The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-09-06
CONGRESSIONAL.
SPEECH OF HON. A. II. STEPHENS,

on the report Of tho Kansasnvestgatng COMMITTEES in
the case Of REEDER against WmrFIED delivered in the
House Of Representatives, July 81, 1856.
Mr. STEPHENS said
Mr. SPEAKER: If we're consult my feelings to-day,
my strength and physical ability, should not trespass
upon the patience Of the House II were 10 consider the
temperature Of the day, the heAbe swelterng heat BY
which almost oVsrpoweed-l should certainly say
nothing on this occasion If look to what Is the
apparent temper and Of this body upon the subject be-
fore indicated BY the vote taken two days ago,
should feel constrained 10 let this question now be decided
without word from me should despair OF al nope Of
being able to change what To be liked dsermnA-
ton Of majority Of the House by any effort could make
Day before yesterday majority on this floor, IN
order 10 reach purpose similar that which they now
bent on confer the most Unlimited and dan
gerous power on the President ol the United States No
subservient party in the British House Of Commons sye
yielded power 10 the Grown W vote OF eoA1dene
than this House the occasion refer TO- conferred uPon
Chief Magistrate whom they have been won't 30 gen
eraly mstrust and unJasy 70 oensure and uphraid
ande the the amendment offered BY the gentle
from Ohio Mr. SHERMAN 10 tie army bill II Is In
these words:
ropsdsd asprthse That part Of the military force
Of the United provided for shall be employed
in aid Of the enforcement Of the eactents Of the alleged
legislative assembly Of the Territory Of Kansas recently
enacted either that valid legislative
semby chosen, Ii conformity with the organic law W the
people Of the said Territory: nd provied That until Con-
gress shall passed upon validity Of the said legiA
assembly Of Kansas it shall be the duty OF the President
to use the military said Territory preserve the
suppress nsrrection repe invasion and protect per-
sons ana property therein and upon the national highways
in the State of Missouri elsewhere from unlawful seizures
And Be further provided That the President is required
to disarm the present organized militia OF the Ierory
uted and prevent armed from going into the said
Territory to disturb the public peace or TO ald n the en-
forcemeDt or resistance Of real or pretended laws.
The President by this provision which received the sane
ton Of majority Of this House Is created sole dictator
over Kansas His viii, should the Senate cDncur-w Inch
feel confident they will not do-would be omnipo
han III ufT he Roman
egious before he crossed the Rubcon Gentlemen on this
side Of the Hoase their misguided zeal for what they
call freedom have conferred the President power that
myself would confer on no living man. Not only this
they have conferred power IN direct violation Of the con-
sttuon Of the United States They have authorized the
President to dlsarm the nIiild q hazsdsi The second
amendment Of the constitution is in these words
Mr. PURvIANCE / rise to a question Of order. Is il
in order to refer to the action Of this body on former oc
casion7
The SPEAKER The Chair thinks that the gentleman
from Georgia is in order far be has proceeded.
Mr. STEPHENS The gentlemaA may keep quiet This
the only vote of the majority intend TO sllude to
Another have store may disturb him even more
than this The second article Of the amendment TO the
constitution Of the United States is as follows
weI-regulHted militia being necessary the security
o free State the right Of the people to keep and bear arms
shall not be ufringed."
That is the language Of the constitution We have all
sworn to support The night Of the people-the iua-to
keep and bear ShaR BE- rrgsd says the consttu
ton bat this House The face and teeth o the constp
ton has said that this right shall be innge the
militia Of Kansas shall be disArmed and ths the wheels Of
government shall be stopped unless this unconstitutional
beest Of theirs shall be complied with And Dow, since
have the majority Of this House thus arAyng them
selves against the constitution and striking down this
great bulwArk Of liberty and the safeguard Of the rights Of
the free white people Of this country 70 answer unhA
lowed purpose Of party, under false idea Of negro free
dom justified in saying that almost despair Of
e+ecting anything by what may say il behalf Of right
truth, Justice law order, and the constitution
But sir, that vote was given without argumsnt-witb-
out fun debate on The subject before Us not
vet ammeled with the previous question It Is ny pur
nose therefore ny bodily weak
ness Notwithstanding the heat Of the weather and noth
standing this unfavorable indication Of the tone and tenn
uer Of The House-t0 make appea 70 whatever good
sense and sound Judgment may be left IN the House do
not yet despair Of the OF truth shall despair
% long viii hear and lend listening ear 70 rea-
sou ntsnd to-day to argue this question on principles
fred irnrnutble and unasssAble those Of the
stution itself and approach the subject with the feel
ings Of three nerved for the argument from the con
sciousness that bis i bot0med UpOa truth and
right.
W WHITFIELD the sitting delegate Of the Territory q Kan
sns not entitled his seat, such, this floor. And
state in the Of what shall say in opposition 70
this resolution that the question has not changed in The
slightest degree since the subject here before The
port Of the Investigating committee sent out 70 Kansas has
not changed the merits Of the iotA There Is 70 fact
10 circumstance collected IN the Of testimony that
now before which changes the merits Of the ques
ton in the smallest particular How stood the before
the committee instituted The sitting delegate pre-
sened himself with the CeTbcate under the seal Of The
governor Of the Territory, duly elected under the terri
toria Law passed in conformity with the Law Of Con
greEs By virtue Of the cerhcate be ia, and
took his seat What the objection fled 70 bis bold
inp his seat such An allegation The part of The
contestant not that be did have majority of the legR
voters the election but that the h1 IN the Ter
ritory under which the sitting delegate elected
farad the election under Il therefore Uoa bauSs q
the uegaity of the organization OF the territorial leEsa
ture that enacted Il This the whole
merits Of the case il stood when the committee
raised said then and say now that the subject 0f The
Esyalfv or gav Of The organization Of the territorial
legislature Of Kansas question which this House
has 10 Jurisdiction The proper return and election Of
the members Of that legislature questions 70 be set
tied and determined BY the governor and the houses q
the legislature respectively themselves This my po-
sition then and il is the shall not At this
tine repeat the argument then submitted but throw
down the gauntlet and defy any gentleman 70 answer or
cuutrovert IL No get over il or around H.
but bT overriding principles old Magma ChATtA
and which lie Al the foundation Of al American repre-
sentative institutions The right Of every Legislative body
10 settle and determine absOlsiv the election Of lie
members i necessary incident Of its organic unc
any decision Of the Commons touching the election of is
members neither the Commons question like decis-
ion on the part the Lords touching the qualifications Of
peer neither the King BY bis preroEative interfere
with the decision Of either house such subjects These
principles laid down the "I paTlsaogvi' hy Sir
Edward Coke sustained by Blackstone Mr. Justice Sto-
~ Kent Rawle and al writers upon the subject They
the United States FAR the rights OF both houses Of
Congress concerned and in the constitutions Of All
State governments defining the powers Of their Legislative
bodies
The same principle recognised and affirmed By the So
preme Court Of the United States IN the Of Borden