The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-08-29
VOLUME XlI-NUMBER IS.

hibits them from defining what shall bc
crime, and providing for the punishment o.
that crime, 1t is the first principle Of leg
islation, and lies at tho foundation, to de
fine ofenses against the laws, and provid,
punishment for those offenses. What iha,
that to do with the organic act! think
the Senator will DO somewhat troubled to
show il.
Mr.. PUGH. If the Senator wishes me
to explain, think / can do it in a mo.
ment.
Mr.. FESSENDEN. | shall be happy to
hear the Senator.
Mr.. PUGH. ! have no doubt Of their
power to define offenses; But when Con.
srcss says by law, that the people of Ter.
ritory shall decide whether they will mako
a slaveholding State, or non-slaveholding
State, that involves tho right to debate the
question before decision, and the Iegisla-
ture has no right to say that debating II
shall be an oirsnse. That they cannot de-
fine as crime.
Mr.. FESSENDEN. Very well, sir, that
is the Senator's argument; but let me 90
little further, and ask him how is the act,
requiring an attorney so take an oath to
support the fugitive slave law, opposed to
the organic law Of the Territory?
Mr.. PUGII. Iay We have the right To
define who are the people to whom we have
the authority of deciding the
question. We did it in the original act
We defined the qualifications of voters for
the first election in so many wor 8.
Mr.. FESSENDEN. But what as to the
law in reference to practitioners at the bar?
Mr.. PUGlI-> Tho honorable Senator from
Massachusetts,, not now in his scat, fMr.
SUMNER insisted that the bar was the great
protection of human liberty; that we ought
not tdimposc on them any test which was
not required for the exercise Of the right of
suffrage. yielded the point.
Mr.. FESSENDEN. The honorable Sem
itor voted to repeal that; but tell you IL
you take any one, and interfere with it by
legislation hero, you upset your whole doc
:rne. That is the difficulty, and the cause,
N my judgment, why the Senator from iii.
iois was 50 cxcoedingly sensitive on the sab
ect, and why he replied with so much heat
% the remarks made by my friend from
Ohio, [Mr. Wadc.l II is because this re-
liculous idea of popular sovereignty is sent
,lck by this bill to that state of contempt
md derision from which it was rescued, for
he purpose Of passing the original Kansas
'ct-that very thing out of which 80 much
apital has been made, and attempted to b,
made before the community, is now gone,
md gone at a very unfortunate period for
gentlemen, in my judgement.
Sir, am interested in the election about
% come of before the people. | claim to
iave as much interest in it as any other per-
'on. Whether | am Republican or
Black Republican, or an Abolitionist, makes
'cry little difference. intend, with what
trcngth have, to expos, before the p,oplc
IS much of thcss proceedings as | am able
o do, and to designate them by what con-
Give to be their true character. | intend
o hold up this bill which has been passed.
say it in no unparliamentary sense-as
rand and a cheat upon the people, appar-
ntly designated for the purpose of pacif-
ating Kansas, but bringing with it the pur-
'osc, if possible, Of making Kansas slave
'tatc, during tho existence of this Adminis-
ration, and before the people have been
blc to decide whether the Administration
hall be in very different bands. I notify
Gentlemen Of this, but rs | said before, l do
lot mean to represent that the bill is not,
lpon its face, apparently an honest bill;
hat at other times, and under other circum-
tanccs, 1t might and would not be likely to
produce good effects. At the present time
t is delusive. II pretends to hold out peace,
md it docs nothing to bring about pace
Il pretends to give quiet, but 1t leaves the
people in the Territory, and out Of the Ter
-itory, as much at liberty to commit out
ragcs from this time to the next fall as ey-
II. 1t does not protect single man in go-
ns to the Territory, or living quietly while
he is there; AMI it docs MT pretend to do
50. IL only provides that if he Gads his way
there, he may live there If he can; he may
stay there IL he darcs he may remain if he
will risk his life and property in doin. IL;
md then, If he does all that, and eau find
his way to the polls, there will b, guard
Of United States soldiers ready to protect
him in putting in his ballot, if his name Is
upon the list. That is all.
have the greatest respect for the ability
Of the Senator from Georgia, and Of tho
senator from Illinois; and really hofo
they do not think 50 mcanly Of me as to
suppose that am deludcd by the prsten-
.ious appearances of this bill. hope they
10 not think so contemptuously Of thos,
who constitute the minority Of tho Senate,
as to suppose that they have been dsludcd
for an instant by any Of the prctenscs which
have been held out as the foundation Of this
bill. have not been, my friends, 50 lnd-
I'd. Gentlemen must goa great DIAL fur
thcr. If they want to render Kansas peace
able, let them do it properly in time, and
let them allow people to return there, and
live in quiet, and find that they can e1er.
else their rights as citizens. When this has
been done-when the evils that tho origin
al bill has occasioned have been removed,
make provision that, when the people como
to exercise the right Of suffrage, they shall
A.. ,,.o,ac.aJ hy all tho nower of the Gov