The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-03


they had no expectation of Slavery going into
Kansas, and which animated our fathers when
the Missouri Compromise was adopted, it seems to
me they would consent to restore it, and in so
doing they would, in my opinion, in thirty days
give peace to the country. If we could forget
the excitement growing out of misrepresentation,
in different parts of the country, as to the views
entertained in other parts, and look upon this
question as friends of the Union, as lovers of
the Constitution, men willing TO do all that
lies in our power to perpetuate the glorious hertz
age which has been handed down to us, think
we should be willing to do this. I shall not,
however, make the proposition, for the reason
that cannot see any probability of its passage
at this time. 1t should have my vote, and
should be exceedingly glad to see it proposed
with a prospect of success, and coming from
Senators residing in the South.
But, sir, if that cannot be done, what is it our
duty to do? Shall we sit still and leave these
obnoxious laws which have been alluded to, and
many others to which have not alluded, but to
which the attention of the Senate has been hereto
fore called in this discussion in full force2 Is that
statute to remain in force in the Territory which
makes 1t penal offence, punishable by impris-
onment for two years, for person to say that
Slavery does not rightfully exist in Kansas q?
Why, sir, before God, believe it does not right
fully exist there. Every man who believes that
the Territorial Legislature which sat in Kansas
was imposed upon the people by fraud and vio-
lence-that it was usurpation-andth that Slavery
cannot exist without municipal law to protect
it, must believe that Slavery does not rightfullv
exist in Kansas and yet he is liable to punish
ment for avowing that opinion; and not only for
avowing it, but for circulating a document that
avows it
Instead of meeting this question in fraternal
spirit with kindness upon all sides we hear it
&l.A4 t,a.o L.. l..
OF the bayonet; and the President is commended
by Senators for the course he has taken in refer
snce to this matter. Now, wish to review the
Presidents action upon this subject. / know it
has been said that the laws are to be enforced,
and that we must put down traitors and insur-
rectionists. True, sir; but we must find traitors
before we hang them; there must be an insur-
rection before we undertake to quell it. AS yet,
that state of things has not arisen, in my iudg-
ment, which makes it proper TO denounce as trail
tors the settlers of Kansas, who have resorted TO
the only means left in their power to escape the
deSpotism which is being imposed upon them
do not understand them to have organized any
resistance to the General Government. | recog-
Mise the authority of Congress to govern the Ter
ritories of this country while they remain Ter
ritories and deny the right of that or any other
Territory to set at defiance the action of Congress-
Were the people Of Kansas to do that, and levy
guilty of treason, and the whole power of the
Government should be exerted to reduce them to
subsection and enforce the laws. But that case
has never arisen, and ] trust it never may. 1t is
very different thing from treason for the people
OF Kansas to resist the acts of usurpers and
tyrants. Sir, we are told by an authority little
less than Divine, that Resistance to tyrants is
obedience to God If the Legislature which
sat in Kansas composed of men who were
fAI I.G -. Al ~
army of invaders from abroad, | say there is no
obligation on anybody to obey their laws; and
so far from condemning as insurrectionists those
who resist them, we should strengthen the hands
Of the men who are seeking to set them aside.
The message and documents the President has
sent us are said to contain "all the information
on the subject" of Kansas affairs in the Depart
mont of State. This was on the 18th of February,
1856. We have, then, before ali the informa-
ton in the possession of the Executive on the
l8th of February last
To show how the people of Kansas have not
only been imposed upon by spurious Legisla-
ture, but also the means which have been resorted
to to embarrass and place them in false position
before the country, and in attitude of hostility
to the General Government beg attention par
ticularly TO the documents which have been laid
before US; and will undertake to show 10 the
satisfaction CT any intelligent mind, that there was
December last; that it was gotten up, as appears
from the documents themselves, upon false ru-
mors, and without sufficient cause. The first we
know of this difficulty is in telegraphic dispatch
from the Governor, Wilson Shannon, as follows
"WEsTPoRT, Missouri, December l, 1855.
al desire authority to call on the United States
forces at Leavenworth to preserve the peace of
this Territory to protect the sheriff of Douglas
county, and enable him to execute the legal pro-
cess in his hands. If the laws are not executed.
civil war is inevitable. An armed force of one
THOUSAND men, with all the implements of war;
it is said, are at Lawrence. They have rescued
a prisoner from the sheriff, burnt houses and
threatened the lives of citizens Immediate
assistance is desired. This is the only means
to save bloodshed.
"Particulars by mail WILSON SHANNON.
"His Ercetlency Franklin Pierce"
Now, sir, on what was Governor Shannon's
dispatch founded? On Sheriff Jones's letter
telling him that Branson person arrested on a
peace-warrant, had been rescued by armed
body Of between forty and fifty men, rs the Gov
ernor writes but of between thirty and forty, as
Buckley, who was present at the time Of the res
cue, swears.
This was the immediate and the main cause of
that modest request of Sheriff Jones for three
thousand men to aid him in the execution of the
warrants in his hands, and to protect him and
his prisoner from violence" The prisoner alluded
TO was Coleman, who had killed Dow but who
does not appear from the papers communicated
TO have been at the time in the sheriffrs custody
The affdavits of Jones the sheriff, of Buckley,
who sued out the peace-warrant against Branson,
OF Hargis and the letter of Clark to the Governor
all bear date subsequent to the Governors dis
patch to the President, and could not, therefore,
have furnished the grounds on which il was sent |
To go still further back, we find there was very
slight excuse, either for the suing ont of the
peace-warrant or the conduct of Jones in arrest
ing Branson. At the risk of making myself some |
what tedious, will read a portion of Buckley's |
affidavit made on the 9th of December 1855, as |
he gives the origin of the siege of Lawrence. He |
swears:
That he ras informed on good authority, and |
which he believed to be true, that Jacob Bran
son had threatened his life both before and
after the difficulty between Coleman and Dow,
which led to the death of the latter. ] under
stood that Branson swore that deponent should |
not breathe the pure air three minutes after |
returned, this deponent at this time having gone
down to Westport, in Missouri :, that it was
these threats, made in various shapes that made
this deponent really fear his life, and which in
duced him to make affidavit against the said |
Branson and procure peace arrant to issue,
and be placed in the hands of the sheriff of |
Douglas county; that this deponent was with |
the said sheriff Is. j. Jones) at the time the |
said Branson was arrested, which took place
about two or three o'clock in the morning that |
Branson was in bed when he was arrested by
said sheriff that no pistol or other weapon was
presented at the said Branson, by any one that
after the arrest, and after the company with the
sheriff had proceeded about FIVE miles in the
direction OF Lecompton the county seat of
Douglas county, the said sheriff and his posse were
set upon by about between thirty and forty men,
who came out from behind hon,e all armed