The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-10


SPEECH OF HON. SAM. GALLOWAY,
OF OHIO,
On b Rs ,ion reported BY the Committee OF Elections
IN The Contested Election Case from the Territory OF
Kansas Delivered in the House of Representatives
March L. 10
Mr.. Speaker, present and maintain, as a
prominent point, to which / invite the attention
of The House, that this Kansas Legislature has,
by its legislation, utterly violated the great
fundamental principle of the organic act Of the
Territory; and hence that ali its enactments
contrayening the constitutional law of the Ter
ritory are void. The distinguished Senator,
lAlr. DOUGLAS, who ought to know the spirit
and letter of the kansas-N ebraska act, has, in
a recent report, thus characterized that meas
ure:
KahsasNebrssks act expressed in the law ITSELF
ass The actual sas and bona de fahabant Of each
1erifO7y psecy free form and regulate their domestic
ntsfions IN sheir olrn ioGy subject only The Constitution
OF 5e United Ssaas'"
These are the words expressing this Heading
idea" and which may be found in the fifteenth
section Of the act
II being Ihe and meaning of this act not TO
iegislate Slavery into any Territory exclude il
form snd regulate their domestic institutions In their
wsyn
Now, sir, | respectfully ask that gentleman,
and all in this House who concur with him in
sentiment, whether that fundamental princi-
pie" is not totally subverted by these enact
Inents p
II any person print, write introduce into, or publish
circulate, cause 10 be brought mto printed, written
Published circulated, shall knowingly aid
ln thi- reTrilory any book paper pamphlet magazine
haBdbl or circular, CONTAINING any statements argu-
nenis opinion sentiment, doctrine, advice, or nuendo
calculated to produce disordery Dangerous or rebel
hous dsEecon among the slaves Of Tins Territory or TO
induce such slaves escape from The service OF their
masters or 10 resist authority, shall be guilty OF fell
ony and be punished b. comment at hard labor for
term not less than hve years
III any free person. by speaking writing,
In.nin that persons have no, the night hold slaves
Territory, shall introduce into this Territory, print
publish WRITE circulate, be introduced into
this Territory written, printed, published, circulated
circar containing any denial OF right persons
hold tins Territory such shall be deemed
guilty OF felony, and punished by imprisonment hard
labor for not less than two years.
" No person who conseienIiously opposed holding
raVe who does admit tho night hold slaves IN
Ins Territory shall si as juror the trial of any
scuuon Tor any violation OF any OF the sections Of this ac
These are but portion of the infamous laws
comforting freedom upon the people to regulate
domestic institutions.
All will admit that matrimony is domestic
institution which the people ought to be free TO
regulate in " their o,cn tcay.' But suppose that
interesting Territorial Assembly bad enacted,
that if any person write, print, or circulate any
document containing any statement, sentiment,
or innuendo, calculated to produce dangerous
or disorderly disofection among the aires of
that Territory, or should circulate any book,
paper, or circular, containing a denial Of the
gight Of persons 10 hold aoiueS in that Territory,
and that, for the former offence, be should be
imprisoned not less than five, and for the latter
not less than two years-would not the unani-
nous judgment be, that such lawmakers ought
to be inmates Of lunatic asylum, instead of
members Of Legislative Assembly? The peo-
pie Of that Territory could not build prisons
large enough to hold all the felons who would
make Statements and inaueadoes," causing
disorderly, dangerous, and rebellious dsaffec-
tons among the aires, and who denied the
right of persons to marry; and it would not be
many years until it would be more respectable
TO be inside than outside of prison. Unless
Slavery is dearer domestic institution than
marriage, cannot conceive why slaves should
he protected with more tenderness and care
than wives. Is the liberty of speech and Of the
press TO be thus caricstured by civilized legis-
lators2
Mr.. Speaker, how are they "perfectly feeP"
If you, or |, to-day, in any company in Kansas,
were TO express the very common, and, as we
think, very reasonable sentiments, that free Ia
Dor was more profitable and vastly more pleas
ant than slave labor, and that the people would
be richer, happier, and holier, with the benefits
of Freedom than with the blessings of Slavery,
we would be liable to arrest; and although per-
.fectly free, we might in short time have the
glorious experience of the perfection of our
freedom within the walls of prison-a place
not usually regarded sffording the largest
liberty.
Suppose some meek minister of Christianity,
not fully having the fear Of the law in his
heart, should whilst declaring the whole counsel
of God, in a moment of unusual spiritual excite
ment utter such scriptural sentiments as these
Is not this the fast that have chosen, to loose
the bands of wickedness, to undo the heavy
burdens, and to let the oppressed go free, and
that ye break every yoke?" "Whatsoever We
would that men should do TO you, do We even
so TO them" Might not some popular SOW
erignty" Democrat, innocently suspecting that
such words contained "innuendoes,' at least
calculated to excite "dis0rderly and danger
GUS disdfections" arrest him, and start him in
the straight and narrow way to place where
he would not be so perfectly free to preach the
free Gospel Of peace on earth and good viii
to men" If not in ms Oion ioay, at least in the
way prescribed by the pious legislators il
Kansas?
Suppose, on the 4th of July, some patriots
and tervent patriot should read from the Dec
laration of Independence, ave hold thes
truths to be selfevideut, that all men are ere
ated free and equal that they are endowed
with certain inalienable rights, among which
are life, liberty, and the pursuit of happiness;
might not some descendant of those sires of tn
Revolution, who first uttered those sentiments
which then and since have been known and fel
TO produce disOrderiy and dangerous disdfet
tiOns, arrest the imprudent orator, and put hin
an a place where he would be free to meditat
On the blessings of liberty?
" Perfectly free ?" So were those victim
whom the tabled robber Procrustes placed upol
his iron bed. They enjoyed free use of thei
legs; but, If they were not adapted to the prin
cipies of his legislation, he stretched them
they were too short, and Topped them off if the,
were too long, to suit the length of his law il
regard to free legs. Tantalus, also, in his ia
bled hell, was perfectly free to eat and drink
To be sure, when be undertook to exercise hi
liberty of drinking, the water retreated from hi
lips. but yet he was free to use what he coul
not get. He WAS perfectly free to eat of tn
rich clusters of grapes that hung above hin
but, when he attempted to seize them, the win
blew them from his grasp. So with the icater
political salvation, and rich clusters ofthe grape
of Freedom, around and over the People {
Kansas. AS soon as the thirsty and hungr
for Freedom attempt to eat or drink, althoug
perfectly free to do so, they are seized and In
prisoned for exercising their appetites an thei
orn sody.
Mr.. Speaker, it is not many years since tn
thunders of the people were directed against
President and Congress of the United States
for their usurpation and arbitrary stretch {
power, in causing to be enacted the memorabl
!. sedition law" Thomas Jefferson, the grea
apostle of Democracy, and his disciples, hav
ever denounced it as despotic violation of th
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