The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-04-14
THE KANSAS ISSUE.
REMARKS OF HON. JAMES r. DowDELL,

IfiE kANNAN lNOU II.
REMARKS OF HON. JAMES r. DOwDELL,
In lie House Of Representatives, March 10, 1885, oeocaag
mccssay@ olhdossi gsaraaoss for ns protection g Smhan
The House being In the COMMITTEES of the Whole on
the state of the Union i p ttHFee GA tH4
Mr. DOwDEIL said
Mr.. CHAIRMAN: II is not my purpose TO detain the
committee at this time by consideration Of all the
points involved in the Kansas question Under the rule
win not have the time did 10 desire. But do not
desire It, The subject hos been freely and fully discussed
for the last four years The country is In possession of
all the facts and all the arguments. II remains for TO
pronounce the decision What the judgment Of Con-
gres will be know not but Of lis results propose
say few words Before proceeding to speak, however
upon this great and leading question: will briefly allue
to another subject which has occupied largely the public
attention. and IL intimately connected with the public IN
tecsts In form Its consideration will become at
curly day. the duty Of the House. Not by any means m
derrating its Importance simply allie 70 it for the pur
pose Of protesting against power Of danger
precedent exercised Ia the arrest Of VIM Walker and
his followers, by navnl forces, foreign soil The
act in violation Of laws the strict observance of
which of the utmost Importance 10 the peace OF the
country and regard for the rights of its citizens 1t
WAS the duty Of the Executive to enforce observance
of the neutrality laws to prevent Illegal expeditions
ing fitted out and carried against foreign nations with
whom at peace No good citizen can complain
OF his discharge of this duty, whatever opinion may be
entertained of the wisdom of those laws They do not
they designed to, interfere with the right Of
American citizen to cxpatriate himself emigrate with
his arms In his hand. Even Illegal expeditions, when
within the jurisdiction of foreign government at peace
with beyond the reach of this government The
act OF arrest not only grave error, but the
ercise Of power unauthorized and demanded signal
bukc. The purity of motive however IL may pallate
the offence of the individual In the court Of conscience
cannot the violation of law restore tho losses Of the
injured, avert the danger Of the precedent.
With these words leave this subject for the present
and pass to another Immediately demanding our at
ention which regard to be Of the gravest character
No important subject be presented for ac
ton than the admission of sovereign State into our po
ltcal Union 10 the now before additional inn
portancc aaches because of violent opposition and the
danger OF results involving the peace of the country and
the integrity Of the republic States have been refused
admission upon their first application The postpone
nicnt although nc0nvcnent did not disturb the opera
ons Of the government interrupt the harmony of
relations Tho of refusal not vioatiye of
the spirit and fundamental condition of union Therefore
serious consequences followed The offered by
the opposition for refusing to admit Kansas with the h
compton constitution strikes blow at the rights of all
the slayeholdng States, Before ycnturing upon de-
ciion Of such momentous magnitude 1t becomes us well
to deliberate. at
In the history all no principle is better
established than that rsion Of poer essential the
prccrion liberty Political power, wherever located
under any form of government unrcstrincd is despoc
1t matters not whether lodged in the hands of one, few
many only in the latter 1t is the dangerous
monarch, with conscience to restrain him, might re-
lent, hesitate stop short of his vctim mooris never
Without souls consciences they would pursue their
purposes and their victims TO the bitter end The found
crs of system, well understanding this TRUTH attempt
cd to frame government of divided power, with such
checks, balances and Limitations would clcctuay
guard the weaker against encroachnent from the stronger
and forever prevent the concentration OF power in any
Its departments.
For all the ordinary ends and purposes of society this
has 1ann =. "a,
mrably in practice The three great departments OF
government tho Legislative, executive and judicial
have been kept dsct and independent. Neither house
has nfrngcd the rights and privileges Of the other Nor
hns the executive power been enlarged the expense
the legislative judicial All this grantcdthc great de-
patmcns in the possession of all the power bestowed
each by the further that the States
in jurisdictions hold their reserved rights
powers intact let ask of what benefit public and p
yate liberty becomes our beautiful theory of conceracy
with its checks and balances between State and federal a
thorty the division OF power between the different depart
mcnts of each it, by combination cf States, all these de-
parmcnts OF power, executive, Legislative and judicial
should pass into the hands OF majority become united
and welded in line of policy hostile to the rights Of the
minOyityi OF what avail, repeat the question, with
this state of facts paper constitutions to the proec
ton of the minority, however admirably they may be
contrivcd nringenty guarded without power Is
ded to negative aggressive egsationi Do not sys
TENS of government, State and federal with their multi
piled limitations upon power, demonstrate the aim of ol
|
and mnoritics against the tyranny of maiores And
will not this design be totally thwarted and const
uonal government be essentially changed, by permanent
conbion Of mojorty Of the Sne with strength sufficient
to hold and control all the powers of federal Legislation
Most assurcdly And especially is 1t true when the
and continuance of such combination spring from ha
tired and hostility to institution peculiar to the minor
ity And 1t may be added the dangerous because
OF geographical distinction. ra
In this connexion the reply may be given, that the
proposition IL impossibity under present form OF
government because the constitution positively prohb-
its State to enter into any agreement compact with
another State This is true, and yet my proposition
does not fall No two more States may formally
ter into any agreement compact against another State
and yet through the agency of the federal government
majority Of the States may a7eotua7y combine hold
possession of all the departments and with the facility
of construction to aggressos torture the mean
ing without altering letter of the constitution
TO most gIievousy opprcss the minority Thus IL will
be how may be oppressed. and how easily the
spirit Of the original compact may be cxlnguse whilst
its beautiful body remains The next question H. will
this dangerous combination be made Are there any signs
of such approaching madness
/ Mr.. Chairman, all know the power and influence OF
party associations Those who march under the same
banner always friends when enemy is before them
in the field the stronger the antagonist and the
desperate tho encounter to bo met the stronger the
ties of union, and the the sympatics of friend
ship After the battle the common JOY of victory, or
COMMUNICATION defeat, cemcnts more closely the
bonds of fellowship. The cry of the old Shibboleh with
all ts exciting associations In the past, will rally the
callsmen long after the objects of combination have
passed away. In this country instances can be
cited where political party feelings have proved superior
to tho ties Of personal friendship and party nnnuotcs
have destroy ed kindred and church relations Notwh
standing the strength and stubbonncss of this feeling
IL