The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-29

by The seaxsmAa who has ust proceeded me, that there
= ssmething concealed beneath the face Of that paper
own words Tor ut means something than appears
upon it's face. II means more than says withdraw
my name from IT, So far as the Topeka state govern,
ment concerned apprehend that my position in regard
70 that will not be misunderstood by any one from the
beginning nave been its warmest friend But have
operation against the general government unless
exgences should exist which called for 1t. never DO
lieved should be put into operation as political move
do not believe the people of the Territory for the
last three months have had any idea that that government
would be put into operation against the general govern
ment unless the Lecompton constitution passed Congress
The gentleman from Delaware (Mr. EotD takes ground
that this illegal body that is certainly very strange
remember that but month ago he was upon this floor
urging his claim to seat here, saying that he had been
Illegally defeated Why in the name Of God did he want
his seat here If he believed IT an illegal body9
The fact s this is the first legal Legislature
bled Kansas Territory. Why? Because the people Of
Kansas themselves elected this legislature was not
done by foreign invaders we are the legal LEGISLATURE
Kansas. II may be the gentleman elected for a spe
cal purpose but he holds his seat by the votes
which received he elected for q special purpose
and that come repeal all then give way
the Topeka State Legslature-I take the liberty Of telling
him was not elected for that purpose was nominated
his tewn. fairly set forth my grounds-the people
elected me upon them. l heard the gentleman make
but one speech TO his constituents, and he did not
majority report means 10 repeal all those laws
which have, has been truly said, outraged
and dsgraced the people of Kansas and then so home
for against it, will do such thing, unless 30
instructed by this assembly, body or by my consttu
ents. If should take such a stand and 60 home to
leavenwcrth county the people would burn me in egy
and they would act Justly In doing So If the gentlemen
wish add to take from that report, let them do
but don't let them have say one thing, when they say
another. i have been and am opposed to de-
srcyipg the Topeka constitution and government love
it as ! love my family, and am willing TO stand by it,
through every chance, should circumstances compel uz
to fight under IT,
But If we should now do what the gentleman wishes
TO dorepeai all laws and go home TO our constituents
what would follow Why, in less than thirty days we
would have military government here; we would be
forced back upon the organic act; would have no
laws to control any one the United States government
would be called into immediate action apd Gen. Scott
Gen. Harvey would be ordered to govern by military
power. have never seen the emergency yet arise in
Kansas that would justify the people Of Kansas in taking
grounds against the federal government, or rebeing
When have exhausted possible means of peace
when be supported by all our frends-thsn will
be willing TO defend our rights in the field.
This excitement, this rebellion throughout the Terri
tory may be very agreeable TO some people, Out nave
suffered too much from it. have lost too much in pocket
and in person imper all for nothing upon such tur
buent believe the people OF this Territory want
peace, and they will have peace and they will have
peaceably too We have the power, and all that is
cessary that power dscreety Suppose the Le
compton sindie should be forced upon u.s. say let it
come for one prepared To meet it.. Let come
in any shape have the majority IN the Legislature
the power and let use TO destroy and crush
that constitution. Let il go long as it may be
necessary 10 use order TO establish good govern
ment am for one, in favor OF this Legislature passing
enabling act at an early day Congress would De very
willing itself grant enabling act, for the Kansas
mbroglo is destroying the democratic party, and they
anxious to ''ge quit of it, am neither democrat
nor a republican, am free State man OF Kansas-and
not struggling here to destroy the democratic
party the States TO build up the republican party
there, but 10 make Kansas free State; and for one
shall commit myself 10 any other party till this Is
done Some trying 10 draw party lines among US be-
fore that tipe; but, for one am opposed to all such
movements. It's authors love principle less than faction
REMARKS pASroRD.
fol tha of Ilr naDfO q
The Territorial the only obstacle in the way
of the state government and asked TO resign and
make way for the State government so that can go into
peIation We have members here who belong 10 the
state legislature They into that body and make pc
tton for resign and then come back here and an
swer their own memorial. [Mr. Elliott is a member of
party here brought into conflict We should use this
Legislature, which acknowledged legal by Congress,
repeal those Missouri laws and 10 enact wholesome
ones The South demand that Kansas shall be admitted
slave State, Offset for Minnesota, free State and
threaten, that is not granted, TO bolt have always
feared this complication Of the Kansas question. We
should not recommend the putting in force OF the Topeka
state government SO long as there any possible way OF
ciously throw ourselves into revolution and The
people OF Kansas do desire again 10 mper their lives
and property unless be absolutely necessary then they
would do IL willingly and determinedy. we should
sign and 20 home, would be but cutting our own
throa,s. The Topeka constitutional government can
never be put into operation until the free State
party OF Kansas is unit Why, their divisions
are so rank that the destruction Of their own
resign and 20 heme' we will have revolution, conflicting
factions and civil Now that We have obtained a
oohold in acquiring our rights 70 abandon would be to
commit suicide, 70 cut threats. | believe In ex
haustDg every peaceabe Of obtaining rights,
and If that fail will stand by the Topeka constitution
t the lower regions freeze any gent eman re
CARDS this illegal body, deriving is existence from
an Illegal source, II Is his privilege TO resign
On motion, the House adjourned for dinner, and the
discussion the reports not med In the after
noon.
ABOLITION or SLAVERY KANAs.
Oar aifpao
yesterday
Sec. !. BE enacted by the Governor and Legislative
Assembly Of the Territory Of Kansas Slavery and In
abolished and prohibited, except for the punishment OF
crimes whereof the party shall have been duly con
victed
Sec All persons now held in slavery or involuntary
scrvudo In said Territory who have heretofore, or
shall hereafter be brought into the said Territory for the
purpose OF being held hereby declared TO be free
sec. 3. Any person who shall hold, who shall
hereafter attempt 10 bold any person In slavery or In
voluntary seryude IN said Territory except for the pun
convicted SHALL upon victon thereof, be declared
guilty Of msdemeanor, and be punished by confinement
hard labor In the penitentary for any term not less
than years more than I'VE years.
sec. T. That ali laws and parts Of laws establishing,
recognising or regulating the institution OF slavery 10 'he
Territory Of Kansas heretofore passed by the Legislative
Assembly be, and the same " hereby, repealed.
Sec. s. That the Probate Courts Of each county shall
have jurisdiction for the trial and punishment
Of all offences for the violation Of this act within their
pecve and in Of the refusal OF any OF the
Probate Courts 10 hear or determine cases arising under
the provisions Of this act In their respective Counties the
may be tried before the Court OF any adjoining
county providing however that in all cases arising under
the provisions Of this act, preliminary examinations may
be held before Justice OF the Peace or before the Pro-
bate Judge OF the proper county
Sec o. ANY Justice OF the Peace Probate Judge Of the
county shall have power upon the oath OF
terng complaint before either Of them, W issue warrant
Of arres, against such offenders and upon hearing, may
either discharge bind with sufficient security for
their appearance ut the next term OF the Probate Court
for trial. and failure Of procuring bail or security
aforesaid 70 commit such offender 30 the county Jail
Sec This act TO be In force from and after the LIST day
Of March next
ENABLING ACT.
Mr W Y. Badger offered IN the House OF Representa-
uves memorial 90 he sent 70 Congress earnestly
questpg that the Lecompton constitution should be reject
ed and praying for enabling act The House held an
evening session 10 consider the memorial. There was a
good deal Of irregular debate the administration and the
democratic rarity literally denounced, was main.
tanned that memorial for enabling act would only be
aiding the democratic party 10 get out OF tight place II
,la tuffu nm Inv f.Qn nouy Nc