The Kansas herald of freedom., 1855-07-14
BY G. W. BROWN & co.

body, for the purpose of sitting the voice
and paralyzIng the arm ola certain party
in this Territory, taking from the whole
people that which distinguishes self-gov-
ernment from anarchy, and individual
protection from mobocracy; that they are
through this body seeking to extinguish
that fire long since kindled upon the al
tar of liberty by the trainers of the Dec
laration of independence.
After Witnessing all this-after wit
Messing the intense interest and excite
ment which has attended the election of
this body, it were useless Sir, to conceal
the fact that this House is divided into
separate, distinct, antagonistic elements;
each opposed to the other, morally and
politically; each striving earnestly for the
victory over the other; and were I per-
mi:ted TO PREJUDICE, l fear l should say
that prejudice and selIishness will be apt
to have too much weight in deciding this
question. For were it not so, it would
be impossible for the line, that divides
two great political parties-dividing up
on moral and political question-to di-
vide this House upon this question, which
is one wholly disconnected from the 9TH
er. The fact Is too evident to admit of
doubt, that there has been during the
political contests of this Territory an un-
der current, strong and irresistable; and
it has been said that this House will be
carried along i'll this current, and that all
opposition will be carried before i. l
am aware that happen to be opposed to
this strong force; know that Fam OPP
posed to it naturally, candidly, and de-
cidedly, and being opposed, may say
| things unpleasant to many, yet l shall
say what | say, believing it to be the
truth, believing it to be the law; l shall
speak free from prejudice or animosity,
and fearless of the result, looking to the
Constitution Of the United States for my
guide and to justice for my reward; 1
have no section to please, no political
party to uphold, but | have our own
homes, our own dear and sacred rights,
to defend.
| A little more than one year ago, one of
the moss important and exciting debates
arose in Congress that has ever occurred
in our legislative halls. That bill, or
ganizing the Territory we Gow inhabit,
was then pending before Conyress-Sew-
ard. Sumner, and Cnase believing they
foresaw the awful consequences that must
result in the passage OF that bill, believ-
Ing that its passage would destroy the
force OF national compacts, and break the
plighted faith of the Union, opposed it
with that logic, learning. reason, and elo-
quence that is exhibited only i'll the true
salesman. While Oh the other hand,
Douglas and Clss advocating the princi-
pie of State rights, actuated by an untir-
ing zeal, clun9 to it until its passage. The
bill passed-people from every State in
the Union came to this fair western land,
seeking for themselves and for their chill
dren homcs that they might embellish
and make beautiful by honest industry,
believing as they had right to believe,
that that protection which this bill guar
anteed would be extended to them. No
Que dreamt that those rights for the secu-
rity Of which this bill was originated and
passed; would by the strong arm of right
be taken from the quiet citizens of this
Territory. Who then thought that those
who advocated the passage of this bill
would look on with no concern and see it
nulliied and those living under its pro-
lection withoutlaw, without power, with
out order? But viii not speak of the
bill. | could but refer to it, since it is
this that prescribes the manner.of form
! ing government of our own 1t is un-
der the provisions of this bill that this
Legislature is, or should be, created. |
stand upon the Kansas Nebraska bill to-
day 10 maintaining my right to a seat in
this House, and l hope l may be able to-
show clearly that if am deprived oft, it
is in open violation of this bill. propose
to speak of my election, | shall expect to
show that the election at which l was
elected was legally called and legally held,
and that the election on the ed day of
May is the only one which this House has
any right to investigate. My right to a
seat III this House depends upon the con-
formity of mr. election with the organic
act of the Territory. If the new cleo
ton was called in conformity with this
act, then my election was in conformity
with it. take the ground sir, that nei-
tier this committee, nor this House has
any power given by the organic act to
diSannul an election called by the Execu-
tive. They cannot by their own legisla-
tive act substitute themselves in the place
of the Executive, take to themselves that
power given to the Executive by the or
ganic act, and declare persons elected by
virtue of an election once setasiie by the
Executive himself l know sir, that
in taking this position have to war with
a large party in this Territory. l know
am accused of departing from estab-
lished rules-from preced snts but, SIR,
| depart from no precedent. This case
has no PRECEDENT stands alone. Other
eases have been decided under constitu-
tions-we have no constitution to look 10
we must look to the organic act, aud
to that alone in forming our conclusion.
know it is argued by men of legallearn-
ing that this Territory is subject to other
laws than those of Congress-but let us
see.
This Territory was first ceded to this
government by France, and Vattel on
the laws of nations says, ''That every
nation acquiring territory by treaty or
otherwise, must hold it subject to the
constitution and laws of its own govern
ment. and not according to those of the
government ceding it." Hence, this ter
ritory after its cession was subject to the
laws OF Congress alone at the time of the
passage of this act There were no laws
extending over this Territory for the or
ganization and government of the Terri
tory. 1t was intended by this act to
provide for such organization and gov
eminent. II tprovides means for creating
the first Legislature, fixes the qualification
of voters and vests IN the Governor the
powerto prescribe the manner Of con-t