The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-27
IN CONGRESS OF THE U. STATES.
rhirty-Fourth Congress Extra Session.
TUESDAY, AUGUST %, $50.


Mr. CRITTENDEN asked the unanimous consent Of the
Senate TO introduce bill 10 alter and amend the act OF
Congress entitled IAN act to organize the Territories Of
Nebraska and Kansas approved the 30th OF May 1854
AIR. BlGGS objected TO the reception OF the bill
MIR. CRlrTENDEN then gave notice that be would ask
leave TO introduce II Tomorrow morning.
Mr. WELLER in pursuance OF notice given yesterday,
asked and obtained leave to introduce bill amendatory of
act passed the 30th OF May 1854 entitled "An act
ganize the Territories Of Nebraska and Kansas which
was read twice The BILL published yesterday, having
been incomplete and the title having been changed
publish II IN its present form
Bill amendatory of passed the 30th of May, 1854,
titled An act to organize the Territories of Nebraska and
30 enacted &c. That inasmuch as the constitution of
the United States and the organic act said Territory have
secured to the nbabants thereof certain rights
which they be deprived by any legislative
ment therefore religious shall be required as
qualification to any Office public trust law shall DO in
force enforced in said Territory respecting establish
men Of religion prohibiting the free exercise thereof Or
right Of the people peaceaby assemble and petition for
redress OF grievances the right Of the people be
reasonable searches seizures shall not violated and
warrant shall issue but upon probable supported
by oath affirmation particularly describing the place
be searched and the persons things be seized
shall the rights Of the people to keep and bear be in
nged No person shall be held to for capital or
otherwise infamous crime unless prosentnept iniet
ent OF grand jury nor shall any person be su6eet Tor
nor shall be Compelled IA any criminal case to be- witness
against himself DO deprived Of life, liberty property
na the accused shall enjoy the right speedy
and public trial BY an impartial jury OF the district wherein
the crime shall have been committed which district shall
been previously asceraned by law and to be informed
of the nature and Of the accusations to be confronted
with the witnesses against hm to have compulsory
Of obtaining witnesses in his favor and to have the assistance
Of counsel for his defence The privilege Of habea
shall not be suspended unless when in OF rebellion
invasion, the public safety require It, IN suits at COM
law where the value controversy shall exceed twenty
by jury shall be otherwise any
ofhe United States than according tberues Of the common
fines imposed. cruel and punhments inflicted
law shall be made have force effect in said Territory
which shall require test oath oath to support act OF
Congress other Legislative qualification for any
civil Office public trust, for any employ profes
shall impose any upon condition of the
right Of suffrage BY any qualified voter or which shall re-
strain prohibit the free discussion Of law subject of
Legislation in the said Territory the free expression of
opinion thereon by the people of said Territory.
Nc. WELLER remarked that in introducing this BILL his
object to do all in bis to obvate the existing
difficulties. The House OF Representatives in a different
form had expressed their dissent those laws Some of
them in violation only of the organic act but Of
the constitution of the United States and he therefore
willing that they should be wiped of the statutebook
The bill which be introduced nothing less
than section of the bill that had recently passed the
Senate but had not been &c ed in the House, and IL
presented TO them separate proposition might prove
acceptable and be the of enabling the armyappro
pration bill to pass unencumbered with any obnoxious
legislation.
Mr. BAYARD said that the bill was nothing more than
declaration of rights and such he could vote for it
but he was unwilling TO support measure which would
bring him into conflict with the action of the Judiciary
to the legality OF particular laws which would tend to
modify restrain the power vested in the Executive He
would admit at the time that of the laws of
Kansas shocking to the moral of the commun
ty, and subversiye of natural rights Such laws he
willing, by declaration of rights TO abrogate and annu
Mr.. WILSON moved to amend the bill by adding the
following additional sections #a
Sro. And be Il further enacted, That the l5st chapter
the alleged of the Territory of Kansas entitled Gan
act to punish offences against property with such
other provisions Of that code recognise and protect slavery
egazed institution of said Territory and all provisions
which establish official oaths other than those specified in the
organic act which require test in regard TO slavery
the ugvesave law to be applied attorneys Jurors
voters which suspend the writ Of Iabsa. corpus. or
which allow other than actual residents Of said Territory
20
tory by claiming them together and exposing them labor
them be- and the hereby declared imperative and
void and 1t is further declared the deliberate opinion Of
the Congress Of the United States that all persons under
rest indictment in said Territory treason other al
legged political offences should be Immediately released
sEe AID De rtasr enacted That the Of the
Territory OF Kansas shall order election in said Territory
the Tuesday succeeding the first Monday in November next
which time all who actual bona ds residents
shall be entitled vote and shall eligible to election; and
members Of both branches Of the Legislature shall then be
elected according to enumeration and apporonmen so be
ordered by said governor AT said election delegate
Congress shall also be chosen and the people Of the various
counties shall sso elect sheriff. treasurer, probate Judge
three county assessor oerk
and in the various townships precincts less than
%ay direct Fs wenr At ad de
clared perurypunishabe by imprisonment less than
three than twelve months and by fine lees than
500 nor more than $500 And ten days aer said sesop all
persons chosen TO Office shs be eligible upon the dis
charge OF their duties to the exclusion Of persons
claiming such authority ~ 49, s+4
Mr. MASON yotsd FOX aud approved Of the bin passed
IN Nay 1854 organizing the Territories Of Kansas and
Nebraska because ID left the people of those Territories
free TO regulate their domestic institutions in their
way. But this was proposition 10 undo that work and
to prescribe how far they should be allowed 70 make their
own institutions and where that freedom should be
abridged and restrained. Such measure did not con-
mend itself to bis judgment either necessary useful
II the people OF Kansas had tyanstnded the powers
erred upon them 10 the organic act and had enacted laws
which Ters Ia CONFIRMATION of the constitution Of the
United States the proper judicial tribunals would decide
that matter, and II would be unwise and improper for
Congress 10 oreta their action But IL had been init
mated that the passage Of this bill might facilitate the pas
sage of the army-appropriaton bill lie opposed to
aching ia view Of that consideration. He would move
70 lay upon the table every proposition whatever might
he its nature that contained any concession those who
endeavorng to carry into effect their revolutionary
purposes by Withholding the necessary supplies for the
army and stopping the wheels OF After the
army bill should have passed, II Il shall pas all he
would listen with great respect 10 aud deliberate to the
proprety 81 adopting, this proposition but until that
TINE he could not entertain it fo moment He therefore
moved 70 lay the bill aud amendment the table.
Mr. WELLER hoped that motion would be withdrawn
be wished to speak the subject The motion having
been Withdrawn Mr. W. said that be one OF the last
senators upon this floor 20 feel any sympathy with the
tious Of the House Of Rpresen in Debating
the armyappropriatiou bill The qnlY object which he
had in view do what tia Senate did some three Or
tour weeks ago some o Che laws which had been enacted
~ The Kansas legislature Unconstitutional Freedom
of speech IS guaranteed by the constitution there was
law in Kansas directly in conflict with that provision
AND which prohibits The people from aiacusseg psrtcu
s.1 L. r -.