The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-24

instead of being lessened, has increased; that
there now stand on the borders armed men,
who, when they meet emigrants coming from
Massachusetts and Illinois, or from any Of the
free States, tell them they cannot and shall not
enter. This violence, instead of being dimin-
ished, instead of being exercised to drive peo-
pie out of the Territory, is exercised, now that
they have been driven out to keep them out.
Does your bill touch them? No, sir. 1t was
illegal to drive them out; it is illegal to keep
them out; and just as much illegal without the
bill as with it. Therefore, while the bill holds
out this fair proffer Of indemnity to these men
to go back and resume their citizenship and
exercise their rights, in reality they are less
able to go back than they were before.
The Senator from Illinois complains that it
has been represented that there was all inten-
ton, desire, a purpose, by the legislation of
Congress, to make Kansas slave State. Mr..
President, have been educated to believe in
the wisdom of that maxim Of the common law,
which says that man intends the natural con-
sequences of his act. 1t is not for a man to
take a gun and fire into crowd, and say he
did not mean to hurt anybody. The law says
that he intended the natural consequences of
his act. Ii this were matter that could be
brought before the cognizance of judicial
tribunal; if the honorable Senator from Illinois,
or any other, who voted for the repeal of the
Missouri Compromise, were on trial before
judicial tribunal would it not put fair, a legiti-
mate, legal, and an honest instruction to the
jury to pass on the question, for the Judge to
say, Gentlemen, here was an act prohibiting
the introduction of Slavery into the Territories
the individual is charged with having removed
it for the purpose of introducing Slavery into
the Territories; and it is for you to say wheth.
or, in taking down the only barrier that kept
Slavery out, and the one that kept it out per-
fectly, he did not intend to do what has natu-
rally followed from his act?" That is what
mean, when l say it was the intention of the
act to make slave State of Kansas
Mr.. Hale proceeded to read an extract from
a speech Of Senator Evans, of South Carolina,
where the intention was avowed
There the sentiment is frankly and honestly
avowed that the purpose, the wish, of the slave
States, in this act, was to obtain Kansas as a
slave State, and to obtain it as a guarantee
Then, when we look at the history of the legis
lation of the country; when we see its natural
it's inevitable effect and when this candid avowai
is made on the floor of the Senate, by the hon.
orable Senator from South Carolina, let me ask
if there is any want of candor, or of fairness,
in saying that it was the intention and the de-
sire, by that system of legislation which was
insugurated by the repeal of the Missouri Com
Il
confess such has always struck me as being the
pslpable object. The honorable Senator from
Georgia Mr.. Toombs says to me that ninety
nine out of every hundred men in the slave
States wanted it as slave State and never de.
MED it. | thank him for that admission.
Mr.. Hale next defended the Topeka Consti-
tuition.
Sir, the movement was not revolutionary,
but it was something short of revolution. They
did not disturb the existing authorities They
admitted the authority Of your Governor; they
not only admitted his right, and the right of the
persons appointed by the United States of
America, to execute process upon them, but
they rendered themselves as assistants to aid it.
They did deny the authority of the Territorial
Legislature.
How your authority carried out? How
was this submission received? Why sir, they
were treated, on the part of the authorities, as
if they were rebels, they protesting all the time
that they were not. | am not going to repeat
here what was done in Lawrence. l suppose
it is not matter of doubt that the hotel was
burned; it is not matter Of doubt that the print.
ing presses we're demolished and thrown into
the river; and that that was done, or pretended
to be done, by virtue of an indictment found
by grand jury which pronounced it nui-
sancs.
Mr.. Toombs. That is it.
Mr.. Hale. "That is it," the Senator SAYS
Sir, where was it ever known on the face of
Gods earth, where they had Anglo-Saxo gov
eminent, whether free or despotic that an in
dictment for a nuisance was executed by de-
molishing the thing that was pronounced
nuisance, before there was any judgment found
whether it was a nuisance OF not? 1t is ad.
mitted that this was done-that your Federal
officer, with that indictment in his hand, went
and did these acts.
Sir, it is difficult to talk of these things with
that GOODNESS and moderation which have been
so much counselled to us by those who, Iunder.
stand, stand here rs the spologists of what has
been done in Kansas-done by the Govern
ment-yes, sir, repeat it, done by the Govern
ment. Has there been any word of reproof
sent out by the Executive? Has there been
anything intimatsd to the men who have done
this, that it is not exactly the way in which ju.
dicial process is to be served? Has there been
any rebuks administered to the judicial officers
who have taken this way to execute the laws?
Not at all but these men are sustained to day
by the President of the United States These
officers, who have thus outraged the rights of
citizens, are kept in Office. The same violence
that has driven these men out of Kansas, in
stead of being rebuked is countenanced, and
1t extends itself to the borders, and keeps free
citizens from coming in; and then we are asked
to submit to this bill at this time.
will not occupy any more time, sir / have
said all that propose to say; but before sit
down | will renew the motion made on the
other bil-and that is, ia the fifth aud sixth
lines OF the second section of the substitute of
the committee, to strike out "the 4th of July.
1856" and insert "the LIST of April, 1887" as
the day on which persons must be residents in
order to be counted
The Presiding Officer, (Mr. Stuart in the
chair.) The question is on the amendment Of
the Senator from New Hampshire 10 the amend
ment of the Committee on Territories.
Mr.. Wade. call for the yeas and nays.
The yeas and nays were ordered and being
taken, resulted-yeas Ii, nays gas follows
YEAs-Messrs. Allen, Bell, IN. H. Cola
mer, Durkee, Fessenden, Fish, Foot, Foster,
Hale, Hamlin, Seward, Trumbull, and Wade
Is.
NAYs-Messrs. Adams, Bayard, Benjamin,
Biggs, Bright, Brodhead, Brown, Butler, Cass,
Clay, Crittenden, Dodge, Douglas, Fitzpatrick,
Geyer, Hunter, Iverson, johnson, Jones,
Qowa,) Mallory, Mason, Pearce, Pugh, Reid,
Sebastian, Slidell, Stuart, Thompson, XVI
Toombs, Toucey, Weller, and Yulee-32.
So the amendment to the amendment was
rejected.
Mr.. Trumbull. If this proposition is to pass,
l desire that it shall be put in such shape as
will place the parties in the Territory of Kan
sas, as nearly as we can do 90, on an equality.
But do not think there can be any equality
between them, while the 30 called Territorial
laws are in force, and continue to be enforced
by the persons claiming to be officers. be-
lieve it to be absolutely necessary to wipe out
those laws, and dismiss those Territorial Off.
GERS who are riding, booted and spurrsd, over
the Territory, and, under various pretences, i'm
nria0nino and nlnndar;nr a.I -ALL:...- -, ::