The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-01-01

+ o t;unxip'laws? One of them sends a
f1t,sega eelard labor for not less than two years
I Dor daring to discuss the question whether
( Slavery exists, or does not exist, in Kansas
II not less than two years-it may be fifty; and
ktf man could live as old as Methusaleh, il
] 'tuhght be over nine hundred years. That act
H prohibits all freedom of discussion in Kansas
r on the great subject directly referred to the
exclusive decision of the people in that Terri
tory; strikes down the liberty of the press
too; land is an act egregiously tyrannical as
ever was attempted by any of the Stuarts
Tudors, or Plantagenets, of England, and this
Senate persists in declaring that we are moi
to repeal that
~ Sir, let us tender to the House of Repre-
susP.atives the repeal of that and all other
enable and Infamous laws that were
states ID by that Legislature. include in this
an 5nunciation, without any hesitation, those
ssscts which prescribe that man shall not even
: practice law in the Territory, unless he swears
to support the Fugitive Slave Law; that he
shall not vote at any election, or be member
OF the Legislature, unless he swears to support
the Fugitive Slave Law; that he shall not
hold any Office Of honor or trust there, uDless
and you may as we'll impose Just such test
oath for any other and every other law.
" will not go through the whole catalogue
of the oppressive laws Of this Territory.
have done that before to-day. There are
others as bad as these to which have now
referred. / will not, on the other
hand, ever degrade myself by standing for an
instant by those d60mind6Le and Infamous
laws which denounced here this morning.
What desire now is, that the Senate of the
United States shall wash its hands of all par
ticipation in these iniquities, by repeating
those laws" :,
Such WAS the almost dying declaration, in
reference to the laws of Kansas, of one of the
ablest and purest statesmen of the Republic.
Let US heed his. admonition, and acaSh orr
hands Of all participation IN these iniq,.ities.
What are the laws denounced in such strong
terms by these veteran statesmen and Nestors
of the Senate? The very election law under
which this certificate is given is one of them,
and the principal one, though there are other
sections of this code included, the following
among the number:
:" If any person shall knowingly aid in bring
ing into, printing, publishing, or circulating,
within this Territory, any book, paper, pamph.
let, magazine, handful, or circular, contain
ing any statements, arguments, opinions, SEN
timents, doctrine, advice or innuendo, ca1cu-
lated to produce disaffection among the slaves
in this Territory, or to induce such slaves to
escape from the service Of their masters he
shall be guilty of felony, and be punished by
Imprisonment and hard labor for term of
. not less than five years."
If any free person, by speaking or by wr-
ting, assert or maintain that person, have not
the right to hold slaves in this Territory, or
shall introduce into this Territory, print, pub
I oh urIt ulafa IL
into this Territory, written, printed published
or circulated, in this Territory, any book, pa.
per, pamphlet, magazine, or circular, CON
tanning any denial of the right of persons to
hold slaves in this Territory, such person shall
{ be deemed guilty Of felony, and punished by
imprisonment at hard labor for a term of not
less than two years"
What is the kind of punishment at hard labor
provided by this code?
SIC. 2 Of chapter az, page l47, of Kansas
Laws, provides that
Every person who may be sentenced by
any court of competent jurisdiction, under
any law in force within this Territory, to pun
ishment by confinement and hard labor shall
be deemed a convict and shall Immediately
under the charge Of the keeper of such jail or
public prison, or under the charge of such
person as the keeper of such Jail or public
prison may select, be put to hard labor, as
IN the first section of this act specified ::
and such keeper, or other person having
charge of such convict, shall cause such con-
Wet, while engaged at such labor, to be
securely confined JyEa chain, sic feet IN
length, Of not less than toiu-sirteenths nor
more than hree-eighthS Of az inch link, lcitb
: a round ball Of iron, Of not less than four
. nor more than Sir inches an diameter, attach
ed which chain shall be securely fastened to
the ankle Of such convict, with a strong lock
and key. And such keeper, or other person
having charge of such convict, may, if neces-
sary, coniine such convict, while 80 engaged at
hard labor by other chains or other means, in
his discretion, so as to keep such convict Sc
cure, and prevent his escape And when there
shall be two or more convicts under the charge
of such keeper or other person, such convicts
shalt be fastened together by strong chains,
aoiH strong locks and keys during the time
such convicts shall be engaged in such hard
labor without the walls of any such jail or
prison"
1t is these acts, and the test oaths of this
election law, that the Senator from Delaware
rising above the prejudice of his section, de-
nounces as becomes an American of the better
days of the Republic. Where in the annals of
despotism and wrong can you find an edict Of
the tyrant, Of blacker or deeper inlamy than
those laws enacted on American soil, and
recognised as valid by the Executive Of the
Republic and which we are now asked to
recognise as giving to the people of the Terri
tory the rights guaranteed by the Constitution of
their country? In view of these acts, the Lon
don Times truly declares that the eh0rmities Of
Naples and AUSTRIA are reproduced IN tie Uni
ted States Of America.
Mr. Speaker, | have examined this election
law somewhat in detail, citing the provisions
which exclude from voting class entitled,
upon every principle of justice and right, to the
exercise, under this Government, of the elective
frapchise. l have referred to the provisions of
thas law, which violates the organic act passed
by Congress, and subverts the dearest rights Of
freemen guaranteed by the Constitution of the
Republic. | have read description of the
legislation enacted in the Territory of Kansas,
as given by men who cannot be charged with
Partially to my views, or as holding fanaticsl
opinions-men who proclaim from the Senate
Chamber that these laws are infamous, OPP.
p,csSiee, AID unconstitutional.
Under such laws, it is claimed that Delegate,
coming with certificate based on such enact
ments, presents such prima fdcie case as
entities him TO a seat upon this floor, and that,
too, after Congress has once adjudioated the
case, and refused him seat.
Without trespassing longer upon the patience
of the House, leave this case, with single
remark, that Congress being a judicial tribunal
when it sits upon an election case, its decisions
are conclusive upon itself on the same state of
facts The facts have not changed since the
last session. They are precisely the same as