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

such slave or with effect procure the freedom
ceny and on conviction thereof shall suffer DEATH or
imprisoned hard labor for not less an years"
There is no larceny of property, of any kind,
which in my judgment demands punishment by
death. Certainly, | shall not agree to a law
which shall infiict that extreme punishment for
constructive larceny, in case where it is at
least disputed point in ethics, whether the Of
fence is NAHUM in Sc.
Here is another chapter
off any slave shall commit petit larceny, or shall
steal any cattle sheep hog be guilty of any
amor, other offence punishable under the pro-
visions of this only by fine imprisonment in
~ jail by both such fine and Imprisonment he shall.
instead of such punishment be punished, If a male, by
stripes on his bare back not exceeding thtynine
female, by imprisonment in county Jail exceeding
twenty days, by stripes not exceeding twenty
al the discretion OF the justice"
With repentance and atonement, Mr.. President,
may hope to be forgiven for inficting blows
upon the person of a fellow-man equal in strength
and vigor to myself. l should have no hope to
respect, if, on any occasion, under any circum-
stances, or upon any pretext, should ever con-
sent to apply, or authorize another to apply, a
lash to the naked back of a weak, defenceless,
helpless woman.
Sir, call these provisions which have recited
by what name you will-edicts, ordinances, or
are the laws which the House OF
Representatives says shall not be enforced in Kan
sas by the army of the United States. give
my thanks to the House of Representatives, sim
cere and hearty thanks. l salute the House OF
Representatives with the homage of my profound
respect. 1t has vindieated the Constitution OF
my country; it has indicated the cause of
Freedom it has indicated the cause of human
ity. Even though it shall tamely rescind this
vindcation tomorrow, when it she'll come into
conflict with the Senate of the United States,
yet / shall nevertheless regard this proviso,
standing in that case only for single day, as an
omen of more earnest and firm legislation in that
great forum. When, hereafter one shall be look
ing through the pages of statute laws affecting the
African race, for a period of more than quar-
ter of q century, he will regard this ephem-
eral recognition of the equality of men with the
affection and hope which the traveller feels when
approaching green spot in the deserts of Arabia.
1t must be other Senators, not !, who shall con-
sent to blast this oasis, and disappoint all the
hopes that already are bursting the bud upon it.
Mr.. President, although the fact is clear, that
the pretended laws in Kansas can only be exc
cuted by armed force, and therefore are obnox-
ious to presumption that they are founded in
injustice; and although those laws, upon search
ing examination, are found to be subversiye OF
the Constitution, and in conflict with all the sem
timents of humanity the whole case of the House
stated The proceedings which have hitherto
taken place in executing those laws have been
unconstitutional in their character, and attended
with grinding oppression and cruel severity.
The Senator from Virginia has asked me, whether
such laws do not exist in Missouri.
Mr.. MASON. The Senator from Virginia asked
you whether law on which you were comment
ing was not law of the State of Missouri, copied
by the Territory of Kansas.
Mr. SEWARD. Take the question in the shape
in which the honorable Senator repeats it.
suppose such laws exist in that State, and in
other States. l have this to say for those
States, and for the United States, that Federal
standing army has never been employed in exc
cutting such laws in those States And how
have these atrocious laws been executed in
Kansas? The marshal of the Territory, an Off
Ger dependent on the President of the United
States, has enrolled as a volunteer militia, at the
expense Of the Federal Treasury, an armed band
of confessed propagandists of Slavery from other
States; and this so-called militia but really un-
constitutional regular force, has been converted
into posse comitatus to execute these atrocious
statutes by intimidation, or by force, as the ma
ture Of the resistance encountered seemed to re-
quire. This has been the form of Executive ac-
ton. What has been the conduct of the Judicial
department? Courts of the United States have
permitted grand juries to find and have main
tanned indictments unknown to the laws of the
United States, to the common law, and to the
laws Of all civilized countries-an indictment OF
a tavern as a nuisance because the political Opin-
ions of its dodgers were obnoxious an indictment
of bridge over river for a nuisance, because
those who passed over it were Of opinion that the
establishment of Slavery in the Territory was in
furious to its prosperity; indictments even fprint
ing presses nusances, because the political opin-
Ton Tod ha
establishment of Free State Government. Either
with warrant from the courts, or without war
rant but with their connivance, bands of soldiers
with arms belonging to the United States, and
enrolled under its flag, and directed by its mar
shal combining with other bands of armed in
vaders from without the Territory, and without
even the pretence of trial much less of a judg.
ment, have abated the alleged nuisance of tav-
ern by levelling it to the ground, and the pre-
tended nuisances of the free presses by casting
type and presses and compositors desks into the
Kansas river.
Moreover, when the citizens whose obedience
to these laws was demanded, sought relief in the
only constitutional way which remained open to
them, by establishing conditionally, and subjec
to the assent of Congress, to be afterwards OBJ
tanned, State Government, provisional Execu.
tive officers, and provisional Legislature, in.
dictments for constructive treason were found in
the same courts, by packed grand juries, against
these provisional Executive officers, and detach-
ment of the army of the United States entered
the Legislative Halls, and expelled the represent.
atives of the people from their seats. During the
intense heat of this almost endless summer, q
regiment of Federal cavalry performs its evolution:
in ranging over the prairies of Kansas, holding in
its camp, as prisoners under martial law, without
bail or mainprize, not less than ten citizens thu.
indicted in those Federal courts for the pretended
crime of constructive treason. The penalty Of
treason, under the laws of the United States j:
death. What chance for justice attends those
citizens2 | will show ysu. The judge who i,
to try them procured the indictments agains
them, by charge to packed grand jury, in these
words:
"This Territory organized by act of Congress
and so fer its authority is from the United States II ha
Legislature, elected in pursuance OF that organic aci
This Legislature, being instrument OF Congress By
which il governs the Territory has passed laws. Thes
laws of United States authority making
and all hst resist these laws resist the power and author
lily of the United States, and therefore gully Of hs
snow gentlemen, if you nd that any persons have
sisted these laws then must under oaths, FIN
bills against such persons for high If you fn
that no has been made but that combine
tons have been formed for the PURPOSE of resisting them
ns and sbns sae
find bills for constructive treason" DC.
What will it avail their defence, before such a
court and such a Judge, that the Constitution
of the United States declares, directly and ex
plicitly, that treason against the United State!
shall consist only in leyying war against them
or in adhering to their enemies, giving them ali
and comfort.
Thus you see, Senators, that the Executiv
authority, not content with simple oppression
has seized upon the Judiciary, and corrupt
ed and degraded it, for the purpose of execu
a.. - IL
Kansas. The judge who presides in the Terrific
rial courts is creature of the President of tn,
United States, and holds his Office by the tenur
of executive pleasure. While the sword O
Executive power is converted in Kansas into al
assassin's dagger, the ermine of Justice is stained