The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-01-28
WASHINGTON, D. c..
KANSAS AND THE LECoMPT0N CoNsTITU.
TON
SPEECH OF HON. /. WASHBURN, JR.,
Of kaine,
IN THE HOUSE OF REPRESENTATIVES,
JANUARY Z, 1853.

r.
time about the neutrality laws or William
Walker ! shall speak to-day of Kansas and
the Lecompton Constitution. On the Both day
Of Nav, A. ID. 1854, the memorable act, entitled
An act to organize the Territories of Nebraska
and Kansas, was passed 10y the Congress of the
United States. Among its provisions was the
following:
That The Constitution, and all laws of the United
States which locally napp lcabe shall have the
force effect within the said Territory OF Kansas
elsewhere within the Unled States except the eighth
section of the preparatory the admission of Mis-
the Union. approved March 6tn 1s2O, which
being inconsistent with the principle of noninerveniion
by Congress with slavery The STATES and Territories
recognised by the legislation of 1c5O commonly call
ed the compromise measures. is hereby declared nope
and void being the true intent and meaning OF
lhis act not to legisae Slavery into any Territory or
State, exclude herefom but 10 leave the PEG
pie perfeciy free form and regulate their do
Constitution ofrhe United STATES Porided That nothing
herein contained shall be construed 10 revive
force any law or Tegaaiion which may have existed
tsblishing. prohibiting, or abOlishing Slavery"
This doctrine of non-ntervention by Congress
in respect to Slavery in the Territories-to its
inventor, flor it was a new thing under the
sum- the present Secretary of State, if not to
the country, the dreful spri3g of unnumbered
woes-was founded upon the assumption that
with the people of the Territories resided the
right to manage their own affairs, TO regulate their
social, domestic, and local concerns in their own
way. 1t was asserted that this right had been
practically conceded to them in reference to all
local and domestic questions but one-that OF
Slavery. And il maintained that the inter-
'vention of Congress in respect to this single
question of Slavery invidious, unjust, and
unconstitutional, and ought TO be terminated by
a solemn declaration and abnegation by Con-
gress so that, hereafter, in all sections of the
country, it should be distinctly understood that
the people of the Territories are to be left "to
form and regulate their domestic institutions -
oil OF fhpp1-fsln their " N " ~ tbeN
should be as free to decide in reference to Sla-
very as other questions, and be governed by one
and the same rule concerning all of them. To
show that / have stated correctly the grounds
upon which this provision of the Kansas Nebras-
ka act was advocated defended by those who
voted for it, will read some brief extracts from
the speeches of leading Democrats, made in
Congress while this measure was pending before
that body; and may properly commence with
the distinguished chairman Of the Committee on
Territories in the Senate, the Senator from Hi
nois. Judge DOUGLAS, repeating what he had said
on previous occasion, spoke as follows:
"The position tha, have ever taken has been tina,
this tIhe Slavery question and all Otr questions reaiin
the domestic affairs and dome policy Terrific
ries ought TO he Jeff the decision OF The people
selves; and that ought 10 be with whatever
they would cecide the question, because they have
much de per interest IL these matters Than we have
and know much better what institutions than
we, who have never been there can decide for them"
The Secretary of State, Gen. Cass then a Sen
ator from Michigan, exultingly hailed the triumph
of "Squatter Sovereignty, when the Nebraska
bill passed the Senate. He had previously made
an elaborate speech in its favor in which he la
bored TO prove that the people of the Territories
well as of the States, ought to be permitted to
determine for themselves in regard to ALL their
local institutions. lie said:
We know we caunoi touch their domestic hearth.
their domestic al,ars their family aud social rea-
uoas their wives nor their children; their
their 1adserrans their housrs, their farms no,
their properly, without rotation Of inaIeqaGL
righs Of cons-cfacu by blood fathers
and naiioxed by the affections lheir
The gentleman from Georgia, [Mr. STEPHENS,
1t will be remembered, took an active and lead.
ing part in engineering this bill through the
House of Representatives. That you NAV I'M
derstand why he desired it might become
law, Will read short passage from a speech
which he made in this House on the 18th OF
February, 1854:
And where do you. calling yourselves Democrats
from the North sand upon this great quest popular
rishtse do you consider IL Democratic exercise The
high prerogaive OF sthlng the voice OF the
pioneer. and restricting has suffrage amaer concern.
arg ms own interest happiness aud government. which
he as musn more capable a deciding Than you
for myself and lne e.ds OF the NEBRASKA bill think
that our frow-cihHes who 20 10 the frontier penetrate
the wilderness, ci down The t cree,
school houses and churches, extend civilization and lay
the foundation OF future Empires do not lose
by their change OF place IN hope OF bstg cundl-
hon, erer their capacity for self government their
of the United States.
rae sHef o. hs condition Of the Artcaa aiming
fhsn AS WELL As UroN OTHER EsTIoNs
Such, sir, were the arguments and considera-
tions upon which the friends of the Nebraska
bill urged its adoption by Congress. There were
TO be sure, few gentlemen in both Houses who
supported the measure on different grounds; who
repudiated and secuted the doctrine of popular
sovereignty, as advocated by the gentlemen from
whose speeches ! have quoted but they were
active and eff
efforts its success depended although they may
have been the parties who compelled its intro
duction. And | assert, without fear of contra
dicton from any intelligent quarter, that the
avowed purpose for which the Nebraska BILL in
the shape which it finally assumed, was enrolled
upon the statute book OF the United States was
10 assure TO the people of the Territories the
right to make such rules and regulations laws
and ordinances, affecting their domestic inter
ests and systems, of whatever character as they
should see fit Were it necessary to fortify this
allegation by additional testimony TO the same
effect with that which have adduced it could
be found in more than fifty speeches filling the
columns of the Appendix to the Congressional
Globe for the first session OF the Thirty-third
Congress.
Such were the reasons assigned for the enact
ment of this law, by its influential and eiicien,
friends; and to those of their number who. bv
their subsequent action in attempting i'm GOOD
exercise of this right prove that they were really
actualed by the motives which they protested
We may yield our respect, while we must con
tinue to lament that they should have fallen into
errors SO grave and so vital The design of the
section OF the bill which have read was not as
the President would imply, in giving the people
of the Territories of Kansas aud Nebraska the
power TO vote on the question of Slavery to de-
prive them of the opportunity to vote on other
questions of domestic interest: but that the
right which it assumed they already pos
sessed, and had long enjoyed, TO act on these
questions, should be extended TO the question OF
Slavery. And from the premises of the Senators
and Representatives upon whose labors the in
corporation of this section into the Kansas Ne
braska act in the main depended an argumen,
in its favor, of very considerable pausiblity was
founded and the only argument that had any
influence in reconciling the Northern Democracy
TO the abrogation of the Missouri Compromise
Thus, think, have shown that if the mem
bers of Congress who voted for the Nebrasks
bill knew what they were about, the President i.
very much in error in asserting that its provision:
do not contemplate the submission to tho
people of all questions of interest to them. thai
he saws is required in respect to the SLAYER,
question.
The opponents of this act denied that tn,
people of the Territories possessed the absolut,
and exclusive right of legislation in regard I,
their domestic affairs. They did not yield thei
assent to the arguments to which have refer
red. for they did not understand that the peopl
ofthe Territories possessed any legislative power
as of unconditional right. They believed tina
Congress might, if it proper, make all tn
rules and regulations for the Territories of tn
United States, so long as they should remain
al. 4f