The Kansas herald of freedom., 1855-02-24
7Rpofta9f Speech.
slavsry in Kansas.

To show our readers that slavery does
not exist in Kansas at the present time
only in violation of law, we publish be-
low the speech of Hon. J. r. FRANKLIN,
of Maryland, delivered on the 28th of
March last. in the House of Representa-
tiyes, while the Kansas-Nebraska bill was
pending before that body. Mr.. F. is a
southerner by birth and education, and
ofcourse would say nothing which would
compromise in the least the rights of the
South. We are glad to know that all the
most prominent men of the country, and
among this number are included Messrs.
cass. Douglas, and Benton, take the same
view of the question, and concede that
slavery only exists in Kansas at the pres
ent time by the law of might, and that
every stakeholder who brings his human
chattels into the Territory by such act
virtually emancipates them.
Mr.. Franklin, after speaking of the
general features of the bill, continues:
But, Mr. Chairman, the main point to
which l wish to direct the attention of
this committee, and particularly that of
southern gentlemen, is the condition, in
regard to slavery, in which the adoption
of this bill in its present form would leave
this Territory. / would ask any gentle
man representing slaveholding constit-
uency on this floor whether he is willing
to pass this bill. if its effect and opera
ton will be to prescribe slavery from the
Territory, and to free such slaves as
might, in the mean time, be carried there
by their masters, until the Territorial Le-
gislature should enact laws regulating
that institution, and protecting that spe-
cies of property? Is any STAKEHOLDER
willing to go SO far for the sake of obtain-
ing the barren repeal of the Missouri re-
striction If there is one, leave it with
him to reconcile such a course with the
interests of his constituents. could not
answer, either to myself or TO those whom
/ represent, by giving eountenanee to a
policy SO directly opposed to my sense oi
justice, and to the slave interest. | would
athousand times rather leave the Missouri
compromise to stand as monument oil
the crisis which produced it, than to com.
nit myself to such principle.
1t was evidently the intention of those
who framed this bill to wipe out all traces
of slavery from Kansas and Nebraska
Let as see with what effect they have &C.
complished their object Those who fond
ly think, that after the passage of this
bill, these Territories may be settled bJ
shareholders with their slaves, and pro
tected in the enjoyment of that species
of property. base themselves upon one o
two propositions, or upon both: First
that the law of nature viii allow slavery
wherever there is no positive law prohib
iting it; and. second, that in all the terri
tory of the United States, which IS the
common property of all. the constitution
win establish it; or, in other words, thai
the constitution so FAR recognizes property
In slaves, that it viii protect it as prop
erty, in all the Territories over which il
has municipal jurisdiction, while there il
no law prohibiting it.
propose 10 examine these positions
and / think shall be able to show tha
upon neither one of them can slavery eyel
be carried into Nebraska or Kansas tha
they must forever remain free, unless tht
Territorial Legislature pass laws intro
.dncing It,. The result of which viii be
that southern men viii be excluded from
all participation in making these very
tlsws which are to operate upon this sub
iect, until It is too late. and the condition
of the country is irrevocably fixed. Thi
indeed takes rs back 10 our school days
when We were amused with the fool wht
swore he would never again touch tn
water until he had learned to swim.
must be pardoned if IN the examina
,tion of these questions. my remarks as
sumo somewhat the form of forensic
argument; and I must also be pardonee
if. IN the views which / shall submit,
run counter to those prejudices, if | maj
so term them. or those feelings, which
animate southern gentlemen in regard t
slavery. 1t becomes us to look the kga
consequences of this bill boldly in th,
face, and to meet them like men. ] an
isost of that school of politicians who ar
willing to leave this matter 70 the judicia
tribunals Of the country, with the express
kLat :f fI,au 10 nof dascid,