The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-05-01
THE NATIONAL ERA: WASHINGTON, D. C., MAY 1, 1856 :

mass of the people of the North and of the West.
The difficulty of the immediate emancipation of
large bodies of slaves in States where it has been
long established, is as fully understood and as
freely admitted by the people of the free States
as by the people of the slave States.
But, sir, this is not a mere abstraction, when
applied to Kansas There, the question is new
one. You go there, not to defend old institu-
tons, but to organize society-to lay the founda-
tons of republic de moro. There you are free
from every embarrassment attending the question
of emancipation in the old States You go there
in advance of organized society, to plant the pill
lars of State, where your triu is supreme-where
you may either approve or prohibit Slavery, as
your hearts may prompt and your consciences
approve.
Then, if my argument is conclusive as an Gb-
sractton it is equally conclusive when applied to
the practical question of the introduction of Sla-
very into all the Territories of this Union where
it has not previously existed. If the oppression
of the weak by the strong is wrong in the first
organization of civil society, and should be pro-
hibted by law, it should be prohibited in Kansas
in Nebraska, in Utah, and in New Mexico, as it
was prohibited in the Northwest Territory, and
as it is now prohibited in Minnesota and Oregon.
1t should be prohibited wherever you go to lay
the foundations of State-to build up a new
republic.
There is an apology for the existence of Sla-
very in the old thirteen States. When they were
severed from Great Britain, they inherited the
institution of Slavery. You found it pre-existng
in the Territories of Louisiana and the Floridas
You acquired it with Texas, in her reception into
the Union. But it was not acquired with Utah
and New Mexico. And, in 1854, it had no prac-
tical existence north of $50 30/ in any of your
Territories. In the great unoccupied Northwest,
this institution was no part of your inheritance.
There it can have no existence, unless planted and
sustained by the strong arm of this Government.
will close this point of the discussion by quoting
an opinion of Hon. John Mclean, one of the JUS
tees of the Supreme Court of the United States
When Intercepted on this subject this learned
jurist said:
"Without the sanction of law, Slavery can no
more exist in a Territory than man can breathe
without air. Slaves not property, where
they are not made so by municipal law. The
Legislature of Territory can exercise no power
which is not conferred on it by act of Congress"
If Congress has power to prohibit Slavery in
all of her Territories if natural justice requires
its prohibition wherever the question is unem-
barrassed by its pre-existence under local legisla
ton, it should be prohibited in Kansas without
delay. There imperative reasons for the i'm
mediate action of Congress, growing out of the
peculiar circumstances of its introduction and
protection in that Territory. In its introduction,
violence has attended it at every step--the right
to the peaceful exercise of the elective franchise
has been violently overthrown-freedom ofspeech
and of the press has been ingloriously trampled
under foot-legisation has become a mockery-
the towns of Kansas have been besieged by bel
ligerent armies-her plains have been stained by
the blood of her murdered citizens-the widows
wall and the orphans moan over slaughtered
husbands and fathers have driven the Goddess of
Liberty from her temples while the armies of the
I'LL
the dust at the feet of usurpers. 1t was intro
duccd by pioLence, and is sustained by force.
Nor has Congress any assurance that this war
is ended. The people of Missouri are secretly
marshalling their forces for the conflict. They
have resolved to continue Slavery in the Territory
by force. The shadow of the arm Of the General
Government may be used for this purpose but
the propelling power is in Western Missouri.
The people there seem to be laboring under the
strange delusion, that the safety of their slaves
would be greatly endangered by the re-establish-
ment of Freedom in Kansas, not rejecting that
Iowa bounds her on the north by an open line.
No Chinese wall separates these sister States.
The people of both States live by each other in
peace and quiet. No fears seem to be entertained
that the people of Iowa will steal their slaves.
But strange infatuation seems to have seized
them in regard to the people of Kansas as if the
more direct route to Canada were by the Rocky
Mountains.
The people Of western Missouri are not alone ;
the people of the Southern States are contributing
allies-they sending men and money to defend
Slavery in Kansas. The people of the Northern
States marshalling opposing armies for the
same field of strife. Shall Congress sit idly here
and await the result of the shock of arms-if
indeed, that shall happen-until fraction of the
people of this great nation shall settle great
question of State policy, on the battle field, in
human gore? 1t is useless to denounce the peo-
pie of Kansas traitors to the Union, for dis
carding the spurious laws of spurious Legsla-
ture. 1t will be vain to attempt to produce peace
and quiet by compelling freemen to submit to
laws which they never sanctioned. The wM of
freeman will not so easily bend.
But Congress can settle these disturbances in
a single day, either by suffering Kansas to be-
come State, in pursuance of the true intent
and meaning" of the organic act that conferred on
the people :" the right to regulate their own in
situations in their own way" or by amending
this organic act as to exclude Slavery from the
Territory. And fear it can be settled peacefully
in no other mode; for it is now clear that
if the citizens of Kansas should finally succeed
in triumphing over all opposing infuences-force,
fraud, perjury, spurious legislation, and fear
may safely add, the influence of this Admins
tration--and exclude Slavery by direct vote,
they have no assurance of peace and quiet; for
the same statesmen that deny the power of Con-
gress to exclude Slavery from the Territories, also
deny the power of the Territorial Legislature to
exclude this species of property. They tell
that such legislation by Congress and by Terri
torial Legislatures is alike unconstitutional and
void that Shareholders have the right to take
their slaves into any and all of the Territories
purchased by the common blood and treasure;
that the Constitution guarantees this right, and
that oil laws excluding them are in bad faith.
Hence this "squattsr sovereignty" doctrine,
which declares that "the people of Territory
shall be left free to regulate their institutions
in their own way, is fraud on the free States.
When properly understood, it means that the
people may establish Slavery in the Territories
if they choose, and that they shall be compelled
to do so if they refuse Nothing more-nothing
less. 1t has been introduced into Kansas by
force, and is now defended by the armies
of this Government. And the country is dis
tinctly notified, that if this defence of Slavery
in the Territories should be discontinued, that
the Union of these States shall be dissolved.
The honorable Senator from South Carolina,
Mr.. BUTLER Justly admired for his great tai
ents, and venerated for his candor and integrity
few days SINCE in a very able speech then
delivered on this subject on the floor of the Sem
ate, made the impressive and startling declaration,
That he wished to be understood-he did not
speak rashly-his words were measured-but
unless the equality of the States could be pre-
served in Territorial legislation he would advise
the people of South Carolina to go out of the
Union" This may not be the exact wording of
the Senator's proposition, but it does violence
to the sense. He said deliberately" land called
the Senate to note the elaboration -" with
measured words -" that unless the equality of
the States could be preserved in Territorial leg
islation, he would advise the people of South
Carolina to go out of the Union"
The character of that equality" which must