing thesaein respect to it; provided, always, that such measures and overthrowing the same, without reference be commenced and prosecuted in a peaceable manner, to the action of Congress upon their applica- in strict subordination to the existing Territorial govtion for admission into the Union. ernment, and in entirt subserviency to the power of Your committee are not aware of any case in Congress to adopt reject, or disregard them at their the history of our own country, which can be pleasure. fairly cited as an example, much less a justifica- "It is, however, very obvious, that all measures commtion, for these extraordinarenced and prosecuted with a design to subvert the tion, for these extraordinaryproceediings. Cases iTerri'toril gtovriiiint, and to-establtlsh and put in have occured' in which the inhabitaits of par- force in its gplace new governettn ti e ithout thed conticular Territories have been permitted to form sent ofCongress, will be unlawful; The laws estabconstitutions, and take the initiatory steps for the liahiog the Territorial government must continue in organization of State governments, preparatory force until abrogated by Congress; and, in the mean to their admission into the Union, without ob- time, it will be the duty of the governor, and of all taining the previous assent of Congress; BUT the Territorial officers, as well a' of the President, to IN EVERY INSTANCE THE PROCEEDINOG HAS take care that they are faithfully executed." ORIGINATED WITH, AND BEEN CONDUCTED IN On the 11th day of January, 1839, a commitSUBORDINATION TO, THE AUTHORITY OF THE LO- tee of the constitutional convention of Florida CAL GOVERNMENTS ESTABLISHED OR RECOG- addressed a memorial to Congress, in which NIZED BY THE GOVERNMENT OF THE UNITED they state that, in 1837, the Territorial council STATES. Michigan, Arkansas, Florida, and Call- passed a law submitting to the people the quesfornia, are sometimes cited as cases in point. tion of "State" or "Territory," to be decided Michigan was erected into a Territory in ur- at the election of delegates to Congress in the suance of the ordinance of the 13th of July, 1787, month of May of that year; that a decided maas recognized and carried into effect by acts of jority of the suffrages given at that election Congress subsequent to the adoption of the was in favor of "State;" that the legislative Federal Constitution. In that ordinance it was council of 1838, in obedience to the expressed provided that the Territory northwest of the wishes of the people, enacted a law authorizOhio river should be divided into not less than in the holding of a convention to form and three nor more than five States; "and, when- adopt a State constitution; that the convenever any of said States shall have sixty thou- tion assembled on the 3d of December, 1838, sand free inhabitants therein, such State shall and continued insession until the 11th ofJanube admitted, by its delegates, into the Congress ary, 1839: and that, on behalf of the people of of the United States on an equal footing with Florida, they transmit the "constitution, or the original'States in all respects whatever, form of government," and ask for admission into and shall be at liberty to form a permanent con- the Union. It is also stated in the memorial stitution and State government." that in 1838 a census of the Territory was In pursuance of this provision of their organic taken, in obedience to a law passed by the Ter. law, the legislature of the Territory of Michigan ritorial council, and that this census, although passed an act providing for a convention of the taken during the ravages of Indian hostilities, people to form a constitution and State govern- when a large portion of the inhabitants could ment, which was accordingly done in obedience not be found at home, showed an aggregate to the laws and constituted authorities of the population of forty-eight thousand two hundred Territory. The legislature of the Territory of and twenty-three persons, which the memorialArkansas, having ascertained by a census that ists insisted furnished satisfactory assurance of the Territory contained aboutfifty-one thousand a sufficient population to entitle them to admiseight hundred inhabitants, at a time when the sion, according to the treaty acquiring the ratio of representation in Congress awarded one country from Spain, and the then ratio of reprorepresentative to each forty-seven thousand sentation, which awarded a member of Congress seven hundred inhabitants, passed an act an- to each 47,700 inhabitants. Congress failing to thorizing the people to form a constitution and yield its assent to the admission of Florida for ask for admission into the Union, as they sup- more than six years after this constitution was posed they had a right to do under the treaty formed and application made, the people of Floacquiring the Territory from France, which rida, during all that period, remained loyal to the guarantied their admission as soon as may be Territorial government, and obedient to its laws, consistent with the Federal Constitution. Upon and did not assume the right to supersede the this point your committee adopt the legal opin- existing government by putting into operation ion of the Attorney-General of the United States, a State government until the assent of Congress (B. F. Butler,) as expressed in the following ex- was obtained in 1845. tract: The circumstances connected with the forma" But I am not prepared to say that all proceedings tion of the constitution and State government of on this subject, on the part of the citizens of Arkan- Cailfornia are peculiar. During the Mexican sas, will be illegal. They, undoubtedly, possess the war the country was conquered and occupied by 108 THE STRUGGLE FOR SLAVERY RESTRICTION. our troops, and the civil government administer- policy,. adopted by the people of California, must ed by the military authorities under the war- originate solely with themselves; that, while the power. According toan official communication Executive of the United States was desirous to protect of General Persifer F. Smith, acting governor of them i the formation of an government republican California, to a committee of citizens of San in its character, to be, at the proper time, submitted California, to a committee of citizens of Sato o Congress, yet it was to be distinctly understood that Francisco, under date of March27, 1849, with- the plan of such a government must, at the same holding his "recognition and concurrence" in time, be the result of their own deliberate choice, and their proposition "to organize a legislative as- originate with themselves, without the interference sembly, and to appoint judges and other minis- of the Executive." terial officers, and to enact suitable laws to - On the 30th of June, 1850, General Riley, in tablish principles of justice and equity, and, t~o his capacity as civil governor of California, regive protection to life, liberty, and property," it ports to the government at Washington that: appears that the President of the nited States rts governme atWashingtonthat: {Mr. Polk) and his cabinet officially promulga- * On the 3rd instant. I issued my proclamation to the ted the following opinions as the decision of' E people of California, defining what was understood to Executive on the points stated be the legal position of affairs here; and pointing out Executive on the points stated: the course it was deemed advisable to pursue in order 1st. That at the conclusion of the treaty with to procure a new political organization, better adapted Mexico, on the 30th of May, 1848, the military to the character and present condition of the country. government existing in California was a govern- The course indicated in my proclamation will be ment de facto. adopted by the people, almost unanimously; and 2nd. That it, of necessity, continue until Con- there is now little or no doubt that the convention gross provide another; because, if it cease, an- will meet on the first of September next, and form a rchy must ensue: thusinferr that e a State Constitution, to be submitted to Congress in rchy must ensue: thus inferring that no power the early part of the coming session. but Congress can establish any government. * A few prefer a Territorial organization; but I It also appears, from the proclamation of think a majority will be in favor of a State governGeneral Riley, acting governor, to the people ment, so as to avoid all further difficulties respect'.ng of California, dated June 3d, 1849, that a gov- the question of Slavery. This question will probably ernm ent de facto was constituted as follows: be submitted, together with the Constitution, to a direct vote of the people, in order that the wisAes of " A brief summary of the organization of the present the people of California may be clearly and fully exgovernment may not be uninteresting. It consists- pressed. Of course, the Constitution or plan of a TerFirst, of a governor appointed by the supreme govern- ritorial government formed by this convention, can ment; in default of such appointment, the office is have no legal force till approved by Congress." temporarily vested in the commanding military officer of the department. The powers and duties of thegover- On the 12th day of October, Gereral Riley, nor are of a limited character. but fully defined and acting governor, issued the following proclamapoinied out bv the laws. Second. a secretary, whose du. tion: ties and powers are also properly defined. Third, a terri- the People of rnia torial or departmental legislature, with limited powers to pass laws of a local character.'Fourth. a superior The delegates of the people, aasembled in convencourt (tribunal superior) of the Territory. consisting tion, have formed a constitution which is now preof four judges and a fiscal. Fifth, a prefect and sub- xented for your ratification. The time and manner prefect Ior each district, who are charted with the of voting on this constitution, and of holding the first preservation of the public order and the execution of general election, are clearly set forth in the schedule. the laws; their duties correspond, in a great measure, The whole subject is, therefore, left for your unbiased with those of district marshals and sheriffs. Sixth, a and deliberate consideration. judge of first instance, for each district. This office is, "The prefect (or person exercising the functions by a custom, not inconsistent with the laws. vested of that office), of each district will designate the in the first alcalde of the district. Seventh, al- places for opening the polls, and give due notice of caldes, who have concurrent jurisdiction among thoem- the election, in accordance with the provisions of the selves in the same district, but are subordinate to the constitution and schedule. higher judicial tribunals Eighth, local justices of "The people are now called upon to form a governthe peace. Ninth, ayuntamientos, or town councils. ment for themselves, and to designate such officers as The powers and functions of all these officers are ful- they desire to make and execute the laws. That their ly defined in the laws of the country, and are almost choice may be wisely made, and that the government identical with those of the corresponding officers in so organized may secure the permanent welfare and the Atlantic and Western States." happiness of the people of the new State, is the sincere and earnest wish of the pre-ent executive, who, if the On the 3d of April 1849, President Taylor ap- constitution be ratified, will with pleasure surrender pointed Thomas Butler King agent, for the par- his powers to whomsoever the people may designate pose of conveying important instructions to our as his sucessor. military and naval commanders who were in- Give'u at Monterey, California, this twelfth day trusted with the administration of the civil gov- of October. in the year of our Lord eighteen hundred emnment de facto in California, and to make and foy-nine. "B. R known to the people his opinions and wishes in Brevet Brig. Gen. U. S. A., and Governor of Calirespect to the formation of a constitution and fornia.i State government preparatory to their admis- Official: H.W.HALLBCK, sion into the Union. What these opinions and Brevet Captain, and Secretary of State." wishes were, are distinctly stated by the President in the following extract from his special These facts and official papers prove conclumessage to Congress on the 23d of January, sively that the proposition to the people of Cali1850: fornia, to hold a convention and organize a State government, originatedwith, and that all the pro"I did not hesirate to expre to the'people of those eedings were had in subordination to, the auTerritoed s my desplre thatheach Teruiitioryof the Conf thority and supremacy of the existing local govprepared to comply with the requisitions of the Constitution of the United States. fTim a plan of a State ernment of the Territory, under the advice, and Constitution, and submit the same to Congress, with with the approval, of the executive government a prayer for admission into the Union as a State; but of the United States. Hence the action of the I did not anticipate, suggest. or authorize the estab- people of California in forming their constitution lishment of any such government without the assent and State government, and of Congress in adof Congress; nor did I authorize any government- mitting the State into the Union, cannot be,cited, agent or officer to interfere with, or exercise any in- with the least show ofnstic or fairnessn ju fluence or control over the election of delegates, or tfaior over any convention, in making or modifying their paliationofthervolutionarmove domestic institutions, or any of the provisions of their ments to subvert the government which Con proposed Constitution. On the contrary, the instruc. gress has established in Kansas. tious by my orders were, that all measures of domestic Nor can the insurgents derive aid or comfort THE KANSAS-NEBRASKA STRUGGLE. 109 from the position assumed by either party to use of similar means in the slaveholding States, the unfortunate controversy which arose in the to produce directly the opposite result. To these State of Rhode Island, a few years ago, when causes, and to these alone, in the opinion of your an effort was made to change the organic law, Committee, may be traced the origin and proand set up a State government in opposition to gress of all the controversies and disturbances the one then in existence, under the charter with which Kansas is now convulsed. granted by Charles the Second of England. If these unfortunate troubles have resulted, as Those who were engaged in that unsuccessful natural consequences, from unauthorized and imstruggle assumed, as fundamental truths in our proper schemes of foreign interference with the system of government, that Rhode Island was internal affairs and domestic concerns of the a Sovereign State in all that pertained to her Territory, it is apparent that the remedy must internal affairs; that the right to change their be sought in a strict adherence to the principles, organic law was an essential attribute of sove- and rigid enforcement of the provisions, of the reignty; that, inasmuch as the charter under organiclaw. In this connection, yourCommittee which the existing government was organized feel sincere satisfaction in commending the mescontained no provision for changing or amend- sages and proclamation of the President of the ing the same, and the people had not delegated United States, in which we have the gratifying that right to the legislature or any other tribunal, assurance that the supremacy of the laws will be it followed, as a matter of course, that they had maintained; that rebellion will be crushed; that retained it, and were at liberty to exercise it in insurrection will be suppressed; that aggressive such manner as to them should seem wise, just, intrusion for the purpose of deciding elections, and proper. or any other purpose, will be repelled; that unWithout deeming it necessary to express any authorized intermeddling in the local concerns opinion on this occasion, in reference to the of the Territory, both from adjoining and distant merits of that controversy, it is evident that the States, will be prevented; that the federal and principles upon which it was conducted are not local laws will be vindicated against all attempts involved in the revolutionary struggle now going of organized resistance;' and that the people of on in Kansas; for the reason, that the sove- the Territory will be protected in the establishreignty of a Territory remains in abeyance, ment of their own institutions, undisturbed by suspended in the United States, in trust for the encroachments from without, and in the full enpeople, until they shall be admitted into the joyment of the rights of self-government assured Union as a State. In the mean time, they are to them by the Constitution and the organic law. entitled to enjoy and exercise all the privileges In view of these assurances, given under the and rights of self-government, in subordination conviction that the existing laws confer all the to the Constitution of the United States, and in authority necessary to the performance of these obedience to their organic law passed by Con- important duties, and that the whole available gress in pursuance of that instrument. These force of the United States will be exerted to the rights and privileges are all derived from the extent required for their performance, your CornConstitution, through the act of Congress, and mittee repose in entire confidence that peace, must be exercised and enjoyed in subjection to and security, and law, will prevail in Kansas. all the limitations and restrictions which -that If any further evidence were necessary to prove Constitution imposes. Hence, it is clear that that all the collisions and difficulties in Kansas the people of the Territory have no inherent have been produced by the schemes of foreign sovereign right, under the Constitution of the interference which have been developed in this United States, to annul the laws and resist the report, in violation of the principles and in evaauthority of the territorial government which sion of the provisions of the Kansas-Nebraska Congress has established in obedience to the act, it may be found in the fact that in Nebraska, Constitution. to which the emigrant-aid societies did not exIn tracing, step by step the origin and history tend their operations, and into which the stream of these Kansas difficulties, your Committee of emigration was permitted to flow in its usual have been profoundly impressed with the signi- and natural channels, nothing has occurred to ficant fact, that each one has resulted from an disturb the peace and harmony of the Territory, attempt to violate or circumvent the principles while the principle of self-government, in obeand provisions of the act of Congress for the or- dience to, the Constitution, has had fair play, ganizationof Kansas and Nebraska. Theleading and is quietly working out its legitimate results. idea and fundamental principle of the Kansas- It now only remains for your Committee to Nebraska act, as expressed in the law itself, respond to the two specific recommendations of was to leave the actual settlers and bona-fide in- the President, in his special message. They are habitants of each Territory "perfectly free to as follows: form and regulate their domestic institutions in 4 Tbhi, it seems to me, can be best accomplished by their own way, subject only to the Constitution providing that, when the inhabitants of Kansas may of the United States." Wiile this is declared to desire it, and shall be of sufflaient numbers to constibe "the true intent and meaning of the act," tute a State. a convention of delegates, duly elected those who were opposed to allowing the people by the qualified voters, shall assemble to frame a Ponstitution, and thus prepare, through regular and of the Territory, preparatory to thexr admission into the Union as a State, to decide the Slav lawful means, for its admission into the Union as a into the Union as a State, to decide the Slavery lru ft1 reco end the enactment of e s8tate., I respectfully recommend the enactment of a question for themselves, failing to accomplish w to that effect. their purpose in the halls of Congress, and under "I recommend, also, that a special appropriation be the authority of the Constitution, immediately made to defray any expense which may become requiresorted, in their respective States, to unusual site in the execution of the laws, or the maintenance and extraordinary means to control the political of public order in the Territory of Kansas." destinies and shape the domestic institutions of -In compliance with the first recommendation, Kansas, in defiance of the wishes, and regardless your committee ask leave to report a bill author. of the rights, of the people of that Territory, as izing the legislature of the Territory to provide guaranteed by their organic law. Combinations, by law for the election of delegates by the people, in one section of the Union, to stimulate an un- and the assembling of a convention to form a natural and false system of emigration, with the constitution and State government preparatory view of controlling the elections, and forcing the to their admission into the Union on an equal domestic institutions of the Territory to assimi- footing with the original States, so soon as it shall late to those,of the non-slaveholding Stated, were appear, by a census to be taken under the direcfollowed, as might have been. foreseen, by the tion of the governor, by the authority of the legis 110 THE STRUGGLE FOR SLAVERY RESTRICTION. lature, that the Territory contains ninety-three clear provision, the law in relation to the subject thousand four hundred and twenty inhabitants- of slavery.to be operative in the Territory, while that being the number required by the present it remained euch; not leaving it in any one of ratio of representation for a member of Con- those cases t, be a subject of controversy within gross. the same, while in the plastic gristle of its youth. In compliance with the other recommendation, This was done by Congress in the exercise of the your committee propose to offer to the appropria- same power which moulded the form of their ortion bill an amendment appropriating such sum ganic laws, and appointed their executive and as shall be found necessary, by the estimates to judiciary, and sometimes their legislative officers; be obtained, for the purpose indicated in the re- It was the power provided in the Constitution, in commendation of the President. these words: " Congress shall have power to All of which is respectfully submitted to the dispose of and make all needful rules and reSenate by your committee. gulations respecting the Territory or other property belonging to the United States." Settling the subject of Slavery while the country remainMr. Collamer of Vermont, the minority ed a Territory, was no higher exercise of power m.of r aid C, s umid t' in Congress than the regulation of the functions member of said Committee, submitted the of the Territorial government, and actually apfollowing pointing its principal functionaries. This pracMINORITY REPORT- tice commenced with this national government, the minority te C e and was continued, with uninterrupted uniformVeos o r the minority of th e Commttee on Teri- ity, for more than sixty years. This practical torine, to whom was referred so muc of the an- construction of the constitunuaL message of t/e President as relates to tional power of this government is too clear to Territorial affairs, the message of the Presi- leave room for doubt, or opportunity for skeptident of 24th January in relation to Kansas cism. The peace, prosperity, and success which Territory, and the message of the President attended this course, and the results which have of the 18th February, in a-nswer to the resolformation and admission of the tion of the Senate of the 4th February, rela- thirteen States therefrom, are most conclusive tioe to affairs in Kansas. and satisfactory evidence, also, of the wisdom Thirteen of the present prosperous States of and prudence with which this power was exerthis Union passed through the period of appren- cised. Deluded must be that people who, in the ticeship or pupilage of territorial training, under pursuit of plausible theories, become deaf to the the guardianship of Congress, preparatory to lessons, and blind to the results, of their own exassuming their proud rank of manhood as sove- perience. reign and independent States. This period of Let us next inquire by what rule of uniformity their pupilage was, in every case, a period of the Congress was governed, in the exercise of this good offices of parent and child, in the kind iela- power of determining the condition of each Tertionship sustained between the national and the ritory as to Slavery, while remaining a Territory, Territorial government, and may be remem- as manifested in those thirteen instances. An bered with feelings of gratitude and pride. We examination of our history will show that this have fallen on different times. A Territory of was not done from time to time by agitation and our government is now convulsed with violence local or party triumphs in Congress. The rule and discord, and the whole family of our nation pursued was uniform and clear; and whoever is in a state of exitement and anxiety. The may have lost by it, peace and prosperity have national executive power is put in motion, the been gained. That rule was this: army in requisition, and Congress is invoked for Where Slavery was actually existing in a interference. country to any considerable or general extent, it In this case, as in all others of difficulty, it be- was (though somewhat modified as to further imcomes necessary to inquire what is the true cause portation in some instances, as in Mississippi and of existing trouble, in order to apply effectual Orleans Territories) suffered to remain. The cure. It is but temporary palliatives to deal with fact that it had been taken and existed there, was the external and more obvious manifestations taken as an indication of its adaptation and local and developments, while the real, procuring utility. Where Slavery did not in fact exist to cause lies unattended to, and uncorrected, and any appreciable extent, the same was, by Conunremoved. gress, expressly prohibited; so that in either It is said that organized opposition to law ex- case the country settled up without difficulty or ists in Kansas. That if existing, may probably doubt as to the character of its institutions. In be suppressed by the President, by the use of the no instance was this difficult and disturbing subarmy; and so, t6o,may invasions by armed bodies ject left to the people who had and who might from Missouri, if the Executive be sincere in its settle in the Territory, to be there an everlasting efforts; but when this is done, while the cause bone of contention, so long as the Territorial of trouble remains, the results will continue with government should continue. It was ever rerenewed and increased developments of danger. garded, too, as a subject in which the whole Let us, then, look fairly and undisguisedly at country had an interest, and, therefore, improper'this subject, in its true character and history. for local legislation. "Wherein does this Kansas Territory differ from And though whenever the people of a Territory,all our other Territories, which have been so come to form their own organic law, as an indepeacefully and successfully carried through, and dependent State, they would, either before or been developed into the manhood of independent after their admission as a State, form and mould States? Can that difference account for existing their institutions, as a sovereign State, in their troubles? Can that difference, as a cause of trou- own way, yet it must bq expected, and has alble, be removed? ways proved true, that the State has taken the The first and great point of difference between character her pupilage has prepared her for, as the Territorial government of Kansas and that well in respect to Slavery as in other respects. of the thirteen Territorial governments before Hence, six of the thirteen States are free States, mentioned, consists in the subject of Slavery- because Slavery was prohibited in them by Conthe undoubted cause of present trouble. gress while Territories, to wit: Ohio, Indiana, The action of Congress in relation to all those Illinois, Michigan, Wisconsin, and Iowa. Seven i thirteen Territories was conducted on a uniform of the thirteen are slaveholding States, because land prudent principle, to wit: To settle, by a Slavery was allowed in them by Congress while THE KANSAS-NEBRASKA STRUGGLE. 111 they were Territories, to wit: Tennessee, Ala- see cause of a result unfavorable to their bama, Mississippi, Florida, Louisiana, Arkansas hopes. and Missouri. It is further to bp observed, that in the perOn the 6th of March, A. D. 1820, was passed formance of this novel experiment, it was proby Congre;ss the act preparatory to the admission vided that all white men who became inhabitof the State of Missouri into the Union. Much ants in Kansas were entitled to vote without controversy and discussion arose on the question regard to their time of residence, usually providwhether a prohibition of Slavery within said ed in other Territories. Nor was this right of State should be inserted, and it resulted in this: voting confined to American citizens, but inthat said State should be admitted without such eluded all such aliens as had declared, or would prohibition, but that Slavery should be forever declare, on oath their intention to become citiprohibited in the rest of that country ceded to us zens. Thus was the proclamation to the world by France lying north 369 30' north latitude, to become inhabitants of Kansas, and enlist in and it was so done. This contract is known as this great enterprise, by the force of numbers, the Missouri Compromise. Under this arrange- by vote, to decide for it the great question, ment, Missouri was admitted as a slaveholding Was it to be expected that this great proclamaState, the same having been a slaveholding Ter- tion for the political tournament would be listenritory. Arkansas, south of the line, was formed ed to with indifference and apathy? Was it into a Territory, and Slavery allowed therein, prepared and presented in that spirit? Did it and afterwards admitted as a slaveholding State. relate to a subject on which the people were Iowa was made a Territory, north of the line, cool or indifferent? A large part of the people and, under the operation of the law, was settled of this country look on domestic Slavery as up without slaves, and admitted as a free State. "only evil, and that continually," alike to masThe country now making the Territories of ter and to slave, and to the community; to be Kansas and Nebraska, in 1820, was almost or left alone to the management or enjoyment of entirely uninhabited, and lay north of said line, the people of the States where it exists, but not and whatever settlers entered the same before to be extended, more especially as it gives, or 1854 did so under that law, forever forbidding may-give, political supremacy to a minority of Slavery therein. the people of this country in the United States In 1854 Congress passed an act establishing government. On the other hand, many of the two new Territories-Nebraska and Kansas-in people of another part of the United States rethis region of country, where Slavery had been gard Slavery, if not in the abstract a blessing, prohibited for more than thirty years; and, in- at least as now existing, a condition of society stead of leaving said law against Slavery in best for both white and black, while they exist operation, or prohibiting or expressly allowing together; while others regard it as no evil, but or establishing Slavery, Congress left the sub- as the highest state of social condition. these ject in said Territories, to be discussed, agitated, consider that they cannot, with safety to their and legislated on, from time to time, and the elec- interests, permit political ascendancy to be tions in said Territories to be conducted with re- largely in the hands of those unfriendly to this ference to that subject, from year to year, so peculiar institution. From these conflicting long as they should remain Territories; for, views, long and violent has been the controwhatever laws might be passed by the Territo- versy, and experience seems to show it interrial legislatures on this subject, must be subject minable. to change or repeal by those of the succeeding Many, and probably a large majority of this years. In most former Territorial governments, nation, lovers of quiet, entertained the hope, t was provided by law that their laws were sub- that, after 1850, the so-called Compromise Meaject to the revision of Congress, so that they sures, even though not satisfactory to the Free would be made with caution.'In these Terr- States, would be kept by their supporters, and tories that was omitted. made by them what they were professed to be, The provision in relation to Slavery in Ne- a finality on the subject of the extent and limita-'braska and Kansas is as follows: "The eighth tions of slave territory; more especially after the section of the act preparatory to the admission assurances contained in the Inaugural Address of Missouri into the Union (which being incon- of President Pierce. This hope was fortified with sistent with the principle of non-intervention by the consideration that at that time Congress had, Congress with Slavery in the States and Terri- by different provisions, settled by law the contories, as required by the legislation of 1850, dition of Freedom or Slavery for all the territory commonly called the compromise measures) is of the United States. These hopes have been hereby declared inoperative and void; it being disappointed, and from this very provision for the true intent and meaning of this act not to repose has been extracted a principle for disturblegislate Slavery into said Territory or State, nor ing the condition of things on which its foundato exclude it therefrom, but to leave the people tion of finality rested-that is, the permanence thereof perfectly free to form and regulate their and continuance of the then existing condition ot domestic institutions in their own way, subject legal provisions. The establishment of the terrionly to the Constitution of the United States: torial governments for Utah and Nev-Mexico, Provided, That nothing herein contained shall without a prohibition of Slavery, was sustained be construed to revive or put in force any law by many on the ground that no such provision or regulation which may have existed prior to was required for its exclusion, as the condition the act of 6th March, 1820, either protecting, es- of the country and its laws were a sufficient bartablishing, prohibiting, or abolishing'Slavery." ier; and therefore they sustained them, because Thus it was promulgated to the people of this it would complete the series, and finish the prowhole country that here was a clear field for visions as to Slavery in all our territory, and competition-an open course for the race of make an end of controversy on that subject: yet, rivalship; the goal of which was, the ultimate in 1854, it was insisted by the friends and supestablishment of a sovereign State;' and the porters of the laws of 1850, and it is actually asprize, the reward of everlasting liberty and its serted in the law establishing the territorial govinstitutions on the one hand, or the perpetuity ernment of Kansas, that the laws for New-Mexico of Slavery and its concomitants on the other. and Utah, being of the Compromise Measures, It is the obvious duty of this government, while adopt and contain a principle utterly at war with this law continues, to see this manifesto faith- their great and professed object of finality; and fully, and honorably, and honestly performed, that, instead of completing and ending the provieven though its particular supporters may sions of congressional action for the Territories 112 THE STRUGGLE FOR SLAVERY RESTRICTION. as to Slavery, it really declared a principle which condition of society, either to go to Kansas as tnunsettled all those where Slavery had been pro- habitants, and by'their votes to help settle this hibited, and rendered it proper, and only proper, good condition of that Territory; or if they canto declare such prohibitions all " inoperative and not so go and settle, is it not their duty, by all lawvoid." The spirit and feeling which thus per- ful means in their power, to promote this object verted those Compromise laws, and made them by inducing others liketminded to go? This the direct instrument of renewed disturbance, right becomes a duty to all who follow their concould not be expected then to leave the result to victions. All who regard an establishment of the decision of the people of Kansas with entire Slavery in Kansas as best for that Territory, or inactivity and indifference. as necessary to their own safety by the political The slaveholding States, in 1820, secured the weight it gives in the national government, admission of Missouri as a slaveholding State, should use all lawful means to secure that result; and all the region south of 36~ 30' to the same and clearly, the inducing men to go there to bepurpose, by agreeing and enacting that all north come permanent inhabitants and voters, and to of that line should be forever free; and by this vote as often as the elections occur in favor of they obtained only a sufficient number of votes the establishment of Slavery, and thus control from the Free States, as counted with theirs, to the elections, and preserve it a Slave State foradopt it. In 1850, they agreed that if New-Mexico ever, is neither unlawful nor censurable. It is, and Utah were made Territories, without a pro- and would be highly praiseworthy and commendahibition of Slavery, it would, with the laws al- ble, because it is using lawful means to carry forready made for the rest of our territory, settle ward honest convictions of public good. All lawforever the whole subject. This proposition, for fully-associated effort to that end is equally such a termination, also secured votes from the commendable. Nor will the application of opFree States, enough, with their own from the probrious epithets, and calling it propagandism, slaveholding States, to adopt it. In 1854, in utter change its moral or legal character from whatever disregard of these repeated contracts, both these quarter or source, official or otherwise, such epiarrangements were broken, and both these com- thets may come. Neither should they deter any promises disregarded, and all their provisions for man from peaceably performing his duty by folfreedom declared inoperative and void, by the lowing his honest convictions. vote of the slaveholding States, with a very few On the other hand, al-those who have seen and honorable exceptions, and a minority of the votes realized the blessings of universal liberty, and beof the Free States. After this extraordinary and lieve that it can onlybe secured and promoted by inexcusable proceeding, it was not to be expected the prohibition of domestic Slavery, and that the that the people of the slaveholding States would elevation of honest industry can never succeed take no active measures to secure a favorable where servitude makes labor degrading, should, result by votes in the Territory of Kansas. Nei- as in duty bound, put forth all reasonable exerther could it be expected that the people of the tions to advance this great object, by lawful Free States, who regarded the act of 1854 as a means, whenever permitted bylaws of their coundouble breach of faith, would sit down and make try: When, therefore, Kansas was presented, no effort, by legal means, to correct it. by law, as an open field for this experiment, and It has been said that the repeal of this provision all were invited to enter, it became the right and of the Missouri Compromise, and breach of the duty of all such as desired, to go there as inhabitCompromise of 1850, should not be regarded as a antsforthepurpose,bytheir numbers and bytheir measure of the slaveholding States, because it votes lawfully cast, from time to time, to carry or was presented by a Senator from a Free State. control, in a legal way, the elections there for The actions or votes of one or more individual this object. This could only be lawfully effected men cannot give character to, or be regarded as by permanent Residence, and continued and refixing a measure on, their section or party. The peated effort, during the continuance of the Teronly true or honest mode of determining whether ritorial government, and permanently remaining any measure is that of any section or party is, to there to form and preserve a Free-State constituascertain whether the majority of that section or tion. All those who entertained the same sentiparty voted for it. Now, a large majority-in- ments, but were not disposed themselves to go, deed, the whole, with a few rare exceptions-of had the right and duty to use all lawful means to the representatives from the slaveholding States encourage and promote the object. If the purvoted for that repeal. On the other hand, a ma- pose could be best effected by united efforts, by jority of the representatives from the Free States voluntary associations or corporations, or by voted against it. State assistance, as proposed in some Southern This subject of Slavery in the Territories, States, it was all equally lawful and laudable.. which has violently agitated the country for This was not the officious intermeddling with the many years, and which has been attempted to be internal affairs of another nation, or State, or the settled twice by compromise, as before stated, Territory of another people. The Territory is does not remain settled. The Missouri Corn- the property of the nation, and is, professedly, promise and the supposed finality by the acts of open to the settlement and the institutions of 1850, are scattered and dissolved by the vote of every part of the United States. If lawful means, the slaveholding States; and it is not to be dis- so extensive as to be effectual, were used to peoguised that this uncalled for and disturbing meas- lpe it with a majority of inhabitants opposed to ure has produced a spirit of resentment, from a Slavery, is now considered as a violation of, or feeling of its injustice, which, while the cause an opposition to, the law establishing the Terricontinues will be difficult to allay. tory, then the declarations and provisions of that This subject, then, which Congress has been law were but a premeditated delusion, which not unable to settle in any such way as the Slave only allowed such measures, but actually invited States will sustain, is now turned over to those them, by enacting that the largest number qf the who have or shall become inhabitants of Kansas settlers should determine the condition of the to arrange; and all men are invited to partici- country; thus inviting efforts for numbers. Such patd in the experiment,regardlesaof their charac- an invitation must have been expected to proter, political or religious views, or place of na- duce such efforts on both sides. tivity. It now becomes necessary to inquire what has Now, what is the right and the duty of the in fact taken place. If violence has taken place people of this country in relation to this matter? as the natural, and, perhaps, unavoidable, conse1 i not t the right of all who believe in the bless- quences of the nature of the experiment, bringing ings of slaveholding, and regard it as the best into dangerous contact and collision inflamma THE KANSAS-NEBRASIA. STRUGGLE. 113 ble elements, it was the vice of a mistaken law, its own, no act or neglect of the governor, could and immediate measures should be taken by legalize or sanctify it. Its own decisions as to Congress to correct such law. If force and vio- its own legality are like its laws, but the fruits lence have been substituted for peaceful meas- of its own usurpation, which no governor could tres there, legal provisions should be made and legitimate. executed to correct all the wrong such violence They passed an act altering the place of the has produced, and to prevent tieir recurrence, temporary seat of government to the Shawnee and thus secure a fair fulfillment of the experi- Mission, on the border of, and in near proximity ment by peaceful means, as originally professed to, Missouri. This act the governor regarded as and presented in the law. a violation of the organic law establishing the A succinct statement of the exercise and pro- Territory, which fixed the temporary seat of gress of the material events in Kansas is this government, and prohibited the legislative asAfter the passage of this law, establishing the sembly from doing anything inconsistent with Territory of Kansas, a large body of settlers rap- said act. He, therefore, and for that cause, idly entered into said Territory with a view to vetoed said bill; but said assembly repassed permanent inhabitancy therein. Most of these thesame by a two-thirds majority, notwithstandwere from the Free-States of the West and North, ing said veto, and removed to said Shawnee who probably intended by their votes and influ- Mission. They then proceeded to pass laws, ence to establish there a Free State, agreeable to and the governor, in writing, declined further the law which invited them. Some part of those to recognize them as a legitimate assembly, sitfrom the Northern States had been encouraged ting at that place. They continued passing and aided in this enterprise by the Emigrant Aid laws there, from the 16th day of July to the Society formed in Massachusetts, which put 31st day of August, 1855. forth some exertions in this laudable object by On the 15th day of August last, the governor open and public measures, in providing facilities of said Territory was dismissed from office, and for transportation to all peaceable citizens who the duties devolved upon the secretary of the desired to become permanent settlers in said Ter- Territory; and bow many of the laws passed ritory, and providing therein hotels, mills, etc., with his official approbation does not appear, for the public accommodation of that new coun- the laws as now presented being without date try. or authentication. The governor of Kansas, having, in pursuance As by the law of Congress organizing said of law, divided the Territory into districts, and Territory it was expressly provided, that the procured a census thereof, issued his proclama- people of the Territory were to be " left perfecttion for the election of a legislative assembly ly free to form and regulate their domestic intherein, to take place on the 30th day of March, stitutions in their own way," and among these 1855, and directed how the same should be con- institutions Slavery is included, it was, of course, ducted, and the returns made to him agreeable implied that that subject was to be open and to the law establishing said Territory. On the free to public and private discussion in all its day of election large bodies of armed men from bearings, rights, and relationships. Among the State of Missouri appeared at the polls in these must, of course, be the question, What most of the districts, and by most violent and tu- was the state of the existing laws, and the modimultuous carriage and demeanor overawed the fications that might be required on that subject? defenseless inhabitants, and by their own votes The law had declared that its " true intent and elected a large majority of the members of both meaning was not to legislate Slavery into the houses of said assembly. On the returns of said Territory, or exclude it therefrom." This would, election being made to the governor, protests of course, leave to that people the inquiry, and objections were made to him in relation to What, then, are the existing rights under the a&part of said districts; and as to them, he set Constitutiot? Can slaves be holden in the abasde such, and such only, as by the returns ap- sence of any law on the subject? This question, peared to be bad. In relation to others, cover- about which so much difference of opinion exmng, in all, a majority of the two houses, equally ists, and which Congress and the courts have vicious in fact, but apparently good by formal never settled, was thus turned over to hpe peoreturns, the inhabitants thereof, borne down by pie there, to discuss and settle for themselves. said violence and intimidation, scattered and dis- This territorial legislature, so created by couraged, and laboring under apprehensions of force from Missouri, utterly refused to permit personal violence, refrained and desisted from discussion on the subject; but, assuming that presenting any protest to the governor in rela- Slavery already existed there, and that neither tion thereto; and he, then uninformed in relation Congress nor the people in the Territory, under thereto, issued certificates to the members who the authority of Congress, had or could prohibit appeared by said formal returns to have been it, passed a law which, if enforced, utterly proelected. hibits all discussion of the question. The elevIn relation to those districts which the govern- enth and twelfth sections of that act are as folor so set aside, orders were by him issued for lows: new elections. In one of these districts the same.. proceedings were repeated by men from Missoupublish or circulate, or cause to be brought into, ri, and in others not, and certicates were issued rinted, written, published or circulated, or shall to the persons elected. knowingly aid or assist in bringing into, printing, This legislative assembly, so elected, assem- publishing or circulating within this Territory, any bled at Pawnee, on the second day of July, 1855, book, paper, pamphlet, magazine, hand-bill or circular, that being the time and place for holding said containing any statements, arguments, opinions, meeting, as fixed by the governor, by authority sentiments, doctrines, advice or innuendo, calculated of law. On assembling, the said hosspoto promote a disorderly, dangerous or rebellious disof law. On assembling, the said houses pro-, affection among the slaves in this Territory, or -to ceeded to set aside and reject those members induce such slaves to escape from the service of their so elected on said second election, except in masters or to resist theirauthority, he shall be guilty the district where the men from Missouri had, of a felony, and be punished by imprisonment and at said election, chosen the same persons they hard labor for a term not less than five years. had elected at the said first'election, and they "ScB. 12. If any free person, by speaking or by admitted all of the said first-elected members. writing, assert or maintain that persons have not the right to hold slaves in this Territory, or shal intro. A legislative assembly, so created by military right to hold slaves n this Territory, or baU intro A legislative assembly, so created by militaary duce into this Territory, print, publish, write, circuforce, by a foreign invasion, in violation of the late, or cause to be introduced into this Territory, organic law, was but a usurpation. No act of written, printed, published or circulated in this Tee' 8 114 THE STRUGGLE FOR SLAVERY RESTRICTION. ritory, any book, paper, magazine, pamphlet or circu- litical history. the people of a Territory have lar, containing any denial of the right of persons to been authorized by an act of Congress to form hold slaves in this Territory, such person shall be a State constitution, and after so doing, were deemed guilty of felony, and punished by imprison- admitted by Congress. It is quite obvious that ment at hard labor for a term of not less than two am such authority could be is by th s at years." no such authority could be given by the act of the territorial government. That clearly has no And further providing, that no person." con- power to create another government, paramount scientiously opposed to holding slaves" shall sit to itself. It is equally true, that, in numerous as a juror in the trial of any cause founded on a instances in our history, the people of a Territobreach of the foregoing law. They further pro- ry have, without any previous act of Congress, vided, that all officers and attorneys should be proceeded to call a convention of the people by sworn not only to support the Constitution of the their delegates; have formed a State constituUnited States, but also to support and sustain tion, which has been adopted by the people, the organic law of the Territory, and the fugi- and a State legislature assembled under it, and tive-slave laws; and that any person offering to chosen Senators to Congress, and then have vote shall be presumed to'be entitled to vote presented said constitution to Congress, who has until the contrary is shown, and if any one, approved the same, and received the senators when required, shall refuse to take oath to sus- and members of Congress wh? were chosen untain the fugitive-slave laws, he shall not be per- der it before Congress had approved the same. mitted to vote. Although they passed a law Such was the case of Tennessee; such was the that none but an inhabitant, who had paid a tax, case of Michigan, where the people not only should vote, yet they required no time of resi- formed a State constitution without an act of dence necessary, and provided for the immediate Congress, but they actually put their State govpayment of a poll-tax; so providing, in effect, ernment mto full operation and passed laws, and that on the eve of an election the people of a it was approved by Congress by receiving it as neighboring State could come in. in unlimited a State. The people of Florida formed their numbers, and, by taking up a residence of a day constitution without any act of Congress thereor an hour, pay a poll-tax, and thus become for, six years before they were admitted into the legal voters, and then, after voting, return to Union. When the people of Arkansas were their own State. They thus, in practical effect, about forming a State constitution without a preprovided for the people of Missouri to control vious act of Congress, in 1835, the territorial elections at their pleasure, and permitted such governor applied to the President on the subject, only of the real inhabitants of the Territory to who referred the matter to the Attorney-Genevote as are friendly to the hoding of slaves. ral, and his opinion, as then expressed and pubThey permitted no election of any of the offi- lished, contained the following: cers in the Territory to be made by the people It is not in the power of the general assmbl of thereof, but created the offices and filled them, Arkansas to pass any law for the purpose of electing or appointed officers to fill them for long periods, members to a convention to form a Constitution and and provided that the next annual election should State government, nor to do any other act, directly be holden in October, 1856, and the assembly to or indirectly, to create such government. Every such meet in January, 1857; so that none of these law, even though it were approved by the governor of laws could be changed until the lower house the Territory, would be null and void; if passed by might be changed, in 1856; but the council, them notwithstanding his veto, by a vote f twowhich is elected for two years, could not be thirds of each branch, it would still be equally void." changed so as to allow a change of the laws or He further decided that it was not rebellious officers until the session of 1858, however much or insurrectionary, or even unlawful, for the the inhabitants of the Territory might desire it. people peaceably to proceed, even without an These laws, made by an assembly created by act of Congress, in forming a constitution, and a foreign force, are but a manifestation of the that the so forming a State constitution, and so spirit of oppression which was the parent of the far organizing under the same as to choose the whole transaction. No excuse can be found for officers necessary for its representation in Conit in the pretense that the inhabitants had carried gress, with a view to present the same to Conwith tlem into said Territory a quantity of gress for admission, was a power which fell Sharp's rifles-first, because that, if true, formed clearly within the right of the people to assemno excuse; secondly, it is untrue, as their ble and petition for redress. The people of Sharp's rifles were only obtained afterwards, Arkansas proceeded without an act of Congress, and entirely for the purpose of self-defense, the and were received into the Union accordingly. necessity for which, this invasion and other acts If any rights were derived to the people of Arof violence and threats clearly demonstrated. kansas from the terms of the French treaty of These laws were obviously made to oppress and cession, they equally extended to the people of drive out all who were inclined to the exclusion Kansas, it being a part of the same cession. of Slavery; and if they remained, to silence them In this view of the subject, in the first part of on this subject, and subject them to the will and August, 1855, a call was published in the public control of the people of Missouri. These are the papers for a meeting of the citizens of Kansas, laws which the President says must be enforced irrespective of party, to meet at Lawrence, in by the army and the whole power of this nation. said Territory, on the 15th of said August, to The people of Kansas, thus invaded, subdued, take into consideration the propriety of calling oppressed, and insulted, seeing their territorial a convention of the people of the whole Territogovernment (such only in form) perverted into ry, to consider that subject. That meeting was an engine to crush them in the dust, and to de- held on the 15th day of August last, and it profeat and destroy the professed object of their or- ceeded to call such convention of delegates to ganic law, by depriving them of the "perfect be elected, and to assemble at Topeka, in said freedom" therein provided; and finding no Territory, on the 19th day of September, 1855, ground to hope for rights in that organization, not to form a constitution, but. to consider the they proceeded, under the guaranty of the propriety of calling, formally, a convention for United States Constitution, "peaceably to as- that purpose. The proceedings of this meeting semble to petition the government for the re- of the 15th of August were as follows dress of (their) grievances." They saw no earthly source of relief but in the formation of a tate Const n. State government by the people, and the accept- "LAWRENCE, KANSAS TERRITORY, ance and ratification thereof by Congress. August 15,1855. It is true that in several instances in our po- "Pursuant to a published call, signed' Many Oiti, THE KANSAS-NEBRASKA STRUGGLE. 115 sens,''to take into consideration the propriety of feating the object of the organic act, in consequence calling a Territorial convention, preliminary to the of which the Territorial government became a perfect formation of a State government, and other subjects failure, and the people were left without any legal of public interest,' a convention of the citizens of government until their patience has become exhaustKansas Territory, irrespective of party, met, and upon ed, and' endurance ceases to be a virtue;' and they motion of C. K. Holliday, Dr. A. Hunting was called to are compelled to resort to the only remedy left-that the chair, G. W. Brown, E. D. Ladd, C. E. Blood, L P. of forming a government for themselves; therefore, Lincoln, James Christian, and Dr. J. D. Barnes elect- "Resolved by the people of Kansas Territory in deleed vice-presidents, and J. K. Goodin, and J. P. Fox, gate convention assembled, That an election shall be secretaries.' held in the several election precincts of this Territory "On motion of J. Hutchinson. esq., a committee of on the second Tuesday of October next, under the five were appointed to prepare business for the conven- regulations and restrictions hereinafter imposed, fot tion. Messrs. G. W. Smith, C. K. Holliday, C. Robin- members of a convention to form a constitution; son, John Brown, jr., and A. F. Powell were chosen adopt a bill of rights for the people of Kansas, and that committee. take all needful measures for organizing a State gov, "During the absence of the committee, the conven- ernment preparatory to the admission of Kansas into tion was addressed by Rev. - Lovejoy, G. W. Brown, J. the Union as a State. Hutchinson, and M. F. Conway. After which, Mr. G. "Resolved, That the apportionment of delegates to W. Smith, chairman, submitted the following as the said convention shall be as follows: two delegates report of the committee: for each representative to which the people were entiWhereas the people of Kansas Territory have tied in the legislative assembly by proclamation of been, since its settlement, and now are, without any Governor Reeder, of date 10th March, 1855. law-making power; threfore, be it "Resolved, That a committee of seven be appointed Resolved, That we, the people of Kansas Territory by the chair, who shall organize by the appointment in mass meeting assembled, irrespective of party dis- of a chairman and secretary. They shall keep a re. tinctions, influenced by a common necessity, and cord of their proceedings, and shall have the general greatly desirous of promoting the common good, do superintendence of the affairs of the Territory so far hereby call upon and request all bonaifide citizens of as regards the organization of a State government, Kansas Territory, of whatever political views or predi- which committee shall be styled' the executive comlections, to consult together in their respective elec- mittee of Kansas Territory.' tion-districts, and in mass convention, or otherwise, "Resolved, That it shall be the duty of the execuelect three delegates for each representative to which tive committee of Kansas Territory to advertise said such district is entitled in the House of Representa- election at least fifteen days before the second Tuestives of the the legislative assembly, by proclamation day of October next; and to appoint three judges of Governor Reeder of date 10th March, 1855; said thereof for each precinct, and the said judges of each delegates to assemble in convention at the town of precinct shall appoint two clerks, all of whom shall Topeka, on the 19th day of September, 1855, then and be duly sworn or affirmed to discharge the duties of there to consider and determine upon all subjects of their respective offices impartially, and with fidelity; public interest, and particularly upon that having ref- and they shall have power to administer the oath or erence to the speedy formation of a State constitu- affirmation to each other, and the said judges shall tion, with an intention of an immediate application to open said election at 10 o'clock A. M., at the place be admitted as a State into the Union of the'United designated in each precinct by the said executive States of America. committee, and close the same at 4 o'clock p. M. And "After the discussion of the resolution by Mr. in case any of the officers appointed fail to attend, Stearns and others, the report of the committee was the officer or officers in attendance shall supply the adopted with but one dissenting voice, vacancy or vacancies; and in the event of all of them "On motion, it was ordered that the proceedings of failing to attend, ten qualified voters shall supply this convention be published in the newspapers of the their places. And the said judges shall make out Territory, and Messrs. J. Speer, R. G;. Elliot, and G. duplicate returns of said election, seal up. and transW. Brown, were appointed a committee to publish and mit one copy of the same within five days, to the circulate the call for the convention to be holden at chairman of the executive committee, to be laid beTopeka. fore the convention, and they shall, within ten days, "Oa motion, the convention adjourned sine die. seal up and hand the other to some member of the " A. HUNTING, President. executive committee. "' G. W. BROWN, " Resolved, That the chairman of the executive comE. D. LADD, mittee of Kansas Territory shall announce, by proC. E. BLOOD, clamation, the names of the persons elected delegates L. P. LINCOLN, to the said convention; and in case the returns from JAS. C'HRISTIAN, any precinct should not be completed by that day, as J. 1). BARNES, soon thereafter as practicable; and in case of a tie, a Vice-Presidents, new election shall be ordered by the executive com-' J. K. GOODIN, mittee, giving five days' notice thereof, by the same J'. P Fox, officers who officiated at the first election. Secretaries." " Resolved, That all white male inhabitants, citizens of the United States, above the age of twenty-one years, who have had a bona fide residence in the TerAgreeable to these proceedings, the people of ritory of Kansas for the space of thirty days immethe different districts did, as therein recommend- diately preceding the day of said election, shall be ed, proceed to appoint delegates to this meeting entitled to vote for delegates to said convention; and at Topeka, to be holden on said 19th day of Sep- all white male inhabitants, citizens of the United tember, 1855. The delegates so appointed did States. above the age of twenty-one years, who have assemble at Topeka on said day, and proceeded resided in the Territory of Kansas for the space of to consider said subject, and they took the fol- three months immediately preceding the day of lowing proceedings ler salcsun~ectX and t. ley election, shall be eligible as delegates to said conlowing proceedings: vention. "Resolved, That if at the time of holding said election Proceedings of the Stat Consut onshall be inconvenient, on account of Indian hostiliheld at Topeka, Kansas Territory, September 19-20, ties or any other cause whatever that would disturb 1855. or prevent the voters of any election-precinct in the " Whereas the Constitution of the United States Territory from the free and peaceable exercise of the guarantees to the people of this republic the right of elective franchise, the officers are hereby authorized assembling together in a peaceable manner for the to adjourn said election into any other precinct in the common good, to' establish justice, insure domestic Territory, and to any other day they may see proper, tranquillity, provide for the common defense, promote of the necessity of which they shall be the exclusive the general welfare, and secure the blessings of liber- judges, at which time and place the qualified voters ty to themselves and their posterity,' and whereas may cast their votes. the citizens of Kansas Territory were prevented from "Resolved, That said convention shall be held at electing members of a legislative sembly, in pursuance Topeka on the fourth Tuesday of October next, at 12 of the proclamation of Governor Reeder, on the 30th o'clock, A. M., of that day. of March last, by invading forces from foreign States " Resolved, That a majority of said convention shall coming into the Territory and forcing upon the peo- constitute a quorum, and that the said convention shall pie a legislature of non-residents and others, inimical determine upon the returns and qualifications of its to the interests of the people of Kansas Territory, de- members, and shall have and exercise all the rights, 116 THE STRUGGLE FOR SLAVERY RESTRICTION. privileges, and immunities incident to such bodies, and are requested to meet at your several precincts In said may adopt such rules and regulations for its govern- Territory, hereinafter nmention-d, on the second Tuesment asamajority thereof may direct. If amajority of day of October next, it being the ninth day of said said convention do not assemble on the day appointed month, and then and there cast your ballots for memtherefor, a less number is hereby authorized to ad- bers of a convention, to meet at Topeka on the fourth journ from day to day. Tuesday in October next, to form a Constitution, "Resolved, That in case of the death, resignation, or adopt a bill of rights for the people of Kansas, and non-attendance of any delegate chosen from any dis- take all needful measures for organizing a State govtrict of the Territory, the president of the convention ernment preparatory to the admission of Kansas into shall issue his writ ordering a new election, on five the Union as a State. days' notice, to be conducted as heretofore directed. "'Resolved, That no person shall be entitled to a seat "Places for Polls. In the convention at its organization except the mem- First election-district.-Lawrence precinct, at the hers whose names are contained in the proclamation ofice of John Hutchinson, in Lawrence. Blanton of the chairman of the executive committee. But t the hous, in Blanton after the convention is organized, seats may be con- precinct, at t house of J. Abbott, in Blanton. tested in the usual way.~Palmyra precinct, at the house of H. Barricklow, in'tesoted in the usual way. emberf tePalmyra —Wakarusa river the dividing line between ".Resolved, That tbe #embers of the convention theto precincts shall receive, as a compenation for their services, the the to precincts. sum of three dollars per day, and three dollars for Second eecrion Burson, on the Wakarusa. Beevery twenty miles' travel to and from the same, and reci house of H. J. CranBer, East Dougla. that Congress be respectfully requested to appropriate ia pr election-district. Topeka precinct, house a sufficient sum to defray the necessary expenses of " Third lec, Topeka. Big Springs precinct, at the of F. W. Giles, Topeka. Big Springs precinct, at the "Resolved, That on the adoption of a Constitution of Wesley Frost, in Washington. Tecumseh for the State of Kansas, the president of the conen- recict, at the hous ofr. oaland, n Tecumseh. tion shall transmit an authenticated copy thereof to " Fourth election-dst ct.-Wllow Springs precinct, to the President at the house of Dr. Chapman, on the Santa Fe road, the President of the United States, to the President rifie of the Senate, and to the Speaker of the House ofection-distri ll-Creek precinct, at Representatives; to each member of Congress, and Fi house of Bapiste Peoria, on Po ttawatomieto the governor of each of the several States in the te e ottawatomie precinct, at the house of enry nion; and adopt such other measures as will secure reekrma. Pottawatmie precinct, at the house of Henry to the people of Kansas the rights and privilege of a Wm. Hughes, in Osawattamie. Big Sugar-Creek svereign mStatei, he c ee o e ee precinct, at the house of Elijah Tucker, at old Potta-' On motion, the committee on address was vested omie Mission. Little Sugar-reek precinct, at with authority to notify the people of the severalwatomie oin. Little SugarCNeosho precinct, at the districts of the Territory of the coming election, by t h o Sttn Neoho precinc handbills, public addresses, and otherwise as they may stor e of Hamilton Smith, in NeosHampdn ~think ~~p~~roper, ~cinct, at the house of W. A. Elas, in Hampden. think proper.ritoril ive c m " Sixth election-district.-~ ort Scott precinct, at the " The Territorial executive committee was appoint- house of Mr. Johnson, or a suitable building in Fort ed by the chair, consisting of the following persons hoe o. ott's Town precinct, at the house of Mr.. H. Lane, C. Kz. H~olliday, Mi. J. Parrott, P. C. Scott. Scott's Town precinct, at the house of Mr. J. H. Lane, C. K. Holliday, M. J. Parrott, P. C. Vandever Schuyler. G. W. Smith, G. W. Brown, and J..,Seventh election-district.-Titus precinct, at the G"oodin. moin tepoedgofticmn house of J. B. Titus, on the Santa Fe road. "On motion, the proceedings of this conventionct.-Council Grove precinct, were ordered to be published in all the papers of the a Council Grove Mission House. Waubonsa precinct, Territory, at some suitable building in Waubonsa. Mill-Creek I A vote of hankt was passed to the president and precinct, at the house of G. E. Hoheneck, on Millofficers of the convention. Creek. Ashland precinct, at the house of Mr. Adams,' Adjourned, with three enthusiastic cheers for the in Ashland. new government of Kansas. 6"Ninth election-district.-Pawnee precinct, at Lo.. " WM, Y. ROBERTS, President. den and Shaw's store. in Pawnee. E. D. LsDDi " Tenth election-district.-Big Blue precinct, at the J. A. NBSBITT, house of S. D. Dyer, in Juniatta. Rock-Creek prerM. tW. DELAHeAY, cinct, at the house of Robert Wilson. Secretaries.T. " Eleventh election district.-Vermillion precinct, at " CONSTITUTIONAL PROCLAMATION. the house of John Schmidt, on Vermillion branch of Blue river. " To the L~egal Vuters of Kansas: " Twelfteh election-district.-St. Mary's precinct, at' Whereas the Territorial government, as now con- the house of B. F. Bertrand. Silver Lake precinct, at stituted for Kansas, has proved a failure-squatter the house of Joseph Leframbois. sovereignty under its workings a miserable delusion, "Thirteenth electioln-district. —Hickory Point prein proof of which it is only necessary to refer to our cinct. at the house of Charles Hardt. Falls precinct, past history and our present deplorable condition, our at the house of'Mill Company,' at Grass-hopper ballot-boxes have been taken possession of by bands Falls. of armed men from foreign States-our people forcibly "Fourteenth election-district.-Bur-Oak precinct, at driven therefrom-persons attempting to be foisted the house of Benjamin Harding. Doniphan precinct, upon us as members of a so-called legislature, unac; (including part of the 15th district to Walnut-Creek), quainted with our wants, and hostile to our best at the house of Dr. G. A. Cutler, in Doniphan. Wolf interests- some of them never residents of our Tr river precinct, at the house of Aaron Lewis. -river precinct, at the house of Aaron Lewis. ritory-misnamed lairs passed, and now attempting to " Efteenth election-isric - Walnut-Creek prebe enforced by the aid of citizens of foreign States of cinct (south Walnut-Creek), at the house of Charles the most oppressive, tyrannical, and insultingcharac- Hays, on Military road. ter-the rghst of suffrage taken from us-debarred'i Sixteenth election-district.-Leavenworth precinct, from the privilege of a voice in the election of even at the store of Thomas Doyle, in Leavenworth City. the most inignificant officers-the right of free speech Easton precinct, at the house of Thomas A. Maynard, stifed-the muzzling of the press attempted; and on Stranger-Creek. Wyandot precinct, at the counwhereas longer forbearance with such oppression and cil-house, in Wyandot City. Ridge precinct, at the tyranny has ceased to be a virtue; and whereas the house of Wm. Pennock. people of this country have heretofore exercised the " Seventeenth eleetion-distrit.-Mission precinct, at right of changing their form of government when it the Baptist Mission-building. Wakarusa precinct, at became oppressive, and have at all times conceded this the store of Paachal Fish. right to the people in thisand all other governments; E4 Eighteenth eleclion-district.-California precinct, and whereas a Territorial form of government is un- at the house of W. W. Moore, on the St. Joseph and known to the Constitution, and is the mere creature California road. of necessity awaiting the action of the people; and OF ELEON. whereas the debasing character of the slavery which now involves us impels to action, anil leaves us as the "The three judges will provide for each poll, ballotonly legal and peaceful alternative the immediate boxes for depositing the ballots cast by electors; shal: establishment of a State government; and whereas appoint two clerks, all of whom shall be sworn or afthe organic act fails in pointing out the course to be firmn to discharge the duties of their respective offices adopted in an emergency like ours Therefore you impartially and with fidelity' and the judges and THE KANSAS-NEBRASKA STRUGGLE. 117 clerks shall have power to administer the oath or affir- in forming a law for themselves; but it is not mation to each other; and the said judges shall open now necessary to consider that matter, as it is to said election at 10 o'clocka.m., at the place designated be hoped that Congress will not leave them to in each precinot by the executive committee of Kansas such a necessity Territory,. and close the same at 4 o'clock p. m. In case Thus far, this effort of the people for redress is any of the officers appointed fail to attend, the officer or T f officers in attendance shall supply their places. And peaceful, constitutional, and right. Whether it the said judges shall make out duplicate returns of said will succeed, rests with Congress to determine; election. seal up and transmit one copy ef the same but clear it is that it should not be met and dewithin five days to the chairman of the executive nounced as revolutionary, rebellious, insurreccommittee to be laid before the convention, and they tionary, or unlawful, nor does it call for or justify shall within ten days seal up and hand the other to the exercise of any force by any department of some member of the said executive committtee. If at t vrn nt to h r n lit the time of holding said election it shall be inconveni- government to cecoront ent on account of Indian hostilities, or any other cause It ow becomes proper to inquire what should whatever, that would disturb or prevent the voters be done by Congress; for we are informed by of any election-precinct in the Territory trom the free the President, in substance, that he has no power and peaceable exercise of the elective franchise, the to correct a usurpation, and that the laws, even officers are hereby authorized to adjourn said election though made by usurped authority, must be by into any other precinct in the Territory, and to any him enforced and executed, even with military other day they may see proper, of the necessity of force The measures of redress should be apwhich they shall be the exclusive judges, at whichhe e s f h ffi lt time and place the qualified voters may cast their plied to the true cause of te diculty. This votes. obviously lies in the repeal of the clause for free-' QUALIFICATION OF VOTERS, ETC. dom in the act of 1820, and therefore the true All white male inhabitants, cit s of te U d remedy lies in theentire repeal of the act of 1854, " All white male inhabitants, citizens of the Unted j ee d it Let thi s be do rankwhich effected it. Let this be done with frankStates. or who have declared their intentions, before the proper authorities, to become such, above the age ness and m nanimity, and Kansas be organized of twenty-one years, who have had a bonafide resi- anew, as a Free Territory, and all will be put dence in the Territory for the space of thirty days right. immeliately preceding the day of the said election, But, if Congress insist on proceeding with the shall be entitled to vote for delegates to said conven- experiment, then declare all the action by this tion; and all white male inhabitants, citizens of the spurious, foreign legislative assembly utterly inUnited States, above the age of twenty-one years, whod idand direct a reorganization have had a bonafide residence in the Territory of Kan- operative and vop d, and direct f reorganzation, sas for the space of three months immediately pre- providing proper safeguard for legal voting and ceding the day of election, shall be eligible as tiele- against foreign force. gates to said convention. There is, however, another way to put an end to all this trouble there, and in the nation, with" ALPPORTIONMENT. out retracing steps or continuing violence, or by "The apportionment of delegates to said convention force compelling obedience to tyrannical laws shall be as follows: Two delegates for each represent- made by foreign force; and that is, byadmitting ative to which the people were entitled in the legis- that Tberorei a a fState wa th her free costitiu lative assembly, by proclamation of Governor Reeder t T a a S of date March 10. 1855 tion. True, indeed, her numbers are not such az " It is confidently believed that the people of Kan- gives her a right to demand admission, being, as sas are fully alive to the importance of the step they the President informs us, probably only about are about to take in disenthralling themselves from the twenty-five thousand. The Constitution fixes no slavery which is now lettering them; and the squat- number as necessary, and the importance of now ters of Klsus eae earnestly requested to be at their settling this question may well ustify Congress several polls on the day above designated. See that admittin a at there be no illegal votes cast, and that every ballot re t a a tate, at me, epec ceived be in accordance with your choice for delegate ally as we have good reason to believe that, if to the constitutional convention, and have all the admitted as a State, and controversy ended, it regulations and restrictions carried out. will immediately fill up with a numerous and " The plan proposed in the proclamation, to govern successful population. yon in the election, has been adopted after mature At any rate, it seems impossible to believe that deliberation, and, if adhered to by you, will result in Congress is to leave that people without redress, establishing inKansas an independent government that Congress is to leave that people withe army of the will be admitted into our beloved Union as a sovereign h a ve enforced upon them by the army of the State, securing to our people the liberty they have nation these measures and laws of violnce and heretofore enjoyed, and which has been so ruthlessly oppression. Are they to be dragooned into subwrested from them by reckless invaders. mission? Is that an experiment pleasant to " By order of the executive committee of Kansas execute on our own free people? Territory, The true character of this transaction is matter j. K. GooIN, "3 He LANE, Chairman. of extensive notoriety. Its essential features are rJ. e. GOODIN, secretry. -too obvious to allow of any successful disguise Delegates were elected agreeably to the pro- or palliation, however complicated or ingenious clamation so issued, and they met at Topeka on may be the statements, or however special the the fourth Tuesday in October, 1855, and formed pleadings, for that purpose. The case requires a constitution, which was submitted to the peo- some quieting, kind, and prudent treatment by ple, and was ratified by them by vote in the dis- the hand of Congress to do justice and satisfy the tricts. An election of State officers and members nation. The people of this country are peacefulof the State legislature has been had, and a rep- ly relying on Congress to provide the competent resentative to Congress elected, and it is intend- measures of redress which they have the uned to proceed to the election of senators, with the doubted power to administer. view to present the same, with the constitution, The Attorney-General, in the case of Arkansas, to Congress for admission into the Union. says: " Congress may at pleasure repeal or Whatever views individuals may at times, or modify the laws passed by the territorial legislain meetings, have expressed, and whatever ulti- ture, and may at any time abrogate and remodel mate determination may have been entertained the legislature itself, and all the other departin the result of being spurned by Congress, and ments of the territorial government." refused redress, is now entirely immaterial. Treating this grievance in Kansas with ingeThat cannot condemn or give character to the nious excuses, withnieglect or contempt, or riding proceedings thus far pursued. over the oppressed with an army, and dragooning Many may have honestly believed usurpation them into submission, will make no satisfactory could make no law, and that if Congress made termination. Party success may at times be no further provisions they were well justified temporarily secured by adroit devices, plausible 118 THE STRUGGLE FOR SLAVERY RESTRICTION. pretenses, and partisan address; but the perma- or shall refuse to attend on said Committee, and nent preservation of this Union can be maintain- to give evidence, when summoned for that pured only by frankness and integrity. Justice may pose, or shall refuse to produce any paper, book be denied where it ought to be granted; power public record, or proceeding, in their possession may perpetuate that vassalage which violence or control, to said Committee, when so required, and usurpation have produced; the subjugation or shall make any disturbance where said Conof white freemen may be necessary, that African mittee is [are] holding their sittings, said CommitSlavery may succeed; but such a course must tee may, if they see fit, cause any such person to not be expected to produce peace and satisfaction be arrested by said assistant sergeant-at-arms, in our country, so long as the people retain any and brought before this House, to be dealt with proper sentiment of justice, liberty, and law. as for contempt. J. COLLAMER. "Resolvedfijrther, That, for the purpose of defraying the expenses of said Commission, there be, and hereby is, appropriated the sum of ten It is not possible, within the limits pre- thousand dollars, to be paid out of the contingent scribed forthis volume, w to give a full ac- fund of this House. scribed for this volume, to give a full ae- Resolved further, That the President of the count of the debates and proceedings in the United States be, and is hereby, requested to present Congress with relation to Kansas. furnish to said Committee, should they be met Suffice it that, on the 19th of March, the with any serious opposition by bodies of lawless House was brought to a vote on the propo- men in the discharge of their duties aforesaid, it.io wofth C omm it. of Eo ectn is t-oJ. such aid from any military force as may at the sition of the Committee of Elections, to time be convenient to them, as may be necessary empower said Committee to send to Kansas to remove such opposition, and enable said Comfor persons and papers, modified, on motion mittee, without molestation, to proceed with their of Mr. Dunn of Indiana, with the assent of labors. said Co. mmittee, so asJo read as follows: 1" ResolvedfJurther, That when said Committee said Committee, so as to read as follows: shall have completed said investigation, they " Resolved, That a Committee of three of the report all the evidence so collected to this House." members of this House, to be appointed by the This proposition the House adopted — Speaker, shall proceed to inquire into and collect Yeas 101; Nays 93-as follows: evidence in regard to the troubles in Kansas generally, and particularly in regard to any fraud YEAS-For the proposed Investigation: or force attempted or practiced in reference to any of the elections which have taken place in MAINE-Samuel P. Benson, Ebenezer Knowlsaid Territory, either under the law organizing ton, Israel Washburn, Jr.-3. said Territory, or under any pretended law which NEW-HAMPSHIRE-Apron H. Cragin, James may be alleged to have taken effect there since. Pike-2. That they shall fully investigate and take proof MASSACHUSETTs-James Buffinton, Anson of all violent and tumultuous proceedings in said Burlingame, Calvin C. Chaffee, Linus B. Comins, Territory, at any time since the passage of the William S. Damrell, Timothy Davis, Robert Kansas-Nebraska act, whether engaged in by B. Hall, Chauncey L. Knapp, Mark Trafton the residents of said Territory, or by any person -9. or persons from elsewhere going into said Terri- RHODE ISLAND-Nathaniel B. Durfee-1. tory, and doing, or encouraging others to do, any CONNECTICUT-Ezra Clark, Jr., Sidney Dean act of violence or public disturbance against the William W. Welch, John Woodruff-4. laws of the United States, or the rights, peace, VERMONT-James Meacham, Justin S. Morand safety of the residents of said Territory; and, rill —'2. for that purpose, said Committee shall have full NEW-YORK-Henry Bennett, Bayard Clarke, power to send for, and examine, and take copies Samuel Dickson, Edward Dodd, Francis S. Edof, all such papers, public records, and proceed- wards, Thomas T. Flagler, William A. Gilbert, ings, as in their judgment will be useful in the Amos P. Granger, Solomon G. Haven, Thomas premises; and also, to send.for persons and exam- R. Horton, Jonas A. Hughston, William II. Kelne them on oath, or affirmation, as to matters sey, Rufus H. King, Orsamus B. Matteson, within their knowledge, touching the matters of Andrew Z. McCarty, Killian Miller, Edwin B. said investigation; and said Committee, by their Morgan, Ambrose S. Murray, Andrew Oliver, Chairman, shall have power to administer all John M. Parker, Benjamin Pringle, Russell necessary oaths or affirmations connected with Sage, George A. Simmons, Francis E. Spinner their aforesaid duties. James S. T. Stranahan, Abram Wakeman" Resolved further, That said Committee may 26. hold their investigations at such places and times NEW-JERSEY-Isaiah D. Clawson, James as to them may seem advisable, and that they Bishop, George R. Robbins-3. have leave of absence from the duties of this PENNSYLVANIA-John Allison, DAVID BARHouse until they shall have completed such in- CLAY, Samuel C. Bradshaw, James H. Campvestigation. That they be authorized to em- bell, John Covode, John Dick, John R. Edie, ploy one or more clerks, and one or more as- Galusha A. Grow, JOHN HICKMAN, Jonathan sistant sergeants-at-arms, to aid them in their Knight, David Ritchie, Anthony E. Roberts, investigation; and may administer to them an JobR. Tyson, Lemuel Todd-14. oath, or affirmation, faithfully to perform the OHIO-Edward Ball, Philemon Bliss, Lewis duties assigned to them, respectively, and to keep D. Campbell, Timothy C. Day, Jonas R. Emrie, secret all matters which may come to their know- Samuel Galloway, Joshua Giddings, Aaron ledge touching such investigation, as said Com- Harlan, John Scott Harrison, Valentine B. mittee may direct, until the Report of the eame Horton, Benjamin F. Leiter, Oscar F. Moore, shall be submitted to this House; and said Com- Richard Mott, Matthias H. Nichols, William R. mittee may discharge any such clerk, or assistant Sapp, John Sherman, Edward Wade, Cooper K. sergeant-at-arms, for neglect of duty or disregard Watson-18. of instructions in the premises, and employ others' INDIANA-Lucien Barbour, Samuel Brenton, under like regulations. Schuyler Colfax, William Cumback, George G. Resolved further, That if any person shall, in Dunn, Daniel Mace, John U. Pettit, Harvey D any manner, obstruct or hinder said Committee, Scott-8. or attempt to do so, in their said investigation ILLINOIS-James Knox, Jesse 0. Norton, THE KANSAS-NEBRASKA STRUGGLE. 119 Elihu B. Washburne, James H. Woodworth- of Missouri, were appointed the Committee MIcHIGAN-William A. Howard, David S. of Investigation thereby required. Walbridge, Henry Waldron-3. These gentlemen proceeded to Kansas, WISCONSIN-Charles Billinghurst, Cadwalla- and spent several weeks there in taking tesder C. Washburne-2. timony as to the elections, etc., which had IowA-AUGUSTUS C. HALL, James Thoring- taken place in that Territory. The testi- Total Yeas 101 mony thus taken forms a volume of nearly Total Yeas, 101. twelve hundred large and closely-printed NAYS-Against the Investigation: pages, the substance of which was summed MAiNE-Thomas J. D. Fuller-1. o a Srn i t f^ (~Wi ~ MAiNE-Thomas J. D. Fuller-i. up on their return by the majority (Messrs. OTHER NEW-ENGLAND STATES-None. Howard and Sherman), in the following NEW-YORK-John Kelly, William W. Valk, John Wheeler, Thomas R. Whitney-4. REPORT ON THE OUTRAGES IN NEW-JERSEY-George Vail-1. KANSAS. PENNSYLVAIA-John Cadwalader, Thomas B. Ajournal of proceedings, including sundry com. Florence, J. Glancy Jones-3. munications made to and by the Committee OHIO -None. WIscONsIN —None. ~~OHio-N~ WiscosNm~-Xwe.was kept, a copy of which is herewith submitted. INDIANA-William H. English, Smith Miller The test ony also is herewith submitted; a 2. imony MIcHrIAsN-George W.T Poek-i. copy of it has been made and arranged. not acMIcHiGAN-George W. Peck-1., ILLINOIS-James C. Allen, Thomas Li Harris,cording to the order in which it was taken, but so, as to present, as clearly as possible, a consecuSamuel S. Marshall, William A. Richardson- tive history of events in the Territory, from its CALI.ow isIA-Philen Tone Herbei't-1. organization to the 19th day of March, A. D. CALirFORNiA-Phiaemo n T. Herbert-1. 1856. ~low^~A-~Nofne~. ^Your Committee deem it their duty to state, as Total from Free States 17. briefly as possible, the principal facts proven before them. When the act to organize the TerDELAWARE-None. ritory of Kansas was passed on -- day of MARYLAND-Thomas F. Bowie, Henry W. May, 1854,, the greater portion of its eastern borDavis, Henry W. IHoefman, J. Morrison Har- der was included in Indian reservations not open ris, James B. Ricaud, James A. Stewart-. for settlement, and there were but few white setVIRGINIA-Thomas S. Bocock, John S. Car- tiers in any portion of the Territory. Its Indian lisle, John S. Caskie, Henry A. Edmundson, population was rapidly decreasing, while many Charles J. Faulkner, William O. Goode, Zede- emigrants from different parts of our country were kiah Kidwell, John Letcher, Fayette McMullen, anxiously waiting the extinction of the Indian John S. Millson Paulus Powell William Smith title, and the establishment of a Territorial Gov-12. ernment, to seek new homes in its fertile praiNORTH CAROLINA-~Louis OB. Branch, Thom- ries. It cannot be doubted that if its condition as L. Cligman, Burton Craige, Robert T. as a free Territory had been left undisturbed Paine, Thomas Ruffin, Warren WinsloW-&. by Congress its settlement would have been SOUTH CAROLNA-Wiiam Aiken, William rapid, peaceful, and prosperous. Its climate, W. Boyce, Preston S. Brooks, John ecQneen, soil, and its easy access to the older settlements James L. Orr-5. would have made it the favored course for the GEORGIA-Howell Cobb, Martin J. Crawford, tide of emigration constantly flowing to the West, John H. Lumpkin, James L. Seward, Alex. H.'and by this time it would have been admitted Stephens, Robert P. Trippe, Hiram Warner- into the Union as a Free State, without the least 7. sectional excitement. If so organized, none but ALABAMA-W.. W. W. Cobb, James F. Dow- the kindest feeling could have existed between it dell, Sampson W. Harris, George S. Houston and the adjoining State. Their mutual interests Eli S. Shorter, William R. Smith, Percy Walker and intercourse, instead of, as now, endangering -S. the harmony of the Union, would have strengthMississrp I —Hendley S. Beinett, Willia A. ened the ties of national brotherhood. The tesLake, John A. Quitman-3. timony clearly shows, that before the proposition LOUISIANA-Thos. G. Davidson, George Eus- to repeal the Missouri Compromise was intro tis, Jr., John M. Sandidge, Miles Taylor4. duced into Congress, the people of western MisFLORIDA-Augustus E. Maxwell-1. siouri appeared indifferent to the prohibition of TEXAS-Peter H. Bell, Lemuel D. Evans-2. Slavery in the Territory, and neither asked nor KENTUCKY-Henry C. Burnett, John P. desiredits repeal. Campbell, Leander M. Cox, John M. Elliot, When, however, the prohibition was removed Alex. K. Marshall, Humphrey Marshall, Samuel by the action of Congress, the aspect of affairs F. Swope, Albert G. Talbott, William L. Under- entirely changed. The whole country was agiwood-9. tated, by the reopening of a controversy which TENNESSEE-GeorgeW. Jones, Charles Ready, conservative men in different sections hoped had John H. Savage, Samuel A. Smith, William. been settled, in every State and Territory, by Sneed, Albert G. Watkins, John V. Wright, some law beyond the danger of repeal. The exFelix K. Zollicoffer —8. citement which has always accompanied the MIssOURI-Samuel Caruthers, Luther M. discussion of the Slavery question was greatly inKennett, James J. Lindley, Mordecai Oliver, creased, by the hope on the one hand of extendJohn S. Phelps, Gilchrist Porter-6. ing Slavery into a region from which it had been ARKANSAS:-None. excluded by law, and on the other by a sense of Fillmoe mn in I s n mn wrong done by what was regarded as a dishonor [Fillmore men in Italics; Buchanan men voting of a national compact. This excitement was natuBcha in Nay in om An.and rally transferred into the border counties of Missouri and the Territory as settlers favoring So the resolution prevailed, and Messrs. free or Slave institutions moved into it. A new WILLIAM A. HOWARD of Michigan, JOHN difficulty soon occurred. Different constructions WILLIA. ioWARD O Michig l were put upon the organic law. It was contendSHERMAN of Ohio, and MOIaDEC.a OLIVER ed by the one party that the right to ho/i Slaves 120 THE STRUGGLE FOR SLAVERY RESTRICTION. in the Territory existed, and that neither the peo- instrument in organizing the subsequent armed pie nor the Territorial Legislature could prohibit invasions and forays. In its Lodges in Missouri Slavery-that that power was alone possessed by the affairs of Kansas were discussed, the force the people when they were authorized to form a necessary to control the election was divided in. State government. It was contended that the to bands, and leaders selected, means were colremoval of the restriction virtually established lected, and signs and badges were agreed upon. Slavery in the Territory. This claim was urged While the great body of the actual settlers of the by many prominent men in western Missouri, Territory were relying upon the rights secured who actively engaged in the affairs of the Terri- to them by the organic law, and had formed no tory. Every movement, of whatever character, organization or combination whatever even of a which tended to establish free institutions, was party character, this conspiracy against their regarded as an interference with their rights. rights was gathering strength in a neighboring Within a few days after the organic lav pass- State, and would have been sufficient at their first ed, and as soon as its passage could be known election to have overpowered them,, if they had on the border, leading citizens of Missouri cross- been united to a man. ed into the Territory, held squatter meetings and Your Committee had great difficulty in elicitthen returned to their homes. Among their reso- ing the proof of the details in regard to this secret lutions are the following: society. One witness, member of the legislative council, refused to answer questions in reference "That we will afford protection to no Abolitionist as council, refused to answer questions in reference Ta settler of this Territory." tectiontto it (2). Another declined to answer fully, be"That we recognize the institutionof Slavery as al- cause to do so would result to his injury (31. ready existing in this Territory, and advise slavehold- Others could or would only answer as to the gene. era to introduce their property as early as possible." ral purposes of the Society, but sufficient is disclosed in the testimony to show the influence it Similar resolutions were passed in arios in controlling the elections in the Territory. parts of the Territory, and by meetings in seve- The first election was for a Delegate to Conral counties of Missouri. Thus the first effect grss. It was appointed for the 29th of Novemof the repeal of the restriction against Slavery ber, 1854. TheGovernor divided the Territory was to substitute the resolves of squatter meet- into seventeen Election-Districts; appointed ings, composed almost exclusively of citizens of Judges and prescribed proper rules for the eleca single State, for the deliberate action of Con- tion. In the Ist, IId. VIIlth, IXth, Xth, XIIth, gress, acquiesced in for thirty-five years. XIIIth, and XVIIth Districts there appears to This unlawful interference has been continued have been but little if any fraudulent voting. in every important event in the history of the The election in the lid District was held at the Territory; eery election has been controlled not village of Douglas, nearly fifty miles from the by the actual settlers, but by citizens of Mis- Missouri line. On the day before the election, souri, and as a consequence every officer in the large companies of men came into the district in Territory, from constables to legislators, except wagonand on horseback, and declared that they those appointed by the President. owe their posi- were from the State of Missouri, and were going tions to non-resident voters. None have een to Douglas to vote. On the morning of the elected by the settlers, and your Committee have election they gathered around the house where been unable to find that any political power theelectionwas tobeheld. Two the Judges whatever, however unimportant, has been exer-appointed by the Governor did not appear, and appointed by the Governor did not appear, and cised by the people of the Territory. other Judges were elected by the crowd. All In October, A. D. 1854, Gov. A. H. Reeder then voted. In order to make a pretense of and the other officers appointed by the President right to vote, some persons of the company kept arrived in the Territory. Settlers from all parts a pretended register of squatter claims, on which of the country were moving in in great numbers, any one could enter his name and then assert he making their claims and building their cabins, had a claim in the Territory. A citizen of the About the same time, and before any election ws district who was himself a candidate for Delegate or could be held in the Territory, a secret politito Congress, was told by one of the strangers, cal society was formed in the State of Missouri that hewould be abused and probably killed if he (1). It was known by different names, such as challengedavote (4). He wasseized by the collar, " Social Band," " Friends' Society," "Blue called a d-d Abolitionist, and was compelled to Lodge," "The Sons of the South." Its members prtection in the room with the Judges. were bound together by secret oaths, and they About the time the polls were closed, these had passwords, signs, and grips by which they strangers mounted their horses and got into their were known to each other. Penalties were im- wagons and cried outposed for violating the rules and secrets of the "Allaboard for Westport and Kansas City." Order. Written minutes were kept of the pro- A number were recognized as residents of Misceedings of the Lodges, and the different Lodges ouri, and among them was Samuel H. Woodson, were connected together by an effective organi- a leading lawyer of Independence. Of those zation. It embraced great numbers of the citi- whose names are on the poll-books, 35 were resizens of Missouri, and was extended into other dent settlers and 226 were non-residents. Slave States and into the Territory. Its avowed The election in the IVth District was held at purpose was not only to extend Slavery into Kan- Dr Chapman's, over 40 miles from the Missouri sas, but also into other Territory of the United State line. It was a thinly-settled region, conStates, and to form a union of all the friends of taining but 47 voters in February, 1855, when that institution. Its plan of operating was to or- cnsuswas taen. On the dy before the ganize and send men to vote at the elections in election, from t o 150 citizens yf Case and the Territory, to collect money to pay their ex- Jackson Counties, Mo., came into this district penses, and, if necessary, to protect them in vot- declaring their purpose to vote, and that they ing. It also proposed to induce Pro-Slavery men were bound to make Kansas a Slave State, if to emigrate into the Territory, to aid and sustain they did it at the point of the sword (5). Persons them while there, and to elect none to office but of the party on the way drove each a stake in the those friendly to their views. This dangerous ground and called it a claim-and in one case society was controlled by men who avowed their several names were put on one stake. The parpurpose to extend Slavery into the Territory at ty of strangers camped all night near where the all hazards, and was altogether the most effective (1) Jordan Davidson, J, C. Prince, John Scott. J. IL (2) W. P. Richardson. (3) 0. C. Prince. (4) Jobh gtringfellow. A. Wakefield. (5) Peter Bassinger. THE KANSAS-NEBRASKA STRUGGLE. 121 election was to be held, and in the morning were name of Nolan, whom he knew to reside in Jackat the election-polls and voted. One of their son County. Finally the thing was hushed up party got drunk, and to get rid of Dr. Chapman, as the witness had a good many friends there a judge of the election, they sent for him to come from that county, and it might lead to a fight if and see a sick man, and in his absence filled his he challenged any more votes. Both voted and place with another judge, who was not sworn, he then went down to their camp. He there saw They did not deny or conceal that they were re- many of his old acquaintances whom he knew sidents of Missouri, and many of them were re- had voted at the election in August previous in cognized as such by others. They declared that Missouri, and who still resided in that State. they were bound to make Kansas a Slave State. By a careful comparison of the poll-lists with the They insisted upon their right to vote in the Ter- census rolls, we find but 12 names on the pollritory if they were in it one hour. After the elec- book who were voters when the census was tion they again returned to their homes in Mis- taken three months afterwards, and we are satsouri, camping over night on the way. isfied that not more than 20 legal votes could We find upon the poll-books 161 names; of have been polled at that election. The only rethese not over 30 resided in the Territory, 131 were sidents who are known to have voted are named non-residents (6). by the witness, and are 13 in number-thus But few settlers attended the election in the leaving 584 illegal votes cast in a remote disVth District, the District being large and the set- trict, where the settlers within many miles were tlement scattered. 82 votes were cast; of these acquainted with each other. between 20 and 30 were settlers (7), and the resi- The total n mber of white inhabitants in the due were citizens of Missouri. They passed into XIth District in the month of February, A. D. the Territory (8) by way of the Santa Fe road 1855, including men, women, and children, was and by the residence of Dr. Westfall, who then 36, of whom 24 were voters-yet the poll-lists in lived on the western line of Missouri (9). Some this District show that 245 votes were cast at little excitement arose atthe polls as to the legal- this election. For reasons stated hereafter in ity of their voting, but they did vote for Gen. regard to the election on the 30th of March, your Whitfield, and said they intended to make Kan- Committee were unable to procure the attendsas a Slave State-and that they had claims in ance of witnesses from this District. From the the Territory. Judge Teazle, judge of the Court records it clearly appears that the votes cast in Jackson County, Missouri, was present, but could not have been by lawful resident voters. did not vote (9). He said he did not intend to The best test, in the absence of direct proof, by vote, but came to see that others voted. After which to ascertain the number of legal votes the election, the Missourians returned the way cast, is by a comparison of the census-roll with they came. the poll-book-by which it appears that but 7 The election in the VIth District was held at resident settlers voted, and 238 votes were illeFort Scott, in the southeast part of the Terri- gally and fraudulently given. tory and near the Missouri line. A party of The election in the XIVth District was held about one hundred men, from Cass and the coun- at the house of Benjamin Harding, a few miles ties in Missouri south of it, went into the Terri- from the town of St. Joseph, Missouri. Before tory, traveling about 45 miles, most of them the polls were opened, a large number of citiwith their wagons and tents, and camping out. zens of Buchanan County, Missouri, and among They appeared at the place of election. Some them many of the leading citizens of St. Joseph, attempts were made to swear them, but two of were at the place of voting, and made a majorithe Judges were prevailed upon not to do so, and ty of the company present. At the time apnone were sworn, and as many as chose voted. pointed by the Governor for opening the polls, There were but few resident voters at the polls. two of the Judges were not there, and it became The settlement was sparse-about 25 actual set- the duty of the legal voters present to select tiers voted out of 105 votes cast, leaving 80 ille- other Judges. The Judge who was present (13) gal votes (10). After the voting was over the suggested the name of Mr. Waterson as one of Missourians went to their wagons and commenced the Judges-but the crowd voted down the proleaving for home. position. Some discussion then arose as to the The most shameless fraud practiced upon the right of non-residents to vote for Judges, during rights of the settlers at this election was in the which Mr. Bryant was nominated and elected VIIth District. It is a remote settlement about by the crowd. Some one nominated Col. John 75 miles from the Missouri line, and contained in Scott as the other Judge, who was then and is February, A. D. 1855, three months afterwards, now a resident of St. Joseph. At that time he when the census was taken, but 53 voters; and was the City Attorney of that place, and so conyet the poll-books show that 604 votes were cast. tinued until this Spring, but he claimed that the The election was held at the house of Frey Mc- night before he had come to the house of Mr. Gee, at a place called "110." But few of the Bryant, and had engaged boarding for a month, actual settlers were present at the polls (11). A and considered himself a resident of Kansas on witness who formerly resided inJacksonCounty, that ground. The Judges appointed by the Mo., and was well acquainted with the citizens Governor refused to put the nomination of Col. of that county (12), says that he saw a great Scott to vote, because he was not a resident. many wagons and tents at the place of election, After some discussion, Judge Leonard, a citizen and many individuals he knew from Jackson of Missouri, stepped forward and put the vote County. He was in their tents and conversed himself; and Mr. Scott was declared by him as with some of them, and they told him they had elected by the crowd, and served as a Judge of come with the intention of voting. He went to Election that day. After the election was over the polls intending to vote for Flennekin, and he returned to St. Joseph, and never since has his ticket being of a different color from the rest, resided in the Territory. It is manifest that this his vote was challenged by Frey McGee, who election of a non-resident lawyer as a Judge was had been appointed one of the Judges but did imposed upon the settlers by the citizens of the not serve. Lemuel Ralstone, a citizen of Mis- State. When the board of Judges was thus souri, was acting in his place. The witness then completed, the voting proceeded, but the effect of challenged the vote of a young man by the the rule adopted by the Judges allowed many, it not a majority of the non-residents, to vote. They (6) Thomas Hopkins, Rubin Hacket, Perry Fuller, claimed that their presence on the ground, eJohn F. Lucas. (7) James W. Wilson. (8) Dr. B. C. Westfall. (9) J. W. Wilson. (10) S. C. Prince. (11) Matthias A. Reed. (12) Wm. F. Johnstone. (13) Benjamin Harding. 122 THE STRUGGLE FOR SLAVERY RESTRICTION. pecially when they had a claim in the Territory, and wagons about the town, " like a camp meetgave them a right to vote-under that construe- ing" (18). They were in companies or messes of tion of the law they readily, when required, swore ten to fifteen in each, and numbered in all several they were " residents" and then voted. By this hundred. They brought their own provisions evasion, as near as your Committee can ascer- and cooked it themselves, and were generally tain from the testimony. as many as 50 illegal armed. Many of them were known by the witvotes were cast in this District out of 153, the nesses, and their names given, and their names whole number polled. are found upon the poll-books. Among them The election in the XVth District was held at were several persons of influence where they rePenseman's, on Stranger Creek, a few miles sided in Missouri, who held, or had held, high from Weston, Missouri. On the day of the elec- official positions in that State. They claimed to tion a large number of citizens of Platte County, be residents of the Territory, from the fact that but chiefly from Weston and Platte City, came they were then present, and insisted upon the in small parties, in wagons and on horseback, to right to vote, and did vote. Their avowed purthe polls. Am'ong them were several leading pose in doing so was to make Kansas a Slave citizens of that town, and the names of many of State. These strangers crowded around the them are given by the witnesses (14). They polls, and it was with great difficulty that the generally insisted upon their right to vote, on the settlers could get to the polls (19). One resident ground that every man having a claim in the attempted to get to the polls in the afternoon, but Territory could vote, no matter where he lived was crowded and pulled back. He then went (15). All voted who chose. No man was chal- outside of the crowd and hurrahed for Gen. lenged or sworn. Some of the residents did not Whitfield, and some of those who did not know vote. The purpose of the strangers in voting was him said, " that's a good Pro-Slavery man," and declared to be to make Kansas a Slave State lifted him up over their heads so that he crawl(16). We find by the poll-books that 306 votes ed on their heads and put in his vote. A person were cast-of these we find but 57 are on the who saw from the color of his ticket that it was census-rolls as legal voters in February follow- not for Gen. Whitfield, cried out, "He is a ing. Your Committee is satisfied from the testi- damned Abolitionist-let him down;" and they mony that not over 100 of those who voted had dropped him (20). Others were passed to the any right so to do, leaving at least 206 illegal polls in the same way, and others crowded up votes cast. in the best way they could. After this mockThe election in the XVIth District was held at ery of an election was over, the non-residents Leavenworth. It was then a small village of returned to their homes in Missouri. Of the three or four houses, located on the Delaware 312 votes cast, not over 150 were by legal Reservation (17). There were but comparative- voters. ly few settlers then in the district, but the num- The following abstract exhibits the whole number rapidly increased afterward. On the day her of votes at this election, for each candidate; before and on the day of the election, a great the number of legal and illegal votes cast in many citizens of Platte, Clay, and Ray counties each district; and the number of legal votes in crossed the river-most of them camping in tents each district in February following: ABSTRACT OF CENSUS AND ELECTION OF NOV. 29, 1854.,.,. -.. PLACE OF VOTING. C 1 0'a 0 V~I I F"~il l' 7 _ I Lawrence.....46 188 51 15 300 869 300 - II Douglas.......... 6 261 199 35 226 ItI Stinson's —.... —.. —-- --- - 1 47 101 47 IV Dr. Chapman's —-.140.....21 - 16 1 47 30 131 V. Sherman's. —-- ---- ----- ---- 63 4 15 82 442 30 52 VI Fort Scott...... —---------- ---- - 105 1 - 105 253 25 80 VII "116"-....................... — 597 7 C04 53 2 584 VIII Council Grove. -16 - 16 39 16 - IX Reynold's ----------------. —---- - 9 -- 31 - 40 36 40 - X Big Blue Cross —------------------ 2 6 29 - 37 63 37 XI Marvsville ----------- --------- 237 3 5 24 24 7 233 XII Warton's Store —------------ 1 9 - 1 41 78 41 XIII Osawkie —. —--- -.. 69 1 1 71 96 71 XIV Harding's -.-... ---. — - 130 - 23 - 153 334 103 50 XV Penaeno, ----------—. —----- ---—. 267 - 39 306 308 100 206 XVI Leavenworth -.... —--------- - 232 80 312 385 150 162 XVII Shawnee Agency -...-.. 49 - 13 ~ 62 50 62 - XVIII 28 - - - Total..... —--- 2268 249 305 21 2871 1114 1729 Thus your Committee find that in this the first Missouri, in violation of the organic law of election in the Territory, a very large majority the Territory. Of the legal votes east, General of the votes were cast by citizens of the State of Whitfield received a plurality. The settlers took but little interest in the election, not one-half of (14) J. B. Crane, Francis M. Peter, John W. How, Phineas Skinner, H. B. Gale. (15) J. B. Crane. (16) H. B. Gale. (17) George H. Keller, and John (18) Geo. H. Keller. (19) John A. Lunday, L. L A.Landay. Easdreau. (20) John A. Lunday. THE KANSAS-NEBRASKA STRUGGLE. 123 them voting. This may be accounted for, from did not change the result of the election, was a the fact that the settlements were scattered over crime of great magnitude. Its immediate effect a great extent-that the term of the Delegate was to further excite the people of the Northern to be elected was short-and that the question States-induce acts of retaliation, and exaspeof Free and Slave institutions was not general- rate the actual settlers against their neighbors ly regarded by them as distinctly at issue. Un- in Missouri. aer these circumstances a systematic invasion In January and February, A. D. 1855, the from an adjoining State, by which large numbers Governor caused an enumeration to be takof illegal votes were cast in remote and sparse en of the inhabitants and qualified voters in settlements for the avowed purpose of extend- the Territory, an abstract of which is here ing Slavery into the Territory, even though it given: ABSTRACT OF CENSUS RETURNS. *r''4 Oa *:: By. Bp S I; | 5;;; I -I i i I.I C. W. Babcock......8.- 6 83 9 69 459 887 75 - _ 962 O. H. Brown...-............. 1 316 2087 5 19 1 t 5619 T. W. Hayes........-....-. III 161 91 01 112 215 12 - 6 252 E. B. Donaldson-.. IV 106 71 47 97 1 2 1 1 177 William Barbee. - 824 583 442 724 1385 22 27 26 1407 William Barbee~ -.. ~ --. VI 492 318 253 418 791 12 11 11 810 J. R. McClure................ II 82 36 53 50 117 1 1 1 11 I8 J. R. McClure.......... VIII 56 27 39 28 76 13 10 83 M.. Conway......... X 61 25 38 31 66 12 14 3 86 M. F. Conway............ X 97 64 63 61 108 23 151 B. H. Twombly......... X 33 3 24 6 30 6 - 86 B. H. Tworobly —.. —- X. 104 40 78 5 109 87 1 7 144 H. B. Jolly..................... XIII 168 116 96 145 273 9 14 14 284 Albert Heed......... XIV 655 512 334 301 46 1 35 1167 H. B. Jolly. —-. —----- I XV 492 381 308 48 846 16 15 15 873 Charles Leib -........... XVI 708 475 385 514 1042 104 48 33 1183 Alex. S. JohnsonI.............. I 91 59 60 5 4 213 5 4 150 B. H. Twombly, —......-..- XVIII 59 40'28 51 97 1 - 99 Total,. --—....-.., —-- - - 128 3373 2905 3469 7161 409 151 242 8501 On the same day the census was completed, by your Committee, are so voluminous that we the Governor issued his Proclamation for an can here state but the leading facts elicited. election to be held on the 30th of March, A. D. 1855, for Members of the Legislative Assembly DH 3, of the Territory. It prescribed the boundaries ST DISTRICT- RCH 30, -L of Districts; the places for polls; the names of The company of persons who marched into Judges; the appointment of members; and re- this District, collected in Ray, Howard, Carroll, cited the qualification of voters. If it had been Boone, La Fayette, Randolph, Saline, and Cass observed, a just and fair election would have Counties, in the state of Missouri. Their ex. reflected the will of the people of the Territory. penses were paid-those who could not come Before the election, false and inflammatory ru- contributing provisions, wagons, etc. (21). Promors were busily circulated among the people of visions were deposited, for those who were exWestern Missouri. The number and character of pected to come to Lawrence, in the house of the emigration then passing into the Territory William Lykins, and were distributed among were grossly exaggerated and misrepresented. the Missourians after they arrived there (22). Through the active exertions of many of its lead- The evening before and the morning of the day ing citizens, aided by the secret societies before of election, about 1,000 men from the above referred to, the passions and prejudices of the counties arrived at Lawrence, and encamped people of that State were greatly excited. Seve- in a ravine a short distance from town, near the ral residents there have testified to the character place of voting. They came in wagons-of which of the reports circulated among, and credited by, there were over one hundred-and on horsethe people. These efforts were successful. By back, under the command of Col. Samuel Young, an organized movement, which extended from of Boone County, Missouri, and Clayborne Andrew County in the north to Jasper County F. Jackson, of Missouri. They were armed in the south, and as far eastward as Boone and with guns, rifles, pistols, and bowie-knives, and Cole Counties, companies of men were arranged had tents, music, and flags with them (23). They in regular parties and sent into every Council- brought With them two nieces of artillery (24). District in the Territory, and into every Representative District but one. The numbers were so distributed as to control the election in each (21) F. P. Vaughan. Jourdan Davidson. (22) Wm. district. They went to vote and with the avowed Tates, O. W. Babcock, Dr. John Day. (23) E. D. design to make Kansas a Slave State. They Ladd, Norman Allen, Win. Yates, Wmin. B. Hornsby, generally anied and equipped, carried with G. W. Dietzler, C. W. Babcock, Lyman Allen, S. N., were generally armed and equipped, carriedwih ood, E. Chapman, Robert Elliott, N. W. Blanton. them their own provisions and tents, and so Jourdan Davidson, Wm. Lyon. J. B. Abbott, Ira. W, marched into the Territory. The details of this Ackley, Dr. John Day, A. B. Wade, John M. Banks. invasion from the mass of the testimony taken H. W. Buckley. (24) E. Chapman, Tourdan Davidson. 124 THE STRUGGLE FOR SLAVERY RESTRICTION. loaded with musket-balls (25). On their way to house (401. Afterward a passage-way through Lawrence some of them met Mr. N. B. Blanton, the crowd was made, by two lines of men being who had been appointed one of the Judges of formed, through which the voters could get up Election by Gov. Reeder, and after learning to the polls (41). Col. Young asked that the ola from him' that he considered it his duty to de- men be allowed to go up first and vote, as they mand an oath from them as to their place of re- were tired with the traveling, and wanted to get sidence, first attempted to bribe, and then threat- back to camp (42). ened him with hanging, in order to induce him to The Missourians sometimes came up to the dispense with that oath. In consequence of these polls in procession, two by two, and voted (43). threats, he did not appear at the polls the next During the day the Missourians drove off the morning to act as Judge (26). ground some of the citizens, Mr. Stevens, Mr. The evening before the election, while in camp, Bond, and Mr. Willis (44). They threatened to the Missourians were called together at the tent shoot Mr. Bond, and a crowd rushed after him of Captain Claiborne F. Jackson, and speeches threatening him, and as he ran from them some were made to them by Col. Young and others, shots were fired at him as he jumped off the bank calling for volunteers to go to other districts of the river and made his escape (45). The citiwhere there were not Missourians enough to zens of the town went over in a body, late in the control the election, and there were more at afternoon, when the polls had become comparaLawrence than were needed there (27). Many tively clear, and voted (46). volunteered to go, and the morning of the elec- Before the voting had commenced, the Mistion, several companies, from 150 to 200 men sourians said, if the Judges appointed by the each, went off to Tecumseh, Hickory Point, Governor did not receive their votes, they would Bloomington, and other places (28). On the choose other Judges (47). Some of them voted morning of the election, the Missourians came several times, changing their hats or coats and over to the place of voting from their camp, in coming up to the window again (48). They said bodies of one hundred at a time (29). Mr. Blan- they intended to vote first, and after they had ton not appearing, another Judge was appointed got through then the others could vote (49). in his place-Col. Young claiming that, as the Some of them claimed a right to vote under the people of the Territory had two Judges, it was organic act, from the fact that their mere prenothing more than right that the Missourians sence in the Territory constituted them residents, should have the other one, to look after their in- though they were from Wisconsin, and had homes terests (30)); and Robert E. Cummins was elect- in Missouri (50). Others said they had a right ed in Blanton's stead, because he considered to vote, because Kansas belonged to Missouri, that every man had a right to vote if he had and people from the east had no right to settle in been in the Territory but an hour (31). The Mis- the Territory and vote there (51). They said they sourians brought their tickets with them, (32); came to the Territory to elect a legislature to but not having enough, they had three hundred suit themselves, as the people of the Territory more printed in Lawrence on the evening before and persons from the east and north wanted to and the day of election (33). They had white elect a legislature that would not suit them (52). ribbons in their button-holes to distinguish them- They said they had a right to make Kansas a selves from the settlers (34). Slave State, because the people of the north had When the voting commenced, the question of sent persons out to make it a Free State (53). the legality of the vote of a Mr. Page was raised. Some claimed that they had heard that the EmlBefore it was decided, Col. Samuel Young stepped grant Aid Society had sent men out to be at the up to the window where the votes were received, election, and they came to offset their votes; but and said he would settle the matter. The vote the most of them made no such claim. Col. of Mr. Page was withdrawn, and Col. Young Young said he wanted the citizens to vote in offered to vote. He refused to take the oath order to give the election some show of fairness prescribed by the Governor, but swore he was a (54). The Missourians said there would be no resident of the Territory, upon which his vote difficulty if the citizens did not interfere with was received (35). He told Mr. Abbott, one of their voting, but they were determined to votethe Judges, when asked if he intended to make peaceably, if they could, but vote any how (55). Kansas nis future home, that it was none of his rhey said each one of them was prepared for business; that if he were a resident then, he eight rounds without loading, and would go the should ask no more (36). After his vote was re- ninth round with the butcher knife (56). Some ceived, Col. Young got up in the window-sill and of them said that by voting in the Territory, they announced to the crowd that he had been per- would deprive themselves of the right to vote in mitted to vote, and they could all come up and Missouri for twelve.months afterward (57). vote (37). He told the Judges that there was no The Missourians began to leave the afternoon use in swearing the others, as they would all of the day of election, though some did not go swear as he haddone (38). Afterthe other Judges home until the next morning (58). concluded to receive Col. Young's vote, Mr. Ab- In many cases, when a wagon-load had voted, bott resigned as Judge of Election, and Mr. Benjamin was elected in his place (39). (40) E. D. Ladd, Norman Allen, C. W. Babcock, LyThe polls were so much crowded until late in man Allen, J. M. Banks. (41) E. D. Ladd, Norman the evening, that, for a time, when the men had Allen, Lyman Allen. (42) Lyman Allen, E. D. Ladd. voted, they were obliged to get out by being (43) E. D. Ladd, Ira W. Ackley. (44) E. D. Ladd, C. hoisted up on the roof of the building where the W. Babcock. Lyman Allen, S. N. Wood. N. B. Blanton, election was being held, and pass out over the John Bey. J Davidson,Charles Robinson. (45) E. D. Ladd, C. W. Babcock, Lyman Allen, S. N. Wood. N. B. Blanton, J. Davidson, Dr. John Dey. (46) E. D. (25) E. Chapman. (26) N. B. Blanton. (27) Norman Ladd, C. Robinson, A. B. Wade, J. Whitlock, J. SL Allen, J Davidson. (28) Norman Allen, Wm. Yates, Banks, H. W. Backley. (47) G. W. Deitzler. (48) S. W. B. Hornsby, C. W. Babcock, S. N. Wood, J. David- N. Wood, Ira W. Ackley. (49) J. Davidson. (50) E. son, A. B. Wade. (29) E. D. Ladd. (30) S. N. Wood. D. Ladd. Norman Allen, Lyman Alien. (51) W. B. (31) R. A. Cummins, Norman Allen, S. N. Wood, C. S. Hornsby, C. W. Babcock, C. Robinson. (52) Wm. Pratt, J. B. Abbott. (32) C. W. Babcock, Robert Yates. Thos. Hopkins, Ira W. Ackley. (53) Lyman AlElliott. (33) Robert Eliott. (34) E. W. Dietzler. len, J. Davidson. (54) Norman Allen. (55) Norman Al (35) E.. Ladd, Norman Allen, S. N. Wood, C. S. len, Lyman Allen, C. W. Babcock, S. N. Wuod, F. ChapPratt, J. B. Abbott. (36) Norman Allen, J. B. Abbott. man, Thos. Hopkins. (56) Jourdan Davidson. (57) J. B. (37) E. D. Ladd, Norman Allen, S. N. Wood, C. S. Abbott. (58) E. D. Ladd, Norman Allen, Wm. Yates, Pratt, J. B. Abbott. (38) C. W. Babcock, J. B. Abbott. W. B. Hornsby. G. W. Dietzler, C. W. Babcock, C. (39) C. W. Babcock, S. N. Wood, C. S. Pratt, J. B. Robinson, E. Chapman, Lyman Allen, J, DavidAbbott. son. THE KANSAS-NEBRASKA STRUGGLE. 125 they immediately started for home (59). On a short time, when Mr. Jones marched with the their way home they said that if Governor crowd up to the window, and demanded that they Reeder did not sanction the election, they would should be allowed to vote without swearing as hang him (60). to their residence (68). After some noisy and The citizens of the town of Lawrence, as a threateningtalk ClaiborneF. Jackson addressed general thing, were not armed on the day of the crowd, saying they hal come there to vote, election, though some had revolvers, but not that they had a right to vote if they had been exposed, as were the arms of the Missourians (61). there but five minutes, and he was not willing to They kept a guard about the town the night go home without voting; which was received after the election, in consequence of the threats with cheers (69). Jackson then called upon them of the Missourians, in order to protect it (62). to form into little bands of fifteen or twenty, The Pro-Slavery men of the District attended which they did (70), and went to an ox-wagon the nominating Conventions of the Free-State filled with guns, which were distributed among men, and voted for, and secured the nominations them (71), and proceeded to load some of them of, the men they considered the most obnoxious on the ground (72). In pursuance of Jackson's to the Free-State party, in order to cause dis- request, they tied white tape or ribbons in their sension in that party (63). buttonholes, so as to distinguish them from the Quite a number of settlers came into the Dis- "Abolitionists" (73). They again demanded that trict before the day of election, and after the the Judges should resign, and upon their refuscensus was taken (64). According to the census ing to do so, smashed in the window, sash and returns, there were then in the District 369 legal all, and presented their pistols and guns to them, voters. Of those whose names are pn the census threatening to shoot them (74). Some one on the returns, 177 are to be found on the poll-books of outside cried out to them not to shoot, as there the 30th of March, 1855. Messrs. Ladd, Babcock, were Pro-Slavery men in the ropm with the and Pratt, testify to 55 names on the poll-books Judges (75). They then put a pry under the corof persons they knew to have settled in the Dis- ner of the house, which was a log house, and trict after the census was taken and before the lifted it up a few inches and let it fall again (76), election. A number of persons came into the but desisted upon being told there were ProTerritory in March, before the election, from the Slavery men in the house. During this time the northern and eastern States, intending to settle, crowd repeatedly demanded to be allowed to vote who were in Lawrence on the day of election. without being sworn, and Mr. Ellison, one of the At that time, many of them had selected no Judges, expressed himseifwilling, but the other claims, and had no fixed place of residence. two Judges refused (77); thereupon a body of Such were not entitled to vote. Many of them men, headed by " Sheriff Jones," rushed into became dissatisfied with the country. Others the Judges' room with cocked pistols and drawn were disappointed in its political condition, and bowie-knives in their hands, and approached at the price and demand for labor, and returned. Burson and Ramsay (78). Jones pulled out his Whether any such voted at the election, is not watch, and said he would give them five minutes clearly shown, but from the proof, it is probable to resign in, or die (79). When the five mithat in the latter part of the day, after the great nutes had expired and the Judges did notresign, body of the Missourians had voted, some did go Jones said he would give them another minute, to the polls. The number was not over 50. These and no more (80). Ellison told his associates voted the Free-State ticket. The whole number that if they did not resign, there would be one of names appearing upon the poll-lists is 1,034. hundred shots fired in the room in less than After full examination, we are satisfied that not fifteen minutes (81); and then, snatching up the over 232 of these were legal voters, and 802 were ballot-box, ran out into the crowd, holding up non-resident and illegal voters. This District is the ballot-box and hurrahing for Missouri (82). strongly in favor of making Kansas a Free State, About that time Burson and Ramsay were called and there is no doubt that the Free-State candi- out by their friends, and not suffered to return dates for the legislature would have been elected (83). As Mr. Burson went out, he put the ballot bylarge majorities, if none but the actual settlers poll-books in his pocket, and took them with him had voted. At the preceding election in Novem- (84); and as he was going out, Jones snatched ber, 1854, where none but legal voters were some papers away from him (85), and shortly polled, General Whitfield, who received the full afterward came out himself holding them up, strength of the Pro-Slavery party (65), got but crying "hurrah for Missouri" (86). After he dis46 votes. covered they were not the poll-books, he took a party of men with him and started off to take II. DISTRICT-BLOOMINGTON. the poll-books from Burson (87). Mr. Burson On the morning of election, the Judges ap-saw them coming, and he gave the books to Mr. pointed by the Governor appeared and opened Umberger, and told him to start off in another the polls. Their names were Harrison Burson, direction, so as to mislead Jones and his party Nathaniel Ramsay, anid Mr. Ellison. The Mis- (88). Jones and his party caught Mr. Umberger, sourians began to come in early in the morning, took the poll-books away from him, and Jones some 500 or 600 of them, in wagons and carriages, u. Dunn, A. W and on horseback, under the lead of Samuel J. (8). Burson, N. Ramsay, J. M. unn,A. White, E. G. Macey, H. Muzzy, Win. Jessee, John A. Wakefield. Jones, then Postmaster of Westport, Missouri, Dunn A White E ae Wakefield Claiborne F. Jackson, and Mr. Steely, of Inde- (70) E. G. Macev, J. A. Wakefield. (71) J. M. Dunn, pndence, Mo. They were armed with double- J. C. Dunn, A. White. (72) E. G. Macey. (73) J. M. barreled guns, rifles, bowie-knives and pistols, Dunn, J. N. Mace, A. White, E. G. Macey, J. A. Wakeand had flags hoisted (66). They held a sort of field. (74) H. Burson, N. Ramsay. (75) J. C. Dunn. informal election, off at one side, at first for Gov- (76) H. Burson, N. Ramsay, J. W. Mace, J. C. Dunn, ernorofKansas, and shortly afterward announced A. White, E. G. Macey, H. Mtzzy, S. Jones, J. A. Thomas Johnson of Shawnee Missions, elected Wakefield (77)J. C. Dun, (78). Burson, N. Raisay. Th omas Johnson of Shawnee Missions, elected (79) H. Burson, N. Ramsay, J. C. Dunn, H. Muzzy, W. Governor (67). The polls had been opened but Jessee. (80) H. Burson, N. Ramsay, H. Muzzy. (81) H. Burson, N. Ramsay, J. N. Macey, H. Muzzy, W. Jes(59) S. N. Wood. (60) Gains Jenkins. (61) E. D. see, S. Jones, J. A. Wakefield. (82) H Burson, J. C. Ladd. (62) E. D. Ladd. (63) A. -B. Wade. (64) E. Dunn. (83) 11. Burson, N. Ramsay, J. C. Dunn, A. D. Ladd, Norman Alien, 0. W. Babcock, Charles Rob- White, H. Muzzy, Wm. Jessee. (84) H. Burson, Wn. inson, Lyman Allen, J. M. Banks. (65) James Whit- Jessee. (85) H. Burson. (86) H. Burson, J. M. Dunn, lock. (66) H. Burson, N. Ramsay, James M. Dunn, E.. Macey, Wm. Jessee. (87) H. Burson, N. RamAndrew White. or. E. G. Macey, H. Muzzy, Wm. Jes- say. (88) H. Burson, A. White, G. W. Umberger, Wia see, John A. Wakefield. (67) EG.. Macey. Jessee. 126 THE STRUGGLE FOR SLAVERY RESTRICTION. took him up behind him on a horse, and carried stroyed in his house (109), so that your Commithim back a prisoner (89). After Jones and his tee have been unable to institute a comparison party had taken Umberger back, they went to between the poll-lists and census returns of this the house of Mr. Ramsay and took Judge John district. The testimony, however, is uniform, A. Wakefield prisoner, and carried him to the that not even thirty of those who voted there place of election (90), and made him get up on that day were entitled to vote, leaving 311 illegal a wagon and make them a speech; after which votes. We are satisfied from the testimony that, they put a white ribbon in his button-hole and had the actual settlers alone voted, the Free let him go (91). They then chose two new State candidates would have been elected by a Judges, and proceeded with the election handsome majority. (92). 4 They also threatened to kill the Judges if they IIID DISTRICT-TEcuMSEH. didnotreceivetheirvoteswithoutswearing them, On the 28th of March, persons from Clay, or else resign (92). They said no man should Jackson, and Howard Counties, Mo., began to vote who would submit to be sworn-that they come into Tecumseh. in wagons, carriages and would kill any one who would offer to do so- on horseback, armed with guns, bowie-knives, "shoot him," "cut his guts out," etc. (93). They and revolvers; and, with threats, encamped close said no man should vote this day unless he voted by the town, and continued coming until the an open ticket, and was " all right on the goose, day of election (110). The night before the elec(94), and that if they could not vote by fair tion 200 men were sent for from the camp of means, they would by foul means (95). They Missourians at Lawrence (111). On the morning said they had as much right to vote, if they had of the election, before the polls were opened, some been in the Territory two minutes, as if they had 300 or 400 Missourians and others were collected in been there for two years, and they would vote the yard about the house of Thomas Stinson, where (96). Some of the citizens who were about the the election was to be held, armed with bowiewindow, but had not voted when the crowd of knives, revolvers, and clubs(112). Theysaidthey Missourians marched up there, upon attempting came to vote, and whip the damned Yankees, and to vote, were driven back by the mob, or driven would vote without being sworn (113). Some said off(97). One of them, Mr. J. M. Macey, was they came to have a fight and wanted one (114). asked if he would take the oath, and upon his re- Col. Samuel H. Woodson of Independence, Io., plying that he would if the judges required it, he was in the room of the Judges when they arrived, was dragged through the crowd away from the preparing poll-books and tally-lists, and remainpolls, amid cries of " Kill the d-d nigger thief," ed there during their attempts to organize (114). "Cut his throat," "Tear his heart out," etc. The room of the Judges was also filled by many of After they got him to the- outside of the crowd, the strangers (115). The Judges could not agree they stood around him with cocked revolvers and concerning the oath to be taken by themselves drawn bowlerknives, one man putting a knife to and the oath to be administered to the voters, his heart, so that it touched him, another holding Mr. Burress desiring to administer the oath prea cocked pistol to his ear, while another struck scribed by the Governor and the other two at him with a club (98). The Missourians said Judges opposing it (116). During this discussion they had a right to vote if they had been in the between the Judges, which lasted some time, the Territory but five minutes (99). Some said they crowd outside became excited and noisy, threathad been hired to come there and vote, and get ening and cursing Mr. Burgess, the Free-State a dollar a day, and, by G-d, they would vote or Judge (117). Persons were sent at different die there (100). times, by the crowd outside, into the room where They said the 30th day of March was an im- the Judges were, with threatening messages, esportant day, as Kansas would be made a Slave pecially against Mr. Burgess, and at last ten minState on that day (101). They began to leave in utes were given them to organize in or leave; and the direction of Missouri in the afternoon, after as the time passed, persons outside would call out they had voted (102), leaving some thirty or forty the number of minutes left, with threats against around the house where the election was held, Burgess, if he did not agree to organize (118). to guard the polls until after the election was At the end of that time, the Judges not being over (103). The citizens of the Territory were not able to organize, left the room and the crowd around, except those who took part in the mob proceeded to elect nine Judges and carry on the (104), and a large portion of them did not vote election (119). The Free-State men generally (105); 341 votes were polled there that day, of left the ground without voting, stating that there which but some thirtywere citizens (106). A pro- was no use in their voting there (120). The polls test against the election was made to the Gov- were so crowded during the first part of the day ernor (107). The returns of the election made to that the citizens could not get up to the window the- Governor were lost by the Committee of to vote (121). Threats were made against Elections of the Legislature at Pawnee (108). the Free-State men (122). In the afternoon the The duplicate returns left in the ballot-box were Rev. Mr. Gispatrick was attacked and driven off taken by F. E. Laley, one of the Judges elected by the mob. A man, by some called " Texas," by the Missourians, and were either lost or de- made a speech to the crowd urging them to vote and to remain on the ground until the polls were closed, for fear the abolitionists would come there (89) H. Burson, N. Ramsey, A. White, a. W. in the afternoon and overpower them, and thus Umberger, E. C. Macey, Wm. Jessee, J. A. Wakefield. (90) N. Ramsay, J. M. Dunn, A. White, E. G. Macey,they would lose all ther trouble. G. W. Umberger, Wm. Jessee, J. A. Wakefield. (91) For making an affidavit in a protest against this E. G. Macey, OC. W. Umberger, J. A. Wakefield. (92) F. Lahey. (92) J. C. Dunn, Wm. Jessee, J. Jones. (109) F. E. Laley. (110) W. A. M. Vaughan, M. J. J. (93) H. Burson, N. Ramsay, J. M. Dunn, J. N. Mace, Mitchell, John Long. (111) H. B. Burgess. (112) The A. White, E. G. Macey, W. Jessee. (94) N. Ramsay. Rev. H. B. Burgess, Charles Jordan, James Hickey. L. (95) H. Burson, N. Ramsay, J. M. Dunn. (96) J. M. O. Wilworth, D. H. Howe, J. M. Merrian, W. R. Dunn. (97) H. Burson, N. Ramsay. Wm. Jessee, J. N. Baggs, W. A M. Vaughn. (113) John Long, L. O. Macey. (98) J. N. Macey, H. Muzzy. (99) J. M. Dunn, Wilworth, George Holmes. (114) L. O. Wilworth. A. White, E.. Macey, J. A. Wakefield. (100)J. M. (115) A. W. Burgess. (116) H. B. Burgess, George Dunn, J. C. Dunn. A. White. (101) N. Ramsay. (102) Holmes. (117) H. B. Burgess, John Long, D. H. J. C. Dunn, A. White. (103) A. White. (104) H. Horne. (118) H. B. Burgess, Charles Jordan, H. D. Burson. (105) H. Burson. J. N. Mace, H. Muzzy, Wm. Horne. (119) H. B. Burgess, Charles Jordan, J. M. Jessee, J. A. Wakefield. (106) H. Burson. (107) Merrian, Geo. Holmes. (120) H. B. Burgess, C. Jor8. Jones, J. A. Wakefield. (108) Daniel Wood- dan, J. M. Merrian. (121) L. O. Wilworth. (122) C. man. Jordan. THE KANSAS-NEBRASKA STRUGGLE. 127 election, setting forth the facts, Mr. Burgess was the election, the polls for Bull Creek precinct indicted by the Grand Jury for peljury, which in- were opened, and, without swearing the Judges, dictment was found more than fifteen months ago, they proceeded to receive the votes of all who ofand is still pending, Mr. Burgess never having fered to vote. For thesake of appearancethey been informed who his accuser was or what was would get some one to come to the window and the testimony against him (123). A large ma- offer to vote, and when asked to be sworn he jority, four to one, of the actual settlers of that would pretend to grow angry at the Judges and district were Free-State men (124), and there would go away, and his name would be put down cannot be the least doubt, if none but the. as having offered to vote, but "rejected, refusactual settlers of the district had voted at that ing to be sworn." This arrangement was made election, that the Free-State candidate would previously and perfectly understood by the have been elected. The number of legal votes Judges (138). But few of the residents of the in the district, according to the census returns, district were present at the election, and only was 101. The total number of votes cast was thirteen voted (139). The number of votes cast 372, and of these but thirty-two are on the re- in the precinct was 393. turns, and from the testimony and records, we One Missourian voted for himself and then are satisfied that not over forty legal votes were voted for his little son, but 10 or 11 years old cast at that election. A body of armed Missou- (140). Col. Coffer, Henry Younger and Mr. Lyrians came into the district previous to the elec- kins, who were voted for and elected to the Letion, and encamped there (125). Before the time gislature, were residents of Missouri at the time arrived for opening the polls, the Missourians (141). Col. Coffer subsequently married in the went to another than the town appointed for the Territory. After the polls were closed the reelection; and one of the Judges appointed by the turns were made, and a man, claiming to be a Governor, and two chosen by the Missourians, magistrate, certified on them that he had sworn proceeded to open the polls and carry on the the Judges of Election before opening the polls election (126). The Missourians said none but (142). In the Potawatamie precinct the MissouPro-Slavery men should vote, and threatened to rians attended the election, and after threatening shoot any Free-State man who should come up Mr. Chesnut,,the only Judge present appointed to vote (127). Mr. Mockbee, one of the judges by the Governor, to induce him to resign, they elected by the Missourians, had a store near the proceeded to elect two other Judges-one a boundary fixed by the proclamation of the Missourian and the other a resident of another Governor, while he cultivated a farm in Missouri, precinct of that District. The polls were then where his family lived (128), and where his legal opened, and all the Misseurians were allowed to residence was then and is now. The Missourians vote without being sworn. also held a side-election for governor of the Terri- After the polls were closed, and the returns tory, voting forThomasJohnson of Shawnee Mis- made out for the signature of the Judges, Mr. sion (129). The Free-State men finding the polls Chesnut refused to sign them, as he did not conunder the control of the non-residents, refused to, sider them correct returns of legal voters. and did not, vote (130). They constituted a de- Col. Coffer, a resident of Missouri, but elected cided majority of the actual settlers (131). A to the Kansas Legislature from that District at petition signed by a majority of the residents of that election, endeavored with others to induce the district was sent to the Governor (132). The Mr. Chesnut by threats to sign the returns, whole number of voters in this district, accord- which he refused to do, and left the House. On ing to the census returns, was forty-seven; the his way home he was fired at by some Missounumber of votes cast was eighty, of whom but rians, though not injured (143). There were fifteen were residents, the number of residents three illegal to one legal vote given there that whose names are on the census-rolls, who did day (144). At the Big Layer precinct, the not vote, was thirty-two. Judges appointed by the Governor met at the For some days prior to the election, compa- time appointed, and proceeded to open the polls, nies of men were organized in Jackson, Cass, and after being duly sworn. After a few votes had Clay counties, Mo., for the purpose of coming to been received, a party of Missourians came into the Territory and voting in this Vth district the yard of the house where the election was (133). The day previous to the election, some held, and, unloading a wagon filled with arms, 400 or 500 Missourians, armed with guns, pistols, stacked their guns in the yard, and came up to and knives, came into the Territory and camped, the window and demanded to be admitted to some at Bull Creek, and others at Potawatamie vote. Two of the Judges decided to receive their Creek (134.) Their camps were about sixteen miles votes, whereupon the third Judge, Mr. J. M. Arapart. On theevening before the election, Judge thur, resigned, and another was chosen in his Hamilton of the Cass County Court, Mo., came place. Col. Young, a citizen of Missouri, but a from the Potawatamie Creek camp to Bull Creek candidate for, and elected to, the Territorial Lefor sixty more Missourians, as they had not gislative Council, was present and voted in enough there to render the election certain, and the precinct. He claimed that all Missourians aboutthatnumberwentdowntherewithhim (135). who were present on the day cf election were On the evening before the election, Dr. B. C. entitled to vote. But thirty or forty of the citiWestfall was elected to act as one of the Judges zens of the precinct were present, and many of of Election in the Bull Creek prechict, in place them did not vote (145). At the Little Sugar of one of the Judges appointed by the Governor, precinct, the election seemed to have been conwho, it was said, would not be there the next day ducted fairly, and there a Free-State majority (136). Dr. Westfall was at that time a citizen of was polled (146). From the testimony, the whole Jackson county, Mo. (137). On the morning of District appears to have beenlargely Free-State, and had none but actual settlers voted, the FreeState candidates would have been elected by a (123) H. B. Burges;. (124) H. B. Burgess. large majority. From a careful examination of (125) Perry Fuller, Peter Bassinger. (126) Perry Ful. the testimony and the records, we find that fi-om ler, Wm. Moore, J. F. Javens. (127) J. F. Javens. 200 to 225 legal votes were polled out of 885 (128) Wm. Moore, J. F. Javens, Thomas Mockbee. (129) Petry Fuller, William Moore. (130) Perry Ful ler, Wm. Moore, J. F. Javens, T. Mockbee. (131) Per- (138) Dr. B. C. Westfall. (139) J. W. Wilson. ry Fuller, Wm. Moore, J. F. Javens. (132) Perry Ful- (140) Dr. B. 0. Westfall, J. W. Wilson. (141) Dr. ler, J. F. Javens. (133) Dr. B. C. Westfall, Joseph I. B. C. Westfall, J. M. Gearhart. (142? Dr. B. C. Gearhrrt. (134) Dr. B.C. WestfallJesee W. Wilson, Westfall: (143) William Chestnut. (144) William J. M. Gearhart. (136) Dr. B. C. Westfall. (136) Dr. Chestnut. (146) James M. Arthur. (146) S. W. B. C. Westfall. (137) Dr. B. Weatfal, J. W. Wilson. Bonton. 128 THE STRUGGLE FOR SLAVERY RESTRICTION. the total number given in the precincts of the Lawrence, as they said they could be there be VthDistrict- Of the legal votes cast, the Free- fore night, and all went the way they came. State candidates received 152. The census-list shows 53 legal voters in the District. 253 votes were cast; of these 25 were resiVITH DISTRICT-FOiRT SCOTT. dents, 17 of whom were in the District when the A company of citizens from Missouri, mostly census was taken (150). Some of the residents from Bates County, cmlno into this District the present at the polls did not vote, declaring it useday before the election, some camping and others ss. Candidates declined to run on the Iree-State putting up at the public-house (147). They num- tick because they were unwilling to run the bered from 100 to 200 (148), and came in wag unul a constest it being lskown that and on horseback, carrying their provisions and a great many were coming up from Missouri to tents with them, and were generally armed with vote (151). Nearly all the settlers were F-reepistols. They declared their purpose to vote, and State men, and 23 of the 25 legal votes givel claimed the right to do so. They went to the ere cast for the oly ee-State candidate runpolls generally in small bodies, with tickets in ning. Mobiller McGee, who was declared elected their hands, and. many, if not all, voted. In Representative, had a claim-a saw-mill and a some cases they declared that they had voted, house in the Territory-and he was there part of and gave their reasons for so doing. Mr. An- the time. But his legal residence is now, and derson, a Pro-Slavery candidate for the Legisla- was then, near Westport, in Missouri, where he ture, endeavored to dissuade the non-residents owns and conducts a valuable farm, and where from voting, because he did not wish the election his family resides. contested (149). This person, however, insisted upon voting, and upon his right to vote, and did VII DTRI so. No one was challenged or sworn, and all This was attached to the VIIth District for a voted who desired to. Out of 350 votes cast, not member of the Council and a representative, over 100 were legal, and but 64 of these named and its vote was controlled by the illegal vote in the census taken one month before by Mr. cast there. The census shows 39 votes in it-37 Barber, the candidate for Council, voted. Many votes were cast, of whom a majority voted the of the Free-State men did not vote, but your Corn- Free-State ticket. mittee is satisfied that, of the legal votes cast. the Pro-Slavery candidates received a majority. IXTH DISTRICT. Mr. Anderson, one of these candidates, was an unmarried man, who came into the District Fort Riley and Pawnee are in this District. from Missouri a few days before the election, and The latter place was selected by the Governor boarded at the public-house until the day after as the temporary capital, and he designed there the election. He then took with him the poll- to expend the sums appropriated by Congress in lists, and did not return to Fort Scott until the the construction of suitable houses for the Leoccasion of a barbecue the week before the elec- gislature. A good deal of building was then tion of October 1, 1855. He voted at that lec- being done at the fort near by. For these reation, and after it left, and has not since been in sons a number of mechanics, mostly from Penn. the District. S. A. Williams, the other Pro- sylvania came into this district in March, 1855, Slavery candidate, at the time of the election had to seek employment. Some of these voted at the a claim in the Territory, but his legal residence election. The construction of the capital was was not there until after the election. first postponed, then abandoned, and finally the site of the town was declared by the Secretary VIITH DISTRICT. of War to be within the military reservation of Fort Riley. Some of the inhabitants returned From two to three hundred men, from the to the States, and some went to other parts of state of Missouri, came in wagons or on horse- Territo. Your Committee find t they oack to the election ground at Switzer's Creek, cae a settlers, intending to remain as such, in the VIIth District, and encamped near the and were entitled to vote (1-52). polls, on the day preceding the election. They were armed with pistols and other weapons, and XTH DISTRICT. declared their purpose to vote, in order to secure the election of Pro-Slavery members. They said In this district ten persons belonging to the they were disappointed in not finding more Yan- Wyandot tribe of Indians voted. Ihey were of kees there, and that they had brought more men that class who under the law were entitled to than were necessary to counterbalance their vote. vote, but their residence was in Wyandot VilA number of them wore badges of blue ribbon, lage, at the mouth of Kansas River, and they with a motto, and the company were under the had no right to vote in this district. They voted direction of leaders. They declared their inten- the Pro-Slavery ticket (153). Eleven men retion to conduct themselves peacefully, unless cently from Pennsylvania voted the Free-State the residents of the Territory atempted to stop Ticket. From the testimony, they had not, pt them from voting. Two of the Judges of Elec- the time of the election, so established their resition appointed by Governor Reeder, refused to dence as to have entitled them to vote (154). In serve, whereupon two others were appointed in both these classes of cases the judges examined their stead by the crowd of Missourians who the voters under oath and allowed them to vote, surrounded the polls. The newly-appointed and in all respects the election seems to have Judges refused to take the oath prescribed by been conducted fairly. The rejection of both Governor Reeder, but made one to suit them- would not have changed the result. This and selves. Andrew Johnson requested each voter to the VIIIth Election-District formed one represwear if he had a claim in the Territory, and sentative district, and was the only one to which if he had voted in another District. The Judges the invasion from Missouri did not extend. did not take the oath prescribed, but were sworn to receive all legal votes. The Missourians DTRT. voted without being sworn. They supported The IXth, Xth, and XIth and XIth ElectionH. J. Stickler for Council, and M. W. McGee for Districts, being all sparsely settled, were attached Representative. They left the evening of the election. Some of thelm started on horseback for (150) James A. Stewart, Mr. H. Rose. (.X51) Wm. F. Johnstone. (152) Anfrrew McConnell, R W. Wil (147) John IIamilton. (148) John Hamilton. E. B. son, A. H. Reeder. (153) M. A. Garrett, Jc4 ph Stew. Cook, F B. Arnett. (149) J. C. Anderson. art. (154) N. J. Osborn, Isaac HascalL THE KANSAS-NEBRASKA STRUGGLE. 129 together as a Council-District, and the XIth and Those persons voting who were sworn were askXLIth as a Representative District. This Elec- ed if they considered themselves residents of the tion-District is 60 miles north from Pawnee, and district, and if they said they did, they were al150 miles from Kansas City. it is the northwest lowed to vote (164). But few of the residents settlement in the Territory, and contained, when were present and voted (165), and the Free-State the census was taken, but 36 inhabitants, of men, as a general thing, did not vote (166). After whom 24 were voters. There was on the day of the Missourians got through voting, they returnelection no white settlement about Marysville, ed home (167). A formal return was made by the place of voting, for 40 miles, except that the judges of election setting out the facts, but it Marshall and Bishop kept a store and ferry at was not verified. The number of legal voters in the crossing of the Big Blue and the California this district was 96, of whom a majority were road (155). Your Committee were unable to Free-State men. Of these- voted. The total procure witnesses from this district. Persons number of votes cast was 296. who were present at the election were duly summoned by an officer, and among them was F. J. XIVTH DISTRICT. Marshall, the member of the House from that It was generally rumored in this district, for district. On his return the officer was arrested some days before the election, that the Missouriand detained, and persons bearing the names of ans were coming over to vote (168). Previousto some of the witnesses summoned were stopped the election, men from Missouri came into the near Lecompton, and did not appear before the district, and electioneered for the Pro-Slaver Committee. The returns show that, in defiance candidates (169a. Gen. David R. Atchison and of the Governor's proclamation, the voting was party controlled the nominations in one of the viva voce, instead of by ballot. 328 names ap-. pary ele tions (170). pear upon the poll-books, as voting, and by comparing these names with those on the censusrolls, we find that but seven of the latter voted. P CINCT. The person voted for as Representative, F. J. Several hundred Missourians from Buchanan, Marshall, was chief owner of the store at Marys- Platte, and Andrew Counties, Mo., including a ville, and was there sometimes (156), but his greatmanyoftheprominentcitizensofSt. Joseph, family lived in Weston. John Donaldson, the came into this precinct the day before, and on the candidate voted for for the Council, then lived day of election, in wagons and on horse, and enin Jackson County, Missouri (157). camped there (171). Arrangements were made for On the day after the election, Mr. Marshall, them to cross the ferry at St. Joseph free of exwith 25 or 30 men from Weston, Mo., was on the pense to themselves (172). They were armed way from Marysville, to the State. Some of the with bowie-knives and pistols, guns and rifles party told a witness who had formerly resided at (173). On the morning of the election, the FreeWeston, that they were up at Marysville and State candidates resigned in a body, on account carried the day for Missouri, and that they had of the presence of the large number of armed voted about 150 votes. Mr. Marshall paid the Missourians, at which the crowd cheered and bill at that point for the party. hurrahed (174). Gen. B. F. Stringfellow was There does not appear to have been any emi- present, and was prominent in promoting the gration into that district in March, 1855, after election of the Pro-Slavery ticket, as was also the census was taken, and judging from the best the Hon. Willard P. Hall, and others of the most test in the power of your Committee, there were prominent citizens of St. Joseph, Mo. (175). But but seven legal votes cast in the district, and one of the judges of election, appointed by the 321 illegal. governor, served on that day, and the crowd IITH DISTRICT. chose two others to supply the vacancies (176). IITH DISTRThe Missourians said they came there to vote The election in this district was conducted for, and secure the election of, Major Wm. P. fairly. No complaintwas made that illegal votes Richardson (177). Major Richardson, elected were cast. to the Council, had had a farm in Missouri, XIIITH DISTRICT. where his wife and daughter lived with his sonPrevious to the day of election, several hun- in-law, Willard P. Ha, he himself generally dreds of Missourians from Platte, Clay, Boone, gong home to Missouri every Saturday night. Clinton, and Howard counties, came into the The farm was generally known as the Richardson farm. He had a claim in the Territory upon district in wagons and on horseback, and camped son farm. He had a claim wh the Terrtory upon there (158). They were armed with guns, revolv- saw-ill, and where he generaly ers, and bowie-knives, and had badges of hemp remained during the week (178). in their button-holes and elsewhere about their So of the Missourians gave as their reason persons (159). They claimed to have a right to for voting that they had heard that eastern emi. persons (159). They claimed to have a right to n wer t be a ta e 19 tu vote, from the fact that they were there on the gran ere t e at election (179), though ground, and had, or intended to make, claims in eastern emigrants were there (180). Others the Territory although their families were in the issrito, alt h tr f s we in (164) R. Chandler. (165) J. B. Rass, Dr. J. Noble. Thesjudge apit b. th goero ope (166) J. B. Ross, Dr. J. Noble, R. Chandler, C. Hardh, The judges appointed by the governor opened. B. Tebbs. (167) J. B. Ross, Dr. J. Noble. (168) the polls, and some persons offered to vote, and B. Harding, John H. Whitehead, A. Larzelier. (169) when their votes were rejected on the ground Benj. Harding, Willard P. Hall, Dr. G. A. Cutler. that they were not residents of the district, the (170) Dr. G.. A. Cutler. (171) A. A. Jamieson, W. R. crowd threatened to tear the house down if the Richardson, Benj. Harding, J. H. Whitehead J. R. judges did not leave (161). The judges then Carter, A. Larzelier,Willard P. Hall, B. H. Brock, C. W. thwth them () Stewart, A. M. Mitchell, H S. Creel, G. W. Gillespie. withdrew, taking the poll-books with them (162). (172) L. Dillon, G. W. Gillespie. (1.73) A. A. JamieThe crowd then proceeded to select other persons son, Willard P. Hall, C. W. Stewart- (174) A. A. Jato act as Judges, and the election went on (163). mieson, W. P. Richardson. Benj. Harding, J. H. Whitehead, A. Larzelier, Willard P. Hall, J. P. Blair. (176) (155) Augustus Baker. (156) Augustus Baker. (157) A. A. Jamieson, W. P. Richardson, J. H. Whitehead. J. E. D'Aris. (158) J. B. Ross, W. H. Godwin. Dr. Willard P. Hall (176) A. A. Jamieson, Benjamin James Noble, T. A. Minard, Chas. Hardh. (159) J. B. Harding, J. H. Witehead, A. Larzelier, 0. Hulan. Ross, W. I. Godwin. (160) J. B. Ross, Dr. J. Noble. (177) A. A. Jaumieson, W. P. Hall. (178) A. A. Jamie(161) J. B. Ross, Chailes Hardh, A. B. Sharp. (162) ono, W. P. Richardson, W. P. Hall. (179) W. P. RichJ. B. Ross, C. Hardh. (163) J. B. Ross, W. H. Godwin, ardson, J. H. Whitehead, J. R. Carter, W. P. Hall, A. Dr. J. Noble, R. Chandler, T.A. Minard, C. Hardh, M. Mitchell, H S. Creel. (180) B. Harding, J. H. G. M. Dyer, 0. B. Tebbs. Whitehead, J. R. Carter, W. P. Hall. Q 1'30 THE STRUGGLE FOR SLAVERY RESTRICTION. said they were going to vote for the purpose ardson, the Pro-Slavery candidate for Council, of making Kansas a Slave State (181). threatened Dr. Cutler, the Free-State candidate, Some claimed that they had a right to vote, that if he contested the election he and his office under the provisions of the Kansas-Nebraska should be put in the Missouri River (200). bill, from the fact that they were present on the The number of votes in the district by the cenground on the day of election (18'2). sus was 334-of these 124 voted. The testimony The Free-State men generally did not vote shows that quite a number of persons whose (183), and those who did vote, voted generally legal residence was in the populous county of for John H. Whitehead, Pro-Slavery, for Coun- Buchanan, Mo., on the opposite side of the river, cil, against Major Wm. P. Richardson, and did had claims in the Territory. Some ranged cattle, not vote at all for members of the Lower House and others marked out their claim and built a (184). cabin, and sold this incipient title where they The parties were pretty nearly equally divided could. They were not residents of the Territory in the district, some being of opinion that the in any just or legal sense. A number of settlers Free-State party had a small majority (185), and moved into the district in the month of March. others that the Pro-Slavery party had a small Your Committee are satisfied, after a careful majority (186). After the election was over, analysis of the records and testimnony, that the and the polls were closed, the Missourians re- number of legal votes cast did not exceed 200turned home. During the day they had provi- out of 727. sions and liquor served out, free of expense to all (187). XVTH DISTRICT. DONIPHAN PRECINCT. The election in this district was held in the house of a Mr. Hayes. On the day of election a The evening before the election some 200 or crowd of from 400 to 500 men (201) collected more Missourians fronr Platte, Buchanan, Sa- around the polls, of which the great body were line, and Clay counties, Missouri, came into this citizens of Missouri. One of the Judges of Elecprecinct, with tents, music, wagons, and provi- tion, in his testimony (202), states that the stransions, and armed with guns, rifles, pistols, and gers commenced crowding around the polls, and bowie-knives, and encamped about two miles that then the residents left. Threats were made from the place of voting (188). They said they before and during the election day that there came to vote, to make Kansas a Slave State, should be no Free-State candidates, although and intended to return to Missouri after they there were nearly or quite as many Free-State had voted (189). as Pro-Slavery men resident in the district. On the morning of the election the Judges ap- Most of the crowd were driinking and carousing, pointed by the Governor would not serve, and cursing the Abolitionists and threatening the others were appointed by the crowd (190). The only Free-State Judge of Election. A majority Missourians were allowed to vote without being of those who voted wore hemp in their buttolsworn (191)-some of them voting as many as holes (203) and their pass-word was," all right on eight or nine times; changing their hats and the hemp." Many of the Missourians were coats and giving in different names each time known and are named by the witnesses. Several (192). After they had voted they returned to speeches were made by them at the polls, and Missouri (193). The Free-State men generally among those who spoke were Major Oliver, one did not vote (194), though constituting a majori- of your Committee, Col. Burns, and Lalan Wilty in the precinct (195). Upon counting the bal- liams of Platte County. Major Oliver urged uplots in the box and the names on the poll-lists, it on all present to use no harsh words, and exwas found that there were too many ballots (196), pressed the hope that nothing would be said or and one of the judges of election took out bal- done to harm the feelings of the most sensitive on lots enough to make the two numbers correspond the other side. lie gave some grounds, based on (197). the Missouri Compromise, in regard to the right of voting, and was understood to excuse the MisWOLF RIVER PRECINCT. sourians for voting. Your Committee are satisfied that he did not vote. Col. Burns recomBut few Missourians were present in this pre- mended all to vote, and he hoped none would go, cinct, though some of them threatened one of the home without voting. Some of the Pro-Slavery judges, because he refused to receive their votes, residents were much dissatisfied at the interferand when he resigned another was chosen in ence with their rights by the Missourians, and for hisplace, who consented to receive their votes that reason-because reflection convinced them (198). that it would be better to have Kansas a FreeProtests were drawn up against the elections State-they "fell over the fence" (204). The in the various precincts in the XIVth District, judges requested the voters to take an oath that but on account of threats that greater numbers they were actual residents. They objected at of Missourians would be at a new election should first, some saying they had a claim, or "I am it be called, and of personal violence to those here." But the Free-State Judge insisted upon who should take part in the protest, it was not the oath, and his associates, who at first were presented to the Governor (199). Major Rich- disposed to waive it, coincided with him, and the voters all took it after some grumbling. One (181) W. P. Hall, H. S. Creel. (182) B. H. Brock, C. said he cut him some poles and laid them in the W. Stewart, H. S. Creel. (183) A. A. Jamieon,. shape of a qure and that mad him a cl; Richardson, J. H. Whitehead, A. Larzelier, C. W.ti clim tewhardot, JH. Creel. (8) W P..Richardson, a. B. and another said that he had cut him a few sticks Whitehead. (185) A. A. Jamieson, B. Harding, A. of wood, and that made him a claim. The FreeLarzelier, C. W. Stewart. (186) S. P. Richardson, J. State men did not vote, although they believed H. Whitehead. W. P. Hall, Thos. W. Watterson, J. P. their numbers to be equal to the Pro-Slavery setBlair. (187) W. P. Richardson, G. W. Gillespie. (188) tlers, and some claimed that they had the majoriRichard Tuck, Eli Hamilton, John Lanidis, Luther ty. They were deterred by threats throughout Dickerson,J. W. Beattie, David Fizer. (189) R. Tuck, by the Missourians, before and on the day of L. Dickerson. J. W. Beattie. (190) it. Tuck, E. Hamilton, J. Landis.o (191) 1. Tuck, E. Hamilton, David election, from putting up candidates, and no canlizer. (192) R. Tuck. (193) R. Tack, E. Hamil- didates were run, for this reason-that there was ton, J. Landis, L. Lickerson. (194) John Landis. (195) R. luck. John Landis. (196) E. Hamilton, J. F. (200) Dr. G. A. Cutler. (201) J. B. Crane. (202) E. Foreman. (197 E. Hamilton. (198) Dr. G. A. Cutler. R. Zimmerman. (203) E. R. Zimmerman, Joseph (199) Dr. G.. ACutler, John Landis, A. A. Jamieson. Potter. (204) E. R. Zimmerman, THE KANSAS-NEBRASKA STRUGGLE. 131 a credited rumor previously that the Missourians And one of the members (218) of the Council, R. would control the election. The Free-State R. Rees, declared in his testimony that he who Judge was threatened with expulsion from the should put a different construction upon the law polls, and a young man thrust a pistol into the must be either a knave or a fool. window through which the votes were received. The Free-State men generally did not vote at The whole number of votes cast was 417; of the that election (219); and no newly-arrived Eastnames on the poll-book but 62 are in the census- ernemigrants were there (220). The Free-State rolls, and the testimony shows that a small por- Judge of Election refused to sign the returns untion, estimated by one witness at one-quarter of til the words "by lawful resident voters" were the legal voters, voted. Your Committee esti- stricken out, which was done, and the returns mate the number of legal voters at 80. One of made in that way (221). The election was conthe judges referred to, certified to the Governor tested, and a new election ordered by Gov. that the election was fairly conducted. It was Reeder for the 22d of May. not contested because no one would take the re- The testimony is divided as to the relative sponsibility of doing it, as it was not considered strength of parties in this district. The whole safe, and that if another election was had, the number of voters in the district, according to residents would fare no better. the census returns, was 385; and, according to a very carefully-prepared list of voters, preXVITH DISTRICT. pared for the Pro-Slavery candidates and other Pro-Slavery men, a few days previous to the For some time previous to the election, meet- election, there were 305 voters in the district, ings were held and arrangements made in Mis- including those who had claims but did not live souri to get up companies to come over to the on them (222). The whole number of votes cast Territory and vote (205), and the day before was 964. Of these named in the census 106 and on the day of election, large bodies of Mis- voted. Your Committee, upon careful examinasourians from Platte, Clay, Ray, Charlton, Car- tion, are satisfied that there were not over 150 rol, Clinton, and Saline Counties, Mo., came legal votes cast, leaving 814 illegal votes. into this district and camped there (206). They were armed with pistols and bowie-knives, and XVIITH DISTRICT. some with guns and rifles (207), and had badges The election in this district seems to have of hemp in their button-holes and elsewhere been fairly conducted, and not contested at all. about their persons (208). In this district the Pro-Slavery party had the On the morning of the election there were majority. from 1,000 to 1,400 persons present on the ground (209). Previous to the election, Missourians VIIITH DISTRICT. endeavored to persuade the two Free-State Previous to the election, Gen. David R. Atchijudges to resign by making threats of personal son of Platte City, Mo., got up a company of violence to them (210), one of whom resigned Missourians, and passing through Weston, Mo., on the morning of election, and the crowd chose (223) went over into the Territory. He reanother to fill his place (211). But one of the mained all night atthe house of -, and then judges, the Free-State judge, would take the exhibited his arms, of which he had an abundoath prescribed by the Governor, the other two ance. He proceeded to the Nemohaer (XVIIIth) deciding that they had no right to swear any District (224). On his way, he and his party atone who offered to vote, but that all on the tended a Nominating Convention in the XIVth ground were entitled to vote (212). The only District, and proposed and caused to be nominvotes refused were some Delaware Indians, ated a set of candidates in opposition to the some 30 Wyandot Indians being allowed to wishes of the Pro-Slavery residents of the disvote (213). trict (225). At that Convention he said that One of the Free-State candidates withdrew in there were 1,100 men coming over from Platte consequence of the presence of the Missourians, County, and if that wasn't enough they could amid cheering and acclamations by the Mis- send 5,000 more-that they came to vote, and sourians (214). During the day, the steamboat would vote or kill every G-d d-d Abolitionist New Lucy came down from Western Missouri, in the Territory (226). with a large number of Missourians on board, On the day of election, the Missourians under who voted and then returned on the boat (215). Atchison, who were encamped there, came up The Missourians gave as a reason for their to the polls in the XVIIIth District, taking the coming over to vote,that the North had tried to oath that they were residents of the district. force emigration into the Territory, and they The Missourians were all armed with pistols or wanted to counteract that movement (216). bowie-knives, and said there were 60 in their Some of the candidates and many of the Mis- company (227). But 17 votes given onthat day sourians took the ground that, under the Kan- were given by residents of the district (228). sas-Nebraska act, all who were on the ground The whole number of votes was 62. on the day of election were entitled to vote R. L. Kirk, one of the candidates, came into (217), and others, that laying out a town, stak- the district from Missouri about a week before ino a lot, or driving down stakes, even on an- the election, and boarded there (229). He left other man's claim, gave them a right to vote. after the election, and was not at the time a legal resident of the district in which he was elected. (205) H. Miles Moore, A. McAuley, L. Kerr. -206) No protest was sentto the Governor on account David Brown, T. A. Hart, G. F. Warren, R. R. Rees, A. of threats made against any who should dare to Russell, P. R. Orr. L. J. Eastin, A. Fisher. M. France, contest the election (230). The following tables H. M. Moore. (207) D. Brown, E. A. Hart, G. F. War- embody te result of the examintionofyour F. A. Hart, L. J. Eastin, M. France, W. H. Adams, tH. M. Moore. (209) F. A. Hart, T. A. Minard, G. F. of the districts it was impossible to ascertain Warren, R. R. Rees, A. J. Pattie, W. G. Matthias. (210) D. Brown, M. France. (211) 1). Brown, F. A. (218) D. Brown. T. A. Hart. (219) D. Brown, E. A. Hart, M. France. (212) M. France. (213) M. France. Minard, G. F Warren, F. A. Hart, M. France. H. M. (214) F. A. Hart, L. J. Farin, W. H. Adams. (215) D. Moore. (220) L. J. Eastin, M. France, W. H. Adams. Brown, F. A. IIart, T. A. Minard, G. F. Warren, R. R. (221) L. J. Eastin. M. France. W. H. Adams. (222) L. Rees, S. J. Bastin, A. T. Kyle, D. J. Johnson, M. J. Eastin, A. McAuley. (223) H. Niles Moore. (224) Franco, A. T. Pattie, H. M. Moore. (216) H. R. Rees, Dr. G. A. Cutler, Amer Greom. (225) Dr. G. A. L. J. Eastin, W H. Adams, H. M. Moore. (217) D. Cutler. (226) Dr. G. A. Cutler. (227) D. H. Baker, Brown, T. A. Minard, G. F. Warren, R. R. Rees, H. John Belew. (228) D. H. Baker, John Beiew. (229) M. Moore. John Belew, (230) Dr. G. A. Cutler. ABSTRACT OF ELECTION OF MARCH 30, 1855, BY COUNCIL DISTRICTS. 1 _~______________________________________ __ _ _ _ __ z 1 -' 1-z z 1ee i-z 1'- 1" 1"s 1^Z ~1-2 1.Z 1C II I Fll n il n ^ i 1: 1: ^ ^AB-TRAC:ell I o 3 0'L~~j. -~~ ~ ~- ~ ~ F0 CO C0~0 0 4 O MO 4 To 7 oo 2 8 1 6 Ed. C n 78 S. W. 2 SD a m a r~~~~~~~~~~~~~~~~~~~~~~~ a CS~~~~~~~~~~~~~~~~~ a 9= r~~~~~~~~~~~~~~Q =F 9: 5 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Probable Re~sult 19 50 T o 42 Joe ESTo n 16 59 59 3 ~ -~ C PRO-SLAVERY 3'2. O u- n (a PRECINCTS. F 0 P. M P 7 fosvsos' a~~~~~~~~~D c-. a C e E ChaNIDATES. OAN.Wd..... El 273 in vas ion 2 ^ ~ ~ ~ ~ 3 212 12 A.c9ad... 318 318~ J..aSi~.l 120 12 83 33'531 5 36 1~ tj Wrarc~s. ~p iTO WOnO c~~~~~~~~~l,-,Li c ".~ C ~oc 3dC ~ - 8 SN Wo o9 I HJSrcer.. 37AMeoad- 255 4 - 37 32 3'C C C.0C PD ~~~, t, j "" OP Ip C)~~~~~~~~~~~~~~~~~~~~~~~ElrC 1 Lawrenes -.- 369.4-. 5.ti.6 2 Thos. 2 W.Johnson... 780 JoelK. Goodwin. 254 1 10234 232 802 2 Free-State. 4 6 BllaCrenek.. ——.-. 412 44..Cfee... 7..Mri..- 9o o > I Ed. Cbapm,%n ----- 783 S N. Wood -------- 255r G 4 Chapman's —,- 47 ThosD Johbnson.. 78 Joel K. Goodwin... 2 80 15 65 0 Eda Chapman...... 78 S. N. Woodx. —. 2 -—' 2 17 50 Thos. Johnsong.. 42 Joel K. Goodwin. 16 59 59 316 827 5 Ed Chapman —-. 43 900 S. N.Wood. —.. — 16 273 10 1183 C D 2 2 212 212 1 A. cDonald- 5 —-- 18 318- J. A. Wakefieod-. 7 12 12 830 330 25 316 25 316 1 F > 3 3 lot 193 1 J. Strickler - 370 A. McDonald —---- 4 374 32 338 1 7 Titus's -—, -- 53 H. J. Strickler_ 211 W.. F. Johnson.. 23 234 25 209 10 Bg.... 39 H J. Strickler__. 17 598 - Rice.... 17 44 3 37 612 37 94 5~47 a 4 5 Bull Creek —-. —- 412 442 2 A. M. Coffee —.377.. Morris 90 David Lykins -.3-. 376 Jamesn P. Fox...... 9 393 13 330S Pottawatamie A. M. Coffee- 199 M. G. Morris 65 David LykRins - 23.. 199 James P. Fox. —--- 63 266 75 191 D Big Sugar Creek --- A. M. Coffee ------- 74 HM. G. Morris ------ 17 David Lykins_.. Gv-..- 74 James P. Fox. —---- 16 D1 32 59 Little Sugar Creek A. I. Coffee....... 31 1.. Morris...... 62 David Lykins ------ 34 680 James P. Fox —---- 70 156 17 855 855 105 225 630 2 Free-State. a" 5 6 253 253 1 Wi. Barbee.- 343 A343y 343 343 100 243 100 243 Pro-Slavery. g P 6 9 36 201 1 John Donaldson... 23 31. F. Conway. —---- 50 2 75 75 10 Big Blue- - 63 John Donaldson... 27 M. F. Conway.._-_. 42 69 48 21 V1 Rock Creek-_-. John Donaldson -. 2 M. F. Conway.... 21 23 23.. _ - 11 Marysville --------- 24 John Donaldson- 328 M. F. Conway 3 331 7 324 C N 12 Silver Lake —-- - 78 John Donaldson - 12 M. F. Conway 19 31 31 7 a o St. John Deonaldson.. — 4 396 M. F. Conway-.... 7 140 11 568 16 195 345 1 Free-State. 7 14 Wolf River ------— 219 247 1 John W. Foreman.. 74 72 2 N Doniphan -------- John W. Foreman.. 343 186 M Pro-Slaver 18 28 John W. Foreman 61 478 478 17 45 275 207 9 14 Burr Oak —------— 215 215 1 Wi. P. Richardson 234 234 Jno. W. Whitehead 68 68 302 302 140 166 140 166 Doubtful. 9 15 208 208 1 D. A. M. G-xrover.... 411 411 1 412 412 80 332 80 312 Pro-Slavery. 10 13 83 468 2 R. R Reese....... 233 B. R. Twombly. —-- 6 L. J. Eastin.. -.__. 233 A. J. Whitney 6 242 12 230 1 hubtful. 16 385 R. R. Rec-se. ------- 896 P. H1. Twoinbly --- 00 L. J. Eastin....... 893 1129 A. J. Whituey. 59 66 964 1206 150 814 162 1044 0 __2905 1 3 _ 5487 _ 861 35 __ 6280 9D l ins - D o (a~'~fD - an D t * ~a0 17 S h w e M s o - ^50 A. S.S Jo n -4 12 A. F.Jr P l 19 3 9 197 6 2 1Lawrence - 369 389 3 James W LAYitock. 5... 780 J. Hutchinson2 C5.2. 17loomianeegtMissiaon~.. 5A.S.Jo......-. 430 120 A..P l.. 1 9197 6 J.M.CBanks.-. -. 781 E. D. CLadd - 3 2 3 2 Bloomington-.........- 212 212 2 G.W. Ward —..-. 318 Isaac Davis1... r I ^ ^^ - ^ M.W.Mc.ee.......... 12 22 kr":::.: 1 49 ^ 271 25 209 1 O.. Bull........... 312 11 31 3. 2as 3....1 2........6 9 I1 252 1 1 4Alicene- - 0 10Wi.lkirnsdale... 36 6 C. K.a Holli.....4.1.3. 7 3 Council Grove - 39 M. W.cmee - 12 222H.ice -o - 23 234 s-4 6' 6' F o rt S c o tt - 2 5 3 2 5 3 2 J o se p hy C.o n de r. o........ 3 15 J h H a io n - -.5.3 7 6 2 2 0 17 Shawnee C k22Mission - 44 A. A. Johna- -: Fe rPell — - 0 2 5 0 19 Allen Wilkinsonk. — 3750.. Adam Pore-22.......... 5 Henry Younger-.... 1 8.. ouser —1034 1034 232 302 232 2 3 2ABloomington —-2 llenW Wilkinson - -- 98 Adam vs-.... 1Pr25 Henry Younger..- -198 74 P..o r... H. - - 1 316 25 316 Lig eSugarCreek.SmelS-o —-----— 9 () WCK.Jlins - - 64 4 1 370 370 32 338 32 338 1 0 7 J. —B. Titus's —-— 2. A. Hsee2 Jo Saer- 17 Allen Wilkinson-.-. 74... 2 A cdam Poe............. 2 8 Council Grove.... 39 M.W. McGee -- 12 222 A. J. Heuer — - 1 6 6 Fort Scott ------------- 253 253 2 Joseph C. Anderson ---- 315 John Hamilton........ 35 37 62 209 S.Aiell So ------ 7 4313 73154 Wi. rgraves -- 16 35 350 350 Bull greek............ 442 4 W. A. Haskell........ -377 John Serpell - -......... 9 Allen Wilkinsonl —-- 32 35 ) Adam PoreP.62.(1... 9 H Henry Younger-........ 375 S. i. Houser.......... Samuel.......__. -_ 37 Potawatamie Rreekuss. ell Gart -- 2 41 5.. JHoust - -21 9 7 (393) 13 380 1 1 R.aaaKieCreek-..... Win... Kirke.2 John Serpell.......... 61 Allen Wilkinson....... 198 JAdam Pore............ S18 1 )WNemaha - 28..... J e nString felw..... 8.. t ler:- 66 (266) H enry Younger......... 7 C W. A. Haskell - 33 John Serpellandis - 13 54 6 62 Allen Wilkinson ------- 32 (35) Adam Pore 305-140-166Henry Younger.-B.C.. H i s. 41. Houser.......... H co..... D. Mareekn — 89 SaulFrne 5 S.Mr_ -----— rJ.Mrhl....__PMcany....5_ A694 4855 855 104 5 814 1 RPawnee~~~. LD. KirH —------- 5ouLaniso Rock Creekn............ StRuello r.......31 G.A. Hutonr......... Joel Ryn ----------- 21 120 6 34 16 7 186 16 Silver Lake............. 72 T... arshall ------- 2.58 258... 140 166 140 1' 10 13 Ilickrory Point -,.~H MS........ 59 83 w e~ 134 THE STRUGGLE FOR SLAVERY RESTRICTION. ABSTRACT OF CENSUS, AND RETURNS OF ELECTION OF MARCH 30, 1855, BY ELECTION DISTRICTS. I nj rGq ~s3:G Census. cl. RH'e. 48 Dr.. ~.s. 4 0! i o'0 o o o a r- -'0 (,. 5,,?? 6 Fot Sott —---------- 1.... 0 2 7 PLacET OF Vom-. - 21 I - 2 2 2 1 8 5 1 1 Lawrence. -............- - 781 253 - 1034 232 802 962 369 1 2 2 3 2 Bloomington........... 38 12 11 341 37 316 19 199 2 1 3 2 3 Stinson's, orTecumseh... 366 4 2 372 32 338 252 101 3 1 4 4 1 4 Dr. Chapman's..-....-. 78 2 - 80 15 65 177 471 - 1 1 FBull Creek.... ----- ----- 377 9 - 386 13 380 -. Potawatamie -.. — 199 65 - 264 75 191 -- - Big SugaryCreek -------- 74 17 7 98 32 59 1407 442 4 2 - 7 4 Little Sugar Creek-........ 34 70 - 104 104 ~ ~ ~ ~ 6 Fort Scott —.. —----- 316 35 3500 10 810 253 5 1 6 2 7 Isaac B.Titus...-..... 211 23 1 - 234 25 209 118 68 3 - 5 1 8 Council G.rove....... - - 17 17 3 37 37 - 83 39 31 — 5 9 Pawnee --—.... —..- 23 52 1 75 75 - 86 36 6 1 8 1 10 Big Blue-............ 27 42 -- 69 48 21 151 63 10 - 8 H Rock Creek. - ------- 2 21- 23 23 8 - 8 tDuniphan -—. —-- 30 3 346 - - 7 1 1-I 14 WolfCre...... 7.15 6 1820..0 580 11 2 7 1321 2 9 1 Burr-Od in the census-roak s, eight hundred's........ 256 2 would ave eleced ree Pro-Slavery12 thirty-on16 Leavenw a ore found on th.........964 150 814 1183 38510poll-boos. f brs. 17the settlers were preven ted from attending the Under like circumstances the ouse of ep18 Moonesdown -........4 14 ~ 62 17 45 99 2807 1 ~ - - pen avowal that large bodi of aed Missou-92 6State, elected from 50the1 2892 Id 13 2IVth, Vth, ourld be aCommittee report t he following facts IIth, Vt h,and VIth, council-districts. Theresuntativenot shown by es deterred Free-State T t hes in the, and Xth, electing three members, Of the twenty-nine hundred and fivn others induced the candivoters would have been doubtful, and the Vth, Vllth, named in the ensus-rolls, eight hundred and and IXth wou ld ha ve elected seve P ro-y thirty-on e ar e f ound on IIthe poll-books.districts Some of membery embers. the settlers were prevented from attndin g the Under like circum stances the House of Repelecdistriance of thirt-eir h omes from the resentaives would have-district, been composed of fourpolls; butthegndreat majority w ere degal votered by the voteen members in favor of makthem, insas a Free open avowal that large bodies of armed Missou- State, elected from the lid, lIld, IVth, Vth, riahens would be at th e namolls to vote, and by the ousth, dith, IXth, and Xth representativeract that they did so apte in whiearch and were ncot inhabitants rol the districts. ion.e same obligcauses deterred the Fresent it, after excludingState The result in the XIIth and XIVth repquiresentasettlers from running candidates in several dis- tive-districts, electing five members, would have ric and in otes induedaves the candidates to been d oubtful, and t he st,ganic law Bthat, Xlth, and withdraw. XVth districts would have elected seven ProThe poll-books of the lid and Viscrepancyth dis tr ue intent and eanin of this cts lavembers. were lost; but the proof is quit, the clar that, in the By the election, as conducted, the Prolid district,lersbefor there ere thirty, a nd in the Vlth Slavery candidates in every dist rict but the district thirty-eight legal votes, making a total VIlIth representative-district, received amajority of eigh t hundred and nor setight legal voters o of the votway, subject to the m, in both the the Territory, whose names are on the census- Council and the House, did not "reside in" returns, a nd yet the Ter proof in the e state in which and were not "inhabitants of" the dri ct rfor wing the eoblig e d to p resentit, after exicts, thereby wsovereign elected, as required by the orgal votes, leaves the total vote of 1,310, sho wing ganiclaw. By th at act it was declared to be a discrepancy of 412. The discrepancy is ac- the true intent and meaning of this act to leave counte d for in two ways: the coming in the people thereof perfectly free to form and of settlers before the March election, had been confined to the actual nd yeafter so careulate their domestic institutions in their the census was taken, or settlers who were omit- own way, subject to the Constitution of the settlers undeterred byin the presece of non-resi- thus; or seorce andlyaud overthe disturbed United States. state of the Territory wledg we that thwere invstigat- So careful was Congress of the right of popular ing the elections numbers siioment t odistricts, themreby sovereignty, that to secure it to the people, preventing us from getting testimony in relation without a single petition from any portion of the the testimony indicates tat the council would lic and othe names of legal voters at the Contime of elec- country, ainst tion. Slavery imposed by the Mis souri Co mpromise. If th e election had been confined to the actual And yet this rieght, so carefully secured, was settlers undeterred by the presence of non-resi- thus by force and fraud overthrown by a portion dents, or the knowledge that they would be of the people of an adjoining State. present in numbers sufficient to out-vote them, The striking difference between this Repubthe testimony indicates that the council would lie and other Republics on this Continent, is not have been composed of seven in favor of making in the provisions of Constitutions and laws, Kansas a Free State, elected from the 1st, lid, but that here changes in the administration of THE KANSAS-NEBRASKA STRUGGLE. 135 those laws have been made peacefully and quietly Although the fraud and force in other districts through the ballot-box. This invasion is the first were equally great as in these, yet as the Govand only one in the history of our Government, ernor had no information in regard to them, he by which an organized force from one State has issued certificates according to the returns. elected a Legislature for another State or Terri- Your Committee here felt it to be their duty tory, and as such it should have been resisted not only to inquire into and collect evidence in by the whole executive power of the National regard to force and fraud attempted and pracGovernment. ticed at the elections in the Territory, but also Your Committee are of the opinion that the into the facts and pretexts by which this force Constitution and laws of the United States have and fraud has been excused and justified; and invested the President and Governor of the Ter- for this purpose, your Committee have allowed ritory with ample power for this purpose. They the declarations of non-resident voters to be could only act after receiving authentic informa- given as evidence in their own behalf, also the tion of the facts, but when received, whether be- declarations of all who came up the Missouri fore or after the certificates of election were River as emigrants in March, 1855, whether they granted, this power should have been exercised voted or not, and whether they came into the to its fullest extent. It is not to be tolerated Territory at all or not; and also the rumors that a legislative body thus selected should as- which were circulated among the people of Missume or exercise any legislative functions; and souri previous to the election. The great body their enactments should be regarded as null and of the testimony taken at the instance of the sitvoid; nor should the question of its legal exist- ting Delegate is of this character. ence as a legislative body be determined by When the declarations of parties passing up the itself, as that would be allowing the criminal to river were offered in evidence, your Committee judge of his own crime. In section twenty-two received them upon the distinct statement that of the organic act it is provided, that "the per- they would be excluded unless the persons maksons having the highest number of legal votes ing the declarations were by other proof shown in each of said Council-districts for members to have been connected with the elections. This of the Council, shall be declared by the Gov- proof was not made, and therefore much of this ernor to be duly elected to the Council, and class of testimony is incompetent by the rules of the persons having the highest number of le- law, but is allowed to remain as tending to show gal votes for the House of Representatives, the cause of the action of the citizens of Missouri. shall be declared by the Governor duly elected The alleged causes of the invasion of March, members of said House." The proclamation 1855, are included in the following charges: of the Governor required a verified notice of a I. That the New-England Aid Society of Boscontest when one was made, to be filed with ton was then importing into the Territory large him within four days after the election. Within numbers of men merely for the purpose of controlthat time he did not obtain information as to ling the elections. That they came without woforce or fraud in any except the following dis- men, children, or baggage, went into the Territricts, and in these there were material defects tory, voted, and returned again. in the returns of election. Without deciding II. That men were hired in the Eastern or upon his power to set aside elections for force Northern States, or induced to go into the Terriand fraud, they were set aside for the following tory solely to vote, and not to settle, and by so reasons: doing to make it a Free State. In the Ist district, because the words " by III. That the Governor of the Territory purlawful resident voters," were stricken from the posely postponed the day of election to allow return. this emigration to arrive, and notified the EmiIn the lid district, because the oath was ad- grant Aid Society, and persons in the Eastern ministered by G. W. Taylor, who was not au- States, of the day of election, before he gave thorized to administer an oath. notice to the people of Missouri and the rerIn the 1Id district, because material erasures ritory. from the printed form of the oath were pur- That these charges were industriously circuposely made. lated; that grossly exaggerated statements were In the IVth district for the same reason. made in regard to them; that the newspaper In the VIIth district, because the Judges press and leading men in public meetings in were not sworn at all. western Missouri, aided in one case by a ChapIn the XIth district, because the returns show lain of the United States Army, gave currency the election to have been held viva voce instead and credit to them, and thus excited the people, of by ballot. and induced many well-meaning citizens of MisIn the XVIth district, because the words " by souri to march into the Territory to meet and repel lawful residence" were stricken from the re- the alleged Eastern paupers and Abolitionists, is turns. fully proven by many witnesses. ABSTRACT OF THE RETURNS OF ELECTION But these charges are not sustained by the ABSTRACT OF THE RETURNS OF ELECTION proof. OF MAY 22, 1855. In April, 1854, the General Assembly of Mas~~~~_________________-~ sachusetts passed an act entitled " An act to in~~o p? I?[ $< corporate the Massachusetts Emigrant Aid SoQO t~~~o a C' ciety." The object of the Society as declared in ^ ~ ^ S. ~ s. the first section of this act, was " for the purpose PLACES OF VOTIN C S of assisting emigrants to settle in the West.". PLACSOFOTIN.: I The moneyed capital of the corporation was not ~' t^ o: to exceed five millions of dollars; but no more C DP I: than four per cent. could be assessed during the!\:.. year 1854, and no more than ten per cent. in any._~ _ ~ ~ ~ ~ ~ - ~ ~ ~ one year thereafter. No organization was per1 Lawrence 288 18 3S6 fected, or proceedings had, under this law. 2 Douglas --—... ------- 127 127 On the 24th day of July, 1854, certain persons 3 Stinson's........ —-. —-— _ 148 1 149 3 Stinson's" ---- ---- 1 1_ 14 in Boston, Massachusetts, concluded articles of 8 Council Gro-ve... —------- - 33 - 33 agreement and association for an Emigrant Aid 16 Leavenworth -.........560 140 15 715 Society. The purpose of this association was de_ _ ~ dclared to be " assisting emigrants to settle in the Total.... 5601 802 47 1409 West." Under these articles of association, each 136 THE STRUGGLE FOR SLAVERY RESTRICTION. stockholder was individually liable. To avoid the usual extra freight (234). Each passenger this difficulty, an application was made to the or party paid his or their own expenses; and General Assembly of Massachusetts for an act or the only benefit they derived from the Society, incorporation, which was granted. On the 21st not shared by all the people of the Territory, day of February, 1855, an act was passed to in- was the reduction of about $7 in the price of the corporate the New England Emigrant Aid Com- fare, the convenience of traveling in a company pany. The purposes of this act were declared instead of alone, and the cheapness and facility to be " directing emigration westward, and aid- of transporting their freight through regular ing and providing accommodation for the emi- agents. Subsequently, many emigrants, being grants after arriving at their place of destina- either disappointed with the country or its polition." The capital stock of the corporation was tical condition, or deceived by the statements not to exceed one million of dollars. Under this made by the newspapers and by the agents of charter a company was organized. the Society, became dissatisfied, and returned, Your Committee have examined some both before and after the election, to their old of its officers and a portion of its circulars homes. Most of them are now settlers in the and records to ascertain what has been Territory (235). Some few voted at the election done by it. The public attention, at that time, in Lawrence (235), but the number was small. was directed to the Territory of Kansas, and The names of these emigrants have been asceremigration naturally tended in that direction. tained, and ~ of them were found upon To ascertain its character and resources, this the poll-books. This company of peaceful emiCompany sent its agent into it, and the informa- grants, moving with their household goods, was tion thus obtained was published. The Com- distorted into an invading horde of pauper Abopany made arrangements with various lines of litionists, who were, with others of a similar ransportation to reduce the expense of emigra- character, to control the domestic institutions tion into the Territory, and procured tickets at of the Territory, and then overturn those of a the reduced rates. Applications were made to neighboring powerful State. the Company by persons desiring to emigrate, In regard to the second charge: There is no and when they were numerous enough to form a proof that any man was either hired or induced party of convenient size, tickets were sold to to come into the Territory from any Free State, them at the reduced rates. An agent acquainted merely to vote. The entire emigration in March with the route was selected to accompany them. 1855, is estimated at 500 persons (236),including Their baggage was checked, and all trouble and men, women, and children. They came on steamdanger of loss to the emigrant in this way avoid- boats up the Missouri River, in the ordinary ed. course of emigration. Many returned for causes Under these arrangements, companies went similar to those before stated; but the body of into the Territory in the Fall of 1854, under the them are now residents. The only persons of articles of association referred to. The compa- those who were connected by proof with the ny did not pay any portion of the fare, or furnish election, were some who voted at the Big Blue any personal or real property to the emigrant. Precinct in the Xth District, and at Pawnee in The company during 1855 sent into the Territory the IXth District. Their purpose and character from eight to ten saw-mills, purchased one hotel are stated in a former part of this report. in Kansas City, which they subsequently sold, The third charge is entirely groundless. The built one hotel at Lawrence, and owned one other organic law requires the Governor to cause an building in that place. In some cases, to induce enumeration of the inhabitants and legal voters them to make improvements, town lots were to be made, and that he apportion the members given to them by town associations in this Ter- of the Council and House according to this enuritory. They held no property of any other kind meration. For reasons stated by persons enor description. They imposed no condition upon gaged in taking the census, it was not completed their emigrants and did not inquire into their po- until the early part of March, 1855 (237). At that litical, religious, or social opinions. The total time the day of holding the election had not been, amount expended by them, including the salaries and could not have been, named by the Governor. of their agents and officers, and the expenses in- As soon as practicable after the returns were cident to all organizations, was less than $100,- brought in, he issued his proclamation for an 000. election, and named the earliest day consistent Their purposes, as far as your Committee can with due notice, as the day of election. The day ascertain, were lawful, and contributed to sup- on which the election was to be held, was a matply those wants most experienced in the settle- ter of conjecture all over the country; but it ment of a new country. was generally known that it would be in the The only persons or company who emigrated latter part of March. The precise day was not into the Territory under the auspices of the Emi- known by any one until the proclamation issued. grant Aid Society in 1855, prior to the election It was not known to the agents of the Emigrant m March, was a party of 159 persons who came Aid Society in Boston on the 13th of March, 1855, under the charge of Charles Robinson (231). when the party of emigrants, before referred to, In this party there were 67 women and chil- left (238). dren (232). They came as actual settlers, intend- Your Committee are satisfied that these charges ing to make their homes in the Territory, and were made the mere pretext to induce an armed for no other purpose (233). They had about their invasion into the Territory, as a means to control persons but little baggage; usually sufficient the election and establish Slavery there. clothing in a carpet-sack for a short time. Their The real purpose is avowed and illustrated by personal effects, such as clothing, furniture, etc., the testimony and conduct of Col. John Scott, of was put into trunks and boxes; and for conve- St. Joseph's, Missouri, who acted as the attorney nience in selecting and cheapness in transport- for the sitting delegate before your Committee. ing, was marked " Kansas party baggage, care The following are extracts from his deposition: B. Slater, St. Louis." Generally this was consigned as freight, in the usual way, to the care "Prior to the election in Burr-Oak precinct, in the of a commission merchant. This party had, in XIVth district, on ihe 29ih of November, 1854, I had addition to the usual allowance of one hundred bee a resident of Missouri, and I then determined, pounds to each passenger, a large quantity of if I found it necessary, to become a resident of Kansas baggage on which the respective owners paid aggage on which the respective owner (234)B. Slater and F. A. Hunt. (235) Charles Robin. son, Samuel C. Smith. (236) W. H. Chick; Mr. Rid(231) Benj. Slater, Charles Robinson, F. A. Hunt dlerbutger. (237) Wm. Barbour. (238)CharlesRob(232) Charles Robinson. (233) Samuel C. Smith. ioson. THE KANSAS-NEBRASKA STRUGGLE. 137 Territory. On the day previous to that election, I terized as a disturbance of the peace and quiet settled up my board at my boardilg-hu.se, in St. of the community, and as'"circulating incenJoseph's, Missouri, and went over to the Territory, diary sentiments." They say "to the peculiar and took boarding with AMr. Bryant. near whose house fr of northern fnatics, "o home and do the polls were hell the next day, for oue month, so that I might have it in my power, by merely deter- your treason where you may find sympathy. mining to do so, to become a resident of the Territory Among other resolves, is the following: on the da of election.' Resolved. That the iustitution of Slavery is known "When my name was proposed as a Judge of Elec- and recognized in this Territory; that we repel the tion. ohjections were made by two persons nly. * * * doctrine that it is a moral and political evil, and we I then puhlicly informed those present. that I had a hurl back with scorn upon it. slanderous authors the claim in the Territory; that I had taken board in the charge of inhumanity; and we warn all persons not to.1ertitory for a month, and that I could, at any mo- come to our paceful firesides to slander us, and bow ment, become an actual resident and I.gal voter in the the seeds of discord between the master and the servTerl it ry. and that I would do so, if I concluded at ant; for, as much as we deprecate the necessity to any time during the daythat my vote woo d be neces- which we may be driven, we cannot be responsible for sary to carry that precinct in favor of the Pro-Slavery the consequences." candidate for delegate to Congress. * * * * I did.. not during the day consider it necessary to become a A Committee of Vigilance of 30 men was apresident of the Territory for the purpose mentioned, pointed, "to observe and report all such persons and did not vote or offer to vote at that election. as shall, * * * * by the expression of Abolition "I held the office of City-Attorney for St. Joseph's sentiments, produce disturbance to the quiet of at that lime, and had held it for two or three years the citizens, or danger to their domestic relareviouly, and continued to hold it until this spring. tions; and all such persons so offending shall be * I voted at an election in St. Jo; ph's, in the notified, and made to leave the Territory." spring elf t15, and was re-appointed City-Attorney. The meeting was "ably and adhe question of Slavery was put in issue at the election meeting was "ably and eloquently adof November, 1854. to the same extent as in every elec- dressed by Judge Lecompte, Col. J. N. Burns tion in this TerritoryL G-n Whitfield was regarded of Western Missouri, and others." Thus the head as the Pro-Slavery candidate for the Pro-Slavery of the Judiciary in the Territory, not only assistparty. I regarded the question of Slavery as the pri- ed at a public and bitterly partisan meeting marily prominent issue at that election, and. so far as whose direct tendency was to produce violence I kniw, all parties agreed in making that question the and disorder, but before any law is passed in the issue of that election. I iss my iatention, and the intention of a graTerritory, he prejudges the character of the domany other Mtssouu inns now resident in Missouri, mestic institutions, which the people of the Terwhenever the Slavery issue is to he determined upon by ritory were, by their organic law, "'left perfectly the people of this Territory in the adoption of the State free to form and regulate in their own way."' Constitution, to remove to this Territory in time to ac- On this Committee were several of those who guire the right to become legal voters upon that question. held certificates of election as members of the The te ding purpose of our intended removal to the Legislature; some of the others were then and Territory is to determine the domestic institutions f still are residents of issouri; andmany of the this T7eritory, when it comes to he a State, and we of Missouri; and many of the would,iot come but for that purpose, and would never Committee have since been appointed to the think of coming here but for that purpose. I believe leading offices in the Territory, one of which is there are a great many in Missouri w4o are sosituated." the Sheriffalty of the County. Their first act was that of mobbing Phillips. The invasion of March 30th left both parties in S equnt on the 25th f May, A. D. 1855 a state of excitement, tending directly to produce a public meeting was held, at which k R, Rees violence. The successful party was lawless and a member elect of the Council, presided (240). reckless, while assuming the name of the "Law The following resolutions, offered by Judge and Order" party. The other party, at first sur- ayne, a member elect of the House, were unaprised and confounded, was greatly irritated, and nimously adopted: some resolved to prevent the success of the inva- sion. In some Districts, as before stated, protests Resolved, That we heartily indorse the action of ion. some Districts, as before stated, protests the committee of citizens that shaved, tarred, and were sent to the Governor; in others, this was feathered, rode on a rail, and had sold by a negro, Wm. prevented by threats; in others, by the want of Phillips, the moral perjurer. time, only four days being allowed by the pro- " Resolved, That we return our thanks to the comclamation for this purpose; and in others, by the mittee for faithfully performing the trust enjoined belief that a new election would bring a new in- upon them by the Pro-Slavery party. vasion. About the same time, all classes of men' Resolved, That the committee be now discharged. commenced bearing deadly weapons about the " Resolved, That we severely condemn those Properson, a ractice which as continued to this S lavery men who, from mercenary motives, are callperson, a practice w n len nas conting upon the Pro-Slavery party to submit without time. Under these circumstances, a slight or further action. accidental quarrel produced unusual violence, "Resolved, That in order to secure peace and harand lawless acts became frequent. This.evil mony to the community, we now solemnly declare that condition ofthepublic mind was further increased the Pro-Slavery party will stand firmly by and carry by acts of violence in Western Missouri, where, out the resolutions reported by the committee apin April, a newspaper press called The Parkville pointed for that purpose on the memorable 30th." Luminary was destroyed by a mob. The act of moral perjury here referred to, is About the same time, Malcolm Clark assaulted the swearing by Phillips to a truthful protest in Cole McCrea, at a squatter meeting in Leaven- regard to the election of March 30, in the XVIth worth, and was shot by McCrea, in alleged self- District. defense. The members receiving their certificates of On the 17th day of May, William Phillips, a the Governor as members of the General Aslawyer of Leavenworth, was first notified to leave, sembly of the Territory, met at Pawnee, the and upon his refusal, was forcibly seized, taken place appointed by the Governor, on the 2d of across the river, and carried several miles into July, A. D. 1855. Their proceedings are stated Missouri, and then tarred and feathered, and one in three printed books, herewith submitted, ensid9 of his head shaved, and other gross indigni- titled respectively, "The Statutes of the Territies put upon his person. tory of Kansas;" " The Journal of the Council Previous to the outrage a public meeting was of the Territory of Kansas;" and " The Journal held (239), at which resolutions were unanimously of the House of Representatives of the Territory passed, looking to unlawful violence, and grossly of Kansas." intolerant in their character. The right of free Your Committee do not regard their enact speech upon the subject of Slavery was charac- ments as valid laws. A Legislature thus im (239) A. Payne. (240) R. Rees. r38 ~THE STRUGGLE FOR SLAVERY RE3TRICTION. posed upon a people, cannot affect their political al tax, shall be a qualified elector for all electrights. Such an attempt to do so, if successful, ive offices (251)." ITwo classes of persons were is virtually an overthrow of the organic law, and thus excluded who by the organic act were alreduces the people of the Territory to the condi- lowed to vote, viz.: those who would not swear tion of vassals to a neighboring State. To avoid to the oath required, and those of foreign birth the evils of anarchy, no armed or organized re- who had declared on oath their intention to besistance to them should be made, but the citi- come citizens (252). Any man of proper age zeus should appeal to the ballot-box at public who was in the Territory on the day of election, elections, to the Federal Judiciary, and to Con- and who had paid onedollar as a tax to the Shergress, for relief. Such, from the proof, would iff, who was required tobe at the polls to receive have been the course of the people, but for the it (253), could vote as an "inhabitant," although nature of these enactments and the manner in he had breakfasted in Missouri, and intended to which- they are enforced. Their character and return there for supper. There can be no doubt their execution have been so intimately con- that this unusual and unconstitutionalprovision nected with one branch of this investigation- was inserted to prevent a full and fair expression that relating to "violent and tumultuous pro- of the popular will in the election of members of ceedings in the Territory"-that we were com- the House, or to control it by non-residents. pelled to examine them. All jurors are required to be. selected by the The "laws" in the statute-books are general Sheriff, and "no person who is conscientiously and special; the latter are strictly of a local opposed to the holding of slaves, or who does character, relating to bridges, roads, and the like. not admit the right to hold slaves in the Territory, The great body of the general laws are exact shall be a juror in any cause" affecting the right transcripts from the Missouri Code. To make to hold slaves, or relating to slave property. them in some cases conform to the organic act, The Slave Code, and every provision relating separate acts were passed, defining the meaning to slaves, are of a character intolerant and unuof words. Thus the word " State" is to be under- sual even forthat class of legislation. The charstood as meaning " Territory" (241); the word acter and conduct of the men appointed to hold " County Court" shall be construed to mean the office in the Territory contributed very much to Board of Commissioners transacting county produce the events which followed. Thus Samuel business, or the Probate Court, according to the I. Jones was appointed Sheriff of the County of intent thereof. The words "Circuit Court" to Douglas, which included within it the 1st and mean "District Court" (242). IId Election-Districts. He had made himself The material differences in the Missouri and peculiarly obnoxious to the settlers by his conKansas statutes are upon the following subjects: duct on the 30th of March in the IId District, The qualifications of voters and of members of and by his burning the cabins of Joseph Oakley the legislative assembly; the official oath of all and Samuel Smith (254). officers, attorneys, and voters; the mode of select- An election for delegates to Congress, to be ing officers and their qualifications; the slave held on the 1st day of October, 1855, was procode, and the qualifications of jurors. vided for with the same rules and regulations as Upon these subjects the provisions of the Mis. were applied to other elections. The Free-State souri Code are such as are usual in many of the men took no part in this election, having made States. But by the "Kansas Statutes," every arrangements for holding an election on the 9th office in the Territory, executive and judicial, of the same month. The citizens of Missouri was to be appointed by the legislature, or by attended at the election of the 1st of October, some officer appointed by it. These appoint- some paying the dollar tax, others not being rements were not merely to meet a temporary exi- quired to pay it. They were present and voted gency, but were to hold over two regular elec- at the voting-places of Atchison (255) and Donitions, and until after the general election in phan (256), in Atchison County; at Green October, 1857 (243), at which the members of the Springs, Johnson County (257); at Willow new Council were to be elected (244). The new Springs (258); Franklin (259), and Lecompton Legislature is required to meet on the first Men- (260), in Douglas County; at Fort Scott, Bourday in January, 1858 (245). Thus, by the terms bon County (261; at Baptiste Paola,Lykins Co., of these "laws," the people have no control where some Indians voted, some whites paying whatever over either the Legislature, the execu- the $1 tax for them (262); at Leavenworth tive, or the judicial departments of the territori- City (263), and at Kickapoo City, Leavenworth al government until a time before which, by the County; at the latter place under the lead of natural progress of population, the territorial Gen. B. F. Stringfellow and Col. Lewis Barnes government will be superseded by a State gov- of Missouri (264). From two of the election preeminent. cincts at which it was alleged there was illegal No session of the Legislature is to be held voting-viz.: Delaware and Wyandotte, your during 1856, but the members of the House are Committee failed to obtain the attendance of to be elected in October of that year (246). A witnesses. Your Committee did not deem it necandidate, to be eligible at this election, must cessary, in regard to this election, to enter into swear to support the fugitive-slave law (247), and details, as it was manifest that, from there being each judge of election, and each voter, if chal- but one candidate-Gen. Whitfield-he must lenged, must take the same oath (248). The have received a majority of the votes cast. same oath is required of every officer elected or This election, therefore, depends not on the appointed in the Territory, and of every attorney number or character of the votes received, but admitted to practice in the courts (249). upon the validity of the laws under which itwas A portion of the militia is required to muster held. Sufficient testimony was taken to show on the day of election (250). " Every free white that the voting of citizens of Missouri was pracmale citizen of the United States, and every ticed at this election, as at all former elections in free male Indian, who is made a citizen by treaty the Territory. The following table will exhibit or otherwise, and over the age of twenty-olne vears, and who shall be an inhabitant of the Territory and of the county and district in which (251) p. 332. (252) Statutes, p. 34. (253) p. 333. (254) he offers to vote, and shall have paid a territori- hn Smih a nds E. Ole. (255)rro,. WJekins, (. C2 Westfall. (-258) A. White, T. Wolverton, J. Reid. (241) Statutes, page 718. (242) Statutes. page 766. (259) L. M. Cox, L. A. Prather. (260) B. C. Westfall. (243) Statutes, pages 168, 227, 712. (244) 330. (245) (261) E. B. Cook, J. Hamilton. (262) B C. Westtall, 475. (24t) Statutes, page 330. (247) p. 333. (248) p. (263) G. F. Warren, H. Niles Moore. (2ti) J. W. Ste332. (249) pp. 152, 339, 5, 6. (250) p. 469. phens. THE KANSAS-NEBRASKA STRUGGLE. 1S9 the result of the testimony as regards the number jority of the votes then cast were either illegal of legal and illegal votes at this election. The or fictitious. In the counties to which our exCounty of Marshall embraces the same territory amination extended, there were - illegal votes as was included in the XIth District; and the cast, as near as the proof will enable us to deterreasons before stated indicate that the great ma- mine. ABSTRACT OF POLL-BOOKS OF OCTOBER 1 1855. ~lE I.0.. 0: 1 j Conwr vxc~s4 orwsx. |I rOIw xs,, is,: ma Atchison......... —-, —- Grasshopper-. —.. -.. 7 - ~ Shannon. —------ 131 4 219 Bourbon.-.. —....~.~...~...~.~-.... _...242 - 242 50 192 Brown.- -..................... — -.-... — - --—._ - 4 - 4 - Calhoun......-....-....................29.. 29 29 Davis -—..- ---- --- --—.-.. 8 4 12 12 Doniphan. - -._ _.... Burr Oak. —~ —~ —~- 42 - - 41 1 Iowa - ----- -- 81 - 31 - Wayne........ 66 - 62 4 Washington. —..... 59 - - 59 Wolf River......... —--- 53 - 251 53 - Douglas. —--- —. —... Franklin........... 86 -- 23 63 Lawrence~-..... 42 - 42 - Lecompton.. —- 101 - - - Willow Springs ------- 103 - 332 53 50 Franklin~~. —---------.~~~~~~- --—. 15 - 15 15 Jefferson -—. —------- -—......_ —. -........... 42 3 45 - Johnson- —......... —...-....- -.- --- 190 - 190 90 100 Leavenworth-.-. —----- Alexandria.-..-.. ——... 42 - _. Delaware —,. ---- --- 239 -. Kickapoo -- -. 150 1 - - 50 Leavenworth - —. 212 - - - 100 Wyandott. 246 5 895 - Lykins. —-, —- -- -------. -.-.- -. 220 - 220 70 150 Lynn - - -- ---- -- ---- -—. 67 - _ 67 - Madison —., W... (See Wise Co.)..... Marshall.. —. -—. -. -... 171 - 171 24 147 Nemaha - ------- - -- -------- 6 - 6 6 - Riley -.......... -.- -.. 28 - 28 28 - Shawnee.............. One Hundred and Ten... 23 - - 23 Tecumseh ----- -- 2 - 75 52 - Wise... ---—. —--. Council Grove...... —--.. 14 - 14 14 - While these enactments of the alleged legislt- " Resolved, That we, the people of Kansas Territory, tive assembly were being made, a movement in mass meeting assembled, irrespective of party diswas instituted to form a State government, and tinctions, influenced by common necessity, and greatapply for admission into the Union as a State. ly desirous of promoting the common good, do hereby phe first step taken by the people of the Territo- call upon and request all bonafide citizens of KanThe first step taken by the peopile of arthe 0 sas Territory, of whatever political views or predilecry, in consequence of the invasion of March 30, tions, toconsult together in their respective Election1855, was the circulation for signature of a Districts, and in mass convention or otherwise, elect graphic and truthful memorial to Congress. three delegates for each representative to which said. Your Committee find that every allegation in Election-District is entitled in the House of Reprethis memorial has been sustained by the testi- sentatives of the Legislative Assembly by proclamamony. No further step was taken, as it was tion of Governor Reeder, of date 19th of March, 1855; hoped that some action by the general govern- said delegates to assemble in convention, at the town hoped that some actionby the general govern- of Topeka, on the 19th day of September, 1855, then ment would protect them in their rights. When and there to consider and determine upon all subthe alleged legislative assembly proceeded to jects of public interest, and particularly upon that construct the series of enactments referred to, the having reference to the speedy formation of a State settlers were of opinion that submission to them Constitution, with an intention of an immediate apwould result in depriving them of the rights se- plication to be admitted as a State into the Union of cured to them by the organic law. Their politi- the United States of America." cal condition was freely discussed in the Territo- Other meetings were held in various parts of ry during the summer of 1855. Several meetings the Territory, which indorsed the action of the were held in reference to holding a convention to Lawrence meeting, and delegates were selected form a State government, and to apply for in compliance with its recommendations. admission into the Union as a State. Public They met at Topeka, on the 19th day of Sepopinion gradually settled in favor of such an ap- tember, 1855. By their resolutions they proplication to the Congress to meet in December, vided for the appointment of an Executive Com1855. The first general meeting was held in mittee to consist of seven persons, who were reLawrence on the 15th of August, 1855. quired to " keep a record of their proceedings, The following preamble and resolutions were and shall have a general superintendence of the then passed: affairs of the Territory so far as regards the or" Whereas, The people of Kansas have been, since ganization of the State Government." They its settlement, and now are, without any law-making were required to take steps for an election to be power, therefore be it held on the second Tuesday of the October fol 140 THE STRUGGLE FOR SLAVERY RESTRICTION. lowing, under regulations imposed by that Corn- ritory, and in nearly every precinct. The State mittee, "for members of a Convention to form a movement was a general topic of discussion Constitution, adopt a Bill of Rights for the peo- throughout the Territory, and there was but litple of Kansas, and take all needful measures for tie opposition exhibited to it. Elections were organizing a State Government, preparatory to held at the time and places designated, and the the admission of Kansas into the Union as a returns were sent to the Executive Committee. State." The rules prescribed were such as The result of the election was proclaimed by usually govern elections in most of the States of the Executive Committee, and the members-elect the Union, and in most respects were similar to were required to meet on the 23d day of October, those contained in the proclamation of Gov. 1855, at Topeka. In pursuance of this proclaReeder for the election of March 30, 1855. mation and direction, the Constitutional ConvenThe Executive Committee, appointed by that tion met at the time and place appointed, and Convention, accepted their-appomtment, and en- formed a State Constitution. A memorial to Contered upon the discharge of their duties by iesu- gress was also prepared, praying for the admising a proclamation addressed to the legal voters sion of Kansas into the Union under that Constiof Kansas, requesting them to meet at tieir seve- tution. The Convention also provided that the ral precincts, at the time and places named in question of the adoption of the Constitution and the proclamation, then and there to cast their other questions be submitted to the people, and ballots for members of a Constitutional Conven- required the Executive Committee to take the tion, to meet at Topeka on the 4th Tuesday of necessary steps for that purpose. October then next. Accordingly, an election was held for that pur The proclamation designated the places of pose on the 15th day of December, 1855, in cornelections, appointed judges, recited the qualifica- pliance with the proclamation issued by theExetions of voters and the apportionment of mem- cutive Committee. The returns of this election bers of the Convention, were made by the Executive Committee, and an After this proclamation was issued, public abstract of them is contained in the following meetings were held in every district in the Ter- table: ABSTRACT OF THE ELECTION ON THE ADOPTION OF THE STATE CONSTITUTION, DEC. 15, 1855. Pauciz~~~~~~~~Exclus lgaon of' General Bank- e I- Constitution. Np egBoek and?P ~~~ PMEOIS~OM~ing Law. Muattoe Yes. No.'Yea. No. Yes. No. 1 Lawrence..~ ~ —--.. 348 1 225 83 133 223 356 Blanton................... 72 2 5 14 48 20 76 Palmyra -—.. —..~..... 1 1 9 3 12 - 12 Franklin —--------------—. 48 4 31 15 48 2 53 2 Bloomington.... ——...... 137 - 122 11 113 15 137 EastDouglas............. 18 - 13 4 14 4 18 3 Topeka.................... 135 125 9 69 64 136 Washington —.-......-.... 42 - 41 1 42 - 42 Brownsville.-.-.... 24 - 22 2 22 2 24 Tecumseh.................. 35 - 23 11 35 - 35 4 Prairie City............. 72 - 39 38 69 3 72 5 Little Osage........... 21 7 16 12 23 7 31 Big Sugar................. 18 2 5 16 20 - 21 Neosho... - --------- 12 - 6 6 12 - 12 Potawatamie -...-. -..-.. [ 39 3 21 19 25 18 43 Little Sugar-.....-..-...... 42 18 33 13 42 2 60 Stanton --............... 32 - 4 33. 3 5 37 Ossawattamie. ——........ 56 1 33 20 38 17 59 7 Titus -.. —-...-..-....... — 39 5 32 7 25 15 44 Juniata - -.............. 30 - 23 6 10 19 31 8 Ohio City -.......... 21 - 16 5 20 1 21 Mill Creek..-....... -- 20 - 20 20 - 20 St. Mary's.............. 14 - 14 14 - 14 Waubaunsee........... 19 - 17 1 7 11 19 9 Pawnee..-..-......-.. 45 - 15 29 40 6 45 Grasshopper Falls -—.. 54 - 19 34 50 3 54 10 Doniphan -..-.-...-...... 22 - 5 14 21 - 22 Burr Oak.................. 23 - 7 16 22 1 23 Jesse Padur's. —... 12 - 1 11 12 - 12 11 Ocena-.............. 28 - 8 20 28 - 28 Kickepoo.........-.-.-. —. 20 - 7 13 16 4 20 13 Pleasant Hill............ 47 - 37 6 45 1 47 Indiana —------.....-.. — _ 19 - - 18 19 - 19 Whitfield....-.-...-..- - 7 - 3 4 6 - 7 14 Wolf River..-............. 24 - 11 12 18 6 24 St. Joseph's Bottom ---- 15 - 4 9 14 1 15 15 Mt. Pleasant.. 32 - 32 1 30 2 33 16 Easton —---- -—.. — 71 2 53 19 71 - I 73 17 Missaion -------—....... 7 - 3 - 1 2 7. ___ Total 1731 46 1120 564 1287 453 1778 N. B. Poll-Book at Leavenworth was destroyed. The Executive Committe then issued a procla- ded for an election to be held on the 15th day of mation reciting the results of the election of the January, 1856, for State officers and members 15th of December, and at the same time provi- of the General Assembly of the State of Kansas. THE KANSAS-NEBRASKA STRUGGLE. 141 Ait election was accordingly held in the several I sent to the Executive Committee. An abstract election-precincts, the returns of which were I of them is contained in the following table: ABSTRACT OF THE ELECTION OF JANUARY 15, 1856. o a a 6gSec. State. Auditor. Treasurer. >. W o o i e ~ ~ ~ ~ PRECINCTS. - CD:; - Washington. —-—.... —-- 129- 12 9 129 129 1293030 Doniphan................ 32 - 32 - 2 - -32 -32 32 Ossawatamie.-.. —... 82 - 80 82 - 81 - 82 - 81 78 Osage-................ 19 - 19 19 - 19 19 - 19 19 Easton —....-............. 6666 6 66 7 66 7 66 7 64 3 75 73 Burr Oak.-................ 21 - 24 - 24 - 24 - 24 - 24 24 St. Joseph's Bottom........ 49 1 49 - 50 - 49 - 50 - 50 50 Padon's House —-.......... 27 ~- 27 27 - 27 - 27 - 27 27 Wolf River................ 36 - 86 - 36 - 36 - 36 - 36 36 East Douglas -~ -- 28 3 28 8 {8 3 28 3 28 3 31 31 Stanton -........-.......-. 31 - 31 - 31 - 31 - 31 - 31 28 Potawatamie.............. 39 - 39 - 39 - 39 - 38 - 39 38 Titus -------—.................... 28 4 28 4 28 4 28 4 28 4 32 32 Blanton.-........ —..... —.. 52 25 42 33 55 2.3 54 24 55 17 78 77 Prairie City -----—...-.. — 24 50 25 45 27 37 27 45 27 38 72 71 Pleasant Hill. —-..~....... 42 2 43 2 43 2 43 2 43 2 45 44 Mission.. —... —--- --—.... 10 - 1 9 10 - 10 - 10 - 10 10 Palmyra ---—. —....~~- 25 - 25 - 25 - 25 - 25 - 25 25 Franklin -........-..... — 8 58 5 59 8 58 8 58 8 58 66 66 Little SugarCreek. —.-. 33 - 35 - 32 -- 34 - 34 - 34 34 Little Osage. —---—. ---- 19 - 19 - 19 - 19 - 19 - 19 19 Topeka. —. — -----—. —--- 83 61 61 64 77 68 83 62 89 48 145 135 Tecumseh -- - 1 34 1 34 1 34 1 34 8 24 35 35 Brownsville......... 3 23 323- 23 3 23 29 -- 26 Kickapoo ---—. —--- ~ —-- 14 51 6 59 14 51 14 51 14 51 65 65 Leavenworth —. —-..... 94 7 94 7 94 7 94 7 94 7 101 100 Lawrence ——....-...365 41 176 245 383 43 380 - 385 36 426 395 Nosho.... — - 13 - - - 13 - 13 - 13 1-3 Slouch Creek~. —--- - --- 14 14 - - 14 - 14 - 14 - 14 Wyandot —-... —..-.. —-.... 1 134 - 35 - 35 — 35 - 35 1 Supreme Judges. ep. Pner. Court. I c I I r 1 I m I a I - t PRECINOcTS.: Washington~.-..... 1 3 1 29 29 27 29 1 30 1 29 Doniphan-......- - 5.......~.... 32 31 31 - - -- 32 32 32 - Ossawatamie.-.... 81 81 82- - - - 79 82 82 - Osage......................... 19 19 19 - - - 1919 19 - Easton. —-....-.......- 66 73 65 7 7 ~- 7 66 76 70 7 Burr Oak......................24 4 24 - - - 24 24 24 - St. Joseph's Bottom ----.... 50 50 50 - - - - 50 5 50 - Padon's House................. 27 27 27 - - - 27 27 27 - Wolf River --------—... -..... 36 36 36 - - - - 36 39 36 - East Douglas....~... —....... 29 27 28 4 4 3 28 31 28 3 Stanton.......-..... 31 31 31- - - - 31 31 31 - Potawatamie....... 39 39 39 - - - 89 39 39 - Titus.~ —- ---------— 28 32 28 4 4 4 28 32 28 4 Blanton -.- -. —------.-. 55 55 55 23 23 23 23 55 77 54 24 Prairie Citv............ 27 2 27 45 45 45 45 27 70 25 45 Pleasant Hill~ —---------- 434343 2 2 2 2 434543 2 Mission --------- - ~- 10 10 10 l --- - 10 *9 10 -- Palmyran-k.Topeka-ittl - — ite 25 25 3521 18 1 48 25 25 25 1 Franklin1 1..4....... 8 8 857 5748 8 8 66 8 58 Little Sugar Creek o............ 3434' 34 ~ - - - 34 36 33 1 - ittle Osage............. 19 19 19 - - - - 19 19 19 84 Tecumseh.. —. —----.. —----- 1425 13434 - 34 35 1 34 Brownsville. —------— ~. ----- - - - ~- ~ ~- ~ ~- 18 8 Kickapoo ---------------------- 14 14 14 51 51 51 51 14 65 14 51 Leavenworth - -......- 94 10194 7 7 -- 7 94 101 94 7 Lawrence.. —---------- - 383 379 371 62 48 33 46 380 427 373 53 Ncosho --- - -------— 13 13 - - 10 13 - Slough Creek1............ 1 4 - 1414 1011 - 14 - 14 Wyandot ~.-.- - 3 85 35 35 - - -35 35 35 - L Anthony Floyd 1. 142 THE STRUGGLE FOR SLAVERY RESTRICTION. The result of this election was announced III Brownsville,-... --- -24, — f by a proclamation by the Executive Commit- Topeka. —...-............-....... 131 tee. Tecumseh -..........-........... 31 In accordance with the Constitution thus Big Springs... —8 —-----—. - 6 adopted, the members of the State Legislature Camp Creek-7 - IV Willow Springs. ——.._.__-~. 54 and most of the State officers met on the day V Haimpden ---- ------------- 33 and at the place designated by the State Con- Neoshon.. - -- 16 stitution, and took the oath therein prescribed. Stanton... --..-... —- - -. —-- -... 44 After electing United States Senators, passing Ossawatamie.-.... —.. —...-... 74 some preliminary laws, and appointing a Codi- Potawatamie.....-.. 56 fying Committee and preparing a Memorial to g Sugar Creek. ---- 2 Congress the General Assembly adjourned to Lttle gar Creek.- 4 CI Scott Town....-... 27 meet on the 4th day of July, 1856. Columbia -... 20 The laws passed were all conditional upon the Fergnals.-.... —------.-... — - 12 admission of Kansas as a State into the Union, VII Council City -—. —--—. — -.~- 62 These proceedings were regular, and, in the:opin- III Waubousa --..- - -... 26 ion of your Committee, the constitution thus A. J. Baker...... —-------- 16 adopted fairly expresses the will of the majority X Bg Pnee --- --------- -- 76 of the settlers. They now await the action of X Rog Bluee,-. —- --, 7 Congress upon their memorial. XI Black Vermilioq. —------—... 14 These elections, whether they were con- - XI St. Mary's -...............-.., 18 ducted in pursuance of law or not, were not Silver Lake.... ——.. —.. —--—.- 28 illegal. XIII Pleasant Hill, —,,, _ —-- 43 Whether the result of them is sanctioned by Falls Precinct... —.... 45 the action of Congress, or they are regarded as Hlckoy Point -... —- -,, the mere expression of a popular will, and Con- 3oiphan ----.. -- 3 gress should refuse to grant the prayer of the 3Palermo2 3 memorial, that cannot affect their legality. The XV Ocena -. —--- ----------.. 32 right of the people to assemble and express their Crosby's Store. —...... —- 38 political opinion in any form, whether by means Jackson Crane's ------ —. —-- 38 of an election or a convention, is secured to them XVI Leavenworth... ---—. —. —----—. 503 by the Constitution of the United States. Even Wyandotte --------—.. —-- 38 if the elections are to be regarded as the act of a Delaware —......2-.- party, whether political or otherwise, they were Ridge Point —.. —-. —-—... — 63- proper, in accordance with examples, both in XVII Wakarusa.. —.. --------- 7 States and Territories. Mission —--------------------- 13 The elections, however, were preceded and XVIII Iowa Point ——...-.. ——.... —- 40 followed by acts of violence on the part of those who opposed them, and those persons who ap- Total. 282 proved and sustained the invasion from Missouri The resolutions passed by this convention inwere peculiarly hostile to these peaceful move- dicate the state of feeling which existed in the ments preliminary to the organization of a State Territory in consequence of the invasion from government. Instances of this violence will be Missouri, and the enactments of the alleged lereferred to hereafter. gislative assembly. The language of some of To provide for the. election of delegates to the resolutions is violent, and can only be justiCongress, and at the same time do it in such a fied either in consequence of the attempt to enmanner as to obtain the judgment of the House force the grossest acts of tyranny, or for the purof Representatives upon the validity df the al- pose of guarding against a similar invasion in leged legislative assembly sitting at Shawnee future. Mission, a convention was held at Big Springs In the fall of 1855, there sprang out of the exon the 5th and 6th days of September, 1855. isting discords and excitement in the Territory, This was a party convention, and a party calling two secret Free-State societies (265). They were itself the Free-State party was then organized. defensive in their character, and were designed It was in nowayconnected with the State move- to form a protection to their members against ment, except that the election of a delegate to unlawful acts of violence and assault. One of Congress was fixed by it on the same day as the the societies was purely of a local character, and election of members of a constitutional conven- was confined to the town of Lawrence. Very tion, instead of the day prescribed by the al- shortly after its organization it produced its deleged legislative assembly. Andrew H. Reeder sired effect, and then went out of use and ceased was put in nomination as territorial delegate to to exist (266). Both societies were cumbersome, Congress, and an election was provided for un- and of no utility except to give confidence to the der the regulations prescribed for the election of Free-State men, and enable them to know and March 30, 1855, excepting as to the appointment aid each other in contemplated danger. So far of officers, and the persons to whom. the returns as the evidence shows, they led to no act of vioof the elections should be made. The election lence in resistance to either real or alleged laws was held in accordance with these regulations, (267). an abstract of the returns of which is contained On the 21st day of November, 1855, F. M. in the following table: Coleman, a Pro-Slavery man, and Charles W. Dow, a Free-State man, had a dispute about the ABSTRACT OF THE ELECTIN OF A. division line between their respective claims. REEDER. Several hours afterward, as Dow was passing from a blacksmith's shop toward his claim, and by the cabin of Coleman, the latter shot Dow 3'g"w~~.Vonso^~~ PLwith a double-barreled gun loaded with slugs. o VOTING PLACES. Dow was unarmed. He fell across the road and died immediately. This was about 1 o'clock *_._. P. M. His dead body was allowed to lie where I Lawrence- ~.............- ~ 57 it fell until after sundown, when it was conveyed Blanton ---—.-........ 77 by Jacob Branson to his house, at which Dow Palmyra... —-.-,~,~.. 16 - II Bloomington.-....... 116 (265) Pat. Laughlin, Francis. (266) G. P. Lowry, A. Benicia.-.27 - --......... 27 H. Reeder. (267) Lowry, ilceder and M. F. Conway. THE KANSAS-NEBRASKA STRUGGLE. 143 boarded. The testimony in regard to this homi- revenge before I see Missouri." A person precide is voluminous (268), and shows clearly that sent, who was examined as a witness (271), cornit was a deliberate murder by Coleman, and that plained publicly that the dispatch was not sent Harrison Bulkely and a Mr. Hargous were ac- to the governor; and within half an hour one cessories to it. The excitement caused by it was was sent to the governor by Jones, through Harvery great among all classes of the settlers. On gous. Within a few days, large numbers of men the 2(ith, a large meeting of citizens was held at from the State of Missouri gathered and encampthe place were the murder was committed, and ed on the Wakerusa. They brought with them resolutions passed that Coleman should be all the equipments of war. To obtain them, a brought to justice. In the mean time Coleman party of men under the direction of Judge T. V. had gone to Missouri, and then to Gov. Shannon Thompson broke into the United States arsenal at Shawnee Mission, in Johnson County. He and armory at Liberty, Missouri, and after a was there taken into custody by S. I. Jones, then forcible detention of Captain Leonard (then in acting as Sheriff. No warrant was issued or charge) (272), they took the cannon, muskets, examination had. On the day of the meeting at rifles, powder, harness, and indeed all the mateHickory Point,Harrison Bradley procured a peace rials and munitions of war they desired, some of warrant against Jacob Branson, which was placed which have never been returned or accounted in the hands of Jones. That same evening, for. after Branson had gone to bed, Jones came to The chief hostility of this military foray was his cabin with a party of about 25 persons, against the town of Lawrence, and this was among whom were Hargous and Buckley-burst especially the case with the officers of the law. open the door, and saw Branson in bed. He then Your Committee can see in the testimony no drew his pistol, cocked it, and presented it to reason, excuse, or palliation for this feeling. Up Branson'sbreast, and said, " You are my prison- to this tzme no warrant or proclamation of any er, and if you move I will blow you through." kind had been in the hands of any officer against The others cocked their guns and gathered any citizen of Lawrence (273). No arrest had round him, and took him prisoner. They all been attempted, and no writ resisted in that mounted and went to Buckley's house. After a town. The rescue of Branson sprang out of a time they went on a circuitous route towards murder committed thirteen miles fromLawrence, Blanton's Bridge, stopping to " drink" on the in a detached settlement, and neither the town way. As they approached the bridge, there nor its citizens extended any protection to Branwere 13 in the party, several having stopped. son's rescuers (274). On the contrary, two or Jones rode up to the prisoner and, among other three days after the rescue, S. N. Wood, who things, told him that he had " heard there were claimed publicly to be one of the rescuing party, 100 men at your house to-day," and "that he re- wished to be arrested for the purpose of testing gretted they were not there, and that they were the territorial laws, and walked up to Sheriff cheated out of their sport" (269). In the mean Jones and shook hands with him, and exchanged time, the alarm had been given in the neighbor- other courtesies. He could have been arrested hood of Branson's arrest, and several of the set- without any difficulty, and it was his design, tiers, among whom were some who had attended when he went to Mr. Jones, to be arrested, but the meeting at Hickory Point that day, gathered no attempt was made to do so (275). together. They were greatly excited; the al- It is obvious that the only cause of this hostilileged injustice of such an arrest of a quiet set- ty is the known desire of the citizens of Lawtier, under a peace warrant by "Sheriff Jones," rence to make Kansas a Free State, and their aided by two men believed to be accessory to a repugnance to laws imposed upon them by nonmurder, and who were allowed to be at large, residents. exasperated them, and they proceeded as rapidly Your Committee do not propose to detail the as possible by a nearer route than that taken by incidents connected with this foray. FortuJones, and stopped near the house of J. S. Ab- nately for the peace of the country, a direct conbott, one of them. They were on foot as Jones's flict between the apposing forces was avoided party approached on a canter. The rescuers by an amicable arrangement. The losses sussuddenly formed across the road in front of Jones tained by the settlers in property taken and time and his party. Jones halted, and asked, " What's and money expended in their own defense, addup?" The reply was, " That's what we want to ed much to the trials incident to a new settleknow. What's up?" Branson said, "Theyhave ment. Many persons were unlawfully taken got me a prisoner." Some one in the rescuing and detained-in some cases, under circumparty told him to come over to their side. He stances of gross cruelty. This was especially so did so, and dismounted, and the mule he rode in the arrest and treatment of Dr. G. A. Cutter was driven over to Jones's party; Jones then and G. F. Warren. They were taken, without left (270). Of the persons engaged in this rescue, cause or warrant, 60 miles from Lawrence, and three were from Lawrence, and had attended when Dr. Cutter was quite sick. They were the meeting. Your Committee have deemed it compelled to go to the camp at Lawrence, were proper to detail the particulars of this rescue, as put into the custody of " Sheriff Jones," who it was made the groundwork of what is known had no process to arrest them-they were taken as the Wakerusa War. On the same night of into a small room kept as a liquor shop, which the rescue the cabins of Coleman and Buckley was open and very cold. That night Jones were burned, but by whom, is left in doubt by came in with others, and went to "playing the testimony. poker at twenty-five cents ante." The prisonOn the morning of the rescue of Branson, ers were obliged to sit up all night, as there Jones was at the village of Franklin, near Law- was no room to lie down, when the men were rence. The rescuewas spoken of in the presence playing. Jones insulted them frequently, and of Jones, and more conversation passed between told one of them he must either " tell or swing." two others in his presence, as to whether it was The guard then objected to this treatment of most proper to send for assistance to Col. Boone prisoners, and Jones desisted. G. F. Warren in Missouri, or to Gov. Shannon. Jones wrote a thus describes their subsequent conduct: dispatch and handed it to a messenger. As soon They then carried fus down to their campi as he started, Jones said: " That man is taking Kelly of'he Squatter Sovereign, who lives in my dispatch to Missouri, and by G-d I'll have Atchison, came round and said he thirsted for (268) Wm. and Nicholas McKinney, D. T. Jones (271) L. A. Prattler. (272) Luther Leonard. (273) and wife, Thomas Brown, F. M. Coleman and others. William Shannon, Chas. Robinson. (274) G. P. Lowry (269) Jacob Braneon. (27t) Jacob Branson. and Charles Robinson. (275) Chas. Robinson. 1tA - TIlE STRUGGLE FOR SLAVERY RESTRICTION. blood, and said he should like to hang us on the election and threatened to destroy the ballot-box first tree. Cutter was very weak, and that ex- and were guilty of other insolent and abusive cited him so that he became delirious. They conduct (283). After the polls were closed, sent for three doctors, who came. Dr. String- many of the settlers being apprehensive of an fellow was one of them. They remained there attack, were armed in the house where the elecwith Cutter until after midnight, and then took tion had been held until the next morning. Late him up to the office, as it was very cold in camp. that night Stephen. Spark, with his son and During the foray, either George W. Clark, or nephew, started for home, his route running by Mr. Burns, murdered Thomas Barber, while the the store of a Mr. Dawson, where a large party latter was on the highway on his road from Law- of armed men had collected. As he approached rence to his claim. Both fired at him, and it is these men demanded that he should surrender impossible from the proof to tell whose shot was and gathered about him to enforce the demand fatal. The details of this homicide are stated (284). Information was carried by a man in the by eye-witnesses (276). company of Mr. Sparks to the house where the Among the many acts of lawless violence election had been held. R. P. Brown and a comwhich it has been the duty of your Committee pany of men immediately went down to relieve to investigate, this invasion of Lawrence is the Mr. Sparks, and did relieve him when he was in most defenseless. A comparison of the facts imminent danger (285). Mr. Sparks then started proven, with the official statements of the offi- baek with Mr. Brown and his party, and while cers of the Government, will show how ground- on their way were fired upon by the other party. less were the pretexts which gave rise to it. A They returned the fire, and an irregular fight community in which no crime had been commit- then ensued, in which a man by the name of ted by any of its members, against none of whom Cook, of the Pro-Slavery party, received a morhad a warrant been issued or a complaint made, tal wound, and two of the Free-State party were who had resisted no process in the hands of a slightly wounded. real or pretended officer, was threatened with Mr. Brown, with seven others who had accomdestruction in the name of" law and order," and panied him from Leavenworth, started on their that, too, by men who marched from a neigh- return home. When they had proceeded a part boring State with arms obtained by force, and of the way, they were stopped and taken prisonwho, in every stage of their progress, violated ers by a party of men called the Kickapoo Ranmany laws, and among others the Constitution gers, under the command of Capt. John W. of tile United States (277). Martin. They were disarmed and taken back to The chief guilt of it must rest on Samuel J. Easton, and put in Dawson's store (286). Brown Jones. His character is illustrated by his lan- was separated from the rest of his party, and guage at Lecompton, where peace was made: taken into the office of E. S. Trotter (287). By " The said Maj. Clark land Burns both claimed this time several of Martin's party and some of the credit of killing that d-d Abolitionist, and the citizens of the place had become intoxicated, he didn't know which ought to have it. If and expressed a determination to kill Brown Shannon hadn't been a d-d old fool, that peace (288). Capt. Martin was desirous, and did all would never have been declared. He would in his power to save him. Several hours were have wiped Lawrence out. He had men and spent in discovering what should be done with means enough to do it" (278). Brown and his party. In the mean time, without Shortly after the retreat of the forces from the knowledge of his party, Capt. Martin liberatbefore Lawrence, the election upon the adoption ed all of Brown's party but himself, and aided of the State Constitution was held at Leaven- them in their escape (289). The crowd repeatedworth City, on the 15th of December, 1855. ly tried to get in the room where Brown was, While it was proceeding quietly, about noon, and at one time succeeded, but were put out by Charles Dunn, with a party of others, smashed Martin and others. Martin, finding that further in the window of the building in which the elec- effort on his part to save Brown was useless, left tion was being held, and then jumped into the and went home. The crowd then got possession room where the Judges of election were sitting, of Brown, and finally butcheredhim in cold blood. and drove them off (279). One of the clerks of The wound of which he died was inflicted with a election snatched up the ballot-box and followed hatchet by a man of the name of Gibson. After the Judges, throwing the box behind the counter he had been mortally wounded, Brown was sent of an adjoining room through which he passed on home with Charles Dunn, and died that night. his way out. As he got to the street door, Dunn No attempt was made to arrest or punish the caught him by the throat, and pushed him up murderers of Brown. Many of them were wellagainst the outside of the building, and demand- known citizens, and some of them were officers ed the ballot-box (280). of the law. On the next Grand Jury which sat Then Dunn and another person struck him in in Leavenworth County, the Sheriff summoned the face, and he fell into the mud, the crowd several of the persons inplicated in this murder rushed on him and kicked him on the head and (290). One of them was M. P. Rively, at that in his sides (281). In this manner the election time Treasurer of the County. He has been exwas broken up, Dunn and his party obtaining amined as a witness before us. The reason he the ballot-box and carrying it off. gives why no indictments were found is, " they To avoid a similar outrage at the election for killed one of the Pro-Slavery men, and the ProState officers, etc., to be held on the 15th of Janu- Slavery men killed one of the others, and I ary, 1856, the election for Leavenworth District thought it was about mutual." The same Grand was appointed to be held at Easton, and the Jury, however, found bills of indictment against time postponed until the 17th day of January, those who acted as Judges of the Free-State elec1856 (282). On the way to the election, persons tion. Rively says, "I know our utmost endeawere stopped by a party of men at a grocery, vors were made to find out who acted as Judges and their guns taken from them (283). During and Clerks on the 17th of January last, and at the afternoon, parties came up to the place of all the bogus elections held by the Abolitionists (276) Robert T. Barber, Thomas W. Pierson, Jane (284) Stephen Sparks. (286) George A. Taylor, W. Colborn and others. (277) Article 4 of the Stephen Sparks, J. H. Bird. (286) Henry J. Adams, Amendments. (278) Harrison Nichols. (279) Geo. George A. Taylor, W. P. Kirby, John H. Martin, Wiley Wetheroll. George H. Keller. (280) George Wether- Williams. (287) Henry J. Adams, J. W. Martin. (288) ell. (281) George Wetherell. George W Hallis. Wiley Williams, J. W Martin, H. J. Adams. (289) (282) J. C. Green, Henry J. Adams, Joseph H. Bird. H. J. Adams, G. A. Taylor, J. H. Bird, Wiley Wil(283) Stephen Sparks. liams. (290) M. P. Rively. THA KANSAS-NEBRASKA STRUGGLEO 1 bae We were very anxious to fnd them out, as ished for ay of these crimes. While such we thought them acting illegally." offenses were committed with impunity the laws Your Committee, in their examination, have were used as a means of indicting men for holdfound that in no case of crime or homicide, men- ing elections, preliminary to framing a constitutioned in the report or in the testimony, has any tion and applying for admisbion into the Union indictment been found against the guilty party, as the State of Klnsas. Charges of high treason except in the homicide of Clark byMcCrea, Me- were made against prominent citizens upon Crea being a Free-State man. grounds which seem to your Committee absurd Your Committee did not deem it within their and ridiculous, and under these charges they are power or duty to take testimony as to events now held in custody and are refused the priviwhich have transpired since the date of their ap- lege of bail. In several cases men were arrested pointment; but as some of the events tended in the State of Missouri while passing on their seriously to embarrass, hinder and delay their lawful business through that State, and detained investigations, they deem it proper here to refer until indictments could be found in the Territo them. On their arrival in the Territory, the tory. people were arrayed in two hostile parties. The These proceedings were followed by an offense hostility of them was continually increased dur- of still greater magnitude. Under color of ing our stay in the Territory, by the arrival of legal process, a company of about 700 armed armed bodies of men who, from tleir equipments, men, the great body of whom your Comrtitcame not to follow the peaceful pursuits of life, tee are satisfied were not citizens of the Territory, but armed and organized into companies, appa- marched into the town of Lawrence under Marrently for war-by the unlawful detention of per- shal Donaldson and S. J. Jones, officers claimsons and property while passing through the ing to act under the law, and bombarded and State of Missouri, and by frequent forcible then burned to the ground a valuable hotel and seizures of persons and property in the Territory one private house; destroyed two printingwithout legal warrant. Your Committee regret presses and material; and then, being released that they were compelled to witness instances of by the officers, whose posse they claim to be, each of these classes of outrages. While holding proceeded to sack, pillage, and rob houses, stores, their session at Westport, Mo., at the request of trunks, etc., even to the clothing of women and the sitting Delegate, they saw several bodies of children. Some of the letters thus unlawfully armed men, confessedly citizens of Missouri, taken were private ones, written by the contestmarch into the Territory on forays against its ing Delegate, and they were offered in evidence. citizens, but under the pretense of enforcing the Your Committee did not deem that the persons enactments before referred to. The wagons of holding them had any right thus to use them, emigrants were stopped in the highways, and and refused to be made the instruments to report searched without claim or legal powers, and in private letters thus obtained. some instances all their property taken from This force was not resisted, because it was colthem. In Leavenworth City, leading citizens lected and marshaled under the forms of law. were arrested at noonday in our presence, by an But this act of barbarity, unexampled in the armed force, without any claim of authority, ex- history of our Government, was followed by its cept that derived from a self-tonstituted Con- natural consequences. All the restraints which mittee of Vigilance, many of whom were Legis- American citilens are accustomed to pay even lative and Executive officers. Some were re- to the appearance of law, were thrown of; one leased on promising to leave the Territory, and act of violence led tq another; homicides became others, after being detained fora time, wereform- frequent. A party under H. C. Pate, composed ally notified to leave, under the severest penal- chiefly of citizens of Missouri, were taken prisonties. The only offense charged against them was ers by a party of settlers; and while your Comtheir political opinions, and no one was thus ar- mittee were at Westpont, a;- opany chiefly of rested for alleged crime of any grade. There was Missourians, accompanied bthe acting Deleno resistance to these lawless acts by the seners, gate, went to relieve P^te.and his party, and a because, in their opinion, the persons engaged in collision was prevented by the United States them would be sustained and reinforced by the troops. Civil war has seemed impending in the citizens of the populous border counties of Mis- Territory. Nothing can prevent so great a casouri, from whence they were only separated by lamity but the presence of a large forceof United the river. In one case witnessed by your Com- States troops, under a commander who will with mittee, an application for the writ of habeas cor- prudence and discretion quiet the excited paspus was prevented by the urgent solicitation of sions of both parties, and expel with force the Pro-Slavery men, who insisted that it would en- armed bands of lawless men coming from Misdanger the life of the prisoner to be discharged souri and elsewhere, who with criminal pertinaciunder legal proess. ty infest that Territory. While we remained in the Territory, repeat- In some cases, and as to one entire election-dised acts of outrage were committed upon the trict, the condition of the country prevented the quiet, unoffending citizens, of which we received attendance of witnesses, who were either arrested authentic intelligence. Men were attacked on or detained while obeying our process, or deterthe highway, robbed, and subsequently im- red from so doing. The Sergeant-at-Arms who prisonea. Men were seized and searched, and served the processes upon them was himself artheir weapons of defense taken from them with- rested and detained for a short time by an armed out compensation. Horses were frequently taken force, claiming to be a part of the posse of the and appropriated. Oxen were taken from the Marshal, but was allowed to proceed upon an yoke while plowing, and butchered in the pres- examination of his papers, and was furnished ence of their owners. One young man was seized with a pass, signed by " Warren D. Wilkes of in the streets of the town of Atchison, and South Carolina." John Upton, another officer under circumstances of gross barbarity was of the Committee, was subsequently stopped by tarred and cottened, and in that condition was a lawless force on the borders of the Territory,, sent to his family. All the provisions of the and after being detained and treated with greati Constitution of the United States, securing per- indignity was released. He also was furnished, sons and property, are utterly disregarded. with a pass signed by two citizens of Missouri, The officers of the law, instead of protecting and addressed to " Pro-Slavery men." By reason the people, were in some instances engaged in of these disturbances we were delayed in Westthese outrages, and in no instance did we learn port, so that while in session there, our time was that any man was arrested, indicted or pun- but partially occupied. 10 146 THE STRUGGLE FOR SLAVERY RESTRICTION. But the obstruction which created the most seat, was not held in pursuance of law, and that serious embarrassment to your Committee was it should be regarded only as the expression of the attempted arrest of Gov. Reeder, the contest- the choice of the resident citizens who voted for ing Delegate, upon a writ of attachment issued him. against him by Judge Lecompte to compel his Sixth: That Andrew H. Reeder received a attendance as a witness before the Grand Jury of greater number of votes of resident citizens than Douglas County. William Fane,recently from the John W. Whitfield, for Delegate. State of Georgia, and claiming to be the Deputy Seventh: That in the present condition of the Marshal, came into the room of the Committee Territory a fair election cannot be held without while Gov. Reeder was examining a witness be- a new census, a stringent and well-guarded fore us, and producing the writ required Gov- election law, the selection of impartial Judges Reeder to attend him. Subsequent events have and the presence of United States troops at every only strengthened the conviction of your Corn- place of election. mittee that this was a wanton and unlawful in- Eighth: That the various elections held by terference by the Judge who issued the writ, tend- the people of the Territory preliminary to the ing greatly to obstruct a full and fair investiga- formation of the StateGovernment havebeen as tion. Gov. Reeder and Gen. Whitfield alone regular as the disturbed condition of the Terriwere fully possessed of that local information tory would allow; and that the Constitution which would enable us to elicit the whole truth, passed by the Convention, held in pursuance of and it was obvious to every one that any event said elections, embodies the will of a majority of which would separate either of them from the the people. Committee would necessarily hinder, delay, and As it is not the province of your Committee embarrass it. Gov. Reeder claimed that, under to suggest remedies for the existing troubles in the circumstances in which he was placed, he the Territory of Kansas, they content themselves was privileged from arrest except for treason, with the foregoing statement of facts. felony, or breach of the peace. As this was a All of which is respectfully submitted. question of privilege, proper for the Courts, or Wn. A. HowAn, for the privileged person alone to determine on ON SHORMA his peril, we declined to give him any protection JN or take any action in the matter. He refused to obey the writ, believing it to be a mere pretense Th Pree-State Constitution framed at to get the custody of his person, and fearing, as he alleged, that he would be assassinated by Topeka for Kansas, by the Convention called lawlessbands of men then gathering in and near by the Free-State party, (as set forth in the Lecompton. He then left the Territory. foregoing documents,) was in due season subSubsequently H. Miles Moore, an attorney in mitted to Congress-lessrs. Andrew I. Leavenworth City, but for several years a citi- re zen of Weston, Mo., kindly furnished the Con- Reeder (the Free-State Territorial delegate) mittee information as to the residence of persons and James H. Lane having been chosen by voting at the elections, and in some cases ex- the first Free-State Legislature Senators of amined witnesses before us. He was arrested on the United Stes, and r.. W. Delahay the streets of that town by an armed band of ted Stes, and ir.. W. Delhy about thirty men, headed by W. D. Wilkes, elected Representative in the House, by the without any color of authority, confined, with Free-State men of Kansas. Of course, these other citizens, under a military guard for twenty- were not entitled to their seats until the four hours, and then notified to leave the Terri aforesaid instrument (known as " the Topeka tory. His testimony was regarded as important, Constitution") should be accepted by Conand upon his sworn statement that it would endanger his person to give it openly, the majority gress, and the State thereupon admitted into of your Committee deem it proper to examine him the Union. This Constitution, being formex parte and did so. ally presented in either House, was received By reason of these occurrences, the contestant, and referred to their respective and the party with and for whom he acted, were reerre to their respective Committees unrepresented before us during a greater portion on Territories; but the accompanying Meof the time, and your Committee were required morial from the Free-State Legislature, setto ascertain the truth in the best manner they ting forth the grounds of the application, could. and prying for admission a a State, was, Your Committee report the following facts and praying for admission a0 a State, was, and conclusions as established by the testimony: after having been received by the Senate, First: That each election in the Territory, reconsidered, rejected, and returned to Col. held under the organic or alleged Territorial law, Lane, on the allegation that material changes has been carriedby organized invasions from had been made in it since it left Kansas. the State of Missouri, by which the people of the TheS Territory have been prevented from exercising enate, in like manner, rejected repeated the rights secured to them by the organic law. motions to accept the Constitution, and Second: That the alleged Territorial Legisla- thereupon admit Kansas as a Free Stateture was an illegally-constituted body, and had there never being more than Messrs. Hamlin no powerto pass valid laws, and their enactments d F n of M a are, therefore, null adviand void.Fessenden of Maine, Hale and Bell of are, therefore, null and void. Thiird: That these alleged laws have not, as New-Hampshire, Collamer and Foot of Vera general thing, been used to protect persons and mont, Sumner and Wilson of Mass., Foster property and to punish wrong, but for unlawful of Connecticut, Seward and Fish of New purposes.or, ade of Ohio, Duree nd Dodge of Fourth: That the election under which the York, ade of Ohio, Durkee and Dodge of fsitting Delegate, John W. Whitefield, holds his Wisconsin, Trumbull of Illinois, and Harlan -seat, was not held in pursuance of any valid law, of Iowa, (16) Senators in favor of such adand that it should be regarded only as the ex- mission, and these never all present at the pression of the choice ofithose resident citizens same time. -who voted for him. sae Fifth: That the election under which the con- In the House —-the aforesaid Constitution ~testing Delegate, Andrew H. Reeder, claims his and Memorial having been submitted to the THE.KANSAS-NEBRASKA STRUGGLE. 147 CoiLmittee on Territories, its Chairman, ston, Kelsey, King, Knapp, Knight, Knowlton, Mr. Grow of Penna., from a majority of said Knox, Kunkel, Leiter, Mace, Mlatteson, McCarty, Meacham, Killian Miller, 3Millward, Committee, reported in favor of the admisCommittee, reported in favor of the admis- Moore, Morgan, Morrill, Murray, Andrew Oliver, sion of Kansas under such Constitution, as Parker, Pearce, Pelton, Pennington, Perry, a Free State; and after debate the Previous Pettit, Pike, Pringle, Purviance, Robbins, Question thereon was ordered (June 28th) Roberts, Robison, Sabin, Sate, Sapp, Scott, by avote of 98 Ayes to 63 oes. PrviouSherman. Simmons, Stanton, Stranahan, Taprevious pan, Thorington Thurston, Todd, Trafton, to this, however, Mr. Stephens of Georgia Wade, Wakeman, Walbridge, Waldron, Cadhad proposed, as an amendment or substitute, walader C. Washburne, Elihu B. Washburne, a radically different bill, contemplating the Israel Washburn, Watson, Welch, Whitney, appointment bythePresident and Senate of Wood, Woodruff, and Woodworth-109. appointment by e P int and n o NAYS-Messrs. Aiken, Allen, Barclay, Barksfive Commissioners, who should repair to dale, Bell. Hendley S. Bennett, Bocock, Bowie, Kansas, take a census of the inhabitants and Boyce, Branch, Brooks, Burnett, Cadwalader, legal voters, and thereupon proceed to ap- John P. Campbell, Carlile, Caruthers, Caskie, portion during the month of September, Clingman, Howell Cobb, Williamson R. W. portion, during t h mt of Sepr t r Cobb, Cox, Craige, Crawford, Davidson, Day, 1856, the delegates (52) to form a constitu- Denver, Dowdell, Edmundson, Elliot, English, tional convention, to be elected by the legal Eustis, Faulkner, Florence, Foster, Thomas J. voters aforesaid; said delegates to be chosen D. Fuller, Goode, Greenwood, Augustus Hall, on the day of the Presidential election (Tues- J. Morrison Harris, Sampson W. Harris, Hick-, Nov. 4th, 1856), and to assemble in man, Hoffman, Houston, Jewett, George W. day, Nov. 41th, 1856), and to assemble in 1Jones, J..Glancy Jones, Keitt, Kelly, Kennett, convention on the first Monday in December, Kidwell, Lake, Letcher, Lumpkin, Alexander 1856, to form a State Constitution. The K. Marshall, Humphrey Marshall, Maxwell, Mcbill proposed, also, penalties for illegal voting Mullin, McQueen, Smith Miller, Millson, Nichols, at said election. Mordecai Oliver, Orr, Packer, Paine, Peck, Phelps, Porter, Powell, Puryear, Quitman, To this substitute-bill, Mr. Dunn of In- Ready, Ricaud, Richardson, Rivers, Ruffin, diana proposed the following amendment, to Rust, Sandidfe, Savage, Seward, Shorter, Samuel come in at the end as an additional section: A. Smith, William Smith, William R. Smith, Sneed, Spinner, Stephens, Stewart, Swope, TalSEC. 18. And be it further enacted, That so t, aylor, Trippe, Underwood, Valk, Walker, much of the fourteenth section and of the thirty- Warner, Watkins. Wheeler. Williams, Daniel second section of the act passed at the first ses- B. Wright, John V. Wright, and Zollicoffersion of the Thirty-Third Congress, commonly 102. called the Kansas and Nebraska act, as reads as follows: " Except the eighth section of the act Mr. Stephens's substitute, as thus amendpreparatory to the admission of Missouri into the ed by its adversaries, was abandoned by its Union, approved March 6,1820, which, being original friends, and received but two votes inconsistent with the principle of non-interven- those of Messrs. Ge. G. Dunn f Indiana tion by Congress with slavery in the States and es. Indana Territories, as recognized by the legislation of and John Scott Harrison of Ohio-Nays 1850, commonly called the compromise measures, 210. is hereby declared inoperative and void; it Mr. Dunn had previously moved a referbeing the true intent and meaning of this act ence of the bill to the Committee of the not to legislate slavery into any State or Terri- tory, or to exclude it therefrom, but to leave the Whole on the state of the Union. This was people thereof perfectly free to form and regulate now defeated: Yeas 101; Nays 109. their domestic institutions in their own way, sub- Mr. Jones of Tenn. now moved that the ject only to the Constitution of the United bill do lie on the table, which was defeated States: Provided, That nothing herein contained Yea 107 (Barca of shall be construed to revive or put in force any eas 1; ays 10 (Barclay of Penn. law or regulation which may have existed prior Dunn of Ind., Haven and Williams of N. Y. to the act of 6th March, 1820, either protecting, - Yeas; Bayard Clarke of New-York, Hick8establishing, prohibiting, or abolishing slavery," man and Millward of Pa., Moore of Ohio, be and the same is thereby, repealed, provided and Scott of Ind.-Nays; Scott Harrison that any person or persons lawfully held to service within either of the Territories named in of Ohio not voting, Wells of Wise. absent). said act shall be discharged from such service, The House now refused to adjourn by 106 if they shall not be removed and kept out of said to 102; and, after a long struggle, the final Territories within twelve months from the pas- question was reached, and the bill r sage of this act. question was reached, and the bill rejected: Mr. Dunns amendment to the Stephens Yeas, 106; Nays 107-as follows: Mr. Dunn's amendment to the Stephens amendment or substitute, was carried: Yeas YEAS-Messrs. Albright, Allison, Ball, Bar109; Nays 102-as follows: bour, Henry Bennett, Benson, Billinghurst, Bingham, Bishop, Bliss, Bradshaw, Brenton, YEAS-Messrs. Albright, Allison, Ball, Bar- Buffinton, Burlingame, J. H. Campbell, Lewis bour, Henry Bennett, Benson, Billinghurst, D. Campbell, Bayard Clarke, Ezra Clark, ClawBingham, Bishop, Bliss, Bradshaw, Brenton, son, Colfax, Comins, Covode, Cragin, Cumback, Broom, Buffinton, Burlingamo, James H. Camp- Damrell, Timothy Davis, Day, Dean, De Witt, bell, Lewis D. Campbell, Bayard Clarke, Ezra Dick, Dickson, Dodd, Durfee, Edie, Edwards, Clark, Clawson, Colfax, Comins, Covode, Cragin, Emrie, Flagler, Galloway, Giddings, Gilbert, Cumback, Damrell, Timothy Davis, Dean, De Granger, Grow, Robert B. Hall, Harlan, HickWitt, Dick, Dickson, Dodd, Dunn, Durfee, man, Holloway, Thomas R. Horton, Valentine Edie, Edwards, Emrie, Flagler, Galloway, Gid- B. Horton, Howard, Hughston, Kelsey, King, dings, Gilbert, Granger, Grow, Robert B. Hall, Knapp, Knight, Knowlton, Knox, Kunkel, LeiHarlan, Harrison, Haven, Holloway, Thomas R. ter, Matteson, McCarty, Meacham, Killian MilHorton, Valentine B. Horton, Howard, Hugh- ler, Millcard, Moore, Morgan, Morrill, Murray, 148 THE STRUGGLE FOR SLAVERY RESTRICTION. Nichols, Andrew Oliver, Parker, Pearce, Pelton, Comins, Covode, Cragin, Cumback, Damrehl, Pennington, Perry, Pettit, Pike, Purviance, Timothy Davis, Day, Dean, Do Witt, Dick, Robbins, Roberts, Robison, Sabin, Sage. Sapp, Dickson, Dodd, Durfee, Edie, Edwards, Emrie, Scott, Sherman, Simmons, Spinner, Stanton, Flagler, Galloway, Giddings, Gilbert, Granger, Stranahan, Tappan, Thorington, Thurston, Todd, Grow, Robert B. Hall, Harlan, Hickman, HolloTrafton,Wade, Wakeman, Walbridge, Waldron, way, Thomas R. Horton, Valentine B. Horton, Cadwalader C. Washburne, Elihu B. Wash- Howard, Hughston, Kelsey, King, Knapp, burne, Israel Washburn, Watson, Welch, Wood, Knight, Knowlton, Knox, Kunkel, Leiter, MatteWoodruff, and Woodworth-106. son,McCarty, Meacham, Killian Miller, Millward, NAYS-Messrs. Aiken, Allen, Barclay,Barks- Morgan, Morrill, Mott, Murray, Nichols. Andrew dale, Bell, Hendley S. Bennet, Bocock, Bowie, Oliver, Parker, Pearce, Pelton, Perry, Pike, Boyce, Branch, Brooks, Broom, Burnett Cad- Pringle, Purviance, Robbins, Roberts, Robison, walader, John P. Campbell, Carlile, Caruthers, ab, Sage, Sapp, Scott, Sherman, Spinner Caskie, Howell Cobb, Williamson R. W. Cobb, Stranahan,Tappan, Thorington,Thurston,Todd, Cox, Craige, Crawford, Cullen, Davidson, Den- Trafton,Wade,Wakeman, albridgeWaldron, verDo, Dowdell, Dunn Edmundson, Elliot, Eng- Cadwalader C. Washburne, Elihu B. Wash lish, Etheridge, Eustis, Evans, Faulkner, Flor-burne, Israel Washbur, Welch, Woodruff, and ence, Foster, Thomas J. D. Fuller, Goode, Green- Woodworth —99. wood, Augustus Hall, J. Morrison Harris, Samp- NAYS-Messrs. Aiken,Allen, Barksdale, Bell, son W. Harris, Harrison, Haven, Herbert, Hoff- Hendley S. Bennett, Bocock, Bowie, Branch, man, Houston, Jewett, George W. Jones, J. Brooks, Broom, Burnett, Cadwalader, Caruthers, Glancy Jones, Keitt, Kelly, Kennett, Kidwell, Caskie, Clingman, Howell Cobb, Williamson R. Lake, Letcher, Lindley, Lumpkin, Alexander K. W. Cobb, Cox, aige, Crawford, Cullen, Henry Marshall, Humphrey Marshall, Samuel S. Mar- Winter Davis, Denver, Dowdell, Dunn, Edshall, Maxwell, McMullin, McQueen, Smith Mil- mundson, Enlish, Etheridge, Eustis, Evans, ler, Millson, Mordecai Oliver, Orr, Packer Faulkner, Florence, Henry M. Fuller, Thos. J Paine, Peck, Phelps, Porter, Powell, PurerD. Fuller, Goode, Greenwood, Augustus Hall, J I Morrison Harris, Sampson W. Harris, Thomas Quitman, Ready, Ricaud, Rivers, Ruffin, Rust, Morrison Harris, Sampson W. Harris, Thomas Sandidge, Savage, Seward, Shorter, Samuel A. Harris, Harrison, Haven Houston, Jewett, Smith, William Smith, William R. Smith, Sneed George W. Jones, J. Glancy Jones, Kelly, enStephens, Stewart, Swope,Talbott Taylor,Trippe, nett Kiwell Lke, Lindley, Lumpkin, Alex Underwood, Valk, Walker, Warner, Watkins, ander K. Marshall, Humphrey Marshall, Sa Wheeler, Whitney, Williams, Daniel B. Wright, muel S. Marshall, McMullin, McQueen, Srith John V. Wright, and Zollicoffer-107. Miller, Milson, Mordecai Oliver, Orr, Packer, Peck, Phelps, Porter, Powell, Puryear, Ready, So the bill was lost. Ricaud, Rivers, Ruffin. Rust, Sandidge, Savage, Mr. Goode of Virginia now sought to Seward, Shorter Samuel A. Smith, William Smith, William R. Smith, Sneed, Stephens, Stewmove a reconsideration, and to have that art, Swope, Taylor, Trippe, Underwood, Valk, motion laid on the table; but was cut off by Walker, Warner, Watkins, Wheeler, Whitney a motion to adjourn already pending, which Williams, Winslow, Daniel B. Wright, John V prevailed. Wright, and Zollicoffer-97. July lst. —Mr. Barclay (Dem.) of Pa. rose Mr. Grow of Pa. moved the reconsideras to a privileged motion. He moved a recon- tion of this vote, and that the motion to resideration of the preceding vote, by which consider do lie on the table, which was perthe Free-Kansas bill had been rejected. A mitted, without further division. stormy debate ensued, in the midst of which Mr. Howard of Mich. rose to a question of The following is the Free-Kansas or higher privilege (as affecting the right of a Topeka Constitution aforesaid: member[delegate] to his seat) and submitted the Report of the Kansas Investigating CONSTITUTION Committee (already given). The Speaker THE STATE OF KANSAS. sustained the motion, and the House sus- PREAMBLE: tained the Speaker. The Report was there- Wa, the People of the Territory of Kansas, by upon presented and read, consuming a full our delegates in Convention assembled at Topeday. ka, on the 23d day of October, A. D. 1855, and July 3rd.-The question of reconsidering of the Independence of the United States the the vote defeatingo the F~ree-K9ansas bill was eightieth year, having the right of admission into the vote defeating the Free-lKansas bill was the Union as one of the United States of America, again reached. Mr. Houston of Ala. moved consistent with the Federal Constitution and by that it do lie on the table: Defeated: Yeas virtue of the treaty of cession by France to the 97; Nays 102. The main question was then United States of the Province of Louisiana, in o7rde Ys; Nays 9; ad102 1 Te min Qu o then r order to secure to ourselves and our posterity ordered: Yeas 101; Nays 98; and the re- the enjoyment of all the rights of life, liberty and consideration carried: Yeas 101; Nays 99. property, and the free pursuit of happiness, do'The previous question on the passage of the mutually agree with each other to form ourselves bill was now ordered: Yeas 99; Nays 96 into a free and independent State, by the name a motion by Mr. McQueen of S.C. to laythe and style of the STATE OF KANSAS, bounded as a mtion by Mr. McQueen of S.C. to laye follows, to wit: Beginning at a point on the bill on the table was defeated: Yeas 97; western boundary of the Stat of Missouri where Nays 100; and then the bill was finally the thirty-seventh parallel of north latitude passed: Yeas 99; Nays 97, as follows: crosses the same; thence west on said parallel to the eastern bonndary of New-Mexico; thenoe YEAS-Messrs. Albright, Allison, Ball, Bar. north on said boundary to latitude thirty-eight; bour, Barclay, Henry Bennett, Benson, Billing- thence following said boundary westward to the hurst, Bingham, Bliss,Bradshaw,Brenton,Buffin. eastern boundary of the Territory of Utah on ton, James H. Campbell, Lewis D. Campbell, the summit of the Rocky Mountains; thence Bayard Clarke,Ezra Clark, Clawson, Colfax, northward on said summit to the fortieth parallel THE KANSAS-NEBRASKA STRUGGLE. 149 if said latitude; thence east on said parallel to in his behalf, and a speedy public trial by an imthe western boundary of the State of Missouri; partial jury of the county or district in which the thence south with the western boundary of said offense is alleged to have been committed; nor State to the place of beginning; and do ordain shall any person be compelled in any criminal and establish the following CONSTITUTION and case to be a witness against himself, or be twice BILL OF RIGHTS for the government thereof: put in jeopardy for the same offense. SEC. 11. Every citizen may freely speak, write ARTICLE L-BILL OF RIGHTS, and publish his sentiments on all subjects, being SECTION 1. Allmen are by nature free and responsible for the abuse of the rigt; and no independent, and have certain inalienable rights, law shall be passed to restrain or abridgeth among which are those of enjoying and defelndilng liberty of speech or of the press. In all criminal among which are those of enjoying and defending life and liberty, acquiring, possessing, and pro- prosecutiona or indicments for libel, the truth hetingproessr and seafety. knanobishall appear to the jury that the matter charged StEC.'2. All political pwer in as libelous is true, and was published with good SE. 1. No person shall be transported ut oface, SEC.. T pol havetheright to assembleand r for o n a bols, th e sa hent tright toh alter, refor abolish the same the State for any offense committed within the e~ theya em esir common good, to coinstruviction their Represupt- i oni privileges or immunities shall ever be granted same; ad no conviction shall work corruption of blood or forfeiture of estate. that may not be altered, revoked, or repealed by Sc. 13. No soldier shal, in time of peace, Sc. 3. The people have the right to assemble quartered in any house without the consent of together, in a peaceable manner, to consult, for te ower; nor in te of war, except in a mtheir common good, to instruct their Represent- r precribeb aw. atives, and to petition the General Asembly ^Sc. 4. The right of the people to be secumr i afor the redress of grievances. General sembl y their persons, houses, papers, and possessions, for the redress of grievances. SEC. 4. The people have the right to bear arms agaiast unreasonablesearches and seizures, shall not be violated -: d no varrant shall issuO but for their defense and security, but standing r-not be violated; and no warrant shall issue but mies in tiie of peace are dangerous to fber-upon probable cause, supported by oath or a ty, and shall not be kept up; and the military firmnnation, particularly describing the place to aud shallnot be kept up;iand the civil hall be kept in strict subordination to the ivi be searched, and the persons and things to be power.e kept in st~i^ s^i t6 h eized. SEC. 15. No person shall be imprisoned for SEC. 5. The right of trial by jury shall be in-. impsoned vio.5. The right of trial by jury shae i- debt in any civil action, or mesne or final pro. cess, unless in case of fraud. SEC. 6 There shall be no Slavery in this State, S unless Al c tse o l; and nor involuntary servitude, unless for the punish- tr nment of crime. person for an injury done him in his land, goodi, SEC. 7. All men have a natural and indefeasi- person, or reputation, shall have remedy by due ble right to worship Almighty God according to ourse of law, and usticeadm steredwithout the dictates of their own conscience. No person denial or delay. shall be compelled to attend, erect or support SKc. 17. No hereditary emoluments, honors, o! any place of orship, or maintain ay fo f privilees,shall ever be granted orconferredby worship against his consent; and no preference thc. 1 e f e.i nor shall any interference with the rights ofee ed, excet b e censcience be permitted. No religious test shall b The paymentf a tax hl not be be required as a qualification for office, nor shall. 19. any person be incompetent to be a witness on ac- a qualification for exercising the right of sufcount of his religious belief; but nothing herein SEc. 20. Private property shall ever be held shall be construed to dispese with oaths and c.. Private property shall r be held affirmations. Religion, morality, and knowledge, Winvate, but subservient to the public w elfare. however, being essential to good government, it When taken in time of war, or other public exihowever, being essential togood government, it gecy, imper atively requiring its medate shall be the duty of the General Assembly to gec, imperatively requiring its im at pass suitable laws to protect every religious de- seizure, or or the purpose of making or repairnomination in the peaceable enjoyment of its ing roads, which shall be open to the public use, own mode of public worship, and to encourage ithout toll or other charge therefor, a compenschools an the meaa of instructtion sation shall be made to the owner in money; and schools and the means of instruco ti on. SEC. 8. The privilege of the writ of habeas in all other cases, where private property shall Corpus sihall not e suspended, unless in case of be taken for public use, a compensation theren r In i, r for shall first be made in money, first secured by retbellion or invasion the public safety require it. a deposit ofmoney, nd compen SEC i All persons shall be bailable by suffi: a deposit of money, and such compensation shall SEC. 9. All persons shall be bailable by suff- be assessed by a jury, without deduction for cient sureties, unless for capital offenses where benefits to any proerty of the owner. the proof is evident, or the presumption great. SEn. 21. ro indenture of ae negro, or mulatExce, sive b ail shall not be required, nor exces-ndenture of a ro, or mulatrwitsve fle s mposd, not cruel d unusual pun- to, made and executed out of the bounds of the ove fisls timposed, ot cel and unusualpun- State, shall be valid within the State. ishments inflicted. SEC. 22. This enumeration of rights shall not SEC. 10. Except iii cases of impeachment, and hall not Ec. 1s Except 1in cases om ampeach mentr and be construed to impair or deny others retained cases arising in the army and navy, or in the militia, when in actual service, in time of war by the people; and all poers not herein deleor public danger, and in cases of petit larceny ated shall remain with the people. and other inferior offenses, no person shall be held to answer for a capital or otherwise infa- ARTICLE II.-ELECTIVE FRANCHISE. mous crinme, unless on presentment or indictment SECTION 1. In all elections by the people, the of a Grand Jury. In any trial, in ain* court, the vote shall be by ballot, and in all elections in party accused shall be allowed to appear and the General Assembly, the vote shall be icra defend in person, and with counsel, to demand voce. the nature and cause of the accusation against SEc. 2. Every lwhite mIale person, and every him, and to have a copy thereof; to meet the civilized male Idir1n who has adolpted the habwitnes.es face to face, aind to have compulsory its.of the white maln, of the age of twenty-one process to procure the attendaciee of witnesses years and upward, who shall be at the time of 150 THE STRUGGLE FOR SLAVERY RESTRICTION. offering to vote a citizen of the United States; and Counties, and shall have their offices at sucl who shall have resided, and had his habitation, places as may be required by law. domicile, home, and place of permanent abode in SEC. 12. Returns of elections for members of the State of Kansas for six months next preced- Congress, the General Assembly, and all other ing the election at which he offers his vote; who, officers not otherwise provided for, shall be made at such time, and for thirty days immediately to the Secretary of State, in such manner as may "preceding said time, shall have had his actual be prescribed by law. habitation, domicile, home, and place of abode in Ssc. 13. Electors shall in all cases be privithe county in which he offers to vote; and who leged from arrest during their attendance on shall have resided in the precinct or election- elections, and in going to and returning theredistrict for at least tel days immediately preced- from, except in case of felony, treason, and breach ing the election, shall be deemed a qualified elec- of the peace. tor at all elections under this Constitution, except at elections by general ticket in the State ARTICLE III.-DISTRIBUTION or POWERS. or district prescribed by law, in which case the elector must have the aforesaid qualifications, shall N 1. Th e powers of the Government but a residence in said district for ten days will shl e Livide int thee xeutive, departments entitle him to vote: Provided, That no soldier, Ad istative, and the Judicia; and no perseaman, or marine of the regular army of the A dministrative, and the Judicial; and no perseaman, or marile of the regular army of the Am be considered a resident of son charged with official duties under one of United States shall be consiee a resident these departments shall exercise any of the the State in consequence of being stationed with- functions of another, except as in this Constituin the same. tion expressly provided. SEC. 3. The General Assembly shall, at its first tion expressly provided. session, provide for the registration of all quali- ARTICLE IV EGISLATI fied electors in each county, and thereafter, from time to time, of all who may become qualified SECTION 1. The Legislative power of this electors. State shall be vested in the General Assembly, SEC. 4. The Legislature shall have power to which shall consist of a Senate and House of exclude from every office of honor, trust or profit Representatives. within the State, and from the right of suf- SEC. 2. The Senators and Representatives frage, all persons convicted of any infamous shall be chosen annually by the qualified electcrime. ors of the respective Counties or Districts for SEC. 5. No person shall be deemed capable of which they are chosen, on the first Monday of holding or being elected to any post of honor, August, for one year, and their term of office profit, trust, or emolument, civil or military, or shall commence on the first day of January next exercise the right of suffrage under the govern- thereafter. ment of this State, who shall hereafter fight a SEC. 3. There shall be elected at the first elecduel, send or accept a challenge to fight a duel, tion twenty Senators, and sixty Representatives, or who shall be a second to either party, or who and the number afterward shall be regulated by shallin any manner aid or assist in such duel, or law. who shall be knowingly the bearer of such chal- SEC. 4. No person shall be eligible to the lenge or acceptance, whether the same occur or office of Senator, or Representative, who shall be committed in or out of the State. not possess the qualifications of an elector. SEC. 5. No person who may hereafter be col- Ssc. 5. No person holding office under the aulector or holder of public moneys shall be eligi- thority of the United States, or any lucrative ble to any office of trust or profit in the State office under the authority of this State, shall be until he shall have accounted for and paid into eligible to or hold a seat in the General Assemthe'proper public treasury all sums for which he bly; but this provision shall not extend to townmay be accountable. ship officers, Justices of the peace, notaries pubSEC. 7. No State officer or member of the lie, postmasters, or officers of the militia. General Assembly of this State shall receive a SEC. 6. Each House, except as otherwise profee, be engaged as counsel, agent, or attorney, in vided in this Constitution, shall choose its own any case or claim against the State. officers, determine its own rule of proceeding, SEC. 8. No Senator or Representative shall, punish its members for disorderly conduct, and during the term of 9ffice for which he shall have with the concurrence of two-thirds expel a membeen elected, be appointed to any civil office of ber, but not the second time for the same cause; profit in this State which shall have been created, and shall judge of the qualification, election and or the emoluments of which shall have been in- return of its own members, and shall have all creased during such term, except such offices as other powers necessary for its safety and the unmay be filled by election by the people. disturbed transaction of business. SEC. 9. All officers, civil and military, in this SEC. 7. Each House shall keep a journal of its State, before they enter upon the duties of their proceedings and publish the same. The Yeas respective offices, shall take the following oath and Nays on any question shall, at the request or affirmation: "I, do swear [or of two members, be entered on the journal. affirm] that I will support the Constitution of the SEC. 8. Any member of either House shall United States, and of the State of Kansas; that I have the right to protest against any act or resoam duly qualified according to the Constitution lution thereof; and such protest and reason to exercise the office to which I have been elect- therefor shall, without alteration, commitment ed, [or appointed,] and will, to the best of my or delay, be entered on the journal. abilities, discharge the duties thereof faithfully SEC. 9. All vacancies which may occur in and impartially, according to law." either House shall, for the unexpired term, be SEC. 10. Every person shall be disqualified filled by election as shall be prescribed by from holding any office of honor or profit in this law. State, who shall have been convicte of having SEC. 10. Senators and Representatives shall. given or offered any bribe to procure his elec- in all cases except treason, felony or breach of tion, or who shall have made use of any undue the peace, be privileged from arrest during the influence fiom power, tumult, or other improper session of the General Assembly, and in going practices. to and returning from the same; and for words SEC. 11. All civil officers of the State shall spoken in debate they shall not be questioned in reside within the State, and all District and any other place. County officers within their respective Districts SEC. 11. A majority of all the members elected THEI KANSAS-NEBRASKA STRUGGLE. 151. to each House shall be necessary to pass every bill acquitted, shall nevertheless be liable to indictor joint resolution, and all bills and joint reso- ment, trial,judgment and punishment, ace ording lutions so passed shall be signed by the presid- to law. ing officers of the respective Houses, and pre- SEC. 24. Within one year after the ratification sented to the Governor for his approval. of this Constitution, and within every subseSEC. 12. The doors -of each House, and of quent two years thereafter, for the term of ten Committees of the Whole, shall be kept open. years, anenumeration of all the white inhabitants Neither House shall, without the consent of the of this State shall be made in such manner as other, adjourn for more than two days, nor to shall be directed by law. any other place than that in which the two SEC, 25. All regular sessions of the General Houses shall be sitting, except for personal Assembly shall be held at the capital of the safety. State, and shall commence on the firs tTuesday SEC. 13. Every bill shall be read by sections of January annually. on three several days in each House unless in SEC. 26. Allbills for raising revenue shall oriegi case of emergency. Two-thirds of the House nate in the House of Representatives, subject, where such bill is pending, may, if deemed expe- however, to amendment or rejection as in other dient, suspend the rules on a call of the Yeas and cases. Nays; but the reading of a bill by sections on its SEC. 27. The members of the General Assemfinal passage shall in no case be dispensed bly shall receive for their services the sum of with; and the vote on the passage of every bill four dollars per day for each and every day they or joint resolution shall be taken by Yeas and are actually in attendance at any regular or Nays. special session, and four dollars for every, SEC. 14. Every act shall contain but one sub- twenty miles they shall travel in going to and ject, which shall be clearly expressed in its title. returning from the place of meeting by the most Bills may originate in either House, but may be usually traveled route; and no session of the altered, amended, or rejected by the other. General Assembly, except the first under this SEC. 15. In all cases wben a general law can Constitution, shall extend beyond the term of be made applicable, special laws shall not be sixty days, nor any special session more than enacted. forty days. SEC. 16. No act shall ever be revived or amended by mere reference to its title; but the ARTICLE V.-EXECUTIVE. act revived, or the section amended, shall be set forth and published at full length. SECTION 1. The Executive Department shall SEC. 17. No act shall take effect until the same consist of a Governor, a Lieutenant-Governor, shall have been published and circulated in the Secretary of State, Treasurer, Auditor, and Atcounties of the State by authority, except in torney-General, who shall be chosen by the case of emergency, which emergency shall be electors of the State at the same time and place declared in the preamble, or the body of the of voting for the members of the General Assemlaw. bl. SEC. 18. The election and appointment of all SE. 2. The Governor, Lieutenant-Governor officers, and the filling of all vacancies not other- Secretary of State, Treasurer, Auditor, Attorneywise provided for by this Constitution, or the General, and State Printer, shall hold their office Constitution of the United States, shall be made for two years. Their terms of office shall coiin such manner as shall be prescribed by law; mence on the first Tuesday of January next after but no appointing power shall be exercised b their election, and continue until their succesthe General Assembly, except as provided in this sors are elected and qualified, neither of which Constitution and in the election of the United officers shall be eligible for re-election more than States Senator, and in these cases the vote shall two out of three consecutive terms: nor shall any be taken viva voce. person be eligible for the office of Governor who SEC. 19. The General Assembly shall not have who shall not have attained the age of thirty power to enact laws annulling the contract of years. marriage in any case whereby law the courts SEC. 3. The returns of every election for the of this State may have power to decree a di- officers named in the foregoing section, shall be vorce. sealed up and transmitted to the seat of governSEC. 20. The General Assembly shall not have ment by the returning-officers, directed to the power to pass retro-active laws, or laws impair- Secretary of State, who shall It y the same before ing the obligation of contracts, but may by the General Assembly at their first meeting general laws authorize Courts to carry into effect, thereafter, when they shall open, publish and deupon such terms as shall bejust and equitable, dare the result thereof in the presence of a mathe manifest intention of parties and officers, jority of the members of both Houses. The perby curing omissions, defects, and errorsin instru- son having the highest number of votes shall be ments, and proceedings arising out of a want of declared duly elected, and a certificate thereof conformity with the laws of this State. given to such person, signed by the presiding SEC. 21. The style of the laws of this State officers of both bodies; but if any two or more shall be: " Be it enacted by the General Assern- shall be highest and equal in votes for the same bly of the State of Kansas." office, one of them shall be chosen by the joint SEC. 22. The House of Representatives shall vote of both Houses. have the sole power of impeachment. All im- SEC. 4. The supreme executive power shall be peachments shall be tried by the Senate, and vested in a Governor. when sitting for the purpose, the Senators shall SEC. 5. He may require information in writing be upon oath or affirmation to do justice ac- from the officers in the Executive Department cording to law and evidence. No person shall be upon any subject relating to the duties of their convicted without the concurrence of two-thirds respective offices, and shall see that the laws are of all the Senators present. faithfully executed. SEC. 23. The Governor and all other civil offi- SEC. 6. He shall communicate at every session, cers, under the laws of this State, shall be liable by message, to the General Assembly, the condito impeachment for any misdemeanor in office, but tion of the affairs of the State, and recommend judgment in such cases shall not extendfurther such measures as he shall deem expedient for than to removal from office, and disqualification their action. to hold any office of honor, profit, or trust, under SEC. 7. He may on extraordinary occasions this State. The party, whether convicted or convene the General Assemly by proclamation, 5i2: THE STRUGGLE FOR SLAVERY RESTRICTION. and shall state to both Houses when assembled both Houses shall be presented to the Governor. the purposes for which they were convened. If he approve he shall sign the same; but if be SEC. 8. Ir case of disagreement between the shall not approve, he shall return it with his obtwo Houses, in respect to the time of adjourn- jections to the House in which it shall have ment, he shall have power to adjourn the Gene- originated, who shall enter the objections at large ral Assembly to such time as he may think upon the journal, and proceed to reconsider the proper, but rot beyond the regular meetings same. Ifafter such reconsideration two-thirds ther'eof. of that House shall agree to pass the bill, it shall SEC. 9. He shall be commander-in-chief of the be sent, with the objections, to the other House, military in the State, except when they shall be by which, likewise, it shall be reconsidered, and called into the service of the United States. if approved by two-thirds of that House, it shall SEC. 10. The pardoning power shall be vested be a law. But in such case the votes of both in the Governor, under such regulations and re- Houses shall be determined by Yeas and Nays, strictions as may be prescribed by law. and the names of the persons voting for or against SEC. 11. There shall be a seal of the State, the the bill shall be entered upon the journals of the device ot which shall be fixed upon by the Gov- House respectively. If any bill shall not be reernor and other State officers, be kept by the turned by the Governor within five days (Sunday Governor and used by him officially, and shall excepted after it shall have been presented to be called "The Great Seal of the State of Kan- him, it shall be a law in like manner as if he had sas." signed it, uaess the General Assembly, by their SEC. 12. All g ants and commissions shall be adjournment, prevented its return, in which case used in the name and by the authority of the it shall also be a law, unless sent back within State of Kansas, sealed with the great seal, sign- two days after the next meeting. ed by the Governor, and countersiged by the SEC. 20. Contested elections for Governor, Secretary of State. Lieutenant Governor, Judges of the Supreme SEC. 13. No member of either House of Con- Court, and all other State officers, shall be detergress, or other persons holding office under the mined by the General Assembly in such manauthority of this State, or of the United States, ner as may be prescribed by law. shall execute the office of Governor except as SEC. 21. The General Assembly shall have herein provided. power to provide by law for the election of a SEc. 14. In the case of death, impeachment, Surveyor-General, State Geologist,.and Superinresignation, removal, or other disability of the tendent of Common Schools, whose duties shall Governor, the Lieutenant-Governor shall exer- be prescribed by law. cise the duties of the office of Governor, until another Governor shall be duly qualified; but in AxTICLE V.-JvTDICAL. such case another Governor shall be chosen at SICTION 1. The Judicial power of the State the next annual election for members of the shall bevested in aSupreme Court, Cufrts of General Assembly, unlese such death, resigna- Coammon Pleas, Justices of the Peace, and in tion, impeachment, removal, or other disability such other Courts inferior to the Supreme Court shall occur within three calendar months imme- as the General Assembly may establish. diately preceding such next annual election, in gSc. 2. The Supreme Court shall consist of which case a governor shall be chosen at the three Judges, a majority of whom shall form a second succeeding annual election for members quorum. It shall have such original and appel. of the General Assembly, and in case of the late jurisdiction as may be provided by law. It death, impeachment, resignation, removal, or shall hold at least one term each year at the seat other disability of the Lieutenant-Governor, the of Government, and such other Terms as may President of the Senate pro tern. shall exercise be provided by law. The Judges of the Suthe office of Governor until a Governor shall be preme Court shall be elected by the electors of duly qualified as aforesaid. the State at large. SEC. 15. The Lieut.-Governor shall be Presi- SEC. 3. The State shall be divided by the first dent of the Senate, but shall vote only when the General Assembly under this Constitution into Senate is equally divided, and shall be entitled three Common Pleas Districts of compact Territo the same pay as the Speaker of the House of tory, bounded by county lines, and as nearly Representatives, and in case of his death, im- equal in population as practicable; and a Judge peachment, resignation, removal from office, or for each District shall be chosen by the electors when he shall exercise the office of Governor, thereof, and their term of office shall be for three the Senate shall choose a President pro tem. years. SEC. 16. Should the officeof Secretary of State, SEC. 4. The Courts of Common Pleas shall Treasurer, Auditor, or Attorney-General become consist of one Judge each, who shall reside withvacant, for any of the causes specified in the in the district for which he is chosen during his fourteenth and fifteenth sections, the Governor continuance in office. shall fill the vacancy or vacancies until the disa- SEc. 5. The jurisdiction of the Court of Combility is removed or a successor is elected and mon Pleas and of the Judges thereof shall be qualified. Every such vacancy shall be filled fixed by law. by election, at the first general election that oc- SEC. 6. A competent number of Justices of the curs more than thirty days after such vacancy Peace shall be elected by the electors in each shall have occurred, and the person chosen shall township of several counties. The term of office hold the office for the full term fixed in the see- shall be three years, and their powers and duties ond section of this article. shall be fixed by law. SEC. 17. The officers mentioned in this article SEC. 7. All Judges, other than those provided shall, at stated times, receive for their services for in the Constitution, shall be elected by the compensation to be fixed by law, which shall electors of the judicial district for which they neither be increased nor diminished during the may be created, but not for a longer term of period for which they shall have been elected. office than three years. SEC. 18. The officers of the Executive Depart- SEC. 8. The Judges of the Supreme Court shall, ment, and of the public State Institutions shall, immediately after the first election under this at least ten days preceding each regular session Constitution, be classified by lot, so that one shall of the General Assembly, severally report to the hold for the term of one year, one for the term Governor, who shall transmit the same to the of three years; and all subsequent elections the General Assembly. term of each of said Judges shall he for three SEC. 19. Every bill which shall have passed years. THE KANSAS-NEBRASKA STRUGGLE. 153 SEC. 9. In case the office of any Judge shall any exclusive right to, or control of, any part of become vacant before the expiration of the term the school funds of this State. for which he was elected, the vacancy shall be SEC. 3. The General Assembly may take measfilled by appointment by the Governor, until a ures for the establishment of a University, with successor shall be elected and qualified; and such branches as the public convenience may such successor shall be elected for the residue hereafter demand, for the promotion of literature, of the unexpired term, at the first annual election the arts, sciences, medical and agricultural inthat occurs more than thirty days after such struction. vacancy shall have happened. SEc. 4. Provision may be made by the law SEC. 10. The Judges of the Supreme Court for the support of normal schools, with suitable and of the Court of Common Pleas shall, at stat- libraries and scientific apparatus. ed times, receive such compensation as may be provided by law, which shall not be increased ARTICLE VIII.-PUBLIC INSTITUTIONS. or diminished during their term of office; but they shall receive no fees or perquisites, nor hold SECTION 1. It shall be the duty of the General any other office of profit and trust under the State, Assembly, at as early a date as possible, to proother than a judicial office. vide State Asylums for the benefit, treatment SEC. 11. The General Assembly may increase and instruction of the blind, deaf and dumb, and or diminish the number of the Judges of the insane. Supreme Court, the number of the districts of SEC. 2. The General Assembly shall make prothe Courts of Common Pleas, the number of vision for the establishment of an Asylum for Judges in any district, or establish other courts, idiots, to be regulated by law. whenever two-thirds of the members elected to SEC. 3. The respective counties of the State each House shall concur therein but no such shall provide in some suitable mtaner for those change, addition, or diminution shall vacate the inhabitants who, by reason of age, infirmity or office of any Judge. other misfortune, may have claims upon the SEC. 12. There shall be electedin each county, sympathy and aid of society; under provisby the electors thereof, one Clerk of the Court ions to be made by the laws of the General Asof Common Pleas, who shall hold his office for the sembly. term of three years, and until his successor shall Sic. 4. The General Assembly shall make be elected and qualified provision for the establishment of houses of reSEC. 13. The General Assembly shall provide fuge for the correction, reform, and instruction of by law for the speedy publication of the decis- juvenile offenders. ions of the Supreme Court made under this Con- SEC. 5. It shall be the duty of the General Asstitution. sembly to make provisions as soon as possible SEc. 14. The Supreme Court shall, uJpon the for a State General Hospital. decision of every case, give an opinion m writing of each question arising in the record in such ARTICLE IX.-PUBLIC DEBT AND PUBLIC case and the decision of the Court thereon. WORKS SE;c. 15. There shall be elected by the voters of the State a Clerk and a Reporter for the Su- ECTIO 1. No money shall be paid out ouf the preme Court, who shall hold their offices for treasury except in pursuance ofan apprpriation three years, and whose duties shall be pre- by law. scribed by law. SEc. 2. The credit of the State shall never be SEC. 16. Judges may be removed from office given or loaned in aid of any individual associaby concurrent resolution of both Houses of the tion or corporation. General Assembly, if two-thirds of the members SEC. 3. For the purpose of defraying extraor. elected to each House concur therein; but no dinary expenditures, the State may contract pubsuch removal shall be made except upon co- li debts, ut such debts shal never in the aggreplaint, the substance of which shall be entered gate exceed ne hundred thousand dollars, unless upon the journal, nor until the party thereof authorized by a direct vote of the peple at a charged shall have had notice thereof, and an general election. Every such debt shall be auopportunity to be heard. thorized by law, and every such law shall proSEC. 17. The several Judges of the Supreme vide for the payment of the annual interest of Court, of the Court of Common Pleas, and of such debt, and the principal within ten years such other courts as may be created by law, from the passage of such law, and such approshall respectively have and exercise such power paton shall not be repealed until the principal and jurisdiction, at chambers or otherwise, as and interest shall have been wholly paid. may be provided by law. SEC. 4. The Legislature may also borrow SEC. 18. The style of all process shall be "The money to repel invasion, suppress insurrection, State of Kansas." All prosecutions shall be car- ordefend the State in time of war; but the money ried on in the name and by the authority of t thus raised shall be applied exclusively to the State of Kansas, and all indictments shall con- object for which the -loan was authorized, or reelude "Against the peace and, dignity of the payment of the debts thereby created. State of Kansas." SEC. 5. No scrip, certificate, or other evidence of State debt whatever, shall be issued, except ARTICLE VII.-EDUCATION. for such debts as are authorized by the third SECTION 1. The principal of all funds arising and fouth sections of this article. from the sale or other disposition of lands or other property granted or intrusted to this State ARTICLE X. —ILITIA. for educational and religious purposes, shall for- SECTION 1. The militia shall consist of all ableever be preserved inviolate and undininished, bodied white male persons between the ages of and the income arising therefrom shall be faith- eighteen and forty years: except such as may fully applied to the specific objects of the origi- be exempt by the laws of the United States or nal grants or appropriations. of this State, and shall be organized, oflicered, SEC. 2. The General Ass (mbly shall make armed, equipped, and trained in such mlanner as such provision, by taxation or otherwise, as, with may be provided by law. the income arising from the school-trust fund, S:c. 2. The Governor shall appoint the Adjuvill secure a thoroungh and efficient system of talt, Quartermaster and Commissary Genecornmon schools throughout the State; but no rals. religious or other sec't or sects shall ever have Sac. 3. All militia o ffcers shall be comos". 154 THE STRUGGLE FOR SLAVERY RESTRICTION. sioned by the Governor and shall hold their ARTICLE XIV.-JURISPRUDENCE. offices not longer than three years. SEC. 4. The enal Ass hall determine SECTION 1. The General Assembly, at its first the method of dividing the militia into divisions, whose-s d shall ute three Commeform simli bri ades, regiments, battalions and companies, and abrd th 1 f t lad brigades, regiments, battalions and companies whose-duty it shall be to revise, reform, simplify and fix the rank of all officers. and abrige the rues of practice, pleadings SEC. 5. The militia may be divided into forms and proceedings of the Courts of Record classes, in such manner as shall be prescribed of this State, and to provide, so far as practicaby law. ble and expedient, that justice shall be administered by intelligent and uniform praceedwin, SEC. 6. No person conscientiously opposed to tred by intelligent and uniform proceedings, bearing arms shall be compelled to do militia without anydistinctionbetweenlawandequity. duty; but such person- shall pay an equivalent SEC. 2. The proceedings of the Commissioners for such exemption, the amount to be prescribedhll be reported to the General Assembly, and by law. be subject to the action of that body. SEC. 7. The first General Assembly shall offer ARTICLE V.MI inducements for the formation, uniforming and ARTICLE XV-MISCELLANEOU drilling of independent volunteer companies in SECTION 1. The first General Assembly shall the different cities and counties in this State. locate the permanent seat of government. SEC. 2. Lotteries and thesale of lottery tickets ARTICLE XI.-FINANCE AND TAXATION. for any purpose whatever, shall forever be proSECTION 1. The General Assembly shall pro- hibited n the State. vide, by law, for uniform and equal rate of as- SEC. 3. N person shallbe elected or appointsessment and taxation; and taxes shall belevied ed to any office in this State unless they possess upon all such property, real and personal, as the the qualifications of an elector. General Assembly may, from time to time, pre- SEC. 4. There may be established in the Secrescribe; but all property appropriated and used tary of State's office a Bureau of Statistics and exclusively for municipal, literry, educational, Agriculture, under such regulations as may be scieutific or charitable purposes, onal cribed by law, and person all be made property to an amount not exceeding one hun- by the General Assembly for the organization dred dollars, for each head of a family, and all d encouragement of State and county Agriproperty appropriated and used exclusively for cultural Associations. religious purposes to an amount not exceeding SEC. 5. The first General Assembly shall pro$200,000, may, by general laws, be exempted from e y law fo securing to the wife the separate taxation. property acquired by her before or after coveSEC. 2. The General Assembly shall provideture, and the equal right with the husband to the by law for an annual tax sufficient to defray the custody of their children during their minority; estimated ordinary expenses of the State for each and in case of death, insanity, intemperance, or year, gross impropriety of the husband, their exclusive SEC. 3. Every law imposing a tax shall state custody. distinctly the object of the same, to which it shall be applied. ARTICLE XVI.-AMENDMENTS TO THE CONSTISEC. 4. On the passage, in either House of the TUTION. General Assembly, of any law which imposes, ECTIN propositions for amendments continues or renews a tax; or makes, continues to the Constitution sall be made by the General or renews an appropriation of public or trust s b m b money; or releases, discharges or commutes a ASaembly. claim or demand of the State, the question shall memers elected to ech Houe thal b e neces be taken by Yeas and Nays, Which shall be duly be taken by Yeas and Nays, which shall be duly members elected to each House shall be necesentered on thejournal; and three-fifths of all the say,afterwhichsuch proposed amendments shall be entered upon the journals with the Yeas members elected to such House shall, in all such sa n d u the journals with the Yeas cases, be required to constitute a quorum. and Nays, and the Secret of State shall cause cases', be. required the same to be published in at least one newsARTICLE XII-CONTY AD T P paper in each County in the State where a newsARTICLE XII-CUNTYAND T P OFFI paper is published, for at least six months preCERS. ceding the next election for Senators and RepSECTION 1. The General Assembly shall pro- resentatives, when such proposed amendments vide by law for the election of county, city, town shall be again referred to the Legislature elected and township officers. next succeeding said publication. If passed by SEC. 2. All officers whose election or appoint- the second Legislature, by a majority of twonent is not provided for by this Constitution thirds of the members elected to each House, shall be elected by the people, or appointed as such amendments shall be re-published as aforethe General Assembly may by law direct. said for at least six months prior to the next SEC. 3. Provision shall be made by law for the general election, at which election such proposed removal, for misconduct or malversation in office, amendments shall be submitted to the people for of all officers whose powers and duties are not their approval or rejection, and if the majority local or legislative, and who shall be elected at of the electors voting at such election shall general elections, and also for supplying vacan- adopt such amendments, the same shall becon e cies created by such remqyal. a part of the Constitution. SEC. 4. The Legislature may declare the cases SEC. 3. When more than one amendment is in which any office shall be deemed vacant, submitted at the same time, they shall be so subwhere no provision is made for that purpose in mitted as to enable the electors to vote upon this Constitution. each amendment separately. SEC. 4. No convention for the formation oi a ARTICLE XIII.-CORPORATION. new constitution shall be called, and no amendment to the Constitution shall be by the General SECTION 1. The General Assembly shall not Assembly made, before the year 1865, nor more create corporations by special act, except for than once in five years thereafter. municipal purposes. SEC. 2. Corporations may be formed under ARTICLE XVII.BANKS AND CURRENCY. general laws, but such laws may at any time be SECTION 1. NO banks shall be established altered or repealed, otherwise than under a General Banking Law. THE KANSAS-NEBRASKA STRUGGLE. 155 SEC. 2. If the General Assembly shall enact a proclamation of the same; and in case the Con. General Banking Law, such law shall provide stitution be ratified by the people, the Chairman for the registry and countersigning by the Au- of the Executive Committee shall cause publicaditor of State of all paper credit designed to be tion to be made by proclamation that an election circulated as money, with ample collateral se- will be held on the third Tuesday of January, curity, readily convertible into specie for the A.D. 1856, for Governor, Lieutenant-Governor, redemption of the same in gold or silver, shall be Secretary of State, Treasurer, Auditor, Judges required; which collateral security shall be of the Supreme Court, State Printer, Attorneyunder the control of the proper officer, or officers General, Reporter of the Supreme Court, Clerk of State. Such law shall restrict the aggregate of the Supreme Court, and Members of the Geneamount of all paper credit to be circulated as ral Assembly, which said election shall be held money, and the aggregate amount to be put in by the same Judges, under the same restrictions, circulation in any one year; and no note issued and conducted in the same manner as is hereinunder the provision of this section shall be of after provided for the election of Members of the a less denomination than ten dollars. General Assembly; and the Judges herein named SEC. 3. The stockholders in every bank or are hereby required, within ten days after said banking company shall be individually liable to election, to seal up and transmit duplicate copies an amount over and above their stock equal to of the returns of said election to the Chairman their respective shares of stock for all debts and of the Executive Committee, one of which shall liabilities of said bank or banking company. be laid before the General Assembly at its first SEC. 4. All bills or notes issued as money shall meeting. be at all times redeemable in gold or silver; and Fourth: At the same time and place,the qualino law shall be passed sanctioning, directly or fied voters shall, under the same regulations and indirectly, the suspension by any bank or bank- restrictions, elect a Member of Congress to reping company of specie payments. resent the State of Kansas in the XXXIVth -EC. 5. Holders of bank notes shallbe entitled, Congress of the United States; the returns of in case of insolvency, to preference of specie said election to be made to the Chairman of the payment over all other creditors. Executive Committee, who shall deposit the SEc. 6. No bank shall receive, directly or in- same in the office of the Secretary of State as directly, a greater rate of interest than shall be soon as he shall enter upon the discharge of the allowed by law to individuals loaning money. duties of his office. SEc. 7. Every bank or banking company shall Fifth: The General Assembly shall meet on be required to cease all banking operations the fourth day of March, A. D. 1856, at the City within twenty years from the time of its organi- of Topeka, at 12 M., at which time and place the zation, and promptly thereafter to close its busi- Governor, Lieutenant-Governor, Secretary of ness. State, Judge of the Supreme Court Treasurer, SEC. 8. The State shall not be a stockholder Auditor, State Printer, Reporter and Clerk of the in any bank or banking institution. Supreme Court, and Attorney-General shall apSEC. 9. All banks shall be required to keep pear, take the oath of office, and enter upon the offices and proper officers for the issue and re- discharge of the duties of their respective offices demption of their paper at some accessible and under this Constitution, and shall continue in ofconvenient point within the State. fice in the same manner and during the same SEC. 10. The said Banking law shall contain period they would have done had they been a provision reserving the power to alter, amend, elected on the first Monday of August, A. D. 1856. or repeal said law. [The Constitution then goes on to give the SEC. 11. At the time of submitting this Consti- boundaries of the Eighteen Election-Districts into tution to the electors for their approval or dis- which the State is to be divided, to apportion the approval, the articles numbered in relation to a Senators and Representatives, and to appoint General Banking Law shall be submitted as a the voting places and the Judges of election. distinct proposition in the following form: Gen- We subjoin the concluding sections:] eral Banking Law; Yes, or No; and if a majority of the votes cast shall be in favor of said article, INSTRUCTION TO JUDGES. then the same shall form a part of this Constitu- SEC. 7. The three Judges will provide for each tion; otherwise it shall be void and form no part poll ballot-boxes for depositing the ballots cast thereof. by electors; shall appoint two clerks, all of whom shall be sworn or affirmed to discharge the duties of their respective offices impartially and SCHEDULE. with fidelity; and the Judges and Clerks shall have power to administer the oath or affirmation In order that no inconvenience may arise from to each other; and the said Judges shall open the organization and establishment of a State said election at 9 o'clock A.., at the place desigGovernment, and that the wishes of the people nated in each precinct, and close the same at 6 may be fully accomplished, it is declared: o'clock P. x. In, case any of the officers apFirst: That no existing rights, suits, prosecu- pointed fail to attend, the officer or officers in attions, claims, and contracts shall be affected by tendance shall supply their places, and in the a change in the form of Government. event of all of them failing to attend the qualiSecond: That this Constitution shall be sub- fled voters shall supply their places, and the said mitted to the people of Kansas for ratification on Judges shall make ot4 duplicate returns of said the 15th day of December next. election, seal up and transmit the same within Third: That each qualified elector shall ex- ten days to the Chairman of the Executive Compress his assent or dissent to the Constitution by mittee, one copy of which is to be laid before voting a written or printed ticket labeled " Con- the General Assembly. If at the time of holding stitution" or " No Constitution," which election said election it shall be inconvenient, from any shall be held by the same Judges, and conducted cause whatever, that would disturb or prevent under the same regulations and restrictions as is the voters of any election-precinct in the Terri hereinafter provided for the election of Members tory from the free and peaceable exercise of the of the General Assembly, and the Judges therein elective franchise, the officers are hereby aunamed shall, within ten days after said election, thorized to adjourn said election into any other seal up and transmit to the Chairman of the Exe- precinct in the Territory, and to any other day cutive Committee of Kansas Territory the re- they may see proper, of the necessity of which sult of said election, who shall forthwith make they shall be the exclusive judges, at which iM6 THE STRUGGLE FOR SLAVERY RESTRICTION. time and placA the qualified voters may cast cation of the Kansas troubles, as also de. their votes. cidedly against Gov. Seward's proposition Sac. 8. Until otherwise provided by law, the dt. ree Sae, uder her Chairman of the Ex:ecutive Commitee of Kansas to a t Kansas as a Free State, under her Territory shall announce by proclamation the Topeka Constitution. Mr. Collamer, being result of the elections and the names of persons the minority of the Territorial Committee, elected to office. made a brief and pungent counts. report. SEc. 9. No person shall be entitled to a seat hr Doulald as in the first General Assembly at its organization Douglasgave notice that he would ask except the members whose names are contained for a final vote on the day after the next. in the proclamation of the Chairman of the Exe- July 1st. Bill debated by Messrs. cutive Committee; but after the General As- Thompson of Ky., Hale of N. H., Bigler of sembly is organized seats may be contested in Pa., Adams of Miss., and Crittenden of the usual way. SEC. 10. Certificates of indebtedness may be Ky. issued by the Territorial Executive Committee, July 2d.-Debate continued through the for all necessary expenses accruing in the forma- day and following night, the majority retion of the State Government, not exceeding sisting all motions to adjo. esr $25,000; provided no certificates shall be issue ons o adjourn. M rs. except for legitimate expenses. All claims shall Wade, Pugh, Biggs, Bigler, Toombs, Clay-.be made in writing, and shall be numbered and ton, Crittenden, Bell, Seward, Hale, and kept on file in the Seeretary's office, and all cer- nearly half the Senate participated. An tifictes of indtedness shall be signed by the amendment moved by Mr. Adams of Miss., President and Secretary, and countersigned by the day before, striknout so much of the the Teaur,er and numbered to correspond with day before, strikingout much of the the numbers of the claim or bill for which it was bill as secures the Right of Suffrage, in the issued. The certificate shall bear ten per cent. proposed reorganization of Kansas, to alien interest per annum. residents who shall have declared their in. Sc. ll. The first General Assembly shall pro tention to become citizens, and renounced wide by law for the redemption of the certificates of indebtedness issued undertheprovisions all allegiance to foreign governments, was of the foregoing section. adopted: Yeas 22; Nays 16, as follows: SaE. 12. Until the great seal of the State of YEAS-Messrs. Adams and Brown of Miss., Kansas is agreed upon and procured, as provi Bayard and Clayton of DelBigs and Reid of ded for in the eleventh section of the fifth article N. C., John Belt of Tenn., Brodhead of Penn., of tfis Constitution, the Oovernor shall use his C. C. Clay and Fitzpatrick of Ala., Collamer own private seal as the Seal of State., and Foot of Vt!, Crittenden and J. B. Thompson Sc. 13. At the election for the ratification of of Ky., Fessenden of Maine, Foster of Conn., this Constitution, aad the first election for State Geyer of Mo., Hunter and Mason of Va., Iverson officers, a representation in the Congress of the of Ga., Mallory and Yulee of Fla.-2. United States and members of the General As- NAYS-Messrs. Allen of R. I., Bigler of Pa., sembly of this State, an actual residence in the Butler and Evans of S. C., Bright of Ind., Cass Titorry of thirty days immediately preceding of Mich., Dodge of Wisc.,Douglas of Ill., Jones said election shall be sufficient as a qualific of Iowa, Pugh of Ohio, Sewardof N. Y., Slidell tion for the elector; and an actual residence of of La., Toombs of Ga., Weller of al., Wilson ninety days for the candidates, provided said of Mass., Wright of N. J.-16. election and candidates possess all the other qualifications required by the provisions of this Sometime in the morning of July 3rd, the Cnstitntion. following amendment, reduced to shape by SEC. 14. The first Legislature shall provide by Mr. Geyer of Mo., was added to the 18th law for the enforcement of the provisions of the section of the billonly Brown of Miss., 6th section of the Bill of Rights on or before the 4th day of July, 1857, as to all persons in the Fitzpatrick of Ala., and Mason of Va., Territory before the adoption of this Constitu- voting against it: Yeas 40. It provides tin, and as to all others, the provisions of said that seetion shall operate from and after the ratifica- No law shall be made or have force or effect,don of this Constitution by tha wnna ~^ ^^ ^^ De made or have force oreffect tion of this Constitution by the people. atfain said Territory [of Kansas] which shall require ROBERT KLOTZ, W. GRAHAM, any attestation or oath to support any act of ConM. J. PARROTT, MORRIS EIUNT, gress or other legislative act, as a qualification for M. W. DEAIIAYT, a H. NEOLLT, any civil office, public trust, or for any employG. S. HILLIYER, DAVID DODGP,, G. S. HILL.YER, DAVID DODGR, ment or profession, or to serve as a juror, or vote WMs. HICKS, J. A. WAKEFIELD, at an election, or which shall impose any tax S. N. LAT rA, W. Y. ROBERTS, upon, or condition to, the exercise of the right of JOHN LANDIS, G. W. SMITH, suffrage, by any qualified voter, or which shall H. BURSON. J. G. THOMPSON. restrain or prohibit the free discussion of any C. W. STrE WART, G.. CUTLER, law or subject of legislation in the said Territory, J. L. SAYLE, J M. T. UTON, or the free expression of opinion thereon by the CALEB MAY,! THOIMAS BELL, people of said Territory." S M EWHINY, R. H. CROSBY. An amendment proposed by Mr. Clayton, A. HURTISS, C. ROBiNsONR to the same effect as the above, but rather R. KNIGHT, M. F. CONWA Y, more comprehensive in its terms, was super0. C. BROWN, J. S. EIRY,. seded byo t i he foregoing, by J. H. LANE, President. SAi. C. SMITH, Secretary, a party vote: Yeas 34; Nays 11 [FreeCHARtES A. FOSTER, Assistant Secretary. State men]. -.....l. TMr. Trumbull of Ill. moved the followJune 30th.-Mr. Douglas reported to the ing: Senate on several bills submitted by Messrs. "And be it frther enacted, That it was the Clayton, Toombs, and others, for the pacifi- true intent an meaning of the' act to organize THE KA\NSAS-NEIBRASKA STRUGGLE. l57 the Territories of Nebraska and Kansas,' not to lamer, Durkee, Fessenden, Foot, Foster, Hale, legislate slavery into Kansas, nor to exclude it Seward, Trumbull, Wade, and Wilson-11. therefrom, but to leave the people thereof per- NAYS-Messrs. Adams, Allen, Bayard, Bell fectly free through their Territorial Legislature of Tennessee, Benjamin, Btggs, Bigler, Bright, to regulate the institution of slavery in their Brodhead, Brown, Cass, Clay, Crittenden, own way, subject only to the Constitution of Dodge, Douglas, Evans, Fitzpatrick, Geyer, the United States, and that, until the Territorial Hunter, Iverson, Johnson, Jones of Iowa, MalLegislaturv, acts upon the subject, the owner of lory, Mason, Pratt, Pugh, Reid, Sebastian, Slia slave in one of the States has no right or au- dell, Stuart, Thompson of Kentucky, Toombs, thority to take such slave into the Territory of Toucey, Weller, Wright, and Yulee-36. Kansas, and there hold him as a slave; but every slave taken to the Territory of Kansas Mr. Foster of Conn.moved the following by his owner for purposes of settlement is here- amendment: by declared to be free, unless there is some valid " SEC.-. And be it further enacted, That, unact of a duly constituted Legislative Assembly til the inhabitants of said Territory shall proceed of said Territory, under which he may. be held to hold a convention to form a State constituas a slave." tion according to the provisions of this act, and The Yeas and Nays being ordered, the "s long as said Territory remains a Territory, the following sections contained in chapter one proposition was voted down-Yeas 9; hundred and fifty-one, in the volume transmitted Nays 34-as follows: to the Senate by,the Presidefit of the United YEAS-Messrs Durkee, Fessenden, Foot, States, as containing the laws of Kansas, be, and Foster, Hale, Seward, Trumbull, Wade, and the same are hereby, declared to be utterly null Wilson-9. and void, viz.: NAYS-Messrs. Adams, Allen, Bayard, Bell "*SEc. 12. If any free person, by speaking or by writof Tennessee, Benjamin, Biggs, Bigler, Bright, ing, assert or maintain that persons have not the Brodhead, Brown, Cass, Cl'ay, Crittenden, right to hold slaves in this Territory, or shall introDodge, Douglas, Evans, Fitzpatrick, Geyer duce into this Territory any book, paper, magazine, Hunter, Iverson, Johnson, Jones of Iowa. Mallo pamphlet, or circular, containing any denial of the lHunter, Iverson, Johnson, Jones of Iowa. Mallo-right of persons to hold slaves in this Territory, such ry, Pratt. Pugh, Reid, Sebastian, Slidell, Thomp- persons shall be deemed guilty of felony, and punishson of Kentucky, Toombs, Toucey, Weller, ed by imprisonment at hard labor for a term of not Wright, and Yulee-34. less than two years. " * Sec. 13. No person who is conscientiously opposed Mr. Trumbull then proposed the follow- to holding slaves, or who does not admit the right to in~ong:.~ h.*~ ehold slaves in this Territory, shall sit as a juror on l 2ng:ot~~~ *. ~the trial of any prosecution for the violation of any " And be it further enacted, That the provi- one of the sections of this act."' sion in the' act to organize the Territores This was rejected [as superfluous, or Nebraska and Kansas,' which declares it to br n' the true intent and meaning' of said act'not.to covered by a ormer amendment,l as fol legislate slavery into any Territory or State, nor iows: to exclude it therefrom, but to leave the people YEAS-Messra. Allen, Bell of New.Hamp thereof perfectly free to form and regulate their shire Clayton, Collamer, Durkee, Fessenden, domestic institutions in their own way, subject Foot Foster, Hale, Seward, Trumbull, Wade, only to the Constitution of the United States,' and Wilson-13 was intended to, and does, confer upon, or leave NAYS-Messrs. Bayard, Benjamin, Biggs to, the people of the Territory of Kansas full Bigler, Bright, Brodhead, Brown, Cass, Cay, power, at any time, through its Territorial Legis- Dodge, Douglas, Evans, Fitzpatrick, Geyer, lature, to exclude slavery from said Territory or Hunter, Iverson,Johnson, Jones of Iowa, Mal to recognize and regulate it therein." lory, Mason, Pratt, Pugh, Reid, Sebastian, Sli, This, too, was voted down, as follows: dell, Stuart, Thompson of Kentucky, Toombs, This, too, was vote, lof as n -follows. Toucey, Weller, Wright, and Yulee-32. YEAS-Messrs. Allen, Bell of New-Hampshire, Collamer, Durkee, Fessenden, Foot, Fos- Mr. Collamer of Vt. proposed the followter, Hale, Seward, Trumbull, and Wade —1. in: NAYS-Messrs. Adams, Bayard, Benjamin, NAYS —Messrs. Adama, Bayard, Benj^amin, And be it further enacted, That until the peo. rBiggs, Biger, Brigt, Brodhead, Brown, Cass, ple of said Territory shall form a constitution Clay, Crittenden, Dodge, Douglas, Evans, Fit- goverme, and be admitted into the and State government, and be admitted into the patrick, Geyer, Hunter, Iverson, Johnson, Jones Union under the provisions of this act, there Union under the provisions of this act, there of Iowa, Mallory, Mason Pratt, Pugh, Reid, Se- shall be neither slavery nor involuntary servibastian, Slidell, Stuart, lhompson of Kentucky, tude in said Territory, otherwise than in punishToombs, Toucey, Weller, Wright, and Yulee- mnt of crimes whereof the party shall have been duly convicted: Provided always, That Mr. Trumbull then proposed the follow- any person escapin into the same fromwho labor or service is lawfully claimed in any State ing: such fugitive may be lawfully reclaimed and And be it further enacted, That all the acts conveyed to the person claiming his or her serand proceedings of all and every body of men vice or labor as aforesaid. heretofore assembled in said Territory of Kan- This was voted down as follows: sas, and claiming to be a Legislative Assembly thereof, with authority to pass laws for the gov- YEAS-Messrs. Bell of New-Hampshlre, Colernment of said Territory, are hereby declared lamer Fessenden, Foot, Foster, Hale, Seward, to be utterly null and void. And no person shall Trumbull, Wade, and Wilson-10. hold any office, or exercise any authority or ju- NAYS-Messrs. Bayard, Bell of Tennessee, risdiction in said Territory, under or by virtue Benjamin, Biggs, Bgler, Bright, Brodhead, of any power or authority derived from such Brown, Cass, Clay, Clayton, Crittenden, Dodge, Legislative Assembly; nor shall the members Douglas, Evans, Fitzpatrick, Geyer, Hunter, thereof exercise any power or authority as such. Iverson, Johnson, Jones of Iowa, Mallory, MaThis, too, was voted down, as follows: son, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart This,too,wasvoteddown,asfollows: Thompson of Kentucky, Toombs, Toucey, We YEAS-Messrs. Bell of New-Hampshire, Col- ler, Wright, and Yulee-35. 158 THE STRUGGLE FOR SLAVERY RESTRICTION. Mr. Wilson of Mass. moved that the SEC. 2. And be itfurther enacted, That it shall whole bill be stricken out and another in- be the duty of said commissioners, under such serted instead, repealing all the Territorial regulatons the ece e ul and fait prescribe, to cause to be made a fell and faithful laws of Kansas. enumeration of the legal voters resident in each Rejected: Yeas 8, (Bell of N. H., Colla- county in the said Territory on the fourth day of mer, Durkee, Fessenden, Foster, Seward, July, eighteen hundred and fifty-six, and make Wade and Wilson;) Nays 35. returns thereof during the month of August next, e anad W son,) ays d. or as soon thereafter as practicable, one of which Mr. Seward moved to strike out the whole returns shallbe made to the office of the Secretary bill, and insert instead one admitting Kan- of the Interior, and one to the secretary of the sas as a Free State, under the Topeka Con- Territory of Kansas, and which shall also exhibit stitution: Defeated-Yeas 11; Nays 36- the names of all such legal voters, classed in summon.'eieae -I eas isuch manner as shall be prescribed by the reguas follows: lations of the Secretary of the interior. YEAS-Messrs. Bell of New Hampshire, Col- SEC. 3. And be it further enacted, That it shall lamer, Durkee, Fessenden, Foot, Foster, Hale, be the duty of the Secretary of the Interior, imSeward, Trumbull, Wade, and Wilson-11. mediately after the passage of this act, to preNAYS-Messrs. Allen, Bayard, Bell of Ten- scribe regulations and forms to be observed in nessee, Benjamin, Biggs, Bigler, Bright, Brod- making the enumeration aforesaid, and to furnish head, Brown, Cass, Clay, Clayton, Crittenden, the same with all necessary blanks to each of the Dodge, Douglas, Evans, Fitzpatrick, Geyer, commissioners as soon as may be after their ap. Hunter, Iverson, Johnson, Jones of Iowa, Mal- pointment; and the commissioners shall meet lory, Mason, Pratt, Pugh, Reid, Sebastian, Sli- without delay at the seat of government of Kandell, Stuart, Thompson of Kentucky, Toombs, sas Territory, and proceed to the discharge of Toucey, Weller, Wright, and Yulee-36. the duties herein imposed upon them, and apThe bill was now reported as amended, point a secretary to the board and such other and te ill wamendment made in Committee of persons as shall be necessary to aid and assist and the amendment made in Committee of them in taking the enumeration herein provided the Whole concurred in. The bill was for, who must also be duly sworn faithfully, imthen (8 A. M.) ordered to be engrossed and partially, and truly to discharge the duties asread a third time; and, on the question of signed them by the commissioners S EC. 4. And be it flurther enacted, That said its final passage, the vote stood-Yeas 33; board of commissioners shall, so soon as said Nays 12-as follows: census shall be completed and returns made, YEAS-Messrs. Allen, Bayard, Bell of Ten- proceed to make an apportionment of the memnessee, Benjamin, Biggs, Bigler, Bright, Brod- bers for a convention, among the different counhead, Brown, Cass, Cay, Crttenden, Douglas ties in said Territory, in the following manner: Evans, Fitzpatrick, Geyer, Hunter, Iverson, The whole number of legal voters shall be dividJohnson, Jones of Iowa, Mallory, Pratt, Pugh, ed by fifty-two, and the product of such division, Reid, Sebastian, Slidell, Stuart, Thompson of rejecting any fraction of a unit, shall be the ratio Kentucky, Toombs, Toucey, Weller, Wright, or rule of apportionment of members among the and Yulee-33. several counties; and if any county shall not NAYS-Messrs. Bell of New-Hampshire, Col- have a number of legal voters, thus ascertained, lamer, Dodge, Durkee, Fessenden, Foot, Fos- equal to the ratio, it shall be attached to some ter, Hale, Seward, Trumbull, Wade, and Wilson adjoining county. and thus form a representative -12. district, the number of said voters in each counThe bill n st to te H e in ty or district shall then be divided by the ratio, ~The bill was then sent to the Mf ouse in and the product shall be thenumberof representathe following shape: tives apportioned to such county or district: Provided, That the loss in the number of memAN ACT bers caused by the fractions remaining in the To authorize the people of the Territory of Kansas to several counties, in the division of the legal form a constitution and State government prepara- voters thereof, shall be compensated by assigntory to their admission into the Union on an equal ing to so many counties as have the largest footing with the original States. fractions an additional member for its fraction, Be it enacted by the Senate and House of Rep- as may be necessary to make the whole number resentatives of the United States of America in of representatives fifty-two. Congress assembled, That, for the purpose of SEC. 5. And be it further enacted, That the making an enumeration of the inhabitants, au- said board, immediately after the apportionment thorized to vote under the provisions of this act, of the members of said convention, shall cause an apportionment and an election of members of a sufficient number of copies thereof and of the a convention to form a State constitution for returns of the census (specifying the name of Kansas, as hereinafter provided, five competent each legal voter in each county or district) to be persons shall be appointed by the President, by published and distributed among the inhabitants and with the advice and consent of the Senate, of the several counties, and shall transmit one to be commissioners, a majority of whom shall copy of the said apportionment and census, duly constitute a quorum for the purpose of carrying authenticated by them, to each clerk of a court into effect the provisions of this act, each of of record within the Territory, who shall file the whom, before entering upon the duties of his same, and keep open to the inspection of every office, shalltake and subscribe an oath or affirma- inhabitant who shall desire to examine it, and tion that he will support the Constitution of the shall also cause other copies to be posted up in United States, and faithfully and impartially ex- at least three of the most public places in each ercise and discharge the duties enjoined on him voting precinct, to the end that every inhabitant by this act, according to the best of his skill and may inspect the same, and apply to the board to judgment, which oath or affirmation shall be ad- correct any error he may find therein, in the ministered to them severally, and be duly certi- manner hereinafter provided. fled by a judge, clerk, or commissioner of a SEC. 6. And be it further enacted, That said court of the United States, and filed and recorded board shall remain in session each day, Sundays in the office of the Secretary of the Territory of excepted, from the time of making said apporKansas. tionment until the twentieth day of October THE KANSAS-NEBRASKA STRUGGLE.'59 next, at such places as shall be most convenient of a contest, in which it cannot be satisfactorily to the inhabitants of said Territory, and shall determined who was duly elected, said commisproceed to the inspection of said returns. and sioners shall order a new election in like manner hear, correct, and finally determine according to as is herein provided. Upon the completion of the facts, without unreasonable delay, under these duties the said commissioners shall return proper regulations to be made by the board, for to Washington, and report their proceedings to the ascertainment of disputed facts concerning the Secretary of the Interior, whereupon said said enumeration, all questions concerning the commission shall cease and determine. omission of any person from said returns, or the SEC. 11. And be it further enacted, That improper insertion of any name on said returns, every white male citizen of the United States and any other question affecting the integrity or over twenty-one years of age, who may be a fidelity of said returns, and for this purpose the bonafide inhabitant of said Territory on the fourth said board and each member thereof shall have day of July, eighteen hundred and fifty-six, and power to administer oaths and examine wit- who shall have resided three months next before nesses, and compel their attendance in such said election in the county in which he offers to manner as said board shall deem necessary. vote, and no other persons whatever shall be enSEc. 7. And be it farther enacted, That as titled to vote at said election, and any person soon as the said lists of legal voters shall thus qualified as a voter may be a delegate to said have been revised and corrected, it shall be the convention, and no others; and all persons who duty of said board to cause copies thereof to be shall possess the other qualifications for voters printed and distributed generally among the in- under this act, and who shall have been bona habitants of the proposed State, and one copy fide inhabitants of said Territory at any time since shall be deposited with the clerk of each court of its organization, and who shall have absented record within the limits of the proposed State, themselves therefrom in consequence of the disand one copy delivered to each judge of the turbances therein, and who shall return before the election, and at least three copies shall be posted first day of October next and become bona Jide up at each place of voting. inhabitants of the Territory with the intent of SEC. 8. And be it further enacted, That an making it their permanent home, and shall preelection shall be held for members of a conven- sent satisfactory evidence of these facts to the tion to form a constitution for the State of Kan- board of commissioners, shall be entitled to vote sas, according to the apportionment to be made at said election, and to have their names placed aforesaid, on the first Tuesday after the first on said corrected list of voters for that purpose Monday in November, eighteen hundred and and to avoid all conflict in the complete execufifty-six, to be held at such places and to be con- tion of this act, all other elections in said Terriducted in such manner, both as to persons who tory are hereby postponed until such time as said shall superintend such election and the returns convention shall appoint. thereof as the board of commissioners shall ap- SEC. 12. And be it farther enacted, That the point and direct, except in cases by this act said commissioners, and all persons appointed otherwise provided; and at such election no per- by them to assist in taking the census, shall son shall be permitted to vote unless his name have power to administer oaths and examine shall appear on said corrected lists. persons on oath in all cases where it shall be SEC. 9. And be it further enacted, That the necessary to the full and faithful performance board of commissioners shall have power, and it of their duties under this act; and the secretary shall be their duty, to make all needful rules and shall keep a journal of the proceedings of said regulations for the conduct of the said election board, and transmit copies thereof from time to and the returns thereof. They shall appoint time to the Secretary of the Interior; and when three suitable persons to be judges of the elec- said commissioners shall have completed the tion at each place of voting, and prescribe the business of their appointment, the books and mode of supplying vacancies. Theyshall cause papers of the board shall be deposited in the copies of the rules and regulations, with a notice office of the Secretary of the Territory and there of the places of holding elections and the names kept as records of his office. of the judges, to be published and distributed in SEc. 13. And be it further enacted, That if every election-district or precinct ten days be- any person by menaces, threats, or force, or by fore the day of election, and shall transmit a copy any other unlawful means, shall directly or inthereof to the clerk of each court of record, and directly attempt to influence any qualified voter one copy to each judge of election. in giving his vote, or deter him from going to SEC. 10. And be it further enacted, That the the polls, or disturb or hinder him in the free judges of election shall each, before entering on exercise of his right of suffrage at said election, the discharge of his duties, make oath or affirma- the person so offending shall be adjudged guilty tion that he will faithfully and impartially dis- of a misdemeanor, and punished by fine of not charge the duties of judge of the election accord- less than two hundred and fifty dollars, nor exing to law, which oath may be administered by ceeding five hundred dollars, or by imprisonany officer authorized by law to administer ment of not less than three months, nor exceeding oaths. The clerks of election shall be appointed one year, or by both. by the judges, and shall take the like oath or SEC. 14. Andbe it furtherenacted, That every affirmation, to be administered by one of the person, not being a qualified voter according to judges or by any of the officers aforesaid. Dupli- the provisions of this act, who shall vote at any cate returns of election shall be made and certi- election within the said Territory, knowing that fied by the judges and clerks, one of which shall he is not entitled to vote, and every person who be deposited in the office of the clerk of the tri- shall, at the same election, vote more than once, bunal transacting county business for the county whether at the same or a different place, shall be in which the election is held, and the other shall adjudged guilty of a misdemeanor, and be punishbe transmitted to the board of commissioners, ed by fine of not less than one hundred dollars, whose duty it shall be to decide, under proper nor exceeding two hundred and fifty dollars, or regulations to be made by themselves, who are by imprisonment not less than three months, nor entitled to certificates of election, and to issue exceeding six months, or both. such certificates accordingly, to the persons who, SEC. 15. And be it further enacted, That any apon examination of he returns and of such person whatsoever who may be charged with proofs as shall be adduced in case of a contest, holding the election herein authorized, who shall shall appear to have been duly elected in each willfully and knowingly commit any fraud or ircounty or district: Provided, In case of a tie or regularitywhatever,with the intentit to hinder, or ItO6 THE STRUGGLE FOR SLAVERY RESTRICTION. prevent, or defeat a fair expression of the popu- nature and cause of the accusation; to be conlar will in the said election, shall be guilty of a fronted with the witnesses against him; to have misdemeanor, and punished by fine not less than compulsory process of obtaining witnesses in hie five hundred dollars, nor exceeding one thousand favor, and to have the assistance of counsel for dollars, and imprisonment not less than six his defense. The privilege of habeas corpus shall months, nor exceeding two years, or both, at not be suspended, unless when in case of rebel. the discretion of the court. lion or invasion, the public safety may require SEC. 16. And be it further enacted, That the it. Xn suits at common law, where the value in delegates thus elected shall assemble in conven- controversy shall exceed twenty dollars, the tion at the capitol of said Territory on the first right of trial by jury shall be preserved, and Monday in December next: and when so as- no fact tried by jury shall be otherwise re-exsenibled, shall first determine by a majority of amined in any court of the United States than acthe whole number of members elected whether cording to the rules of the common law. Excesit be or be not expedient at that time to form a sive bail shall not be required, nor excessive fines constitution and State government; and if deem- imposed, nor cruel and unusual punishments ed expedient, shall proceed to form a constitution inflicted. No law shall be made or have force and State government, which shall be republican or effect in said Territory which shall require a in its'1orm, for admission into the Union on an test oath or oath to support any act of Congress or equal footing with the original States in all other legislative act as a qualification for any respects whatever, by the name of the State of civil office or public trust, or for any employKansas, with the following boundaries, to wit: ment or profession, or to serve as a juror, or vote beginning on the western boundary of the State at an election, or which shall impose any tax of Missouri, where the thirty-seventh parallel of upon or condition to the exercise of the right of north latitude crosses the same, then west on suffrage by any qualified voter, or which shall said parallel to the one hundred and third meri- restrain or prohibit the fiee discussion of any dian of longitude, then north on said meridian law or subject of legislation im the said Territory, to the fortieth parallel of latitude, then east or the free expression of opinion thereon by the on said parallel of latitude to the western bound- people of said Territory. ary of the State of Missouri, then southward SEC. 19. And be it further enacted, That the with said boundary to the beginning; and following propositions be, and the same are until the next congressional apportionment the hereby, offered to the said convention of the said State shall have one representative in the people of Kansas for their free acceptance or House of Representatives of the United States. rejection, which. if accepted by the convention, SEc. 17. And be it further enacted, That said shall be obligatory on the United States and commissioners shall receive, as their compensa- upon the said State of Kansas, to wit: tion, ten dollars per day during their attendance First. That sections numbered sixteen and on the business of said commission, beginning thirty-six in every township of public lands in on the day they depart from home, and their said State, and where either of said sections or actual expenses, and said secretary of the board any part thereof has been sold or otherwise been the sum of eight dollars per day, computed in disposed of, other lands, equivalent thereto and like manner, and his expenses, and the said as contiguous as may be, shall be granted in assistants, for taking the census, shall receive said State for the use of schools. such reasonable compensation as the board shall Second. That seventy-two sections of land deem just and equitable. shall be set apart and reserved for the use and SEc. 18. And be it further enacted, That in- support of a State university, to be selected by asmuch as the Constitution of the United States thb Governor of said State, subject to the approval and the organic act of said Territory have secured of the Commissioner of the General Land Office, to the inhabitants thereof certain inalienable and to be appropriated and applied in such manrights of which they cannot be deprived by any ner as the legislature of said State may prelegislative enactment, therefore no religious scribe for the purpose aforesaid, but for no other test shall ever be required as a qualification to purpose. any office or public trust; no law shall be in'1ird. That ten entire sections of land, to be force or enforced in said Territory respecting an selected by the governor of said State, in legal establishment of religion, or prohibiting the free subdivisions, shall be granted to said State for exercise thereof; or abridging the freedom of the purpose of completing the public buildings, speech, or of the press; or of the right of the or for the erection of others at the seat of govpeople peaceably to assemble, and petition for ernment, under the direction of the legislature the redress of grievances; the right o the people thereof. to be secure in their persons, houses, papers, and Fourth. That all salt prings within said effects against unreasonable searches and seiz- State, not exceeding twelve in number, with six ures shall not be violated; and no warrant sections of land adjoining, or as contiguous as shall issue but upon probable cause, supported may be to each, shall be granted to said State by oath or affirmation, and particularly describ- for its use; the same to be selected by the goving the place to be searched, and the person or ernor thereof within one year after the admisthings to be seized; nor shall the rights of the sion of said State, and, when so selected, to be people to keep and bear arms be infringed. No used or disposed of on such terms, conditions, person shall be held to answer for a capital or and regulations as the legislature shall direct otherwise infamous crime, unless on a present- Provided, That no salt spring or land, the right ment or indictment of a grand jury; nor shall whereof is now vested in any individual or indiany person be subject for the same offense to be viduals, or which may be hereafter confirmed twice put in jeopardy of lifeor limb; nor shall be or adjudged to any individual or individuals, compelled in any criminal case to be a witness shall y ti is article be granted to said State. against himself, nor be deprived of life, liberty, Fifth. That five per centum of the net proor property without due process of law; nor shall ceeds of sales of all public lands lying within private property be taken for public use with- said State, which shall be sold by Congress after out just compensation. In all criminal prosecu- the admission of said State into the Union, after tion, the accused shall enjoy the right to a speedy deducting all the expenses incident to the same, and public trial by an impartial jury of the district shall be paid to said State, for the purpose of wherein the crime shall have been committed, making public roads and internal improvements, which district shall have been previously as- as the legislature shall direct: Piovided, The certained by law, fnd to be informed of the foregoing propositions herein offered are on the THE KANSAS-NEBRASKA STRUGGLE. 161 condition, that the said convention which shall many of its provisions with those of otheb form the constitution of said State shall provide, bills organizing Territories contained in by a clause in said constitution, or an ordinance, v d frm q g irrevocable without the consent of the United th volume, dissuade us from quoting it States, that said State shall never interfere with entire. It provides for a legislative electhe primary disposal of the soil within the same, tion on the first Tuesday.in November next; by the United States, or with any regulations and section 7 proceeds: Congress may find necessary for securing the title in said soil to bona ide purchasers thereof, But it shall not be competent for said Legislaand that no tax shall be imposed on lands be- tive Assembly to pass any ex post facto law, or longing to the United States, and that in no case law impairing the validity of contracts; nor any shall non-resident proprietors be taxed higher law in abridgment of the freedom of speech or than residents. of the press, or to deprive any one of the right of SEC. 20. And be it further enacted, That the trial by jury, or of the writ of habeas corpus; President be, and is hereby, authorized and nor anylaw requiring any property qualification, empowered, upon application of the said board or religious test, for the right to vote, hold office, of commissioners, to employ such military force, or practice law, or serve on juries, in any Court according to existing laws, as he shall deem of Justice; neither shall any person, to be entinecessary to secure the faithful execution of the tled to any of said privileges, be required to take provisions of this act. an oath or affirmation to support any law other Passed the Senate, July 2, 1856. than the Constitution of the United States. Attest; ASuRY DIcKIN Nor shall cruel or unusual punishments be alAttest; ASBURY DIcreary, lowed, nor reasonable bail be refused to any person accused of any crime except treason and The bill was never acted on in the. House, hmurder, nor in the latter case unless the proof is The bill was never acted on in the. House, evident or the presumption great. evident or the presumption great. but lay on the Speaker's table, untouched, * * when the session terminated by adjournment, Sec. 15. And be it further enacted, That all Monday, Aug. 18th. suits, processes, and proceedings, civil and July 8th.-In Senate, Mr. Douglas re- criminal, at law and in chancery, and all inported back from the Committee on Terri- dictments and informations which shall be pending and undetermined in the courts of the Terril tories the House bill to admit Kansas as a tory of Kansas or of New-Mxeico, when this act State, with an amendment striking out all shall take effect, shall remain in said courts after the enacting clause, and inserting in- where pending, to be heard, tried, prosecuted, and stead the Senate bill (No. 356) just given. determined in such c6urts as though this act had th S b ( not been passed: Provided, nevertheless, That Mr. Hale of N. H. moved to amend this all criminal prosecutions now pending in any of substitute by providing that all who migrate the courts of the Territory of Kansas imputing to to the Territory prior to July 4th, 1857, any person or persons the crime of treason shallbe entitled to a vote in determining against the United States, and all criminal prosecutions, by information or indictment, against the character of the institutions of Kansas: any person or persons for any alleged violationl Lost; Yeas 13; Nays 32. or disregard whatever of what are usually known Mr. Trumbull, of Ill. moved that all as the lawsof the Legislature of Kansas, shall be the Territorial laws of Kansas be repealed forthwith dismissed by the courts where such and the Territorial officers dismissed: Re- prosecutions may be r ending, and every person who may be restrained of his liberty by reasoii of jected; Yeas 12; Nays 32. said prosecutions, shall be released therefrom Mr. Collamer of Vt. proposed an amend- without delay. Nor shall there hereafter be instiment, prohibiting Slavery in all that por- tuted any criminal prosecution, in any of the tion of the Louisiana purchase north of courts of the United States, or of said Territory, tion of the Louisiana tpurchase north of against any person or persons for any such 36~ 30' not included in the Territory of charge of treason in said Territory prior to the Kansas: Rejected-Yeas 12; Nays 30-as passage of this act, or any violation or disregard follows of said Legislative enactments at any time. Sec. 16. And be it further enacted, That all YEAS -Messrs. Bell of N. H., Collamer, justices of the peace, constables, sheriffs, and all Dodge, Fessenden, Fish, Foot, Foster, Hale, otherjudicial and ministerial officers, who shall Hamlin, Seward, Trumbull and Wade. be in office within the limits of said Territory. NAYS-Messrs. Adams, Bayard, Benjamin, when this act shall take effect, shall be, and they Biggs, Bright, Brodhead, Butler. Cass, Clay, are hereby, authorized and required to continue Crittenden, Douglas, Fitzpatrick, Geyer, Hunter, to exercise and perform the duties of their reIverson, Johnson, Jones of Iowa, Jones of Tenn., spective offices as officers of the Territory of Mallory, Mason, Pearce, Pugh, Reid, Sebastian, Kansas, temporarily, and until they, or others, Slidell, Stuart, Thompson of Ky., Toombs, Wel- shall be duly appointed and qualified to fill their er and Yulee. places, in the manner herein directed, or until their offices shall be abolished. The substitute reported by Mr. Dougla Sec 2 was then agreed to: Yeas 32; Nays 13and the bill in this shape passed. of preemption to the quarter-section of public [This amendment was not concurred in land improvedand occupied by him in said Ternor ever acted on by the House.] ritory of Kansas, prior to Jan. 1st, 1858. July 29th. —Mr. Dunn of Ind. called up The two last and most important sections a bill " To reorganize the Territory of Kan- of Mr. Dunn's bill are verbatim as follows: sas and for other purposes," which he had., originally (July 7th) proposed as a substi- Sec. 24. And be it further enacted, That so much of the fourteenth section, and also so much tute for Senate bill (No. 356) aforesaid. of the thirty-second section, of the act passed at Its length, and the substantial identity of the first session of the thirty-third Congress, 11 162 THE STRUGGLE FOR SLAVERY RESTRICTION. commonly known as the Kansas-Nebraska act, Knapp, Knight, Knowlton, Knox, Kunkel, Matas reads as follows, to wit: " Except the eighth teson, M'Carty, Miller, Moore, Morgan, Morrill, section of the act preparatory to the admission Nichols, Norton, Oliver, Parker, Pelton, Perry, of Missouri into the Union, approved March 6, Pettit, Pringle, Purviance, Ritchie, Sabin, Sage, 1820, which being inconsistent with the principle Sapp, Sherman, Simmons, Spinner, Stanton, of non-intervention by Congress with Slavery in Stranahan, Tappan, Thurston, Todd, Trafton, the States and Territories as recognized by the Wade, Wakeman, Walbridge, Waldron, Washlegislation of 1850, commonly called the Corn- burne of Ill., Washburn of Me., Watson, promise Measures, is hereby declared inopera- Welch, Wells, Wood, Woodruff, Woodworthtive and void; it being the true intent and mean- 88. ing of this act not tolegislate Slavery into any S s, r Territory or State, nor t excludeit therefrom,but NAYS-Messrs. Aiken, Barksdale, Bell to leave the people thereof perfectly free to form Bowie, Branch, Broom, Burnett, Camp bell of and regulate their domestic institutions in their entucky, Carlile, Caruers, CskieCobb of own way, subject only to the Constitution of Ga., obbof Ala.,Cox, Crai Crawfod, Culthe United States: Provided, That nothing len, Davidson, Davis of Md., Denver, Dowdell, herein contained shall be construed to revive Edmundson,English, Faulkner, Foster, Goode, or put in force any law or regulation which may Greenwood, Harris of Md., Harris of Ala., Harris have existed prior to the act of 6th March, 1820, of Illinois, Houston, Jewett, Jones of Tenn., either protecting, establishing, prohibiting, or Jones of Penn., Kennett, Kidwell, Lake, Leiter, abolishing Slavery"-be and the same is hereby Lumpkin, H. Marshall of Kentucky, Marshall of repealed, and the said eighth section of said act of Illinois, Maxwell, Miller of Indana, Millson, the6th of March, 1820, s hereby revived and de- Packer, Peck, Phelps, Powell, Puryear, Quitlared to be in full force and effect within the said ma, Reade, Ready Ricud, River Ruffin Territories of Kansas and Nebraska: Provided, Savage, Shorter, Smith of Tenn., Smith of Va., however, That any person lawfully held to ser- Sneed, Stephens, Se w art,Swope, aylor, vice-ii either of said Territories shall not be dis-rip, n oo, W e, Warner chariged from such service by reason of such re- Watkins, Winslow, Wright of Miss., Wright of peal aid revival of said eighth section, if such Tenn., and Zollicoffer-74. personi shall be permanently removed from such Territory or Territories prior to the 1st day of This bill was not acted on by the Senate. January, 1858; and any child or children born The House in the course of its action on the in either of said Territories, of any female law- severalAnnual Appropriation bills, affixed to fully held to service, if in like manner re- several of them, respectively, provisos, abolmoved without said Territories before the expiration of that date, shall not be, by reason of any- ishing repealing, or suspending the various thing in this act, emancipated from any service obnoxious acts of the Territorial Legisla it might have owed had this act never been ture; but all these were resisted by the Senpassed: And provided further, That any per- ate and were ultimately given up by the son lawfully held to service in any other State or Territory ot the United States, and escaping into ouse,save one appropriating $,000for either the Territory of Kansas or Nebraska, may the pay and expenses of the next Territorial be reclaimed and removed to the person or place Legislature, which the Senate gave up, on where such service is due, under any law of the finding itself in serious disagreement with United States which shall be in force upon the subject.' the House, and thus secured the passage of subjecte T Sec. 25. And be it further enacted, That all the Civil Appropriation bill. Finally the two other parts of the aforesaid Kansas-Nebraska Houses were at odds, on a proviso forbidding act which relate to the said Territory of Kansas, the employment of the Army to enforce the and every other law or usage having, or which acts of the Shawnee Msson assemblae, is pretended to have, any force or effect in as of te S e M i said Territory in conflict with the provisions or claiming to be a Territorial Legislature of the spirit of this act, except such laws of Con- Kansas, when, at noon on the 18th of August, gress and treaty stipulations as relate to the In- the Speaker's hammer fell, announcing the dians, are hereby repealed, and declared void. termination of the session, leaving the Army Mr. Dunn having carried a reference to the bill unpassed. But President Pierce immeCommittee of the Whole, of a bill introduced diately issued a proclamation convening an by Mr. Grow, repealing all the acts of the al- extra session on the 21st (Thursday), when leged Territorial Legislature of Kansas, now the two Houses reconvened accordingly, and moved and carried a reconsideration of that a full quorum of each was found to be prevote, and proceeded to the striking out of sent. The House promptly repassed the Mr. Grow's bill and the insertion of his own Army bill, again affixing a proviso forbidas a substitute. This motion prevailed. ding the use of the army to enforce the disWhereupon Mr. Dunn moved the previous puted Territorial laws, which proviso the question on ordering thisbill to beengrossed Senate as promptly struck out, and the and read a third time, which prevailed- House as promptly reinserted. The Senate Yeas 92; Nays 86-and then the bill passed insisted on its disagreement, but asked no -Yeas 88; Nays 74-as follows: conference, and the House (Aug. 22d) by a EAS-Mes Allison, B, B- close vote decided to adhere to its proviso: YEAS —Messrs. Albright, Allison, Ball, Bar- r -' bour, Benson, Bishop, Bliss, Bradshaw, Brenton, Yeas 97; Nays 93; but one of the yeas Buffinton, Campbell of Pa., Campbell of Ohio, (Bocock of Va.) was so given in order to Chaffee, Clawson, Colfax, Comins, Covode, be able to move a reconsideration; so that Cumback, Damrell, Dean, Dick, Dodd, Dunn, the true division was 96 to 94, which was Durfee, Edie, Edwards, Einrie, F'lager, Gid- the actual division on a motion by Mr. Cobb dings, Gilbert, Granger, Grow, Hall of Miass., Harlan, Harrison, Haven, Holloway, Horton of of Ga. that the House recede from its posiN. Y., Horton of Ohio, Iughston, Kelsey, King, tion. Finally, a motion to reconsider was THE KANSAS-NEBRASKA STRUGGLE. 163 made and laid on the table: Yeas 97; Nays therein, or by extending Slavery r Drth of that 96; and the House thereupon adjourned, latitude, is a violation of said compromise and Aua. 23d. -th lhe Senate also voted to ad- a direct attack upon the harmony and stability ~Aug. 23d. —The Senate also voted to ad- of t Union. here: Yeas 35; Nays 9. Mr Dunn of Ind. moved that this do lie Mr. Clayton proposed a Committee of Conference, to which Mr. Seward objected. the table: Carred: Yeas; Nays No action. 83. Mr. Cobb of Ga. moved that the House In the Iouse, Mr. Campbell of Ohio pro- recede from is ansas proviso: Defeated: posed a similar Committee of Conference. Yeas 9; Nas 100. Adjourned: Objected to. Yeas 97; Nays 100. Adjourned. Mr. Matteson of New-York submitted The struggle for the passage of the bill Mthe following ~ NwYr su dwith or without the proviso continued until the following: ~0~~~~' ~Saturday, August 30th, when, several memWhereas, By an act passed by the two Houses bers, hostile to the proviso, and hitherto of Congress, and approved by the President, en- absent, unpaired, having returned, the House titled "Joint resolution for annexing Texas to again passed the Army bill with the proviso the United States, approved March i, 1845, arso ticles of compact were offered to Texas for her modified as follows: admission into the Uni crtain condi- Provided, however, that no part of the militations and guarantees," the third article of which of ry force of the United States, for the.support of tendered compact was in these words: which appropriations are made by this a, shall which appropriations are made by this act, shall' New States of convenient size, not exceeding four be employed in aid of the enforcement of any in number. in addition to said State of Texas, and enactments heretofore made by the body claimhaving sufficient population, may hereafter, by the consent of said State, be formed out of the Territory thereof, which shall be entitled to admission under The bill passed as reported (under the the Feoderal Constitution; and such States as may be Previous Yeas 99; formedoutofthatportionofsaid Territorylying south Previous Question:) Yeas 99; Nays 79; of 36~ 30' north latitude, commonly known as the and was sent tothe Senate, where the above Missouri Compromise line, shall be admitted into the Proviso was stricken out: Yeas 26; Nays Union, with or without Slavery, as the people of each State asking admission may desire; and in such 7; and the bill thus returned to the House, State or States as shall be formed out of said Terri- when the Senate's amendment was concurtory north of said Compromise line, Slavery orinvoluntary servitude (except for crime) shall be prohibit- red in by the following vote: ed " YEAS-Messrs. Aiken, Akera, Barksdale, Bell, And whereas, Texas, by a solemn public act, Bennett of Miss., Bocock, Bowie, Boyce, Branch, done in a convention of the people, according to Burnett, Cadwalader, Campbell of Ky., Carlile, the requirements of the said act of Congress, did Caskie, Clingman, Cobb of Ga., Cobb of Ala., accept the said articles of compact, and was ad- Cox, Craige, Crawford, Cullen, Davidson, Damitted into the Union as one of the United States vis of Md.,Denver, Dowdell, Edmundson, Elliott, upon the "conditions and guarantees" men- Etheredge, Eustis, Evans, Faulkner, Florence, tioned in said joint resolution, and is now a Fuller of Me., Goode, Greenwood, Hall of Iowa, State of this Union in virtue thereof; Harris of Md., Harris of Ali., Harris of Ill., Har And whereas, The said third article of com- rison, Haven, HICKMAN, Hoffman, Houston, pact as aforesaid, containing a limitation of Sla- Jewett, Jones of Tenn., Jones of Penn., Keitt, very in restricting the number of Slave States to Kelly, Kennett, Kidwell, Lake, Letcher, Lumpbe formed in Texas south of thirty-six degrees kin, A. K. Marshall of Ky., Humphrey Marshall thirty minutes, to four States in addition to of Ky., Marshall of Ill., Maxwell, McMullen Texas itself, and also a prohibition of Slavery, McQueen, Miller of Ind., Millson, Oliver of Mo. except for crime, north of thirty-six degrees thirty Orr, Packer, Peck, Phelps, Porter, Powell minutes north latitude, is an independent and Puryear, Quitman, Ricaud, Rivers, Ruffin, Rust substantivemotion, irrepealable by either of the Sandidge, Savage, Seward, Shorter, Smith of contracting parties without the consent of the Tenn., Smith of Va., Smith of Ala., Sneed, Steother, and is not repealed by the Kansas-Ne- phens, Stewart, Swope, Talbott, Taylor, Tyson, braska act, and could not be repealed by that Underwood, Vail, Walker, Warner, Wells, act: Wheeler, Whitney, Williams, Winslow, Wright Therefore, b6 it resolved, That Slavery, except of Miss., Wright of Tenn., and Zollicoffer-101. for crime, in all that part of the former province NAYS-Messrs. Albright, Allison, Barbour, of Louisiana north of latitude thirty-six degrees BARCLAY, Bennett of N. Y., Benson, Billingthirty minutes is and remains prohibited, and hurst, Bingham, Bliss, Bradshaw, Brenton, Bufthat the President of the United States is under finton, Campbell of Penn., Campbell of Ohio a double obligation to see that provision faith- Chaffee, E. Clark, Clawson, Colfax, Comins, Cofully executed, both as a law of Congress and as vode, Cragin, Cumback, Damrell, Davis of a compact with a then foreign power, for a great Mass., Dean, Dewitt, Dick, Dickson, Dodd, and valuable consideration. Dunn, Durfee, Edie, Edwards, Emrie, Flagler, And whereas, Besides being a compact with Galloway, Giddings, Gilbert, Granger, Grow, Texas, the said third article was a compromise Harlan, Holloway, Horton of N. Y., Howard, between the Free and Slave States of this Union Hughston, Kelsey, King. Knapp, Knight, Knowlwith limitation of Slavery, both as to the number ton, Knox, Kunkel, Leiter, Mace, Matteson, Mc. of Slave States which might be formed in Texas, Carty, Morgan, Mott, Murray, Norton, Oliver of and the prohibition of Slavery north of thirty-six N. Y., Parker, Pelton, Pennington, Pettit, Pike, degrees thirty minutes, by virtue of which Texas Pringle, Purviance, Ritchie,Roberts, Robbins, was admitted into the Union, and without which Robison, Sabin, Sage, Sapp, Scott, Sherman, she could not have been admitted: Therefore, Simmons, Spinner, Stanton, Stranahan, Tappan, Be it resolved, That any attempt to violate Thorington, Thurston, Todd, Trafton, Wade, said third article of compromise, either by ad- Wakeman, Walbridge, Waldron, Washburne of mitting a greater number of Slave States south Ill., Washburne of Wise., Washburn of Me.. of thirty-six degrees thirty minutes than allowed Welch, Woodruff, and Woodworth-97. 164 THE STRUGGLE FOR SLAVERY RESTRICTION. So the Proviso was beaten at last, and the Fillmore with nearly or quite all those sup. bill passed, with no restriction on the Pre- porting Buchanan) finally acquiescing. sident's discretion in the use of the Army in In conclusion, it may be said, generally, Kansas; just as all attempts of the House, that nothing has been really done, or (owing to direct the President to have a nolle pro- to the triangular division of parties) could sequi entered in the case of the Free-State have been done, by this Congress with reprisoners in Kansas charged with aiding gard to Kansas, except to collect, authentithe formation and adoption of the Free-State cate, and present facts to be considered and constitution as aforesaid, had been previous- acted on by the People in the ensuing Prely beaten, after prevailing in the House- sidential and Congressional elections. By the Senate striking them out and the House the result of these, in all human probability, (by a union of nearly all the supporters of the fate of Kansas is now to be decided.