The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-17

his power, consequently, must be wholly taken
away. Happily, however, for Kansas, and for
US, her revolution is one that was anticipated
and sanctioned and provided for in the Constitu-
ton of the United States and is therefore a
peaceful and (paradoxical as the expression
may seem) a constitutional one. Never before
have | seen occasion so great for admiring
the wisdom and forecast of those who raised
that noble edifce of civil government. The
people of Kansas, deprived of their sovereignty
by domestic tyranny, have nevertheless law
fully rescued it Professionally, and so exercising it,
have constituted themselves State, and applied
to Congress to admit them as such into the
Federal Union. Congress has power to admit
the new State thus organized. The favorable exer-
cise OF will terminate and crown the rev.
olution. Once State, the people of Kansas can
preserve internal order, and defend themselves
against invasion. Thus, the constitutional REM
edy is as effectual as it is peaceful and simple.
This is the remedy for the evils existing in the
Territory of Kansas, which propose Happily,
there is no need to prove it to be either lawful
one or a proper one, or the only possible one.
The President of the United States and the Com
mittee on Territories unanimously concede all
this broad ground, because he recommends it,
and they adopt it,
Wherein, then, do differ from them2 Sim
ply thus. Propose to apply the remedy now, by
ton and present Constitution. My opponents
insist on postponing the measure until the Terri
tory shall be conceded by the usurping author
tiles to contain 80, roo inhabitants, and until
those authorities shall direct and authorize the
people to organize new State, under new Con-
sttution. In other words, L propose to allow
the people of Kansas to apply the constitutional
remedy at once. The President proposes to de-
fer it indefinitely, and to commit the entire ap-
DllcatIOn N no ban of bor
derers. He confesses the inadequacy of that
course by asking appropriations of money TO
enable him to maintain and preserve order within
the Territory until the indefinite period when the
constitutional remedy shall be applied. There
is no sufficient reason for the delay which the
President advises. He admits the rightfulness
and necessity of the remedy. 1t is as rightful
and necessary now as it ever will be. 1t is de-
manded by the condition and circumstances of
the people of Kansas now. You cannot Justly
postpone any more than you can justly deny
that right. To postpone would be a denial.
The President will need no grant of money, or
of armed men, to enforce obedience to law, when
you shall have redressed the wrongs of which
the People complain. Even under Govern
ments less free than our own, there is no need
of power where justice holds the helm When
justice is impartially administered, the obedience
of the subject or citizen will be voluntary cheer
full, and practically unlimited. Freedom Justly
due cannot be conceded too soon. True free
dom exists, the utmost bounds of civil liberty are
obtained, only where complaints are freely heard
deeply considered, and speedily redressed. So
only can you restore to Kansas the perfect free
dom which you pledged, and she has lost.
The Constitution does not prescribe 3d. 700, or
any other number of people, as necessary to con-
stitute State. Besides under the present ratio
OF increase, Kansas, whose population now is
10000, will number 100000 in q few months
The point made concerning numbers is there
fore practically unimportant and frivolous. Tho
President objects that the past proceedings, by
which the new state Of Kansas was organized,
were irregular in three respects First. That
they were instituted, conducted, and completed,
without previous permission by Congress, or
by the local authorities within the Territory.
Secondly. That they were instituted conduct
ed, and completed, by a party, and not by the
whole people of Kansas and, thirdly, that the
new State holds an attitude of defiance and in
subordination towards the Territorial author-
ties and the Federal Union. | reply, first, that if
the proceedings in question were irregular and
partlsanlike and factious, the exigencies of the
case would at least excuse the faults, and Con-
gress has unlimited discretion to waive them.
Secondly. The proceedings were not thus irregu-
lar partisanlike, and factious, because no act of
Congress forbade them-no act of the Territorial
Legislature forbade them, directly or by impli-
cation-nor had the Territorial Legislature power
either to authorize or to prohibit them. The
proceedings were, indeed, instituted by u party
who favored them. But they were prosecuted
and consummated in the customary forms of pop
ular elections, which were open to all the inhab-
itants Of the Territory qualified to vote by the
organic law, and to no others; and they have in
no case come into conflict, nor does the new State
now act or assume to engage in conflict with
either the Territorial authorities or the Govern
Al
irregularity where there is no law prescribing
what shall be regular. Congress has passed no
law establishing regulations for the organization
or admission of new States. Precedents in such
cases, being without foundation in law, are with
out authority. This is a country whose Govern
ment is regulated, not by precedents, but By
Constitutions. But if precedents were necessary
they are found in the cases of Texas and Califor-
mia, each of which was organized and admitted
subject to the same alleged Irregularities
The majority of the Committee on Territories
in behalf of the President interpose one further
objection, by tracing this new State organization
to the influence of secret, armed political soc-
ETY.. Secrecy and combination, with extra Judi
eial oaths and armed power, were the enginery
of the Missouri borderers in effecting the subju-
cation of the people of Kansas, as that machinery
is always employed in the commission of politi-
cal crimes. How far it was lawful or morally
right for the people of Kansas to employ the
same agencies for the defence of their lives and
liberties, may be question for casuists, but GER
tainly is not one for me. / can freely confess
however, my deep regret that secret societies for
any purpose whatsoever have obtained a place
among political organizations within the Repub-
lie; and it is my hope that the experience which
we have now SO distinctly had, that they can be
but too easily adapted to unlawful, seditious and
dangerous enterprises while they bring down
suspicion and censure on high and noble causes
when identified with them, may be sufficient to
indace general discontinuance of them.
Will the Senate hesitate for an hour between
the alternatives before them? The passions of
the American People find healthful exercise in
peaceful colonizations, and the construction of
and the building up and multiplying of
republican institutions. The Territory of Kansas
lies across the path through which railroads must
be built, and along which such institutions must |
be founded, without delay in order to preserve |
the integrity of our Empire. Shall we suppress |
enterprises so benevolent and so healthful, and |
indame our country with that fever of intestine |
war which exhausts and consumes not more the /
wealth and strength than the virtue and freedom |
OF nation? Shall we confess that the procla-
nation of popular sovereignty within the Terri |
tory of Kansas was not merely failure but was |
a pretence and q fraud? Or will Senators now |
contend that the people Of Kansas, destitute as |
they are of Legislature Of their own, of Exec
utive authorities of their own, of Judicial author
tiles OF their own, of a militia of their own, of
revenues of their own subject to disposal by
themselves, practically deprived as they are of the
rights of voting, serving jurors and of writing.
printing, and speaking, their own opinions, are
nevertheless in the enjoyment and exercise of |
popular sovereignty? Shall we confess before
fHn yx.rA affn IL