New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-09-20
Our own Kelly, Walk, Whitney and Wheeler voted


resulted (July lst) in the development BY undena-
bic testimony Of such state Of affairs in Kansas
that human hardhood could scarcely. stand out in
defense Of the bogus claws" longer. The House
thereon voted to admit Kansas as a Free State I'M
der her Topeka Constitution; but even this was
carried by substantially party cote. Messrs. Hick-
man of Pa, and perhaps Edwards Of n. T., are
the only Members who voted for Free Kansas whom
We believe to be now opposing Fremont.
But it is said that the Senate finally yielded to
the weight Of evidence and the powers Of public
sentiment and offered in the Toombs- Douglas Pacii-
cation Bill, to repeal the bogus laws" Let US
look into this. Here is what they did Offer
CSC. Is. And be IL further enacted, That nasmuch
A the Constitution of the United States and the organic
net said Territory have secured to the inhabitants
thereof certain inaenabe rights of which they cannot
be deprived bv any legislative enactment, therefore no
religious test shall be required rs quahcaton 70
any office public trust no law shall be IN o.ce o.
enforced in said Territory respecting an establishment
of religion or prohibiting the free exercise thereof or
sbrdgpg the freedom of speech or of the press or OF
the right Of the people peaceably TO assemble ana
petition for the redress OF grievances thc rgn vi 'c
people 10 be in their persons, houses papers,
and effects against unreasonHbc searches and seizures
shall not be violated and no warrant SHAH issue Out
upon probable cause supported by oath or affrinaoh'
and particularly describing the place to BE- searched
and the person or things to be seized nor shall the
rights Of the people to keep and bear srns BE- nfrnged
No person shall be- held to answer for capital or oth
erwise infamous crime, unless on presentment or in'
dctment of grand Jury; nor shall any person De
subject for the same oense to be twice put hJeoparuy
of life or limb; nor shall be compelled in any criminal
10 be witness against himself. nor be deprived
of life, liberty property without due process OF law
shall private property be taken for public use with
out just compensation. In all criminal prosecution the
accused shall enjoy the right 10 aspecdy and public
trial BY all impartial jury of the district wherein the
crime shall have been committed which district shall
have been previously ascertained by law and 10 De
informed Of the nature and cause OF the accusation;
10 be confronted with the witnesses against him. to
have compulsory process Of obtaining witnesses IN his
favor and TO have the assistance OF counsel tor his
defense. The privilege of habeas corpus shall not be
suspenned unless when IN cases OF rebellion or lhva-
sion the public safety may require it. In suits at com
mon law where the value in controversy shall exceed
twenty dollars the right Of trial by jury shall be pre-
served and no fact tried by jury sha be otherwise re-
examined in any Court of the United States than a..
cording to the rules of the common law. Excessive
bail shall not be required excessive fines imposed,
nor cruel and UNUSUAL punishments inflicted. No law
shall be mode or have force effect in said Territory
which shall require test oath or oath to support any
act Of Congress other Legislative oct as qualitca-
ton for any civil Office or public trust or for any en-
pQyment or profession or TO serve a. juror, or vote
at an election or which shall impose any tax upon or
condition to the exercise Of the right of suffrage by any
qualified voter, which shall restrain or prohibit the
free discussion of any law or subject of legislation in
the said Territory the free expression OF opinion
thereon by the people OF said Territory"
Here we have a reafirmance of the general safe
guards of Public Liberty embodied in the Federal
Constitution-and what more What acts of the
bogus Legislature are annulled Certainly not
that which recognizes Slavery as legally existing in
Kansas, except in so far as it prohibits and pun
isbes the discussion thereof Had the House con-
Cured in the passage of this Toombs-DOuglas bill,
Kansas would be this hour Slave Territory, not
merely by the acts of her immediate rulers, backed
by the President and Senate, but by the assent of
the House also. Any act which could be judlcally
construed as persuading or inducing slaves to rebel
in Kansas would have been afelOny, punishable with
death; the publishing or circulating of book, mag
azine, pamphlet or paper having such tendency
would likewise be q capital crime; any aiding
slave to escape from the Territory would have been
a felony, punishable by ten years imprisonment;
any aiding, harboring or conceang an escaped
slave would have been felony, punishable by five
years imprisonment any circulation of tract,
paper or pamphlet calculated to produce dis
"orderly, dangerous or rehelliOus dissfectiOn
among the slaves in this Territory" would have
been felony, punishable by not less than five
years imprisonment. And every inhabitant of
" this Territory" no matter though he never saw
it till the day on which he offered to vote, would
have had legal right to vote at any election, as he
now has il the Territorial " laws" are valid; for
they do not require q single days prior residence
us qualification for voting. Who can fail to see
that this was intended to secure, and actually could
secure, to the Border Ruhans of Missouri perfect
control over every election which may be held under
il in Kansas for several years to comet They have
only to throw over on the day before an election,
as many young men as they may deem necessary,
who will swear that they nor reside in Kansas, and
the work is done. Ifthey choose to return to Mis-.
souri, the next day, that will only prove legally that
they did not like Kansas so we'll as they expected to.
No-Kansas is already conquered province-a
mere satrspy Of Missouri-if the bogus sssemblage
at Shawnee Mission was q valid Territorial Legis.
azure; and the Senate bill did not inralidate the
authority Of that Legislature, but confirmed it. Its
passage by the House would have been confrma-
ton Of the claim of S. J. Jones, the Westport
(Missouri) Postmaster, to be respected and obeyed
az Sheriff Of Douglas County, Kansas, and of the
kindred assumptions of the whole brood of hsrpies
who, like him, we're chosen to bear rule in Kansas
by that usurpins body. A Court which annuls
Legislative act unconstitutional does not thereby
nvahdate the general legislative power Of the body
which passed said act, but the contrsry and such
would have been the effect of the passage of the
Toombs- Douglas bill on the bogus claws Of Kansas.
We hope Gov. Geay will do all he can to re-
store and preserve peace in Kansas-indeed as a
confidential friend and zealGls partisan Of NJ