The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-04

KANSAS AND THE SUPREME COURT.
SPEECH OF JOHN P. HALE,
OF New Hampshire,
IN THE UNITED STATES SENATE.
JANUARY 10 AND 81, 1853.
The Senate proceeded TO the of the motion
70 refer SO much of the Presidents message relates
Kansas affairs to the Committee on Territories
Mr.. HALE. Mr.. President, in addressing nv
sell TO the Senate on this occasion, permit me to
saythat am not one of those who think that the
introduction OF this subject into the debates Of
the Senate was either premature or ill-tmed.
believe that it was appropriately introduced that
its introduction was expected by the public; and
considering the extraordinary position of the
President of the United States, should thinl,
that those who differed from him widely upon the
measure which is so prominent would have been
derelict in their duty if they had failed to chal-
lenge at the very outset the doctrine promulgated
In MS message. may excuse myself-and / can
only speak for myself though it is not impossible
that some friends who sympathize with me may
have been governed by the same motive--when /
say that thus far have RETAINED from throwing
myself prominently before the Senate and before
the country on this question, for the reason that
believed there was greater curiosity in the
land to know what other men thought, and what
they would say, than there was to know what so
humble an individual as myself would say.
Amongst those gentlemen for the expression of
whose sentiments the public waited with deep
and earnest and anxious solicitude, prominent
stood the Senator from Illinois, GMr DoueLAs Il
and however may animadvert upon his po-
sition in some respects, l must do him the
credit to say that in that emergency he fully
ofotin al IL 4 -
met the issue which the President had rendered
to him. So far / accord with him; and as |
accord with him on one other point, l may
as well mention it at once, and then 90 on to the
divergence. l agree with him in opposing this
Lecompton Constitution, in opposing the recon-
mendation of the President to force it on the
necks of an unwilling people; agree with him
there entirely and fully; but I am not opposed to
ING LecomPton Constitution, am not opposed to
petffe;, r~afn'not OPPOSED tv I'll rs avre,npt
to substitute force for REASON because it is con-
trary to the principles and policy of the Nebraska
bill, but because it is in exact conformity with
them, part OF the original programme, carrying it
out II not in letter, in spirit exactly. Sir, if
there has been controversy between that dis
tinguished Senator and the President of the
United States, think the palm of victory must
be awarded to the President, and that notwith-
standing he was out of the country, away over in
England, discharging the high diplomatic duties
which his country had devolved on him, l think
when he undertakes to bring ia the Federal army to
force this Constitution the people of Kansas he
shows that he understands the Nebraska bill just
exactly as well as if he had been here, part and
parcel of it at the time it was passed. That is
the reason why am opposed to this measure.
was opposed to the bill l have been opposed
to it in its origin, in its progress, in its consum-
nation, and in its effects. was opposed to the
planting of the seed, to it's swelling and bursting
into life, to its spreading foliage, and am opposed
to the ripe fruit which we are about to gather
from it. Having said that come back to say
what the object of the bill was.
have but one rule by which to Judge of the
objects of public act, and that is, by reading
it; and thus seeing what its purport, meaning,
object and intent Is, as embodied in the bill it.
self | do not go to the motives of individual
gentlemen who voted for the bill, and ask them
what it means and if were in a court of law,
and the construction of the Kansas Nebraska act
was up, and could bring the affidavit of every
man that voted for ii, and they should swear that
it was not their intention to introduce Slavery
into any Territory or State that would not be
received by the court; it would not begin to raise
a presumption as to what the intention of the
act was. But, sir, you must look to the act it
self, to the history of the times in which it was
made to apply, in order to get at its object
The massachusetts bill ON its face processes
to be very harmless affair. The gist of it is
comprised in these few lines
81" being the true intent and meaning of this act not TO
legsate Slavery into any Territory State, nor to ex-
clude i iherefrom but TO leave the people thereof per-
ecty free to form and regulate their domestic institutions
in their own way, subject only TO the Constitution of the
Unit, States"
We begin to understand something of the great
popularity of this bill at the South. 1t is be-
cause Congress most graciously condescends to
inform the slave States that they do not mean
to abolish Slavery in those States-"it being
the true intent and meaning of this act not to .
"exclude Slavery from any State The Repre-
sentatives of those States must have breathed
more freely, as Mr.. Webster said on another oc-
cason, when they were assured that Congress
did not mean to abolish Slavery in their States
We had said so individually, over and over again
but take it the public mind must have been
put at rest when it was embodied in q solemn
Legislative enactment, that the Congress of the
United States did not mean to abolish Slavery
in any State. The act goes further, and assures
US of the free States that Congress did not mean
to legislate Slavery into our States. Sir, this
was gracious and gratuiteus. l do not know
how gentlemen may receive it but tell the
Congress of the United States, that when they
declare that they do not mean to legislate Sla.
very into New Hampshire, and when the Supreme
Court of the United States say they mean to ad-
Indicate that it is there or is not there, will
fling it in their face with the contempt that such
a gratuitous offer deserves. / shall have some
thing to say about the Supreme Court by and
by; and lest l should shock the sensibilities of
some men who look with great reverence on that
tribunal, | shall preface ray remarks, in regard
to it, with some extracts from the writings of
Jefferson, as sort of breaking-up plough, before
come with a sub-soil one. shall come to that,
however, presently.
! aver here that the object of the Nebraska
bill was 70 break down the barrier which sega.
rated free territory from slave teTsi.srv. a
Slavery into Kansas, and =. 20 LEI
State, leGaliS 49, make another slave
.ud peacefully if you could, but {
lave State anyhow. gather that from the his
tory of the times, from the character of the bin
from the measure, the great measure, the onl,
| measure of any consequence in the BILL which
was the repeal of the Missouri restriction.
know gentlemen say they did not mean it, but
cannot deal with individuals. must deal will
| the act and with the Government; must dea
| with the purport of the act, and the policy o
the Government in passing it. know no othe
rule by which TO judge of an act, but to examin
the natural and legitimate consequences that ar
to follow from it. In discussing this matter,