The Kansas herald of freedom., 1858-06-12
BY G. w. BROWN & co.

perplexing to Congress, and which they
propose to US to refer to the people of
Kansas for settlement.
This dispute about the dowry is there
| fore feigned issue, a fabricated issue, a
false issue, substituted for the true and
real one. 1t is resort in legislation to
a practice of the lawyers in the time of
black-letter learning. When an honest,
straightforward man, who was the owner
of freehold, was turned out with vio-
lence, they would not let him bring an ac
| ton in his own name against the intruder,
but would o5!ige him to copy out OF the
/ book of forms, a summons in the name
ofJames Jackson, an imaginary man, who,
it was pretended had been in the posses
sion OF the premises under a fictitious
lease from the real owner, and was rep
resented to have been expelled therefrom
by an imaginary intruder, called casual
eiector, think, and named John Stiles.
The lawyer made up the issue, in due
form, between these two imaginary liti-
gants upon this groundless statement of
| facts and so the honest man tried his
title to his freehold, not against the actual
intruder, but man of straw, and recov-
cred it not in his own name, but in the
name of man of hay. l believe that
all the States in the Union have abolish
ed these miserable articles, which an
eiently figured in the conduct of legal pro-
ceedirgs. What earthly necessity is there
for resorting TO them in legislation Sir.
| have no patience with such devices here
Though man generally of gentle dis
positions, some good nature, and much en-
durance, feel, when meet such a false
issue as this put into the place of a true
one, in the course or our legislation, very
much like the chivalrous Virginia gentle
man. who, happening to be abroad in his
neighborhood when the sheriff came
through it, serving summonses in eject
ment in the name of James Jackson
against John Stiles everywhere, and
leaving them there, with their ominous
mysteries, 10 disturb SO many good and
quiet freemen, pursued and overlook the
sheriff, and asked him if he could tell
where that !itigious James Jackson lived,
because, if he could only find out his
place of residence, he would send him a
challenge. Laughter
show the Senate, next, a second false
issue, an issue concerning the actual
amount of the population in Kansas. The
conference committee has found out that
the population is just large enough to
make Slave State, and by no means
large enough to make a Free State.
There are just enough people to warrant
their admission into the Union as State
| if they will accept the Lecompton Con-
stitution, and by no means enough, not
half enough, to warrant their admission
under any other Constitution. When did
this new question of numbers arise in
this debate ? Just on that day, and pre-
cisely at that hour, at that moment, when
the report of the committee of conference
was brought into the Senate and Repre-
sentatives' Chambers.
| would not dwell on this false issue
if had not evidence that it is effective
here. Itseens to be carrying with it the
vote of the honorable Senator from Ohio
who has spoken this morning. Mr. PUGH
At least, can find no other explanation
of his course on this bill That honora
bic Senator. 1nder instructions Of his LIE
gislature, voted against this Senate bill, be-
cause it did not submit the Lecomptor
Constitution to the people. He tells u:
now that this new bill does not submit
the Lecompton Constitution to the people
and yet he votes for it.
MIR. PCGH. l should like to ask the
Senator where his authority is for stating
that that was the reason for my goin:
against it?
Mr.. SEWARD. / am arguing, sir.
Mr.. PUGH. That was not the instruc
ton. The instruction was not based OIL
that ground.
Mr.. SEWARD. As the honorable gen,
tleman has left his course obscure, I an
endeavoring to arrive at results by sucl
lights as shine along our way. l hope t,
do him no injustice. I infer that he vote
for this bill on the ground that Kansa
has got just numbers enough to make i
! Slave State, and not numbers enough t,
make it Free State. The honorable
Senator has taken more pains to refer t,
, the speeches that / have made in the Sen
ate heretofore, than | ever took for my
r SELF He has SO presented remarks tax
, en- from these speeches as to imply that
in 1856, | stood upon the ground tha
there were votes enough to make Stat
, in Kansas and if there were not ther
soon would be.
5 Sir, | have heard the extracts from
those speeches which have been read.
ask, when l ever promised the rapid set
5 tlement of new State under the rava
ges of invasion, and amid the desolation'
of civil war spoke for the advance o
t Kansas under the Topeka Constitution
which I urged the Senate to recognize
in other words, as Free State. I asl
5 again, did / stand up here, and promise
vernal, luxuriant growth, to Slave Stat
l planted anywhere, much more to Slav,
/ State planted north of 36deg. so min
of north latitude ? No, sir. Continu
! civil war and Slavery in Kansas, or ever
continue Slavery there alone, and m,
| promises that she will have population
enough to make State entitled to Rep
| resentative in the House of Representa-
! tives will be postponed as long as tht
: promises made in the same respect in re
gard to Florida, for aught l know.
know better, sir, what it is that make
States stand and flourish, or droop ant
decline.
, l was very young when first saw tn
; play of 0thello exhibited, but yet not s.
t dull that when saw the first act openeo
with the odious scene of amalgamation-
the Moorish general married to the fai
daughter of the Senator of Venice
did not know that contentious and strif.
/ would follow in the second act, and tha
desolation and death would be the De
) nouenie,it of the drama.
i Sir, stood here in 1856, as | stanC
here now, advocating the admission o
Kansas as Free State, upon the ground
, not of superabundant or even a suffici
5 ent population, but simply of necessity
even though confessed it to be revolu
tionary movement under constitutions
} forms, to arrest evils for which there seem
ed to be no other remedy. IT would