The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-24


FelloWmem6ers! to you, to the younger and
ADLER statesmen of our land, / must cOnsign
this cause in which have so long labored in
humble sphere, but with willing, earnest,
and devout spirit. l must soon retire but,
while may linger upon the verge of life, my
| thoughts will often revert to this Hall, and
| cluster around those friends with whom have
served; and, be assured, / will then perform
the last service which an old man can render
to his country: will pray that Justice may
guide its legislation, that Liberty and Progress,
and Prosperity, may mark its pathway In all
| coming time.
PROCEEDINGS IN THE SENATE, ON THE
KANSAS BILL, JULY sth.
Mr.. Collamer, a member of the Committee
on Territories, said, the bill reported might ap-
pear very plausible, but the existing circum-
stances of the case rendered the adoption of
that measure exceedingly improper He be-
lieved tbs only true and sound mode for afford
ing redress for existing evils was first to remove
the cause of those evils. 1t would not do to
say that those evils should be remedied, and at
the same time declare that the causes which
produced them should not be touched Such
a course seemed to be inconsistent, unreason-
able, and paradoxical
With reference to the provision allowing set
tiers to return to Kansas, he said there was a
| blockade of the Territory by men Of violence,
whose habitations were full Of instruments OF
cruelty, and thus it was impossible for them to
| get back. The same power that drove them
away was still in the ascendency, and no pro-
| vision had been made for their security in the
| Territory. Thus, it was but a mockery of JUS
tice to tell them if they would return they would
be allowed to vote, while they have not the
power to return. Hence they would derive no
advantage from this bill, although its provisions
appeared to be so fair and plausible.
Mr.. Hale. l am going to answer few of
the objections which have been suggested by
the honorable Senator from Illinois, or some
of the positions he assigns to those Of US who
sit on this side of the Chamber. He says, that
one of the objections stated by me was q want
| of confidence in the President of the United
States to carry out this enactment, if adopted
That is true but | do not stand up here to
rail against the President of the United States
The objections have brought against him are
specific, not general. i think l have done JUS
tice to the President. l did it when he was in
the zenith of his power. / did it when the star
of his hope was in the ascendant. / did it
when he was the rising sun to whom all bowed
l did not believe then that he would be renom-
mated, and thought it was kindness in me
|
lieve that he took it as a kindness. History
has indicated the justice of the position which
| took. l believe, sir, that have never said
anything against the President of the United
States, except that, upon the very subject which
is brought in issue by this bill, he was not TO
be trusted.
| thought that, in his annual message, he took
a very uni ustifable course. / thought the re-
proaches which he flung at our common State,
and at the Northern States, were obnoxious to
all that said of them, and great deal more,
| if l had pleased to say it. But, sir, beyond
that, have never gone. l am not one of those
who have INDUCED in an indiscriminate abuse
of the President of the United States. | know
what belongs to this place, and to his place,
better than to do any such thing. think can
do justice to all the high traits of his charac-
ter which were alluded to by the honorable
Senator from Georgia Mr.. Toombs the other
| day. / am not so much of a Democrat, but
that l believe in stock-I mean good stock
and the President comes of good stOck--some
of the best that we have in New Hampshire
| the very best that we have anywhere-he comes
of the Revolutionary stock. His honored father
commenced at Bunker Hill, and continued fight
ing the battles of the country until the treaty
| of peace was signed; and believe the Presi-
dent is as patriotic man as his father was. |
have never said the contrary. l said this when
he was candidate, l said it when he hoped
to be a candidate again; and / say it now,
| when there is so little reverence paid to him,
that you ride rough-shod over his vetoes, with
only little band of about eight standing here
to guard him. My voice is the same under all
these circumstances, and / shall say it when
| the band gets TO be less than eight.
| But, sir, | said that on this subject could
not trust him and cannot trust him, notwith-
standing the honorable Senator from Michigan
comes in to endorse him.
The Senator from Illinois, pursuing his ap-
peal to these factious Aboltionists, says the
obnoxious laws have been stricken out. / do
not so look upon it. l am going to deal fairly.
In this bill, there is general amendment pro-
| posed by the honorable Senator from Missouri,
| Mr.. Geyer. 1t is general in its character,
| and, l believe, no more specific than the Con-
sttution of the United States. proposed, and
! my honorable friend from Connecticut, Mr..
; Foster If he will allow me to call him so
proposed some specific amendments. Theywere
voted down, and voted down on intimation made
| by the honorable Senator from Delaware, Mr..
| Clayton, and assented to, as l understood,
| by these who voted with him, that specific
| repeal Of those laws was not necessary, because
+ they were repealed by this general provision,
which had been inserted on the motion of the
| honorable Senator from Missouri. But, let US
| look at it, and see whether it be SO.
| believe it is a pretty general rule for infe-
rior judicial tribunals, in administering law,
| lat least, it is so in that part of the country
where l have been most conversant with the
| courts; and if it is not so elsewhere, should
be glad to be corrected,) to say, "While there
is a statute on the statute book, we are to con.
Al A. l.. Al
of superior, or appellate, or final jurisdiction,
pronounce it to be unconstitutional" 1t is gen.
orally conceded to be the safest way for Judges
of inferior and limited jurisdiction to take the
statute as they find it, until court having final
| or appellate Jurisdiction override it. That may
not be universal, but it is the practice, gener-
| ally, in the part of the country where | have
| practiced LAWS it not?
Mr.. Bell, of New Hampshire. Yes, sir.
Mr.. Hale. 1t is not universal, ] grant but,
| from apretty intimate acquaintance with courts
for twenty or twenty. five years, that has been
the general practice in courts where / have
seen law administered. The chief Justice in
Kansas, believe, is from Maryland. do not
know what the practice is there; but this Judge
| from Maryland has given some instructions to
the grand jury upon what constitutes the crime
of treason; and if he goes quite as wild, or
nearly as wild, on this subject, as he has done
on the law of treason, God only knows what he
may instruct a jury in reference to this matter.
He may instruct them that these laws, being
on the statute book, are constitutional, and are
not inconsistent with the general provisions in
troduced into the amendment offered by the
honorable Senator from Missouri.
Now, if you really and bona tide intend to
repeal those laws-if you intend to remove
these distractions, and restore freedom of
| speech WHY not say 500 Why not abropete