The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-09-04
THlRTY-F0URTH CONGRESS-.
Second Session.
Tuesday, august 26, 1856.
SENATE

| Mr.. Crittenden asked leave to introduce bill
to alter and amend the Nebraska and Kansas
| act.
MIR. Biggs objected to its reception, when
Mr.. Crittenden gave notice that he will intro
duce it tomorrow.
Mr.. Weller introduced the bill of which he
gave notice yesterday. he observed that he
was willing to do all in his power to obviate
the existing difficulties. The House had, in a
different form, expressed their dissent from the
laws OF the Kansas Legislature, and he agreed
with that body that these laws, or some of them.
violate not only the organic law, but the Con.
stitution of the United States He was there.
| fore anxious to wipe these obnoxious laws out
of the statute book, as infamous and atrocious
IN their character. He was the more ready to
take this step, being the chairman of the Com
mittee on Military Affairs and of course anxious
that that right arm of the public defence should
receive proper sustenance. lie thought there
would be no difficulty in passing the Army ap-
preparation bill.
Mr. Biggs moved that the bill be referred to
| the Committee on Territories.
Mr.. Wilson desired to offer an amendment.
and Mr.. Biggs withdrew his motion for that
purpose.
Mr.. Wilson then moved to amend the bill by
adding an additional section, declaring null and
void the l5lst chapter of the laws of Kansas.
being an act to punish offences against slave
property; together with such other provisions
OF said laws as recognise or protect Slavery as
a legahzed Institution in said Territory; to-
| gether with all provisions to abolish official
oaths other than those specified in the organic
act; or which require any test with regard to
Slavery and the Fugitive Slave Law, to be ap-
Piled to attorneys, jurors, or voters or which
suspend the right of habeas corpus or which
allow any other than actual residents of that
Territory to vote; or which allow Jurors to be
selected In any other manner than by lot or
wnlch punish citizens of that Territory by
chalnang them together, and exposing them to
labor on the public works, or causing balls and
chains of iron to be attached to them.
1t also further declares it to be the deliberate
opinion of Congress that all persons under ar.
rest in said Territory, under indictment for
treason or other political offences, are wrong.
fully detained, and directs their Immediate re-
lease. 1t further directs the Governor of Kan
sas to order all election in said Territory on
the Tuesday succeeding the first Monday in
November next, al which time all persons who
were actual bona fde residents of the Territory
on the first of May, 1856, shall be entitled to
vote, and shall be eligible to election. Mem.
| bers OF both branches of the Legislature shall
be chosen, the election to be according to an
enumeration and an apportionment to be or
dered by said Governor. A Delegate to Con.
gress shall also be chosen, as also sheriffs, pro.
bate judges, county commissioners, clerks, re-.
corders, &c. False swearing at any election
is declared perjury, to be punished by impris-
onment for not less than three nor more than
twelve months, and by fine of not less than
one hundred nOr more than FIVE hundred dol
lars and ten days after the election, all per-
sons chosen shall be eligible to enter upon their
/ d,,trac 10 &c Ill
claiming such authority.
Mr.. Bayard regarded Mr.. Weler's bill as of
no more effect than declaration of rights, and
as such he could vote for it, but under no cir
cumstances could he sanction any proposition
which would bring him into conflict with the
judiciary, or their action to the legality of
particular laws. He could never consent to any
| proposition to modify or restrain the power
vested by the Constitution in the Executive.
He was free to admit at the same time, that
some of the laws of Kansas were shocking to
| the moral sense of the community, and there
were some which invaded natural rights. Such
laws he was willing, by declaration of rights,
| to abrogate, because that was the only way in
which Congress could act; but the proposition
of the House to prevent their execution by the
President, without wiping them from the stat
ute-book, could be defended on no sound prin-
| ciples of constitutional legislation.
Mr.. Mason vGted for and approved of the bill
passed in May 1854, to organize the Territories of
Nebraska, and Kansas, becauseit gave the people
the right to regulate their domestic institutions
4! in their own way. This bill proposed to undo
that work, and to prescribe how far they should
| be free to make their own institutions as they
please, and in what respects they should not be
| thus free. This proposition did not meet his
appreciation. 1t seemed to be introduced now
as concession to the House, which had en-
grated a measure that they knew to be obnox-
ious to the Senate upon almost every one of the
appropriation bills, and insisted upon, it to the
defeat of the bill making provision for the support
of the army. He would move to lay upon the
table every proposition of that kind, until those
who were endeavoring to carry into effect their
revolutionary purposes should be reduced to
! submission, and be forced to desist from their
efforts to overthrow the Government. After the
Army bill was passed, if it should pass at all,
he would listen and deliberate upon their pro-
| prietyj but never until then would he entertain
| the subject for moment He moved that the
bill and amendments lie on the table.
Mr.. Weller urged him to withdraw that mo-
| ton, as he wished to speak on the subject; and
| it was withdrawn. Mr.. Weller said he was one
of the last who would sympathize with the
House in its factious course upon the Army
Jill DuJ the only OD1eCG Enicn ne mad In view
was to do what the Senate did some three or
four weeks ago; and the bill which he offered
was no more or less than one section of that bill
which the Senate had passed, but which for
some reason or other had been suffered to slum.
Der on the Speakers table. But as the House
find SO much fault with the oppressive laws of
Kansas, land he would admit that some of them
were oppressive, and as atrocious and Infamous
as any laws which ever found their way upon
the statute.book of a free people, in any age of
the worldly why should the Senate hesitate to
declare them null and void? As he had be-
fore declared, many of them were not only in
derogation of the organic Law, but of the Con-
stitution of the United States. Freedom of
speech was guaranteed by the Constitution but
bS some of these laws it was denied. When he
found laws which were in conflict with the
Constitution, he did not choose to wait for the
judgment of the Judiciary; but he wanted to
wipe them ont at once.
Mr.. Butler regarded it as subject that was
somewhat delicate to NEEDLE with, and he
thought the attempt to legislate would involve
US in greater difficulties than those now exist
ing. If the laws were unconstitutional, they
were void, without an act of Congress- to de-
clare them so, and the proper tribunals would
settle all those questions. He deprecated the
idea of holding out anything like a concession
to the Honse.