Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-03-27

where the earthquake and The Gre led the
charge, and where American virtue and Amer.
ican valOr maintained the unequal cOualet 8.
gaiust the mighty power OfBHlish tyranny anI
Before you hold this enactment TO
BY Law. burn urimnortal DeelarAtion and our
free written Constitution, ietter our free press,
and finally penetrate ths human soul aud put
out the light Of thai understanding which the
breath Of the Almighty hath kindlsd. This
would be a6tPrspArGtion for the Inauguration
Of such Legislation.
Bat, sir. We ate hot likely To receive thsss an.
aetmen!s as Law. II is too late to make n I'll
Ony to utter the self-evident truth that life snd
liberty belong Ofrigh. to every man By virlas
same creative energy which orsatbed ia.
10 him the breath Of life, aud be became a liz.
lag soul.
Americans will not do this wickedness, nor
permit others to do it. The people Of the Unl.
ted States will nOt allow any such vi.Iiany to re-
eeiTe the sanction Of law upon their territory
they will not be estOpped by such legislation
from utteriug thoughts and sentiment" cAlcu.
lated to effect and secure the freedom OF every
citizen Of the United States enslavsd in the
Territory Of Kansas, BY this atrocious assump.
tiOn Of power, and this fragrant violation Of the
Constitution and the organic act which eousti.
tute the supreme Law Of that Territory. Our
Organic act has provided that the legislative
power Of Kansas shall be restricted 10 such
rightfl subjects Of legislation as are consistent.
With the Constitution of the United States and
the provisions Of the organic act. This ORE.
tended Legislation Of Kansas violates the Consti.
tuition in this that it abridges the freedom Of
speech and Of the press, and deprives persons
Of liberty without due process Of law, or any
process but that Of brute force, which the Con.
stitu!iOn provides that Congress shall make no
law abridging the freedom Of speech or Of Ihs
press and it expressly prescribes thA! "no PSF.
son shall be deprived Of life, liberty, or proper.
y without due process Of law"
Which shall stand-the Constitution which
guarantees to each man personal liberty. and 10
collective man empire. or these atrocious stat.
ties which Inaugerate the worst despo!ism the
World ever saw There can be but one re-
ponse let no man here, upon the hearthstone Of
he nation, talk about the American Congress BE-.
ng bound to a respectful Obediance to any ter.
itorial enactment which violates SO pal,ablv
be Constitution. Such Legislation, sir, Is proof
tronger than thousand witnesses that they
Vho enacted it were AOt the Representatives and
ervants Of the free people whom by their laws
hey insult and seek to enslave.
There is still further objection to this lepis.
alton, assuming this territorial assembly to
laVe been. legally chosen--and that is the pIass
1t which they legislated.
The organic act prescribes the place where
he Legislature shall temporarily ligislato, snd
hat the FIRST meeting of the Legislature shall be
at such time and place as fhs Governor shall
direct Il 6xes the temporary seat Of govern.
ment at Fort Lsavsnrorh. The act of March 8.
1856, BY its terms implies fhaf the Legislature
may fix hs permanent seat OfgovernmsnG.
The Governor convened the Legislature II
'avnee. This was IFS first meeting and the
legislature, while al Pawnee, passed an act 6r.
ig the temporary seat of government al shaw.
ee School. The election statute was passed a.
hawnes, the temporary seat of government
Hed by the Legiflssars. Congress having 6r.
the temporary Seas of Legislation at Fort Lesv-
nWorth, il seems TO me plain taat she Legisla.
Ire couli not fix il temporarily elsewhere, nor
ould taey test the qualifications Of its members.
is the common law Of all legislative bodies.
nd inheres in them as naturally as 10 does in
Ioman to say who shall be her husband The
uthorities upon this subject are numerous.
mex few:
at is obvious that q power must be lodged
omewhere to judge of the elections, returns,
nd qualifications Of the members of each
Lou's composing the Legislature; for other.
ise there would be no certainty az to who
ere legitimately chosen memb ers indeed, e.
ctions would become under such circumstan.
ss mere mcOkery; and legislation the exer.
ss Of sO' sreignty BY any self.cOnstituted body.
he only possible question on such a subject
as to the body in which such a power shall
9 lodged. II lodged in any other than the le-
islativs body ITSELF its independence, its puri.
J, aad even its existence and action, may be
estrOyed, or put into imminent danger. No
ther body but itself can have the same motive
o pre- serve and psrpetuste these attributes
10 other body can be so perpetuAlly watchful
o guard its Own right, and privileges from In.
ringement. to purify and vindicAte its own
haracter, and to preserve the rights and sus-
ain the free choice ofits constituents. Accor.
lingly the power has always been lodged p
4 I L. L. Al