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

WHOLE NUMBER, 1854

vice Of his mastsf, or to aid or hSrbOr any
slave who has escaped from bis master;
That BY the eleventh section thereof it iS
made felony, punishable BY FIVE years in
Pri'Oumsnt. to print, or circulate. or publish, or
aid in printing, circulating or publishing with
10 said Territory, any bOUk. paper. pamphlet.
magazine, hAndbill or circular, containing any
sentiment calculated 10 induce slaves 10 es:sps
from the service Of their masters,
That BY the twelfth section thereof Il is
felony, punishable with imprisonment for two
years, for any free person, BY speaking or uri.
ting. to assert that persons have not the right
to hold slaves n said territories, or to circulate
there any book containing any denial Of the
right Of any person To hold slaves in said Ter
ritory.
These, sir are the provisions Of the lsgislA-
tive enaetments of this Kanzas Assembly, 10
which gentlemen point as the evidence that the
body which enacted then was the legal and du-
y constituted Legislature Of KanEas.
We are told more than that, for, if under
stand the distinguished gentleman from South
Carolina Mr.. Boycel Alright, be argues that
We are TO abide BY that legislation. We are 10
: recognize these laws as obligatory, and to bow
to their supremacy-that TO DO less were trea-
son. |, sir, repel the suggestion; I. iOf one.
claim the right Ofan independent Representa-
tive Of free and Independent constituency to
question the validity Of that Legislation.
claim the right TO inquire into it, to know
whence it emansted and by whom it was en-
acted. But sir, it makes no difference TO me
who enacted these infamous statutes, or who
chose the Legislative Assembly which so as
sumed to legislate. insist upon it that it is
as plain as any fact in nature that this Legisa-
ton is void by whomsOeVer enacted. And
why Simply because it contravenes the Con.
stitutOn Of the United States, and which Con.
sftution, by the express terms of the organic
act restricts the legislative power of the Legis
lstiVe Assembly OF Kanzas to such rightful
subjects of Legislation as are consistent with the
Constitution. believe that it is not constitu.
tiona to restrict the freedom Of speech within
the Territories of the United States, and that
snch restriction is not rightful subject Of leg.
islation.
We have seen that this act Of the territory /
Of KanEas makes it felony Tor free citizen
ofthe United States to maintain that persons
hsve..nota right to hold slaves 10 that territory.
I deny, sir, that The Territory has the power
conferred upon It by its organic Law to make
such an enactment. insist upon it that it is
restrained by the very words Of the statute from
doing it and that any territorial enactmen.
which makes it a felony for citizen of the IT,
nited States, within the territory OF the United
States, ito know, to argue, and to utter freely
according to oeonscience," is absolutely void, |
because it is not consistent with that provision |
of the Constitution which declares that the
Congress Of the Uuited States shall not pass
any law abridging the freedom of speech or of
the press. 1t has conferred the po wer of leg
islatiOu on that territory; but at the same time
of cOnferrng that power. it said, in terms plain
and clear to the comprehension of any man,
that such Legislation ehould only extend 10 such
rightful subjects OF legislation as we're conss.
tent with the Constitution. Congress has the
power to restrain and prevent any such leg;s- 1
ation By psrmittingit to stand. Congress
approves it, and, in fact, enacts it. What
Congress does BY another, 1t does itself in e. G
feet. .
Ay, sir, Congress i, to abide BY this statute, {
which makes it felony for citisen to utter or c
publish in that territory "any sentiment ealcuIa-
ted 10 induce slaves to escape from the service {
of their masters" Hence it would be felony
there to utter the strcng words of Algernon
Sidney. resistance to tyranny is obedience to
God :" felony to say with Jefferson. 81 have
sworn upon the altar Of my God eternal hOstil.
ity to tyranny in every form over the mind and
body Of man." felony to utter there, in The
hearing Of q slave, upon Americas soil, be- '
meath the American flag, the words of fame '
which shook the stormy soul Of Henry, "Gve
me liberty, or give me death felony to read c
ia the hearing of one Of those fettered bond L
men the words of the Declaration, can men
are born free and equal, and endowed By their
Creator with the inalienable rights Of Efe and
liberty" felony to utter there those other
words, blazing in letters Of living light on the
great written character of our National Govern
ment, ave, the people Of the United States,
in order to establish justice" the attribute Of
God, and ITO secure liberty" the imperishable
right ot man, do "Ordain this constitution"
felony to harbor slave escaping from his
thraldom; EelOay 10 aid freedom in its fight
felony to shelter the houseless, to cloths the
naked, to feed the hungry. and to help him