The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-03-04

subject which gentlemen have called sicky sentiment
aiiy but if this is be pushed beyond what the
Constitution originally intended ii; it, for political pur-
poses, and with political design and efeci-because
il is political design and effective be driven
the wall by Legislation here, let me tell gentlemen that
this is not the last they will hear Of the question Terri:
tories are States, and fihs restriction is repealed
with regard that Terrory-its yet in the Union,
and you may be prepared 10 understand that with The
assent Of the free States in my Judgment, never will
come into the Unlon except with exclusion Of Slave.
ry"-Appendir 10 Congressional Globe, vol g. p. s22
took the ground then, that if the Missouri
| restriction were repealed, and this Territory,
| which had been dedicated to Freedom, thrown
open to the ncursions of Slavery, for the purpose,
| as believed then, and believe now, of making
slave State of it, it was not the last of my OPP
| position that if it presented itself in my day
with Constitution allowing Slavery, should
| oppose its admission a State | am willing to
| go further now, and say that, viewing it as did
| at the time, and as l do now, to be an outrage,
| to be breach of compact, to be repeal of that
restriction for the purpose of making slave States
| out of Territory which was before dedicated to
| Freedom, hold myself at liberty to contest it.
now and at all times hereafter. Establish Slavery
In that State, if you please, by force or fraud for
| nothing but force fraud can do it; and the
result with regard to myself is, that on that sub
lect hold the liberty to agitate, shall hold the
liberty to agitate, and l will agitate, so long as
a single hope remains that Slavery may be driven
from the Territory thus stolen, robbed from Free
| dom. l have no hesitation on that point; | am
| perfectly willing to avow it now and before the
| country. While say now, as have said before,
that with regard to the slave States of this
Union, would not if could interfere with their
institutions while l hold that under the Con-
stitution of the United States we have no right
| to interfere with them directly, and that under
| the laws of morality we have no right to do in
directly that which we have no right to do direct
| ly; and while | am willing they should enjoy
all the benefit they get from their institution,
lsok,, -1oI
| as long as they may choose to embrace it with
regard to this Territory, which has once been
| dedicated to Freedom by solemn compact, and
which has been stolen from Freedom by the
I repeal of the Missouri compromise and where
Slavery has now been forced on the people by
series of Outrages such the world never saw
a man can hardly imagine the gross character of
| these outrages-I hold myself free from all OBJ
legation. Force it there if you will force in this
Constitution if you please; but hold myself
absolved, so far as the Territory is concerned
| from all obligation to receive it.
Twas commenting on the idea of what was
called popular sovereignty, and was about to say
that considered it at the time, and now consider
| 1t, mere pretext 1t was mere excuse for the
| repeal of the Missouri restriction. 1t was de-
signed, in my judgment, and | stated it deliber-
| ately, for the purpose of making Kansas a slave
| State. This was denied it was denied indig-
nantly on this floor. l have been myself rebuked
| for undertaking to question the motives with
| which the act was done. Sir, appeal to the re-
| corded speech of the honorable Senator from
South Carolina, Mr.. EVANS, who stated, in sub
stance subsequent to the passage of the act that
/ it was designed to make Kansas slave State
| appeal to the speech made by a Northern man.
l regret to say Representative from Pennsyl-
vania, in the other House, who said, substan-
| TALLY, that it was designed to give Kansas to
| Slavery, as sort of offset to what we obtained
in California, south of the line of $50 3O/. | |
| appeal, moreover, as proof conclusive to the |
facts which took place at the time to the nature
of the bill to the want of necessity for the |
passage of any such act for any other purpose |
and to the peculiar provisions of the BILL which |
so hemmed in Kansas, and hedged it about with |
slave territory, that apparently, it impossi-
BILE for the people of the free States to make |
their entrance into il.
What else could have been meant by the repeal |
of the Missouri restriction2 / know some gen
tlemen said, it is matter of feeling with us
we do not think anything will come of it," 1t
was answered with the manifest reply, " will you
set the country in blaze from end to the
other, merely upon point of honor for a thing
that you do not intend wish to avail your
selves Oft" If it could be rendered more mani
fest by anything that could be appealed to- it
was proved by every after transaction with ref
erence to the matter; it was proved by the forc-
BILE invasion it was proved by that series of
this day, nobody undertakes to deny what we
then charged.
say, therefore, that this popular sovereignty
idea was pretence. 1t was held up to the people
for short time, as, in fact, the main thing to be
accomplished by the bill The honorable Sen
ator from Georgia, the other day, undertook to
say, here in his place that he familiar with
that provision, and that it was not introduced
for any such purpose, but simply for the purpose
of excluding a conclusion that is to say, that
there were some gentlemen who held there was
danger, if you repealed the compromise, that the
old French and Spanish laws would be reinstated |
and that Slavery thereby would be established in
Kansas and that this clause was put in merely
for the purpose of negatving that conclusion.
That is not so, because, if you appeal to the bill
itself, the very next provision settles that matter
namely:
"PrOvided That nothing herein contained shall be con
sliued to revive or put m force any law regulation
which may have ext ted prior the Of the 9th March
ing Slavery"
That is the clause which affects the question to
which the Senator from Georgia alluded.
A running debate here arose, as to the mean
ing of the Kansas-Nebraska act; after which, Mr.
FESSENDEN proceeded:
was endeavoring to illustrate the idea that
there was an intention in this matter-an inten-
ton demonstrated from the absence of all posi-
BILE motive except to force Slavery into the Terri
tory-from the nature Of the provisions sur
rounding the Territory with slave States from
the proceedings that have taken place since in
the Territory and from the principle which
was adopted a cardinal point in the creed of
the great Democratic party, viz that the people
should not have the power to reject or exclude
Slavery until they came to form State Consti-
tuition and, in the mean time, that everybody
from the slave States might carry slaves there
when and how they pleased, to be there recog-
Missed and protected by the Constitution of the
United States. Sir, had that doctrine been an
nounced at the time the clause was inserted, had
it been expressed in words, that we intended to
leave the people perfectly free only when they
form State Constitution, TO establish or reject
Slavery, as they please, would it not have been
laughed to scorn, as comforting advantage
on the people of the Notwithstanding that
they had not before ? Certainly it would.
The Senator from Georgia said this measure
had been before the popular forum, and the pop
ular forum had decided in its favor. How has it
decided2 II has decided under these pretences,
these decisions, these Frauds practiced upon it
with regard to what was the absolute meaning
of that clause. What privilege was conferred on
the people by it7 No other than that which
have spoken of ; and it is idle to talk of the
matter having been settled by the great tribunal
of public opinion. There has been no such opin-
ion expressed, because there have been no points
except the two | have mentioned before the
people, one Of which was abandoned when it
had served its purpose, and the other carried in
such a manner as to force Slavery on the people
of Kansas, without any power left in the people
90 otn H.