The Sun.
London, England, 1856-09-08 00:00:00

LONDON, MON DAY EITBNING y SEPTEMBER 8, 1856.

AMERICA.

LIVERPOOL, SEPT. 7.
By the arrival of the British and North Ameri-
rm,ii Royal mail steam-ship Canada, Capt. W. J. C.
Llng, we have received advices from New York to

tie 26th ult. and Boston to the 27th. She
brought 637,695 dols. specie on freight, and 86
passe,ugers.

The Niagara arrived at Halifax on the 25th ult.
Both Houses of Congres3 adjourned on the 2,3 th
without adjusting their differences on the coming
Army Bill. Mr. Clayton introduced a restil ution pro-
viding for the appointment of a joint select com-
mittee of seven senators and 11 representatives, to
take into consideration the disagreeingvotes of the
two Houses, with the view of arranging the details
and settling the differences between them. Senator
Walker also introduced a measure embodying the
18:1) section of the bill providing for the admission
of Kansas into the Union, which repeals the last
act, and the laws restricting the freedom of the
press and the liberty of speech passed by the Terri-
'oral Legislature. Mr. Campbell, chairman of the
Committee of Ways and Moans, had prepared a Lew
Army Bill, which might probably pass, excluding
the restrictive proviso and providing for the repeal
of the territorial laws of Kansas.

The Nets York Journal of Consmerce remarks
that as the proviso to the Army Bill was reduced
to a single vote there was a prospect that it might
be altogether neutralised.
"By the return of absent members, or by the second
thought of one or more of the preClotnitant faction;
wearied by unavailing persistence in a courr that .tends
to no good end. Meantime there are indlcationa that
efforts will be -nrarle -trireniove atl pretext for obstructive
in the hnuee, by the repeal of encli p- ter
the laws enacted by the Kansas Legislature as nrojustly
obnoxious to public sentiment."
The Washington correspondent of the Herald
states that the policy of the Senate was to sit the
session through to March next, unless the Army I
Bill was sooner passed.

A special agent, Mr. Arny, from the Free-soil
party of Kansas, was in Washington soliciting the
President for assistance against their pro-slavery
opponents. The Washington correspondent of the
Herald states that the President bein, too much
engaged to grant him an interview handed him over
to his secretary, who informed the agent that the
President was just then so much engaged that he
could not attend to the matter. With this consola-
tion Mr. Arny left his papers in the hands of the
private secretary, and took his departure from the
White House. The documents embrace a letter to
the President and a semi-official account of the
attack on Franklin.

" MR. ARNY TO THE PRESIDENT.
'To ITis EXCELLENCY FRANKLIN PIERCE PRESIDENT

OF THE UNITED STATES :
" few days ago I had the honour to address
you as secretary of a mass convention held in McLean
C )11 ty, Illinois, and to transmit to you certain certifi-
cates and affidavits in relation to outrages perpetrated
by citizens of Missouri upon peaceable emigrants from
our State and county, while on the Missouri river and
other public highways of that State, en route to Kansas.
" Since then the National Kansas Cornteittee, located
st Chichago, Illinois, have receivel from the Central
Kansas Committee' at Lawrence, official infor-
mation in regard to the preparation of citizens of Mis-
souri and other States to drive ott of the territory of
Kansas, or murder all the Free State settlers.' The
facts will be found testified to in the affidavit of Robert
Morrow, Esq., herewith enclosed.
"The committees are fully satisfied that, unless the
general Government immediately interpose, to prevent
the incursions and outrages contemplated by armed bands
of men from Missouri and other States, who are prepared
to overrun the territory, a civil war will be the result,
which will involve the whole North-West against the
South.

It will be apparent to your Excellency that any
military demonstration such as is contemplated by citi-
zens of Missouri and other States of the South against
Free State citizens of the North-West who have left their
former homes to settle peaceably in Kansas will justify
those person-, and also the States whence they came, to
resort to similar means in self-defence ; and especially so
if the Executive of the United States, or of the State of
Missouri, should fail to adopt measures to prevent these
unlawful acts.

" As the Free State citizens of Kansas deprecate civil
war, and have evinced their desire for peace by their
subiniision to robberies and other outrages, they appeal
to you to protect them; and in behalf of their commit-
tee, whose credentials I bear, as also in behalf of the
National Kansas Committee, of which I have the
nonour to be a member, I solicit your immediate consi-
deration of this important subject, and the interposition
of your power and authority to prevent the impending
civil war and its attendant horrors.

" With all respect, yours,
" W. F. M. AUNT.
" Washington C:ty, Aug. 21, 1856."

" SEMI OFFICIAL ACCOUNT OF THE ATTACK ON
FRANKLIN.

"The undersigned would hereby certify that he left
the territory of Kansas on the 15th day of August,lBs6,
and makes the following statement of the leading facts
connected with the present state of things in that
territory from personal knowledge of th circum-
stances. Since tue attack upon Lawrence, May 21st
last, with the exception of a few skirmishes, matters in
the territory have remained in comparative quiet. The
Presence of the Government troops, while it seemed to
produce a check upon the designs of the pro-slavery men,
served them with an opportunity to make more exten-
sive preparations. Provisions and arms, both guns and
cannon and ammunition, have been secretly introduced
into and stored in different parts of the territory ; bands
of from 50 to 200 men each from Missouri are fortifying
themselves in a continuous line through the settled por-
tions of the territory, in readiness for a simultaneous de-
econt by night upon the scattered and defenceless Free
State peuple, Men from South Carolina and Georgia,
commonly called Burfurd men,' remained in Kansas,
and erected fortifications, calling there' colonies,' in dif-
ferent pares of the territory; the fortifications numbered
some 10 or 12. There are three in Douglas county, two
tat a-sawatomie, one of them commanded by Coleman,
who murdered Dow, and the rest extend along the Mis
seuri river. The Missourians have been furnishing the
Carolinians, Georgians, and their own men with previ-
vieiens, ammunition, &c. When all was ready the Miss
sauri borderers made an avowal of their plan ; they
thought they had the Free State men iu their power ;
they resolved to execute it. The question as to the time
of attack was the only point, and this was sett!eil on to
take place immediately after the adjournment of Con-
gress. Fully satisfied that extreme danger impended over
the Free State men, they applied to the military to afford
them protection by the dispersion of these armed bands.
This was refused in the case of a band of upwards of 100
men, encamped about six miles froruLawreoce, on Wash-
ington Creek. The river meanwhile was guarded at
every point, and no Free State men reached Kansas up
the Missouri river, or through the State of Missouri,. So
certain were the Missourians and other pro-slavery men
of success that on the 12th Mr. Hoyt, formerly of Mas-
sachusetts, was shot on the prairies by the ruffians at! he
block house, near Washington Creek, and on the same
day another Free :tats man was killed by these brutal
murderers. Seeing this state of things, knowing that life or
death hung upon the crisis, the Free State men resolved
to meet it like men. .They could not wait ; to do that
would be to secure the success of the ruffians. They de•
Cided not to do it, for not only would their property bo
sacrificed, but their wives and children ruthlessly robbed
and murdered. They concluded that the time had come,
having been refused protection by the Government
troops, when they must defend themselves. Franklin was
one of the dens of the ruffians. They occupied a block
house in the town. This block house the Free State men
attacked and carried en the night of the 12th of August.
They lost one man, killed—Edward Sackett, from De-
troit—and two were wounded, and seven others were
slightly injured. The ruffeans, being strongly fortified,
escaped ; only four were wounded. They surrendered
and were permitted to leave. The Free State men took
60 stand of arms, one cannon, powder, and a large
amount of stores, The most of the arms had been stolen
from St. Lawrence, and were identified ; there were a
few United States' muskets. The story of the St, Louis'
Republican and other papers, in regard to the killing of
the postmaster and robbery of mails, &c., is untrue—
not a building, not a citizen, nor the property of any
citizen, was searched or disturbed.
" The assault was confined to the marauders' den ;
it began there and ended there. I left Leavenworth on
the 15th ; very little was known there of the difficulty
at Franklin. The pro-slavery man supposed that the
abolitionists were routed and content.' At Kansas City
the case was different ; some of those who escaped from
Franklin had told the truth. A large meeting wascalled
on Friday afternoon, the 15th inst., and the citizens
agreed to raise their quotalof 2,000 mentto overrun Kan-
sas. , Atchison and Stringfellow were on the boat aed
got off at Kansas city. Next afternoon, the 16th, we
arrived at Lexington ; there, too, the news of the de-
feat of the ruffiaus at Franklin was known, and a
large• meeting was held, and the citizens of Lexington
resolved to send their quota of men to subdue the free
risen of Kansas. From all that I saw in Kansas ter-
ritory and on the Missouri river: I am fully
satisfied that Missourians, Georgians, and South Carol,-
nians are about to invade the territory, and destroy all
Fred State men, and that civil war, with all its attendant
horrors, will prevail, unless the general Government im-
mediately interferes to prevent it.
" Given under my hand and seal this 19th day of Au-
gust, 1356, 44 ROBERT MORROW."
The substance of the conversation between the
President's private secretary and the Kansas de-
puty is said to have been as follows :
" Mr. Arny, having given information of the purpose
of his ptll, woe asked by Mr. Webster what new facte
were set forth in the petition he bore to the President,
relative to Kansas affairs.
" Mr. Army replied that the Missourians had made

and were about making further descents on the Free
State settlers, with a view to drive them from the terri-
tory, and he sougit the interposition of the Executive to
restrain the invaiers.
" Mr. Webstesinquired if Mr. Arny was nut informed
of the order recently issued to the United States' troops,
and did not believe that under them, even if these de-
scents were made,good citizen.... would receive protectioa
" Mr. Aray awwerod that the troops would not in-
terfere.

" Then,' replied. Mr. Webster, 'I suppose you do
not dread the Misourians, if the Federal trlops do not
interfere, as your boast has been that the Free States
men had the power to drivo off everybody if the Presi-
dent would keep his hands off.' "
The Washington correspondent of the Tribune
asserts that the American State Council of North
Carolina had determined to recommend all the
.lodges of the State to cast their votes for Buchanan
instead of Fillmore. ".The grounds for taking
such a course are that the late elections have proved
that 201 r. Fillmor. cannot carry a single Southern
State, while there is no chance of his receiving any
electoral votes from the North, and that it behoves
the South to present a united front in such a crisis
as that she has now to pass through."
A vessel had arrived at New York with the
greater portion of the telegraph cable lost from
the James Adger. A portion of it had been used
in laying the line down across the gut of Canso.
At St. Louis a meeting called to discuss the state
of affairs ou Kansas adopted the following resolu-
tion :

" Whereas, organised armed bands of deisperate men
have invaded Kansas, for the purpose of expelling or ex-
terminating peaceable, law-abiding citizens, and in carry-
ing out the said purpose have been guilty or arson, rob-
bery, and murdering inoffensive citizens while engaged
it their_lo4o)4,--pg.r.s94?i, Vicwata,satd--0411,1re0 .b-sve been
TriFeii from their home, rendered widows, orphans,
houseless, and penniless, therefore—

"Resolved, Teat we deeply sympathise with the suf-
ferers, and are willing to extend theca shelter and pro-
tection and whatever aid may be required to supply their
necessities ; that we condemn the spirit of bigotry of the
fanatical abolitionists which has produced this state of
things ; that a committee of 10 be appointed to gain
proper information, and, if thought advisable, to visit
Kansas and report if they recommend the raising of re-
lief blinds ; and, if so, that a committee be appointed to
effect that object and appropriate properly the funds
raised ;; no event will we sanction any interference
Jr action against the constitution, or anything not war-
ranted by law and right ; tiiat we desire the interposi-
tion of the Federal Government to subdue insurrection
and protect the rights of citizens in the territories."
A meeting in aid of the pro•slavery party in
Kansas was being organised in New Orleans.
Several despatches had been received. from St.
Louis touching Kansas affairs. The first, dated
St. Louis, Aug. 23, contains advices from • Law-
rence to the 17th, which state that nearly 500 Free
State men marched upon what is called Colonel
Titus's camp, near Lecompton, on the preceding
day, and took the party there assembled, .20 in all,
prisoners. They defended themselves from the log
houses some time, and wounded 10 of the Free
State party.
One hundred United States' Dragoons interfered
to prevent an attack upon Lecompten, whereupon
the Free State men returned to ,Lawronce with
their prisoners.
Governor Shannon, Major Sedgwick,' and Dr.
Roderick., of Lecoiepton, went to Lawrence on the
17th to demand the release of the prisoners. After
a conference it was agreed that when six of the
Free State prisoners held by the authorities were
delivered up, the howitzers taken from Lawrence
returned, and all the camps of armed pro-slavery
men dispersed, the prisoners should, be released.
Another despatch, dated tke 24th, reports that
Lecompten had not up to that time been attacked
by Lane's party, although it was expected hourly.
It is said that the Free State men number 2,000
strong in the territory, and were preparing to for-
tify Lawrence in case a retreat to any particular
point became necessary. The last despatch, which
is dated the 25th, mentions that 400 volunteers
from Jackson county had entered Kansas. Lane's
Regiment was said to be fortifying Wakinsa. Go-
vernor Brown and others were still in the custody
of the Government troops. General Smith had
ordered all the disposable forces up to Fort
Leavenworth..

Following the California example, the citizens of
St. Paul, Minesota, had held a meeting, and formed
a committee, charged with the extirpation of all
bad characters from the city.
Ad vices from Vera Cruz to the 22d ult.-state that
the British mail steamer Conway left Vera Cruz on
the 6th ult. with $3,000,000 dollars on freight.
At the capital the Government and Congress were
acting harmoniously. The Ministerial crisis had
passed without any resignations in the Cabinet,
although some had been tendered. The uew Con-
stitution was under discussion, and the liberal
articles were in favour. Thexe was an animated
debate on the clause respecting religious toleration.
The Cabinet opposed the measure as useless, but
the puros adopted it. Congress bad, however,
adopted the 15th article.of the new Constitution,
establishing religious toleration.
Comonfort was turning his attention to public
improvements. The coinage for the year 1855 in
the Casa de Moneda of Zacatecas was $3,819,000.
" Immense placers of gold" are reported to have
been discovered in the State of Guerro. The yellow
fever was raging at Vera Cruz with great violence.
The Indians in the northern States were committing
fearful ravages, and Vidaurri had taken advantage
of the fact to call the people of Zacatecas to his aid,
offering to defend them against the Indians. The
Mexican Gov, rnment, fearing that the Tehuantepec
exp clitionists were Fillibusters, was watching their
movements.

Our. commercial advices state that money conti-
nued plentiful and in good demand, rates for call
loans being 7. per cent., and for short first class
paper Bto 9 per cent. Stocks were lower and dull.
Sterling exchange was firm but quiet, rates for best
bankers' bills being 109 i to 1091. Callon was
dull, without change in price. Flour was a shade
lower, and prices unsettled. Wheat was lower and
irregular at the close. Pork was heavy. Iron was
steady. Frieghts to Liverpool were easier and
quiet. Cotton -Id. per lb. Flour ls. 63. per bar-
rel, Grain 6d. to 7d. per bushel.

LATEST BY ELECTRIC TELEGRAPH, VIA

HALT FAX

NEW YORK, AUG. 28.
The steamers Hermann and City of Manchester
arrived to-day, and the Etna sailed yesterday.
The money market to day is firm. Since Tues-
day 1,500,000 have arrived from California.
Bread stuffs are firm and still tending upwards.
Cotton unchanged.
'NEW ORLEANS, AUG. 26.
The sales of cotton to-day amounted to 225 bales.
Middling quoted 101 c..

PROCEEDINGS IN THE AMERICAN
CONGRESS.
SENATE: WASHINGTON, AUGUST 28.
The Army bill was called up,
Mr. CLAYTON, of Delaware, said he was bound by no
party ties, and had no other object for remaining in
public life but the_good of his country. He deeply de-
plored that-the house had resolved to adhere to their
amendment, as thereby the senate was driven to the ne-
cessity of either receding or adhering. At a proper time
he would introduce a resolution for the appointment of a
committee of seven members on the part of tho senate,
and eleven on the part of the house, to take into consi-
deration the disagreeing votes of the two houses on the
Army Bill, with the view of arranging the details and
settling the differences between them, and report t )
their respective branches. The senate had agreed to ad-
here to their amendment striking out the Kansas re-
striction, but notwithstanding he believed his proposition
could be made acceptable. It would compromise the
honour of neither, and might save the army a disastrous
blow, preserve peace in the territory where now civil
war prevails, and perhaps preserve the union.
Mr. HUNTER, of Va., said no such resolution was now
in order. By the senate's adhering this bill would now
he lust, but that which failed on Monday was now on
the table of the house and might be taken up. To ad-
here would merely be to express an opinion relative to
this bill. He understood, furtherimire, that it was pro-
bable that a new bill would belntroduced into the house
by the committee of ways and means.
TOUCEY, of Con., spoke in strong terms of con-
dsmnation of the action of the house in sending to the
Senate an army bid declaring they would stop the wheels
of government unless the Senate would yield their opi-
nion and concur in the legislation of the house. He re-
garded this conduct as not simply unconstitutional, but
in the highest degree revolutionary. It the house could
enforce obnoxious legislation and coerce the Senate upon
one subject, they might upon another. They might re-
fuse appropriations for the justiciary or executive, neless
the action of t hese departments of government were satis
factory to theta.
said the house had nothing to
Mr. BENJAMIN, of La.,
act upon, and expressed the hope that by general consent
the Senate wanld take a vote first, and let discussion go
on afterwards.

Mr. TRUMBULL thought the house were obliged to act
as they did, since Mr. Hunter bad moved that the
Senate insist, but did net ask a committee of conference.
This was regarded by the house as an act of discourtesy,
for it_was us4l for the insv,tuag bcdy to ask for a con-
ference.

Mr. HUNTER replied he did not intend any discour-
tesy towards the house, nor did be suppose they so re-
garded it. Tile same course Was;, adopted in the Civil

Bill, and the house receded. Rethought that it was the
best way to settle the difficulty, and hence that course.
Mr. SEWARD stated that he should not vote, that he
had paired off with Mr. Toombs, and that Mr. Fish had
paired off with Mr. Fitzpatrick.
The motion to adhere was then agreed to by yeas, 35 ;
nays, 9, as follows :
NAvs.—Messrs. Bell of Ten, Clayton, Durkee, Foot,
Foster, Harlan, Trumbull, Wilson, and Wade.
Mr. CLAYTON then submitted the resolution of which
he had given notice.
Mr. SEWARD objected.
The CHAIR said the resolution must lie over cne day.
Mr. CLAYTON earnestly appealed to Mr. Seward to
withdraw his objection and allow the matter to be dis-
cussed. This, he said, was an alarming crisis, and all
possible means should be used to avert the loss of the
army appropriations.
Mr. SEWARD said there was no senator to whom he
would more cheerfully yield in a matter of courtesy than
to the senator from Delaware, but on this point he
could not yield consistently with his sense of duty. He
entertained no fears or alarms of such disaStrous cense-
quences as Mr. Clayton had predicted. He had before
seen times when it was feared that the country was in
danger, but he thought thtr I was no more real danger
now than on previous occasions. Whether the two houses
agreed or disagreed, their action was constitutional, and
he was willini to let the issue go to the country for
their Verdict. He was opposed to the appoidtment of a
committee of seven to meet a committtee of eleven of the
house. It was an extraordinary and unusual tourse, and
he never knew any good result from such measures. He
was satisfied his course was right, and ho therefore per-
sisted in his objection.
No further business coming up, the senate then ad-
journed.

HOUSE OF. REFRESENTATIVin.
WASHINGTON, 'AUG. 23.
'Mt. CAMPBELL, of Ohio, in view of ars-mrmi-trom -Kan=
sag, and Me the two housep, asked
unanimous consent to offer a resolution that a select
committee of thirteen be appointed by the Speaker
to confer with a similar one.of the senate, to consider af•
fairs in Kanra9, and that they report by bill or otherwise.
Mr. CAMPBELL said if the resolution di3 no good it
could do no harm.

Mr. MATTESON and others objected.
Mr. CAMPBELL then gave notice that he would move
to suspend the rules on Monday for its introduction.
Mr. MACE, of Indiana, made an ineffectual' motion to
proceed to the election of a chaplain.
Mr. MATTESON, of New York, offered a preamble aid
resolution setting forth that the joint resolution on the
annexation of Texas is irreparable by either of the con•
tracting parties without the consent of the other, that it
is not repealed by the Kansas Nebraska act,'and there-
fore slavery, except for crime, in all that part of the for-
mer province of Louisiana north of 36 deg. 30 min. is,
and retnans prohibited; further asserting that the reso•
lution on the annexation of Texas is a compromise be-
tween the free and slave States, and that any attempt,
for the admission of a greater number of slave States
north of that latitude is a violation of said compromise
and a direct attack upon the harmony and stability of
the Union.

Mr. Dural, of Ind., moved that the preamble and re-
solutions be laid on the table.

Motion agreed to by 101 against 83.
Mr. SAGE, of New York, offered a resolution direct-
ing the Committee on the Judiciary to consider the pro-
priety of reorganising or abolishing the Criminal Court
in the district of Columbia.

The house, on the ►notion of Mr. COBB, of Georgia,
concurred in the resolution of the Senate, suspending
the 21st ru!e, in order that the former army bill mitiht
be taken from the table.

Mr. CAMPBELL, of Ohio, made an unsuccessful sugges-
tion that the hoube insist on its disagreement, and ask a
Committee of Congress. _ _

Mr. COBB, of Georgia, moved the house recede from
the Kansas proviso.
Motio❑ negatil id by 97 against 100.
Mr. WASHBURN, of Maine, moved that the house ad-
here.

Motion agreed to by 98 to 97. Adjourned.

SENATE.

WASHINGTON, AUGUST 25.

Mr. WELLER gave notice of his intention to introduce
a bill to abrogate certain laws enacted by the Legislature
of Kansas.

It is the same as the 18th section of the Senate Kansas
Bill abolishing test oaths, providing for freedom of
speech and the press, and for the security of the people
in person and property, in accordance with the consti•
tution, &c.

HOUSE OF REPRESENTATIVES.
WASHINGTON, AUGUST 25.

Mr. CLINGMAN asked leave to offer a resolution, pro-
viding that the Sergeant-at-Arms be directed to arrest
and bring before the bar of the house all such members
as are absent in the city, and that the Clerk cause a
copy of this resolution to be telegraphed to the capital
of each state, and published in two papers there of the
largest circulation, paying the expenses of the same out
of the contingent fund.
Mr. CAMPBELL, of Ohio, objected, on the ground that
the rules of the house afforded ample remedy to compel
the attendance of absent-es.

Mr. CLINGMAN moved a suspension of the rules in
order to introduce his resolution.

Motion disagreed to by 87 against 99.

Bath house; received' notice of the death of Mr.
Meacham, representative from Verm9nt, and, after the
customary eulogies, and passage of resolutions of respect
and condolence, adjourned.

SENATE.

WASHINGTON', AUGUST 26.

In the Senate to-day Mr. Crittenden gave notice of a
bill for the pacification of Kansas, and Mr. Weller in-
troduced the bill on the same subject of which he gave
notice yesterday.
Mr. WELLER said he was willing to do all in his power
to OA iite existing difficulties. The house had, in a
differriv, form, expressed their dissent from the laws of
the Kansas Legislature, and he agreed with that I ody
that some of those laws violate not only the organic act,
but the con-titution of% the United States. He was,
therefore, anxious to wipe these' obnoxious laws out or
the statute-book as.infamous and atrocious in their cha-
racter. He was the more ready to take this step, being
chairman of the committee on military affairs, and of
course anxious that the right arm of the public defence
should receive proper sustenance. If such a bill bo
passed, he thought there would be no difficulty in passing
the Army Appropriation 1111.
Mr. BIGGS desired that the bill should be referred to
the committee on territories, but withdrew his motion
to enable Mr. Wilson to offer an amendment, declaring
null and void the 151st chapter of the laws of Kansas,
being an act to punish offences against slave property,
together with such other provisions of said laws as re-
co_ nised slavery as a legalised institution in the territory
together with all the provisions to establish official oaths
other than those specified in the organic act, or which
require any test with regard to slavery and the fugitive
slave law to be applied to attorneys, jurors, or voters ;
or which suspend the right of habeas corpus ; or which
allow any other than actual residents of that territory
to vote ; or which allow jurors to be selected in any
•tber manner than by lot; or which punish citizens of
the territory by chaining them together, and exposing
them to labour on the public works, or causing balls
and chains of iron to be attached to them. It also fur-
ther declares that it is the deliberate opinion of congress
that all persons under arrest in the territory under in.
diotments for treason or other political offences, are
wrongfully detained, and orders their immediate release.
It directs the Governor of Kansas to crder an election
in the territory on the Tuesday succeeding the first
Monday in November next, at which time all persons
who were actual and bona fide residents of the territory
on the Ist of May, 1856, shall be entitled to vote, and
be eligible to office. It, provides that members of both
branches of the Legislature shall be chosen, and that
the election shall be according to the enumeration and.
apportionment ordered by the governor. A delegate to
congress shall also be chosen ; also sheriffs, probate
judges, county commissioners, clerks, recorders, 86c.
False swearing at any election is declared perjury, which
shall be punished by an imprisonment of not less than
three or more than 12 months, and by a fine of not less
Ithan 100 dols. nor more than 500 dols. Ten days after
e'ection all persons chosen shall be eligible to enter upon
'their duties, to the exc:usion of all persons now claiming
such authority.
Mr. Bayard regarded Mr. Weller's bill as of no more
effect than a declaration of rights, and as such could not
vote far it ; but under no circumstances could he sanction
any proposition which would bring him into conflict with
the judiciary, or their action as to the legality of par-
ticular laws. He could never consent to the army pro-
position to modify or restrain the power vested by the
constitution in the executive. He was free to admit at
the same time, that abme of the laws of Kansas were
shocking to the moral sense of the community, and that
acme of them invaded national rights. Such laws he
was willing, by a declaration of rights, to abrogate,
because that was the only way in which congress could
act. But the proposition of the house to prevent their
execution by the president, without striking them from
the statute book, could be defended on no sound prin-
ciple of constitutional legislation.
Mr. MASON voted ft r and approved of the bill passed
in May, 1854, to organise the territories of Nebraska
and Kansas, because it gat e the people the right to regu-
late their domestic institutions is their own way. This
bill proposed to undo that work, and prescribed how far
they should be free to make their own institutions, and
in what respect they should not be free. This proposi-
tion did not meet his approbation. It seemed to be in-
troduced now as a concession to the house, which had en-
grafted a measure they knew to be obnoxious to the
senate, upon almost every one of tho appropriation bills,
and insisted upon it to the defeat of making provision
for the support of the army. He would move to lay
upon the table every proposition of that kind until
these who were endeavouring to carry into effect their
revolutionary purpofes should be reduced to submission,
and be for Ced to desist from their efforts to overturn the
government. After the Army Bill was passed, if it
should pass at all, he would listen with great respect to
each proposition# and deliberate upen their propriety ;