The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-08-21

Almighty God that will SUPPORT the Constitution Of IN.
United states and that will support and sustain the
visions OF an act entitled An act ganize the Terri
tories Of and and the provisions the
law OF the United StaNs commonly known the ' Flu
gss stdre LdD and faithfully and impartally, and 10
the best of my ability deme myself the discharge of
my duties in the Office Of; so help me God"
Here is an edict which establishes a test oath,
based on political opinion, and, by DISTINGUISHING
one class of citizens, devolves the government
upon another class, and thus subverts that prin-
ciple of equality, without which no truly repub-
lican government has ever existed, or ever can
exist.
Excuse me, Senator'S for calling to your notice
a third chapter in the Territorial code of Kansas:
any free person, by speaking by writing assert or
~ at Psson' hars moi n. rSa nota ar sn
pnblish, write circulate cause TO be introduced into
this Territory, written, printed published or circulated
IN this Territory, book paper magazine pamphlet
circular confirming any denial of the right of persons
to hold slaves in this Territory such person shall be deem
ed GUILTY OF FELONY, and punished by imprisonment al
hard labor for term OF not less than two years"
"f any person print ,cria introduce into, publish I"
published, circulated shall knowingly aid or assist
in bringing into, printing publishing or circulating with
handful, circular containing any statements, argu-
ments, opinion sentislea doctrine advice or innuendo
ous disaecion among slaves in this Territory,
induce such slaves escape from the service OF Their
resist their authority he shall be guilty OF
felony and be punished by imprisonment and hard labor
for a term not less than FIVE years
Sir, ever since the debate about the extension
of Slavery in the Territories of the United States
began, / have from year to year, from month to
month, and sometimes even from day to day, in
this place. and at other posts OF public duty,
spoken, written, printed, published, and circula-
ted speeches, books, and papers, which construct
lively would be pronounced felonious, If such law
as this had been in force at the place where that
duty was performed. | have not hesitated in the
spirit of free man. and, SO far rs | can claim
such characters, under the responsibilities of
statesman and Il Christian, to scatter broadcast
over the land, and even throughout the Territory
of Kansas ITSELF statements, opinions, and senti-
ments, which, though designed for purpose diff
ferent from that mentioned in this edict, doubt
not would by prejudiced judicial construction be
held to fall within its inhibition. Whatever other
Senators may choose to do, shall not direct the
President of the United States to employ stand
ing army in destroying the fruits OF Freedom
which spring from seeds have conscientiously
sown with my own free hand. This statute, sir
if you insist on calling it, subverts the liberty
of the press and the liberty of speech. Where on
earth is there free Government where the press
is shackled and speech is strangled? When the
Republic of France was subverted by the First
Consul what else did be do, but shackle the press
and stihe speech. When the second Napoleon re-
stored the Empire on the ruins of the later Repub-
lie of France what else did he do, than to shackle
the press and strangle debate? When Santa Anna
seized the Government of Mexico, and converted
it into dictatorship, what more had he to do
than shacke the press and stiie political debate
Behold, Senators, another of these statutes
In the chapter which treats of the writ of habeas
corpus we have this limitation:
"No negro muiato, held as slave within this Ter
ritory, lawfully arrested fugitive from service from
another State Territory shal be discharged nor shall
his right Of freedom be had under the provisions of this
acLn
This is an edct which suspends the writ of ha-
beas corpus. 1t relates indeed to a degraded class
of society, but still the writ which is taken away
from that class is the writ of habeas corpus and
those who are to be deprived of it by the edct
may be freemen. The State that begins with de-
nying the habeas corpus to the humblest and
most obscure of freemen, will not be long in reach
ing more indiscriminate prescription.
1t ought to be sufficient objection here, against
all these statutes that they conflict with the Con-
stitution of the United States, the highest law
recognised in this place. l myself denounce
them for that reason, as | denounce them also
because they are repugnant to the laws OF nature,
as recognised by nearly all civilized States.
Pardon, pray you, Senators, the prolixity of
the next chapter, which extract from the Kan
sas code:
every person who may be sentenced by any court o.
competent ursdcon under any law in force within this
Territory punishment by confinement and hard labor
shall deemed convict and shall Immediately, under
the charge of the keeper OF such jail public prison. or
under the charge person the keeper of such Jail
or public prison may select be put hard labor, the
first section of this specified ito wit on the Streets
roads PSoc or osr paSe Q, 'ne
having charge ofsuch convict shall cause such convict
while engaged at such labor to be securely confined by
chain feet in length OF not less than foursixteenhs
than threeeighs of an inch links with round
bal Of Of less than four nor more than six inches
in diameter, attached which chain shall be securely fast
ened the anks of such convict with strong lock and
key and such keeper other person. having charge Of
such convict conne such convict, while
engaged hard labor by other chains, other MEANS
his discretion keep such convict secure, and
convics under the charge such keeper other person.
convics shall be fastened together by strong chains
wi strong locks and keys, during the time such convcts
shall be engaged hard labor without the walls of any
Jail or prison."
/ have devoted, heretofore, no unimportant
part of my life to mitigating the severity of
penal codes. The Senate of the United States
now informs me, that if desire the privilege of
voting for this bill, which is designed to main
tain the army of the United States in its integ
rity, must consent to send that army into the
Territory of Kansas, to fasten chains of iron six
feet long, with balls of iron four inches in di-
| ameter, with strong locks, upon the limbs of Of
| tenders guilty of speaking, printing, and pub
fishing, principles and opinions subversive of the
| system of Slavery.
Sir, have no excessive tenderness in regard
to taking life or liberty as a forfeiture to the
peace and safety Of society. Yet do say,
nevertheless, that regard chains and balls, and
| all such implements and instruments of Sla-
very, with detestaton so profound, that |
will sooner take chains upon my own frame, and
wear them through what may remain of my own
pilgrimage here, than impose them, even where
punishment is deserved, upon the limbs of my
| fellow-men. / cannot consent to 90 back
ward, and restore barbarism to the penal code of
the United States, even for the sake of an appro-
priation to maintain the army of the United
States for single year.
The Kansas code rises, as you advance through
| it, to a climax of inhumanity. Here is the next
| chapter:
al any person shall aidor assist enticng decoying
persuadag carrying away, sending of this
Territory, any slave belonging 10 another with intent
effect the freedom Of such slave with
he shall be adudged guilty of grand larceny and con-
vicon thereof shan s'er death be imprisoned st.hard
labor for not less than ten years.
Pray tell me, Senators, what you think of that.
This statute has been promulgated in Kansas,
Territory of the United States. 1t can have
become a law there only, directly or indirectly,
through the exercise of the legislative power OF
the Congress of the United States. The Con-
stitution of the United States confers upon Con-
gress no power whatever to consign any human
being to condition of bondage or slavery to
another human being, but, the contrary,
prohibits the exercise of power SO inhuman and
| barbarous.
The Constitution of the United States, conse-
quently, confers on Congress power, directly OF
indirectly, to make it crime in one man to per-
shade another, reduced to bondage or slavery to
seek his freedom. l repudiate this pretended
law, therefore, and will not consent to send the
army of the United States to Kansas to exc
cute it.
Mr.. MASON. Will the Senator allow me to
ask him whether the law to which he has Just
adverted is not law of the State of Missouri
adopted by the Territory of Kansas?