The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-22
THE MINORITY REPORT ON KANSAS AFFAIRS.


Collame attributes the violence and discord which
eonvuse that Territory to the principle of popular self
government OH which the Kansas bill is based 1t is
sumed by the author of that report that in regard thr
teen of the present prosperous States of the Union the
ton of Congress conducted uniform and prudent
principle during their pupiage Territories which has
been abandoned to Kansas and that the existing diff
Guilty in respect to this Territory grows egmaely out
of the unwse abandonment of that principle in the Kan
sas bill The rule which is thus assumed to have been
uniform, and TO be abandoned is stated 10y Mr.. Col
lamer in his minority report as follows ITO settle by
clear provision by act of Congress the law in relation to
the subject of slavery to be in operation in the Territory
while it remained such not leaving 1t in any of these
to be subject of controversy within the same while
in the plastic grste of its YOUTH In elucidaon of the
practical wisdom of this rule he proceeds:
And though, whenever people Of Territory to
form their organic law independent State they
would either before after their admission State form
and mould their institutions, sovereign State in their
yet il must be expected, and has proved
true the State has taken the character her pupge
prepared her for well in respect slavery in other
spects Hence six Of the thirteen States free States be-
slavery prohibited in them by Congress while Ter
ritores, to wit Ohio Indiana, Illinois Michigan Wscon-
SIM and Iowa Seven of the thirteen sasehodng States
because slavery allowed in them by Congress while they
Territories to wit Tennessee Alabama, Mississippi
Florida, Louisiana, Arkansas, and Missouri"
1t will be clearly that Mr. Collamer only claims
for Congress the power to dow to pTuhbh slavery in
the Territories, but legitimate consequence to deter
mine the question whether slavery shall shall not exist
when such Territories become States for he says dis
tincty it must be expected, and has always proved
true that the State has taken the character her pupage
has prepared her for well in respect TO slavery in
other respects 1t follows necessarily that whenever Con-
gress ALLOWS slavery exist during the pupage of the
Territory, it continues to exist when it becomes State
and in like manner, when slavery is prohibited by Con-
gress during the pupage it is excluded in the State
is not purpose to spend time in controverng
the historical truth of Mr. Colamers position to the
existence the uniformity of the rule laid down by him.
but merely state his position with the view ofexaminng
the conclusion at which he arrives in regard to the depart
ure from it in the Kansas bill We must state, however,
that the history of the legislation OF Congress this
subject understood very differently by another dstin
guished senator In speech delivered in the Senate
eral days before Mr. Collame made his report and in his
presence Mr.. Toombs threw down the gauntlet in the
following emphatic terms:
"The honorable senator from New Hampshire wants the
practice of fathers. will give it to him say the
mpiedly from the establishment Of this government
under the constitution until 1920; and stand ready all
times make good the assertion and demand proof OF
gle statute to the contrary. Such prohibition be
found In the statutes of the United States The right pro-
hbt the people Of the different States of this Union
into the territories with their property was
asserted by the Congress Of the United States from
1889 to 1920. The elder Adams, of Massachusetts signed
bill establishing territorial government country
claimed by independent auhortythe only foot of territory
he Tntt.A sptb
grant, unietered by the conditions Of any grant and
gard that territory they struck in words the sixth
anavery section Of the ordinance Of 1884, and extended
the residue Of the ordinance TO it, Ii that upon each
division OF the Northwest Territory, the whole ordinance
applied to each Of it's parts but that in pursuance
the contract with the old confederation.
In 1903 under the administration Of Mr.. Jefferson
established the territorial governments Of Orleans and Lou
ssna and subsequently, in the region, the Territories
OF Missouri and Arkansas In 1919 obtained ceson
Florida from Spain and established territorial government
there. In all these there prohibition Of slavery
No such prohibition enacted until 1920 upon the propo
son to admit Missouri State. The Congress OF 1920
the first that assumed and exercised such power
Thirty years had then elapsed since the formation Of the
sution. Almost all the fathers OF government had gone
their graves Then II that ambition defeated hope
blasted political prospects, brought strife and mischief
the public councils then that the equitable and just
policy Of atherE abandoned then sowed the
wind, and resping the whirlwnd, Then II
former distinguished citizen Of Massachusetts though at that
time senator from New York. (Rufus King inaugursted
the policy Of prohibition IL had no support pretence
of foundation In the practice Of the fathers from 1889 1890
Eight territorial governments in operation by Con-
gre by the fathers Of the republic without the
in any Of them Of this power Of prohibition. When it
then proposed those Of the fathers who ving-M
Jefferson and Mr.. Madison and otheroame forward and
put their condemnation upon that assumption Of unconu
tiona authority"
Here was a bold challenge made TO Mr.. Collamer His
report prepared with this challenge ringing in bis
Mr. Toombs called him to point TO the Of Con
gress prior to the Missouri restriction in which the power
to prohibit slavery was asserted. Mr. Coamer has
sumed that such statutes do exist but be has failed cite
n single one. The affirmative on him He was oha-
Ienged to produce instance lie has failed to do So and
We have right to infer for the reason that none such
be found His uniform rule therefore has no actual
historical existence
But return from this depression Mr.. CoIlamer pro-
ceeds show the departure from the assumed aunorm
rule by quoting the clause in the Kansas bill which re-
peas the Missouri restriction and leaves the regulation
Of the subject Of slavery 10 the people Of the Territory
and by process Of reasoning ingenious than ngen
draws the conclusion that the violence and dscord in
the natural and unavoidable results Of this new
principle OF popular sovereignty.
lit be fair logic to connect the difficulties In Kansas
with the principle of popular sgovernmen as laid down
the Kansas BILL in the way Of and effect we would
respectfully ask Mr. Collaner Why the same system Of
logic is be applied 10 the of things in Nebras
ka The two Territories organized by the same law
and the principle in the exact language applied to
both jet Nebraska organized without disturbance or
Yer La