New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-07-10

D., .a,., ,..p.,, magazine A..ds e. .s..S, ., .os
.hs s:y a..s|sn :s .a%a o Sosss. d:,v sss
,es"oss ais.s.enop .Ieoas The syss " "a, - r
ss;n ?. Z re-. g. s;, for '"" not
l." ne" 1rs sS I'M, ssrociousy unconstitutional pro-
Apu' ' nav vho drought into' the Territory y,
v.n.,. a COW of 81 fferson, Notes On snfn
which contsrs an eIoqssnt ana - ons Of sheriff
,pn ;ry;.s AZ hsving introduced o,ok, con-
1oHss "sentiment" "cslcus.ed' TO mske tne
..vss i.oroe,ly" and sentenced - nve yea
labor. Probably under sals EVE Bro IN. editor Of
r. Hevad Of Freedom, at Lawrence, hs', s.,sr ns
,,;,,;no p,.ss has been destroyed oy roe osaeI ',
5advr L.eompte's Court, been himself n'ic.eu, anu
IA Low imprsoned, awaiting uiai[hePt, ~, ~ &c
suh ,,;ct ,uryeUsnce far worse than mufderers are
~. Md in civilized country, that even hs motae1
"a v;s were uot allowed 10 visit him until ne nad
bumbl, petition ed the Governor for ? rmeon: aua
this uI On the coil Of rritory when oar
ia 1920 in this very Hail. dedicsoeo, " 'o''D 0N
nae, IN Freedom forever o.....: Il
Third. The sixth amendment 20 the CONSTITUTION oi
the United States declares thst, In a cnehnni Po
ecr tons the accused shall enjoy the right aspeeoy
"snO pubic trial ~ an Mp.KilaL ny y bsa beeu
n,ov,d.d article g. section % that the trsi OF 81
!" crimes except in cases Of Impeachment, suai DC ~
"Ju,y." But to prevent "abuse OF power, .ni s,
with otl or amendments WcTS uuoP'S")
the trial shall be by impartial Jury have sneaSy
shown GU how partially they are to oe sesS ~
sheritr who 60 about ard initiate 10 tner ~.
wsd Free. State men, the e1amPie " c"ui ~. "a
IN MA No cution Of the early Christians tAc cn
t,rs verse g. entering into every house, sho
"men and women, committed them 70 prison. a u.
hove quoted you = section, showing now H'tpD 49,
they to be col s'tuted win nen On one nrnvscn
saction 10 mage 6O6, repeats this groes Vioaon VI
the National Consti utiop, IS follows; ,,,.,,.., q,
s.s s S,ss ~. s .ss "1S' rs':y
aH .it sro, the tia OF sry prosecution 'i any
u' S;r N these instances which have quoted,
stand TIE Constitution OF the United states on the one
side and the Kansas cote on the other, III uHeSs on
open cor frttbe one d. clafipg ina. 'Ge usreo ta
| ech ball not be abrdged, that the freedom OF tne
mr. a. shall be protected that Juries above all to,oge
rrLe shall be entirely impartial; the o,ner lehpns
ii ese safeguards under foot. And because maoi
y Of the settlers thee o,vsn nom ins pos thew
had 10 agency choose to stand by and MAINTAIN 'oeH
rights under the Constitution, you have seen now ao
.fchy and yio nee how outrage ana persecution nasc
been running riot in that Territory, iar eAeeguIs -
hir and oppre the wrongs for which our
revolutionary frefathers against the masters Who
orp essed them; and yet though the p,otecuon lucy
have had frt the General Government mas oeen ony
the same kind Of protection whi,n tne "Vn
lamb. they have while repudiatlng the leirNotaI
sheriff. bowe in submission to wis IN the hanos Drums
L. s. Marsha, or when the solo iers OF tne ooNeu
Stst.s yielding to order wbico they do NOT deem II
dhog orr bic for them TO despse assist IN tne exssu
,iop Such foroearapce-sucb manifestations u tneu
allegiance to the national authorty-become tue more
wonderful VII, it is apparent as the noonoay sun tua
every attempt has been made TO hafrass thei h'o re-
stnIc. 10 the authority Of the Uniteo States SO as 70
fuu,h pretext, do lbtless, for their indscIimIna'e
inprsonn ent, eIpulio or massacre.
Fourth. The Constitution also prohibits cruel and
unusual punishment | shall show, before close,
that this so.caled Kansas Legislature has prescribed
mot cruel aud unusual punishmen's unwarranted oy
the character Of the o.pses punished ana totay ais-
Iropor,Oned TO their crlmnay.
Futh The Constitution declaes laltc!e !, sec,ion
Of that the privilege of the writ OF kd6eas corpus shall
not be suspended unless wheD in cases OF rebellion
or INVASION the public safety may require It," But
the Kan sas code in its chapter of habea corpus ari-
Gle 3, section g, page 345) enacts ae t3i,oss ...-
No negro or ulatto held .ldre within ibis Territory
or Lawful " arrested futve from service tom another
s Or ss :a II. be S9oan. 81 i A ."
This provision, suspending the writ OF hd5cas corpus
in the above cases, is not only violation of the Con-
stiutop, but also Of the organic law; Tor mat pro.
yided in ,.ction 2s for appeals to the Supreme Court
of the United States on Wrlts oi haoeds corpus, ~
cases invoicing the right of freedom the issuing of
which this Territorial law expressly prohD.x. Ine
l.pgua, of the Nebraska Kansas act Is as folows:
Except also that wit VI error or aPpesl Nha4 also be
allow The Court Of .e United states iIo the
any Judge thereof the District Court. crested BY th s
judg. thereof upon any s,t Aao'1' corpus "
But the Kansas egislature cooly set aside the law
OF Tie United Statts by which alone theH iai
organization was brought into existence, and effec-
,uailv prohibited any appeal to the Supreme Court
pLOh any writ of babe corpus, lnVoVlng the ques-
:" lion Of personal freedom" by declaring that the
wit shs not be used in the Territory for any such
purIose!
Having now referred TO q few of the many acts en-
biaceo this code, which conflict with the constitution
of the or anc law / proceed to the exainuation OF
other provisions, some OF which stamp ~ az code OF
barbsrity, as well as of tyranny-ot inhomaLity as
well Is oppression. And drst TO " the Imprisonment,
" at hard labor" which is made the punishment for
"otnses against the slave property" in the sections
which lave already quoted. Inc general under
saLGpg of the ,ope large has been ths, there
as NO State Prison Yet erected in Kansas, this Iul-
prisonn,en would be n Missouri prisons the
fontier Bot, Dir such is not the case. The authors
of these disgraceiul and outrageous enactneRs, with
Il retirement Of creelty provided that the :" hard Ia
bor should be in another way; and that will be found
il chapter 20, entitled: " an act providing eystem Of
" confinement and hard labor sec;on Of which
page l47l reads a. follows;
Every person who may be eHced by suy Court Of
peter Jurisdiction, der sw force within Terriso
pun hneDt BY corfu hard lssor shall deemed
convict aid shall immediately the charge Of the keeper
sucL jail public son the charge such person
tie ie.reI Of such jail public prison may select
tId Isbcr in the mt section of this specified 10
W.: On the streets rssds. pubic buildings, other pab
&c woits Of the Territory Sec. ], page lio: and
lLa eOnriet while engaged a. such labor {;
DC securely eottasa BY CHAIN SIX FEET IN LENGTH, Of
inch inks, rrh IRON Of taaa Jour
teeeu td'tntd TIE ANKLE Of sueh eonries ella strong
k ehd hs AID sucn ke' other having charge
sDss'ec at hsrd labor BY os, ea.s othe. sans in his
d,ceior 50 as TO keep uch convict his
hoJse 'uh keeper other peson such cJnycs shall os
FASTENED TOGETHER BY strong etsn, ws strong t,es. and
ke o0ins The time such coIycs sos be engaged 10 hard
lstSr without The walls Of any jai. rprisou.'
And this penalty, revolving, Illuminating, deba sng
as II Is, uhectu free American citizen to the Dub
lie sneers aLd coltumey OF his oppessors, fr worse