Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-09-05
Lend your ear, if you please, while !
rerrat another Of these stqiulcs Of
the Territory Of Kansas

the Territory Ol Kansas
" IN aH,srf elected or appoined uadet aoy osisior
or subsequently, enacted laws Of This Territory, shau
---. do solomrv swear upon the holy Evanroliits Of
Almighty Cod. that will surrort the Constitution Of
the United states, aud That will support aqd sasaia
ihe provision. Of an entitled m net 70 o'gtn-
ize tho Territories u Nohrssta and Kansas and tho
provisions NJ tho law NJ the United Statea commonly
mpa1illy aud 10 che best of my shi,y donean myself
In the di'chsrge Of NV duuos 90 tho Office Of -- 80
/ help me Goi.n
Here is an edict which establishes
a test oath, based on political opin-
ion, and by DISTINGUISHING one class
Of citizens, deyolycs the Government
upon another class, and thus subverls
that principle Of equality, without
which no truly Republican Govern
ment has ever existed or can exist
Excuse me, Senators, for calling to
your notice, third chapter 10 the
Territorial code of Kansas:
"irsoy free aer.oo, by .psatpr or by wr,iar a.seu
aaiatain hit pfrssas hgrf Hat As tgti 20 bold sr
tis Trrriiorg of shall Introduce into tho Territory,
pfint publish wic. circulate cause to he inftulua.
ed into this reru'oy, wftr1, pfntod, fulhshad, nr
circulated in this Tefft0f, aav boil nipo magazine
ntnphle ctroulr, eoHfaaag atHiai e the right
nf persons 10 bold slaves his Tcfntoy such pefs0n
.hsu bo deemed Gay Of FELONY. aud punished by
imprsonmcn o. ha'd labor for term not loss than hfe
my person. irrfs p,ri, Introduce into, publish,
or eircuiais cause 10 bo brought iafo. printed.
written, published, circuaied or shall knowingly md
assist in bringing into, ptnung publishing. of clfcu
ang within This Territory, any book, paper pamphlet,
magazine, handhill, circular, containing any state
meuts atguments opinion, sentiment dnr,fino Hdvice
or inucudo calculated produce ds0rdsrV niger
rebeuus disnhection among tho slaves in ths
a..Is H.HI aNH 90 NHaHH a
service Of their masters TO resist their authority, be-
shall be guilty Of felony and puaishod b, Improvement
and hard labor for term Dot les than live yeats"
Sir, ever since the debate about
the extension Of Slavery in the Ter
ritones Of the United States began, |
have from year TO year, from month
to month, and sometimes from day
to day, in this place, and at other
posts Of public duty, spoken, written,
printed, published, and circulated
speeches, and papers, which con
structiyely would be pronounced fel-
onious, If such a law as this had been
in force at the place where that duty
was performed. have not hesitat-
ed in the spirit Of a freeman, and, so
far as | can claim such characters,
under the responsibilities OF a states
man and Christian, 10 scatter
broadcast over the land, and even
throughout the Territory OF Kansas
itself, statements opinions aud senti-
menls, which, though designed for a
purpose different from that mention
toned in this edict, doubt not
would by prejudiced judicial CON
strnction be held TO fall withini!s in
hlbuon. Whatever other Senntors
may choose to do, shall not direct
the President Of the United States
to employ a standing army in de-
stroying the fruits of freedom which
spring from seeds | have consclen-
uously sOwu with my own free hand.
rms statulv, 81, " 50 yuu iusist On
calling it, subycrls the liberty Of the
press aud the liberty or speech
Where on earth is there a free Gov
eminent where the press is shacked
and speech is slrangledl When The
Republic of France was subverted 10y
the First Consul, what did he do, but
shackle the press and stihe speech
When the second Napoleon restored
the Empire on the ruins of the later
Republic of France, what else did
he do than to shackIe the press and
strangle debate? When Santa An
ma siezed the Government Of Mexico
and converted it into dictatorship,
what more had he to do than shackle
the press and stIne political debate ?
Behold, Senators, another Of these
statutes. lu the chapter which treats
Of the writ of habeas corpus we have
this limitation:
'No negro or mulatto held a, slave wiihln th.
Teuitoiy, or lawfully arrested fugitive from ser
vice from another state Territory shill ho disoharg
3D. shall his light Of freedom, be had under the pro
This is an edlct which suspends
the " rit of habeas corpus. II relates
indeed to degraded class of socie-
", but still the writ which is taken
away from that class is the writ of
habeas corpus, aud those who are to
be deprived of it by the edct may
be lreemen. The state that begins
by denying the habeas corpus to the
humblest and most obscure of free
men will not be long in reaching a
more indiscrlmina,e prescription
1t ought to be sufficient objection
here, against all these statutes, that
they conflict with the Constitution of
the United States, the highest law
recognized in this place. myself
denounce them for tnat reasoi, as J
denOunce them also because they are
repugnant to the laws of nature, as
recognized uJ nVa'iy oil civilized
States Pardon, pray you. Sena-
tors, the prollxily of the next chap
ter, which | extract from the Kansas
code
" Fvery person who may be sentenced by any Couu
uf competent jurisdiction, under any law IN force within
this Tsrftoty to punishment by confinement and hatd
ab0f shall he deemed onnvcti and thall inmrdeia-
y uadsf the chafge of tho koepof OF such jail or public
pson undef the charge Of such person tho keeper
of such il public prison may select be Put 10 hard
labor ~ m the ist Faciou Of this act specified, 40
wit on ths roads. public hoidings, ot Other
public works ui The IeUtoryl lscc. d page l4D Hnl
such keepe OF other person having oharge of such
wet shall such convict, willie engaged at such IA
bor 10 be- securely confined hy ehaR sI feet ~ eagh
ufu0t loss than four sHtoonihs nnf nofe than three
egh,s Of an inch hnks, with round bd n iron, Of not
less than 0uf than sir inchos 10 dametori at
tached, witch chain shall ba securely fastened Go tha
ankle OF such convict with strong lock uud key end
such keeper other person having charge Of such eon-
pict may if necessary, cunhna rurh convict while 30
engsgsd hand labor by other ehaH' OF other means Ia
hi. discretion 20 10 keep such convict secure aud
prevent his escape aud when ihe'o shnll bs two oi
more convic under the chaTge Of such Keeper OF 1thei
person surh eonvrt- shah ho fastened together by
strong chains with sifoag lo,ks and keys during the
time such eenVicis shall he engaged at hard labor with
out the walls Of any jail Of prison"
1 have devoted, heretofore, no un-
important part Of my life TO mitiga-
} Ting the severity Of penal codes. The