The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-24

sentative of free and independent constituency. to
question the validity of that legislation claim the
right to inquire into it, and to know whence il ema
mated, and by whom it enacted But sir il
makes no Differences to me who enacted these infa-
nous statutes, or who chose the Legislative Assem-
bly, which assumed to legslate I insist upon IL
that it is as plain any fact in nature that this
legislation is void, by whomsoeyer enacted. And
why? Simply because it contravenes the Constitu
ton of the United States which Constitution by the
express terms of the organic act restricts the eSsla
tive power of the Legislative Assembly of Kansas to
such rghu subjects of legislation as are consistent
with the Constitution. believe that it is not con
stutional to restrict the freedom of speech within
the Territories of the United States and that such
restriction is not rightful subject of legislation
We have seen that this act of the Territory of
Kansas makes it felony for free citizen of the
| United States to maintain that persons have not
right to hold slaves in that Territory. deny sir
that the Territory hes the power conferred upon
/ by its organic law to make such enactment. /
insist upon it that it is restrained by the very words
| of the statute from doing it and that any Ter
| ritorial enactment which makes 1t felony for
citizen of the United States within the territory of
the United States "to know, to argue and to utter
freely, according to conscience is absolutely void
because it is not consistent with that provsion Of
the Constitution which declares that the Congress
of the United States shall not PASS any law abfdg-
| ing the freedom of speech or Of the press II has
conferred the power Of legislation that Territory
but at the same time of comforting that power ii
said, in terms plain and clear to the comprehension
| Of any man, that such legislation should only ex
tend to such rshtfu subjects of legislation as we're
consistent with the Constitution. Congress has the
power to restrain and prevent any such legislation
By permitting it to stand Congress approves it, ind
| in fact, enaets it, What Congress does by another
| it does ITSELF 10 effect.
Ay, sir Congress is to abide by this statute which
makes it felony for ctizien to utter publish in
that Territory any sentinisnt calculated to otuce,
slaves to escape from the service Of their masters "
Hence it would be felony there to utter the ssong
/ do ffA tnf Ytoss
obedience to God " felony to say, with Jefferson,
/ have sworn upon the altar of my God eternal
hostility to tyranny in every form, over tho mind
| and body of man; felony to utter there, in the
bearing of a slave, upon American soil, beneath the
American flag, the words Of fame which shook the
stormy soul of Henry Give me liberty, or give me
death; felony to read in the hearing of ono of
| those fettered bondmen the words Of tho Declare
ton, CAN mon are born free and equal, and endowed
by their Creator with the inaienable rights Of Ifs
aud liberty felony to utter there those other
words, blazing in letters of living light on the great
written charter of our National Government. " We,
people of the United States in order establish
justice" the attribute of God, and to secure ibor
ty, the mperishable right of man. do ordain this
Constitution p" felony to harbor a slave escaping
| from his thraldom felony to aid freedom in its
! fight felony to shelter the houseless to cletbe
the naked to feed the hungry and to help him that
is ready to perish felony to give to the fam fishing
cup of water in the name of our Master. Oh, sir
before you hold this enactment binding upon an
American Congress tear down that banner of Free
dom which floats above u.s. for stirring "reminiscences
inger in its folds, and the stars upon its field IF
azure have cleaned above the field of poised
battle" where the earthquake and the fire led the
charge, and whore American virtue and American
valOr maintained the unequal conflict against tie
mighty power of British tyranny and oppressidh.
Before you hold this enactment to be law, burn our
immortal Declaration and free written Constitu
ton feter our free press, and finally penetrate the
human soul, and put out the light of that under
| standing which the breath of the Almighty hath
| be rafin for 10
| Inauguration of such legislation
But, SIR we are not likely to receive these enact
mcnts as law. 1t is too late to make it felony to
utter tho seifevdcnt truth that life and liberty be-
long of rigat to every man, by viitue of the same
creative energy which breathed into him the BIZ cath
| of life and he became living soul.
Americans will not do this wickcdness, nor permit
others to do it. The People ofthe United Stetes will
not allow any such villany to receive tho sanction
of law upon their tertory they will not be estopped
By such legislation from uttcring thoughts and
sentiments calculated to effect and secure TIE
freedom Of every citizen the United States ensaved
IN the Territory ofKansas by this atrocious assunp-
ton of power and this fragrant violation of the Con-
sttution and the organic act which consulate the
supreme law of that Territory. Our organic act
provided that the legi ave power of shall be
restricted to such rigtI subjects of legislation as
consistent with the Constitution of the United
States and the provisions of tho organic act. This
pretenc cd of Kansas violates the constu
ton in this that it abridges the freedom Of speech
and of the press, and deprives persons OF liberty
without due process of law any process Tut that
of brute force, whiio the Constitution prev that
Congress shall mako no law abrioging tho reedon
of speech or of the press and it expressly p scrbes
that " no person shall be deprived of lfe,, liberty
or p operty, without due process of law"
Which shall stand-the Constitution which guar
antics to each man personal liberty and to collect
i've man empire, these atrocious statutSs which
inaugurae the worst dcspotism the world ever cav
There can be but one response let no man here,
upon the hearthstone of the nation talk about tho
hain md 10 Sc,lo l.
dience to any Territorial enactment which violates
go papably the Constitution. Such legislation sir
| is proof stronger than a thousand Witnesses that
they who enacted it not the styss and
servants OF the free people whom by their laws they
insult, and seek to enslave.
There is still further objection to this Hesitation
assuming this Territorial Assembly to havetbesn lie
S0uy chosen-and that is, the place at WI 'ch they
legisiated.
The organic act preseribes the place v here tho
Legislature shall temporarily legislate, and that the
first meeting CT the Legislature shall be at ,ch time
ara place as the Governor shall direct 1t likes the
temporary scat of Government at Fort Lea; sntco1h
The act of March 8, 1855, by its inn lies that
the Legislature may fix the permanent sea- of Gov
eminent.
The Governor convened the Legislature at Paw.
nee. This was its first meeting and the lie isiature
while at Pawnee, passed an act fixing the tmsorary
seat OF Government at Shawnee School TDs election
statute was passed ut Shawnee, the tempo ary seat
of Government fixed by the Legislature Congress
having fixed the tempora at of legislation Fort
Leavenworth 1T seems to plain that the L<gisla-
ture could not fix it temporarily elsech re- aor could
they legislate elsewhere, except at the permanent
seat Of Government. 1 do not propose to discuss
this point further. because consider it clear
But say, that this pretended Legislative Assem-
bly, not only violated the organic act and ths Con-
stituton In these enactments, but that it wns not
the Legislative Assembly of Kansas that il usurped
the powers of legislation, revolutionary body
cht sen by the invaders and conquerors Of Ksnsas
against the will Of tho people. The memorial Charges
thlS-thc statement Atesit
and although the statement of the sitting Delegate
puts this fact in ISSUE the minority report iDplsey
admits it, but asserts that this House inquire
into it. Tho minority report AYERS Governor Feeder
to be estoppcd by his acts, and denies that any
but candidate at the election who has prinaa
facse claim to seat, may contest but the minor
ity admit that on question of constitutional quail
fcation of its members the House may c q the me-
mortal of any body, of its motion ifuuire into
it. 1t asserts that this House cannot rauire into
the question of the iegality Of the election of the
30th of March last because every legislative body
judges to the qualifications of its own members
and exercises therein judicial powers and is court
whose judgment is final. This position cont5overt
The House has, by the Constitution, the power to
judge OF the elections, returns, and qualifications
of its mem bers "
But the House is to judge of the elections rs well
as of the qualifications of its members Hahe House
had no power to judge of the elections y its men,
bers, there might be some ground for thf assertion
that they could not 60 behind the fact the cleo
ton to inquire into it But inasmuch as ihe vfdi-
ty of the election of the sitting DelegsJe depends
upon the rghtl exercise Of the eeislat 90 power in
the Territory. by the Legislative Ascent " we have
as much power to ascertain what that As hly yas
by whom chosen, and how it exercised is, power as
we have to inquire into the mode and manner in
which the election of the first Monday: of october
last was conducted The minority Of thai committee
seem to hold the opinion that the conte ant has no
color OF claim here, because he cb bser at an
election not authorized by Territorial stat4te Is
not this begging the whole question-<.n implied