The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-31
EXTRACTS OF A
SPEECH Of SCHUYLER C0LFAX,
OF Indiana,

EATRACTS OF
SPEECH Of SCHUYLER C0LFAX,
OF Indiana,
IN THE HOUSE OF REPRESENTATIVES,,
JUNE 81, 1856.
1 leave this dark picture of the Jurisprudence
of Kansas, and turn now to the laws them
selves-"law that were, as late as the 9th OF
February, 1856, over two months after the
opening of this session, thus spoken of by the
Detroit Free Press the organ of General Cass,
and one of the leading Democratic papers of
the Northwest:
But the President should pause long before treating
Unreasonable instruction the action Of those inhabitants
of Kansas who deny the binding authority OF the Missouri
Kansas Legislature; for, III humble opinion. people
would be inclined to rebel against the acts of
legislative body forced them By fraud and ciolsace,
tcouh unworthy The of k,re,fean there toas
unsuitable popular revolution against stpins
and o6noriOns Government that has essed in Kan
sasn
The President of the United States has de-
clared, in his special message to Congress, in
his proclamation, and in his orders to Governor
Shannon and Colonel Sumner, through his Sec
rotary of State and Secretary of War, that this
code of Territorial laws is to be enforced by the
full exercise of his power. He has, of course,
read them, and knows of their provisions. He
must know that they trample even on the Or
ganic law, which his official signature breathed
into life. He must know that they trample on
the Constitution of the United States, which
be and we have sworn to support. Reading
them as he has, he could have chosen rather to
support the law of Congress and the national
Constitution but he preferred to declare pub
icly his intention of assisting, with all his power
and authority, the enforcement of this code,
which repudiates both. The National Demo
cratic Convention also, at Cincinnati, denounced
"treason and armed resistance to the laws in
a marked and special manner; and if there was
any doubt as to the object of this denunciation,
the speech of the author of the Nebraska bill
himself, Mr.. DOUGLAS, at the ratification meet
ing in this city, few nights since, shows plain
ly its intent and meaning" Wishing to do
no injustice to any one, quote from his speech,
as reported in the National Democratic organ
here, the Washington Union, of June 10, which
l hold in my hand:
"The platform equally explicit in reference the
Disturbances in relation the Territory of Kansas 1t de-
caed that treason was to be punished and resistance to
the laws be put down"
:" He rejoiced that the Convention by unanimous
had approved of the creed that law must and shall prevail
lApplause. He rejoiced that lad stanIard-bearer
MR. Buchanan with much wisdom and nerve TO
enforce firm and undivided execution OF those latcs"
And Mr.. Buchanan, after the nomination,
replied to the keystone Club, who called on
him on their return from Cincinnati, as fol-
lows:
"Gentemen, two weeks since / should have made you
longer speech, but hare been placed upon plat
form Of ,ohieh most heartily approre and thai speak
for Being the representative ofthe great Democratic
party and not simply James Buchanan must square my
conduct according to the platform of that party and
plank, nor take from it, That platform is su
6cenly broad and national for the whole Democratic
party"
l shall now proceed to show you no less than
seuen pdlpable oioldtions of the organic laao
1.-THE Nebraska bill,) incorporated into this
code by the bogus Legislature which enacted
it. The President, Judge Douglas, and Mr..
Buchanan, who are all pledged "to enforce
these Territorial laws" cannot have failed to
notice that the conquerors Of Kansas enacted
their code, regardless of whether its provisions
conceded with the organic law or not but,
nevertheless, where they differ, the law Of the
United States is to be ignored, and the Pro.
Slavery behests of the Kansas invaders are to
be carried out at the point Of the bayonet, if
necessary.
First. Section twenty-five of the Nebraska
bill enacts that the House of Representatives
in Kansas shall consist of twentys six members,
"whose term of service shall continue one
year." That does not mean eighteen, nine
teen, or twenty months, but "one year." and
one year only. The Legislature of kansas was
elected on the 30th day of March, lS55-a day
which has become famous from the discussions
in this House and elsewhere in regard it; and,
sir, if you will turn to page $50 of this Kansas
code, you will see that there is not to be an
election for members of the lower House of the
Legislature until the first Monday in October,
in the year l656-over eighteen months after
the first Legislature was elected. If you turn,
then, to page 403, you will find that no regular
session of that Legislature is to be held until
January, 1857 so that the term of that House
of Representatives, in defiance. of the organic
law, is prolonged to twenty-five months instead
of twelve months. Sir, their term has expired
of Kansas this day. and therefore, in the lam
guage of the Declaration of Independence,
"the legislative powers, incapable of annihila-
ton, have rsturned to the people at large for
their exercise" For exercising them, how
ever, in no conflict with the Territorial Govern
ment, but carefully avoiding 1t, and abstaining
from putting any legislation in force, but only
organizing as State to apply for admission
here, as "a redress for their grievances for
doing this, tae COURT Of Judge Lecompte ar
raigns them for treason, and sostters its Iindct-
ments all over the Territory.
Second. The same section of the Kansas
organic law says that the members of the coun-
Gil shal II serve for "two years." but their term
has been prolonged in the same manner to
nearly three years, so that the councillors elect
ed in March, 1855, remain in Office until the
LIST OF January. l858-longer than a member of
this House holds his seat by the authority of
his constituents. And it is to this Legislature,
the Senatorial branch Of which, even If legally
elected, should expire in nine months from this
time, but which, in defiance of the organic law,
have taken upon themselves to extend their
term to period nineteen months distant that
Judge Douglas desires, in his bill, to submit
the question OF when census shall be taken
preparatory to admission as q State, and to
clothe them with the superintendent of the
movements in the Territory, preliminary to
said admission. When we have investigated
to-day the constitutionality,a the "iustice.n
the " impartiality," the humanity of their
acts thus far, no one will need to ask. vhy I
am not willing, for one, to give them the slight
est degree of power or authority hereafter, but,
on the contrary, desire to take from them that
which they have illegally usurped and tyranni.
cally exercised.
But, if TO these two points it is replied that
the term of the House of Representatives was
intended by this mock Legislature to expire on
the Both of March, 1856, ten months before the
new House takes its seat, and the Council. in
March, 1857, ten months before the new Coun-
Gil meets, it folloys that, though the Nebrasks
bill extended 6 popular sovereignty by giving
the President absolute control Of two of the
three branches of the Government, the Execu-
tive and Judicial, and left to the people only
the Legislative, subject to two thirds veto of
the Presidents Governor, this Legislature so
legislates that there is no House of Represent
atives there from March, 1856, to January,
l857-and no Council from March, 1857, to
January, ls5S-in word, so that there can be
no Legislature in the Territory from March,
1856, to January, 1853, except from january