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A 

HISTORY OF THE STRUGGLE 

MEM EITENSION OR RESTRICTION 

UNITED STATES, 
DECLARATION OF INDEPENDENCE 

TO THE PRESENT DAY, 



COMPILED AND CONDENSED FROM THE JOURNALS OF CONGRESS AND 

OTHER OFFICIAL RECORDS, AND SHOWING THE TOTE BY 

YEAS AND NAYS ON THE MOST IMPORTANT 

DIVISIONS IN EITHER HOUSE. 

BY HOKAOE GREELEY. 



KEW rORK: 

DIX, EDWARDS & CO., 32X BROADWAY, 

1856. 



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Enieted, according lo Act of Congress, m the jbbt 1856, by 

DIX, EDWARDS * CO., 

In the Cierte Office of the District Court for tho Sonthecn District of New York. 



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CONTENTS. 



I, Slavery in the Colonies - .._..--- 1 

Origia in le^O-^Vi^nlji tha Snt SUt« coloDj—Prohlblted InOeoi(ls— Adjudgel illegal 
Id Miuachnsetti— aUie Impoltsllon rrohibltad la Tiislnb and oOai tah 



lioZ 



II. Slavery under the Oonfederation . ■ - . -, 

Bute ceiiiona or Pablid lAodi-Ur. JofFgnDo'D SIueiT BntricHon la 1784— Delated is 
CDDtlnentKl Coajreu bf B minArit; toM— Ur. ]>>n>'< modiflsl Rntrictlsa aiST)— 
Carried 

IIL Under the Federal Constitntion ------ 

ODogtitntioaal proiialoni &ffeetlii( alBrarr— ffiitocj tturMF— AoMB^Piead 

IV. Cesdons of Southern Territory - - 

Kentnckj formed from Virginii-TsoneUBB from North CuroUon— ilalBuni from Oooc- 
gU-CongKii forbidden bj tscoie of cession tr) sbolinh or prohibit BlBWry 

V. Early attempts to override the Ordinance of 87 . . - 

Ohio-Iadiada-JobD Bimdolpli's Report— Ciewt BoUnaj'i— Mr. Gataslfi— Hr. Puke's 
— Jen* PrankliB'i = 



Stal 



VI. The First Missouri Straggle 



FuTchaHof LoDiibni-'MiiiDiidTaFrilotir— AppllMlttrAdmiuEanusatala-ISitii.Tall- 
DudKe'i BfBtrictian do Slatscr-'yau aad Nar> theresa— DebMa by Hao. Uetin. T. 
fuller of Maa»., Jamce,Iellraidg« of N. T, Beott of Mo., Cobb of Gi., and Llveimoto 
of N, H.— Tote in Oia inala— Bill faili b/ dltigrtoment - - - - 8 (» 21 

VIL The Second Missouri Struggle 21 

Miiaonri Qaeilion Berlnd— HamorUl of Saaifll Webetn ... - 22 

BeioIrM of th« LegliUtuni of Men-Iork, Kes-Jergey, Peoiuylvaiilil. DelawaTB and 

Kenlncfc7 2S to 27 

Mr. Cbamu'i Amendment— Votei is tb* SsiAl* ■ • > - - 27 to 2S 

VotHiDtheHouee-CompromlatDiUpueed - ■ ■ -2910 39 

VIII. The Third Missouri Straggle 30 

MiasanriCoiitlMlIoarevpeeliDgiiegroai—Kr.OUi'lHBandOompiDiiiise adopted. - ■ 39 to 31 

IX. Extension of Missouri .-.---- -31 

Mr. Clsjton'iBeport- Adopted witlontdiTblon. 31 



Hosted b] 



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S. The Annexation of Texas ----.. 

EMlj-Hiatoixof TfiM— Hfrlndtpcndeme, 

Anti-Anneiation AMtosaotJ. Q.AaamB, Seth U. Qales, and otbcra, -to U^e People o 
the United Btalsa, 



on— Measure Curied— The Joint Rwolye*. MtoM 

XL The Wilmot Proviso 44 

Oen. Cmb'b letter to A. O. p. NicliolBOn *I 

menl— Failure ia the SeDate, J3 to 62 

Xn. Oregon (Bill to organize as a Territory) - - - -52 

Ordiaanoe of 'ST uppllad— U r. Doiglu moiei ta otend Viiaiati Cam|i»iniM tint to 
till Pacific— Sanito approves— Honue rejMta— Senate recedei- Bill paaasS, - - 5a to 64 

Silt. The Compromise o£ 1850 54 

Mr, Cl^'n plan fiiacoased bj Mesart Foots of Mias. , Mason of Va,, Jeff. Dafis— Mr. 
Claj- Mr. Win. B. Eing— Mr. Boima of La.— Mr. Butter of B. C. - - - - U to E9 
Select Committee rMsed bj tli« Senate— Mr. Clij'* Reiwrt, SO 



andUtab, ' 



XIV. The Kansas-NebTaska Stru^le 



Atabiioa Id ^6S — Pierce's InLngnral and Tiiat McBlage, - - . . - 

Mr. DongUa't Kepert intniddciDE tbe Nebraaka Bill, - - - - - - 

FrocewlingraadToteiinSeiiito, - 

Gov. Sowaid'B cloiing Spaecb ag^Bsl the biU, ....... 

Proccedinga uni Tote" in the HonBe, ....... 

The Esuai-Hebraika Bill, - 

President Flecce'i Special Euau MeiiSEe, 

Mr. DonjUa"! 8*ii*te Report tbeiMm, 

Ur. Collanut'i UiDorit; Report, 

Tbe Euuai iDTOtigntiDn- Mr, Donn'e piopMltlDn— Teu and Nii^a (liereon, 
Report of tba Inniligaling Committee, ...... 

The Homo OB fte* Kmiim ComtUlntion— Mr. Dnim'aBnbiitltiile-Tolee—Biilpaawd, 
Tho Topelci Oonatitntlon, ..--..... 

Tbe Benate on Kamai- Doaglu'a neir proposition— Tartoui amendmanli rnieoted— 

Kll paaaed, 

Tie ToDinbi-Jhinglas bill, - ■ 

Ur. Duna'i bill to recognize Kansas, 



Houa TOto oa needing from Ptortio to ibe Armj bUt, ... 



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HISTORY OF THE' QUESTION 

SLAVERY EITENSIOI OR RESTRICTION, 

MAINLY BY DOCUMENTS. 



Human Slavery, as it esiated in the pa- 
gan world, and especially in the infancy, vig- 
or, and decline of Greek and Roman civiliza- 
tion, gradnally died out in the advancing 
light of Christianity. When Colnmbus open- 
ed the New World to Enropean enterprise 
and settlement, the serfdom of Eussia and 
Hungary, and the mild bondage of Turkey 
— each rather an Asiatie or Scythian tha,n a 
European power — were the last remaining 
vestiges of a system which had pervaded, and 
mastered, and ruined, the vast empires of Al- 
exander and tbe Otesara. The few ignorant 
and feeble dependents elsewhere held in vir- 
tual bonda^ by force rather of cnatom than 
of positive law, serve rather to establish than 
disprove this generd statement. 

Lust of gold and power was the main im- 
pnlse of Spanish migration tfl the marvelous 
regions beyond the Atlantic. And the soft 
and timid Aborigiaes of tropica! America, 
e^)ecially of its islands, were first compelled 
to surreoder whatever they possessed of the 
precious metals to the imperious and grasp- 
ing strangers i next forced todisclose to those 
strangers the sources whence they were most 
readily obtained ; and finally driven to toil 
Md delve for more, wherever power and greed 
supposed they might roost readily be obtained. 
From this point, the transition to general en 
alavement was ready and rapid. The gentli 
and indolent natives, unaccustomed to ruff 
ged, persistent toil, and revoltingattheharal 
and brutal severity of their Christian mas 
ters, liad but one unfailing resource — death. 
Through privation, liardship, exposare, 
fatigue and despwr, they drooped and died, 
untn millions wei'e redaced to a few miser- 
able thousands within the first century of 
Spanish rule ^ America. 

A humane and observant priest (Las Oasas,) 
witnessing these cruelties and sufiferings, was 
moved bypity to devise apian for their ter- 
mination. He suggested and urged the poU- 
cy of substituting for these feeble and perish- 
ing " Indians" the hardier natives of Western 



Africa, whom their eternal wars and maraud- 
ing invasions were constantly exposing to 
captivity and sale as prisoners of war, and 
who, as ft race, might be said to be inured t« 
the hardships and degradations of Slavery 
by an immemorial experience. The suggea- 
tion was unhappily approved, and the woea 
and miseries of Uie few remaining Aborigines 
of the islands known to OS as " West Indies," 
were inconsiderably prolonged by exposing 
the whole continent for unnumbered genera- 
tions to tbe evils and horrors of African slave- 
ry. The anthor lived topercaveand deplore 
lie consequences of his expedient. 

The sanction of the Pope having been ob- 
tained for the African slave-trade by repre- 
sentations which invested it with a look of 
philanthropy. Spanish and Portuguese mer- 
cantile avarice was readily enlisted in its 
prosecution, and the whole continent, north 
and sooth of the tropics, became a slave-mart 
before tbe close of flie aistaenth century, 

Holland, a comparatively new and Pro- 
testant state, unable to shelter itself from the 
reproaches of conscience and humanity be- 
hind a Papal bull, entered upon the new traf- 
ficmoretardiiy.bnt its profits soon overbore 
all scruples, and British merchants were not 
proof against the glittering evidences of their 
success. But, the first slave-ship that ev» 
entered a North American port for the sale 
of its human merchandise, was a Dutch trad- 
ing-vessel which landed twenty negro boad- 
mea at Jamestovni, the nucleus of Virginia, 
almost simultaneously with the iaodineof the' 
Pilgrims of the Mayflower on Plymoufli rook,. 
Dec, 22d, 1620, 

■ The Dutch slaver had chosen his market 
with sagacity. Virginia was settled by Ca- 
valiers — gentlemen-adventurers aspiring tO' 
live by their** wits and other men's labor 
— with the necess^ complement of follow- 
ers and servitors. Few of her pioneers cher- 
ished any earnest liking for downright,. per- 
sistent, muscntar exertion ; yet some ex- 
ertion was urgently required to clear awEqr 
the heavy forest which all but covered the 
soil of the infant colony, and grow.the To- 
bacco which easily became its staple as^otit 



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THE STRUGGLE FOR SLAVERY RESTRICTION. 



by means of which oearly everything required 
by its people but food was to be paid for 
in En^aiid. The slaves, therefore, found 
ready purctassers at satisfactory prices, and 
thesucceas of the firat venture induced others ; 
Botil not ool^ Virginia bat every part of 
British America waa supplied with African 

This trafSc, with the bondage it invotved, 
had DO justiScatioQ in British not in the early 
colonial laws ; but it proceeded nevertheless, 
much as an importation of dromedaries to re- 
place with presumed economy our horses 
»ad oxen might now do. Georgia waa the 
first among ue colonies to resist and remand 
it in her original charter under the lead of 
her noble founder-Governor, General Ogle- 
thorpe ; but the evil was too formidable and 
inveterate for local extirpation, and a few 

J ears saw it established, even in Georgia ; 
rst evading or defying, and at length mold- 
ing and transforming the law. 

It is very common at this day tospeak of 
onr revolutionary atrnggle as commenced and 
hurried forward by a union of free wid slave 
colonies; bntsuoh isnot the fact. However 
slender and dubious its legal basis, Slavery ex- 
isted in each and all of the colonies that unit- 
ed to declare and maintain their independ- 
ence. Slaves were proportionately more nu- 
merous in certain portions of the South ; bat 
they were held with impunity throughout 
tlw North, advertised like dt^a or horses, and 
sold atanctioQ, or otherwise, aa chattels. Ver- 
mont, then a territory in diapute between New- 
Hampahire and New- York, and with very 
few civilized inhabitants, mainly on its south- 
ern and eastern borders, is probably the only 
portion of tlie revolutionary confederation 
never polluted by the tread of a slave. 

The spirit of liberty, aroaaed or intensi- 
fied by the protracted atrnggle of the colo- 
nists against nsorped and tiJjused power in 
the mother cOuotry, soon found itself engaged 
in natural antagonism against the current 
form of domestic despotism. " How shall 
we complain of arbitrary or unlimited power 
exerted over us,, while we exert a still more 
despotic and inexcusable power over a de- 
pendent and benighted race 1" was very fair- 
ly asked. Several anits .were brought in 
Massachusetts — where the fires of liberty 
burnt cariieBt and brightest — to test the le^l 
right of slaveholding ; and the leading Whigs 
gave their money and their legal services tb 
support these actions, which were generally, 
on one gronnd or another, sacoeasful. Effiirta 
for an express law of emaQi%i#ion, however, 
failed even in Maaaachnsetts ; the Legislature, 
doubtless, apprehending'that such a measure, 
by alienating the slaveholders, would increase 
the number and power of the Tories ; but in 
1777, a privateer having brought a lot of 
■captured slaves into Jamaica, and advertised 
ttem for sate, tlie General Court, as the leg- 
islative assembly was ca" ' ' ' * ' 



hadthemset atliberty. Thefirst ConHnenl- 
al Congress which resolved to resist the 
usurpations and oppressions of Great BHtaiu 
by force, had already declared that our stj-ng- 
gle would be " for the cause of human na- 
ture," which the Congresa of 1776, under 
the lead of Thomas Jeferson, expanded into 
the noble affirmation of the right of " all men 
to life, liberty, and the pursuit of happiness" 
contained in the immortal preamble to the 
Decl^ntion of Independence. A tilte aver- 
ment that ' all men are bom free and equal,' 
was in 1780 inserted in the Massachusetts Bill 
of Eighta ; and the Supreme Court of that 
Stale, in 1783, on an indictment of a master 
for assatrit and battery, held this declaration 
a bar to slaveholding henceforth in the state. 

A similar clause in the second Constitution 
of New-Hampshire, was held by the courts 
of that State to secure freedom to every child, 
born therein after its adoption. Pennaylyacia, 
in 1780, passed an act prohibiting the furtier 
introduction of slaves and securing freedom 
to all persons .born in that State^Uiereafter. 
Connecticut and Rhode Island passed similar 
acts in 1784. Virginia, 1778, on njotion 
of Mr. Jefierson, prohibited the further 
importation of slaTes ; and in 1782, re- 
moved all legal restrictions on emancipa- 
tion : Maryland adopted both of these in 1783. 
North Carolina, in 1786, declared the intro- 
duction of Slaves into that state" of evil con- 
sequences and highly impolitic," and imposed 
a duty of £5 per h^ thereon. New-Tork 
and New-JersCT followed the"eiample of 
Virginia and Maryland, including the domes- 
tic in the same interdict with the foreign slave 
trade. Neither of these Stales, however, de- 
clared a general emancipation until many 
years thereafter, and Slavery did not wholly 
cease in New-Tork until about 1830, nor in 
New-Jersey till a much, later date. The 
distinction of free and slave States, with the 
kindred assnmption of a natural antagonism 
between the North and South, was utterly 
unknown to the men of the Bevolntion. 

Before the Declaration of IndeuHidence, 
but during the intense ferment whidi preced- 
ed it, and distracted public attention from 
everything else. Lord Mansfield had rendered 
his jui^ment from the Kidg's Bench, which 
expelled Slavery from England, and ought to 
have destroyed it in the colonies as well. 
The plaiutiff in this iiimous case was 
James Somerset, a native of Africa, car- 
ried to Virginia as a slave, taken thence 
by his master to England, and there in- 
cited to resist the claim of his master to 
his services, and assert his right to liberty. 
In the firat recofded case, involving the 
legality of modern slavery in England, it 
was held (1697) that negroes, "being usual- 
ly bought and sold among merchants as mer- 
chandise, ani also being infidels, there might 
be a property in them suffident to maintam 
T." BuithiswasoverruledbyCbief Jo» 



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SLAVERY UNDER THE CONFEDERATIOS 



lioe Holt from the King's Bench (1697,) rat- 
ing that "?0 8oon asai^grolandaiDEngland 
he is free ;" and again. (1702) that '■ thefe is no 
Buch thing h3 a slave by the law of Eoglancl." 
Thia jndgment proving exceedingly trouble- 
some to planters and merchants from slave- 
holding colonies visiting the mother conntry 
with their servants, the merchanta concerned 
in the American trade, in 1729, procnred from 
T'orkeand Talbot, the Attorney Cteneral and 
Solicitor General of the Crown, a written 
opinion that negroes, legally enslaved else- 
where, might he held as slaTea in England, 
and that even baptism was no bar to the mas- 
ter's claim. This opinion was, in 1749, held 
to be sound law by Yorke (novf Lord Hard- 
wicke),ffltlingaa Jndgc, on the gronad that, 
if the contrary mliog of Lord Holt were li 
held, it would abolish Bla\'ery in Jamaica 
Vii^nia as well as in England ; British law 
beiog paramount in each. Thus the law 
stood until Lord Mansfield, in Somerset's 
case, reversed it with evident reluctance, and 
after having vainly endeavored to bringabout 
an accommodation between the parties. 
"When delay would serve no longer, and a 
jndgment must be rendered, Mansfield declai'- 
ed it in these memorable words : 



" We cannot direct fbe law ; iho law Din 
rcct us. *•_•_ ThestBteof Slaveryia otsi 
ntttare that it is incapable of being introduced on 
say reasoDB, moral or political, but only by poai- 
tive law. which preaerves ite fores long alter tie 
reaeoiis, occasion, and lime itself whence it was 
created, is erased from (he memory. It ie bo odi- 
._, ..... ...., . enttoflupport it 



but positi 
therefore, i 



charged." 

The natural, if not necessary, effect of this 
decision on Slavery in these colonies, had their 
connection with the mother conntry been 
continued, is sufficiently obvions. 

n. 



Thb disposition or management of un- 
peopled territories, pertaining to the thirteen 
recent colonies now confederate aa inde- 
pendent States, early became a subject of 
solicitude and of bickering among thme 
States, and in Congress. By the terms of 
their charters, some of the colonies had an in- 
definite exfeuaioD westwardly, and weri only 
limited by the power of the grantor. Many 
oftbese charters conflicted with each other — 
the same territory being included within the 
limits of two or more totally distinct colonies. 
As the expenses of the Revolutionary straggle 
began to bear heavily on the resources of the 
States, it was keenly felt by some that their 
share in the advantages of the expected 
triomph, wonid be less than that of others. 1 
Massachusetts, Oonneoticot, New-Tork, Yir- 1 
ginia. North Carolina, and Georgia, laid 



claim to spacious dominions onlaide of their 
proper boundaries ; while New-Hampshire 
(save in Vermont), Bhodc Island, New-Jes^ 
sey, Maryland, Delaware, and South Caro- 
lina, possessed no such boasted resources-to 
meet the war-debla const&ntly augmenting. 
They urged, therefore, with obvions justice, 
that these unequal advant^ea ought to be 
surrendered, and all the lands Jnclmfed within 
the territorial limits of the Union, but out- 
side of the prmjer and natural boundaries of 
the several States, respectively, should l>0 
ceded to, and held by, Congress, in trust for 
the common benefit of all the States, and 
their proceeds employed in satisfaction of the 
debts andjiabilitiesof the Confederation. T'his 



ginia reserved a sufficiency beyond the Ohio 
to furnish Uie bonnties promised to her re- 
volutionary officers and soldiers. Connecti- 
cut, a western reserve, since largely settled 
from the parent State. Massachusetts re- 
served five millions of acres, lop nted in West- 
ern New York, which she claimed to be 
entitled by her charter to own. In either of 
these cases, the fee only was reserved, the 



. .. rere severally made daring, 
or difectiy after, (he close of the Eevolution- 
ary War. And one of the most obviooa du- 
ties devolved on the Continental Congreri, 
which held its sessions in Philadelphia di- 
recUy after the close of that esbansting strng- 
gle, was the framing of an a«t or ordinance 
for the government of the vast domain thus 
committed to its care and disptwal. 

The responsible duty (<f framing this ordi- 
nance was devolved by' Congress on a Select 
Committee, consisting of Mr. Jefferson of 
Va. (Chairman), Chase of Md., and Howell 
of R I. ; who in due time reported a plan for 
the government of theWestern Territory, con- 
templating the wh<Je region included within 
our boundaries west of the old thirteen States, 
and as far ibuth as our 31st degree of North 
latitude ; territory as yet partially ceded to the 
CoBfederation. but which was expected to be 
so,' and embracing several of our present Stave 
States. This plan contemplated the ultimate 
division of this territory into seventeen States, 
-■■■'t of themsituated below the parallel of 
Falls of the Ohio f now Louisville), and 

above it. Among other rules reported 

from this Committee by Mr. Jeffirson, for 
the government of this vast region, was the 
following : 

" That aflerThe year 180(1, of (ho Christiaii an, 
lere shall be neither Slavery nor involuntary 
irvitudo in any of the said State.'!, otherwiM 
than in punishment of crimes, whereof the party 
sitall have been convicted to be pcisonaliy 
guilty." 

Aprill9th, 1784.— OongreBa having the 
aforesaid Report under consideration, Mr. 
Spaight, of N. C, moved the striking ont ctf 



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THE STRUGGLE FOE SLATERY EESTEICTION. 



the above paragrapli. Mr. Read, of S. C, 
Beconded the motion The ajes and nays, 
being required by Mr. Howell, were ordered, 
and put in this fornl — " Shall the words 
moved to be stricken out Bland ?" — and de- 
cided as follows : 
N.-H*BP5HiRE .Mr. Poster ... . aj i j„ 

■'Blanchard . . ay? •**■ 
MMSicHDsETTa . " Gerrj- "T i 4b 

" Partndga ... ay ( ■* 
Rhode Ishnd. . " Ellery oyi j„ 

"Honell .... ayj-'y- 

" Shermaa . . . a j f . „ 

" Wadsworth . ay \ ■^'■ 
Hew- York '■ De Witt ■ . ■ ay ( , 

■' Ptdne ay ( "y- 

New. Jkbsej ..." Dick 6.y j-' 

PEMNsrLUNi* . ."Mifflin ayi 

" Montgomery . ay > Ay. 

" Hand oy > 

Maryund . . . . " MoHenry . . . no j jy^, 

VcROiKii " Jofferson ... ay i 

"Hardy DoJWo. 

N. CtBOLiBA ..." WilliaiuBon' '. ay ) „...,,. 

S. Cakolika .•. . " Read '"' { v 

. So tjie questloD was lost, and the words 
were struck out. 

Lost>— although six States voted ay to 
only three nay ; and though of the members 

S resent, sixteen voted for, to seven against, Mr. 
efiferson'a proposition. But the Articles of 
Confederation required a vote of nine States 
to carry a propositiou ; and, failing to 
ceive so many, this comprehensive exclusion 
of Slavery from the Federal Territories 
def^ted. 

The Ordinance, thus depleted, after nnder- 
goiug some further aniendii 
approved April 23rd — all the delegates, but 
those Jrom South Carolina, voting '" "" 
affirmative. 

In 1787 the last Continental „ .. , 

sitting in New York simultaneously with 
the Convention at Fbilailelphia which 
framed oar Federal Constitution, took up 
the subject of lie government of the West- 
-em Territory, raising a Committee thereon, 
of which Nathau Dane, of Massachusetts, 
was Chairman. That Committee reported 
(July 11th), " An Ordinance for the gov- 
ernment of the Territory 'of the tTnifed 
States, Northwest of the Ohio" — the larger 
area contemplated by Mr. Jefterson's bill 
not having been c^ed by the Southern 
States claiming dominion over it. This bill 
embodied many of the provisions, originally 
■" '■ ■■ nd reported bj ■" ' *■ 

a modifications, 
six nnalterable articles of perpetual compact, 
ibe last of them as follows : 

"There shall be n either slavery nor inyoln 
tary «ervitudc, in the said territory, otherwi__ 
thsn io panishment of erimcs, nhereof the parties 
absll bo duly convicted." 

To this was added, prior to its passage, 
the stipulation for the delivery of fdgi- 



tivea from labor or service, soon after embo- 
died in the Federal Constitution ; and in 
this shape, the entire ordinance was adopted 
(July 13th) by a unanimous vote, Geor^a 
and the Carolinas concurring. 

III. 



The old Articles of Confederation having 
proved inadequate to the creation and main- 
tenance of a capable and efiicient national or 
central authority, a Convention of Delegates 
from the several States, was legally assem- 
bled in Philadelphia, in 1787— Geoi^ Wash- 
ington President ; and the result of its labors 
was our present Federal Constitntion, though 
some amendments, mwnly of the nature of 
restrictions on Federal power, were proposed 
by the several State Conventions assembled, 
to pass upon that Constitotion, and adopted. 
The following are all (he provisions of that 
instrument, which are presumed to bear upon 
the sobject of Slavery : 

(Preamble) ; " We, lie people of the United 
States, in order to form a more perfect Union, 
estsbtish justice, insaro dumcstic tranquillity, 
provide tor the common defense, promote tlie ge- 
neral welfare, end secnretbe blessings of liberty 
to ourselves end our posterity do ordain and 
establish tliis Constitution for Uie United States 

"Art. I. i 1. All legislative powers herein 
eranted. shall be vested in a Congress of tho 
Uoited States, wbleh shall consist of a Senate and 
House of Representatives. 

■' 6 a. * • • Eopresentativcs and direct taxes 
shall be apportioned among tbe several States 
which may bo inoladed within this Union, accord- 
ing to their respective numbers, wbich shell be 
determined, by adding to the whole number of 
frco persons, including those bpund to servitude 
for a term of years, and deluding Indians uot 
taxed, thrce-fiflhs of all other persons. 

" $ 9. The migration or importation of such 
persons as any ofthe States now'.existing, shall 
tbuih proper to admit, shall not beprOhibited by 
the Congress prior to tho year 180o ; bat a tax or 
dnly may be imposed, not exceeding ten dollars 
on each person. 

" The privilege of tbe writ of habeas corpu.T 
shall.not lie BuspenJed unless when, in cases of 
rebellion or miaaion the public safely may re- 



shell b( 



I bill of attainder or ex post facia laws 

Treason against the United 
Slates, shall consist only in levying war against 
them, or m adhering to that enemies, giving 
them tad and comfort. 

"Art IV JS The citizens of each State shall 
bo euljtted to all the pmileges of citizens, in the 

" No person held to service or labor in one 
State, under tbe lawa Ibereol^ escaping into 
another, shRll, in consequence of any law or regu- 
difchargedfroto sv "'" " """' 





{3. Now 


Slates 


may 


ho 


admitted by the 












be 






with 


n til 


iurisdiction of 








:ii 


ate be' formed by the 


junction of tw 


or mo 


ee,o 


parU of States, 



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EARLY ATTEMPTS TO OVERRIDE THE ORDINANCE. 



irifhbnt the consent of Uie le^Iataree of the 
Stetee coacorned, aa well as of tbe CoDgrose. 

" Tlie Congrees ehall have power to dispose 
of, and make all needful rules sad regulations re- 
upectina the territory or other property, belonging 
to the United Stales ; and notliing in tbis Consti- 
tntion shall be bo coasirned as to pnyudioB any 
claiiDB of the United States, or of any particular 

every State 

government, and aball profit each of tbei 
against invasion ; and on application of the legis- 
lature, or of Iho eieoulive when the legislature 
cannot be convened, against domestic violenco, 
•' Art. VI. This Constilution, and Ibe laws of 
the United States, which shall be made in pur- 
suanee thereof, and all the treaties made, or 
which shdll be made, under the anihority of the 
United Slates, shall be the supreme law of the 
land ; and the jndgoa in every State shall be 
bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstand- 
ing." 

The above are all— and perhaps more than 
all— tbe claases of the Constitution, that 
have been quoted on one aide or ttie other as 
bearing upou the subject of Slavery. 

It will be noted that the word "slave," or 
"slavery" does not appeir therein. Mr. 
"Madison, who vras a Iwiding and observant 
member of the Convention, and who took 
notes of its daily proceedings, affirms that 
this silence was desiffned;— the Convention 
being unwilling that the Constitution of the 
United States should recognize property in 
human beings. In passages wnere slaves 
ace presumed to be contemplated, they are 
nnifocmly designated as '■ persons," never aa 
property. Contemporary history proves 
that it was "the belief of at least a targe por 
tion of the delegates that Slavery could not 
lonr survive the final stoppage of the slave- 
trade, which was espectea to ^aad did) occur 
in 1808. And, were Slavery thisday banished 
fprever from the country, there might, indeed, 
be some superfluous stipulations in the 
Federal compact or charter ; but there are 
none which need ba repealed, or essentially 
modified, 

A direct provision for the restoration of 
fugitive slaves t« thar masters ■ ■ ' 

once, voted down by the Convention. 
Finally, the claase respecting persoi 
at service or labor," was proposed by 
Mr. Butler, of South Carolina, and adopted, 
with little or no oppositii 

■ The following, among the amendments 
to the Constitution proposed by th" 
ratifying conventions of one or more Statcf, 
and adopted, are supposed by some to bear 
on the questions now agitated relative to 
Slavery : 

■' Art. I. Congress shall m 
jng an establlsiimeat of rolig 
the free eiercise thereof; or 
dum of speech, or of the pros 
of the people peacefully to 
petition the Qovetmnent for a .oumoo ui gi.m- 

"Ait. II. A weU-regulaiedmilitiabeingnecee- 



eary to the seoui ity of a free State, the right o( 
the people to keep and hear arms shall not be 

" Art. V. No person shall be * * * deprived of 
life, liberty, or property, without due procaas of 
law ; nor shall private properlj; be taken for pub- 
lic nae without just compeuBation-" 



ihridging the fre 
,i or of the rieh 
assemble, and 



The State of Kentucky was set off from 
the State of Virginia in 1790, by mutual 
agreement, and admitted into the Union by 
act of Congress, passed February 4th, 1791; 
to take eflfect Junelst, 1792. It was never 
a territory of the United States, nor under 
Federal jurisdiction, except as a State, and 
inherited Slavery from the ' Old Dombion.' 

The State of North Carolina, like several 
others, claimed, during and after the Devolu- 
tion, that her territory extended westward to 
the Mississippi. The settlers west of the 
Alleganies resisted this claim, and a portion 
of them assumed to establish (1184^-5) the 
State of Frankknd, in what is now East 
Tennessee ; but North Carolina forcibly re- 
sisted and subverted this, and a considerable 
portion of the people of the embryo State de- 
"" ' " authority, and continued to act and 
vote as citizens of North Carolina. A dele- 
jate (William Cocke) mas sent from Frank- 
land to the Continental Congress, but was 
not received by that body. On the 22ad of 
December, 1789, however — one month after 
her ratification of the Federal Constitution — 
North Carolina passed an act, ceding, on 
certain conditions, all her territoty west of 
her present limits to the United States. 
Among, tbe conditiona exacted by her, and 
agr^ to, by Congress, (Act approved April 
2nd, 1790) is the following : 

" Provided always.thalao regulations made, or 
lo be made, by Congress shall tend to emancipate 

Georgia, in like manner, ceded (April 2nd, 
1802) the territories lying west of her pre- 
sent limits, now forming the States of Ala- 
bama and Mississippi. Among the con- 
ditions exacted by her, and accepted by the 
United States, is the following t 

" Fifljily. That the territory thus ceded shall be- 
come a State, and be admitted mio the Union oa 
soon as it shall contain siity thonsand free inhabit- 
ants, or, at an earlier period, if Congress shall 
think it. pinedient. on the same conditions and 
le privileges, and in the 






Western terrilo 



^ , . _, led in the present act 

of Cession, the artiele only eicepted which farbidj 



wGoogle 



THE STRUGGLE FOB SLAVERY BESTEICTION. 



priginaliy conTeyed by the ordioaupe of 
"ST, was continned nnder Federal pupii^^, 
by the name of" Indiana Territory," whereof 
Wm. Henry Harrison (since President) was 
appointed Governor. An earnest though 
quiet effort was made by the Vii^nia ele- 
ment, which the location of her military 
bounty warrants on the soil of Ohio had in- 
fiised into that embryo State, to have 
Slavery for a. limited term authorized in her 
first Constitution ; but it was strenuously re- 
sisted by the New Enffland element, which 
was far more considerable, and defeated. The 
Virginians either had or professed to have the 
countenance of President Jeffer^n, thoug;h 
his hostility to Slavery, as a permanent socid 
state, was undoubted. It waa quite eommonly 
argued that, though Slavery was injurious in 
the long run, yet, as an expedient while 
clearing away the heavy forests, opening 
settlements in the wilderness, and surmonnting 
the inevitable hardships and privations of 
border litb, it might be tolerated, and even 
r^arded with fevor. Accordingly, the new 
Territcry of Indiana made repeated efforts to 
procure a relaxation in her favor of the re- 
Btrictive clause of the Ordinance of '87, one of 
them through Ibe instmraentality of a Con- 
vention assembled in 1802-3, and presided 
over by the Territorial Governor ; so he, 
witb the g;reat body of his fellow-delegates, 
memorialized Congress, among other things, 
to suspend temporarily the operation of the 
Bixth article of the Ordinance aforesaid. 
This memorial was referred in the Honse to 
a select committee of three, two of them 
from Slave States, with the since celebrated 
John Randolph as chairman. On the 2nd of 
March, 1803, Mr. Randolph made what ap- 
' peers to have been a nnwiimous report from 
this Committee, of which we give so much 
relates to Slavery— as follows : 

"The rapid popnlation of the Slnlo af Obio 
■nSlcieiitly evinces, in the opiaioD of your oon 
miUee, that the labor of slaves 'a not Deceaeai 
to promole the growlb and Eettlement of ooloniL_ 
tn thai region. That Ihia labor— demonstrabty 
(ho dearest of any— can only be empkijed in Iho 
cnltivation of prodncta more vslusble than any 
known to thnc quacter of the Dniled Slatea ; that 

. the ComodUae deem it highly dangeraite and in- 
expedient to impair a provision wisely oBlcul^led 
to promote the happineas and prosperity of the 
northweetem countiy, and to give sIrMigth uid 
security to that esten^iu frontier. In the (alqLary 

. nperaliun of tbia sagacious and benevolent re- 
l&aiaC, it ia beliaved thnt the Inbabitanto of lu- 
iliana wdl, nt no very diatant day, find ample re- 
muneration for a temporary privation of labor, 
and of emigration," 

The Committee proceed to discuss other 
Bubjeota set forth in the prayer oT the aiemo- 
rial, and conclude with eight resolves, whiaiiof 
the only one. relating to Slavery is ai " ' 

" Reio/ved, Th^titia ineipedionttosuspend.for 
.alimited time, the operation of the aisth article of 
ihe compact, between the ori(;ina1 Stalea and Uu 
people and,Statc« west of the river Ohio." 



This Report, having been made at the close 
of the Session, n-as referred at the next to a 
new Committee, whereof Caraar Rodney, a 
new Representative from Delaware, waa 
Chairman- Mr. Rodney from this Commit- 
tee reported (FebroarylTth, 1804),^ 

" That, taking into their coDBideralian the facta 
ated in the nnid memorial and petition, they are 
iduced to believe that a qualified suspension, for 
lunited time, of the eixih article otcompaet bo- 
Keen the original States and the people and 
Stotea west of the river Ohio, might lie prodnc- 
tive of benefit aad advantage to siud Territory-', 

The Report goes on l« discnsa the other 

topics embraced id the Indiana memorial, and 

concludes with eight resolvesj of which the 

(and only one relative to Slavery) is as 

follows : 

Eaolved, That lie (iilji article of the Or- 
dnance of 1787, which prohibited Slavery 
ithin the esid 'Territory, be etiepended in a 
lalified manner, for ten Tearii. so as to permit 
e introduction of alavea, bom wiUiin the United 
Statea, from any of the individoal States; pro- 
vided, that such individual State does not permit 
the importation of alavea from foreign conntries : 
'•nd provided, further, that the descendants of 
_ll EBch slaves shall, if malee, be free at the ^e 
of twenty-five years, and, if females, at the age 
of twenty-one years." 

The House took do action on this Report 
The original memorial from Indiana, with 
several additional memorials of like purport, 
was again, in 1805-6, referred by the House 
to a select committee, whereof Mr. Garnett 
of Yiiginia was ch^rnian, who, on the 14th 
of February, 180S,madfia report in favor of 
the prayer of the petitioners — as follows ; 

That having attentively considered the facia 
stated m the said petitions and metnorlala, they 
are of opinion that a qualified suspension, for a 
limited time, of the siith article of compact be- 
tween the original States, and the pei^e and 
Statea west of the river Obio, would be beneSoial 
to the people of the Indiana Territory- The sus- 
pension ofthis article is at^ otyect almost univer- 
sally de«red in that Territory. 

It anwRTs to yonr committee to be a qaeetion 
entirely ffiflerent Avm that between Slavery and 
Freedom ; inasmuch ns it would merely occasion 
the removal of persons, already slaves, from one 
part of the conntry to aoolher. The good effects 
ofthis saspeaaion, in the present instance, would 
be to accelerate tbe population of tfaat Teriitoir, 
hiUierte retarded by the operation of tbat artide 
of compe£t, as slavc-holdera emigrating into the 
Western country might then iodnlge any prefer- 
ence which they might feel for a eettlement in 
the Indiana Territory, instead of seeking, as they 
are now compelled to do, settlemisita in other 
States or countries permitting the introduction erf 
slaves. The condition of Uie slaves themeolvea 
wonid be much ameliorated byit, as it in evident, 
from experience, (hat thie more they are separated 
and ditTosed, the more care and attention are be 
stowed on tbem by their masters— «ach proprietor 

of their numbers-' The dangers, (oo, (if any are 
to be apprehended) firon too large a black popa- 
lalion esisiine in any one section of countiy, 
nonld certainly be very much diminiahed, if not 
entirely removed- But, whether dangers are to 
be feared from this source or not, it is certainly an 
obvious dictate of sound pohey to guard gainst 



..Google 



EARLY ATTEMPTS TO OVEREIDE THE OBDINANCE. 



e far ifl possible. If this aaHger tln«e ei 
bere ie any cause to spprebend it, and oui 
n brelhren are not ODlf willing bnt dcsi 
aid ue in t^ing precnntions aBiunsI it 
: not be wise to accept tieir assi 



After discussing other aubjects embodied 
in the Indiana memorial, the committee close 
with a series of Eesolvea, which they com- 
mend to the adoption of the House. The 
first and onlj one germane tfl oor subject 
is as follows : 

Seaotved, That tlie siilh article of (be Ordi- 
nonce of 1787, which pDhibile Slttvory within 
the Indiana TeiTilorj. be suepended for '— 
years, so as to permit the introduction of ela 
born wi»iin (be Cnited SUUx, from any of the 
individual- ' 



it wonid not augment flie number of slaves, bat 
merely authorize the removal to Indiana of such 
OS are beld in bondage in the United States. If 
Slavery is an evil, means ought to bo devisod to 
idcr it leaat dangerous to the community, and 

most ameliorated ; and to accomplisb these ob- 

-_e proposed. ITie Comaiittee, tlierefore, re- 
Bpeotiully submit to the House the fbllowing reso- 

"Saotved, That it is eipediant to euBpend, 
from and after the let day of January, 1808, th« 
sixSi aiScle of compact between the United State* 
and the Territories and States northwest of the 
Ohio, passed the 13th day of July, 1787,' lor tbs 
term otlonreara." 

This (pport, with iis predecessors, waj 
committed, and made a special order, bul 
never taken into consideration. 



ere committed 
1 the Monday 
en into consid- 



This report and resolve 
and made a special order 
following, but were nevta" ta 
eration. 

At the nest seEsi<m, a fresh letter from 
Gov. William Henry HMrison, inclosing re- 
Bolvea of tie Legisktive Council and House 
of Represmtatives in favor of suspending, for 
a limited period, the ^ib article of compact 
aforesaid, was received (Jan. 21at, 1807) and 
refeired to a Select Committee, whweof Mr, 
B. Parke, ddegate from said Territory, was 
made chairman. The entire Committee (Mr. 
Nathaniel Macon of N. C. being now Speak- 
er) consisted of 

Messrs. Alston of N. C. Rhea of Tenn. 

MesteraofN. Y. Sandford of Ky. 

Morrow of Ohio. Trigg of Va. 
Piu^ke of Ind. 

Mr. Pwke, from this Committee, made 
fPeb. 12th,) a third Report io the Hotise in 
fevor of granting the prayer of tlie memo- 
rialists. It is SB follows : 

" The reaolutioBS of tbo Legislative Council 
aDdHoneeofKe^reseatativtw of the Indiana Ter- 
ritory, relate to a suspension, fur the term of ten 
years, ot the eirth article of compact between Ihe 
United States and the Territories and States - -"- 



ervitude in the said 
Territory. 

" The suspensioD of Ibe said article woald ope- 
rate an immediate and eesential benefit to the Ter- 
ritory, as emigraCiou to it will l>e incotisiderabte 
many yeare, " ■""■ '" 



The same letter of Gen. Harrison, and re 
solves of the Indiana Legislature, were sub 
mitted to the Senate, Jan. 21st, 1807. They 
were laid on the table " for consideration," 
and dojiot appear to Lave even been referred 
at tbat'sessioQ ; but at the next, or first ses- 
sion of the fourth Congress, which convened 
Oct. 26tb, 1807, the President [Nov. 7th) 
submitted a letter from Gen. Harrison and his 
Legislature — whether a new or the old mw 
does not appear— and it was now referred to 
a select committee, cotsisting of Messrs. J. 
Franklin of N. 0., Kitchel of N. J., and 
Tiffin of Ohio. 

Nov. 13th, Mr. Franklin, from said com- 
mittee, reported as follows : 

" Tlie L^isialive Council and House of Rep- 
reseutatives. in their resoiatioDS, express their 
sense of the propriety of iatroducing Slavery into 
their Territory, and solicit the Coogreee of ths 
United States to suspend, for a given number of 
years, the sixth article of compact, in the ordt' 
nance for the government of (be Territory north- 
west of the Ohio, passed the lUth day of July, 
1787. Thatarticledeclares: 'Thereshallbenel 
ther Slavery nor involuntary servitude within ths 
siud Territory.' 

" The citiiena ot Clark County, in their remon- 
(tranoe, eipeas their sense of the impropriety of 
tbo measure, and solicit the Congress of lbs 
United States not to act on the subject, so aa to 
permit the introduction of slaves into the Terri- 
tory; at least, untS tbdr jwpulation shall entille 
them to form a coBStitatkni and Slate govem- 






rated. 



a those States where Sla- 



id sjtliongh it 19 not conHdered eipe^ent to 

force the population of the Territory, yet it is de- 
sirable to connect its scattered eettlemenia, and, in 
admitted political rights, to place it on an eijnal 
footing with the di^rent States. From (be inte- 
rior situation of the Territory, it [9 not believed 
that ilaves could ever become so numerous as to 
. endanger the internal peace or future prosperity 
ot tiio conntry. Tlie current of emigration flow- 
ing to tbe We9tern country, the Territories should 
all be opened to their introduction. The abstract 
question of Liberty and Slavery is not involved in 
UiB proposed measore, as Slavery now exists to a 
considerable extent in different parts of the Union ; 



And here ended, so fcr as we have been 
able to discover, tbe effisrt, so long and eam- 
estfy persisted in, l<j procure a suspension of 
therestrictioniBtheOrdinajieeofl787,soa8 
to admit Slavery, for a limited term, into the 
Terrritory lying between the Ohio and Mis- 
sissippi nvers, now forming the States of 
Ohio, Indiana, Illinois, Michigan, and Wis- 
consin. 



wGoogle 



THE STRUGGLE FOE SLiTEEY EESTEICTION. 



The vast and indefinite territory known 
as Louisiana, was ce<led by France to tlic 
United Slates in the year 1803, for tbe snra 
Of $15,000,000, of wliich $3,750,000 was de- 
voted to tlie payment of American claims on 
Prance. This territory had just before been 
ceded by Spain to Pfance without pecniiiary 
consideration. Slaveholding had long been 
leeal therein, alike under Spanish ancT French 
rule, and the Treaty of Oession contained 
the following stipulation : 

"Art. in. Theinhabitftntaof the cgded terri- 
tory Bhnll be inootporated iuto the Union of the 
United Statee. aud admitted as eoon bb possible, 
according to IhO principles of the Federal Cunsli- 
tulion, to the eiijoj'ineal of all the rights, advan- 
tages and immumtids of citizens of the United 
States -, and in the mean time they shall be main- 
tained and protected izi the free enjoyment of 
th^r liberty, property, and the reiigioii which 
they profess." 

The State of Louisiana, embodying the 
soathem portion of this acquired territory, 
was recognized by Congress in 1811, and 
fnlly admitted in 1812, with a State Consti- 
tution. Those who chose to dwell among 
tlie iababitants of the residue of the Lou- 
isiana parchase, henceforth called Miasouri 
Territory, continued to hold slaves in its 
sparse and small, but increasing settlements, 
maialy in its southeastern quarter, and a 
pro-slavery court — perhaps any court — 
would nndotibJedly have pronounced Sla- 
very legal anywhere on i^ vast expanse, 
from the Mississippi to the crests of the 
Bocky Mountains, if not beyond tbem, and 
from the Red Elver of Louisiana to tbe Lake 
of the Woods. 

The XVth Congress assembled at Wasb- 
ington, on Monday, Dec. 1st, 1817. Henry 
Clay wa£ chosen Speaker of the Honse- Mr. 
John Scott ■ appeared on the 8th, as del^t* 
irom Missouri Territory, and was admitted 
to a seat as such. On the 16th of March fol- 
lowing, he presented petitionsof sundry in- 
habitanlB of Missouri, in addition to simitar 
petitions already presented by him, prying foi 
the admission of Missouri into the Union a; 
a State, which were, on motion, referred to i 
Select Committee, consisting of 

Meesra. Scott of Mo. Poindoiler of Miss. Eo 
bertsoQ of Ky. Hendricks of Ind. Livcrmon 
ofN.H. MiOsofMasB. SoldwinofFa. 

April 3rd, Mr. Scott, from this Commit- 
tee, reported a bill to anthoriae the People 
of Missouri Territory t* form a Constitution 
and State Gorernment, and for the admission 
of such State into the Union on an equal 
footing with the original States ; which bill 
■was read the first and second time, and sent 
to the Committee of the Whole, where it 
slept for the remainder of the session. 

That Congress convened at Washington 



for its second session, on the 16 th of Noveio. 
ber, 1818. Feb. 13th, the House went into 
Committee of the Whole — Gen. Smith, of 
Md., in the chair — and took up the Missouri 
bill aforesaid, which was considered through 
that sitting, as also that of the 15th, when 
several araendmenta were adopted, the most 
important of which was the following, moved 
in Committee by Gen. James Talimadge, of 
.Dutchess County, New York, (lately de- 
ceased:} 

" Jad provided aJso, That the firrtberirttroduc- 
tipn of Slavery or involnntnry servitude be pro- 
bibited, ascept for the paaishmeBt of crimes, 
whereof the party shall be duly convicted ; and 
that all children of slaves, bom within the said 
State, aftertfae admission thereof into tho Union, 
shall be free, but may be held to service until the 
ago of twenty-five years." 

On coming out of Committee, the Teas and 
Nays were called on the question of agreeing 
to this amendment, which was sustained by 
the following vote : [taken first on agreeing 
to so much of it as precedes and includes the 
word " convicted."] 

YEAS— For the Restrictim : 
-Cliflon I 
e.Nathan , _. 

M \J8iCH USE TTs— {then including Maine).— 
Benjamin Adams, Samuel C. Allen, Walter Fol- 
ger, jr., Timothy Fuller, Joshua Ga^e, Enocti 
Lincoln, Elijah H. Mills, Marcus Morton, Jere- 
miah Nelson, Benjamin Orr. Thomas Rice, Na- 
thaniel Bugles. Zabdiel Sampson, Nathaniel 
Silsbee,-Johp Wilson— 15. , 

Khode IsLiND.— James B. Mason— 1. 

C»H SECT I CDT.— Sylvester Gilbert. Ehenezer 
Huntington, Jonathan O. Mosoley, Timothy Pit- 
kin, Samuel B. Shernrood, Natlumiet Terry, Tho- 
mas 8, Williams— 7. 

Vkhmont.- Samuel C. Crafts. William Hunter, 
Orsamus C. Morrill, Charles Rich, Mark Rich- 
arde-5, 

Nnw-ToBK.— Oliver C. Comatook, John P. 
Cuahman, John E. Drake, Benjamin Elhcott Jo- 
eioh Hasbrouck, John Herkimer, Thomas H. 
Hubbard, William Irving, Dorrance Kirtland, 
Thomas Lawyer, John Palmer, John Savaee, 
PhUip J. Schuyler, John C. Spencer, Treadwell 
Scudder, James TaUmai^e, JohnW. Taylor, Ca- 
leb Tompkins, Geo. Townacnd, Peter H. Wen- 
dover, fiensselaer Westerlo, James W. Wilkin, 
Isaac Williams— aa. 

New-jERser. — Ephr^m Bateman. Benjamin 
Bennett, Charles Kinsey, John laan, Henry 
Southard— 5. 

PsKKSiLvANii— William Anderson, Andrew 
Bodeo, Isaac Darlington, Joseph Heistcr, Joseph 
HopkinsoD, Jacob Ilostetter, Wiiliam Maclay, 
WiUiam P. Maclay, David Marehand, Kobert 
Moore, Samuel Moore, John Murray, Aieiander 
Ogle, Thomas Paltereon, Levi Pawling, Thomas 
J. RogerB, John Bergeaol, James M. Wallace, 
John Whiteside, William Wilson— 3(1. 

Ohio. — Levi Barber, Philemon Becohor, John 
W. Campbell, Samuel Uerrick, Peter Hitj^cock 



Total Yeas 81— only one (the last named) 
from a Sbve State, 

NA YS — Against the Ji estriction ; 

Massachusetts. — John Holmes, JonsUiaa 
Mason, Henry Bhaw— -i 



wGoogle 



THE FIRST MISSOURI STRUGGLE. 



Nbw-Tobk.— Daniel Cruger, DayidA, Ogden, 
Henry R. Storra— 3. 
NBW-jEBSKr.— Joseph BloomEeld— 1, 

NEW-HiMPSHIHL.-iohn S'. PlUTOt^-1. 

Ohio.— William Honry Harrison— 1. 

Ill iHuis.— John MeLean— 1. [10 from Fi'ee 
States.] 

DELAWiBK. — Louis MoLaDB — 1. 

MiE.ri.iKo.~ArohibBldAustin,ThomB«Bttrlyi 
Thomas Culbreth. Peter Liffle, George Peler, 
Philip Repd, Samuel Bloggold, Samuel Smith, 
Philip Stuart— 9. 

ViKGiNii.— William Lee Ball, Philip P. Bar- 
boar, Burwell Baasett, William A. Burwell, Ed- 
ward Colafoa, Bobert S. Garnett, Jam** JohneoQ- 
Williain J. Lewis, William McCoy, Hugh Nelson, 
Thomas U. Xelson. John Pcgram, James Pindall, 

Smy 
18. 

NoKTH Cabolixa. — JoBeph H. Bryan, WiUism 
Davidaon, Weldon N. Edwards, Cbarles I'Msher, 
lltomas H.UbU, James Owen, Lemuel Sawyer, 
Thomas Little, Jesse Slooumb, James O. Smith, 
James Stewart, Feiii Walker, Lewis Williams— 
13. 

South Caholina. — James Ervin, William 
Lowndes, Henry Middlettm, Wilson Nesbitt, El- 
bert Simkins, Sterling Tucker~6. 

GKoKBii.^Joel Abbot, Thocnas W. Cobb, Za- 
doo Cook, William Terrell— 4. 

Kentucki. — Richard C. Anderson, jr., Joseph 
Deeha, Richard M. Johnson, Anthony New, 
Thomas Newton, George Robertson, Thomus 
Speed, David Trimble, Dayid Walker— 9. 

Tennksse I. — William G. Blount, Francis 
Jones, George W. L Uarr, John Bhea — 4. 
-George P(' ' 






.-Thon 



(utler- 



N. Y. (Ye 
miih of M 



Total Nays, 16—10 from Free States, 66 
from Siave States. 

Tlie House now proceeded to vote on the 
residue of the reported amendment [from the 
word " conviotd" above], which was like- 
wise anstaiDed. — Tens 82 ; Nays 78. 

Meesre. Barber and Campbell of Ohio, Linn of 

N. J„ and Mason of R.I.,whr " "-- '- "•'-•- 

aion voted Yea, now voted Ni 

Mo8srB._ Schuyler and Weslerlo of N. Y. (Yi 

changed from Nay before to Yea n< 

So the whole amendment — «9 moved by 
Gen. Talhnadge in Committee of the Whole, 
and there carried — was sustained when report- 
ed to tlie Uonse. 

Kr. Storrs of New-York {opposed to 
the Restriction), now moved the striking oat 
of BO ranch of the bill be provides that the 
new State shall be >uimitt«i inU) the Union 
" on an equal footing with the original 
Stales" — tvhich, he contended, was nullified 
by the votes just taken. The House nega- 
tived the motion. 

Messrs Deeiia of Ky., Cobb of Ga., and 
Rhea of Tenn., declared against the bill as 
amended. 

Messrs. Scott of Mo., and Anderson of 
Ky., preferred the bill as amended to none. 

The House ordered the bill, as amended, 
to a third reading ; Teas 98 ; Nays 56. The 
bill thus passed the House next day, and was 
sent to the Senate. 

The following sketch of the debate on this 



Question (Feb. 15th) appears in the Appen- 
iix to Niies's Register, vol. xvi. 



Mr. Tallmadge, of New York, having 
moved tbe following amendment, on the Saturday 
preceding — 

"And provided that the introduction ofSlar^ery, 
or inv/dantary lervitude, be prohibited, except 
for the puniihment of crimee, whereof the party 
has teen duly eoavicled, and thai all chttdren 
bora Kifhin the said State, after the admiisioa 
therecf into the Unioa, shall be declared free at 



eageo 






Mr. VuiiAv., of Massachusetts, said, that 

in the admisiAon of new Slates into the Union, he 
GOnsidered that Coagroes bad a discretionary 
power. By the 4th arUcle and 3d section of the 
Constitation, Cougtcse are authorised to admit 
them ; bnt aothing; in that section, or in any i>Brt 
of the Constitution, er^oine the admission aa im- 
■; — — J... . II [J were 

. .. — . )ces or coaditiont 

precedent, which being foand to eiiet, Coogresa 
mast Bdnut the new State. All discretion would, 
in snob case, be token from Congress, Mr. F, said, 
and deliberation would be useleas. The hdn. 
speaker (Mr. Clay) has said that Cong"** hi* no 
right to prescribe any condition whatever to the 
newly organized Stales, bntmuef admit then; by a 
simple act, loaying their aoyCTeienty unrestrio^ed. 
[Here the speaker eiplained- fie did not intead 
to be nnderslood in ao broad a sense as Mr. E*. 
staled.] With the explanation of the honorable 
gentlemao, Mr. V, said, I still think his gronnd u 
untenable as before. Wa certainly have a ri^^ 
and our duly to the nation reqnires, that we should 
examine tbe acloo] state of things in the proposed 
State; and, above all, the Constitution espressly 

several States a, fundamental pnnoiple, to be pre- 
served under the sacred guarantee of the nalionni 
legislature.- [Alt 4, sec. 4.] It clearly therefore, 
is the duty of Congress, before admitting a new 
sister into the Union, to asccrtaia that her consti. 
tulion or form of government is republican. Now, 
sir, the amendment proposed by the gentleman 
from Now York, Mr. Taflmadge, merefy requires 
that Slavery shall be prohibited in Missouri. Does 
this imply anything more than that its conatitn- 
tioii slmll be republinan 1 The eiislenco of Slaveiy 
in any State is, no far, a depnrtnre from republi- 
can principles. Tho Declaration of Independenoe, 
penned by the illustrious etaleaman then, and at 
this time, a citizen of a State which admits Slave- 
ry, defines tho principle on which our national 
and state constitutions are all professedly founded. 
The second paragrBph of that instrument begins 
thus : " We hold these traths to be self evident- 
that all men art created e^ual — that they aro en- 
dowed by their Creator with cert«n unalienable 
rights; that among these ere lif^, libekti, and 
the pursuit of hnppmeae." Since, then, it cannot 
be denied that slaves are men, it foUows that they 
are, in B.purcly republican governmeni, bornfree, 
and are entitled to liberty and (be pursuit of^ap- 
piness. [Mr. B'ullerwas here interrupted by seve- 
ral gentlemen, who thoagbt it improper to ques- 
tion in debate the republican character of the 
slave-holding States, which bad alao a tendeney, 
as one genUemon (Mr. Colston, of Virginia) said, 
to deprive thoae Slates of the right to hold slaves 
as property, and he adverted to the_prot>ability 
that there might be slaves in Ibe gallery, lislening 
to the debate.] Mr. F, assured lie genllemou 

" ' "■ farther &om his thoughts, than 

._ , ._it floor, tho right of Vii^iaand 

olhcr States, which held slaves when tjw Consti- 



wGoogle 



10 



THE STRUGGLE FOR SLATERT RESTRICTION. 



tntion irna established, to ooulitiue to bold them. 
With that 8Blueijt the National Legislature could 
not intiTfere, and ou^ht not to attumpt it. But, 
Mr. t'. continued, if gentlemen will bo patient, 
they will see that my romarks will neither dero- 
gate tram the constitutional rights of the States, 
nor from a due resj)ect to their several forms of 
gorecnmeut. Sir, it is my wish to allay, and not 
to excite local animositice, but 1 shall never re- 
frain from adrant^ng such arguments in debate as 
my duty requires, nor do I believe tbet the read- 
ing of our Declaration of IndopcndeQCe, or a dls- 
CBSBion of republiiBQ principles on any occasion, 
can endanger the riehta, or merit the oisapproba- 
tion of any porton of the Union. 

My reason, Mr. Chairman, for recurring^to the 
Declaration of our Independence, was to draw 
from an authority admitted in all parts of the 
Union, a definition of the basis of repnbhcan 
government. If, then, all men bave eqnal rights, 
a, can no more cMnport with the principles of a 
free government to exclude iaon of a oert^n color 
from the enjoyment of " liberty and the pursuit 
at hapjiinesB,'' thau to eiiciude those who have 
not attaiaed a certain portiou of weoltb, or a cer- 
Moatstureofbody, or to found the exclusion Ml 
any Mher cqirii^iis or accidental circumstance. 
Suppose Missouri, before her admission as a 
SHoie, were to subiait to us her ConstitutioQ, by 
ffltich no pefsOB could elect, or be elected to any 
«ffioe, imlesB he poasesaed a clear annnai income 
of twenty thousand dollars ; and suppose we had 

.berof pNvonaJiad such an estate, would this be 
fBythiOK moiB or less thfui a rml ariitocr/ici/ . 
juMet B form nonuuolly ropHblicanl Slectioii 
aui (epresematjon. whicb seme contend are the 
jonly esaeutial prlnoip les of republics, would exist 
.onfr in MHio— » shaduti without substance, & 
boiy without a soul. But if all the ether iohabil- 
aiUb were to be ouule slaves, and mere property 
of the favored few, the outrage oo {o-inciple would 
be still more palpattle. Tet, sir, it is demonstra- 
ble, that the eiclusion ol the blaek pimulatioD 
&om >U polilieal freedian. and making; them the 
property of the whites, is ao equally palpable in- 
yasioo of riehl, and abandoonient of principle. If 
we do this lU the admiesioii of mw Slalea, we vio- 
Jale the Constilation. ao4. we have not now the 
excuse which eiiSod when our Nuliooal CoDstitn- 
lion was established. Theu, to effect a cooceit 
^ iBteresIs, it was proper to iqahe oonceasioiis, 
Tbs States where Slavery stieled not only claimed 
ilw right to eostiaus it, but it was muiiwt thata 
geoerai emuicipabaii of slaves could not be asked 
ef them- 'Hieir political eiist^ica would havo 
beeu in jeopardy ; bolh masters aul slaves must 
Ikave been involved in the must fatal cooso- 

To guard agaiust such intoler^le evils, it is 
provided in the Constitution, " that tlie miKrstioit 
itr Importalion ol such persons, as any of the ex- 
Uling States think proper to admit, shall no) be 
^ohjbit«d ai I8Q8.' " 



X provided elsewhere, that person 
he laws of -—■•'■-■- -■--" 
F Slatea, 1 

ictually n 
It, at the til 



held to serv 



State, shall be given up by 
' :h they may have escaped, 
etc.— Art 4, sec. a. 

. These provisions effectually recognized the 
light in the States, which, at the time of framing 
the ConstitutioD, held the blacks in Slavery, to 
eostiaiie so to bold them until ihey should llunk 
proper to meliorate their condition- The Consti- 
tution Is a compact amon^ all the Stati s then ex- 
isting, by which certain nrinciplea of governmenl 
are ^labliahed (br the whole, and fur each indi- 
vidual State. The pndotninant principle iu both 
respects is, that 4i.l hen are feki. and bave att 
a«DAL WIGHT TO LiEKHTr, and all otber privi- 
" )r words, the predominuntpriuci- 



Ities ; or, ii 



j-ds, the pri 
H, in its lat 






then, the same compact contains certain eisep- 
tions. The States tlien holding slaves are per- 
mitted, from the necessity of the case, and for the 
sake of union, to exclude the republican principle 
so far, and only so for, as to retain their itlaves iu 
servitude, and aleo their progeny, as had been the 
usage, until they should thi^ it proper or safe to 
conform lo the pure prinoiple, by abolishing Sla- 
very. The compact contaloe on its face tho 
general prinoiple and the exceptions. But the 
attempt to extend Slavery to the iiein States, ie in 
direct violation of tho clause, which gnorantoeB 
a republican form of government to all the States. 
This clause, indeed, must be construed in connec- 
tion with the exceptions before mentioned i but it 
cannot, without violence, be applied to an)y other 
States than those in which Slavery was allowed 
at the formation ef the Constitution. 

The honorable speaker cilos the first clause Id 
the ^d section of the 4th article—" The citizens of 
each State shall be entitled to all the privileges 
and immunitieeof dtizens of the several States," 

tion proposed in tie Constitution of Missouri. To 
keep slaves — to make one portion of the popula- 
tion the property of another, hardly deserves to 
be called a privilege, since what Is gunod by the 
masters must be lort by the slaves. But, inde- 
pendently of this consideration, 1 think the ob- 
servations already ofl'ered to the committee, show- 
ing that holding the black population in servitude 

Constitation, and cannot be allowed to extend be- 
yond the fair import of the terms by which that 

the oiijection. The gentleman proceeds in the 
same train of reasoning, and asks, if Congress can 
require one condition, Bow many more can be re- 
quired, and where these conditions will end! With 
regard to a republican constitution, Congress are 
obliged io require that condition, and that is 
enough for Ibe present question ; but I contend, 
further, that Congress has a right, at th^ dis': ~ 



Several other) 
Illinois and Mi 
which was 



reasmiable condition, 
re required of Ohio, Indiana, 
lippL The State of liouisiana, 
•f the territory ceded to us at 
with Missouri, was required to pro- 



jr Constitution for trials by jury, the 

_,, ,/ith sevMol otli« 

. Those, 



idjeli. 
to that 



indispensable iDgredienls in a renubiican form of 
government than the equality of' privil^ea of all 
the population ; yet these have not been denied to 
be reaaonable, and warranted by the fvational 
Constitution in Ibe odmiesion of new States. 'Nor 
need gentlemen apprehend that Congress will sot 
no reasonable limits to the conditions of admis- 
sion. Iu the exen^tseof their coostitutional dis- 
cretion on this subject, they are, as in all other 

levy direct taxes is not ^ited by the Constitu- 
tion. They may lay a lax of one miUion of dollars, 
or of a hundred millions, without violating the 
letter of the Constitution ; but if the latter enor- 
mous and unreasonable sum were levied, or even 
the former, without evident necessity, tbo people 
havo the power in their own hands — a speedy 
eoirective is found in the return of the ejections. 
This remedy is ao certain, that the regresentatires 
of the people can never lose sight of it ; and, eon- 
sequontly, an abuse of ttaelr powers to any con- 
siderable extent can never bo apprehended. The 
same reasoning applies to the exercise of alt the 



exception. 



lo Congress, and the e 
ito the Uniou is m no respect an 

n, however, has contended against 
because it abridges the rigbla of 
g States to trauitport their slavei 



wGoogle 



altBinpted tn be enforced ii 



THE FIEST MISSOURI STRUGGLE. 

ir otherwise. This rt- 









bf CoDgresa lill 1S08." This cksrly implieH. that 

after that year. The importalion hSB beea pro- 
hibited, bntthemigratiou baa not hitherto beeDre- 
atriuned ; Congress, however, may reatraio it.when 
it may be judged eipodient. It is, indeed, coii- 
teaded hy some gentlemen, that mi^rMion ieeithra 
eynonymoua wiUi importntiaa, or that it means 
aomething different from the tranaportiH^on of 
aliives from one State to anothe». It certainly is 
not synonymous with importatiaa. ofld would not 
hare been used if it had been so. It eannot mean 
expertntion, which is also a deflnito end precise 



cause no poBsible reason existed for regulating 
their adnuaaion by the Conatitution ; no iies 
hlacks ever came from Africa, or any other conn. 
try, to this ; and lo introdnoe the provision by the 
side of Ibat for (he unporCatioD of slavey, woold 
have been absurd in the bigheet degree. What 
alternative remains but to apply the term " migra- 
tion" to the tiaDsportalion of slaves from those 
Stales, where they btd admitted to be held, to 
oUier States. Sueh a provision might have in 
~ — a very natural objf' ""■- - ' ' -'' 



migfat b 



The price 
1 sudfen p 



_ n prohihitioa 

nsport slaves from State to State, that it was 
as reasonable to guard against that inconvenience 
as against the sudden interdiction of the importa- 
tion. Hitherto it has not been found necessary 
for Congress to prohibit migration or transport- 
ation from Slate to State. But now it becomes the 
right and duly of ConKress to guard against the 
further exloneion of the inlnlerahle evil and the 
crying enormity of Slavery. 

The eipediency of this measure is very appa- 
rent. The opening of an oitenslve slave market 
will tempt the copidil v of those who, otherwise, 
perbaps, might gradually emancipate their slaves. 
Webave heardmuch, Mr. OhBiimin.itf theCcdo. 
nidation Society ; an iustitation which is the fa- 
vorite of the humane gentlemen in the ilavehold- 
ing States. They have long been lamenting the 
misoiieB of Slavery, and earnestly seeking for a 
remedy compatible with th^ own safety, and the 
bapptness of Ibeir slaves. At last the great dedde- 
rafnm is found — a colony in Africa tor the eman- 
cipated blacks. How wul the generoiis intentions 
offbese humane persons be fhwtrated.iftbe price 
of slaves la to'be doubled by a new and boundiees 
market ! Instead of emancipstion of the slaves, 
U IS much to be fBaredjthat'UnprJntnpled wretches 
will be found kidnapping those wbo are already 
free, and tranaporljnff aod sdling the hapless vio- 
tima into hopeless Kond^^ Sir, I really hope 
that Congress will not contribute to discounte- 
nance and render abortive the generous and phi- 
lanthropic views of this most worthy and laudable 
•odety. Sather let ua hope, that the time is not 
Tory remote, when the shores of Africa, which 
have so long been a scene of barbarous rapadty 
and aavege cruelty, shall eifaibit a race of free 
and enUghtened people— the ofi^pring. indeed, of 
cannibals or of slaves ; but displaying the virtues 
uf mviliiaiion and the energies of independent 
freemen. America may then hope to see the de- 
yelonoment of a germ, now scarcely visible, cher- 
ished and matured under the gonial warmth of 
our country's protection, till the fruit shall appear 
in the regeneration and happiness of a boundless 

One argument still remiuns tobe noticed. It is 



that tire President and Senate, the treaty-making 
power, cannot make a stjpulalioa with any for 
elgn nation in der<^ation of (be constitutional 
powers and duties iit this House, by making it 
imperative on na to admit the new territory ac- 
cording to the literal tenor of ibe phrase : but the ' 
additional words in the treaty, "according to tbe 
principles of the Constjtutioa," put it beyond all 
donbt that no such compnlsory admission was 
intended, and that the repubUcan principles of our 

this, as well aa all t£e new States, in Uie national 
family. 

Mr. Tauj(adge, of New York, rose — 

^r. said ho, it has been my desire and my inten- 
and unpleasant snliject. When I had the honor 



to the newly acquired territory across Ibe Missis- 
sippi ; and I then expressly dechired. that I would 
in no manner mtermeddle with the slaveholding 
States, nor attempt K^anumisfflon in any one of Ihe 
oi%inal Stales in the Union, Sir, I even weirt 
further, and stated that I was awaro of the deli- 
cacy of tbe subject— and, that I had learned from 
southern gentlemen the difbcultieti and the dan- 
gers of haying free blacks intermingling n-ilh 
slaves ; and, un that account, and with a view to 
liie sately of the white population of Ihe ai^oiniug 
Stales, I would not even advocate the probibition 
of Slavery in Die Alabama territory; because, 
surrounded as it was by slaveholding Slates, and 

conrso between slaves and free blacks could not 
be prevented, and a servile war mi^t be the re. 
snlt. While we deprecate and mourn over the 
evil of Slavery, humanity aad good morals require 
na to wish its abolition, under cuuumstances con- 
sistent with the safety of tbe wbito population. 
Willingly, therefore, win I submit to an evi) 

—'-■-' — ^ ■ safely remedy. I admitted aJI 

J ,# ■'•cdBoCTerof having free 
iiibi;b.o .u,iuin Lu Biiivtn, Bud, thCTeforo, did not 
hesitate to pledge myself that i would neither ad- 
vise nor attempt coereive manumission. But, ail, 
all these reasons cease when we cross the baaks 
of the Mississippi, into a territory separated by a 
natural boundary- " '"" '" "" "" ""'" "" 



It had been said of Ihe dt 



icquired territory, 
uc.o. i.uJlemplated in tbe rormalion of ourgov- 
erument^ not included within the compromise or 
mutual pledge In the adoption of our ConatitH- 
.; — . . — :. icqujred by a "~ 



^nd, and ou^t justly to 






Sir. when I Bnbmitte4 the amendment noir 
under consideration, accompanied with theee 
eiplanalions, and with these avowals uf my iu- 
tentiona and of my motives — I did eipecL that 
geuttemen who might differ froin me in opinion 
would appreciate the liberality of my views, and 
would meet me with moderation, as upon a ftur 
aubject for general legialation. I did e;tpeot, at 
least, that the IVank declaration of my viewi 
would protect me from harsh expressions, and 
from Ihe unfriendly impntadoos which have been 
cost out on this occasion. But, sir. such ha* 
been the character and tbe violence of this de- 
bale, and expressions of so much intemperance, 
and of an aspect so threatening have het 
that continued silence on my part wonli 



original proposition. While Ibis subject waa 
under debate before tbe Committee oT the wbole, 
I did not take Ihe floor, and I avail myself of 
this occasion to acknowledge my obligations to 



Jill be- 



.Google 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



my frienda (Mr. Taylor and Mr. Mills) for the 
lUBnuer in mnah tbof supported my UDendmeat, 



journey, long in lis citeut and painful in il3 oo- 
caaioD ; and from an affection of my breast I 
could not Iben speak. I cannot yet hope U> do 
justice to the aul^ecti but I da hope to say 
enough to assure my friends that I have not left 
them in the controversy, and to convince the 
opponents of U^e measure, that their TLolence has 
cot driven me from the debate. 

Sir, the hon. geutleman from Misaonri (Mr. 
Scott, nho has just resumed his seat, haa told Da of 
Ute ides of March, and has cautioned us to " bo- 
ware of the fate of Ciesar and of Rome." Another 
gentleman (Mr. Cobb) from Georgia, in addilJon 
to other expres^ona of ereat waroiUi, has said, 
that if we pereist, the Dmon will be dissol-ved ; and 
with a loot died on me, haa told us, " we have 
kindled a fire which all thewalera of the ocean 
cannot put out, which seas of blood can only ex- 

Cangnage of this sort has no effect on me ; my 
purpose is Esed, it is interworoa with my es- 
lateuce; its durability is limited with my life; it 
is a great and glorioua caaae. setting bounds 1« a 
slavery the most cruel and debasing the world 
has evei witnessod ; it is the freedom of man; it 
is the cause of unredeemed and unregenerated 
bunian beinga. 

If adiaeolution of tbe Union must take place, 

let it be eo! If civil war, which gentler 

much threaten, must cooiei I can only sa; 
come ! My hold on life is probably aa 
that of any man who now heara me ; but while 
that hold lasts, it shall be devoted to the i 
of my country — to the freedom of man, I 
is necessary to extinguish any fire which . 
assisted tu kindle, I can assure gentlemen, while 
I regret the necessity, I ahall not forbear to cou- 
tribotemy mite. Sir, the violence io which gen- 
tlemen have reaorted on this subject will not 
y purpose, nor drive me from my place. 



expreaaiona, really inteodini; the meaning wMcb 
the words seem to import, and which bad been 
uttored against the genUeman from New Hamp. 
'•-—<. [Mr, Nelson, of Vkginia, in the Chmr, 
d to order, and said no personal remarks 
Id be aQowed.J Mr. T. said he r^olced the 
Chair was atlength aroustd to a aenao of its 
duties. The debate bad, for aeveral days, pro- 
lequaled violence, and all was in 
, when at length thia violence on 

J resisted, the Chair diacovered it 

is oat of order. I rqoiee, sud Mr. T., at the dis- 






It is 



oovei-y, I approve of the admonition, while 
— ud to aay it has no relevancy to me. 

boast that I have never uttered an untrieadly 
, jonal remark on this floor ; buti wish it dis- 
tinctly understood, Ihst the immutable lawa of 
selfdefenae will jualify gomg to meat longtha, 
and tliat, in the future pnwress of this debate, 
the rights of defense would be regarded. 

Sir, has it already come to this ; that in the 



cannot 'safely bediacuosed? Are members w 



Ihava the fort 

the repreaentative of freemen, who poaseus 
telligonce to know Iheir rights^ who have 
spirit to maintain them. Whatever might bo . 
own private aentiments on this aul^ect, standin^g 
here aa the representative of others, no choice '" 
left me. I know the will of my constituents, anr 
r^urdlesB of consequences, 1 will avow it— i 
their representative, I will procimm their hatred 
to SlavMy in every sb^ie — as their repreaentative 
here will I hold my stand, tiU this floor, with Uie 
Constilutlon of my country which supports it, 
shall sink beneath me — if I am doomed to fall, I 
ahall, at least, have Ihe painfol conao^tion to be- 
lieve that I fail, aa a ftagnieut, in the ruins of my 

Sir, Uie gentleman from Virginia (Mr. Coialon) 
has accused my honorable friend from New 
Ham^hire (Mr. Livermore) of '■ speaking to the 
galleneSi' and by bis "language endeavoring to 
eicilea servile war ;" and has ended by aaying, 
"he is no bettor than ArliuUinot and Ambriater, 
and deserves no better fate." When I hear such 
language uttered apon tbia floor, anA within this 
houae, 1 am oonalrained to consider it aa hasty 
and unintended language, resulting from the 
vehemence of debate, and not really intendiof; the 
personal indecorum the eipresaiona would seem 
lo indicate. [Mr. Colston aafced to explain, and 
aaid he had not distinctly understood Mr. T. 
Mr. Livermore called on *Ir. C. to slato (he ei- 
pres^ona be had used. Mr. C. then said be bad 
no eiplanation to give.! Mr. T. said he hadnone 

lieve any gentleman on this Lor would commit 
so great an indecorum against any momber. or 
Bgamst the dignity of this houae, aa 



meriting the fate of Arbuthnot and Ambriater I 
Are we to be told of the dissolution of the Union, 
of civil war. and of eeaa of blood T And jet, 
with such awful threatanings before us, do gea- 
tiemen, in the same breath, inaist upon tho en- 
couragement of thia evil ; upon the extension of 
this monstrous scourge of the human racel An 
evil so fraught with such dire calamities to us 
as IndividoaG,, and to our natjon, and threaten- 
ing, in its progress, to overwhelm the civil and 
refi^ouB matitutious of the country, with the 
liberties of Iha nation, ought at once to be met, 
and lo be controiled. If its power, its influence, 
and its impending dangers, have already arrived 

.. ^ ^ at auch a point, diat it IS not aafe to disc uas it on 

ir to stand here a^ this floor, and it cannot now pass nnder considera- 
tion aa a proper subject for Eeneral legislation, 
what will Oe the rcault when it is spread through 
your widoly-eittended domain ) Ita present 
threatening aspect, and the violence of its auji- 
porters, so far from inducing me to yield lo its 
progress, prompt me to resist its march. Now is 
the time. It must now be met, and the extension 
of the evil must now be prevented, or the occa. 
sion is irrecoverably lust, and the evil can never 
he couirolled. 

Su', extend yonr view across the Mississippi, 
over yonr newly-acquired territory— a territory 
so far surpassing, m extent, the limits of your 

E resent country, that that country which gave 
irth to your nation — which achieved your Revo- 
lution — oonaolidaied your Union— formed your 
Conatitution, and baa subsequently acquir»l so 
much glory, hunga hut as an appendage lo the 
extended empire over which your repubUcan 
government ta now called to bear sway. Liook 
down the long vista of futurity ; see your 
empire, in exlont unequaled, in advantageoua 
aituation without a parallel, and occupying all tho 
valuable part of one continent. Behold tLIa ex- 
tended empire, inhabited by the hardy sona of 
American fieemon, knowing their rights, and in- 
heriting the wiU to protect them— owners of tho 
soil on which they hve. and interested in the in- 
alitutions which they labor (o defend -, with two 
oceans laving your shores, and iributary to your 
purposes, bearing on their boaoma ihe commerce 
of our people; compared to yours, tho goyero- 
menta of Europe dwindle into inaignifiuance, and 
the whole world ia without a parallel. But, sir, 
reverse this scene ; people this fair domain with 
I tiicb the slaves of your plantera ; extend Slavery, Uus 



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THE FIEST MISSOURI STRUGGLE. 



13 



bone of man, ihis abomination of heaven, over 
jonr eiteoded empire, nnd JOB prepare iWdiBBoln- 
Uon J you turn its aocumulatad strength into 

CitivB weakness ; you clieriiili a canker iu your 
Hst; you putpdaun in ysur bosom; you place 
a vulture preying on your heart — nay, yon whet 
Jie liagger and pJace it in the bands of a portion 
of your popnlation, etjmalated to use it, by every 
tie, human and divine. The envious contrast 
between your happiness and their misery, be- 
Iween your liberty and their slavery, must oon- 
etantly prompt them to accomplish your desbTic- 
tion. Your enemies will learn the Bourco and 
the cause of your vreskuess. As often as eitemnl 
dangers shaU threaten, or inlemal aommotions 
awBityou, you will then realize, tlmt by your own 
procurement, you have placed amidst your 
familiee, and in the boaom of your country, a 
population producing at once the grcatcet cauee 
of individual danger, and of national weakness. 
With this defect, your government must crumble 

Sir, wo have been told, with apparent confi. 
dence, that wo have no right to anneit coDditions 
to a State, on its admission into the Union ; and 
it has been urged that the proposed amendment, 
prohibiting the further intiM>duction of Slavery, is 
nnconstitutional. This position, asserted with 
soinuch coiilidence,remamBUDeupportedby any 



dicates an opposite conclusion, and aeems to con- 
template d ifitference between the old and the 
new States. The practice of the government 
has sanctioned this diffBrenco in many respects. 

Tte third section of the fourth article of the 
Constitation says, " nea Stales may be admitted 
by the Cosgreta into thii Union," and it is silent 
as to Ihe terms and conditions upon which the 
new States may be so admitted.. The fiur infer, 
ence from thia le, that the Congress which might 
admit, ahould prescribe the time and the terma 
of such admission. The tenth aection of the first 
article of the Constitution says,-" the migration 
or ivipoHatioa of such persona as any of the 
Stateisovr sxiSTtNO shall think proper to ad- 
mit, thaU not be prohibited by the Congress prior 
to the year 1808." The words '■ now exitiiag" 

tend. The word slaae Gi nowhere mentioned in 
the Cona- " ' 



imMtlation mto any nea Hiate before the 

Congress, therefore, have power over .__ 
sutyect, probably as a matter of legislation, but 
more certainly as a right, to preecnbo the time 
and the condition upon which any new State 
may be admitted into tiie family of (he Ur- — 

Sir, the bill now before ua proves the correct 

of my ar^menL ' It ia filled with conditions and 
limitutione. Thetorritory is required to take a 



„ niied States, and dcclar. 

ing that all navigable waters shall remain open 
to the other States, and be exempt fi-om any tolls 
Of amies. And my friend (Mr. 'Taylor) has also 
Bubmitled amendments prohibiting the State 
tiDm taiing soldiers" lands for the period of five 
years. And to all these amendments we have 
heard no etjection — they have passed unaui. 
meusly. But now, when an amendment, pre. 
bibitiag the lather intioduclion of Shivery is 
proposed, the whole house is put in agitafion. 
Hn<f we are oonfidenlly told it is anconstrtutloDia 
lo annex conditions (o the admission of a new 
State into the Union. The resuh o^ oU Uiis 



that all amendments and conditions are proper, 
which suit a certun classof gentlemen,' but what- 
ever amendment ia propoaed, which does not 
comport with their interefita or their viowa, is un- 
eonalitutional, and a fla^ant violation of thin 
saftred charter of our rights. In order to be con- 
sistent, (^ntlemen must go back and strike out 
the vanous amendments to which they have 
already agreed. The Constitatien npphes equally 

Sir, we have been told that thia is a new prin- 
ciple for which we eontood, never before adopted, 
or thought of. So far from this being correct, it 
is due to the memory of our ancestors lo say, it 
is an eld principle, adopted by them, as Iha 
policy of our country;. Whenever the United 
States have had the right and the power, they 
have heretofore prevented the extension of 
Shivery. The Stales of Kentucky and Tennessee 
were taken 08" frem other States, and were ad- 
mitted into the Union without condition, because 
their lands were never owned by the United 
States. The Territory northwest of the Ohio is aJI 
the land which ever belonged to them. Shortly 
after the cession of those lands to the Union, 
Congress passed, in 1787, a compact, which was 
declared to be unalterable, the sixth article of 
which provides that " there shrill be neither 
Slave'ry nor involuntary servitude in the said 
Territory, olheraite than in the punishment for 
crimes, Whereof the parties ihail have been July 
convicted," In pursaance of this compacts aU 
the States formed from that Territory have been 
admitted into the Union upon various conditions, 
and, amongst which, the sixth article of this 

Lot gentlemen also advert to the law for the 
admiaaion of the State of Louisiana into Ihe 
Union: they will find it filled with conditions. It 
was required not only to form a Constitnaon upon 
the principles of a republican government, but 
it was required to contain the '' fundamental prin- 
ciples of civil and religious liberty. ' It was even 

its records, and its judicial and its Iqjislafive 
procedings in the English language ; 1 



e trial by juy, 1 



aim to unappropriat 
ith tbe prohibition 



o surrender Ml 



ited lands in the TerriMry, 
- — — ■■ of the United 



After this long practice and constant usage to 
. jnex conditions to tbe edmissiou of a State into 
the Union, will gentlemon yet tell ua it ia uncoD- 



1 asked, wbether we wished to ace such a 
"chequered -union 1" Sir, we have such a union 
alraadv. If the prohibition of Slavery is the de' 
nial of^a right, and constitutes a chequered ',inion, 
gladly would [ behold such rights denied, and 
such a (diequer apread over every St'" '~ '""" 
■'nion. It U! now apread "■" «'■ 

est of the Ohio, and for 
itreogth of those States. . 
tended fbjm the Missiaaippi to the Pacific Ocean, 

Sir, we have been told that the proposed 
amendment cannot be received, because it ii 
contrary to the treaty and cession of Louisiana. 
" Article 'i. The inhabitants of the ceded terri. 
tory shall be incorporated in the Union of tbg 
Uuiled States, and admitted as aoon as possible, 
according; to the principles of the Federal Con- 
stitution, to the enjoyment of all the rights ad- 

Unitedsiatea, and in the mean tune they shall 
be maintained and protected in the free eiyoy- 
ment of their liberty, their property, and the re. 
li^on which they profess," I find nothing, sud 
&. T., in this article of Ihe treaty, incompalibla 



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u 



THE STBUGGLE FOR SLAVERY EESTRIUTION. 



with the proposed amendmeDt Tlie rights, ad- 
vantages, nnd immanitiee of cltiKenA of the 
United States &re gunrnnteed to the inhabitants 
of Louiaiaaa. If one of them should choose to 
remove into Virginia, he could t^e hisalavee 
with him ; bnt iflie remOTea to Indiana, or any 
of the States northweat of tho Ohio, he cannot 
take his slaves with him. If tho proposed 
Bmeodment prevail, the inhabitants of Ixia- 
isiana, or the citizens of the United Slates, can 
neither of them tiAe slaves into the State of 
Missouri. All. therelbre, 



1 the 



(fiat I call 
L^ attached to 



of CI 






iitry. 



Bat, while 1 have no doubt that the treat}' 
tune no solid objeclioa Bgamat the proposed 
amendmeut, if it did, it would not alter my de- 
termiustion on the subject. The Senate, or the 
treaty-mtdting power of our government, have 
neither the right, nor the power tu slipalate by it 
treaty, the terma upon wtiioh a people shall be 
admitted into the Union. This Hoase have a 
right to be hoard on the sulyect. The admiBalon 
of a State into the Union la a Legislative act, 
which requires the oonourreuce of all tho depart, 
meats of Legislative power. It is an unporttuit 
prerogative of this House, which I hope will 
never be surrendered. 

The zeal and tho ardor of gentlemen, m Ibe 
course of this debate, have induced them to an- 
nounce lo this house, that, if we peraist and force 
the state of Missouri to accede to the proposed 



^C 



of bettering the condilJonH of slaves, by sprond- 
er the country. A slave-driver, a 

.._. ._ human Uesh, as if sont by Provi. 

denoe, has passed the door of your capitol, on hia 
way to the Wcet, driving before him about fif- 
teen of these wretched victims of his power col- 
lected in the course of bis traffic, and by their 
rcmoviJ.tora from every relation and from evei-y 
tie which the human heart can hold dear. Tlie 
males, who might raise the arm of vengeance, 
and retaliate for their wrongs, were hendouffod 
and cbainad to each other, while the females and 
children were marched in their rear, under tbe 
le of (he driver's whip ! Yes, sir, such 
a the scene witnessed (torn the windows 
f Congress Hall, and viewed by members who 
ompose the legislative councifa of republican 

In the coarse of the debate on this sulyect, we 
ave been told that, from tho long habit of the 
. authem and western people, the possession of 
slaves has become necessary to them, and an es- 
sential requisite m their living. It has been 
urged, fixim the nuture of the ehmate and soil of 
"•- southern coonliiee, that the lands cannot be 
.pied or cultivated without ahivfS. It ha« 

1 aaid that the slaves prosper in those places, 

and that they are much b"— -" " ■'•— '— 

lid that if wes' 
je Miesiaaippi, 
of property"- - 



o tlie Union, she wilt n 



regard, ii 



ind, UE 



. . i admitted, will alter her constitution, 
inlrodoce Slavery into her territory. Sir, I ar 
not prepared, nor is it necetwary to determini 
what would be the consequence of such a violf 
tiuo of talth — of such a dopsjiure from the fundt 
mental condition of her admiaaiou into th 
Union. I woald not oast upon ft people bo fou_ 
1. ''heguilty 

regarded the fmth and 



west of the Ohio have 
the conditions of their admi 
reosiM to behove the people of Miaa 
alao regard theira. But, sir, when. 

at naught the fundamentiU conditi< 
mission, and shall, in violation of 
dertake to levy a tax upon lands of the UitUed 
States, or s toll upon then- navigable waters, or 
introduce Slavery, where Congress taave ]-—■'= 
bitod it, then it will be in time to determii 
consequence. But, if Ibe threatened 
were known to l)e the oertaia result, 
insist upon the proposed amendme 
claratjou of this house, the declared will of the 
nation to prohibit Slavery, i ' ^ 
moral eftect, and stand aa one of t£e brightest 
omameuLs of our countir. 
Sir, it has been urged with great plausibility, 

that we should spread the slf ■" — 

counlry, and thus spread the 

confine H to its present dislri 

said, we should thereby diminish the dangers 

from them, while we incieaee tho means of their 

living, and aogmont tlieir comforts. But, you 

and that, while Slavery is admitted, the market 
will be supplied. Our coast, and its contiguity 

to the We«t Indies and tlie Spanish — - 

render easy the introduction of slai 

country. Our laws are already highly penal 

-—---' thar incroduclujn, and yet.-- " 



and there 
wil 
a State 



St woald 



rather than 



juntry. We 






ill greatly lesaen tho value 
shall retard, for a long 
years, the settlement of that country. 
Sir, aaid Mr. T., if the western country cannot 
be settled without slaves, ghidly would 1 prevent 
its settlement tiU time shafl he no more. If this 
class of arguments is to prevail, it sets all morals 
at defiance, and we are called to legislate on this 
subject as a --"- "' ' ■- — " "■ 



:o be tt 



the commercial States of the liiast ; and if it bet- 
ter the condition of these wretched beings, invite 
tho dark population of benighted Afriea to be 

translated to the al- ' '''■"-■ '"' 

But I will not oast upon this or ^ . . 

sion to whwh their arguments would necessarily 
tend. I do not believe any gentleman on thia 

maintain m tho abstract the principles of Slave- 

£. I will not outrage the decorum, nor insult 
a dignity of this houaa, by attempting to argue 
in tha place, as uu abstract proposition, tlie 
moral right of Slavery. How eiadly would tho 
•' Icgiliiaaiea of Eariipi chackte," to find an 
American Congress in debate on such a quea- 

il brought upon us without our own 



fault.befort .. , „, 

we have revolted, we muat of necessity logislato 
upon this eul^eot. It is our business so to legia- 
lato as never to encourage, bat always to con- 
trol, this evil ; and, while we strive to eradicate 
it, we oaglit to fix its limils, and render it subor- 
dinate to tho safety of the white population, and 
the good order of civil sodety. 

sir, on thia subject the eyes of Europe are 
turned upon you. You boast of the freedom of 
year conatitution and your laws, you have pro- 
clainwd, in the Decimation of independeuce, 
" That an /meit are created equal; that they are 
eadaiced by their Crealor vnSi certain aaaiieaa- 
Me righta—that amoagsl these are life, liberty, 
andtheBariuit of happiness ,-" and yet you have 
slaves in your oountry. The enemies of your 
government, and the legidmateeof Europe, pinnt 
to your inconsisteneies, and blazon your aupposed 
detects. If you allow Slavery to pass into lerri- 
toriea where yon have the ^wfill power to e^ 



wGoogle 



tslnde it, yon will joatly take upon yourself nli 
thecbargee of incOQBieteni>y i butosnflneitloUie 
original slaTeholding SMteB, where yon found it 
at ihe fonnation of your government, and yon 
Htand acquitted of bU imputation. 



in; for the J 



■;1" 



IB Illin. 



ja had drawn a pictt . 

country, OS holding in ono hind the Declaration 
of IndepondenCB, nnd with the other brandiablng 
a vhip over onr affrighted atavQB. I tben made 
it my boast that -r/e could cast back upon Eng- 
land tbe accvaation— that ahe had cmnmitted tbe 
original tin of biiofpng slavea into our coonfry. 
I hdvo einco received, through ihe poat^oESce, a 
lotter post marked in South Cnrollaa, and signed 
"A native of England," deitnag that, when I 
hud occasion to repefit my hooet Bgainet England, 
\ would alao state that she had atoned lor her 
original sin. by eetablishli^ in her elave-coloniee 
a syatcm of humane lawa, meliorating their con- 
dition, and providing for their safety, while 
Amerina bad committed the aecondnry ain of dia- 
regirdiug their condition, and had even provided 
lawa. by which it was not ninrder to kill a slave. 
Sir, 1 felt the severity of the ruproof; I feSt for 
my conntry. 1 have inquired on the anlueet. 
and I find auoh were formerly the lawa in aomft 
of the alaveholding States ; and Uiat even now. 
In the Stats of South Carolina, by law, tbe pen- 
alty of death ia provided for alealing a elave, 
whih' the mnrder of a elave ia punished vrith a 
trivial fine. Such is tbe contraet and the relative 
Talae which is'placed, in tbe opinion of a slave- 
holding Slate, between tho property of tbe mas- 
Sir, gentlemen hare ondertaken to criminate, 
and to draw odiona contrasts between different 
sections of onr conntrj— I shall not oombnt such 

morality on this subject, either for myaelf or aiy 
constituents i nor have I east any imputations 
on olhera. On the contrary, I hold that man- 
kind under like circnmalancca are alike, tbe 
worid over. The vicious and unprincipled 
confined to nodiatriot of country: and it a 
this portion of the commnnity we ore bound to 
testate. When honorable gentlemen inform US 
we overrate tbe cruelty and the dangora of 
Slavery, and tell na that their slaves are happy, 
and oouleuted, and would even contribute to 
their aafety, ibey tell na hut very little ; tJiey do 
not tell us, that, while their slaves are happy, 

tbe slaves of some depraved and c — ' '"*" ~ 

their neighborhood may not be sti 

venge, and Ihns involve the oouutt 

wo had to legialate only for such 

are now embraced within my view, _ _ 

robbing Ihe mail would be a di^race upon th> 



flf legislating to lii 

In tbe seal to di_. , 

beoD told by one gentleman, that gentlemen from 
one district of country talk of their morality, 
while those of another practice It. And the bu 
perior liberahty has boon asserted of Sonthen 
gentlemen over those of the North, in all contribu 
tions to moral institutiona, for bible and mission 
ary sooiotlea. Sir, I understand too well ihe pui 
a uit of my purpose, to be decoyed and drawn of 
into the diacuasioa of a collateral aubject. 
have no inchnatlon to controvert these assertion 
of comparative liberality. Although 1 have n 
idea they are founded in fact, yet, because it bel 
ter suits the oljeot of my present aigumcnt, 
will, on ibis occasion, admit them fo the fulles 
extent. Andwhalislhereuultf Soutboiii gee 



THE FIEST MISSOUEI STRUGGLE. W 

tlemen, by their superor liberality in contfibu- 

'^— '- moral institutions, juatly aiand in the 

, and hold the first place hi the brightest 

the history of our conntry. But, turn 

page, and what do yon behold 1 You 

lem contributing lo teach the doctrines 

of Christianity ui overv guarter of the elobe. 
You heboid thoai legislaline to secure the Ig- 
norance nnd stupidity of their own slaves i You 
heboid them, prescribing, by law, penalties 
agunat the man that dares teach a negro to read. 
'--■- '- "-- itatnto law of the State of Virginia. 
Lud Mr. Tyler said that there was 



}U, I n 



Ko, as 



\t. Tylei 
such law in Vireinia.] 

id Mr.T.,lhnve mis-epoken myaelf; 1 
have aaid, anch is the statute law of Iho 
Georgia. Yea, while we hear of a 
■ which civilizea the savages of all 

I, and carries the gospel alike to the 

Holtentoi and tbe Hindoo, it baa boon reserved 
for the republican Slate of Georgia, not content 
with the care of its overseers, lo legislate lo ae- 
cure tiie oppreauon and the ignorance of th^ 
slaves. The man who there teaches a negro to 
read, is liable to a criminal prosecution. The 
dark, benighted beings of all creation profit by 
our liberality — save those of our own plantations. 
Where ia the missionary who poaeeaaea anffic'ent 
hardihood to venture a residence to teach the 
slaves of'bplaDtationl Hero is the stn Here 
ia tbe stigma I which fastens upon th charac cr 
of our country ; and which, in the appropna e 
language of the gentleman from Ge '"""' 

Cobb,( all the waters of ike ocean ea 
"■' — ''"■' - — ofhlooa can on/^ take 



; ther. 



nother, 



not wiask 
n portant 



^ . __ . subject on 

considered. Wa have boon told by those who 
advocate the extension of Slavery into the Mia- 
aouri, that any attempt to control this su1)ject by 
legation, ia a violatUm of that faith and mu- 
tiSi confidence upon which our Union was 
formed, and oar Constitution adopted. This ar- 
gument might he considered plausible, if the 
rcslriction was attempted to be enforced against 
any of Ihe alavebolding Slates, which had been a 
party in the adoption of the Constitution. But 
It eim have no reference or application lo a new 
diarict of country recently acquired, and never 
conlemplated in the formation of government, 
and not embraced in tiie mutual concessions and 
declared fiiith upon which the Constitution was 
adgpted. The Constitution provides, that ihe 
Bepresenf stives of the several Slates to this 
House shall he according to their uumher, in- 
cluding threejifths of the slaves in the respective 
States. Thia IB an important benefit yielded to 
the alavebolding States, as one of the mutual 
sacrifices for the Union. On this snyeot, I con- 
sider Ihe faith of the Union pledged, and I never 
would attempt coercive manunusaion in a slave, 
holding Slate. 

But Dono of the causes which induced the 
sacrifice of this principle, and which now prodnca 
auch an unequal representation on thia floor, of 
the free population of the eounlry, exist as be- 
tween us and the nowly-acquired Territory 
across Iho Mississippi. That portion of country 
has no claima to anch an nnequal representation, 
unjust in its results upon the other Statoa. Aia 
the num^MUS slaves in exlensive countries, which 
wo may acquire by purchase, and admit aa States 
into the Union, at once td be represented on thia 
floor, under a clanse of the Constitution, granted 
as a compromiae and a benefit to tho southern 
States which bad Iwrne part m Iho Eevolulioa 1 
Such an eitonaion of that clause in the Constitu- 
. in its operations, unequal ia 



its reaulla, and a vio 
pohtical consequent 



wGoogle 



IS 



THE STRUGGLE FOR SLAVERY EESTEICTION. 



Ibis clause ot tho Conetitution, domonstraie the 
importance of the propeaed amendment. 

Sir, I shall bow in silence to ttie will of the 
inaiofitT, i>n whioliever side it shall he eipreseed : 
j-er I coaedenlly hope thnt majority will be 
found on the side of an amendment, so replete 
with morid consequences, so pregnant with im- 
portant political resnlts. 

Mr. Scott, of Misaouri, said, he trusted 
thai hia cooduet, daring the whole of the time 
in which he bad the honor of a seat in the House, 
had coQTinced gentlemen of his diaposition not 
to ohtrudo his sentiments on any other subjects 






n that expressly (jivi 



than 



n which the ii 



■est of hi 



en ted. ii 



end menfa proposed by the gentle 
1 from Now York (MeBBrs. Tallmadge ani 
flor), was presented ''— ■'' — '■"" '" 






e of tl 



Territory, portening deatrnction to the liberties 
of that people, directly bearioEon tb^r rights of 
property, Uieir state rights, thoit ail, be should 
consider it as a dereliction of his duty, as retreat- 
ing from his p^st, nay, doable criminality, did 
he not raise hia voice against their adoption. 
After the many able and luminous views that 
had been taken ot this subject, by tlje apeatte 
the House, and other honorable gentlemen 
had not the vanity to anppose that any additi 
■views which he could olfer or any new dre( 
whieh he could clothe tboae already odvan 
would have the bappy lendcnoy of inducing 
gentleman to change his vote. But, if he ai 

help him, yet, while tlie laws of the Land and~the 
rules of the House gnarantoed to him the privi- 
lege of speecb, ha would redeem hia conscience 
ftom the imputation of having silently witneased 
B. violation of the Constitution of his country, 
and an intrtngeincnt on tho liberties of the. 
people who bM intrusted to bis feeble abilities 
tbe advocation of thfdr rights, p ■ ■ ■ 
this early stage of hia remarks, in 
the citiiens of Missouri Territory, whose rights 
on other subjects had been too long neglected 
and abamefully disregarded, to enter his solemn 
prot^t agunst the mtieduction, nnder tho in- 
udlous fgrm of amendment, of any principle in 
this bill, the hbvious tendency of which Would 
bo to sow the seeds of dieoom in, and perhaps 
eventually endanger the Union. 

Mr. S. entertiuued the opinioH. that, under the 
Constitution, Congress bait not the power to 
pose this, or any other restriction, or to reqi 
of the people of Miasonri their assent to this v 
ditiou, as a pre^reqnisite to their admission i 
the Union. He contended this from the language 
of the Cons^tution itself, from the practice - ■'■'■ 
admisMon of now States under that iuatr 
and from the eipress terms of the treaty 
Mon. The short view t ' ' ■ ' -- ■ 
those points would, be tri 
all those who were not so 
as to sacrifice to ita attnii 



Stale Constitution, and over nhtch 
luperintendmg control, other 
"^-"0 in (he fourth section of 

_ _ read, -'the United Statea 

ihoil guarantee to every State in this Union a 
repnblican form of government" This end ac- 
complished, the gaardianBhip of the United 
States overtheConstiJntions of the seveM States 
wos fulfilled i and all restriotiona. IhnitatJons and 
beyond this, was so much power nn- 
wHrrantably assumed. In illustration of this 
position, ho would read an extract from one ot 
the essays written by the late President Madison, 
contemporaneously with the Constitution ot the 
United Slatea, and from a very celebrated work : 
■ In a confederacy founded on repnblican ptin- 
iplee, and composed ot republican members, 
the Buperintendmg government ought clearly to 
possess authority to defend the aystem against 
arietoeratio or monorcLical innovationa. The 
lore intimate the nature of such an Union may 
le, the greater interest have the members in the 
lolilical institutions of each other, and tho greater 
ight to inaiat that the foima of government un- 
ler whidi the compact was entered into, ebould 
le substantially mamtainod. But this authority 
i^enda no further than to a guarantee of a re- 
publican farm of government, which snpposes a 

be guaranteed. Aa long, therefore, as the ei- 
isting republican forms are continued by tho 
States, they are guaranteed by the Federal Con- 
etitulinn. Whenever the States may choose to 

that they shnll not exchange repnblicaii 
for anti-republican Constitutions { a restrielion 
which, it ia preaumed, will hardly he considered 

Mr. S. thought that those two clausee, when 
supported by.Buoh high authority, had they been 
the only ones in the Constitution which related 
to tlie powers ot the general government over 
the Statea, and particularly at their formation and 
adoption into the Union, could not but be 












prostrating the rights a 



ended to take of 

idenoe of a 

eSmericafviewB of policy or expediency. 

The authority to admit new States into iheUaiun 
was granted in tho third section of the fourth ar- 
ticle of the Coustitution. which declared that 
'■ new States my be admitted by tho Congreas 
into the Union." Tho only power given to tlie 
Congress by ' this seotien appearedT to him to 
be, that of passing a law for Ibe admission ot 



ifer, that beyond all doubt, to 

his mind, settled the qaestiau. One of those was 
tho tenth article in the amendments, which awd 
that " the powers not delegated to the United 
Statea by the Constitution, nor prohibited by it 
to the States, are reserved lo the States respec- 
tively or to the people." He believed that, by 
common law, and common nenge, all grniita giv- 
ing certain defined and spccmo privileges, or 
powers, were to be so construed as that no others 
should be intended to be given but such as wero 
particularly enumerated in the instruments them- 
BOlvea.or indispensably necessary to carry into 
effect those designated. Inno pMlottlie Conati- 

in so many words, or by any juatifluble or fair 
inferenoe.i nor in any portion of Ihe Constitution 
was the right prohibited to the respective States, 
to regulate their own internal porico,ot admitting 
such citizens as they pleoaed, or of introducing 
any description ot property, lliat they should cu«- 
sider as eaaenlial or neoeasary to their pruaperityi 
and the framera of that inatruniBnt seem to have 
been loalous leaf, by impUoation or by inference, 
poweramightbe assumed by the general govern- 
ment over the states and people, oiI>er thou those 
Bipressly given ; hence they reserve in so many 
terms to the states, and the people, all powers not 
delegated to the federal government. The ninth 
artide of tho amendniente to the Constitution 
still fariher illustrated Ihe position ho had token; 
itread,ihat '■the enumeration in the Co latittttion 



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THE FIRST JOSSOCRI STRUGGLE. 



dispan 






_ ^ — rule of interpretation, 

)n of powers delegated to Con- 

greea weakened their autliurlty in all coeee not 
enumerated ; aod that beyond tliose pawon enu- 
merated Ihoy had none, except they were eeaen- 
tially necegsHj to carry into effect thosa that 
were given. The aecoud eeotion o( ihs fbnrth 
article of the Conttitulion, which declared that 
" the citizens of each State eball be entitled to alt 
vilogeB and immuniti 






iry, to bis judg 



forming a part of one hannoniouB whole, ehonld 
have, in tilt things, eQualpHEifsgesf thenoceasary 
conaequcnopB of which was, that every man, in 
hifl own Stale, ahonld have the eame rights, privi- 
icgCB, and powera, that any other clliien of (he 
United gtatea had in hia own ^tate; otherwtae dis- 
content and murmurings would prev^l a^inet 
the ^neral govecamGnt who bad deprived bira 
of this equality, 

l-'or example, if the citizens of Pennsylvania, 
or Vii^inia, enjoyed the right, in their own Slate, 
to decide the question whether tliey would have 
Slavery or not, the oltiiena of Miesonri, to give 
them the same privileges, muat have the same 
r^ht to detade whether they would or would not 
tolerate Slavery in their tjlate ; if it were other- 
niae, tbeit the citiieoa of Venngylvauia and 

Vii^nia would have more rights, , 

nnd powers in then- ceapeotivo States, 
the oitijena of Missouri would have in tneirs. 
Mr. 8. said he would make anotlier ijuotation 
from the aame work he had before been indebted 
to, which he believed had con&iderable bearing 
on Ibis queation. "The powers delegated 
by the propOBed constitntiou, to (he federal gov- 
ernment, are few and defined ; those which are to 
ranain in the Stale (Soveriiments, are numerous 
and indednile : the former wilt bo exercised prin- 
cipally on extern*! olijectB, aa war, peace, nego- 
tiation, and foreign commerce, with wbicb last 
the powers of taxation will, for the moat part, be 
connected. The pewers reserved to the several 
Slates wiU extend to all the objects, which in the 



The appl^hility uf this d 
would not detain Ibe Ho 



OBperity of the St 
•nne to the que 
I obvious, tha 



toon. He would, tiowi 
ence to the Conaljtution, before be proceeded to 
apeak of the practice under it ; in tbe second sec- 
tmn of that instrument it was provided, that 
" rBpresentativee, and direct taxea, shall be nf- 

Krtioned among the several States which may 
included within this Cnion, according to their 
respective numbers, which shall l>e detennined 
by adding Ut the whole number of free persona, 
including those bound to service for a term of 
years, and excluding Indians not taxed, three* 
tiltha of oil oiber persons." This provision was 
not restricted (•> tbe States then formed, and about 
to adopt the Coustitation ; but to all those Stateii 
which migkl be included within this Ui 
■ ■JaatheadmiaaionofnewSl 

I tbom, also. 



thee 



sr of eompromise. It was to be lii 
application to the original States only, 
ana nuL u> be extended to all those States that 
might afler its adoption become members of the 
FMeral Onion i and a practical exposition bad 
been made by Congress of this part of the Consli- 
tutiun, ill tha admission of Kentucky, Loui«anB, 



Mr, S. believed, that the praclice under the 
Constitution had been different from that now 
contended for by gentlemen ; he was unapprised 
of any aunilar provision havioB ever been made, 
or attempted to be made, in relation to any other 
new State heretofore admitted. ITie argument 
drawn fiTim the Slates formed out of the Territory 
northwest of the river Ohio, he did not consider 
as analogous ; that reatriofion, if any, wua im- 
posed in pursuance of a compact, and only, so 
tar aa Congress could do, earned into effect tha 
disposition ofVirginiaiu reference to a portot 
her own original Territory, and was, in every 



any, 



3 that p 
the world at a time whe 
lents were formed wltbi 
uutry ; and tbe children of thog 
>r l>etonging to lh& inhabit 
on, end still were, held In 
free at a 0ven age, as wsi 



idage. 
siderulioa, 
ISlSTof th^ 



plated by 

any of those States 
otdmance of '87, to 
alter their constitution as to allow the introduc- 
tion of Slaves, if they thought proper to do so. 
To those gentlemen who had in their argument,' 
in support of the amendmonte, adverted to the 
;_,. ...1 Congress had, by the law author- 

lerdsed tt 



izing the b 

if imposing the tenu 
-hay should be perm 



in TbTeh 
ould re- 



United States, when, he donbted not, they would 
be convinced that these restrictions were only 
sucb as were in express and positive language 
defined in the latter instrument, and would have 
been equally binding on the peojile of Louisiana 
bad Ih^ not been enumerated m the law giving 
them authority to form a constitution for them- 



rit6ry sli 






abitants of tl 
rated ii 



Unioi 






the Unite . , 
sihle, according to the principles of the Federal 
Constitution^ to the ei^oyment of all the rights, 
advantagee, and immuniliea of citizens ot the 
United Stated, and, in tbe mean tin^e, they shall 
be maintained and protected in the fi'ee enjoy- 
ment of their liberty, property, and the rehgioo 
which they profess." 

This treaty having been made by tbe compe- 
tent authority of government, ratified by tbe Sen- 
ate, and emphatically sancUoned by Congress in 
the acts making appropriations to carry it into 
effect, became a part ot the supreme law of tbe 
land, and Its bearings on the riguts of the people 
had received a practical exposition by the ad- 
mission of the State of Louisiana, part uf the 
same Territory, and acquired bv the same treaty 
of cession, iuto the Umon. It wss in vain for 
gentlemen to tell him that, by the terms of tbe 
treaty of ceanion, the United States vera not 
bcuiid to admit any part of tbe ceded 'I'erritory 
into the Union as a State i the evidence of the 
obligation Congress considered they were under, 
tu auopt States formed out of that. Territory, is 



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18 



THE STEUGGLE FOR SLAVESY EESTHICTIOJT. 



of Ihe government 1o do eo iTOuW not 
Hrparout to him. '■ The inbabitauta of 
Territory . - - .- 



:it bo Che leas 

_.. _... taof Ihe Hided 

Territory phdli he incorporated in the Union of 
the Dnited Blates." The people were not left to 
the waywncd diBcrelion of this, or any other gOT- 
emmeiit, by Bayuig tliat they may 4e incorporated 
in the Union. The Inngnug^o woe different and 
imperative: "thev akaU be incorporated." Mr. 
8<™tt onijeratood uy tho term incorporated, that 
tfley were lo form a conatitueut part of Ihia ro- 
pnbliB ; that ihoy were to become joint partners 
in the character and councils of tho coontry, and 
In tUe national lofises and nnfional gmna ; as a 
Territory they were not on eesential port of the 
eoveiTiment ; they wore a more province, Bubjoet 
to the acts and togqiatiolie of the general govera- 
mont in all oases whateoevcr. As a Territory 
thoy had not all the rigkti, advaniagei and im- 
taunitien of oitizena of the United States. Mr. 
8: himself fnrnished an example, that, in Ibeir 
present condition, Ihey bad not all the rights of 
the other citizens of (be Union. Had he a vote 
in this Houso? and yol these people were, during 
the wa^, suluecl to certain toscs inipOBed by Con- 

£OBB. Had those people any voice to give in the 
[position of tasee to which they were enhjeet, 
Or in the dispo^tion of the funds of the nation, 
and particularly those arising from the sales of 
the public lunde to which they already had, and 
still would lai^ty contribute I Had they a 
voice to give in sBleoting the officers of litis gov- 

what had ttiey equal rtghtt, advantage/, and im- 
fltunu::f« with the other cUizeDB of the United 
Stales, but in the pivilege to submit to a pi'o- 
orastinalion of their nghts, and in the advantoge 

and jour powers, even without aheaiing 1 Those 
people were also " to be admitted into tho Un' 
as soon as pOBBihle." Mr. Scott would infer fr . . 
this exprcBsion, that it was the nnderstimdiHg of 
the pai-ticB, that so soon as any portion of the 
Temtory, of sufflcient eitent to form a State, 
should contain the number of inhabitants requii- 
ed by law to entitle them to a representative on 
the floor of Ibis House, that they then had the 
Tight fo make the call for admisBion, . ~ 

tbat gcntlomen inight deem eipedif 
conditions referable to future pofttiea 
an condiUons Ihat Ihe conslltatjan the people 
should form should contain a cJause Ihat wonid 
parlicniariy open the door tor emigration from 
the North lit frcaQ the South, neton condition that 
the future popnhition of Ihe State Bhoold como 
from a slaveheldiDg or Bon-slaveholding State, 
" but according to the prtneiplei of the Federal 
Conatitntion'' and none other. The people of 
Missouri were, by solemn treaty stipulation, when 
admitted, to enjoy all the righia, advaDlascs, and 
: ;.;„ ^^ .^^.f.,^ „f ^,3 u„ited glates. Can 

riBTOu 
and in 
of tbe Union! Have 
not other now Slutea. in their admission, and 
have not all the Stales in tbo Union, now, privi- 
leges and rights beyond whst was coutem^ated 
to bo allowed to the citizens of Missouri 7 Have 
not all olbcpSlates in this government (ho right 
to alter, modify, amend, and ehsngo their ■'-'- 
constitntions, having regard alone toa repnb 
form ? dnd was there any esisting law, 01 
clause in the Federal Conslitntion, that prohibit- 
ed a total change from a slaveholding to a non- 
siaveholding State, or from a nou-slavcholdingto 
BsiaveholdingStafe) Mr. Scolt thought, that if 
this provision was proper, or wilLIn the powers 
of Cocgreas, th^ also had the eorrelsdve right 
toaaj, that the people of Missouri ehonld not oe 
admitted as a state, unless they provided, in tho 



formation of their stale oonstitulion, that Slaverj 
should be tolerated. Would not (hose conscieii' 
■ lUH gentlemen Btarile at this, and esclmm, JrAoi, 
ipose on those people slaves, when they do npt 
want them 7 This would be sud to be a direct 
attack on the State independence. Was it in the 
-iwei' of Congi'esa (0 annex the present condi- 
- *' Seott deemed it oqunlly within the scope 



nunlity of properly each man should rotnin, 
going upon the i^rariaa principle. He would 
go further, and say, that CongresB had an 



the Umon, to come in on an equal footing with 
ordinal States. That the people of the oliier 
tos had Ibe ri^ht to regulate their own intei'iio! 
ice, to preaenbe the rules of their own eondoiit, 
1, in the formation of their obofllitulions, to 

say whether Slavery was or was not admissible, 

■-- believed was a pointconceded by all. How, 
in, weie tho citizens of Missouri placed on an 

cqnsl fooling with the other members of the 

Union! Equal i: 



discriminntioQ in ofbere. A diaGrimination not 
warranted by the Constitnllon, nor justified by 
the treaty of cession, but founded on mistaken 
zeai, or erroneous poUcy. They nere lo be 
bound down by or -•'"= — i:.-:.~.!™- 



„. .p Bir own happi- 

noBS and future prosperity on the legitimote exer- 
cise of their own judgment and free will. Mr. 
Seott pi'oleBted against euoh a guardianship as 
was eontemplalGd now to bo assumed over his 
constituents. The spirit of freedom burned in 
th& bOEoms of the freemen of Missouri, and if 
adoiilled into the uatioiial family, they would be 
equal, or not oome in at all. With what an anxi- 
ous eye have they looked to the east, since the 
commencement of this session of Congrcsa, for 
the good tidings. Ihat on them you hod conl^rrcd 
the glorions privilege of seif-goveriunent, aud 
independenoe. What seeds of discord will you 
sow, when Ihey read this suspidous, shameful, 
unconatitnUonal inhibition in their charter! 
Will they not compare it with the terms of the 
treaty of eesBioo, that liiil of their ri^hla, emphatic- 
ally their magna chaifa! And will not the re- 
Bult of that comparison be a stigma on the taith 
of this government! It had been admitted by 
some gentlemen, in debate, that, were the people 
of HisEonri to form a constitntion confoiming to 
Ihia provision, so soon as they were adopted into 
the Union it would be competent for them to call 
a convention and alter their conalitntlon on this 
subject. Why, thea, he would ask gentlomen, 
would they legiBlate, when they eonld produce 
no pennanent, practical effect! Why ospose 
the inibecility of the general government, to tie 
up the hands of the State, andinduco the people 
to an act of chicanery, which he knew Irom prin- 
ciple they abhoired, to get clear of an odious re- 
striction on their righte! Mr. Seott had trusted 
Ihnt gentlemen who professed to be actuated by 

courage a courae of disaimalation, or, by any 

rights. He was unwilling to Wiovo, Ihat politi- 
' cal views alone led gentlemen on this or any 
olher occnaion; but, from the language of tlw 



wGoogle 



TEE FIRST MISSOURI STRUGGLE. 



!• 



tnembof ftom Hew-Torfc (Mr. Tuvlor), he wns 
compellGd to suHpotttboHheyhnd their influence 
upou him. . That gentleman Las told, ua, that if 
ever he left liis preaeot resideBoe. it would bo for 
Illinois or Hisaonri ; at all events, lie wiahed to 
aend otit hia brothers and his sons. Mr. Scott 
beeped that gentleman to relieve him froiD the 
Bwtul apprehension eseitod by the prospect o( 
this awesfflon of population. He hoped the 
Honse would eicnse him while he slated, that he 
did not desire tliB,t gentleman, hia sona, or his 
brothera, in that land of hrave, noble, and inde- 

iiondent freemen. The member eaya that the 
atitude is too far north to admit of Slavery there.. 
Would the gentleman cnat hie eje oa the map 
before him, he would there aes, that a part of 
Kentucky, Virginia, and Maryland, -were as for 
— -"- is the northam bonDdary of the proposed 
-' Missouri. Mr. Soott wonld thank the 
L if he would condeaoeod to loll him 
what precise line of latitude suited his conaeionce, 
his hnmanity, or his political views, on this sub- 
ject. Could that member be aorious, when he 
made the parBliel of latitude the meaaure of hia 
goodwill lothOBOunfottunate blacks? Orwaa 
hatiyiiighow fiir he could go in fiillncioue argu- 
ment flJid absurdity, without creating one blush 
even on hieowu cheek, for iDConaiatencyt What, 
starve tho n^roes out, pen Ibem up in the 
ewampa and moraeees, eonlinB them to soutbem 
latitudea, 1o long, scorching daya of labor and 
fatigue, until the race becomes eitinct, that the 
'-■- '--a of Missouri may be tenanted by that 
'* ' hers, and sons? llo ex- 
. jrity of the House a more 
reral pohey, and ijetler evidence that tbcy 



Slate of Miss 






they suppose that the aouthem Stales would suV 
mitwiln patience to a measure tho effect of whick 
would be to exclude them from all enjoyment ot 
the vast region ym-chnaed by the 0mled Stoiet 
beyond the Mississippi, and which belonged 
equally to them aa (ollie Qortbein Stafes J II* 
ventui-ed to assure them Ihnt they would not 
Tho people of the slaeeholding Slates, ae they 
are called, ino» ibeir rights, and will tntiir 
upon the enjoyment of tbem. He should not aov. 
attempt to go over ground already occupied by 
others, with much more ability, and attempt tn 
show that, by the treaty witb tVanco, tho peoplv 
of that Territory were secured in Iho enjoymout 
of !be property which they held in th«F alavei. 
That the propoaad amendment whs nn infraction 
of this treaty, had been moat clearly shown. Kor 
wonld he attempt to rescue from slander the 
character of the people of the aoathern States, ia 
their conduct towards, and treatment of, thdt 
black population. That had also been don* 
with a degree of force end eloquence, to' which 
be conld pretend no clium, by the gcotleinaa 
from Vii^inia (Mr. Barbour), and the honorable 
speaker. Ho was, bowover, clearly of opinion 
Congresspoesessei no pomer uaJer tlK Con- 



; he thanked them ii 



a two-edged 

sword. From tlie cumulative nature ot power, 
fiie day might come when the general govern, 
ment might, in turn, nndei'take fo diotate to (Aem 
on quostioiia,Of internal policy; Missouri, now 
weak and feeble, whose faie and murmurs would 
eicite but little alarm or aenaibility, might be- 
come an easy viclim to motivea of policy, parly 
aeal, ormisttikeQ ideas of power; bat oth" 
and other men would succeed ; a fnlureC 

might come, who, under the sanctified fc _ 

conatitutional power, would dictate to Ihem oi^ous 
conditions ; nay, inflict on thdr internal independ- 
ence a wound more deep and dreadful than oven 
this til Missouri. The Uouae had seen the force 
of pi'ecedoDt, in the mistaken appliootion of the 
conditions imposed on (be people of Louisiana 
anterior to their admission inm the Union. And, 
wbateyer might be the ultimate determination ot 
the House, Mr. S. considered this question big 
with the fate of CKsar and of Rome. 

Mr. OoBB, of Georgia, observed tliat 
did not riso for the purpose of detaining the — 
tentioii of tho House for any length of time. He 
was too sensible of the importance of each ~ ~ 
ment which yet remiuned of tho session to 
trudti many remarks upon 

duty to expreaa hia sentiments, and . . .. _. 
moat solemn protest against the principle propoa- 
od for adoption by the amendnient. Were gen- 
tlemen aware of what they were about lo do I 
Did they foresee no evil consequenoea likely lo 
result out of tho measure if adopted 1 Could 



!OB"to attopt (he principle proposed in Ihe 
Jment. He called upon the advooateaof it 
to point out, and lay tboirnnger upon that 



amendment. He called upon the advo 

to point out, andlaytboir nngerupoQ 1-. . . 

of tho Cousiitution of the United States, which 

^ves Id this body the rigkt to legislate upon thf 

jubject Could (hey show ui what clttuae or aee 

lionlhifi right was exprenly gii>ett,or tromwhicii 

■' — Id be inferred I Dnl^this authority coalil 

own, l^ongresswould be ataamiu^ a power, 

if the amendment prevailed, not delegated lo 

'■•em, and moat dangerous in iia exercise. What 

tho end and tendenoy of liie measure propoaedt 

ia to impose on the btate of Missouri condilionn 

it imposed upon any oUier State. It is to de 

privo lier of one branch of aovercignty not aur 

rendered by any other State in the Union, not 

even those beyond tho Ohio -, for all of them had 

Sislaled upon this subject ; all of them bad de- 
ed for themselves whether Slavery should be 
tolerated, at the time tbey fruned their several 
constitntiona. He would not now diacuaa the 
propriety of admitting Slavery. It ia not now a 
onestiort whether it is politic or impolitic lo tnlo 
-ery in the United Ijtates, or ii 



lar State. It. was a discnssioii into which bs 
would not permit Uimaelf lo hedra^ed. Admit. 

!ver, its ' -' '•' ■ *' 

differei 



however, its 






oral impropriety ; yet there was 
> between mocid impropriety and 
signty. The people of Kew lork 



__ Pennsylvania may deem it highly ii 

and politically improper to permit Slavery, but 
yet iJiey possess me sovereisn right and^pmeer 
to permit it, if they choose. They can to-morrow 
so alter their conslitutians and laws as to admit it, 
if they were so disposed. It ia a branch of sore 
roignty which tbe'eld Tlurteeu States never sur 
render in the adoption of the Federal ConstitU' 
tion. Now, the bill propoaes that the new State 
shall be admitted upon an egualfBoeiag with the 
other states of the Union. It is m this way only 
Ihat she can be admitted under the Constitution 
These words can have no other meanmg thaii 
that she shall be required to surrender no mart 
of her rights of sovereignly than the other Slates, 
into a union witb which she is about io be ad- 
mitted, have anrrendered. But if the proposed 
amendment is adopted, will not Ibis new Slate bo 
iAwTi o/DJMbrandi ofhersovereienty, imerig-Ai, 
which ihe other Stales raay aadhave eiercised, 
(whether properly or not, is immalerialj and dr 
liow eiereiae whenever tbey think fit 1 

Mr. C. observed, that he did conctavo the prin- 
ciple involved in Ite amendment pr^naut with 
danger. It waa one, ho repeated, to which he 
behoved the people of the region of coj^'Sr 



wGoogle 



THE STRUGGLE FOR SLATEEY RESTRICTION. 



which he represented wmiM not quietly submit. 
He might, perhaps, enhject himself to ridicule, 
for attempting the diaploj of a spirit of prophecy 
Vfaicb lie did not poaseas, or of zeal and enthnsi- 
osm for wliich he vaa entitled to tittle credit 
Bat be warned the advocates of this measure 
nenin.~t the certain etfeofa which it mnst produce. 
£fibct3 destmnlive of the peace and hsnaony of 
ttie Onion. He believed Ihatthef werekindlins 
■■ " of the ocean could 



ritory ceded to the Uni 
ecG<mls with ibe dictates of reaBon..and the beet 
fceJinjfs of the human heart ; and ia not calcnlo- 
tedtointerrupt anj legitimate right ariaing either 
from the Constitution or any other compacL I 
propose to ahow what Slavery is, and to mention 
s lea of the many evila which fallow in its train ; 

tolerate Uie exlatonce of so disgraceful a atate of 
thiugs beyond its present estent, and that it 
would be impolitic and very unjuat, to let it 
spread over the whole face of our Weatem Ter- 
ritory, Sliveiy in the United States, Is the oon- 
dition of man subjected to the will of a master, 
who con mHke any diaposition of him short of 
taking away hia iife. In those States where it la 
tolorntsd, laws are enacted, making it penal to in- 
struct slaves in the art of reading, and they are 
not permitted to attend public worship, or to hear 
the gospel preaolied. Thus, the light of science 

mind, that tbe body may be more easily bowed 
down to servitude. The bodies of alavea may, 
with impunity, be prostituted to any purpose, 
and deformed in any manner by Iheir ownera. 
The symp.ithies of nature in slaves are disre- 
garded: mothers and children are sold and 
separated ; the children wring thdr little hands, 
and expire in agoniea of srief, while the bereft 
mothers commit suicide, in despair. How long 
will the deaire of wealth render us blind to the 
ain of holding both the bodies and souls of our 
fellnw-mcn in oh^ns I But, sir, I am admonished 
of the Conatitntioa, and told we cannot emanci- 



tent of involun- 



aort for a 



emancipate alava. The proposition before as 
sees only to prevent our citizens fi-om making 
-'--■3aof £■-■- ~ ■ = -'-* '- ' — '-- ■- 



right to freedom. Id ' 



sion, that Slavery is an ill. tolerated onlr from 
Decessity, lei us cot, while we feel that ill, ahun 
the cure, which consists only in an honest avowal 
that liberty and equal rights are the end and aim 
of all our institutiong, and (bat to tolerate 
Slavery beyond the nairoweet Kmits presotibed 
for it by the Constitution, is a pervereion of 
them all. 

Slavery, su-, I repeat, is nol established by our 
Constitution ; but a part of the States are indulged 
in the commission of a sin from which they could 
not at once be reatriuced. and which they would 
not consent to abandon. Bnl, sir, if we could, 
by any prt.cess of reasoning, he brought to be- 
lieve it justifiable to hold others to iDvolnntary 
servitude, policy forbida that wc should increasf 
it. Even the present slaveholding States have ox 
interest, I think, in limif'- - ■'- - -'-' -' '— '- 
tary servitude! for, she 
more namorous, and, oonscioua of the 
draw the sword againat thdr mustera, 
to the free States the masters mnat re 
efficient power to aupprtss servile inamrection. 
But wa have made a treaty with France, which, 
we are told, can only be preaerred by the charmB 
of Slavery. 

Sir, said Mr L., undl the ceded Territory shall 
have tieen made into States, and the new 
States admitted into the Union, we can do what 
we will with ii We can govern it aa a province, 
or sell it to any other nation. A part of it is 
probably at this time sold to Spain, and the ia- 

forts of Slavery, hut the bleaeinga of the hul^ in- 
quiBilion along with them- The question is on 
the admission of Missouri, as a State, into the 
Union. Surely it will not be contended that we 
are bound by the b^aty to admit it The treaty- 
making power does not citend so fur. Can the 
President and Senate, by a treaty with Great 
Britain, make the province of Lower Canada a 
State of this Union ? To be received m a State 
into this Union, is a privilege which no country 
can claim as a right. It is a favor to be granted 
or not, as the United States may choose. When 
the United States think proper to grant a tavor, 
tbey mayannes just and reasonaWe terms; and 
what can he more reasonable than for these States 
to insiat that a new Territory, wbbing to have 
the benefits of freedom eilended to it, should re- 
nouDce a principle that militatee with justice, 
morality, rel^ion, and every essential right of 
mankind! Loaisiana was admitted into the 
Union nn terms. The Conditions. I admit, were 
' ^-e the 



it 1 but do not, for the sake of cotton and tobacco, 
let it be told to future ages that, while pretend- 
ing to love liberty, we have purchased an eiten- 
aive country, to disgrace it with the tbulest re- 
proach of nations'. Our Constitution requires no 
such thing of ua. The ends for which that su- 

Sreme law was made, are succinctly stated in 
a preface. They are first to form a more per- 
feet Union, and insure domestic trani^uillity. 
Will Slavery efiect thia ' Can we, sir , by mingling 
liond with fi'ee. black spirits with white, like 
Shakespeare's wltchea in Uacbeth. tbrm a more 
perfect Union, and insure domestic iranquiliity T 
Secondly, to establish jastioe- Is justice to be 
established by subjecting half mwikind to th^ 
will of the other half! Jnatico. sir. is blind to 
colors, and weighs in equal scales tha righta of 
all men, whether white or black.. Thirdly, to 

rrovide for the common defense, and secnre the 
lessinga of liberty. Does Slavery add anything 
to the common defense T Sic. the strength of a 
IHWhlic ta in the arm of freedom. But. above 
all things, do the blessings of liberty consist in 
Elavery ? If there is any sincerity in cur profes- 






mtb ot a ; 



which sits heavily on the soul of e 
us. By embracing this opportunity, we may re- 
trieve the national character, and, in some degree, 
ourown. But if we sufi'er it to pass unimproved, 
let us at lea«t be consistent, and declare that our 
Constitution was made to impose Slavery, and 
not to establish libeity. Let ns no longer tell 
idle talea about the gradaal abolition of Slavery ; 
away with colonization aocielies, if their de- 
sign is only to rid ua of free blacks and tur- 
bulent slaves; have done also with bible so- 
cietiea, whose views are extended to Africa and 
the East Indies, while they overlook the deplora- 
ble condition of their sable brethren within our 
own borders ; make no more laws to proliibit the 
importaliou of slaves, for the wortd must sec that 
tlie object of auch laws ia alone to prevent the 
elattiug of a prodigious market for tlie fiesh and 
blood of man, -which we are about to establish in 
the West, and t» enhance the price of sturdy 
wretches, reared, like black cattle and horses, fi>r 



wGoogle 



THE SECOND MISSOUBI STRUGGLE. 



21 



The House Mil thas passed, reached the 
Senate, Feb. nth, when it was read twice 
and sent to a Select Committee already 
raised on a like application from Alabacaa, 
consisting of 

Messrs. Tiut of Oa,. Morrow of Ohio, Williams 
ol Misa., Edwarda ot III., Williams of Teno. 

On the 22Qd,Mr. Tait, from this Commit- 
tee, reported tbe bill with amendmenta, sttlk- 
out tbe anti-slavery reatrictioiia inserted by 
the House. Tbis bill was taken np in Com- 
mittee of the Whole on the 27lh, when Mr. 
Wilson of N. J. Djoved its postponement to 
the 5th of Marcb — that is, to the end of the 
session — negatived : Yeas 14 ; Nays 23. 

The Senate then proceeded to vote on 
agreeinif to the amendments reported by the 
Select Committee, viz. ; 1. to strike out of the 
House bill the following : 

" And that all children of Blavee bom nithlu. 
the said State, after the admiaBion thoroof into 
fhe Union, aball be free, but may be held to aer- 
vioe nntil the age of twenty-ono yearB." 

Which was stripfeen out by the following 

YEAS — Against tlie Restrktioa,: 
UeasTB. Barbour of Vb Leake of Miea. 
Crittenden of Ky. Macon of N. C. 
Daggett of CoQii. Otjs of Haas. 
Eaton of Teun. Palmer of Vt. 
Edn-acda of IlL Itoberla of Penn. 
Eppes of Vs. Sitnford of N. Tf. 

Fromentin of La. Tait, of Or. 
Gaillard of 8. C. Talbort of Ky. 
GoldBboroucb Md. Taylor of Itid. 
Horsey of Del Tliomas of III. 
Johnaon of La. Trictienot of Vt. 
Kins of N. Y. Van Dyke of Del. 

Lacook of Pa. Williams of Hiaa. 
Williams of Tenn.— 27. 
HAYS—For Oie Restriction : . 
Heaara. Burrill of B. 1. Horrill of N. H. 

Diekerson of N. J. Noble of Ind, 
Mellai of Haas. Rug^lea of Ohio. 
Wilson of N. J.—T 
The Senate then proceeded to vote on the 
rtMdue of the House Restriction, as follows : 



hibiled, except lor ' . 

whereof the party shall have been dnly oon- 

Tlie vote on this clause was ea follows ; 
YEA S — For striking oat the Reslridim ■• 
Messrs. Barbour of Va. Leake of Miaa. 
Crittenden of Ky. Macon ot N. C. 
Eaton of Tenn. Otisof Moaa. 
Edwarda of lU. Palmer of Vt. 
Eppes of Va. Stokes of N. C. 
Fromentin of La. Talbot of Ga. 
Gaiilard of 8. C. Ttut of Ga. 
Ooldalforongh Ud.Thomag of III. 
Horsey of Del. Van Dyke of Del 
Johnson La. WilUums of Miss. 

Laeook of Pa. WilliamB of Tenn.— K, 

NA YS — Against striking out -■ 

Uessrs. Bnrrill of R. I. Noble of Ind. 

Daggett of Conn. Roberta of Pa. 

Dana of do. Kugglea of Ohio, 

DickoTBon of N. J. SaufordofN. Y. 



KineofN.Y. StorerofN.H. 

Melien of Mass. Tayloroflud. 

Morrill of N.H. . TichonorofVt 
Morrow of Ohio, Wilaon ofN. J.— IB 

The bill thus amended was ordered to be 
engrossed, and was (March 2iid — last day but 
one of the Session) read a third time, and 
passed without a division. The bill was on 
that day returned to the House, and (ho 
amendments of tbe Senate read : whereupon, 
Mr. Taltmadge of N. T. moved that the bill be 
postponed indefinitely. Yeas 69 ; Nays 14, 

(Tbe record shows hardly a vote changed from 
Tea, on the origjoal passage of the Iieatnction,to 
Nay now , but man^ meinbera who voted then 
were now absent or ulent] 

The vote was then taken on c/xxur^lEg a 
the Senate's amendments, as aforesaid, &ai 
the House refused to twncur : Yeas 76 ; 
Nays 78. 

[Hiiidty a vofe ebanged ; but more Member* 



The bill was now returned to the Senate, 
with a message of non-concurrence; when 
Mr. Tdt moved that the Senate adhere to its 
amendment, which was carried without a 
division. The bill being thus remanded to 
the House, Mr. Taylor of N. Y. moved that 
the House adhere to its disagreement, which 
prevailed. Yeas 78 ; Nays 66. So the 
bill fell between the two Houses, and was 



The southern portion of the then Territory 
of Missouri (organized bj separation from 
Louisiana in 1812} was excluded from the 
proposed State of Missouri, and organized as 
a separate Territory, entitled Arkansas. 

The bill treing under consideration, Mr. 
Taylor of N.Y. moved that the foregoing re- 
striction be applied to it also ; and the clause, 
proposing that slaves born therein after the 
passage of this act be free at twenty-five 
yeara of age, was carried (Feb. 17tii) by^ 15 
Yeas lo "IS Nays ; but that providing against 
the larther introducUon of slaves was lost : 
Yeas 70; NaysTl. Thenestday,thecla«s8 
just adopted was stricken out, and the bill 
ultimately passed without any Elusion to 
Slavery. Arkansas of course became a Slave 
Territory aiid ultimately (1836) a Slave 
State. 



A new Congress assembled on the 6th of 
December, 1819. Mr. Clay was again 
chosen Speaker. On the 8th, Mr. Scott, 
delegate from Missouri, moved that the 
memorial of her Territorial Li^islature, a« 
also of several citizens, praying her admis- 
sion into the Union as a State, bo referred to 
a select committee ; carried, and Messrs. 
Scott of Mo., Eobertson of Ky., Terrell of 



.Google 



ti 



THE STRUGGLE FOE SLAVERY RESTRICTION. 



(ia., Strother of Va., and DeWitt of N.T. 
(al! but the last from the alaye n^on), 
were appointed said committee. 

Mr. Strong of N, T. that day gave no- 
tice of B hiil " To prohibit tbo farther esieo- 
sioQ of Slavery in the United States." 

On the 14th, Mr.' Taylor of N. T. moved 
a select committee on thiasnhject, which was 
granted ; and the mover, with Messrs. Liver- 
more of N. H., Barbour (P. P.) of Ta., 
Lowndes of S. C, J'uUer of Mass., Hardin 
of Ky., and Outhbert of Ga., were appointed 
such eommittee. A majority of this com- 
mittee being PrO-Slavery, Mr. Taylor could 
do nothing ; and on the 28th the Committee 
was, on motion, discliai^d from the further 
consideration of the subject. 

On the same day Mr. Taylor moved : 

" That a Committee te irojmiDled with inetrno- 
uOQB to report a bill prohibiting the farther ad- 
mission of Slaves into the Territories of the 
United States west of the river Misaiaaippi.'' 

On motion of Mr. Smith, of Md., this 
Bolve was sent to the Committee of the 
Whole, and made a special order for Jan: 
10th ; but it was not talcen op, and appears 
to have slept the sleep of death. 

In the Senate, the memorial of the Mis- 
sonri Territorial Legislature, asking admis- 
sion as a State, was presented by Mr. Smith 
of S. C, Dec. 29th, and referred to the 
Judiciary Committee, which couaisted of, 

Messrs. Smith of S. C, Leake of Miea., Bnr- 
rill of E. I., Logan of Ky., Otis of Mass. 



The following " Memorial to the Oongregs 
of the UuKed States, on the subject of re- 
strainiug the increase of Slavery in New 
Slaten to be admitted into the Union," in 
i of a vote of the inhabitants of 



r, 1819, 
was drawn up by Daniel Webster, and signed 

Shnnself George Blake, Josiah Quincy, 
mes T Austin, etc. It is inserts here 
instead of the resolves of the various New 
Et^iand Legislatures, as a fnllcr and clearer 
statunCD* of the views of the great body of 
the people of that section during the pen- 
dency (f the Missottri question : 
" MEMORIAL 



ibitants nf Roeton and 



duolion of Slavery into the new Stales in „_ 
ibrmod on tho west aido of the MisaTsaippT Kiver, 
appears to thom- to bo a q^nestion of the ir-' -™ 

Sortouco to tho future welfare of the United 1 
E the progress of tliia great evil is ever 
arrCBtod, it Eccma to tho underaigned that 



oaanot he retraced ; and it appears to as that (ho 
hajipioeBaotuiibammilKonB rests on tho moastite 
which Congiess on this occasion may adopt. 
Considering this as no local question, nor a ques- 
tion to be decided by a temporary espedieacy, 
bat as involving ^rcat inteiests of the whole 
United States, and affecting deeply and essentially 
those otyects of common defense, genorat welfai'e, 
and tho p( — '— '- ■ "■- >•'—■■ — "' >■' — '-■ 

have , , ..,, 

menia and espi'ess onr wisbea to the National 

suggested against prohibiting Slavery m the new 
States, it may perhaps be permitted to ua to state 
our reasons, both for believing that Congreaa 
poeseesos the constitntionai power to make snch 

Srohibition a condition, on the admission of a new 
tale into the Union, and that it is just and proper 
that they should exercise that power. 

■■ And in the first place, as to the constitutional 
anibority of Congress. The Constitntion of the 
United States has declared Uiat 'Congreaa ahall 
have power to dispose of and make all needful 
rules and regulations respecting the territory or 
other property beloagiog to the United Statea: 
and nothing id this CoDStitution shall be bo con- 
strued as to pr^ndico tho claims of Ibe United 
States or of any partioular State.' II ie very weli 
known, that the saving iu tiiis clause of the claims 
of any partioular State, was designed to apply to 
claims by the then eiiaflng States, of territory 
which wna also claimed by (he United Slates as 
their own property. It has, therefore, no beaiiog 
on the present igueetion. The power, thei>, of 
Congress over its own torritoriea, ia, hy the Very 
lei-ma of the Conatitntion. unlimited. It may ma^e 
all ' ueodfnl rulea and regulations,' whith of course 
include all suoh regulations aa its own views of 
policy or eipedieney shall, from time to time, dic- 
tate. If, therefore, m its judgment it be needful 
for the honest of a territory to enact a prohibition 
uf Slavery, it wonld seem to be as mnch wiUiin 
its power of legislation as any other act of local 
policy. I(a soverei^ty being complete and nni- 



the most ample jnriadicUoa in every respect It 
possess^, la (his view, all the auuiority which 
any State li^slatore possesses over its own tei'- 
ritory ; and if any State Legislature may, in its 
discretion, abolish or prohibit Slaven' within its 
own limits, in virtue of its genwal legiBfative 
authority, for tho same reason Congress also may 
exercise the like authority ever its own territories. 
Aod that a State Legialatnre, unless restrained by 

qaeslionable, and has been estahliahed by gonoral 
practice. » * * » ■ 

"The creation of a new State, is, m effect, a 
compact between Congress and the inhabitants 
of the proposed State. Congress would not prob- 
ably clsiai the power of compelling the inha- 
bitants of Misaonti to form a ConatituBon of their 
own, and come into tho Union as a State. ItiaM 
plain, that the inhabitants of that territory have 
no right of admission into the Union, as a State, 
without the consent of Congress. Neither party 
is bound to form this connection. It can he formed 
oniy by (he consent of both. Whatj then, pre- 
vents Congress, as one of the stipulrimg parties, 
to propose its terms ! And i( the other party 






t. has Congress deprived them of any 

i.:...,j .u™, .. —cpatraint, which, 

.. _JritytodoI If 

le not the dieeretion- 

:crciae of a constitutional power, but in all 
an imperative duly, how ia it to be per- 



wGoogle 



THE SECOND JOSSOUEI STEUGGLE. 



formed? If tbe ConHtUution means fiiat Conpress 
shall admit iiuir Stales, doea it menn tliat Con- 
BrcsB shall dn this on every application and under 
nil circumstances 1 Or if this f^oDstruction cannot 

Con^refls muBt in some respects exon^se Its dis- 
cretion on Ibe admission of new States, how is it 
to be shown that tliat discretioD ou^ not he exer- 
cised in regard io this subject as well oe Lu regard 
to others I 

" The Cenetitatian deolu-es, 'Uiatlhemigratian 
or importatiOB of such persons as an; of ibe States 
tunc existiag:, ehall think proper to sdmit, shall 
not be pnjiibited by the Congress, prior to the 
y^ar 1808.' It is most manifest tiiat the Constitu- 
tion' doea contemplate, in the very terms of this 
clause, that Congress possesses the authority to 

Erohibit Ibe laigration or importRtion of slavce4 
>r it limits (ho exerciAe of this authority foi 
specific period of lime, leaving it to its full op««- 
tion ever ancnrard. And Itus power seems n<- 
cesBarily inclnded in the authority which beloni, 
to Congress, ' (o regulate commerce with for«ga 

net'iona and amont; the lersral State>: No p( 

has everdouhted that the prohibition of thpfoi 
slave trade was completely within the authority 
of CoogretB since the year 18U8. Audivbyl Cer- 
tainly only because it is embraced in (he regula 
tion ot foreign commerce; and if so, it may for 
the like reason be prohibited since that period 
between the States. Commerce in slaves, ' — 
the year 18IB, being as much su^ect to the 

iation of Congress as any other - -- 

should see tit to enact tbst no sis 

be sold from one State to anoth. , . 

eeived how its constitutional right to make such 

C vision could be qucBtioned. It would seem to 
too plun to be questioned, tbat Congress dfd 
{ossoss the power, before tbe year 1808, to pro- 
ibit the migration or importation of slaves mto 
the territories (and in point of fact it esereised 
that power] as well as into any new States: and 

lliat its fliitWorifv. ndpv thai vnnp Tni«ht lift i^fl 

fully eici 



any of the old 8 



r import- 
ea. And 

t may prohibit new States from imporOuR 
tlaves, it may surely, as we humbly sabmit. make 
it a conation of the admission of sueh Slates into 
tbe Union, tliat they shall never import them. 
In relation, loo, to its own Territories, Congress 
possesses a more eitensiva anthority, and mny, in 
various other ways, effect the object. It might, 
tiir eiample, make it an express condition of its 
grants of the soil, that its owners shall never hold 
•laves 1 and Ihus prevent (be possession of slaves 
from ever being ooaneoted with Uie ownersbip of 
aiesoil, ^ 

"As corroborative of the views which have 
been already su^jestefl, tbe roemorialiEts would 
icepeoffully call the attention of Congress to the 
history of the national legislation, und " " 

r.j — .= ., _. ^nijg,. ([,g prcsei 

.ng subject Unli 
„ . .,, .. stake, it will demt 

ie of the notion, at every period of its legisli. 
tion, to have been, tbat the prohibition of Slavery 
was no infringement of any jnst rights belon^ng 
(o free States, and was not incompatible with ttie 
iliijoynients of all the rights and immunitiea which 
In admissioa Into tbe Union was supposed 



k the attention of Congress 
to the state of the question of the right of Con- 

?ress to prohibit Slavery in thai part of the former 
ertittirf of Louisiana which now foi'ms the Uis- 
Bonri Territory. Louisiana wan nurchased of 
France by the Treaty of the 31)th April, 1803. 
The third arliclo of that Treaty is as follows : ' The 
iohabifants of the ceded Territory shall bo incor- 
purated int« the Union of the UuLted States, and 



admitled as soon as possible, aeeording to iht 
pmidples of the Federal Conaiiliilioa, to the en- 
joyment of nil the ri^htt, adsontagcs, and im- 
mtniitiet of cititeM ef'the United Stales ; and in 
the mean time they shall be maintained and pro- 
tected in the tree et^oyntent of ibdr liberty, pro- 
perty, and the reliiion irtiioh fhey profeas-' 

" Although Ihe language of this article Is not 
VMy precise or aocnrate, the memorialists con- 
crfve that ita teal import and intent cannot be 
mislaken- The first clause provides fea the ad- 
mission of the ceded territory inio the Union, 
and tbe succeeding clause tbowa ibis must bo 
aca/rding to the jfrivciplee of the FeAertH Con- 
atitufiouj and this tieri/ qaedifieatiottnecegBorily 
excludes the idea that Congress were not to be at 
liberty to impose onjf corSlitiaas «pOB siidi ad- 
misston mhich aere coasiiteni with the prindplei 
ff that Constitiitiim, aad which had been, or 
might justly be, applied to other nevj States. 
The language is not by any moans so pointed ai 
that of the Kesolve of I78U ; and yet it has been 
seea that that Resolve was never supposed to 
inhibit the authority of Congress, as lo the intro- 
duction of Blavery. And it is clear, upon the 
plainest rule of construction, (hat in the absence 
of ail rostriclive language, a clause, merely pro- 
viding for the admission of a teiritory io' ""' 



must be conetraed to nulhnrize an admi 



e Conslitution llself w 



I additional support Ir 



athei 



soon as possible, according to the principles _. 
the Federal Constitution, to the emoymeut of all 
tb^righisj advantages, and imnt.uTtttw$oiciH=:ens 
of the United States.' The rights, advantages, 
and immnnilJeB here spoken of, mast, from the 
very force of the .terms of the clause, be such as 
are roccmnised or commnnicated by tbe Consti- 
tntion of the United States : snch as are commo« 
lo all citizens, and are nniform throughout the 
Dnifed Stales. The clause cannot be referred to 
rights, advantages, and immunities derived ex- 
elnsively from the Stole Government, for Ihese 
do not depend upon Ihe Federal Constitution. 
Besides, it would be impossible that all tbe rights, 
advantagee, and immunities of citizens or the 
different States, could be at the same time erdoyed 
by the same pMBons. These rights are different 
in different Slates; a right oxislH in one Stale 
which is denied in others, or is repugnant to other 
rights enjoyed in others. In some ot the States, 
a Ireebolder alone is entitled lo voto in elections; 
in some a qualification of personal proptrty ia 
sufBcient; and in others, age and freedom are 
the sole qnalificallons of electors. In some States, 
no citizen is permitted to hold slaves : in others, 
he posscascB that power absolutely; in others, it 
is limited. The obvious meaning, Uiei-efore, of 
the clause is, that the rishls derived under the 
Federal Constitution, shall be enjoyed by the ui- 

'the citizens of other States. The United States, 
by the Constitution, are bound to guarantee to 
every State^ in the Union a ropnblican f.in 



into the Dnion, are ata) entiUed to Ihoae 
ifges. " The Coaatitution fiu'ther declares, 
the citizens of each State shaU bo ectitlod 
all the privil^^ nnd iinmnnitiee of oitixons ' 



aVstates^' It wouldEe'emasif Uiomean- 
ing of this clause could not well be misinterpreted. 
It obviously applies io the case of the removal of 
a citizen of one State to another State; and in 
such a case it secures ■ 



wGoogle 



THE STRUGGLE FOR SLAVEEY EESTRICTION. 



Slnie to which he romoves. It canoot enrely lie 
" contended, upon any rational interpretntion, thnt 
It ^vea to tbe pitizene of each Stale all the privi- 
leges SBd immunitiea of the citizens of every olher 
SUto. at the Bsme time, and under all circum- 
tlsnces. Huch a conatrnctioD would toed to tlie 
moBt oitraordinary coneeqnences. It would at 
once destroy ell the fundamental limitations of 



mercy of the eitiiena of nny other sinte. which 
shauld adopt different limitations. According to 



tlie right of 

BicBtc the same ri^t to (he citizene of all the 
other States within their own eiclneive limits, in 
dofianco of their own eonstitntJonBl prohibitiooa ; 
and to render the ahaurdity utiJl more apparent, 
the same constmction would- communicate the 
most opposile and irreooncilable rights to the 
citizens of different Statea st the same time. It 
s, tlierefore, to be. undeniable, upon any ra- 



tional icterpretatioD, that this 
'" - 'cated D ■ 



righU i 



yStat 



iie Union, in reeeiving the benefit of this danse, 
irotild not enjoy higher or more eitenaivo rights 
than the citizens of Ohio. It would communicate 
to the turmer no right of holding elavea eiogit in 



tains i^ht nndei thdr 



" Upon tbe irhele, the memorialialfi would most 
rcepcclfully enbinit that the terms of the Consti- 
Inlion, SB well aa the practice of.the Govemmente 
under it, mnat, as they humbly conceive, entirely 
Justify the concluaion that Consress may pru- 
bibit the further introduction of Slavery into its 
own territories, and also malie aucb probibiltOn a 
condition of the admission of any new State into 
tbe Onion. 

"If the constitutional power of Congreaa to 
make the proposed prohibition be eatiBftctorlly 
shown, tl^ justice and policy of such priibibition 
seem to the undersiKued to be supported by plain 
and strong reasons. The permission of (slavery 
in a new State, necessarily draws after it an ei- 
tenuon of that inequality of repreaentBtion, which 
already exists in regard to the original States. 
It cannot be expected that those of the oririnal 
States, wbich do not hold alavee, can look on 
such ah eitension aa bdng politically jui 

between Uio original States the rep 

rests on compact and plighted faltb , 
memonsllsts have no wish that thhu >.uiMi>iiu<. 
should be disturbed, or that plighted faith in the 
slightest de^tree violated. Uut the subject hs- 
enmes an entirely different charactor, when a new 
Slate proposes to be admitted. With her, there is 
no compact, and no faith plighted ; and where is 
the reason that she shauld come into the Union 
with more than an equal share of political im- 
portance and political powv ? Already Iheratio 
of representation, eslablishedb^ the Constitution, 
bos givea to tbe States holdmg slaves twenty 
menibers of the House of Bepreeentatives more 
than they would have been entitled to, except 
— j__ .1. .!_..i !_,__ jf the Constitution, 



ling tbe ngtit in qcestion, 
and establishing a constiEutJon prohibiting it for 
ever. Without dwelUng on this topic, we have 
still thought it our duty to present it to tbe con- 
lideratioa of Congress. VVe present it with a 



deep and earnest feeling of its importance, and we 
respectfully sellcit for it tbe full conwdetation of 
the National Legislature. 

" Your memorialiata were not wilhont the hope 
that the time had at length arrived when the m- 
convenience and the danger of this dofcripiion 
of population had become apparent in all parts 
of this country, and in all parts of the civilized 
world. It might have been hoped that the new 
States themselves wonld have had snch a view of 
their own permanent interests and prosperity as 
woflld have led them to prohibit its extension and 
increase. Tbe wonderful increase and prosperity 
of the Slates north of the Ohio is nnque«tienably 
to he ascribed, in a great measure, to the conso 
quencea of the ordinance of 1787 ; and few, hi- 
deed, are the occmiobs, in the history of sations, 
in which so much can be done, by a single act, 
for the benefit of fntnre generations, as was dona 
by that ordinance, and as may now lie done' by 
.1.. f 1- .u. .T.,:..;. states. We appeal 



look forward to the remote coneegnences of tbeir 
mOBsuree, and who cannot balance a temporary 
or trifling convenience, if there were such, against 
a permanent, growinf;, and desolatiag evil. We 
cannot tin-bear to renund the two Houses of Con- 
gress that the early and decisive measDres adopt- 
ed by the American Oovemment for the abohtiou 
of the slave-trade, are among the proudest memo- 
rials ofour nation's glory, "njat Slavery was ever 
tolerated inthe «epablic is, as yet, to be attrib- 



nnfederscy. "The Missoi 
untry. If it 

seem to become a party ti 

yeara, it has denounced as impolitio, unchriatian, 
inhuman. To enact laws to punish the traffic, 
and, at the same lime, to tempt cupidity end ava- 
rice by the allurements of an inBatiable market, 
is inconsistent and irreconcilable. Government, 
"" liy defeat ila own pur- 






necH of the people, if the power of moral senti- 
ment be weakened hj enjoying, under the per- 
mission of Government, great facilities to com- 
mit offenses. ThelawBoftbetlaited States have 
denounced heavy penalties against the traffic itk 
slaves, because such traffic is deemed unjust and 
inhuman. We appealtothc spiribof these laws; 
We am>eal to this Justice and humanity: We 
ty ought not to operate, on (he 



.ion, with al 



ir forc< 



Wei 



.fances have entailed 
a portion of our community, wbich cannot he im- 
mediately relieved from il without eonsequenoea 
more injurious than the sufferineof tbe evil. But 
to permit it in a new country, where yet no hab- 
its are formed which render it indisfiensable. nha^ 
is it, but to encourage that rapacity, and fraud, 
and violence, against which we have so Ions 
pointed the denanoiationa of our penal code f 
What is it, but (o tarnish the proud fame of the 
country I What is it, but to throw suspioion on 
Its ^ood faith, and to render questionable aU its 
of regard for the right of humani- 



of a irroat and rialng Kepublic-H 


IS member of a 


Christian communify-as living 
enlightened age, and as feeling 
upon by the dictates of i-eligiSn 


n a liberal and 


nrselves called 
and humanitv. 


we have presumed to offer ou 




Congress on this queelion, with 


a solicitude for 



wGoogle 



THE SECOND MJ3S0URI STRUGGLE. 



Instead of reprinting the Speeches elicited 
by thia fruitful theme, which must necessarily, 
to a great extent, be a mere reproduction of 
ideas expressed in the debate of the last ses- 
sion, already given, we here insert the Ee- 
Bolves of the Legislatures of New-Tork, 
New-Jersey, Pennsylvania, Delaware, aDd 
Kentacky — the first three being unanimous 
expressions in favor of Slavery Restriction ; 
the fourth, from a Slave State, also in favor 
of such Hestriction, though probably not 
unanimously agreed to by the Legislature ; 
the kat ag-ainst Eesfricliou, and also (we 



The 
the Free S(a(es were generally 
for EeetrictioQ ,■ those of the Slave States 
(Delaware excepted) unanimous against it. 
It ia not deemed necessary to print more 
than the following : 

NEW YORK. 

" Siate of Npw-TotIe, in Asaemblr, Jan. 17, 
J83«: 

■' Wiereas.Tbeio\ 

of Slavery Id these 1 



wherens ws cooaider Sli 

bo deplored; and tbat 

should be interposed 



evil much to 






ts further oiten- 
. and that the Constitution of the United 
Stalea clearly givos CoDgress (he right to require 
of new States, not comprised nith the orieinat 
bnundaries of these United States, the prohibition 
of Blaven', as a condition of its adinission into the 
Union : Therefore, " ~^ 

"Re«o7i)fd flf the honorable the Senate concur 
herein), That our Senators be inEtrncted. unit our 
Representatives in Conj 



igress be reqii<«ted, to op- 

the admission as a State into the Union, any 

■ritory not comprised as aforesiud, withont 

iking (be prohibition of Slavery (herein an in- 

.-ipensable condition of admission : therefore, 

'•ReiBlved, That mcHBnres be talien by the dorks 
if the Senate and Assembly of thia Slate,' ■ ' 



mnki 



ir Senate 






nConer. 



bof 



[Unanimously concurred in by the Senate.] 

NEW JERSEY. 

HOUSK OF ElPUKSEin'iTIVEl, ) 

Januar7S4tb, ]S30. { 
Mr. Wilson of N. J. conimnnicaled the 
following Resolutions of the Legislature of 
the State of New-Jersey, which were read : 

"HUereas. A Bill is now depending in tho Con- 
Rreas of the United States, on the application of 
the pooplo in the Territory of Miasonn for the nd- 
miesuin of tliat Territory as a Stateinto the Union, 
not oontBiniqg provisions against Slavery in such 
proposed State, and a queatJon ia made upon tho 
right and oipediency of such provision. 

" TTie ropresentalives of the people of Now Jer- 
sey, in the Legislative Cuundl and General 
Assembly of the said Stste, now in session, deem 
it a duty they owe to themselves, to their constltu- 
enis, and posterity, to declare and make known 
the opinions they hold upon Ibis momentana aub- 

"l". This &o resolve and iTeciore.That the further 
adinis»oa of Territories mto tho Unian, without 



restriction of Slavery, would, in their opinion, GB- 
ientially impiur the right of this and other esiatinff 
States \a equal representation in Congress (a rigliG 
-t the foncdation of the political compact), inas- 
_iuch OS such newly-admitted elaveboldmg State 
wonld be represented on the basis ot their slave 
population ; a concession mode at the formation 



" U. Eesalved. That to admit the Territory ol 
Missouri as a State into the Union, without pro 
hibiting Slavery there, wonld, iu the opinion of thr 
representatives of the people of New-Jersey sforo 
said, be no less than to sanction this great politi- 
cal and moral evil, furnish the ready means of 
peopling a vest Territory with Slaves '-' — 



.. — aforesaid. That ioasmncb a 
has a right (o be admitted into tbe Union, but on 
the prinoiplesof the Federal Constitution, and only 
by a law of Congress, consenting thereto on the 

Kart of the existing States, CoBgress may rightful- 
/, and ought to refuse suob law, unless upon the 
reasonable and just conditions, assented to on the 
pait of the people applying to become one of tho 

" i. Resolved, In lbs opinion of the Repreaenta- 
Uves aforesaid, That thcarticle of the Constitution 
which restrtuos Congress Itom prohibiting the 
migration or importation of Slaves, until after the 
year 1808, does, by necessary iuoplicatioQ, admit 
tbe general power of Conereas over the subject 
of Slavery, and concedes to Ihem the right to regu- 
late and restrain such miration and importation 
after that time, into the existing, or any uewly-to- 
beereated State. 

"5. Resolved, Ks theopinion of the Representa- 
tives of Ibo people of New-Jersey aforoaoid. That 
inasmuch aa Congress have a clear right to refuse 
the admission of a Territory into the Union, by 
the terms of the Constitution, they ought in the 
present case to exercise that absolute discretion 
in order to pre«erve the political rights of tbe 
several existing Slates, and prevent the great 
national disgrace and multiplied mischiefs, which 
must ensue from conceding it, as a matter of right, 
in tbe immense Territories yettoclaun admissiun 
into the Union, beyond the Mississippi, that they 
may tolerate Slavery. 

'' 6. Reiolved, (with the concurrence of Council,) 
That the Qovernor of tlua Slate be requested to 
transmit a copy of the tbr^oing reeolutions to 
each of tbe Senators and Repreaentativea of this 
State in the Congress of the United States." 



1,1819.' \ 



December 1 1th, 



" The Senate and House of Representatives of 
the Commonwealth of Pennsylvania, while they 
cberisfi tho right of the individual Stales to ei- 
press their opinion npon ail public messures pro- 
posed in the Congress of the Union, ore aware 
that its naefulneBS must in a great degree depend 
upon (ho diBCretion with whieh it ia exercised j, 
they believe that the right ought not to be resorted 
to upon trivial subjects or nnmiportanf occasions : 
but they are also persuaded that there a: 



on(«lecL._ _. 

Btion of public duty. 






r jud^me 



.Google 



16 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



ardently Bupporttd in the last Congress of the 
Uaited States, and will [n-obablT ho as eanif«1ly 
ni^ed dnring the eiisting aession of that hody, 
■which has a palpable tendency to impair the po- 
litioal relations ef the Beveral Slates ; -which is cal- 
culated to mar the eocial hoppiiioBs of the present 
and futnre generatians ; which, if adopted, wonld 
impede the march of hnmanity and Freedom 
through the world ; and -would transfer fkim a 
mieeuided ancestry an odious stain and fix it in- 
delibly upon the present race — a meBsure, in 
brief, which propoaee to spread Uie crimes and 
cmeltiea of Slavery from the hanks of the Missis- 
rippi to the shores of the Pacific. When a mea- 
sure of this character is seriously advocated in 
the repablican Congress of America, in the nine- 
teenth centnty, Uie several States are invoked by 
the dnty which they owe to the Ddty, by the 
veneration which they entertain for the memory 
of the founders of the Bopublio, and by h tender 
I'egard for posterity, to protest against its adoption, 
to refuse to covenant with crime, and to limit the 
raDge of an evil that already haumi m awfiil bod- 
ing over so large aportion of thoTJnion. 

" Nor can snoh a protest bo onlered by any 
Stale with greater propriety llifm by Pennsylvania. 
Tbis oommonweallh has as sacredly respected the 
rights of other States as it has been oareflil of its 
own'; it has b««ai the invariable aim of the people 
of Pennflylvania to eifend to the nnivorso. by their 
eiample, the unadulterated blefsings of civil and 
religious freedom ; and it is their pride that thoy 
have been at all times tbe practical advocates oif 
those improvements and oharilies among men 
which (ire so well calculated to enable themlo an- 
swer llie purposes of Ibeir Creatgr : and above all, 
they may boast that they were foremost in re- 
moving the pollution of Slavery from among 

" If, indeed, the measure, agunat vhich Penn- 
sylvania considers it her duty to raise her voice, 
were calculated to abridge any of the rights ffuar- 
Butoed to the several States ; if, odious as SlavB- 
ry is, it -was proposed to hasten its eitinclionby 
.iBieons injurious to the Stales upon ithich it was 



e first U 



f the 






not be protended that the righlB of any of the 
States are at all to be affected by refusing to ex- 
tend the misehiefe of human bondage over the 
boundless regions of the West, a territory which 
formed no part of the Union at the adoption of 
the Constitution : which has been hut lately pur- 
chased fi'om a Enrupenn Power by tbe people of 
the Union at large ; which may or may not be ad- 
mitted as a Stale into the Union at the discretion 
of Congress ; which must establish a republican 
form of Grovemmont, and no other ; and whose 
climate affords none of the preleits urged for ro- 
aorting lo the labor of uafives of the torrid ionc} 
such a territory has no right, inherent or acquired, 
an4^ as those States possessed which establisiied 
the eiisting Constitution. When that Constitu- 
tion was framed in September, 1787,' the conces- 
sion that Ihree-fillha of Ihe slates in the Stales 
then esiating should be i-epreaented in Congress, 
could not have been intended to embrace regions 
at that time held by a foreign power. On t|(e con- 
trary, so anxious were (he Congress of that day 
to conline hnman bondage within its ancient 
home, that on the 13th of Jnly, 17S7, that body 
nnanimouHly declared that Slavery or involuntary 
servitude should not exist in the extensive tem- 
torica bounded by the Ohio, the MisMssippi, 
Canada and (he Lakes ; and ia the ninth article 
of the Constitution itself, the power of Congress 
to prohibit the emigration of servile persona otter 
18(J8, is eiprfBsly rSci^ized ; nor is tliere to be 
found in the statute-book a single instance of the 
admission of a Territory lo the rank of a State is 
which Congress have not adhered to the right. 



" The Senate and House, of Bepresenlativca of 
Pennsylvania, therefore, cannot hut deprecate 
any departure from the hnraane and enlightened 
policy puraned not only by the illustrious Con- 
gress which framed the Constitution, but by their 



Jid steady m _ . 

nan flesh, and would render all schemes for oblit- 
irating this most foul hlot upon the Am« 



.cnn^lvan 

Khed by tl 
efrUativesnfthe C 
That the Senators of this State in the Congress ol 
the United States bo, and they are hereby in- 
structed, and Ihat Ihe Keiireseiitatives of this 
State in the Congress of thcTJnitcd States bo, and 
they are hereby requested, to vote against the ad- 
mission of any Temlory as a Slate mto tho Union, 
unless said Territory shall stipulate a 



that 'the farther introduction' of Slai 

voluntary servitude, eieept for the \ 

"~ whereof the party shall ha^ 



i;ery o 



convicted, shall he prohibited; and that all chil- 
dren bom Within the i ' ' 



le Unioi 



a Stall 



I age of twen- 



but maybe h<.__ 

ty-five years.' 

"Resoheil, That the Governor be, and he is 
hereby requested to cause a copy of the foregoing 
preamble and reeolution to be transmitted to such 
of the Senators and Keniraentatives of this State 
in the Congress of the Dnited States. 

" Laid on tho table."' 

■' TnunsDiT, December 16, 1819. 

" Agreeably to the order of the day, the House 
resumed the consideration of the rcEolulions post- 
poned on ih^ 14th iust., relative to preventing the 
introduction of Slavery into States hereaftto' to be 
admitted mto the Union. And on Ihe questiou, 
■ Will the House agree to the resolution r the 
Yeas and Nays were required by Ur. Randall and 
Mr. Souder. and stood— Teas, 74— (54 Democrats, 
aU Pedorahsts) ; Nays, jwm. Among the Yeas 
were David B. Porter, late Governor, Josiah 
Randall of Philadelphia, now a Whig supporter 
of Buchanan, William Wilkics, late ministor to 
Russia, now in the State Senate, Dr. Daniel 
Sturgeon, late U. S. Senator, eto-, etc. William 
Duane, editor of The Aurora, then the Demo- 
cratic Organ, also votod for the resolutions, 
as ho liad prominently advoc^od the principle 
they asserted. 

" The Senate unanimously concurred, and the 
Itesolves were signed by Gov. William Findlay." 

DELAWARE. 

In Senate of the T7iii1«d Stafcg, early in 
1820, Mr. Van Dyke communicated the fol- 
lowing Resolutions of the Legislature of tho 
State of Delawa,re, which were read ; 



General Assembly, the cc 

United States, m Congress Hi. 

and establish, as one of the conditions for the ad- 
mis^onof anew State into the Union, a provision 
which shall effectnally prevent tho further intro- 
duction of Slavery into such State ; and that a duo 
r^ard to the true iuteceslB of su<^ State, as well 



wGoogle 



THE SECOND MISSOURI STEnGGLE 



ar 



SB of tbe other Stated, require Uia 


theea 


ncehoulrt 


" Resolved. 
going resolut 
of tbe Senate 

Uiiited Statk 


That a copy of th 

io ooeh of the So 
n this Stato in Iho 

KESTUCKT 


B above 
afL'a 


and fore- 
Sponkcr 



la Senate, January 24fh, 1820, Mr. Logan 
comniunicated the foilowing preamble and 
Eesolutions of the Le^ialature of the Stato 
of Kentucky, which were read ; 

" Whereas, The ConsUtntion of the United 
8t*tBS provides for the admission of new Slatea 
intq the Union, and it is just and proper that ail 
such Slates ehoold he ealablishcd upon the footing 
of origiDal States, with a view to the preservation 
of State Sovereignty, the prosperity of snnh nxw 
State, and the good of their dtizenn -. /ti 
sncoefiaful attempts have hoen 



sncoefisful attempts have 
and are now mnEine, to pi 



I where. 



^, . ^rovent the People of the 
lerritory of Missouri from being admitted into the 
TInion as a. State, unless trammeled by rules and 
rci^l^ona which do not exist in the original 
States, particularly in relatioa to the toleration of 



avery. 

■' Whereon, eieo.it 



so, it Cor^resB can tlius IrsEnmel 
mtrol the powera o( a Torritory in the formotio 
E a State government, that body may, on th 



of Congrees, sskin); such powers, and not the 
State, demanding n^hts- And 71 
sary, m preserring tEe State Soi 



of Congrees, 
dependeotSI 






ties in their present rights, tbi 
Bhonld he subjected to this reabiuiuju, nu/ mum 
UiBii an old one. and that titora caa be no reasou 
or justice why it should not be entitled to the 
same privileges, when it is hound to boar t^ the 
burdens and taxes laid upon it by Congress. 

*' In passing the following Resolution, the Gene- 
ral Assembly retVains from expressing any opmioD 
rather in favor or against the principles of Slavery ; 
hut to support and maintain IState rights, which 
jt conceives necessary to he supported and main- 
tained, to preserve the liherEies of the free people 
of these United ,'Jlnten. it avows ils solpmn ,;,t.- 
viction, that the i 
one common Co 
deprive new States of equal privileges with them- 
sefves. Therefore, ^ 

"Resolved, by the' General Assembly of the 
Commonneatth of Kentncky, That the Senators 
in Congress from this State be instTUcted, and the 
Eepreaeutfttives be requested, to use their effSrts 
Io procure the passage of a law to admit the people 
of Missouri into tho Union as a State, whether 
those people . will saHction Slavery by their Con- 

" Reaolned, That the Eiocutive of this Cora- 
moawealth be requested to transmit this Resolu- 
tion to the Senators and Ecpresentativcs of this 
State in Oongress, that it may bu laid before that 
body for its consideration." 

The but authoriziag Missonri to form a 
conatitniion, etc., came up in the Honse as a 
special order, JaiL 24th. Mr. Taylor of N. 
X. moved that it be postponed for one week : 
Lost : Teas 87 ; Nays 88. Whereupon the 
Hoase adjourned. It ivaa considered in com- 
mittee tie nest day, as also oa the 28 th and 



30tli, anil tlience debated daily until the 19th 
of February, when a bill came down from 
the Senate "to admit tbe State of Maine 
into the Union," but with a rider authorizing 
the people of Missouri to form a State Con- 
stitution, etc., without restriction on the sub- 
ject of Slavery. 

The House, very early in the session, passed 
a bill provicliiig for the admission of Maine 
as a Sl&te. 'lliis bill came to the Senate, 
and was sent to its Judiciary Committee 
aforesaid, which amended it by adding a 
provision for MiKouri as above. After 
several days' debate in Senate, Mr. Eoberts 
of Pa. moved to recommit, so as to strike 
out aJl but the admission of M^ne ; which 
.was defeated (Jan. 14th, 1820)— Teas 18 ; 
Nays 25. Hereupon Mr. Thomas of III. 
(who voted with the majority, as uniformly 
agaiost any restrictioQ on Missouri) gave 
notice that he should 
h 

ducti 
Unit. 
plated S(o(i! of Mils 



[SoTK. — Great confnsion and miseonception ex- 
ists in tho public mind with regard to "the Slissonri 
Restriction," two totally different propositions 
hein^ called by that name. The original Ha- 
striotion, which Mr. Clay vehemently opposed, 
and Mr. JcSbrson in a letter charaoterixed as a 



13 nltimately defeated, as we 

nd proposed Eestriotion was 

as, just cited, which proposed 

Slavery^ not from f-- "' • 

m the Territories m 
md We»t of that State. This 

Koposition did not emanate from the ori^nij 
issonri KcBtrictionists, bat from their adversa- 
ries, and was but relnetantly and partially ac- 
cepted by tho former.] 

The Mwiie admission bill, with the pro- 
posed amendments, was discussed through 
several days, until, Feb. 16th, the question 
was taken on the Judiciary Committee's 
aiuendraents (anthorizicff Missouri to form a 
State Constitution, and saying nothing of 
Slavery), which were adopted by the follow- 



YEAS—Agai 

Messrs. Barboar of Va. 
Brown of La. 
Eaton of Tenn, 



the Restriction on Missouri: 
Logan of K v. 
Maoon, ofN. C. 



Elliott of Ga. 
l>aillardofS.C. 
Johnson of Ky. 



Pieasanta of Va. 
Smith of 8. C. 
Stokes of N. C. 
Tnyoroflnd. 



:e of Miss. 
Lloyd of Md. Williams of Hiss. 

Williams of Tcnn.— 93. 



.Google 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



NAYS— For RestHctim.-' 

Mossre. Hurrill of R. I. Noble of Ind. 

DniiRofCl. OtieofMHBB. 

Dickinson ofN. J. Pnlmer of Vt, 
Horsey of Del. Parrott of N. H. 

Hnnter of B, I. Roberta of Pa. 

King(Rufue)ofN.Y. Euggles of Ohio, 
LanmBnofConn. Sanford otN. Y. 

Lowrie of Pa. Tichenor of Vl, 

Mollen-of Miiaa, Trimble of Oliio, 

Moml! of N. II. fan Dyke of Del. 

WiUon of N. J.— 31 
[19 from Free States, 2 (in iUdics) from 
Delaware.] 

Mr. Thomaa of HI. then proposed his 
amendmeDt, as follows : 

article of compact of the Ordinance of Con- 
RToss, pasBod July 13(h, 1787, for the covcm- 
ment of the Territory of the United StntcB. north- 
west of tliB river Ohio, ehali, to ail inlBnts and 
purposes, be, and hereby is, deemed and held ap- 
phcable to, and ehall have full force and etfect in 
and over, alt that tract of conntiy ceded bv 
Trance to [he United States under fiie name of 
Louisiana which ties north of thiriy-sii degroea 
and lhu*y minutes, north latitude, eieepting only 
TOch part thereof ae is included within the limifr 
contemplated by this act." 

Oq the following day Mr. Thomas with- 
drew the foregoing nnd subatituled the fol- 
lowing ; 

"And be it further taacted. That in all that Ter- 
tilory ceded by kVance lo the United States uador 
the name of Louisiana which lies north of Ihirty- 
Bii decroea thirty minutes, north latitude, eicept- 
tag only Buoh part thereof as is included within 
tbe hmit« of the State contemplated by this act. 
Slavery and involuntary servitude, otherwiae 
than lu the punishment of crime whereof (he 
party shall have been duly convicted, shall be 
and IS hereby forever prohibited. Provided 
o(wayi that any person escaping info the aame, 
liTHn where labor or aervice is lawfully claimed 
in any State or Territory of the United States, 
snch fagitive may be lawfully reclamed and con- 
veyed to the peraon olwming his or her labor or 
■ervice as aforeaald." 

Mr._ Trimble of Ohio moved a substitute 
for thw, somewhat altering the boundaries 
of the region shielded from Slavcrv, which 
was rejected: Yeas 20 (Northern); Nays 
24 {Southern, with Noble, Edwards, and 
Taylor, b3 aforesdd). 

The question then recurred on Mr, Thom- 
as's amendment, which was adopted as fol- 

YEAS— For exdudinB Slavery fromcdlthe 
Territory North and West of Missouri : 
Messrs. Brown ofLa. Molten of Mass 

Burrill of E. 1. Morrill of N, H. 

Dana of Conn. Otis of Mass. 

DiekersonofN-J. Palmer of VL 

Eat.>n of Tenn. Parrott of N. H. 

Edwards of 111. Pinkney of Md. 

Horsey of Del. Eoberta of Pa. 

Hunter of B. I. Rubles of Ohio, 

Johnson of Ky. SanSrd of N. Y. 

Johnson of La. Stokes of N. C- 

King (Wm. B.) of A!a Tliomas of III. 

King (Rufus) of S. Y. Tichenor of Vt. 

Lanman of Conn. Trimble of Ohio, 

Leake of Mies. Van DykB of Del. 

Lowne of Pa. Walker of Ala. 



Lloyd of Md. Williams of Ten. 

Logan of Ky. Witson of N.J.— M 

NAYS—Agaimt suiA Restrktion : 
Messrs. Barbnur of Va. Smith (Wm.l of 

Elliott of Ga. S. C. 

Gaillard of S. C. Taylor ol Ind, 

Macon of N, C. Walker of Oa. 

Noble ofliid, Williams of 

Pleaeanfa of Va Misa.— 10. 

[It will here be seen that the Eestriotion nlti- 
mately adopted, that oicluding Slavery from all 
territory then owned by the United States North 
andWestofthe Soulbweatborderof theSlafe of 
Missouri, was proposed by an early and steadfast 
opponent of the Eeatriotioa ori^nally proposed, 
relative to Slavery in the contemplated State of 
Misaoari, and waa euslained by the votes of four- 
teen Senators from Slave Stales, including the 
Senators from Delaware, Maryland, Kentucky, 
Tenneasee,Aiabama,aDdLaui8iaDa,witb one vote 
each from North Carolina and Mississippi. 

The current assumption that this Ecatriction 
was proposed by Rufus King of New York, and 
mainly sustained by the antagonists of Slavery 
Eiteneion, is wholly mistaken. The truth, doubt- 
less, is, that it waa suggested by the more moder- 
ate opponenta of the proposed Restriofion on Mia 
souri — and sapporfed also by Senators from Slavs 
Stales — as a means of overcoming the rcsistaoLa 
of the House to Slavery in Missouri. It waa, in 
effect, an offer from the milder opponenta of 
aavery Eeatrietion lo the more moderate and 
flexible advocates of lliat Beab^ction— " Let us 
have Slavery in Missonri, and we will unite with 
you in excluding it from all the nninbabited 
territories North and Weat of that State." It 
was in substance an agreement between the North 
and the South to that effect, though the more da. 
tartnined champions, whether of Slavery Eiten, 
sioD or Slavery Restriction, did not nnite in it.] 

The bill, thnsaniended, was ordered to lj6 
engrossed for a third reading by the follow- 
ing vote : 

YEAS— For the Missouri BiU : 

Messra. Barbour of Va. Lloyd of Md. 

Brown of La. Logan of Ky, 

Eaton of Tenn. Pairoft of N. H, 

Edwards of III. Pinkney of Md. 

Elliott of Ga, Pleasants of Va. 

Gaillard of S. C,-,. Stokes of N. C. 

Horsey of Del Thomaa of HI. 

Hunter of R, I. VanDyke,DeL 

JohnsoQ of Ky. Walker of Ala. 

Johnson of La. 

KineofAla. 

Leake of Mies. 
NAYS—Agair 
Messrs. Barrill of R. I. 






lan of Conn, 
■ie of Pa. 
in OfN, C. 



Wall 

Williams of Hiss. 

Williams, Tenn,— 34. 
it the Bill ,■ 

Otis of Mass. 
Palmer of Vt 
Eoberta of Pa. 
fluggles of Ohio, 
SanSrdofN.Y. 
Smith of S. C- 
Tayloroflnd. 
Ticbeoor of Vt. 



.Google 



THE SECOND MISSOCRI STRDGGLE. 



29 



TOe bill was tlmapaased (Feb. 18th) with-1 
out farther division, and sent to tlie House 
for concurrence. In tlie Houae, Mr. Tlioia- 
as'a amendment (aa above) was at first re- ] 
jecfed by botli parties, and defeated by tbe 
strong vote of 159 to 18. Tlie Yeaa (to 
adopt) were, 

Messra Baldwia of Pa. MeoohofVt. 

Bayly of Md. Morcor of Va. 

Bloomfioldof N. J. Qnnrlce of Ky. 

Cocke of Tann. Kiageold of Md. 

Crafld ef Vt. Shaw of Mass. 

Culpepper SfN. C. Sloan of Ohio. 

Ktoaey of N. J. Smith of N. J. 

LathropofMnae. Smith of Md. 

Little of Md. Tarr of Pa,— 18, 

Prior to this vote, the House disagreed to 
thejo^-rolling of Maioe and Missouri, into 
one bdl by the strong vote of 93 to 72. 
rWe do not give the Teas and Nays on this 
uecisiou ; bnt the majority was composed of 
the repreaentatires of the Free 8tates with 
ouly four exceptions ; and Mr. Louis McLane 
of Delaware, who was constrained by in- 
Btmctions from his legislature. His col- 
leagne, Mr. Willard Hall, did not vote.] 

The members from Free States who voted 
with the South to keep Maine and Missouri 
united in one bill were. 



The House also disagreed to tbe remain- 
ing amendments of the Senate (striking out 
the restriction on Slavery in Missouri) by 
the Btrong vote of 102 Yeas to 68 Nays.' 

[Nearly or quite every Eepresetitative of a Free 
Stale voted ia Ibe mcijorily of this dlviaiou irith 
the foUowing fVoui Slave States ; 

Louie Mer,,ane.Del. Nelwin, Md. 
Aluoy MoLeao, Ky. Trimble, Ky,] 

So the House rejected all the Senate's 
amendments, and returned the bill witJi a 
corresponding message. 

The Senate took up the bill on the 24th, 
and debated it till the 28tb, when, on a direct 
vote, it was decided no( to recede from the 
attachment of Missouri to the Maine bUl : 
Teas 21 ; (19 from Free States and 2 from 
Delaware;) Nays 23; (20 from Slave States, 
with Messrs, Taylor of Ind,, Edwards and 
Thomas of 111.) 

The Senate also voted not to recede from 
its amendment prohibiting Slavery west of 
Hissom^, and north of 36" 30', north latitude. 
(For receding, 9 from Slave Stales, with 
Messrs. Noble and Taylor of Ind. : against 
it 33— (22 from Slave States, 11 from Free 
States.) The remaining amendments of the 
Senate were then insisted on without division, 
and the Houae notified accordingly. 

The bill was now retamed to the House, 
which, cm motioQ of Mr. John W. Taylor 
of N. T,, voted to insist on its disagreement 
to all but sec, 9 of the Senate's amendments, 
by Teas 97 to Nays 7G : fall but a purely 
sectional vote : Hugh Nefcon of Va. voting 
with tbe North ; Baldwin of Pa,, Bloomfleld 



of N. J., and Shaw of Mass., voting with the 
South] 

Sec, 9, (the Senate's exclusion of Slavery 
from the Territory north and west of Mis- 
sonril was also rejected— Teas 160 ; Nays 
14, (much as before.) The Senate there- 
upon (March 2nd) passed the House's Mis- 
souri bil!, striking out the restriction of 
Slavery by Teas 27 to Nays 15, and adding 
without a division the exclusion of Slavery 
from the Territory west and north of said 
State, Mr. Trimble again moved the exclu- 
sion of Slavery from Arkansas also, but was 
again voted down ; Teas 12 ; Nays 30. 

Tbe Senate now asked a conference, which 
the House granted without a division. The 
Committee of Conference was composed of 
Messrs. Thomas of 111., Pinkoe^of Md,,and 
Barbour of Va. (all anti-restrictionists), on 
the part of the Senate, and Messrs. Holmes 
of Mass., Taylor of N. Y., Lowndes of S. 0., 
Parker of Mass., and Kinsey of N. J., on 
the part of the House. [Such constitution 
of the Committee of Conference was ineffect 
a surrender of the Eestriction on the part of 
the House.^ John Holmes of Mass., from 
this Committee, in dnetime (March 2nd), re- 
ported that, 

1. Tbe Senate should eive up the combina^ 
tion of Misaouri in the same bill with 
Maine, 

2. 'The Honsoshould abandon the attempt 
to restrict Slavery in Missouri. 

3. Both Houses should ^ree to pass the 
Senate's separate Missouri bill, with Mr. 
Thomas'* reajriction or compromising pro- 
viso, excluding Slavery from all Territory 
north ^d west of Missouri 

The report having been read. 

The first and moat important question 

" Will the House concur with the Senate in eo 
mueb of the said amendmenia aa proposes to 
strike from the fourth section of the [Missouri! 
bill the provision prohibiting Slnvery or iovolun- 
(ary servitude, in (be oonfomplaled State, other- 
wise tban in the punishment of crimes t" 



YEAS — For giving up Restrietiim on Mis- 

iCHOSKTTS — Mark Lang 
, Jonathan Mason, Hei 
:mo!>e IsLABD.—Samuel E ..„ 
ConBEcTicuT, — Samuol A. Foot, Jnmea Ste- 
phena-a. 
NEW-YottR.— Henry Mags, Henry E. Storrs' 

Nkw Jebeki. — Joseph BloomEtld, Cbarlei 
Kinsey. Bernard Sinitb--3, 

P»NNBYLVABii.— Henry Baldwin, David Ful- 
Jerton— a. 

Total from Free States 14. 

DEtAWAHK.— Louis McLanE — 1. 

Mariland.— Stephenson ArehBr,ThomasBBy- 
ly, 'I'homna Culbreth, Jm<^\, Kent, Fetor Little, 
Raphael Neale, Samuel JUuggold, Samuel Smith, 
Henry R. Warfield— M. 

Virginia. — Mark Aleiander, WlSliam 8 
Archer, FhilipF. Barbonr, Wiiliam A. Borwell, 



.Google 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



John Floyd, Eiibert 8. QRrnett, James Jn!i 



AlexiiDder gnijth, Qeorgo V. ^Dlhur, Tliomas 
Von' Uv-curingen, George Tucks', John Tyler, 



Jared WiUlni 



LtchiiiaQ.!Buiiau,Jolin 



IS H. Hall, Chnrke 
Hooks, ThumoB Settle, Jesse Blocnmb, James 
S. Smilb, Folii Walker, Ijawja Williams— 12. 

SdDtb Carolini.. — Joaiali Brevard, Eiias 
Garlc, tTamos L^rria, William Lowndet), James 
McCrsary, James Overalreet. Wiarlea Piookney, 
Eldred Sunkins, JSteTlmc* Tnekor— 9. 
■ GioRoiA,-Jc«l A. Abbott, Tliomns W. Cobb, 
Joel Crnwfm-d, John A. CufJibert, BobKt E. 
Held, William Terrell— 6. 

AtADiSTi. — John Crowell — 1. 

MisaissiFPi. — John BaDkiu — I. 

LcroiaiANA.— lliomaii Boiler— 1. 

Kk NT CCKT .— Bioiiatd C. Andereon, Jr., William 
Brown; llenianiin Hardin, Ahioy ilcLcnu, 
Thomas Metcalf, Tunfltall Qmiles, Seo. Eobort- 
flon. Da.vid Trimble— 8. 

Tebskbsee.- Eohert Allen, Henry H. Brynn, 
Ijewton C'tmuoD, John Cocke, Francis Jones, 
Jobn Ehca— ^. 

Total Teas from Slave States 76 ; in nil 90. 

NAYS—Jgainst giving up the Restriclion 

oil Slavery in Missouri: 

Niw-HtUi'SHiKE_JoBephBiiffum,jr., Josiah 
Bnllot, Clittjjn' Clngett, Arthur Uvermore, Wil- 
liam Plumer. jr., Kuthoniel HphaiiiAe. 

MuBACUUsBTTS (inoliullug Mnjn^.-Jicnjamin 
Adams. Smnnel C. Allen, Ji^na Cnshnmn, Ed- 
ward Do*Be, Walter Pd^er, jr., Timothy Fullor, 
Jonas Kendall, Harliil Kmeiey, Samnoi X>alhrr- 
Enodi Linoolii, Hotodb Horton, Jeremiah If else 
James Paiker. Zab^ol Sampson, Nalhaniel Si 
boe, Kzekiel Whitman— 16. 

RuonE Isi.ABD._Mathaniel HBiar*_l. 

COKNKCTICDT Joualhan O. Moseiey, Elisha 

Pheipe. Jobn Unas, Gideon Tomlinson — 4. 

Vkbuobt.— Samuel C. Craila, Rollin C. Mai- 
lary, Ezra Moeeh, Chorlea Eioh, Mnrt-KIehEuds, 
William 8trong_G. 

■ New-York— Nathamol Allen, Caleb Baker, 
Eobcrt Clark, Jacob H. De Witt, Jobn D. Dick- 
inson, John Fay, William J). Ford, Ezra C. Gross, 
James Guyou, jr., Aaron Haokley, jr., GBOtRC 
Hall, Joseph 8. L Jinan, Eobort Monell. Nathaniel 
Pileber, JoaathoD Eichmond, Kandaii S. Slrect, 
James Strong, John W. Taylor, Albert H. 
Ti|oy. Solomon Van Eenseoloer, Pefef H. Wen- 
dAr, Silas Wood-«tli 

iniv-jERSKi Epiu-aim Bateman, John Idon, 

Henry Southard— 3. 

PeHNSTLVAKiA. —Andrew Bodan, William 
DarUngton, Gooroe Dennison, Samuel Edwards, 
Thomas Forrest, Samuel Gross, Joseph Hemphill, 
Jacob Hibsehman, Joseph Heieter, Jacob Hostot- 
ler, William P. Maolay, Daiid Marchaad, Kohert 
Moore, Samuel Moore, John Mmray. Thomas 
Potlerson, Robert Philaon, Thomas J. KoRers, 
John Sergeant, Christian Tarr, JamesM. Wnl- 

Oa lo Piiilemon Beeober, Henry Brueh, John 

W. Campbell, Samuel Herriofc, Thomas H, Eoas, 

John 81oaoe_6. 

, iNDiAKi.— William Hendricks-_1. 

Iti.iiioiB_Daniol P. Couk— L. 

Total Naja ST— a][ from Free States. 

[The memherB apparently absent on this im- 
portant division, were Henry W. Edwnids of 
Conn., Waiter Case nnd Hojiorlus Peck of N. T. 
and John Condit of N. J., from the Free States ; 



with lyemnol Sawyer of N. C, Bud Dnrid Walker 
of Ky., from the Siiivo St-itoa. Mr. Clay of Ky. . 
beinj; Speaker, did not vote] 

Tills daShat broke the back of flie Northern 
resistance to receiving Missouri as a Slave 
State. 

Mr.Taj'ior,ofN',T.,nowinoredaii amand- 
ment, intended to include Arkansas Ten-itory 
undei the proposed InhibitioQ of Slavery 
"West of Misaouri ; but this motion wfta cut 
by the Previous Question (wliich then 
cut off amendments more rigorously, accord- 
ing to the rules of the House, Ihan it now 
does), and the House proceeded to ooncar 
with the Senate in inserting the cxclnsion of 
Slavery from the Territory West and North 
of Missoari, iiistearl of tliat just stricken out 
134 Teas to 42 Nays, (the Kays being 
from tho South). So the bill was passed iu 
the form indicated above ; and the bill adr 
njitting Maine as. a State, (rdievcd, by a 
conferenee, from the Missouri rider,) passed 
both Houses without a division, od the fol- 
lowing day. 

Such was the virtual termination of the 
itcuggle for the resti'iction of Slavery in 
Missouri, whicli was beaten by the plan of 

Eroficring instead an exclusion of Slavery 
■om ail the then Federal Territory West and 
North of that State. It is unquestionable 
that, without this compromise or equivalent, 
the Northern voles, which passed the bill, 
could not have been obtained for it, 

vin. 



Thol-cg the acceptance of Missouri as a 
State, with a Slave Constitution, was forever 
settled by the votes just recorded, a new es- 
cilement sprang np on her presenting herself 
to CongmB (Nov. 16, 1820), with a State 
Constitution, framed on the 19th of July, 
containing the following resolutions ; 

" The General Assembly shall have no power 
to pass laws, First,fcirtheomanoipalioii of slaves 
without the consent of (heir owners, or wllhont 
paying them, before sucb emanfipation, a full 
eqnivHlent fi)r aacb Slaves so emancipated ; and, 
Second, lo prevent bona fide emigrants to tfaia 
Stale, or actual settiera Uierein. from bringing 
from any of tlia United Slates, or from anynf 
their TorriiorioB, Buch persons as may there be 



" It shall he their duty, as Boon as 
may oe, to pass such laws es may be necessary, 

" First, to prevent free negroes and mnlattoea 
from coming to, and settling in, this Slate, under 
any preieit whatever." 

"Hie North, still smarting under a sense of 
its defeat on the question of escluding Slavery 
from Missouri, regarded this as needlessiy de- 
fiant, insutlJDg, and inhuman, and the last 
quoted as palpably iu violation of that clause 
of tlie Federal Constitution which gives to the 
citizens of each State (which blaclts are, in 



wGoogle 



THE ANKEXATIO^' OF TEXAS. 



31 



eeveral Free State,) the righte ol' citizens in 
every State. A determined reaistaoce to anj 
snoli exeluRioa was manifested, and a portion 
of the Northern Members erinced a disposi- 
tion to renew the straggle against the further 
introdnctioa ^of Slaves into Miaaonri. At 
tliB first effort to carry her admission, the 
House voted it down— Teas, 19 ; Nays, 93. 
A second attempt to admit her, on condition 
siie would espnnge the obnoxious clause (last 
quoted) of her Constitution, was voted down 
stiil more decisiveiy— Teas, 6 ; Nays, 14G, 

The House now rested, until a joint resolve, 
admitting her with but a vague and ineffect- 
ive qualification, came down from the Senate, 
where it was passed by a vote of 26 to 18— 
BIX Senators from Free States in the affirma- 
tive. Mr. Ohiy, who had resigned in the 
recess, and. been succeeded, as Speaker, hy 
John W. Taylor, of New Tork, now appeared 
as the leader of the Missouri luJmissioniats, 
and proposed terms of compromise, which 
were twice voted down by the Northern 
Members, aided by John Eaodolph and three 
others from the South, who would have 
Missouri admitted mthout condition or qoa- 
liflcation. At last, Mr. Clay proposed a 
Joint Oommittee on this subject, to be chosen 
by ttallot — which the House ^reed to by 
101 to 55 ; and Mr. Clay became its Chair- 
man. By Uiis Committee it was agreed, that 
a solemn pledge should be reqnifed of the 
Legislature of Missouri, that the Constitution 
q£ that State should not be construed to 
authorize the passage of any Act, and that 
no Act should be ■passed, " by which any of 
the citizens of either of the States should he 
csciuded from the enjoynwnt of the privileges 
and immunities to which they are entitled 
nnder the Constitution of the Uoited States." 
The Joint Resolution, amended by the addi- 
tion of this proviso, passed the House by 8fl 
Teas to 82 Nays; the Senate concurred 
(Feb. 27th, 1821,) by 26 Teas to 15 Nays- 
fall Northern bat Macon, of N. 0.) Mis- 
souri complied with the condition, and be- 
came an accepted member of the Union. 
Thus closed the last stage of the fierce Mis- 
souri Controversy, which for a time seemed 
to threaten — as so many other controversies 
have harmlessly threatened — the esisteiico of 
the Union. 

IX 

EXTENSION 

The state of Missouri, as originally 
ganized, was bounded on the West by a line 
already specified, which excluded a triangle 
West of said line, and between it and the 
Missouri, which was found, in time, t« be 
exceedingly fertile and desirable. It was 
free soil hy the terms of the Missouri com- 
pact, and was also covered by Indian reserv- 
ations, not to be removed without a concur- 
rence of two-thirds of the Senate. Messrs. 
Bentoti and Linn, senators from Missouri^ 



undertook the difficult task of engineering 
through Congress a bili including this triangle 
(large enough to form seven Counties) within 
the State of Missouri ; which they effiwted, 
at the long Session of 1835-6, so quietly as 
hardly to attract attention. The bill was 
first sent to the Senate's Committee on the 
Judiciary, where a feivorable report was pro- 
cured from Mr. John M. Clayton, of Dela- 
ware, its Chairman ; and then it was floated 
through both Houses without encounteiing 
■' erils of a division, .Thorequiafe Indian 
ies were likewise carried through the 
te; so Missouri became possessed of a 
large and desirable accession of territory, 
which has since become. one of her most po- 
pulous and wealthy sections, devoted to the 
growir^ of hemp, tobacco, etc., and culti- 
vated by Slaves. This is the most pro-Slavery 
section of the State, in which was originated, 
and has been principally sustained, that series 
of inroads into Kansas, corruptions of her 
ballot-boxes, and outrages upon her people, 
which have earned for their authors tha ap- 
pellation of Border Ruffians. 



The name of Texas was originally applied 
to a Spanish possession or province, lying 
between the Mississippi and Uie Rio Grande 
del Norte, but not extending to either of 
these great rivers. It was an appendage of 
the Viceroyalty of Mesico, but had very few 
civilized inhabitants down to the time of the 
separation of Mexico fi^m S^in. On two 
or three occasions, hands of French adven- 
turers had landed on its coast, or entered it 
from the adjoining French colony of Louisi- 
ana ; but they had uniformly been treated as 
intruders, and either destroyed or made pri- 
soners by the Spanish military authorities. 
No line had ever been drawn between the 
two colonies ; hut the traditional !me between 
them, south of the Red River, ran somewhat 
within the limits of th^, present State ^ 



Loui 



L^^prB 



within the present boundary of that Stale, 
attests its claims to a Span^t origin. 

When Louisiana was transferred by France 
to the United States, without specification 
of boundaries, colhsions of claims on this 
frontier was apprehended. General Wilkin- 
son, commanding the United States troops, 
moved gradually to the west ; the Spanish 
commandant in Texas likewise -drew toward 
the frontiers, until tbey stood opposite each 
other across what was then tacitiy sctticd 
as the boundary between the two countries. 
This was never afterward disregarded. 

In 1819, Spain and the Uniied States 
seemed on the verge of war. General Jack- 
son had twice invaded Florida, on the assump- 



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32 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



tion oE complicity on the part of her rulers 
and people — first with our British, tlieD with 
onrsar^encmita — and had finally overran, 
and, in effect, annexed it U) the Union. 
Spain, on the- other hand, had preyed upon 
our commerca during the long wars in 
Enropfl, and honestly owed our merchants 
larg^ sums for nnjustiSable seizures aod 
apoliatiouH. A negotiation for the settle- 
ment of these differences waa carried on at 
Washington, between John Quincy Adams, 
Mr. Monroe's Secretary of State, and Don 
Onis, the Spanish embassador, in the coorae 
of which Mr. Adams set up a claim, on the 
part of this country, to Texas as a nataral 
gei^raphical appendage not of Mexico, 
but of Louisiana. This claim, however, he 
eventually waived and relinquished, in con- 
sideration of a cession of Florida by Spain 
to this country — our government agreeing, 
on ite part, to ^y the claims of our mer- 
chants for spoliatioDS. Texas remained, 
therefore, what it always had been — a de- 
partment or province of Mexico, with a 
formal quit-claim thereto on the part of the 
United Stales. 

The natural advantages of this rcg-ion 
naturally attracted the attention of Ameri- 
can . adventurers, and a smal! colony of 
Yankees was settled thereon, about 1819-20, 
by Moses Austin of Connecticut. Other 
settlements followed. Originally, grants of 
land in Texas were prayed for, and obtained 
of the Mexican government, on the aasump- 
tion that the petitioners were Roman Catho- 
lics, persecuted in the United Stat«, becaose 
of their religion, and anxious to find a refuge 
in some Catholic country. Thus ail the 
early emigrants to Texas went professedly as 
Catholics, no other religion being tolerated. 

Slavery was abolished by Mexico soon 
after the consummation of her independence, 
when very few slaves were, or ever had been, 
in Texas. But, about 1834, some years after 
this event, a quiet, but very general, and, 
evidently concerted, emigration, mainly from 

Smnessee and olher southwestern States, 
|an to concentrate itself in Texas. The 
emigrants carried rifies ; many of them were 
acpompanied bv slaves ; and it was well un- 
derstood that they did not intend to become 
Mexicans, much less to relinquisli their 
slaves. When Geo. Sam. Houston left 
Arkansas for Texas, in 1834^5, the Little 
Bock JottTnat, which announced his exodns 
and destination, significantly added : " W^e 
shall, doubtless, hear of his raising his flag 
there gliortly.' 'That was a foregone conclusion. 
Of course, the new settlers in Texas did 
not lack pretexts or provocations for such a 
step. Mexico was then much as she is now, 
misgoverned, turbulent, anarchical, and des- 
potic. The overthrow of her Federal Con- 
stitution by Santa Anna was one reason as- 
signed for the rebellion against her authori- 
ty which broke out in Texas. In 1835, her 



independence was declared ; in 1836, at the 
decisive battle of San Jacinto, it was, by the 
rout and capture of the Mexican dictator, 
secured. TTiis triumph was won by emi- 
grants from this country almost exclusively ; 
scarcely half a dozen or the old Mexican in- 
habitants participating in the revolution. 
Santa Anna, while a prisoner, under restraint 
and apprehension, agreed to a peace on the 
basis of the independence of Texas— a 
covenant which be had no power, and proba- 
bly no desire, to give effect to when restored 
to liberty. The Tesana, pursuing their ad- 
vantage, twice or thrice penetrated olher 
Mexican provinces — Tamaulipas, Coahoila, 
etc., and waved their Lone-Star flag ir de- 
fiance, on the banks of tlie Bio Grande del 
Norte ; which position, however, they were 
always compelled soon . to abandon — once 
with severe loss. Their government, never- 
theless, in reiterating their declaration of in- 
dependence, claimed the Rio Grande aa their 
western boundary, from its source to its 
mouth, including a lai^ share of Tamaulipas, 
Coahuila, Dnraugo, and by far the more im- 
portant and populous portion of New Mexi- 
co. And it was with this claim, express- 
ly set forth in the treaty, that President 
Tyler and his responsible advisers negotiated 



thefi 






of 1843-44, and rejected by a very de- 
e vote : only filteen (mainly Southern) 
senators voting to confirm it. CoL Bentoji, 
and others, urged this aggressive claun of 
boundary, as affording abundant reason for 
the rgection of this treaty j but it is not 
known that the Slavery aspect of the case 
attracted especial attention in the Senate. 
The measure, however, had already been 
publicly eologized by Gen. James Hamilton, 
of 9. C., as calculated to '■ give a Gibraltar 
to the South," and had, on that ground, se- 
cured a very general and ardent popularity 
throughout the southwest. And, more thai^ 
a year previously, several northern mem- 
bere of Congress had united in the fol- 



Wo, tbp UDdoraigoed. in cloein^ our liulies to 

tbe S7th Cunpreea, feel bound to oail your atteti- 
tiau, very brtedy, to the prdect. lon^ iintcrtained 
b;r apurlion ot lbep«opleoTtbeBo United States, 
still perliniiciouBly ndheied to, and intended sdoq 
to be iwnenminat«d : teie annexation op Texas 
TO TUii Union. In the pressof businesa inci- 
dent to tlie last days of a session of Congrew, we 
have not time, did we deem it neoe»6Wy, to 
enter upon a dolailed elateinent of the redfons 
which force upon onr minds the conviction, 
tiiat Ibis project Is £^ ?w means ahattdontd : 
[bat a tar^ portioD of the conatry, interet^ted 
in tbe conlinnaucfl of Domestic Slavery and 
the Slave Trade in theee United Slates, beve 
solemnly and inaltcrnbly dolcrminod ; that it 
ihall be ipeedily carried into txecutiun; and that, 
by this cdniission of new Slave Territoiy and 



wGoogle 



SlftVB StRtes, the nndve manianty of the Slave- 
knldin^ poroer in the OoBermaem rhaU Ss secured 
and nvtlrd bevimd all redemption ! ! 
That" — "-"• ■■ 

citizens of the United States, difficulties foment- 
ed with the Meiicnn Gaiemment, a revolt 
bronght about, aad an iDdepeodcat Oovernmeiit 
declared, cannot now admit <fa donbt ; and thBt, 
imptB of Moiico to reduce her re- 
'0 obBdieuce. hnve proved nn- 



THB ANNEXATION OF TEXAS. 

the SnuthuD portloa < 



TOlted p 



the uulairful 
t ioleieeted indl- 
irect and 



d province 
. . ssaful ia to ba uttribnted 
and B«aietaiice of deaigning i 
Viduale.iu the United Slates, 
indirect co-operation of our own Govt 
vitk similar views, is not (be less certaiQ snd de- 

The open and repeated enlistment of troops in 
several States of this Union, in aid of the Teian 

by order of tbe President, far into the Territory 
of the Ueiican Qoverument, at a moment critic^ 
for (he fats of the ' * • ■ 

e: Heiioi 



bd 









in aid of, ai 



ng in smgu 

army of the RevoluUonists, the 
of onr Gflverniuent to adt^t any efficient measures 
to prevent Ibo taost unwarrantable aggreBsiona 
of bodies of our own eitiaena, enlisted, organized 
and officered within our own borders, and march- 
ed in arms and battle array upon the (ertilory, and 
against the inhabitants of a triendly government, 
in aid of freebuolors and insurgents.tuid the pre- 
mature recognition of the Independence of Texas, 
by a snap vote, at the heel of a session of Con- 
gress, and that, too, at the very session when 
Prealdent Jackson had, by special Uessage, in- 
sisted that "the meaaure would be eontrar^to 
the policy invariably observed by the United 
Slates in all similar caees ;" would be marked with 
great iinuBtice to Meiico, and peculiarly liable'to 
the darkest suspicions, inatmuch as the Texans 
were almost all emigrants from the United States, 






These oi 

fresh in the memory of i 

passing notice. Tteae unva uetoiue niatmni m 

hislorj. For further evidence upon all these and 

-"■"- '-nt nointSi we refer tc the memorable 

_. _ JO Quinoy Adama, dehvered in the 
of Representaeives during the rooriiing 
1 June and July. 1S3S. aud^to his address 
ronatituenta, delivered at Bramtreo, ITth 



-eaolutioas of various Stales of 
the Union — tbe numerons declarations of mem 
bers of Cougress-^the tone of the Sonthernprcss 
-~aa well as tbe direct application of theTcion 
Government, make it trnpoiiible for any man to 
doubt, that Mmtxttiav, and the formation of 
several new Slaveholding States, were originally 
the policy and design of the Slaveholding States 
and the Kiecutive of the Nation. 

The same references will show, very con- 
oluavdj", that ibe paTtiealar objects -' "•-' 



of Slave Territory, were i 

SLiVIRI IND THK CO 
POWEEU 



The foUowini extracta from a Report on tha 
Bnlijact, adopted by Ihe Leglelature of Miasisaippi 
from a moss of similar evidence which might bi 
be adduced, will show with wSai EJeHu the an 
neiation was (ten uixf^. - 

"B«wsh«t.nto.Be«it Ihetewrluiceofthe of Teiaa, is onderstood lo have tura'^ mai 
anoeiation of Teins to iSig EejiBMic opon erouijils upon the qaeslion of annexation oi no am 
(ommrbit local in their complaibn. but of an impvrt ation, and the candidate favorable to that :i 



this ConrederacT. nksi* 



tes rHfTiebarlnd io uy that this 
t^are fnlly snared, upan ttie most diligatiE 






a Nessing mlh 



"i^^l "I 



ind^pstjileuce,it waa found. Kith a few •xceptions, ths 
membere qf tital body were ready to lake ground upon 
it, as upon the sabject of Slacera iuelf, 

" with all Ihew facta beCire u>. we da not hcoitata 
Id believing Ihal tbess feellngi Influenced ibe New 
Engtand Senators, batone.otini in favor of Ihe me*. 



oui reellDg, I 
ing from «o 6 



of the NoTthero HtMes. t. 
at for tie people If Ibaf 






Th^l 



'ySSj 



ibiU 6e afforded trk ths KA- 
--■—■- "— «tics inUie 
aifiiniithua 



•• Your dromiOM ore Ji4llu ; 
tection ta ker^beti intertt" "■•" 
neiali:in tif T^at: an 
AofJi of Cai^THf aili bt (ecufc 
a p6 twvmait gaofontee tjfprati 

The speech of Mr. Adama. eipoaing the whal« 
system of duplicity and perfidy towvd Meiioo. 
had marked the conduct of our Government ; nnd 
(he emphatin ^exprcaaions of opposition which 
bi^an lo come up from all parties in the Free 
Stales, however, lor a tune, neajly silenced the 
ctamora of the South for anneiatieu, and the peo- 
ple of (he North have heen lulled into the belief, 
that the project is nearly, if not wholly abandoned, 
and that, at least, there is now no serious danger 
ofitBCOnaummatiDn. 

Believiog ttiis to be n false and da-^geraat se- 
carily ; that the project has never been aban. 
doned a moment, by its originatora and abettors, 
but that it has been deferred for a more favorable 
moment for its accompliahment. we refer to a few 
evidences of more recent development upon 

of the Republio 



cBnitelj grave And 



u succeeeful hy an overwhelming majority- 



wGoogle 



M 



THE STRUGGLE FOR SLAVERY EESTRICTION. 



TbQ ■uTor^Ign Stntee of Alabama, Tanncssee, nnd 
Mieeieeippi, have recestly adopted KwolutionB, 
Boihe. ifnot all of thorn, uicmimemily. infsvorof 
annoiatiou, ood foinardcd them to CongreeB. 

The Hon. HitJinY A. Wisi. ■ member of Con- 
giett trom the DiBtrict in which oor present 
Chief Magialrate resided when elected Vioe-Prew- 
dent, Btid who is nndotBtood to be mora intimately 
acquwnted with the viewe Mid designa of the pre- 

CongresB, n 



dniBiration than any other member of 
' '' tinctly avowed hie dfaire for, 



PindinR difBeulties, perhttpa, in the way of a eee- 
won by Treaty, in another opeeeh delivered in 
April, 1842, on a motion made by Mr. Linn, of 
N. Y,, to strike out the ailarr ot the Minister to 
Mexico, on tho ground lliat the design of the Ex- 
KcoTivE, in making (he appointment, wbb to ac- 
complieb tbeanneiatioiiof Teias, Mr. Wisoji 
" ho eamcatly hoped and Iruated that 
dent was aa deeirons (of annexation] 
repr«eeu1cd to bo. Wo may well bi 
PreaideBt to b( 



Presi 

e lie 

e who is not governed by tanati- 
. secliooal prejudicoB." 









Mexicans tUI vp 10 Ihe boundory Hae (/ Arkoneas 

Do ma lake ran tciih Texas T bis jiompt ui- 

. ieh,hsviwiid \s% etntlert,-. , — . 

g/" tht aluAeftajit if Ihc great vallqi of llie H 

Sereral other members of Congress, in the 
mie debate, eipreeeed Bimilar views and deeire*, 
aud Ihey are atdl more frequently eipreseed in 

The Hon. Tho'9 W. aiLHKB, a member of Ck.D- 

S«BB from Virginia, and formerly a Governor of 
at State, numbered aa one of the " Gaard," and 
of course understood to be in the counsols of the 
Cabinet, in ti letter bearing date the 10th day of 
Janntu'y last, originallyidesigned aa a private and 
— "lenlial letter to ■ fhend, ^ves it aa bis 

reflection, that Texas WILL EK ANNEiED TO THi 
Jkidb ; .and he enters into a apaeioua argument, 
ind presents n variety of reasons in favor of the 
neoBUro. He says, among other things : 

™t£n of <*n«B9. nhick I iitli»Te s™ "P'^'J' *'''°g'^''K 



rhicb you ipprelieDil, i 
He dodges the Cent 



itutional objectioce as fol- 



' at wilt Aori Iht t. 



i/ f. /mcM ahkh lie aimtvUton 
a taltuajy injitience. Eoi 



They had gme 

them, >fter winning (hat glorious a»W. bid peictiblj 

returDFd (0 their homei. Bat once set iHiora them 






Mr. W. proi 



ff, and ker relation- 



bat a majoritj of the 
M« m f»oi of tbe sn- 



yGooglc 



THE ANNEXATION OF TEXAR 



3S 



"THOMAS W. eiLMEB." 
□Dditioa ofTeie 
Bin troops to def< 

jij length of tin 

er Hud credit abroad, oi 

opinioa has been Ei^uently expressed, by those 
who fool a deep interest in this subject, "■*' " 
ironld tnko place AV « tert earLi dat i 

1. the Rcsolntloiis 

__ emonstrancee agai . ., 

o the Committee on Foreign Rela- 



. ._ report upon the subject, and di- 
rected Hr. Adams, tbeir Cbairman, to report a 
resolution, asking to be dischai^ed from the fur- 



ther consideration of the subiect, which he did on 
the aSth day of Pebruary. At the same time, Ur. 
Adams asked, as aa indiridual laember of tt' 
Committee, for leave to present the fuUowIii 

" Eaolvfd. Th<t bj ih« Constitution or Iha tTsiti 
StotM. DO pdwerls delegtterl ta their OougreiB. ■ 

p«gpl4 then 
of ll« Doitr 






piB, ooghtnotlo submit." 
Objections brang made, the 
received ; the Southern mem 
climttion to have the subject agitated 
at preaEnt. Migh* '*"""■ ^' --_-^.i-- 
ing t^Mi much efa 
we could refer lo 



considered as savor- 
<f private cODfideuee, 
ilaratioQs of persons 



leg a fixed determination to bring Texas iulo the 
Union, declaring that thej had assQrances of (he 
aid of the Free States In accomplish theob)eol, 
and insisting that they prefer a disaoluilon of the 
Union lo the r^eotion of Texas, expressing, how- 
nver. at Ihn same time, Ih^r confidence, that if 
coald l>e effected, the people of 






^ of them 



Ihe i'ree Stales would suhi 

tutions of the Slave States would be se 

perpetuated, CoBtonting ourselves, 

mtb the al)ove brief glance al 

prominent evidence iu relation 
submit to you whelbw the projeetot RnDexation 
seems to tie alwndened, ana whether there be not 
$he most imnaneiU danger of its speed; accom- 
plishment, unless tke eatire mass of the people in 
the Free States becOTne aroused to a coniictKm of 
this danger, and speak out, and act in referenee 



vnderi 






a: 



Althou^ perfectly aware that many important 
and conlTolling objections to annexatioa exist 



aside ftntm tbe question of Slavery, we 
Ihis address confined ourselves principally to that, 
becauso of lis paramount importance, and 
hecanse the advocates of aanexatiaa dtelinclls 
^ace ii upon that f roanrf— most of Ihe specious 
arguments and reasons in favor of aanexation, 
with which its advocates atlempt to f;ild the pill 
for Northern palates, are just about as sincere and 
snbstanlinl as were those ot Mr. Wist iu Ihe 



speech above referred to, in which he labored a 
lonn; time to convince Northera philanthropisls 
that they would best promoletheotuectsthoyfead 
in view, by favoiini; annexation, that they might 
have Slavery in Texas within the power an J con- 
trol of our own goveroment, that they might 
abolish it or mitigate its eojli, he himself being 
an advocate of perpetual Slavery, and among the 
very foremost to trample upon the right of pelition 
itself! I 

None can be ao blind now. as not to know thni 
the real di«ign andobjectof theSoiithis,to "adii 

was upon that ground that Mr. WeWer placed 
his opposition, in his speech on that subject in 
New-York, in March, 1837. In that speech, after 
slating that he saw insurmountable olyections to 
Ihe annexation of Texas, that the purchase of 
Lonlsianaand Florida furnished no precedent for 
it, that Ihe eases were not parallel, and that no 
such policy or necessity as led to that, required 

" GBndenen. wB all sea, that by whoniBOBter poa. 



onlj; nie lungimge which fan 
And again, he aud ; 









iTriflid witC 



litlcal De^siitTfor (hsf 



political nt 



" I. ee, therefor., no 

'"■■itaU^o"ii*tS'be ti 
nutloD^'JdViiha^I ^ 

We hold that there -, _. 

eessity" for it, "no adv^itsges to be dcrii __ 
from it," but that there is do oonstitulional power 
delegated to any department of Ihe national gov- 
— ment to authorise it ; that no act of Congress, 
treaty, for annexation, con impose tlie least 
obligation upon Ihe several States of this Union 
' I submit to such an nnwarranlable act. or lo re- 
live into their fornily and fraternity such misbt- 
oilea and illesilimate progeny. 
We hesitate not to say, that annexatioa, effect- 
ed by any act or proceeding of Ihe Federal Qov- 
— "Bnt, or any of its deparlmenls, would be 
TICAL WITH DISSOLUTION. It would be a 
.ion- of our national compact, its objects, 
designs, and the great elementary principles 
wliich entered into its formation, of acharaclerao 
deep and fundamental— and would be an atlempt 
' TDize an iustitution and a power of a nature 



wGoogle 



THE STRUGGLE FOR 8LATEBT RESTRICTION. 



go nnJQHt in UiemeelTeB, bo injurious to tbe inter- 
eets and abhorrent to tho feelinge of the people of 
tba Free States, bb, id our opinion. Dot oot; In- 
crvitably to re«ult ia a diuolution, of the Union, 
but fully to justif; it ; and ire not only assert that 
the peofile of the Free Statee " ought not to sub- 
init to it," but we Bay, with confidence, thicy 

ent temper and spirit on this subject too well to 
belicTO for a moment that they would become 

TiON, which tho wisest and best men who funned 
our Federal Constitntion, as well from the Slave 
as Ibe Free Stalea, regarded as an nit and a 
curie, soon to become extinct OBderthe operation 
of laws to be pasted, prohibiting the Slave Trade, 
and the prugresBive influence of the principles of 
the Eevolullnn. 
To prov 

lopreeei „ , 

Blitulion of our conntry, adopted eipresely - 
tecure the bleggingg o/' hoert^j" aad not tho per- 
petuation of Slavery — and to prevent Uie ep^y 
and violent diBsolution of the Union — WB invite 
yoa to unite, without dislinelion of party, in an 
immediatfe eipreaaion of your viewB on this sub- 
ject, in ench miuiner as you may deem beat cal- 
culate to answer the end pmpoaed. 

JOBN QUINOV ADAMS, 



joauDA R. aiDDiNss, 



THO'd 0. CHIETHNDltN, 
JOHN UiTl'OCKS. 
UHBISTOPHEK H 



[Note — The above AddreBa was drawn up by 
Hon. Seth M. Galea of New York, at the suggea- 
Uon of John Quiucy Adame, and sent to Members 
6f Congress at their residencoB, after the doee of 
the session, for their signatures. Many more than 
the above approved heartily of ito poutione and 
otjcota. and would have eigaed it, but for its 
premature publication, throagh mist^e. Hr.. 
Winthrop of Masa. was one of these, with Gov. 
Briggs, of course : Mr. Fillmore declined signing 
it.] ^ ■ 

The letters of Messrs. Clay and Fan 
Bnten, taking gtonnd against annexation, 
withont the consent of Mexico, as an act of 
t»td faith and aggression, whicli would ne- 
cessarily result in war, which appeared in 
the spring of 1844, make slight alWons, if 
any, to the Slavery aspect of tbe case. Jn 
a later letter, Mr. Clay declared that he did 
not oppose annexation on account of Slave- 
ry, wnicU he regarded as a temporary institu- 
tion, which, therefore, ought not to stwid in 
the way of a permanent acquisition. " And, 
though Mr. Cky'a last letter on the sobject, 
prior to the election of 1844, reiterated and 
emphasized all his objeetioos to annexaljon 
trader the existing circumstances, he did not 
include the existence of Slavery. 

The defeat of Mr. Van Buren, at the Bal- 



timore Nominating Convention—Mr, Pdk 
being selected in his stead, by a body which 
had been soppoaed pledged to renoniinala 
the es-Fresident — escilea considerable feel- 
ing, especially among the Democrats of New 
York. A number of their leaders united in 
a letter, termed the " Secret Circular," ad- 
vising their brethren, while they supported 
Polk and Dallas, to be careful to vote for 
candidates for Congress who would set their 
faces as a flint against annexation. Here is 
the eircirlar : 

" Sin— Ton will, doubtless, agree with ns, that 
the late BaltimnreConvenlion placed the Demo- 
cratic Party, at the North, in a position of great 
difBonlty. We are eouBlantly reminded that 
it rejected Mr. Van Buren, and nominated Mr. 
Pol&, for reasons connected with the iinmcdiats 
annexation of Texas— reasons which had no rela- 
tiou ta the principles of the party. Nor waa that 
all. The Convention went bejcnd the anthority 
delegated to its members, and adapted a resolu- 
tion on tbe subject of Teiaa (a aubject not before 
the eonntry when they wero elected, upon which, 
therefore, they were not instructed), wnicb eeeke 
to interpolate into the party creed a new doc- 
trine, hitherto unknown among na, at war with 
Bome of onr established principles, and abhorrent 
to tho opinions and feelings of a gceat majority 

of Northern freemen. In tbis position, wl "' 

the party at the North to do? '"" "' ' 

the nominations, and abando 

should it BUI 

untenable d 

tion, and taking i 

accompanied by snch an expression cf tbe 

ion as to prevent its being misinterpreted 

latter alternative baa been preferred, auu we 

think wisely ; for we conceive that a proper ex- 

Sreseion oi^ lh«r opinion will save their votes 
'om nuseouBtruction, and that proper efforts will 
secure tbe nomination of such Members of Con- 
greSB aa will r^ect the unwarrantable scheme now 
pressed npon tbe co 



Id it support tbe nominatiODB, rejecting the 
lable doctrine intra^lated at the Conven- 



Vith Ihes. 



of youi 



Bclf and other friends thruughout tbe State . 

" Ist.— Inthe pnblication of a joint letter, de- 
Glaring yonr purpose to support the nomination, 
r^ectmg tbe resolutions respectii^ Texas. 

"2nd.— In promoting and aupporling at the 
next electioDB tho BOtnination tor Congresa of 
Boch persons ae concur in theae opiniooa. 

" If your views in thie matter coincide wtlh 
onrs, please write to some one of us. and a 
draught of tbe proposed letter will be forwarded 

" Very reBpeclfnlly, 



DAVID DtDLGY FIELD, 

THOMAS W. TUCKER, ' 
I8AA0 rOWNSBND." 

Silas Wright, then a Senator of the 
United States, and who.as such, had opposed 
tlie Tyler Treaty of Annexation, was now 
run for Governor, as the oi^ man who 
could carry the State of New York for Polk 
and Dallas. In a democratic speech at 
Skaneateles, N. Y., Mr. Wright had recently 
declared fbat he could never consent to Ao- 
nexation on any terms which would give 
Slavery an advanti^ over Freedom, Thia 



wGoogle 



THE ANNEXATION OF TEXAS. 



gentiraeiit was reTterated and amplified in a 
A greal. Convention of tho Democracy, which 
met at Herkimer, ia the autumti of tbis year. 
The contest proceeded with great earnesl> 
nesa througliont the Free States, the buj 
porters of Po!k and of Birney (the Abol 
tion candidate for President), faWj agreeing 
in the assertion that Mr. Clay's position was 
eqoally favorable to Annexation with Mr. 
Polk's. Mr. Birney, in a letter published 
on the eve of the Election, declarM that he 
r^arded Mr. Clay's election as more favor- 
able to Annexation than Mr. Polk's, because, 
while equally inclined to fortify and extend. 
Slavery, he possessed more ability to influ- 
ence Congress in its ikvor. He Bays : 

" I hnve no reosona for opposing Mr- Clay on 
perBonal grounds. On the contrary, the inter- 
course we have had has been of the most friendly 
character. I oppose hia election, becaase he dis- 
believes the great political truttia of the Declara- 
tiou of Independence, the foundation of all just 
goverumeut, and because he repudiates the para- 
mount objects of Ihe Unioa^lhe porpetuatlon of 
liberty to alt. On the sBmegroniid. 1 oppose the 
election of Mr. Polk. But I more dcprccnie the 
election of Mr. Clay— because, possesBing 
ties aaperior to Mr. Folk's, he would propo: 



" Beapectfully, &.c., 



G- BiRnitr." 



Before tLia time, bat lu yet withheld from, 
and nnknown to, the public, Mr. Calhoun, 
DOW President Tyler's Secretary of State, 
and an early and powerful advocate of An- 
nexation, Iiad addressed to Hon. Wm. B. 
King, our Embassador at Paris, the follow- 
ing official dispatch : 

Mr. Calhoun to Mr. King. 

•■ DSFIBTMEST OF EtATI, 

WatAtngforli AngDIt 1% 1S44. 

" Sir— I have laid your dispatch. No. 1, before 
the President, who instructs ma to make knowu 
to you fliat he has read it with much plensnre, 
especially the portion nhich relates to your cor- 
dial reception by the King, and his assurance of 
friendly feermga toward (he United Stales. The 
" ■■ ' ' rticular, highly appreciates ' 
le Bjng, Ihati in no eTCnt. wc 

-..„_ „.,_ hosi 

tlie United States ji 
was the more gtalifying from tho fact, thai oi 
previous information was calculated td make the 
unpression that Ihe goveramcnt of Frsjice was 
,.w,T,o-».i f^ ,...;4-., ..rVtv. n.'.^o^ n.-:f..:., :., .. ;.,:..* 



. . with Great Br 
protest against the annexation of Teias, and a 
joint effort lo induce her Government lo with- 
draw the proposition to annei, on condition Ibat 
Mexico should be made to acknowledge her in- 
dependence. He ia happy to infer nvm yoar 
dispatch that the information^ so far as it relalea 
lo France, is, in all probability, without founda. 
tioQ. You did jLot ^o further than you ought, in 
assuring the King Sat the oyect of Aoneiation 
wouM be pursned with unabated vigor, and in 
giving year opinion that a decided majority of 
mo AmericsQ people were in its tavor, and fbat 
■••--•■• ---.:^<-'^<- --■ -.'-- ■'^-'-it day- 



Everyday will lend lo .weaken that comVi- 
m of political causes whidi led to the opposl- 
of the measure, and to strengthen the 
not only eipedlcnt, but 



s of ItVancs and England 



apparent 



sibly hi 



ly other than 



atEnKlau 



. . .."desiriTig to see hcrpref 

looks beyond, to political interests, lo wnicn sno 

onr opinion, Ihe interest irf both against the mea. 
sure is more apparent than real ; and that ntather 
France, England, nor even Mexico herself, has 
any in opposition to it. wben tho subject is fably 
viewed and considered In its whole citeot. and 
in all its bearings. Thus viewed and considered, 
and assuming that peace, the extension of com- 
merce, and security, are oluccts of primary policy 
with them, it may, as it seems to me. be i-eadily 
shown that tbe policy on the partof those powers 
which would acquiesce in a measure so strongly 
desired by both the Unitol State* and Texas, for 
their mutual welfare and safbly, aa Ihe annexation 
of the latter lo the former, would be fsi mora 
promotive of tbese great objects than that which 
would attempt lo ""•> » 
"IHsiinn^>ili 



a look a 






Ihe United Stales and Texas, and to note the long, 
artificial and incoavenionf line which divides 
them, and to take into conMderaiion Ihe estraor. 
dinary increase of population and growth of 
the forioer, and the source from which the latter 
must derive its inhabitants, institutions, and 
laws, without coming to the conclusion that it ia 
their destiny to be uniled, and of counio, that 
Annexation is merely a quietion of time and 
mode. Thus regarded, the question lo be decided 
would seem to be, whether it would not be bettor 
to permit it lo be done now, with the mutual con- 
' both parties, and the acqnies " 



le powers, than to at 



mptto 



and deleat 



'' If the former course ha adopted, the certaiii 



leaa clear than ' 

■■ It would be a great Mlataie to supposo that 
this Government has any boelile feelings towsrd 
Mexico, or any disposition to aggrandize itself at 
her ejipense. Tho fact is the very reverse- 

" It wishes her well, and desires to see her set. 
(led down in peace and secarity ; end is prepared, 
in the event of the Annexation of Texas, if nM 
forced into conflict with her, to propose to settle 
with her the question of boundary, and all others 



would h 

the most certain means of establishing perm 
peace between the two countries, and slrenglhen- 

1 (j„g j[|gjj. fHondship. Such would 

coiisequence of permitting the An- 



nexation lo take place - 
of Mexico ; but very di 






should be attempted to resist and defeat it, 
whether the attempt should be successful for the 
present or not Any attempt of the kind would, 
robably, toad to a condict l}etwecn us aud 

nd the general peace, long to be deplorod 



wGoogle 



THE STKUGGLE FOR SLATEHT RESTRICTION. 



on both Bidea, and difficult to be repaired. Bnt, 
fiboiild Ihat nat be the caa«, and the interference 
of another power defeat ihe Annexation far the 
present, without the interroption of peace, it 
would but pOBtpone the conflict, and render " 
more fierce and bloody whenever it might oeci 
" Its defeat would be attributed to enmity and 
"ibition on the part of that power by whose in- 



ousy SI 



e would 



, :oite deep jeaj- 

tntment on the part of our people, 
B ready to seize Iheflret favorable 
opportunity to effect by force what was prevent- 
ed from being done penceably by mutual con- 
Bent. Jtis not difficult to see how greatly such a 
conflict,, come when it might, wonld endanger 
the general peace, and how mucb Mexico might 
he the loeer by it. 

" In the mean time, Ihe condilion of Texas 
would bo rendered nncertain, her eettlement and 
prosperit;^ in coneeciuenco retarded, and hei 
merce crippled : while (he general 
be rendered much more insecure, 
but jnently affect BB. If the Annexationof Texas 
shoald be permitted to take place peaceably 
now, (OS it would, withoul the interletence of 
other powere.l the eoergiea of our people would, 
for a long time (ocome, be directed to the peace- 
able piirsuila of redeeming and brining withir 
the pole of cultivation, improvement, and civil 
iiaiion, that large portion of the continent lyini 
between Mexico on one aide and the Bnfis! 
posseaatouB on the other, whicb ia now, with 111 
lie eiceptioD,Jt wilderneaa, with a sparse popula 
liouj conaialing, for Ibe most port, of wandering 
Indian tiibee. 

" It is our destiny to occupy that 
to interaeot it with roads and canals; 
eiliea, (owns, viUaj^es, and farms ; b 
it onr religion, customs, couaUtnlion, and laws, 
and to present it as a peaceful and eplendid addj- 

It ia oar policy to increase by growing and 
spreading out into nnoccnpied regions, assimilat- 
ing ail we incorporate -. m a wonf, to increaae by 
scereUon, and not tbrougb conquest, by the addi- 
tion of messes held together by the adhesion of 

" No system' can be niore uasnited to the lat- 
ter process, or belter adapted to tbeformH-, than 
OUT admirable federal system. If it should nol 
be resisted in ita conrsei it ;n'ill probably fulfill it; 
destiny wilhont disturbing our neighbora, oi 
~ itting in jeopardy the general peace ; bnt if il 
_j opposed by foreign interferoncei a new direc- 
tioD would be given to our energy, mnch less 
favorable (o harmony with our neighbors, and to 
(lie general peace of^tbe world, 

" The change woald be uudestrable to us, and 
much lees in accordance fvitli what I have as- 
sumed to bo primary objects of policy on the 
part; of France, England, and Mexico. 

''Batjto descend to particulars; it is certtdn 
tliat while England, like France, desires the in- 
dependence of T'esas, with the view to eommer- 

lotives of England for desiring it, is the 



C 



malely, by consequence, in the United _ . ._ 

throughout Ihe wh<de of this coutinenL That 
its nhimale abolition throaghout the entire conti- 
nent is an object ardently desu-ed by herj we 
have decisive proofs ih the declaration of the 
Earl of Alierdeen, delivered to this Department, 
and of which yon will find n copy among the 
_doiMment8 transmiiled to Congress with the 
Texan treaty. Thai she dedrcB its aholilion in 
1 used bet influence and diplomacy 



t there, the si 






mth th£ 



Fackeuham, also to bo tpaad among the docu- 



ments, furnishes proof not less conclus o That 
one of the olyects of aboUsbing it th e to ia 
Hlitato its abolition in the United States and 
throughout the continent, is manifest f m the 
declaration of the Abolition party and roc ties 
both in (his coun(ry and in Engtaud In fa t 
there is good reason to believe that the sch me 
otaboliahingit InTexas, with a view t t ab 
lition in the United States, and ove the nt 
nent, originaled with the prominent memh rs of 
the party in the United Statesr and was first 
broached by them in the (ao called) World's Con- 
vention, held in London in the year 1840, and 
through 1(8 agency bronght to the notice of the 



h Gove 
"Now, I 



d, not only tbst Fratice can 
u~ri7 uu lu.DiDst in the consummation of (bis 
grand scheme, which England hopes lo accom- 
plieb through Texas, if she can defeat the Annex- 
ation, but that her intereata, and those of all the 
Continental powers of Eiircpe are directly and 
deeply opposed to it. 

"It is too Isle in (he day to contend that hu- 
manity or philanthropy is the great object of the 
policy of Eugland in attempting to abolish Afri- 
can Slavery_ on this Continent. I do not question 
but humanity may have had a considerable 
influence in Hbolishiyg Slavery in her West India 
posseaaiona, aided, indeed, by the failocious cal- 
culation that Ibo labor of the N^roea would be 
at least as profitable, if not more ao, in conee- 
quenee of the measure. She acted on the princi- 
ple that tropical producta can be produced 
cheaper by free AMcan labor and East India 
labor, than by slave labor. She knew full weU 
the value of such producla to her commerce, navi- 

er. She was not ignorant that the aupport and 
maintenance of her political preponderance de* 
pended on her tropical possessions, and had 
no intention of diminishing tb^ productiveness, 
nor any anticipation that auch would be the ef- 
fect, when the scheme of abolishing Slavery in 

contrary, she calculated to combine philanthro- 
py with profit and power, as Is not unusual with 
. — .:_.- — T- .. i__ -^nyj^ga^ iigp of 



proved &r less productive, without affording the 
consolation of hsviriE improved their condition. 

" The experiment has turned out to be a costly 
one- She expended nearly one hundred millions 
of dollars in indemnifying the owners of the eman- 
cipated Slaves. Ibis estunoted that tbe increased 
Sice paid since, by the people of Great Britain, 
r sugar and oQier tropiual productions, in ci^n- 
sequence of the measure, is equal lo half that 
sum ; and that twice that amount baa been ex- 
pended in the suppreeeion of the Slave-trade j 
making logelber two hundred and fifty miUiona 
of dollars as the cost of the experiment. Instead 
of realizing her hope, tbe resalt has been a sad 
diaappoinliiient. Her tropical products have 
fiillen off to avast amount. Instead of sapplying 
her own wonts, and Ihose of nearly all Europe 
with tbem, as formerly, she faaa now, in some of 
the most important wlicles, scaroely enoi^h to 
"ipply her own. What is worse, her own colo- 
-.es are actually consummg sugar produced by 
Slave-labor, brought direct to England, or refined 
in bond, and exported and sold in her colaniee as 
cheap, or cheaper, than can be produced there ; 
while Ihe Slave-trade, instead of diminishing, has 
been in fact carried on to a greater extent than 
'er. So disastrous has been the reeull, (hat her 
:ed capital invested in tropical possessions, esli- 
ated at the value of nearly five hundred mil- 
ins of dollars, is said to stand on the brink of 

" But tblB is not the worst; while this costly 



wGoogle 



THE ANNEXATION OF TESAS. 



Bcheme 'bus had Bnoh ruinous effects on fhe tvopi- 
o>l productions of (jroat Britain, it tins ^ven s 
powerful stimulus, folio ved by a correeponding 
morease of producU, to those countriea which hud 
had the good sense to ehan her example. There 
has beeo vested, it has been estimated by them. 
in Ibe productiiHi of tropical products, since 1808. 
in fixed capital, neariy$4,aOUOU0,aOU, wholly de- 
pendent on SlaTe-labor. In the same period, the 
value of their pmdactB hoa been estimated to 
have risen from about 172.000,000, annnally, to 
nearly t%iO.OOO,000 ; while the whole of the fixed 
capita of Grest Britain, vested in cultivating 
tropical prodnota, both in the East and Weat 
Indies, is estimated at only about $830,000,000, 
and the value of the products annually at about 
$50 000,000. To present a still iDorestrikhig view 
of three artlolea of tropical produoia (sngar. coffee, 
and cotton), the British possessions, includiog the 
East and West Indies, and Haurid us, produced 
in 184S, of sugar, only 3,333,771 ponnds ; while 
Cubl^ Brazil, and the United States, eicluding 

duced 9,600,000 pounds; of cofifee, the BrAish 
posaesaiouB produced only a7,393,003 pounds, 
while Cuba and Brasil produced S01,5ffl),iy5 
ponnds ; and of cotton, the British possessions, 
maluding abipments to China, only 137,443,446 

Sounda, while the United States alone produced 
90,479,275 ponnda. 

" The above facts and eetiniale have all been 
drawn from a Britiah periodical of high Bluidiii|; 
and aalbority,* and are beliered to be entitled to 

_ " The vast mcreaae of the capital and produc- 
tion on the part of (hoao nations, who have con- 
tinaed their former policy toward the neero race, 
compared with that of Great Britain, iadicst«s a 

„__ j:_g jBiaij^g increase of the means of 

navigatJon, manufactures, wealth, 

It is no longer a question of doubt, 

the great source of wealth, prosperity, and 

r of more civillaed nations of the tern- 



power 



ioially E 



where tl 



witii titose of the tropical regions. )ki great ha 
been the advacco made in the arts, both chemica 
and meohanicaJ, within the few lost generations 
that all the old civilized nations can, with hut i 
amaU part of their labor and capital, supply thei 

narrow hounds, the amount of the commerce bo 
Iween thetn, and forces them all to seek for mar 
kets in the tropical regions, and the more newly 
■ettled porfiotta of the globe. Thoae who cat 
best succeed in commanding those markets, havi. 
ihe least prospect of outstripping the others in the 

career of Ciommeroa, navigaUt" ' 

wealth, and power. 
This ia seen and felt by British sti 

baa opened theu eyes to the erron. _.., 

have committed, l^e question now with them 
is.howahallitbecounteiactedf Whathasbcei 
doDB cannot be undone. The question is, b; 
iriiat means can Great Britain regain and keep i 
aujferiority in tropiof ' ■""'^' ''" 

even to the extent of Buppljiing British markets, 
te the destruction of ihe capitafalready veeted in 
their production 1 These are the questions which 
vow prolbundly oecnpy the attenUon of her states- 
men, and have the greatest influence over her 

" In order to regtaa her superiority, she not only 



stripped her in consequence of her 
snit of the former, she bos cast t 
East India possessions — to Centrnl and Eastem 

Africa— with tl ' " 

there, and even 
trade itself, nnder th 



I, in order, if possible, to compete 
successfully with those who have rufased to follow 
her SDicidal policy. But these all affui-d but un- 
certain and dist^t hopes of recovering her lost 
superiority. Her main reUanco is on the other 
alternative— to cripple or destroy the productions 
of her Buooessful rfvals. There !a but one way by 
which it CBD be done, and that is by abolishing 
African Slavery thronahoiit this continent i and 
that she openly avowa to be the constant olyect 
of her poUoy and exertions. It maflers not how, 
or ftom what motive, it may be done — whether it 
be by diplomacy, inflnenGe, or force -, by secret or 
open means -, and whether the motive bo hnmsna 
or selHsh, without regard to manner, means, or 
motiva The thing itself, should it be accom- 

Stisbed, would put down ^1 rivalry, and ^ve hoc 
10 undisputed supremacy in supplying her owii 
wants, and those of the rest of the world; aod 
thereby more than fully retrieve what abe lost by 

her eirore. It wov'^ -'— '■- "• ■■■ -' 

tropicsl prodaotion 

"What would bo the consequence if this object 
of her unceasing solicitude and exertions should 
be effected by the abohtion of Negro Slavery 
throughout this conthient, some idea may bs 
Ibrmed ttam the immense diminution of produc- 
tions, as has beea shown, which has followed 
abolition in her Weat India possessions. But, as 
great as tbat has been, it is nothing compared 
with what would be the effect, if she should suo- 
ceed in abolishing Slavery in the United States, 
Cuba. BruKil, andthroughout this continent. The 
experiment in her own colonies was made under 

about graduaUy and peaceably by the steady and 
firm operation of the parent country, nnned with 
complete power to provrat or cru^ at onco all 
insurrectionary movements on Ibe part of the 
negroes, aud able and disposed to mamtam to the 
full, the political and social ascendancy of tha 
former Masters over thar former Slaves. It is not 
at all wonderful that the change of the reiationa 
of Master and Slave took place, under such oir- 
cumatancea, irithout violence and bloodshed, and 
that order and pence sliould have been since pre- 
served. Very different would be the result of 
abohtion, should it be effected by her inSuenoe 
and exertions in the pussesiuons of other cauutnes 
on this continent— and especially in the United 
States, Cuba, and Brazil, the great cultivators of 
the principal tropical products of America. To 
fonn a correct conception of what would be the 
result with them, we must ta<dt, not to Jamaica, 
but to St Domingo, for example. The change 
would be followed by unforg^vmg bate between 
the two ra£es. and end in a bloody and deadly 
Btmegle between them for the superiority. One 
or iKe other would have to be subjugated, extir- 
pated, or expelled ; and desolation would over- 
spread their terriloriea, as in St. Domingo, irom 
which it would lake centuries l« recover. The 
end would be, that the superiority in cultivating 
the great tropical staples would be transierred 
from them to the Bridau tropical possessions. 

" They are of vast extent, and those beyond the 
Cape of Good Hope, possessed of an unlimited 
amount of labor, standing ready, by the dd of 
British capita, to supply the deficit which 
would te occasioned by destroying the tropical 
productions of the United States, Cuba, Brazil, 
and other countriea cuJfivated by Slave-labor 
on this continent, as soon as the increaaod prices, 
in consequence, would yield a profit It ia tbt 



wGoogle 



THE STEUGGLE FOR SLAVERY EESTRICTION. 



pOBWEsione of Great Britain, by what el 
plensed to call free-labor. 

" If she can deatro/ it« competition, ehs v 
hftTo a monopoly ot these produotioiie. She has 
all the mesne of furoishinR an nnlLmited aupply 
— TB6t end fertile poeeessions in both InSies, 
bonndlesa command of capital and labor, and 
ample power lo eupprcBS diBtnrbancos and pre- 
iorve order thron^bont her wide domun. 

*' It ie unqnestionahle that ahe regards the 
abolition of Slavery in Teiae as a most import- 
ant stop toward this great objeot of policy, bo 
marh the aim of her solicitude and exertions - 
■ndlliedefeat of the Annexation nf Texas to oar 
Union as indispensable to the abolition of Sla- 
very there. She is t«o sagaeioa^ not to see what 
a fatal blow it woold give to Slavery in the 
Cnited Htslee, and bow certainly its abolition 
with us will alwlieh it over the whole conliiient, 
and Ihoroby give her a monopoly Id the produo- 
tions of (lie great tropical aUples, and the com- 

fccturea of the world, with an eelabliahed naval 
asoendaticy and political preponderance. To 
this continent, the blowwould be calamitona be- 
yond desoriptkiii. It wonhi destroy, in a great 
meaanre, the cultivation and prodnctiona of tiie 
great tropical ataplea, amounliDe annually in 
valne to nearly t3Ofl,0OO.OO0. the fund which 
Itimalates and npholds almost ctcit other branch 
Of its industry, commerce, navignluin, and manu- 
ftrturtB. The whole, by their joint influence, are 
rapidly Bpreadlnf: popnlalion, wealth, improro- 
nrent and civl]i»ation over the whole continent 



" Such mnat be the reaoU, should Great Britai 
•ncceod in accompliBhing the constaat object of 



" Can it be poaaiblc that govemmentB ao 
lightened and aagaciouB as those of Franc* 
the other great oontioental powers, ean h* 
" linded by the plea of philanthropy as not to 



"Dismissing, then, the stale and unfounded plea 
of phiianlhropy.can it be that Prance and the 
otter greatoontinenfal powers— seeing what must 
be the result of the policy, for the aecomplisli- 
ment of which England la oonslanUy exerting 
herself, and that the defeat of the Annexation of 
Texas ia ao Important towards its conauinmstion 
—are prepared tobaok oroonntoannce her in her 
efforts lonrodncc either! Whatpoaaiblemotives 
can they ba*e lo favor her cherished policy ! Is 
it not better tar them that they sfaould be sup- 
phed with tropical products in exchange for 
their labor from flie Cnited Stales, Brazil, Cuba, 
and Ihis continent generally, than to he depend- 



e great k 






Texas, 



t inevitably follow, 

it may, ihonld ahe succeed in her olgei 
'-'"- -■- rt of mockery to talk of phili 



little short of mockery to talk of pliilanthropy, 
with the example befiire aaofthe cffiK^la of abol- 
ishing Negro Slsvery in her own coioniea, in St. 
Domuigo, and in the Northern States ot our 
Dnion, where Btatialical facie, not to be ehakcn, 
prove that the free Negro, aflfir the experience of 
sixty years, is in afar woree condition than in the 
other States, where he has been left in his former 
condition- No : the effect of what ia called abo- 
lition, where the nnmher is few, ie not to raise 
the intbior race to the condition of freemen, hut 
lo deprive the Negro of the guardian care of his 
owner, sul^ect to all the depression and oppree- 
Mon belongn^ to hia inferira condition. But, on 
the other hand, where the number is great, and 
bears a large proportion to Ihe whole populatiwi, 
it would be aiai worse- It would be lo aubslitute 
for the ejiistuig relation a deadly etrife between 
the two races, lo end m the suiijeetion, eipulsion. 



>i the 









ffould he the case over the greater part 

where Negro Slavery eiiste. Jt would 

i... -joniii^ in all prohabihty, ei- 

LDuu, ijj iLH vAouipie, the war of^ races over alt 
Sonlh America, including Heiico, and extending 
lo the Indian as well aa the Afncan race, and 
make the whole one ecene of blood and devasta- 



them at the low pricea which oompeiition, cheap- 
er means of pcodnction, and nearnese of market, 
would fhmiah them by Ibe former, than lo giv* 
tbe high prices which monopoly, dear labor, and 
great distance from market^ would impose ! Is 
It notbetter that their labor should be exchanged 
with a new eontiaent, rapidly increseing in popa- 
lation Hid capacity for consuming, and whic- 
wouid furnish, in Uie course irf a lew genera 
larket nearer to them, and almost of 
extent, fbr the producls of their indue 
try and arts, tiian with old and distant rc^ns, 
whose population hae long since reacbS its 

" The above contains thoee enlarged views of 
icy which, it seems to me, an enlightened En- 
ean statesman ought to take, in making up 
' n on the suhieet of Uie Annexation of 
id flie grounds, aa it may bo inferred, 
bieh England vainly opposes it. They oer- 
y involve conaiderationa of the dcepeat im- 
ince. and demanding tlie greatest attention, 
'ed in conneetlon with them, the question of 
oiation becomee one of the first magnitude 
inly to Texa* and the United 8tat(«, but tc 
jontinwit and Europe. They are presented, 
that you may nsa them on all anitable occasions 
where yon think they may be with effect, in your 
coirespaQdonee, where it can he done with pro- 
priety or otherwise. The Prerfdent relies with 
confidence on your aagacity, prudence, and icaL 
Your mission is one of the Erst magnitude at all 
times, but especially now; and hefeela assured 
that nothing will be left undotie on your part to 
do justice to the country and the Government in 
reference to lids meaanre. 

1 have Kud nothing as to our right of froaty 
lulting Mexico. "" 



aintmn them, that it was thought 
unnecessary to add anything in reference lo it. 
"lam, eir, very respectfully. 

"J. C. CALHODN," 
" WiLLiiM R. KiHO, Bsq,, ie, *«." 

The election of Janies K. Pglk as Presi- 
dent, and George M. Dallaa ak Vice-Presi- 
dent, (Nov. 1844) having virtually settled, 
affimmtivel y, tl te qaestioQ ot annesing Tfis- 
-1, the X\ V TITth Congress commenced 

J second session al Washington on the 2ad 
of December, 1844— Mr. John Tyler being 
still acting President up f* the end of the Con- 
gress, March 4th following. 

Dec. 19. Mr. John B. Weller, {then mem- 
ber from Ohio, now Senator from California) 
by leave, introduced a joint resolution. No, 
5L, providing for the annesation of Teaas to 
the United States, which he moved to the 
ittee of the 'Whole. 



with TesM, * 



.Google 



THE ANNEXATION OF TEXAS. 



41 



Mr. E. S. Hamlin of Ohio moved a re- 
ference of said resolve to a conunittee of 
one from each State, with iustructiona to re- 
pott to the House, 

"Isl. Whelher CoB^reae hna an; conetitutiona] 
power to annex afrretga, iadependent natioa to 
thig Govemnient ; Hnd if bo, by vbat article and 
^^..!__ _tf.L_ .-. — -.'-._.;__ 1. jg coDferred: wheth- 



imoDgth 



nong It 






S 



inted, 1 



ui carry into effect any eipreesly-Rranted 
puiver; and if so, which one. 

" 2d. Whether annosation of Teias would not 
extend and perpetuate Slavery in the Slave States, 
and alao, tho internal elave-trode : mi whether 
the United Statea Govemment has any conBlita- 

perpetuate it there, oriodoit aicag, 

"3d. Whether the Daited Statea, having sc- 
knowledged the independence of Texaa, Uexico 
ia thereby deprived oThar right to reconquer that 

" 4th. That fliey report wbBtfaer Teiaa in owing 

amount, and to whotn payable : and Vhether, if 
Bhe should be annexed to the United Statei, the 
United States GoTemment would be bound to 
pay them all. 

" Sek, That (hey rqiort what treafice are in ei- 
istenoe between Teia* and for^cn governrnenta ; 
and, if she should he Rnneied to llie United Statea, 
whether the United States Goremment woahl be 
bound, by the law of nationa, to fulfill thoae 

The question on commitment was insisted 
vpoD, and Brst taken — Yeas, 109 (Demo- 
crats) ; Nays, 61 (Whigs) ; whereupon it waa 
held that Mr. Hamlin's amendment was de- 
feated, aad the original proposition alone 
committed. 

Jmi. iOtk. 1845. Mr. Jolin P. Hale, N. 
H., (then a Deraoeratic Representative, now 
a Republican Senator) proposed th£ follow- 
ing as an amendment to an; act or resolve 
contemplating the annesBtion of Texas to 
tills Union : 

" Provided, ITiat immediately after the ques- 
tion of boundary between the United Static of 
America and Mexico shaU have been definitively 
aeltled by the two goveromenta, and before any 
State formed ont of the territory of Texas shall be 
admitted iota the Union, the said territory ofTeiaa 
^all be divided aa follows, to wit : b^innin? at 
H point on the Oulf of Mexico, midway between 
the Northero and South«ii boundariea thereof on 
tiie coast ; and tlience by a line- rauning in a 
northwesterly direction to (be extreme boundary 
thereof, so as to divide the same as nearly ae pos- 
sible into two eijual parta, and in that portion of 
■aid territory Ij^ing aonth and west of the line to be 
run aa aforesaid, there shall be neither Slavery 
nor juvolunta^ aervitude. olherwiae than in (he 

Cunisbment Of orimea, whereof the party ahall 
ave been duly convicted. 

"And prendded furtker. That this proviaion 
shall be considered as a compact between the peo- 
ple of the United States and the people of the 
said territory, and forever remiun unalterable, 
unless by the consent of three- fourths of the States 
oftheUiiioo." 

Mr. Hale asked a suspension of the rules, 
to enable him to ofier it now, atid Lave it 
nrinted and committed. Refused — Teas, 92, 
[not two-thi«bj) Nays, 81. 



FaK— All tlie Whigs and most of tbo 
Democrats from the Free States, with Messrs. 
Duncan L. Clinch and Alex. H. Stephens 
of Georgia, and Geo. W. Summers of Va. 

Nays — All the members from Slave 
States, except the above, with the following 
from Free States : 



■rria.ji^a. 
Siw-YoEK.— Jami 



G. Clinton, Selah B. 

Pkwksilvania,— James Black, Kiohard Brod- 
head, Henry D. Poster, Joseph B. IngersoB, 
Michael H. Jenka-5. "« . 

Oh(o,— JosBph J. McDowell— 1. 

Ijtniizi*.— William J. Brown, J(An W. DaviB, 
John Pcttit— 3. 

I Lii HOIS. —Orlando B. Ficklin, Joaeph P. 
Hoge, Kohert Smith— 3. 

Total Democrats from Free States, 17. 

Dec. im.— Mr. 0. J. iDgersoll of Pa., 
from the Committee on Foreign Affairs, rw- 
ported a Joint. Heaolution for annexing 
Texas to the Union, which was committea 
and discussed in Committee of the Whole 
from time to tiioe, through the nest 
month. ' 

Jan. liA.— Mr. J. P. Hale presented ro. 
solves of the Legislature of New Hampshire, 
thoroughly in favor of Annexation, and 
silent on the subject of Slavery, except as 
follows ; 

"Jfeso/uci?, That WB agree with Mr. Clay, that 
the re annexation of Texaa will add more Free 
than Slave Statea to the Union ; and that it would 
be _ unwise to refuse a permanent acquisition, 
which will eiiat as knig as the globe rem^oB, 
on account of a temporary institution." 

Jan. IZth. — Mr. Cave Johnson of Teno. 
moved that all fUrther debate on this sub- 
ject be closed at 2 p. m. on Thursday next. 
Carried — Yeas, 126 ; Nays, 57 ; (nearly all 
the Nays from Slave States). 

Jan. 25(ft.— The debate, after an exten- 
sion of time, was at length brought to a 
close, and the Joint Resolution taken out of 
Committee, and reported to the House in the 
following form ; (that portion relating to 
Slavery, haviM; been added in Committee, 
on motion of Mr. Milton Brown (Whig) of 
Tennessee : 



ight fully belonging ti 

Republic of Texas, may tte erected into a uew 
State, to be called the State of Texas, with a 
republican form oi government, to ho adopted 
by the people of a^d republio, by deputies in 

.._.. l.i _.•„. ,u„ . ^f jijg 

" a. Aad be U farther reiolved. That the fore- 

Eoing consent of Conerese ie given upon the fol. 
iwing conditions, and with the following guuran- 

" First. Said State to be formed, suhiect to the 
adjustment by tbis Govemment of all queationi 
of boundary that may ariae with other govern- 



wGoogle 



THE STRUGGLE FOE SLAVERY RESTRICTION. 



mente; and the Constitution tliereor, with the 
proper evidence of its Adoption by tlie people pt 
Bdd Bepiiblio of VeiM. Ghoil be tianBinitted to 
tbe Presideot of the United Statea, to bo Idid 
brfore Congress for ile flnel action, on or before 
the lit day of Janoarj, 1846. 

"Second. Said State, wben admitted iota the 
Union, after ceding to the Doited States all pub- 
lic edifices, fortifications, barracks, porta, and 
harbors, navy and navy-yarde, docks, magszlnee 
anna, aimamenta. and all other property ani 

slftbe public funds, debts, 
every kind which ms^ belong 



IBbliC: 






e due 
9 lying 



all tlie . , . , 

within ita limits, to be applied to the pa^ 
of the debts and liabilities of aaid Repnblio of 
Terns i and the residue of aaid lands, after dis- 
ohftrgiog aaid debts and liabilitiea, to ho disposed 
of as said Slate may direet; but in no Bveut 
are eaid debts and liabilities lo become a charge 
upon the United States. 

"Third. Nfiw States of oonvenienb aiso, not 
■p in additioti 



teof 



le four in i 
Texas, and 






sufficif 



may hereafter, by the consent of said State, bo 



rt of the Territo 



'.SI' 






1 under ( 






a ofeMdTerr 



be entitled to admissi 
the Federal ConeUti 
may be formed out o 

tory, lying south oi uuriy-sii ue^'rees luin 
minutes north latitude, commonly known as th 
Hjsaouri Compromiae line, shall be admitted int 
Uie Union, with or without Slavery, as the peopl 
of eaob State asking admisaien may de«ire ; and 
in auch State or States aa shall tie formed ont of 
■aid Teriitory, north of amd Miseouii Compro- 
mise line, Slavery or involuntary aeivitude (ei- 
oept for crime) shall be prohibited." 

Mr. Cave Jolmson of TeoD. moved the 
previooa qneation, which the H6use seconded 
— Teas 113; Naja 106— and then the 
wnendment aforesaid was agreed to — Teas 
118;Najsl01. 

Teiis, 114 Democrats, and Messrs. Milton 
Brown of Tenn., James Dellet of Ala., and 
Diincan L. Clinch aod Ales. H. Stephei 
of Ga. (4), Sonthern Whigs. 

Nays, all the Whigs present from Free 
States, with all from Slave States, but the 
four just named ; with the following Demo- 
crats from Free States 
Mi.tHE._Robert P. Dnnlap, Hannibal Hamliu 

Vermon 

New-H. 

Cos KECTi CUT .—George S. Callin— 1, 

New-York.— Joaeph H. Anderson, Charlea S. 
Beuton, Jeremiah E. Cnr^. Amasa Dana, Kich- 
ard D. Davia, Byram Green, Proslon Kine, 
Smith M. Purdy, George Rathbnn, Ofvilla Rob- 
inaoD, David L. Seymour, Lemuel Stetson — 19. 

Onto.— Jacob Brinckerhoff, William C. He- 
Caualen, Joaeph Morris. Henry St. Jobn— 4. 

MicHiGiM.— James B. Hunt, Robert McClcl- 
!£id-S. 

Total Democrats from Free Statea, 23. 
" Whigs from Freo and Slave 

States, 78. 

The House then ordered the whole propo- 
Ktion to a third reading fortiiwith — Teas 
120 ; Najs 97— and passed it hyTeaa 120 
Sftjs 98. 



Yens, all the Democrats Itom Slave States, 
and all the Democrats from Free States, ei- 
cept as helow ; with Messrs. Duncan L. 
Clinch, Milton Brown, James Dellet, Wil- 
loughby Newton, of Ta. (who therefrom 
turned Democrat), and Alex. H, Stephens 
of Ga. (now Democrat), from Slare States. 

Ifays, all the Whigs from Free States; 
all those from Slave States except as above ; 
with tho following Democrats from Free 
States, viz. : 



Preston King', Smith M. Purdy, George Ratbbun, 
Lemuel Stetson, Horaoe Wheaton, David L. 



s K Hunt, Robert McClel- 

Total Democrats from Free States 23. 

So the resolve passed the House, and was 
sent to the Senate for concnrrence. 

In Senate, several attempt^ to originate 
action in favor of Annexation were made 
at this session, but nothing came of them. 

JFeh. 24[A. The joint resolution aforesaid 
from the House was taken np for coosidera^ 
tion by 30 Teas to 11 Nays (all Northern 
Whi^). On the 27th, Mr. Walker of Wis. 
moved to add an alternative proposition, 
contemplating negotiation as the means of 
effecting the meditated end. 

Mr. Foster (Whig) of Tenn. proposed the 
following ; 

" And vrssided farther. That in fimng Iho 
:pteaely atipulated and declared, that the 



State of Texas, and such other Stati 
formed out of that portion of the preaei 

ofTeias lying south of tblrty-sii deg. ^ 

_^_i.i_ ,^L-^..3- ^ --ily known as the M 

Ll ha Di^mEll^n^ in 



irij-m 






north ll 

Compremise line, eijall b- — _ 

Union with or without Slavery, as the people of 
each State, ao hereafter askin); admisaien, may 
desire : And prorided furtkerraore, That it shall 
be also atipulated and declared, that the public 
debt of Teias ahall in no event become a charge 
upon the government of the United States." 

The question was first, taken on the first 
(Siaverj) proviso of the foregoing, which 
was defeated, by Teas and Nays, as fol- 

YEAS—For Ike Slavery Proviso : 

Messrs. Archer, Va. Jarnagin, Tenn, 

Barrow. La. John^n, La. 

Bayard, Del, Mangom, N.C. 

Berrien, Ga. Mernok, Md. 

Clayiun. Del. Morehead, Ky. 
Crittenden, Ky. Pearce, Md. 

Foster, Tenn. Phelps, Vt 

Hatinegaa, Ind. Eives. Va. 
Hager, S. C. «eB«r, Ark.— 18. 

Ail Wiiga but three (ji Italics). 



.Google 



THE ANNEXATION OP TEXAS. 



NA YS — Against the Slavery Proviso ; 

UeBBra. Alien, Ohio. Francis, R. 1. 

Ashley, Ark. Haywixid, N. C, 

Alctiaon.r- "—^ "^-- 

Atherton, !,,_ 
Uagby, Ala. 

Bates, Matta. McDuffie, 8. C. 

BoQtoD, Mo. Miller, N. Y. 

Breese, Ind. Niles, Conn. 

Buchanan, Pa. Porter, La. 

Choate. Mosa. Semple, 111. 

Colquitt, Go. Sturgeon, Pa. 

Dajlon. N. J. TappaD, Ohio. 

Di«kinaoa,N.T, Upham, Vt 

Dii,N. ¥. Walkar.Wis. 
-- Wta, Ind. 



The oth^ branch of the amendment was 
voted down. Teaa, 20 (Whigaj ; Nays, 31 
(25 Democrats and 6 Wbiss) . 

Various amendments ■were proposed and 
TOled down. Among them, Mr. Foster, of 
Tenn., moved aa espress etipulation that 
SlaTery should be tolerated in all States 
formed ont of the Territory of Texaa, south 
of the Missouri line of 36° 30'. Eejected— 
Teas, IG (Southern Wh^, and Sevier of 
Arkansas) ; Naya, 33. 

Mr. Miller, of N. J., moved to strike out 
oli after the enacting claose, and insert ; 

"That the President of the United States he, 
and he hereby is. authorized and advised to open 
negotiations with Hoiico and Texas, for the ad- 
justment of bonnderies, and tbe anuexation of 
the latter to the United Slates, on the following 

"L The boundary of the anneied forriloryto 
be in the deaort prurie weat of the Nueces, and 
aloti^ the highLanda and mountain heights ivbieb 
divide the wsteis of tlie Mississippi from tbe 
water) of the Rio del Korte, and to latitude forty- 
two decrees north- 

"IL The people of Teiaa, by a legislative act, 
or by any authentic act which ahowa the will of 

"III. A State lo he called 'the State of Terss,' 
with boundaries fixed by herself, and an extent 
not eioeeding the largest State of the Union, he 
admitted into the Cnion, by virtue of this act, on 



called 'the 






ind diapoaf 
heir Tcrri 
Southwest Territory.' 
"■" """" "~ ' — e of Slavery to be forever 
ihem and northweslera part 
id Territflry, west of the lOOth degree of lati- 
tnde west froai Greenwich, 60 ea to divide, as 
equally as may be, the whole of the anneied 
country between elaveholding and non-atave- 
bolding StnlCB. 

"VI. The BBsent ot Mexico fo be obtained by 
treaty lo such annexatiou and boundary, or to 
be iliepenBed with when the Coagreas of the 
United Slates may deem sucb Bsaent to be unite- 

"Vn. Other delaila of tbe annexation to be 
adjusted by treaty, ho far as tbe same may come 
Within the scope of the treaty- making power." 

Eejepted by the following- vote ; 
YEAS— For Mr. MitlerS Sabstitiae: 



CboBle of Maaa. Miller of N. J, 

Crittenden of Ky. Phelpe of Vt 

Dayton of N. J. Unham of VL 
Woodbridge of Mich.— 11 (all Whigs). 

NAYS— Against Mr. Miller's SubstitnU: 

Ueaars. Allen, Ohio. Haywood, N. C. 

Aahley, ArK. Henderson, Miaa. 

Atohiaon, Mo. Huger, 8- C. 

Atherton, N. H. Jamagio, Tenn. 

Bagby, Ala. Johnson. La. 

Barrow, La. Lewis, Ala. 

Benton. Mo. McDuffie, 8. C. 

Breese, Ind. Merrick, Hd. 

Buchanan. Fa. Nilee, Conn. 

Clayton, Del, Pearce, MJ. 

Colquitt, Ga. Rivea, Va. 

Dickinson, N.T. Semple, 111, 

,.t- », ^. . ---iSr.Ark 



Fairfield, Me. 


Sturgeon. Pa- 


FoBtor, Tenn. 


Tannan. Ohio. 


■Woodbury. N. H.— 33. 


The Walker amendmcn*-'''"™-''' "•>= 


ried, by Teas 27, to Nay 


25, as follows 


YEAS-For Walker 






Haywood. 


' Ashley, 




Atchison, 


Huger, 


Atberton, 


Jo?naon, 


Bagby, 


Lewis, 


Benton, 


McDuffie, 


Brt«8e, 


Merrick, 


Buchanan, 


Niles, 


Dii, 


Semple, 


Sevier, 
, Sturg^n, 


Fairfield, 


Tapuan, 


Hannegan. 


wJirker. 


Woodbury- 


-27. 



NAYS— Against Walker's Amendment : 

Messrs. Archer, Hnntmgton, 

Barrow, Jamagm, 

Bates. Uangum, 

Bayard, Miller, 

Berrien, Morehead, 

Choate, Pearce, 

Clayton, Phelps, 

Crittenden, Porter, 

Dayton, Bives. 

Evans, Simmons, 

Foster, Upham, 

Francis, White, 
Woodbridge— 25. 

The resolution as thus amended was adopt 
ed {Feb. 27,) by Teas and Nays as follows ; 



YEAS— For the Propositio. 

Messrs. Allen, Haywood, 

Ashley, Hendernnij 

Atchiaon, Huger, 

Atherton, JoftrtKOJtt 

Bagliy, Lewis, , 

Benton, HcDnffie, 

BrcesB, Merrick, 

Bnchanaa, Niles, 

Colquitt, Semjile, 

Dickinson, Sevior, 

Dii, Sturgeon, 

Ffurfield, Tappan, 

Haunegan, Walker, 
Woodbury— 26, 

[Teas — AH Democrats but three in itdict, 
of whom Messrs. Henderson and Meriidc 
have since been Democrats.] 



.Google 



THE STEUGGLE FOR SLAVERY RESTKIGTION. 



NAYS — Against t'le proposed Annexation: 

Messrs. Archer, Huntioj^on, 

Bates, Mfingum, 

Bayard, Ji tiler. 

Berrien, Morehead, 

Cfaoate, Penrce, 

ClaytoQ, FbeLps, 

Crittenden, Porter, 

Dayton, Bivee, 

Evaoe, Bimmone, 

PoBter, Upham, 

FtaQoig, WhLte, 
WovHibridge-SS— [ail Whigs], 

The joint resolve being thus returned to 
the House oa amended by the Seoftte, a vote 
was almost itnmediatelj' taken on concurring, 
and the Bmendment of the Senate was assent- 
ed to— Teas, 13i ; Nays. 77. [A strict par- 
ty vote, except that Mr. Dellet of Alabama, 
(Whig) voted in the majority]. So the An- 
nexation of Texas was decreed, and in the 
following terms : 



. inlh of thirljBis deeises thirty niinntea north 

promise line, ^nil be admitted into the Uniim 
-—■'■ >r without Slarerj, ua the people of eeeh 
asking adoiissian mav desire. And in aucb 
State or gta^ea as shall be formed out of sud ter 
lory north of said Missouri Compromise line, 
lavery or involuntary sorvitude (eioept fot 
rime) shell be [nnhibited. 



"Seiolred, by ike Senate and Hiyase of Rep- 
iKMatimt of the United States in Cangreiii 
istanbkd. That ConKres9 dotb consent that the 
"itfliy propa.'" ' f > ■ — ■.■-^- — j -j ...<■_.._ 
dueiDK to, 

_. .!ted mtoa .._ , ._ ... ._. . 

of 3'&Eai,.with a Republican fenn of ffoveniment, 
to be adopted by tbe people of s«d Bepublic, by 
deputJosiD coorentioa assembled, with tlie cou- 
ftent of theexiatingeoveramei^ ia order that the 
(ame nvny In admitted as one of tin States of 

" Sec. a.' And be ie further resoled. That the 
foregoing consent of Congress is given upon the 
following conditions, and with the following gHar- 

" First. Said State to be formed, subject to the 
adjustment by this Government of all question! 
of boBndaiT that may " 



proi 



nif tha oonstitutioD thereof, with the 
opor evidence of ila aiiopUon by the people of 
BBid Sepublio of Texas, saall be transmitted to 
the I'resident of the United States, to be laid be- 
fore Congress for its final action, on or before tho 
first day of January, one thouuuid eight hun- 
dred and fortrsii. 

"Second. Said State, whoa admitted into the 
WUH, aftor ceding to the United States all pnb- 
lio edifices, fortiScations, buracbs, ports, and 
harbors, navy and dbtt yards, dooka, magaiines, 
annSi armaments, and all otlier property and 
means port^ning to the pulilio delenso, belong- 
ing to the said fimublie of Texas, ahaU retain Si 
the public Enuds, debts, laios, and dues of every 
hind which may beiaog to, or bo due or owing sud 
Kopublio : and shall also retain all the vacant or 
unappropriated lands lyine within its limits, to Ije 
applied to (he payment of the debts and liabilities 
ofsaidRepubhoof Texas; and the 
said lauds, afl:er discharging said d( 
bilitiee, to become a cbarge upoa 

" Tkird. Sew States of convenie.. 
exceedine; four in number, in addition to the said 
State of Texas, and havingeuffident [ 
may hereafter, by the Oonseut of sejc 
formed out of the territory thereof. wlii< 
entitled to admission onder the provii 
Federal Constitalion; and such States ... . .. 

(bnoedout of that portion of siud terri'or^ lymg 



'Wii 



"■! 



' And be it farther resoUed, That if the Presi- 

it of the United Htate? ebsll, in his judgment 

1 disoreiJon, deem It most advisable, instead 

proceeding to submit the foregoing reeolu- 

— jto the r^uhlic of Texas, as an overture oti 

tbe part of tbe United States, for admission, to 

negotiate with tbat Bepublic ; then, 

" Be it resolved. That a Stale to be formed out 
of the present Bepublio of Texas, with suitable 
extent and bouuduies, and with two representa- 
tives in Congrcsa, until the next apportionment 
of representation, shall be admitted into the 
Union by virtue of this act. on an equal footing 
with (be eiistlng States, as soon as the terms and 
conditions of such admission, and tbe cEssion 
of the remaining Texan territory to the United 
States, shall be agiced npon by the Goveramenta 
of Texas and the United States. 

"And be it fwtber enacted. That the sum of 
one hundred thonsand dollars be, and the eame 
is hereby, appropriated to defray the expenses 
of missions and negotiadonB, tu agree noon the 
terms of said a^oission and cession, either by 
treaty to be submitted to the Senate, or by arti- 
cles to be submitted to the two Houses of Con- 
gress, aa the President may direct. 

" Approved, March 2, 1843." 

XI. 



Texas having been aonesed during the 
summer of 1845, ia pursuance of the forego- 
ing joint resolution of the two Houeea of 
Congress, a portion of the United States 
Army, under Gen, Taylor, was, early in the 
Spring of 1846, moved down to the east 
bank of the Eio Grande del Norte, clwm- 



[dting in war between the/ 
TJnilfid Slates and Mexico. 

It was early thereafter deemed advisable 
that a considerable sum should be placed by 
Congress at the President's disposal, to ne- 
gotiate an advant^^us Treaty of Peace 
and Limits with the Mexican goverument. 
A Message to this effect was submitted by 
President Poilt to Congress, August 8th, 
1846. and a hill in accordance with its sug- 
gestions laid before the House, which pro- 
ceeded to consider tbe subject in Committee 
oftheWhole. The bill appropriating $30,000 
for immediate nse in negotiatioDS with Mexi- 
co, and placing $2,000,000 more at the dis- 
posal of the President, to be employed in 
making peace, Mr. David Wilmot, of Pa., 
after consnitalJon with other Northern Demo- 
crats, offerai the following Proviso, in ad- 
dition to the first section of the bill : 



wGoogle 



THE WILMOT PEOVISO. 



45 



&om the BepnblicofMelico by the United States, 
by virtue of any treaty which may be negotiateil 
between them, and to the aae by the Executive 
of tlie moneys herein appropriated, neither 
Slavery nor involnntsiy SErvitudo Bhttll over ci- 

vrhoreof the party Ebali first be duly convicted." 
This proviso was carried in Oommitfee, 
by the strong Tote of eighty-three to sisty- 
foor — only three Members (Democrats) from 
the Free States, it was said, opposing it. 

tNo record is made of Jndividnal vot^ in 
!ommitl«e of the Whole.] The bill was 
then reported to the House, aod Mr. Ea,th- 
bnn of N. T. moved the previons question 
on its engrossment. 

Mr. Tibbatta of Ky. moved that it do 
lie on the table Defeated — Teas 19; 
[Stephen A. Douglas, John A. McCIer- 
iiand, Joho Pettit, and Robert 0. Schenck, 
voting with the South to lay on the table] ; 
Nays 93 ; [Hearj Grider and William P. 
Thomasson of Ky. (Whigs) voting with the 
North against it]. 

The bill was then engrossed for its third 
reading by Yeas 85, Nays 80 i and thus 
passed without further division. A motion 
to reconsider was Imd on the table — Yeaa 
71 ; Naya 83. So the bill was passed and 
sent tfl the Senate, where Mr. Dixon H. 
liCwis of Ala. moved that the Proviso 
above cited be stricken out ; on which de- 
bale arose, and Mr. John Davis if Mass. 
was spealting when, at noon of Angust 10th; 
the time fixed for adjournment having ar- 
rived, both Honses adjourned without day. 

[Note. — We do not give the Teas and Nays 
on the diviejone juet above, the HoDae having 
heen quite thin when they were taken, and 
Northern Membera voting with the South 
hoatility to the whole project of buying either 
peace or territory. Generally, however, the vi 
run much as former divisions would lead one 
fife<± Mr. Stephen A. Douglas, and 80i 
other friends of the original hill, voted againal 
at every etage ait«r the Proviso was added.) 

The XXXth Congresa assembled Dec. 
184'!. 

Feb. 2Btk. 1848, Mr. PutnaM of N. York 
moved the following : 

" Wkeitai, Iq Iho aeUlement of the difflonlties 
pending between thia oonntryand Meiieo, lerri- 
lory may be aeqnired in which Slavery does not 

"And loJenM*, Consress, in the organiiatioo 
of a territorial government, at on early period of 
onr political history, ealablinbed a principle worthy 



iatence of Slavery ii 

" ffeaolved. That 

aeqnired from Meii 



bidding the 
I free lorriiory ; Therefore, 
in any territory, that may be 
;o,' over which diall ba estab. 
ernmenta, Slavery, or involun. 



Mr. R. Brodhead of Penn. moved tbat this 
resolution lie on the table. Curried ; Yeaa, 
105 ; Nays, 93. 

[Teas—all the members from Slave States, 
but John W. Houston (Whig), of Delaware, 
with the following from Free States (ail 
Democrats but Levin) : 






W. H.Clapp, Franklin Clark, Jas. 



on. Frederick W. Lord, William B. Maclay— 4. 
pKSjisri.VANi*. — liichard Brodhend, Charles 
Irown, Lcwij C. Levin, Job Maun-^.. 
Ohio.— William Kennoii, jr., John K. Miller, 
liomas Richey, William Sawyer— 4. 
iMDijmi. — Charles W. Catheart, Thomas J. 
Henley, John Petltl, John L. RobinBoo, William 
"' Wick— 5. 

_ LL I Nius.— Orlando B. Ficklin. John A. Mc- 
Clrauand, William A. Bichardson, Kobert Smith, 
"■'lomaa J.Tumer— 5. 

Nays — all the Whigs and a large majority 
of the Democrats from Free States, wim 
John W. Houston aforesaid. 

This vote terminated all direct action in 
favor of the Wilmot proviso for that Sea- 

Jjdy ISrt.— In Senate, Mr. Clayton of 
Del., from the Select Committee to which 
was referred, on the 12th inst., the bill pro- 
viding a territorial government for Oregon, 
reported a bill to establish Territorial gov- 
ernments for Oregon, New Mesico, and Cali- 
fornia, which was read. [It proposed to 
submit all questions as to the rightfol exist- 
ence or extent of Slavery in the Tecritoriea 
to the decision of the Supreme Court of the 
United States.] 



Of said bill aa relates to California and New 
Mexico. Rejected; Yeas, 17 (Northern 
Free Soil men (rf both parties) ; Nays, 37. 

The bill was discussed through several 
succeeding days. On the 26th, Mr. Clarke 
of B. I. moved to add to the 6tii section ; 

" Frovided, heaeser, That no law, regulation, or 
act of the proviuoual {covemm^t of eaid Territcry 
permitting Slavery or iovolnntaryservitade there- 



Eejected ; Teas, 19 [Col. Benton, and 
18 Northern Freeaoilers of both parties] j 
Nays, 33. 

Mr. Reverdy Johnson of Md. moved to 
amend the bill by inserting — 

" Except only, that in all caaee of title to Slaves, 
the said writs of error or appeals ah Jl be allowed 
and decided by the said Supreme Court without 
regard to the value of the matter, property, or 
title in eontroveray ; and eicept, also, that a writ 
of error or appeal shall else he allowed to the Su. 
preme Court of the United States from the decision 
of the said Supreme Court crested by this act, or 
of any judRe thereof, or of the district Courts crea- 



itof 



Caniedr Yeas, 31 (all sorts); Nays, 19 



.Google 



THE STRUGGLE FOB SLAVERY RESTRICTION. 



(all Southern, but Bright, Dickinaon, and 
Hannegan) . ' 

Mr. Baldwin of Conn, moved an additional 
section, as follows : 

" Skc, 37. And 6e it further enacted. Thdt it 
Btaall be the dnty of the uttoTDeTa for said Torri- 
toiics, respectively, on lie complaint of any per- 
son bold in invaluutary Borrilndethei^n, lo make 
application in his behalf in due fonn of law. to 
the court next theroaitei to be holdea in said Ter- 
ritory, for a, writ of hubeBs carpus, to be directed 



real to be taken there^m, and tho record of all 
the proceedingB in tbe case Ui be transmitted to 
the Supreme Court of tbe United Statea as epeedil; 
as may be, and to give notice thereof to ibe At- 
torney General of Ihe Uoited States, nbo Bhall 
prosecute the same before sdd Court, nho eball 
proceed to hear and detennine the same at the 
niBt term thereof." 

Yeas, 15 (all Northern, except Benton) : 
Kajs, 31. 

Mr. Davis of Mass, moved to strike out 
section 12, and insert as follows : 

" Sec. lii. And he it farther enacted. That so 
much of tho siith section of the ordinance of tbe 
13lb July^ 1787, sa is contained in the foUowmg 
words ; vni : ' There shall be neither Slavery nor 
Involuntary flervilude in the said Temtoiy, 
otherwise than in the pnnishment of crimes, 
whereof tbe party shall have been duly convict- 
ed,' shall be and remiun in force in the Territory 
of Oregon." 

This was defeated ; Yeas, SI ; Nays, 33, as 
follows : 

YEAS~For the Slavery Prokibilion : 

Meaera. Allen, Ohio. Dodee, Wise. 

AtheTton,N. H. Peleh, Mich. 

Baldwin. Uonn. Fitzgerald, Mich. 

Benton, Mo- Greene, U, I, 

Bradhury, Mo. Hale, N. H. 

Clarke, R. I. Hamlin, Me. 

Corwin, Ohio, Miller, N. J. 

Davis, Mae& Niles, Cona. 



e,DeL 



Walker, Wis.—! 



NAYS^Against the Slavery Prohibition: 

Mesui. Atchison, Mo- Houston, Texos- 

Badger, N. C. Hunter, Va. 

BoU.Tenn. Johnson, Md. 

Berrien, Ga. Johnson, 1m. 

Borland, Ark. Johnson, Ga. 

Breese, III Kiai;, Ala. 

Bright, Ind. Lewis, Ala, 

Butler, S. C. Man gum, N. C. 

Calhoun, S. C. Mason, Va. 

Clayton, Del. Melcalf, Ky. 

Davis, Miss. Knsk, Teias, 

DickinsoD, N. Y. Sebastian, Ark. 

Douglas. III. StDi^eon. Fa. . 

Downs, La. Tumoy, Tenn. 

Foote, Miss- Underwood. Ky. 

Hannegan, fnd. Westcolt, Fla. 
Tnlee~3a. 

The bill was then engrossed for a third 
readily J Teas, 33; Nays, 22; as fol- 
Iowb: 



YEAS~For Cloijlon's Compromixs 



Messrs. Atchisc 



Berrien 


Johnson', La.' 


Borland, 


Johnson, Ga. 




King, 


BrTSt,' 
Butler, 


Lewis, 


MangU, 


Calhoun, 




Clayton, 


Phelps', 


Davis, Mies. 


Eusk, ; 


Diokinsoo, 




Douglas, 




Downs, 


Sturgeon, 


Foole, 


Turney, 


Hannegan, 


Westcolt 


Yiilee-33. 


JAYS—J^ain 


St Clayton's hU 


Allen, 


Felch, 


Badger, 


Fitzgerald, 




Greene, 


Bell, ' 


Hale. 


Bradbury, 


Hamlin, 


Clarke, 


Metealf, 


Corwin, 


Milter, 


Davis, Mass. 


Niles. 


Dayton, 




Dii, 

Dodge, 


wSkS^j. 



So the biil was engrossed, and immedi- 
ately passed without a division. 



Jxdy 2S(A.— This'bill reached the House, 
and WH3 taken'up and read twice. 

Mr. Linn Boyd of Ky. moved it to a 
Committee of the Whole on the Stale of the 

Mr. C. B. Smith of Ind. moved and ob- 
tabed a call of tlie. House, when all but 
eighteen Members responded. 

Mr. A. H. Stephens of Ga. moved that 
the bill do lie on the table. Teas and Nays 
ordered, and the motion prevailed ; Teas, 
112 ; Nays, 97. 

Teas all the Free State "Whigs, with, tha 
following Whigs from Slave States : 



RGiA.— Alei. H. Stephens— 1. 
TUCKi. — Green Adams, Aylcti 
B. Thompson — 3. 
NEssKE.— John H. Crozier — 1. 



Maine.— Asa W. H. Clapp, David H 
llphraitn K. Smart, James S. Wiley — 4. 
New-Hampshihe.— Charles H. Peaalee— 1. 
Vermont. — Lncina B- Peck — 1. 
Rhode iBtASn.- Benjamin B. ThuratoD— L 
'Yo BE.— William Cullins.Timothy Jen- 






0. Strong, James Thomp- 
1, George Fries, Samuel 



son, David Wihnot— 3. 

Ohio.— Jamea J. Farai 
Lahm. Jonathan D- Mon 

iNDjAifA. — Thomas J. Uenley_l. 

iLLiBois.— Robert 8nuth,JdhaWeQ(worth-2. 



.Google 



THE WlLMOT PROVISO. 



MlCHiCAH,— Kinsley 8. BiEgham, Robert 
McCieiland, Cbarles K. Stuart— 3. 

WiscoBsizt.— Masou C. Darling, William PJtt ; 
Lyndo— 2. 

Iow*.T-WillJBin TUompaoa-l. 

Total Democrats from Free States — 30. 

Total Whiga from Free States— 74. 

Nays, 21 Detnocrala from Free S 
witU 76 Democrats and Whigs from 
States. 

Mr. Pollock of Pa. moved that this vote 
be recoasidered, and that the motion to re- 
consider do lie OQ the table ; which prevailed 
—Teas, 113 ; Nays, 96. (Tote same as be- 
fore, e-xcept that Mr. Franklin Olark of 
Mmne changed from the minority to the 
majority.) 

So Mr, Clayton's project of Compromise 
was defeated. 

GEN. CASS'S NICHOLSON LETTER. 
Immediately after the adjouromeot of 
Congress, in 18i7, Gen. Cass waa currently 
reported to have expressed his favorable 
opinion of the Wilmot Proviso, and his i 
gret that Mr. Davis's untimely remarks 
the Senate had deprived him (Cass) of 
opportunityof recording his vote in its favor. 
This remark he was said to have made ' 
railroad car, on his homeward journey from 
Washington, If such a position were taken 
by him. however, it waa not long maintained 
as the following letter from his pen appeared 
during the winter of 1847-8, and proved a 
prelude to the nominalion of the writer for 
President, by the Democratic National Con- 
vention which assembled at Baltimore in the 
spring of 1848. It may be regarded as the 
first logical and well-considered enunciation 
of the doctrine of " Squatter Sovereignty." 

Gen. Cass to A. O. P. Nidwlson. 

WiSHiNQToN. Dec 21. 1817. 

Deak Sia, — I have received your letter, and 
shall aOBweP it as frankly as it ie written. 

You ask me whether I am in favor of the ae- 
quisllion of Mexioim ferritory, and what ara my 
seniimenta with regard to the Wilmot Proviso. 

r 1 ,j| often and ao eiplicifly stated my 



■» of Uio first questioi 
la almost nun 



□ the Senate, fJ 






to Hexioo, till a reuoaable'indeninlty is 
ibr the injuries which she has done us. The te 
ritorial extent of this indemnity is, in the Srat 
insttmce, a suUect of Executive conaideralion. 
There the Constitution has placed it, and there I 
am williQs; to leave it : not only becaufle I have 
full conSdence in il< judidous eierdse, bat be- 
cause, in the ever-vorjiiig circumBtances of a war, 
it would be indiscreet, by a public declaration, 
to commit the coantry to any une of indemnity, 
which mifrbt otherwise be barged, as the obsU. 
nate injustice of (be enemy prolongs the contest. 

It appears to me. that the kind of motapbysical 
maKoaaimity which would r^cct all indemnity , 
at the close of a bloody and eipcnsivo war, 
brou;^ht on by a direct attack upon our troops by 
the enemy, and preceded by a euceesaion of unjust ' 



aots for a series of years, is as nnworlliy of the 
age in wbich we live, as it is revolting to the 
common seuHc and practice of mankind. It would 
conduce but little to our future security, or, in. 
deed, to our present reputation, to declare that 
we repndittte all eipeetation of compensation from 
the Mexican Oovemment, and ifte fighting, not 
ibr any practical reaaU, but for some vague, per- 
haps philauairoplc olgect, which escapes my 
penetration, and must be defined by those who 

well by the statesman as by the pbilanlliropiat. 
They are great evils ; but there are greater evils 
thsji theee, and submission to injustice is among 
iliem. The nation which should refuse to defend 
its rights and its honor, when assailed, would 
soon have neither to defend: and, when driven to 
war, it is not by professions of disinlerestedoass 
and deolnrationa of magnanimity thai its rational 
objects can be best obtained, or other nations 
taught « IflBBon of forbearance — thb sb'ongest se- 
curity for permanent peace. We are at war with 
Mexico, end Its vigorous prosecution ia the surest 
means of its speedy Icrmmatioi/, and ample in. 
demnity tlio surest guaranty ae^nst the recm'- 
rence of such injustice as provoked it 

The Wilmot Proviso has been before the coun- 
try some time. It has been repeatedly discussed 
in Congress, and by the public Press. ' — 



this subject, injnyown ai 
tbnt douT)lg ste resolving th 



biio mind njSin 

tu as others ; and 

themselves into convic- 

_., ,..jciple it iovolvHS should bo kept 

out of the National Legislature, and left to the 
people of the confederacy in their respective local 

The whole subject is a comprehensive one, and 
fi-uitful of important consequences. It would be 
iU.timed to discuss it here. I shsll not ttssnme 
that responsible task, but shall con^ne myself to 
such general views as ore aeoeasary to the (ait 
exhibition of my opinions. 

We may well regret the aiistenee of Slavery in 
the Southeni 'States, and wish they had been 
saved from its introduction. But there it is, not 
by the nctof lhepre»int generation; and we must 
deal with it as a great pracUcal question, inrolv- 
ing the most momentous conseqaeneea. We have 
neither the right nor the power to touch it where 
it exists; and if wo had both, th«r exercise, by 
any means beretofbre su^ested. might lead tc 
results which no wise man would willingly en 
... — .1 _i.;,i, — g,^ man could coniem 



late without 

The theory 

tbnt its varioi 

solve ' 



IB members hi 



oment presuppo 
e reserved to ' ■ 



what may be Termed iheit internal police 

*— eign within their boundaries, except in 

__jes where they have surrendered to the 

General Govemmrait a portion of their rights, in 
order to give effect to the i^t^ecta of the Uuioiif 
whether these concern foreign nations or the seve- 
themselves. Local institutions, if I 



pnbUc, are left to local sutbority. eitbfa- original 
— derivative. CongI^ess has no right to say that 
sre shall be l^lavery in New -York, or that there 
all be no Slavery in Geoi^a ; nor is there any 
other human power, but the people of tbose States, 
respectively, which can change the rf'-' 



.. , and they can say, if they will. We 
Uavery in tho former, and we will 
the latter. 

_ B respecM, the Territories differ from 

(be States. Some of thwr rights are inchoate, and 

they do not possesB the peculiar attributes of 

ireignty. Their relation to the General Gov- 



wGoogle 



THE STRUGGLE FOK SLATERT MBTRICTION. 



wnment is Ter7 [mporfectly defined by tlio Con- 
•litalioQ ; and it will he foard, upon Maiiiination, 
thnt in tbnt inatrument the onW grant of power 
concerning them is conveyed m the phrnso. 
" CongreBB shall have the power to djapoee of and 
make all needful ruleB and reguWiorie. respecting 
the ferriCory and other property belonRing to the 
United States." Cortflinly fliis phraeeulogy is 
Tery loose, if it were designed to ioolude in the 
grani the whole power of legislof ioa over persons, 
„. — II .. .1,: — Tk. Bipression, the '■ territory 



which the United States may and mnaf posaeM. 

But surely the sinvpfo authority to dispose of 
and resale these does not eilend to the ud- 
limiled power of legislation : to the passnge of all 
iawa, in the most general aereptation of the word i 
which, by-the-by. is carefully eicludod from the 
BSDlence. And, indeed, if this were bo, it would 
t™der unnee«e6Eiry another jiroviaion of theCon- 
Btitntion, which grants to Congress (he power to 
legislate, with fhe consent of tbe Stales, respec- 
tively, over all plaCBs pnrohased for the " erec- 
tion of forte, magazmes, arsenals, dockyards," etc. 
These being the t'proparlf of the United States, 
if tbe power to make " nijedful mloB and regula- 
tions concerning" them includes the general 
power of legislation, then the grant of authority 
*o FMulate " the territory end other *" - 



r subjects 



the tfniled Statea" is unlimited, w! 
are found for its operation, andila 
no auiiliary pr""'"!"" "■ — •!■ 
does not include sucn power oi legisiauon over tne 
"other {rroportj" of the United States, then it 
dooa not inclnilo it over their. '■ territory :" for the 
same terms which grant the one, grant the other. 
" Territory'' is here classed with property, and 
iTOated as such ; and the object was evidently to 
enable the General Qovemment, ae a propmy- 
bolder — which, fiom necessity, it must be^o 
manage, preserve and " diipoie of" sncb property 
as it might posaeaa, and which authority is esseu. 
tial almost to its beiag. Bilt the lives (md persona 
of our oitiiens, with the vast variety of objects 
connected with them, cannot bo oontrollod by an 
authority which ia merely called into ejiistence 
for the purpose of making mlcs and Ttgidalioas 
for the diiposilioa and maJiage^enl of properly. 
Such, it appears to me, woiild be the construc- 
tion put upon this provision of the Constitation, 
wero this qucation now first presented for consid- 
eration, and not controlled by imperious circum- 
stancea. The originBl ordinance of tke CoDorees 
of the Confederation, passed in 1787, and which 
waa the only act upon this subject m for<o at the 
adoption of the Constitution, provided acomplete 
frante of government for the country norLh of 
""" "■"'" —■--'- " a territori ■ '■ 






to StatE 



iotfao 



Dnion. And the peisi ,, 

eontMned within itself all the nocessai? means 
of execution, probably prevented any direct re- 
ference to the anljoct in the CoDStitulion, further 
than vesting in Concress the right to admit the 
States Ibrmod under it into the Union. However, 
oircnmstances arose, which required legislation, 
as well over the territory north of the Ohio aa 
over otbe'r territory, both within and without the 
original Union, ceded to the general Oovemment, 
and, at various times, a more enlBrged power hae 
been exercised over the Territories — meaning 
thereby the dilferent Territorial Govemmenta— 
than is conveyed by the limited grant referred to. 
How far an existing necesaity may have operated 
in producmg this legisktion, and thus extending, 
by rather a violent implioat ion, powers not direct- 
ly ^ven, I know not. Bnt certain it is that the 
pruidple of interEerence should not be-canicd be- 
yond Ibe necessary implicntioD, which prodacea 



it. It ahould be limited (a the creation of proper 
jCOvemmoBla for new Countries, acquired or set- 
tled, and to the nepossary provision for their 

the mean time, to the people inhabiting them, to 
regulate their interna! concema in'tholrown wav. 
They are juat as capable of d mg h p 

pic of the States; and thoy ca d so y 

rate as aoon aa their politi I d pe d 
recogniaedby admission into th U I* B 

this temporary condition, it i h dly ip d I 
.„ „.ii !..<„ :,. . ^o„btf 1 a d 



■Uioriiy, whi 
Bpectable p 



titution, OVOT niost importa 
imon country. For. if the re- 
latio-n of master and servant may be regulated or 
Hnnihilated by its legialation, so may the reguto- 
tion of hnahand and wife, of parent and child, 
and of any other condition which our institutions 
and the habita of onr society reocwnizo. What 
would be thought If Congress ahould undertake 
lo prescribe the terms of marriage in New-York, 
or to regulate the authority of parents over their 
childrenin Pennsylvania I And yet it would ho 
as vain to seek one justifying the interference of 
the national legislature in the coses referred to in 
the original Slates of the Union. I speak here 
of the mherent power of Congress, and do not 
touch the question of such contracts as may he 
formed with new States when admitted into the 
oontbderacy. 

Of all the queaflona that can agitato us, fhoae 
which are merely sectional in their character are 
the most dangerous, and the most to be dcpre- 

character and services and virtue bad tbe best 
right to warn us, proclaimed to his countrymen, 
in his Farewell Address— Uiat monument of wis- 
dom for him, as 1 hope it will be of safety for 
them — how much we nad to apprehend from 
measuroB peculiarly affecting geographical sec- 
tions of our country. Tlie grave eircumstaiices 
in which we are now placed make these words 
words of aafety ; lor I am aatisfled, from all I 
have seen and heard here, that a successful at- 
tempt to engraft tf -—--—•-- - 



the prinraples of tbe Wilmot 
le^slation of this Governmeut, 



Pro viae upon the „ _ _.. 

and ti> apply them lo new territory, should ni 
territory lie ncquu^d, would seriously affect our 
tranquillity. 1 do not suffer myself to foresee ot 
to foretell the conaequenics that would ensue i 
for I trust and believe there is good sense and 



Briefly, then, I am opposed to the oierciae of 
any jurisdiction by ConjfreBa over this mailer; 

territory, which may be hereafter acquired, the 
right to regulate it i<ii themselves, under tbe 
general principles of the Constitution. Bo- 

I do not see in the Constitution any grant of 
the requisite power to Congrees; and 1 am not 
disposed to extend a doobtnil precedent beyond 
its nccessitj-^e estabUshment of territorial 
governments when needed — leaving to the inhabit- 
ants all the rights compatible with the relations 
theybear to the confederation. 

3. Because 1 believe this measure, if adopted, 
would weaken, if not impair, the union of the 
States ; and would sow the seeds of future discord, 
which would grow up and ripen into an abundant 



;of ci 



mity. 



imediato withholding of the supplies, and 



wGoogle 



THE WILMOT PEOVKO. 



fima to It diahonorablo terminalion of Ihe war. I 
think no diapaeMonate nbserver at the soat of 
Government can doabt this result. 

4 Tf, howoTer. in this I em under a miaappre- 
hension, I am under none in the praotical opera- 
tion of Ihie nalriction, if adopted by Conf;reeg, 
upon a treaty of peace, laaking any acquisition 
of Meiioan territory. Such a treaty would lie 
rdected as cartainly as presented to the Senate. 
More than one-third of that body would vote 
against it. viewing anch a priocipla ae an exclu- 
eion of tbe ratizeuB of the slaveholdin^ Statca 
&om a participation in Ihe benefita acquired hy 
the treasure and exertiona of all, and which 
ahouid be comiDon to alJ. 1 am repealing — 
neitlier advancina nor defendii^ theae viewa. 
That branch of the subject doee not lie in my 
way, and I shall not turn aside to seek it. 

In this aapect of the matter, the people of Ihe 
United Stales must chouse between tbisrestric- 
linn «ni) iho l.»^i^^laiou of thclr leTiilorial limits, 
oth ; and which they will aur- 
1 upon their representativeB 
1 then, if these liiil Uiem, upon tfaem- 



■hev cannot t 



lepeopl 



ncwly-aeqoirod territory. TTio well-knoi 
iioutes of Boverwgnty, recognized by ua 
onging lo tbe State Governments, would sweep 
■ — *'iem any aach barrier, and woald leavr 
o to ejLprcse and eiert their will at plea 

_. Ihe object, then, of temporary escliisioi 

for so short a period aa the duration of liie Terri 
tonal Goverumeiiis, worth Ihe price at which i 
it would be puvcbaaein— worth the discord i 
woald engender, Ihe trial to which it would eiposi 
our Union, and the evils that would be Ihe certaii 
consequence, let the trial result as it might? Ai 
to the conrae, which has been inlimat^, rather 
than proposed, of engralUug snch a restriction 
upon any treaty of aequisitlon, I persuade myself 
it would find but little fiivor in any portion of this 
country. Such an arrangement would render 
" '- '--■— anghltoi 



internal inatitutiona in qaeslioos left by the Cl- 
stitution to the Stale GovemmentB, and wonid ii 
fke a eerious blow upon our fundamenlal princ 
pies. Few, iude«d, I liust, there are among a 
who would thus grant (o a foreign power Ihe rigl 
to inquire into tbe constitution and conduct of ih 
sovereign States 6f this Union ; and if there ar 
any, 1 am not among thorn, nor never sbalt tie- T 
the people of this country, nnder God, now an 
hereafter, are its destinies committed i and w 
want no foreign power to interrogate as, treaty i 
hand, and lo say. Why have you done thia, or 
whv have you leit that undone T Oiir own dignity 
and the prmeiplea of national indepondenca Dnllc 
to repel such a proposition. 

Bnt there is another important eonsidBralion, 
which ought not lo be lost wht of; in the In- 
vesligalion of thia sutyect. The qnestion that 

Cresenla itself is not a qneatioQ of the increase, 
at of Ihe diffusion of Slavery. Whether its 
tphere be atationary or progressive, its amount 
will be the earne. The rgection of thia restriction 
will not add one to the class of servitude, nor will 
Its adoption ^ve freedom lo a single being wlio 
is now placed therein. The same numbers will l>e 
spread over ereater territory ; and, so far as com- 
pression, with less abundance of the neceasarics 
of life, ia an evil, so far will that ovil be mitigated 
by transporting slaves to a new country, and giv- 
ing them a larger Space to occupy. 

I say thia in the event of the eilenaioa of Slavery 
over any new acquisition. But caa it go there I 
This may well be donbted. All the descriptions 
which reach ua of the eondition of the Califomiae 
and of New.Meiioo, to the acquiailion of which 



difEcult lo conoeive how we can be— the inhabit- 
ants of those regions, whelh^ tfaey depend upon 
their plows or their herds, cannot be alaveholders. 

largo capital, can only bo profitable when em- 
ployed in Ihe production of a few favored articles 
confined by nature to apecial distriots, and paying 
larger returns than the usual agricultural products 
spread over more oonalderable portions of the 

the able letter of Mr. Buchanan upon Ihia 
«t, not long since given to the public, ha 
_._ _!_!, :i — tiong irith great force. 



aonth of 36° SW, nor indeed of any portion of it, 
North or Sonib, is adapted to Slave labor ; and 
beeide every facility would be Ihere afforded for 
the slave to escape fVoin his master. Such pro- 
perty would be entirely insecure in any port of 
California. It ia morally _ impossible. 1' — ''- 

cbleSy composed of oi 
estabRsh Slavery within i» iimiw. 

" In regard to Now-Melico, east of the Kio 
Grande, the question has already been settled bj 
tbe admission of Texas Into the Union. 

" Should we acquire territory beyond Ihe Rio 
Grande and east of the Rocky Mountains, li is 
still more impossible that a majority of the people 
would consent to re-eiiojiis* Slavery. They are 
themselves a colored population, and among theai 
Ihe negro does not belong socially to a degraded 

With thia last remark, Mr. Walker fully coin- 
cidea in bis letter writfen in 1844, upon the aunei- 
otion of Teias, and which everywhere produced 
so favorable an impression upon the public mind, 
as to have conduced very materially to Ibe ac- 
complishment of that great measure. " Beyond 
the Del Mojia," savs Mr. Walker, " Slavery will 
not pass ; not only because it is forbiddeD by lair. 
but because the colored race there prcponderalea 



the laws of the 
connlry." 

The question, it will be therefore seen on ex- 
amination, does not regard the eiclnsion of Slav- 
ery from a region where it now eiisla, but a pro- 
hibition against its introduction where it doea not 
exist, and where, from the feelings of tbe inhabit- 
ants and tbe laws of nature, " it ia morally im- 
possible," as Mr, Bnchanan soya, that it can 
ever re-establish itself. 

It augurs well tor the permanence of our con- 
fedBralion, (hat during more llian half a century, 
which has elapsed since the establiBhrnent of this 
Oovemment, many serious questions, and aomo 
of Ibe highest importance, have agitated the pub- 



B than 



gravest consequences ; but I 



e threatened (he 



mt or in modern 

lemcnt, when difficult and delicata 

it themselves for solution, Ibere ill 



wGoogle 



60 



THE STRUGGLE FOR SIAVEEY EESTKICTION. 



This conrae of proceeding has diniect us in lalety 
throtgh many ■ trouble, anil I trust will carry ua 
safeiy through many more, should many more be 
deatlBed to umial ns. The Wilmot Proviso ecek« 
to late from its leeitimate IribuQol ft question of 
domestic policy, having no relation to tlie Union, 
as such, tuid to transfer It to another, created by 
the pcnple for a specisl purpose, and foreign to 
the Buiyect matter JnTolred in Ibis iseoe. By 
going bact to our true pnnciplesi we go back to 
the road of peace and safetr. Leave to the oeo- 

Se,wlj 
ifitit upon thmroffu responaibiliiy, an< 



pon thmr ova respon 
nner, and we shall re 



another tribute 



The nest sesaion of the same Coogress 
opened tuder very ^^rent auspices. The 
Mexican War had been terminated, so that 
none could longer be deterred from voting 
for Slavery Exclusion bj a fear that the 
prosecBtion of hostilities would thereby be 
wnbarrassed. General Taylor had been 
elected President, receiving the votes of De- 
laware, Marrland, North Carolina, Georgia, 
Kentucky, Tennessee, Louisiana, and Florida 
— a moiety of the Slaye Stales — over Gen. 
Cass, now the avowed opponent of Slavery 
BeBtriction. Many of the Northern Demo- 
crats considered themselyea absolved by this 
vote from all ejctra-constitotional obligations 
to the South, and voted accordingly. 

Dec. 13.--M:r. J. M. Boot of Ohio, offered 
liie following : 

■' Eesalned, That the Committee on Territories 
be iastructed to report to this House, with as little 
delay se practicable, a bill or trills providing a 
territorial govemoient for each of the Territories 
of New Moiico and California, and eieluding 
Kavery ther^om." 

A eaJl of the House -was had, and the pre- 
vious qnestion ordered. 

Mr. W. P. Hall of Mo. moved that the 
same do lie on the teble. Lost : Yeas, 80 ; 
Nays, r06. 

The resolve then passed : Teas, 108 ; 
Nays, 80, viz. : 

Feai— All the Whim from Free SfaleB, and all 
the Democrats, but those noted as Nays l>eloir, 
Inclndiug the following, who had voted agidsst 
the same principle at the former ee«sion : 

M>iNE,-nAea W. H. Clapp, James 8. Wiley— 2. 

Hew Tobk.— Frederiok W. Lead— 1. 

Ohio.— niomas Eiohey— 1, 

In El ANA.— Charles W Calhcart, Thomaa J. 
Honley, John L. Eobinson, William W. Wick— 4. 

Illinois— Robert Smith— 1. 

Messrs. Clark and H. Willianu of Maine, Bird- 
Soil and Maclay of Mew-Tork, Brodhead and 
Mann of Pa., Patit of Ind., Pieklin and McClel- 
land of III., who voted with the South at the for- 
mer eession- now failed to vote. 

Mr. Jackson of N.Y., who then voted with the 
South, had boeu succeeded by Mr. H. Greeley, 
vto voted witb the North. 

Afovi- All the Members voting from the Slave 
Sifttos, with the following frnm -^-^--- - ■ 

Keiv.Yori.- Honry C 






jll— a. 



—Charles Brown, Charles J. Ih. 
lU K . Miller 



Ohio— William Kcnuon, iun 
William Sawyer— 3. 

Illinois.- William A. EicbardBon— 1. 

lowA,-SUepherd Lefflor— 1. 

Total Nays from Free States— 8. 

Mr. Robinsonof Ind. moveda reconsidera- 
tion of this vote, which motion (Dee. 18), 
on motion of Mr. Wentworth of III., was 
kid on the table : Teas, 105 ; Nays, 83. 

[Messrs. Clapp, Clark, and Wiley of Me., 
voted to lay on the table, aa did Messrs. 
Lord of N. T., Job Mann of Pa., Richey 
of Ohio, Henley and Wick of Indiana, E. 
Smith of III. Messrs. C. Brown and Levin 
of Pa. did not now vote. The rest, very 
much as before, except that a few more 
voted.] 

Dec. 20(A.— Mr. C. B. Smith accordingly 
reported a bill, establishing the Territorial 
Government of Upper California, which was 
read twice and committed. 



Jan. 3 



-He P 



direction. 

Jan. 15(/i. — Mr. Julius Rockwell of Mass. 
moved that these bills be made the special 
order for the 23d inatent. Negatived : Yeas, 
114 {not two-thirda) ; Nays, 71 (nearly a 
sectional vote). 

Feb. 26-ltf..— The bill was taken out of 
committee, and engrossed for a third reading. 

Mr. Meade of "Va. moved that it do lie on 
the table. Negatived : Teas, 86 : Nays, 
127. 

It was then passed by the followbg similar 

Yeas — All the Whigs from the Free 
Slates, with Aylett Buckner (Whig) of Ky„ 
and all the Democrats also, except 

pE Bsi LVANii.— Samuel A. Bridges— 1. 
Ohio.— William Kenoon, inn., John K. Miller, 
William Mawyer— 3. 
Total— 4. 

Nags — All the Members from Slave 
States, except Mr. Buckner aforesaid, with 
the addition of those from Free States jost 
mentioned. 

This biil was read twice in the Senate, 
(Feb. 28th), and referred to the Committee 
on Territories. 

March 3d. — Said Committee was discharg- 
ed from its further consideration, and Mr. 
Douglas moved that it Iwfaken up in Senate, 
which was negatived. Teas, 25 ; Nays, 28 
(all but a sectional vote). That was the 
end of the bill ; the Senate having already 
determined to affix its essential provisions to 
the Civil and Diplomatic Appropriation bill, 
and thus avoid and defeat the Slavery Kxclti- 
sion conteined in the House bill, and force 
the House to agree to organize the Terri- 
tories, ipithma such provision, or leave the 
Government without appropriations. How 
this succeeded, we shall see. 



wGoogle 



THE WILMOT PBOTISO. 



The Civil and Diplomatic Appropriation 
bill having passed the House la the usual 
form, came up Ifl the Senate, where it was de- 
bated aeverai daja. 

Fe6. 21j/.— Mr. Walker of Wise, moved 
So amendment, extending alt tbe laws of the 
tJuited States, so Tar as applicable, to the 
Territories acquired from Mexico. 

Mr. Bel! of Tenn. moved to add farther 
sections or^niziiig tbe State of California, 
to be admitted into the Union on the let of 
October nest. This was rejected : Teas 4 
(Bell, Dodge of Iowa, Douglas, Davis) ; 
Nays 39. 

Feb. 26(A.— Mr. Dayton of N. J. moved 
that tbe President be vested with power to 
provide a sai table temporary government for 
the Territories. Rejected ; Teas 8 ; Nays 

■The question recnrred on Mr. Walker's 
ameodment, modified go aa to read as fol- 

"Sbc 5. And be itfurlktr enabled, Tbaf the 
Constitution of the Dnited S(»tee, in so rur aa the 
9 applicable to tbe cun- 
» United Slates, and all 



ing the registering, reeording, earolllng, 
ing ghipE, or vessels, nod the entry and clearance 
Ihereot; and the foreign and coasting trade and 
"-'— -"S, and all the seta reepf«tinB the ' * — 



provisions 
eiUoa of a ' 



and siogulsr the several acts of Congrees resgeB^ 
'' ' ng, recording, earollTng, or |ic^- 
— '- — ■■ "le entry aodcleara — 
id coasting trade 
Mgf«ting the impof..-^ 
and collecting tbe duties oa imports, and all thi 
acta respecting trade and intercourse with tin 
Indian tribes, and all Ibe acts respecting tbe pub 
be lands, or the survey or Bale Ibei'Cof, and all and 
lingular the otlier acts of C 
^nerol character, aed the ... . 
initable and proper to he applied to tbe territory 
Wmt of the Kio del Norte, acquired from Mexico 
by the trealy of tbe second day of Febrosry, 
184S, be, and tbe sacne ace hereby, extended 

over, and nven full force — ' -"-'- ~ 

oll EBid lerrif — -' "■- 

Dniled States , , 

and establish all proper and oeedfal rules and 

Snloliona {in conformity with the Conatitotjon of 
le United Statee) for the enforcement of the pro- 
viaionB of the ConBlitufion hereinbefore referred 
to, of sdd laws in said territory, and (Ot the pre- 

tablishment of justice tberei», and from time 
to time to modity or change the said ruloa and 
regnlatiuns in Buch manner oe niay seem to liim 
discreet and proper; and toe8tabli9fi,leinpnfatSy, 
BDob divisioDa, distnets, ports, ofilcos, aod all Vr- 

" cution of said laws, 

. ..^^ uch ofll«T» a* 1 

be necosBOry to admlniater anch Inirs in said ... 
ritory, for auch temi or lertna as he moy prescribe, 
whose authority shall cunlinuo until othorwiae 
provided by CongreBS; said ofHoers to receive 

....<. .:__ ._.U_..___:j_j|,j^gj,^gjj^]jg^ 

paid to aimiiar officers i. . _ 

- — ^'— =-- ' •■■ - -; and to enable the 

, '0 hundred thousand 

dollofQ be appropriated, out of any money in the 
treaanry not otherwise appropriated." 

YEAS— For Mr. Walker's proposition; 
Heaara. Atcbiaon, Houston, 

Bell, Banter, 

Berrien, Johnson of Jm, 

Borlaad, Johnson of Cfa- 

Butler, Kjng, T 



Davis of Miss. 


Mangum, 


Dickinson, 


MsBon, 


Dodge, Iowa, 


Rusk. 


DOQghlB, 


Sebastian, 


Downa, 


Stni^teon, 


Fitzgerald, 


TurS^ 


Filspatrick, 


Underwood, 


Foote, Miaa. 


Walker, 


Honnegon, 


Wealcott, 


Tulee 


-L>9. 


NAtS— Against Mr. 


Walker's proposition 


Messrs. Allen, 


Peldi, 


Afberton, 


Greene, 


iffii, 


Halo. 


Hamlin, 


Bradbary, 


JohDBOn, Hd. 


Brigh^ 


Jones, 




Miller, 


C™k^' 


Milea, 


Corwin, 


Ptaree, 


Davis of Mass. 


Phelps, 


Dayton, 


Spruonce, 



WebBter-S7. 

The bill being retnmed to the House, thus 
amended, this amendment was (March 2d) 
voted down— Teas 101 ; Nays 115— as fol- 

Yeof, all tbe members from the Slave 
States, with the followii^ from the Free 
Stat^, viz. : 

Maibe— Hesekioh Williams— 1. 

Hew York — Ausbum Birdsall — 1. 

Penksjlv*bi* — Samuel A. Bridges, Eicbard 
Brodhead, Charles Brown, Charles J. Ingersoll, 
Lemii O. lAviTt—5. 

Ohio— William Kennon, jr., William SawyM 

Illinois — Orlando B. Ficklin, John A. Mc- 
Clornand, William A. Bichardaon-— 3. 
lowA—Shepberd Lefiler — I. 

Total, thirteen from Free States-; eighty- 
eight ftom Slave States. (Only two from 
S^ve States absent or silent) 

Nam, all the Whigs from Free 8fal«,' 
and all the Democrats from Free States, ex- 
cept those Darned above- 
So the House refused to concnr in thiti 
amendment, and the bill was returned to the 
Senate accordingly. 

The Senate resolved to insist on its 
lunendment, and a^ a confereoce, which whs 



(Hid Berrien of Ga., were managers on the 
part of the Senate, and insisted on ils 
amendment, organizing the Territories with- 
out restriction as to Slavery. Messrs. Vin- 
ton of Ohio, Nicoll of N. T., and Morehead 
of Ky., were appointed on the part of the 
House. These, after a long sitting, report- 
ed their inability to agree, and were dis- 
charged. 

The bill being now retnmed to tte Honse, 
Mr. MoClemand of III. moved -that the 
House do Teetde from its disagrewnent; Car- 
ried : Teas 111 ; Nays 106, 

Mr. Morehead of Ky. moved to amend 
so as to provide that nothing in this section 



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THE STROGGLB TOE SLAVEEY BESTEICTION. 



shall affect the qnestioa, as to tlie boandary 
of Texas. Carried: Teas 187; Najs 
19. 

Mr. E. W, Thompson of lud. moved that 
the House concur with the Senate, with an 
amendment, which was a Bubstitote, extend- 
ing the laws of the United States over said 
Territories, hut leaving them nnotganized, 
as follows : 

"Tl 

iS'stateB, by tbe treaty of the'Snd of'lTeb. 
oisu.BDu hundred and torty-eight, and that hr '•- 
Bud hereby it, authorized for that purpose, ai 
order lo maintain the authority of t)ie 0i 
Slates, and preserve peai^e and order in said 
torj, to employ auoh parte of the army and i 
of the Dniteii States as he may deem necessary, 
and that the Constitution of the United States, bo 
far as the same is applicable, be extended over 
Btud Tertiforiue. 

'■8oc. Sad. And be it further enacted, That, 
until the fourth day of Jnly, eighteen hundred 
•nd fifty, nnlesa Coniresa ahatl ssoner provide 
Air the government of sud Traritmies, the exist- 
ing Imci ihereof thall be retained and obierved. 
Slid that the ci^l and Judicial authority herato- 
fore eieroised in said Territories shall be vested 






-aised by, such pei 
■resident of the United States shall appoint 
irect, to the end that the inhabitants of said 



B may be protected in the full and tree 
enjoyment of their liberty, properly, and religion : 
provide, neverthtlett, that martial law shaU not 
be proclumed or declared in siud Territories, or 
^iher of them, nor any mitilary court established 
or tnjtltuted, except ordinary courts- martial for 
the trial of pereona belongiae to tbe army and 
navy of the United States ; and the imprisonment 
of any citizen of said Territories for debt a here- 
by forbidden. 

"Sec 3, And be it further esacted. That, lo 
enable the President to carry info eiecntion tbe 
provisions of thi^ act, the sum of two huodred 
thouBand dollars is hereby appropriated out of 
any money in the Treasury not otherwise appro- 
pnateS;' 

The qaestiOD being reach^ on amending 
the Senate's proposition as proposed by Mr, 
Thompson, it was carried : Yeas 111; Nuys 
105. 

[All the Southern Members in the n^a- 
tive, with Levio and a few of the Northern 
Democrats ; the residue with all the North- 
ern Whigs in the affirmative.] 

Tbe Honse now proceeded to agree to the 
Senate's amendment, as amended; Yeas 
110; Navs 103, [the same as before; the 
friends of the Senate's proposition voting 
against it, as amended, and vice versa, on 
l£e understanding that Mr. Thompson's 
Bmendment wonld exclode Slavery.] 

The bill as thus amended being returned 
to tbe Seqat«, it refused to ^ree to the 
Honse's amendment, and receded from its 
own proposition ; so the bill was passed and 
the sessK)n closed, with no provision for 
tie government of the newly-acqairod Ter- 



Aug. 6, l&4e.— Mr. Douglas, from the 
Committee on Territories, reported to the 
House a bill organizing the Territory of 



"And ndther Slavery, nor involuntary servi- 
tude shall ever eiist in nuid Territory, except Ibr 
crime whereof the party shall have been dnly 

On coming oat of Committee, this amend- 
ment was agreed to — Teas 108 ; Najs 44. 
[The Nays are all Southern, bnt Charles J. 
Ing^ersoli, Orlando B. Ficklin, and possibly 
one or two others ; and all Democrats, but 
some half a dozen from the South, of whom 
Eobert Toombs has since turned Democrat.] 
Stephen A. Douglas did not vote. The bill 
passed the House without further opposition, 
was read twice in the Senate, and referred ; 
and Mr. Westcott of Florida made a report 
thereon from the Committee on Territories ; 
but the Session closed without further action 
on the bill. 

This Congress reassembled, Dec. 'Ith, 
1846. On the 23d, Mr. Douglas again re- 
ported hia bill to provide a territorial gov- 
ernment for Oregon, which was read twice 
and committed : Jan. 11th, 1847, was dis- 
cussed in Committee, as also on the 12th 
and 14th, when it was resolved to close the 
debate. On the 15th, it was taken out of 
Committee, when Gen. Burt of S. 0. moved 
the following addition (already moved, de- 
bated, and voted down in Committee) to 
the clause forbidding Slavery in said Terri- 



Inasmuch as the whole of said Territory lii 

._jrth of thirty sii degrees thirty minuli ' 

latitude, known as the line of the Missoi 



■th 



promise. 

The purpose of this b clear enough. It 
was intended to recognize the Missouri line, 
not as limited to the territories possessed 



that had since been, or hereafter should be, 
acquu^, so as to legalize Slavery in any 
territory henceforth to be acquired by us 
south of 36" 30". 

Mr. Burt's amendment was negatived — 
Yeas 82; Najs 114. 

The vote was very nearly sectional ; bnt 
the following Members from Free States 
voted in the minority : 

PEBN3rLV*Hl A. —Charles J. Ingerooll— 1, 

iLLiNOES— Stephen A. Douglas, Bohi Smith— a 

Iowa.— 8. C. Jlaslings— 1. 

In aU, 5. 

No Member from a Slave State voted ia 



.Google 



the majority. The bll th n lassel— Yeas 
134 ; Nays 35 (all Sout! ) 

/an. 15th.— The bll eacbed the Senate, 
and was sent to the Jud a y Committee, 



UessTB. Aehley, Ark Beir n (la. 

Breoee, HI. Daj n N J. 

Wae Pla. 

Jan. 25.— Mr. Ashley reported the Or^on 
bill with ameadnients, which were ordered f« 
be printed. 

29/A,— Said bill, on motion of Mr. West 
cott, was recommitted to the Judiciary Com- 
mittee. 

Feb. loth Mr. Ashley again reported it 

with amendments 

March 3d.— It was taken up as in Com- 
mittee of the Whole, when Mr. Erans of 
Me. moved that it be laid on' the table. 
Defeated— Yeas 19, (ail Whigs but Cal- 
houn of S. 0., and Ynlee of Florida) ; Nays 
26 ; (24 Dem., with Corwin of Ohio, and 
Johnson of La.). 

Mr. Weatcott of Fla. immediately moved 
that the bill do lie on the table, which pre- 
vailed—Yeas 26 ; Najs 18, (a mixed vote, 
evidently governed by various motives) ; but 
the negaUvea were idl Democrats, bat Cor- 
wiu and Johnson aforesaid. This being the 
last day of the session, it was evident that 
the bill, if opposed, as it was certain to be, 
could not get through, and it was, doobtless, 
in behalf of other pressing business that many 
Senators voted to lay thw aside. It was, 
course, dead lot the session. 

Dec.6eft,1847.— The XXSth Oongresa 
eembled ; Robert 0. Winthrop (Whig) 
Mffis. was chosen Speaker of the House. 
President Pdk, in his Annual Mess^e, re- 
gretted that Oregon had not already been 
organized, and urged the necessity of action 
OD the subject. 

Feb. 9rt.— Mr. Caleb B. Smith of Indiana 
reported to the House a bill to establish the 
territorial government of Oregon ; which, by 
a vote of two^thirds, was made a special or- 
der for March 14th. It was postponed, 
however, to the 2eth ; when it was taken up 
and discussed, as on one or two Bobseqnent 
days. May 29th, it was again made a spe- 
cial order nest after the Appropriation bills. 
The President that day sent a special mes- 
sage, urgii^ action on this subject. July 
25th, it was taken up in earnest ; Mr. 



The bill continued to be discussed, and 

finally (Aug. 1st) was got out of Committee ; 

when Mr. C. B. Smith moved the Previous 

Question thereon, which was ordered. 

Aagast 2d.— The House came to a vote 

1 an amendment made in Committee, where- 

? the following provision of the original 

.11 was stricken out : 

'■ That Ihe inhflbilants of said Territory eholl 
s ontLtled to enjoy, all untl aiHgular, the ry^ts, 
ivileees, and fldvantaeea graotod nnii secnred 
tho people of theTemlory of the United Stale* 
>rthweet of the river Ohio, by the arliclea of 
impact ooDiained in the ordinance for the goV- 
■nment of said Territory, paseed Iho 13th day 
of July, sevenleen huiidred and eighty-seven j 
ind Bhall bo eubject ta ail the conditiona, and re- 
itrictioRB, and prohibitions in said art kleB of com- 
lact imponsd npoQ the people of iaid Icrrilory 

The House refused to agree to this amend- 
ment—Yeas 88 ; Naya 114- 

T'.e Members from the Free Slates wljo 
voted with the South to strike out, were — 

New-York— Aueburn Bu-dsall- 1. 

Ohio— William Kennon, jr., John K. Mil- 



Wentworth of I 



S moving 



that debate 



at two o'clock 



t in Committee 
this day. 

Mr. Geo. S. Houston of Ala. endeav- 
ored to put this motion on the table. De- 
feated—Yeas 85 ; Nays 89. (nearly, but 
not fully, a sectional division). Mr. Geo. 
W. Jones of Tenn. moved a reconsidera- 
tion, which was carried— Yeas 100 [ Nays 
68 ; and the resolution Ifdd on the table — 
Yeas 96 j Nays 90. 



.ffi— John L. Kobinaon, William W. 

Wick— a. 

Mr. John W. Hoaaton of Delaware voted In 
the majority. 

The bill was then passed: Yeas 128; 
Nays 71. 

[This vote was almost completely section- 
al. Mr. Houston of Delaware voting iu 
the majority as before; otherwise, Mem- 
bers from Free States in the affirmative; 
those from Stave States iu the negative.] 

Au^. Srd. — This bill reached the Senate, 
when Mr. Badger of N.C moved its inde- 
finite postponement : negatived, 47 to 1, 
(Yulee).. It was then sent to the Committee 
on Territories. 

The Senate bad had under consideratiou, 
from time to time through the Session, a bill 
of its own, reported by Mr. Doogtas, which 
was finally referred to a Select Committee — 
Mr. Clayton of Delaware, Chairman — and 
by said comnuttee reported some days before 
the reception of the Honse bill. It waa 
then dropped. 

Aug. 5th. — Mr. Donglaa reported the 
House Bill, with amendments, which were 
printed. 

Aug. loth. — After some days' debate, the 
Senate proceeded to vote. Mr. Foote of 
Miss, moved that the bill do lie on the 
table. Defeated : Yeas 15 (Southern) ; 
Nays 36. 

On the question of agreeing to this 
amendment;. 

"Iraemnoh ae the said Territory ia north of 
thirty-Bii deg. thirty min., usually known as th« 
[hna ofthej Mieeonri Compromiae." 

It was rejected : Yeas 2 (Bright and 
Douglas) ; Nays 52. 



.Google 



fi4 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



Mr. Douglas moved to amend the bill, by 
inserting aiter the word " enacted " : 

" Th«t the line of IhWy-sU dBgrees Bnd IHrty 
uiouteB of north latitude, knawn as the Missoari 
Comproniise line, da deflned in the eighth section 
of an act entitled, ■ An Act to aathonze tho peo- 
pLe of the Missouri Tevritory to form a Conetktu- 
iionid and State Gavemmant. and for tho sdmie- 
sion of such State into the Union, on an eqaal 
footing with the orifpnal Stafaa, and to prohibit 
Slavery in certain Territories, apnrovad Mui^h 
6tb,lBaO,'he.siidthe same is hereby, declared to 
extend to tlie Pacific OcesD ; and the 8iud 



full force and binding, for the future orgaDiza- 
tion of tbeTmitoHes of the United States in the 
asme sense, and vlth the samd underslaodiug 
with which it ww originally adopted ; and — " 



YEAS — For' Tecogaizing Ihe Missouri tine 

as rightfuUi/ extending to the Pacific : 

B. Atchison, Huinegan, 



Badger, 


Uooslon, 


Bell' 


Hunter, 


BentoD, 


JohnsoaofMd., 


Berrien. 


Johnson of La., 


Borland, 


Johnson of Ga., 


s:e 


KiD5. 

Lewis, 


Calhoun, 


Mangi^m, 


Cameron, 
Davis of Miss., 


M«.™, 


Metc^, 




pBaroe, 


Donglaa, 




Downs, 




Fit^eraU, 




F00& of Hm., 


Tnrney. 




NA¥S~Agaimt recognizing said line: 


lessrs. Allen, 


KS' 


Atherton, 


Baldwui, 




Bradhury, 


Hamiin, 


CUrke, 


Uiller, 


Corwin, 


Milea, 


Davis of »«a»., 


Phelp-, 


?sr- 


as; 



Webstei^ai. 

The bill waa tjien eugros^ for a third 
leading : Teas 33 ; Naja 23 (nearly same 
tiB the above — Westcott of Florida, added 
to the Nays — and thus passed). 

^tig.lljA.— The biU, thus amended, having 
been returned to the Kouse, the amendment 
of Mr. Donglas, jnst recited, was rejected : 
Teas 82 ; -Kays 121. 
Yeasfrwn Free Slates ; 

New Yohk — Ansbimi Birdsall— 1. 

pKNKsiLvisiA— Charles Brown, Charles J, 

Total— 3! 

Otherwise, from Slave States, all Teas ; 
from Free States, all Najs. 

Aitg. X2th. — The Senate, after voting 
down varioua propoaitions to lay on the 
table, etc., finally decided to recede from its 
amendments to the Oregon bill, and pass it 



25, as 

YEAS^For Receding : 

Messrs. Alleti, Douglas, 

Baldwin, Felch, 

Benton, Fitzgia^d, 

Bradbury, Greene, 

Breese, Hale, 

Bright, Hamlin, 

Cameron, Hannegaa, 



Clarke, 



Honstc 



Davis of Mass., Niles, 

Dayton, Phelps, 

DickinsoQ,. Spruance, 



Walker, 



Wi 

NAYS—Against Receding: 

U«esrB. Atchison, Johnson of Li 

Badger, Johnson of G 

Bell, Lewis, 

Beirion, HaoguiD, 

Borhtnd, jfaaoa, 

Butler, Hetcalr, 

Calbonii, Pearce, 



(AU Irom Slave States.) 
So the bill becfune a law, and Or^on » 
Territory, nnder the original Jefierson or 
Dane Proviso ^wost SlaTery. 



THE COKPHOUISE C 



f 1850. 



Tbb XXXIat Congress commenced its 
first Session at Washington, Dec. 3d, 1849 ; 
but the House was unable to organize — no 
person receiving a majority of all the Tot*s 
for Speaker — until the 22nd, when, the Plu- 
rality rule having been adopted by a vote 
of 113 to 106, Mr. Howell Cobb of Ga. was 
elected, having 103 votes to 100 for Bobert 
C. Wintliwtp of Masa., and 20 scattering. " 
It was thereupon resolved — Teas 149; 
Nays 35—" That Howell Cobb be declared 
duly elected Speaker;" and on the 241b 
President Zacbary Taylor tran^nitted to 
both Houses hia firet Annual Message, ia 
the cou^e of which lie says : 

" tfo civil snvemiDent having been provided 
by Congress for California, the people of (bat 
Territory, impolled by the necessities of their 
politieal condition, recently met in Convention, 
for tbo purpose of forming a Constitalion and 
State Government : which, the latest advices g^ve 
me roaaon to suppoae, has been aocompUshed ; 
and it is believed they will shortly apply for the 
admission of California into the ifnion, as a 
8overei«i State. Should such be Ihe case, aod 
should Ibeir constitution be conformable to the 
requisidons of the Constitution of the United 
States. I recommend their application to the fa- 

""The pwpirof New-Me^oVill also, it ia 
believed, at no very distant period, present them- 
salves for admission into the Unton. Preparatorj 
to tiie admission of California and New-Mexioo, 



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THE COMFEOMISE OF 1850. 



U 



its ibuDdati ^ . , 

its power in such farm, bb to them shall aeem 

most likely to effect UiBir Bafety and happiness. 

" By awRiting Iheir action, all caueea of ai 
easiness may Be avoided, and confidence an 
kind feeling preaen-ed. Witii e. view of mait 
taining the harmony and tranquillity so dear lo 
nil, we ahould abalain from the introdaetion of 
those eioitin^ topics of a section^ characte 
wbicb have hitherto produced painful appreliei! 
fiiens in the public mind ; and I repeat the eolemi 
warning of the first and most iliustrioua of my 
flredecesaors, gainst famishing any ground fo" 

araoteriaing parties by geogr^iioal diseri 



Jaw. 4(A. — Gen, Sam. Houston of Texas 
submitted to the Senate the following pro- 
position : 

" Wtereaa, The Congreae of (be United Slates, 
possessing only r delegated authority, hare no 
poHer over the subject of Negro Slavery within 
the limits of the United Stales, either to prohibit 
or interfere wilh it, in the States, Territories, or 
District, where, by municipal law, it now exists, 
or to establish it in any Btato or Territory where 
a does not exist ; hut, as an assurance and (gua- 
rantee to promote harmony, (juiet apprehension, 
and rsmoTe sectional prejudice, wbieb by poeai- 
bility misbt impair or we^en love and devotion 
to the Union iB any part of U>a country, it -- 
hereby 

" Retolved, That, a« the people in Terrtlori__ 
have the same iubereat rigbts of self-government 
OS the people in the Slat^, if, in the exercise of 
such inherent rights, the people in the newly- 
acquired Territorias, by the Annexation of Texas 
and the acqutsilionofCaliforaia and New-Mexico, 
aoalh of the parallelof^ degrees and 30 minutea 
of north latitude, extending lutheFociQc Ocean, 
shall establish Negro tilftvery in the formation of 
(heir state governin^itH, it shall be deemed no 
olyection to liieir admissioa 09 a Slate or States 
into tbe Union, in aocordance with the Cmistita- 
tiun of the United Statea." 

Jan. 21st. — Gen, Tajlor, in aoaWer to a, 
r«solatioQ of iaqairv, sent ft luesaage to the 
House, stating that ne bad urged tte format 
tion of State Governments in ualifornia aad 
Nev-Mexiea. He adds : 

^^ In sdviaiDs; an early application by the 
people of theoeTerritoriesforadmisBioa as States, 
I was aetuWed principally by an earnest desire 
to afford to the wisdom and patriotism of Con- 
eresa the opportanity of avoiding oecauons of 
bitter and aagry ^iscasaiona among tlie people 
of the United State*. 

" Under the CooatttutioB, jjvary State has the 
right to «slablisb, and, fHun iJnte to time, alt«' 
its munioipallawa and domeatio institntlons, in- 
dependently of every ether Stale and of the 
General GovernmeBt, sulyect only to t)>e prohi- 
bitions and gnaranlees expressly set fortb m the 
CoDstitadon^f tbe United Slates. The autgecte 
ttns left eiduaively to the respective Slstea, 
were not deeigaed or expeeted to Ijacome topics 
of Natioual citation, titill as, under tlie Uonsti- 
tution, Congress baa power to make all needful 
rules and regnladons respecting the Territories 
of ttie United States, «very new acquisition of 
territory has led to discnasions on the queation 
whether the ayaiem of luvolnntary servitude, 
which prBTBiis Ib many of tlie States, should or 
■hould not be prohibited in that Territory. The 

Cioda of excitement from this cause, which 
■e heretofore occurred, hava been safely 
pasaedj .buli duriiij; tbe interval, of whatever 



lenetb, which may dapae before tbe sdmissiol 
of the Territories ceded by Mexico, as States, it 
appears probable that similar excitement will 
prevail to an undue extent. 

*^ Under thaae circumstaDcea, I tbouf^iit, end 
still think, that it was my duty t« eadeavor to 
put itin tbepowerof Congraas.byllie admission 
of California and New-I&xioo es States, to re- 
move all oGcasioD for tbe unnecessary agifatiou 
of the public mind. 

"Itiannderstoodtbatthepoopleof IheWastBm 
part of California have formed the plan of a State 
Constitution, aod will soon submit the same to 
tlie judgment of Uongrcss, and apply for admis- 
sion as a State. 'Itis course on their part, thourfi 
in aocordance with, was not adopted exoluaively 
in consequence of. a»y eipresaiou of my wishai 
inasmuch as measures tending to this cud had 
been promoted by officers sent there by my pre- 
j J '-eady in active pcogfaaa irf 



any commui 
If the pro] 



rea<^ed Califo 

sball, when snbmifted to Con^^a, ba foand t< 

be in compliance with Ibe rojniaitionfl of the 

ConstiditHHi of Ote United Slates, 1 earaestly 

recommend that it may receive the eanotiou ol 

Congrees." 

He adds — 

"Should Congress, Triien CaliCbnilii shall pre- 
sent herself for incorporation into the Union, 
annex a condition to iter admiasion bb a Stale 
affectin? her domestic iuatitulioDa contranr to 
the wishes of her people, and even compel her 
temporarily to comply wilh it, yet the State could 
change her constitution at any time after admia- 
ion, when to her il should seem expedient. Any 
attempt to deny to the people of the State tike 
.igfat of self-government, m a matter which pecu- 
liarly affects themselves, wilt infallibly be re- 
garded by it ' ■ ' "■-•- -■-'•'- 

Dce'larS^^ 

people. To assert Siitt Ihey are a conquered 
people, and must, as a State, sutouit to tbe will of 
their conquerors, in this regard, will meet with no 
cordialresponseamoDgAmericanfi'eemen. Great 
numbers of them are native ciliieDS of the United 
States, and not interior to the rest of oar coantrj- 
men in inteliigcnco and patriotism: and no lim- 
guagc of menace to restrain them In the ex«rdao of 
an undoubted right, eubstantiitlly gnarantied (o 
thorn by the treaty of ces«an itscl£ shall over ba 
" id by me, or enecurBged and sustained by 



lected that, in the I 

ia by Mexico, the people resii 

■■— - ■'■■■-■- --'orporation in 



(be Union as a 
State, settle all qneahona of demeatio poKcy to 
*"it theiasrtvea." 

Feb. 13, 1850.— Gen, Taylor commnni- 
cated t« Congress tbe CoBstitotion (free) of 
the State of Csliforoia. 

Jau. 29lli, 1850.— Mr. Henry Clajr of Ky. 
eubraitted to the Senate lie following pro- 
positions, which were made a special ordtr 
and printed ; 

"1. Retoliied, lliat California, with anitable 
boundaries, ourfit, upon her applieatiiMi, to be ad- 
mitted as one of the Slates of tbis Cniun, witbont 
the imposition by Congreaa of any restriction in 

; to the exclusion or inlrdduction of Slavery 

_ those boundaries. 

'■3. ifsioZnei^, l^batas Slavery does noteiist by 
law, and ie not likely to be introduced inte any of 
Uie leirifory acqaii-ed by tbe United States from tbo 
Hepablio of MeiicOj it IS ineipedieDl for Congress 
to provide by law either for its introduction into, 



wGoogle 



THE STEUGGLE FOE SLAVERY BESTBICTION. 



or eiclnBion from, any part of the said territory ; 
Bud that appropriate territorial governmeiita ought 
to he ealahlished by Cougrees m kII the eaid fer- 
rifory, not asaigoed aa wilhia the boundariea 
of the propooed Stole of California, without the 
■doptiou of any resttietioo or condition on the 
BulJootofSiaTery. 

'■ 3. Rttolced, That the western bouudaty of the 
State of Teias ounht lo bo fiied on the Eio del 
Norle, ooniQiencing one marine league from its 
inoath, and running up that river to the 
line of New-Meiico; Ihence with that . . . 
wardly, and bo continuing in the same direetion 
lo tba Udo as eBfablieh^ between tbe United 






States 



;r lying or 



" 4. Eetahed. That it be proposed to the State 
of TeiBB. Ibot (he United SfaleB wiU provide for 
the iifljment of ail that portion of the legitimate 
and boHa_fide publio debt of that State eoutracted 
prior to its anneiation to tbe United Siatea, and 
for wbich Ibe duties on foreign imports were 
pledged by the said State to ita creditors, not 
exceeding the sum of doUara. in consider- 
ation of the aud duties so pledged having been no 
longer applicable to that olgect after the said an- 
nexation, hut liaving thenceforward become pay- 
able to the United States ; and upon tbe condition, 
also, that the eaid State of Teiaa shall, by some 
solemn and authentic act of her le^ialature, or of a, 
convenlion, relinquish to tbe United Stales any 
claim which she has to any part of New-Mexico. 

■' 5. Seialved, That it is Inexpedient to abolish 
Slavery in the District of Colambia whilst that 
Institution contiousB to exist in the Slate of Mary- 
land, without the consent of that State, without 
the consent of the people of the Diatiiet, and 
without just compensatioD to tite owners of Slaves 
within the District. 

" 6. B}U Reiolved, that it ii expedient to pro- 
hibit, wifUn the District, the slave trade in slaves 
brought into it from States or places beyond the 
limits of the Disfricl, either lo be aold therein as 
merchandise, or to be (ransported to Other markets 
without the District of Columbia. 

■■7, Seiolved, That more etfectnsl provision 
ought to be made by laWj necordiug lo the re- 






or Terriiory'iii the Union. 'And, 

"8. Esio/ped, That CoDgress has no powi 
prohibit or obstruct the trade in slaves bet' 
■he Slaveboldiug States, but that the admi 
or exclusion ofSlaves broaght from one .. . 
BEother of them, depends eidnaively upon their 
own pqrUcular laws. 



«st to the wholt ^ ^ 

and increasing dissensions between theKorthanc 
the South, on the subject of Slavery, aliould b< 



,__ unlappily ^ 

tween the Northern and Southern eeetiona ot the 
Oiuon, connected with the subject of Slavery, 
which shall secure to either section all that k con- 



tended lor. and that mutual conce«siona 
Huesdons of mere policy, not involving the i 
tion of any eonatituiional right or printiple, 
be the basis of every projectaffording any i 
ance ot a favorable aceeptan'ce ; 

And, wAerear ""- ="- -- " " 
...mg Texaa to 
Karch ], 1845, contains uie loiiowmg conoi- 
and piaranlee— thai ia to say : 'Hew State* 
onvement size, not exceeding four in nam 
. -. , in addition to said State of Texas, and having 
sufficient popniation, may bereafl«r, by the coo 
sent of said State, be formed out of tiie territory 
thereof, whicb shall be entitled io admission under 
the provisions of the Federal Constitution ; and 
such States as may be formed out of that portiou 
of said territory lying south of fiiirty-six degrees 
thirty minntes north latitude, commonly known 
as the Miaaonri Compromise line, ehall be ndmit- 
ted into the Union with or without Slavery, as ths 
people of each State asking admission may desire j 
and ia such Slate or States as ehall be formed out 
of sud territory north of said Uissouri Compro- 
mise line. Slavery, or involnntary servitude (ex. 
cepl for crime), ^all be prohibited:' Therefore, 

''1. Resolved, That the obligation f o comply with 
the condition and guarantee above recited in 
good faith be distinctly recognized ; and that, hi 
part compliance with tbe aame, as soon ns Ilia 
people of Texas ehall, by on act of their leg- 
islature. Bonify their assent by restricting the 
limits Iberoof, within the territory lying east of 
the Trinity and sonib of the Bod Uiver, and 
when the people of the reddue of (be territory 
claimed by Texas adopt a cons^tution, repobb- 
can in form, tbey be admitted into the Unioii 
upon an equal footing in all respects with the ori- 
ginal Slates. 

"2. Received, That if Texas shall agree lo 
cede, the United States will accept, a cession of 
all the nnappropriated domiun m all the leiri- 
tory claimed by Texos, lying west of the Colorado 
and extending north to the forty second parallel 
of north latitude, together with the juriadiction 
and sovereignty of all the territory claimed by 
Telflfi, north of the thiriy-fourth parallel of north 
latitude, and to pay therefor a sum not exceeding 

millions of dollars, to be applied in tbe 

first place to the extinguishment of any portion 
of the existing public debt of Texas. fOr the dis- 
charge of which the Ouiled States are under any 
obligation, implied or otherwiso, and tbe remtun- 
der as Texas shall reqnire. 

■' 3. ReiUved^ Hiat when the population of 
that portion of the territory clamed by Texas, 



to ttie ratio of repreaentalion in Congri 
the last precedine nBnortionnient, accordii 
Ibo proviuona otthe CixiEtitntion, and the pi 



idcr 



.rding 

. , lepeople 

n territory shall, with (he assent of the new 
eontemplated in the [oieceding resolutlan. 
idopted a Stale Constitution, republican in 



0, they 






ceded to the United States by Texas, be mcorpor- 
ated with the Tertiloiy of New-Mexico, except 
such part thereof aa lies east of the Kio Grande 
and south of the thirty-fourth degree of north 
latitude, and that the Territory so composed form 
a State, to be admitted into the Union when tbe 
inhabitanlB thereof ehall adopt B State Constitu- 
tion, republican in form, with the conaent of Con- 
gress ; but, in the mean time, and until Congress 
fcttll give such consent, provision be mode foi 
the government of the Inhabitanfa of said Tem- 
tory auitabla to then' condition, bnt without aey 
■ Slavery. 



wGoogle 



THE COMPROMISE OF I860. 



" 5. Reiolred, That all the territorv ceded to 
the United States, by the Treatj of Guodnloupe 
Hidalgo, lying weat of Baid Territory of Now- 
Meiieo, and east of the contemplated new State 
of Caliroraia, for tiie present constitute one Tei- 

Buitab'le to the condition of the inbabitaota be 
provided, withoat any reatrictJOQ aa to Slavery. 

"6. Remlrvd, That the conatitutiou recently 
formed by the people of tlie weetem portion of 
CBllfomia, and presented to Congress by the Pre- 
aident on the 13tb day of February. 1850, ■" 

as a, 8ta 

with the .... 

" 7. Sesolved That in fiiture, the formation of 
Stale -CoDBtitutiona, by the inhabitants of the 
l«rriloriea of the United States, be regulated by 
law; and that no such conatilution be hereafto- 
ned or adopted by the iphabitants of any Ter- 



>rized by Congress to form a State Con- 
luiiuiuiii, dioll have the eolo and eiclusiie power 
to regulato and adjust all questions of internal 
Stale policy, of whatever nature they may be, 
controlled only by the reetrietiona eiprcasly 
impoaed by the Coostitutioa of the United 

" ». Seiolved, That the Committee oa Tetri- 
b>iie« be inatracled to report s bill in confonnity 
vilh the epirit and principles of the foregoing re- 

A debatcof unusual duration, eamestaess, 
and ftbilitf ensued, maiiilj on Mr. Clay's 
Eesolutions. They were regarded by uncom- 
promiBiQg championa, whether of Northern 
or of Southern views, but especially of the 
latter, as cont^ding snbgtaDlJally the matter 
in dispute to the other side. Thus, 

Jan. 291i. — Mr. Clay havine read and 
briefly corainented on his propositions, seria- 
tim, he desired that they anould be held 
over withoat debate, to give time for cou- 
sideration, and made a special order for 
Monday or Taeeday following. But this 









Mr. Kask rose at once to protest ogaioat 
that portion of them which called in ques- 
tion the right of Texas to so much of New- 
Mexico as lies east of the Bio del Norte. 

Mr, Poote of Miss, spoke against them 
generally, Baying; 

"If I understand the resolutions properly, they 
ore otgectioaable, aa It seems to me, 

"1. Beoaaae they only ssaert that it is not eipe- 
dieal that Congress ehonid abolish Slavery in the 
Dislript of Oilumhiai thus allowing the impiics- 
tion to Biise that Congress has power to legtslate 
on the subject of Slavery in the District, which 
may herOBiler be eiercised. if it shoald become 
expedient to do so ; whereas, I hold that CoD- 

at all. and that any attempt thus to le^slate would 

be a gross fraud upon all the States of the Union. 

" 2, The Resolutions of the honorsble Senator 

rt that Slavery does not now eiist by law in 



1 from afl moleateUon or tundrance 

■' 3. Whether Slavery is or is not likely to bo 
introduced into these territories, or into any of 
them, is apropoaition too uncertain, in my judg- 
ment, to be at present poaitivclyaffirmed ; and I 
am unwilling to make a solemn legislative decla- 
ration en the point. Let tA^ future provide the 
appropriate toiution of tkit intereiting-^ quettian. 

" 4. Considering, as I have several times here- 
tofore formally declared, the title of Texas to all 
the territoiy embraced in her boniidaries, aa laid 
down in her law of 1S36, full, complete, and unde- 
niable, I am onwilliog (o say en;rtliiDg, by reao- 
Intion or otherwise, which may m the least de- 
gree draw that title into question, as I think ia 
done in one of the resolutions of the honorable 



Stale debts, which 1 understand ti . . 

embodied in one of the resolutions of tiie hon- 
orabte Senator firom Kentucky. If Texan Boil ia 
to be bought, (and with cerlnm appropriate cnfi- 
gnards, I am decidedly in favor of it,) let ub pay 
to the sovereign State of Teias the value thereof 
in money, to be used by her as she pleases. Jt 
wilt he. as I think, more delicate and respectful 
to let her provide for the management of -Ihia 
matter, which ia striotly domeitic in its choiae- 
ler. in Buch manner as she may choose — presam- 
ing thatehewill act wisely, justly, and honorably 
toward all to whom she may be mdebted. 

" 6. As to the abolition of the ilave-trade in 
the District of Colnmbia, I see no particular ob- 
jection to it, provided it is done in a delicate and 
judicious manner, and la not a concession to the 
mBoBces and demands of factionists and tonatics. 
If other qneationB can be a^nsted, this one will, 
peHiaps, occasion hut Utile (USoulty. 

■■ 7. The reaolutions which provide for the res- 
toration of fu;>itivea from tabor or service, and 
for the establishment of territorial govemmonts, 
free from all restrictioa on the subject of Slavery, 
' irty approval. The lost resointlon — 



"8. if all other qnostjona connected with the 
subject of Slavery oim be satisfactorily adjusted, 
I can see no objection to admitting all Califamia, 
above the line of 36 deg. 3U mm.,mto the Union; 
provided anotker nea Slave State can be laid 
1^ Kithiit the present limilt of Texas, aasa to 
keep the present Egjtiponderance between the 
Slave and Free States of the Union; and pro- 
vided further, al! this is dona by way of ana- 
promise, and in order to save the Onion, (as dear 
to me aa to any man living.") 

Mr. Mason of Va., after espreasing his 
deep anxiety to " go with him who went 
furthest, bat within the limits of strict 
duty, in adjusting these nnhappy differ- 
ences," added ; 

" Sir, so far as I have read these resolutions, 
there is but one proposition to which I can give 
a hearty assent, and that is the resolution which 
proposes to organize Territorial govemmenta at 
ODce in these Territories, without a declaration 
one way or the other as to their domestic institu- 
tions. But (here ia another which 1 deeply regret 
to see introduced into (his Senate, by a Senator 
from Hstaveholding State ; it is that which aBsnmes 
(hat Slavery doea not now exist by law in tboso 
countries. 1 understand one of these propositions 
to declare that, by law, Slaveryjs now abolishea 



wGoogle 



THE STRUGGLE FOE SLAVEEY EIHTRICTION. 



tion of law as disposed of. sod it bbb very elosrlj' 
Ksd BHtiafactorlly ebuwa 1o be HgniDBt tbe spirit 
of (he reaolution of Ihe Senator from Kentucky. 
If the contrary ie true, I presumB the Senator 
&om Kentucky would doctare that ifs law La now 
valid ui the Terriluriea Bbolisbing Slavery, that it 
could not be introduced there, eveu if a law wae 
paBBed ereatine lie institution, or repealing (be 
Btstntea already eiistiug; a doclriae never as- 
sented to, so for as I know, until now, by any 
Seiistoi: representiDK one of the slaveholding 
Statee, Sir, 1 bold tbe very opposite, and with 
Buch coofidenpe, that at the last session I was 
wiUing and did vole for a bill lo test thlB question 
in the Supreme Court. Yet this resolution aa- 
Bnmes the otber doutriae to be true, and our assent 
ia challenged (o it as a propoaitiMi of law. 

"1 do not mean to detain Ihe Senate by any 
cneaioni but I deecned it to be my duly to enter a 
decided protest, ou the part of Virginia, against 
such doelrines. Tbey concede tbe whole guBStion 
■t once, that our people shall not go into tbe now 
TerrittHioa and take tbcir property with Uiem ; a 

wbiefa, air, oolsvcaB be found. Tbere are otber 

Ettions of the resolutionfi, for which, if thoyconid 
s^iaraled, I should be very wiljing to vote, 
niat respectini^ fugi tire slates, and that reapect- 
ii^ the o^mzalion of governments in taesu 
Territories, 1 should be willing lo vote fnr ; and I 
■m happy to declare tbe patificatiou I eijierience 
at finding Iftte teoator from Keutaoky diString so 
mnoh, on tills sutjeet, from Ihe Eieoutive meae&ge 
Feeeutly laid befuro tlie Senate. I beg not to be 
understood as havioe ^lokon in any spirit of nn- 
kindneei towards the Senator fi-om Kentucky, 
for whom I entertain the warmest and most pro- 



I* he does before iMs people, and representing 
flie people he does, to introduce into ihie body 
resolutions of this kind." 

Mr. Jefi^rsoD Davis of Miss, (since and 
BOW Secretary of War) objected speciallf to 
Bomochof Mr. Clay's propoeitiona as relates 
to the boundaiT of Te3:aa, to the Slave-trade 
in the Federal district, aud to Mr. Clay's 
avowal iH kis speech tlut b« dH not believe 
Slavery ever would or oould ba established 
in any part of the territories acquired Trom 
Mesieo. He coatiimed ; 

" But, sir, wo are called imon to receive this as 
a measure ofcompromise ! Aeameosurein which 
we of Uie minority are to receive nothing. A 
meaoare of oonproimso ! I look apon it as 1>at 
B modest mode m tald«g tbat, tbe claim to which 
boa heeoBwra boldly asserted by others; and, 
that I may he understood upon this qBcation, 
and that my podtion may so forth to the coun- 
try in the same columns that convey thp senti- 
taenU of the Senator from I^eutuoky. 1 here 
aaaert, that never will 1 taks less than tbe Mis- 
souri Compromise line extended to the Pacific 
oeeso. with the specific rocogniBon of Ihe right 
to hold slaves in tjie territory below that line; 
end that, before auoh territunta are admiltod in- 
to the Union as States, slaves may be taken there 
from any of the United Statea at the option of 
the owners. lean never conaent to give addi- 
tional power to a majority to oommit fluiher ag- 
gressions upon the minority in this U(iiou ; and 
Trill never consent to any proposition wlucb 
will havo such a loudenoy, wilhout a full guar- 



anty or ODunteracling measnre is connected with 
Mr. Clay in reply said : 

''lam extremely sorry to bear the Senator 
from Hissiaaippi say Uiat he requires, first, 
the extension of the Miaaonri Compromise line to 

that, but requires, if T understood him correctly, 
a poaitive provision for the admission of Slavery 
south of Ihet line. And now, sir, coming from a 
Slave State, aa I do, I owe it lo myself,! owe it 
to truth, 1 owe it to the subject, to stale that no 
earthly power could induce me lo vote for a spe- 
cific measure for tbe introduction of Slavery 
where it Itad not before existed, either south or 
norlh of thai line. Coming aa I do from a Slave 

tured determination that no power— no earthly 
power — shall compelAne to vole for the positive 

that line. Bir, while yon reproach, and justly, 
too, oar Britisti anceators for the introduction of 



present ii _. . _ .. _ . 

Mexico shall reproaob na for doing just what wo 
reproach (ireat Britain for doing lo us- If the 
oiusens of tboee Territories choose to eatob- 
iish Slavery, I am for admitting them with anch 
pruviaioiie in their conatitutions ; but then, it 
will be their own work, and not onrs, and their 

Sosterity will have to reproach them, and not os, 
)r forming ooBaiitutionH allowing the inaliln- 

my views, sir. and I choose to eipnisa them ; 
and I oaro not how eitouaively and universally 
they are known. The honorable Senator from 
Virginia has expteased hia opinion that Slavery 
exists in those Territories, and I have no doubt 
Ihatt^inion is eiocerely and boneslly enterttuned 
by him; and 1 would say with equalslncerity and 
honesty, that I believe that Slavery nowhere 
exialB wilhin any portion of the Teiritory ae- 
quired by us from Mexico, He holda a directly 
contrary opinion to mine, aa ho has a jierfect 

righttodo "• ■-- •-•■ 

diaereuce i 



d we will not qui^rel about that 



Mr. Williap R. King of Ala. was in- 
clined to look with favor on Mr. Clay's pro- 
C'tiona, and assented to some of them ; but 
bjected to the mode in which California 
bad formed vrbat is tilled a State OonstitU' 
tion. He preferred the good old way of first 
organizing Territories, and so training np 
their people "for tbe esetciao and enjoy- 
ment of onr institutions." Besides, he 
thought "there was not that kind of popu- 
lation there that justified tbe formation of a 
State Government." On the question of 
Slavery in the new Territories, he said t 

■'With regard to the opinions of honorable 
enalorSg respeotisg the opra'ation of Ihe lawa of 
Mexico in our newly-acquired territories, there 
may be, and no doubt ia, an boneat difference of 
opinion with regard to that matter. Some believe 
that Ihe municipal institutions of Mexico over- 
rule the proviaiona of our Constitution, and pre 
' us from carrying our slavOB there. That ia 

tier which I do not propose lo discuss ; it has 

been discussed at lei^gth in the debate upon tl 



Compromise bill, putting it on 
jucUcial deoiaion. i*, I Know ; 



the g 



_ 'belber 

that which the honorable Senator stntes to be a 

and whicb. as baa been remarked by the 

lor from Misaisaippi, can only be conjectural, 



wGoogle 



THE COMPKOMISE OP 1850. 



£9 



be Id reality bo or Dot — tbnt Slavery never can go 
there. This ia what is staled, boxever. W^l, 
be it 80. If slave labor be not profitable there, 
it will not go Ihere ; or, if it aOf who will be 
benefited T Not the South, they will never 
compel it to go there. We are miBuiidcratoud — 
ercKBly, t luay aay— by honorable Senators. 

Ibr o principle, and a great piinciple — a principle 
lying- at the very foaiSation of our constitutional 
nghtfl— involving,' aa hag been remarked, our 
property ; in one word, involving our safety, our 
Lanor, all tbat is dear to us, as American free- 
men. Well, sir, for that principle we will be com- 
pelled to contend to the utmost, and to resist ag- 

That is the poiition in which we are placed. We 
oak DO act of Congress—- as has been properly in- 
timated by the Senator froDi Missiasippi — to carry 
Slavery adyvhero. Sir, I belie*e we have as 
maoh constitutional power to prohibit Slavery 
(i^>m going into tlie territories of Ibe United 
Bt&tes, as we have to pass an not canying Slave- 
ry there. We have no right to do eiOicrtbc one 
or tiie other. I would as soon vote for the Wil- 
niot Proviso as I would vote for any law which 
requited that Slaverj abould go inte any of Ibe 



Ht. Doniis of LouisaDa stud : 

" I must conf^ that, in the whole course of 
my life, my aatonishroent has never been greater 
than it yrae when 1 aaw this [Mr. Clay's] pro- 
poaicioa broneht forward as a compromise; and 
I rise now, sir, not for the purpose uf discusaing 
it at all, but to protest most sole^nnly again^ it. 
I ooiisidcr this compromise 19 no coOipromise at 
alL What, sir, does itei&at to thoSonUiT I 
can see nothing at all. The first resolution offer- 
ed by the honorable Scaator proposes to admit 
the State of Cahtomia with a provision prohibit- 
ing Slavery in territory which embrace* all our 
poeaesaions ou the Paci&c It is true, there may 
bea new regalatiOQ of tiie boundary heiealtar ; 
bn(, if there were to be such « r^^tjon, why 
was it not embraced in tljis reaoluuou 1 As no 
boundary is mentioned, we t^ive a right to pre- 
Bume that the boundary cstabljehod by the Con- 
stitution of California was to be received as the 
eatablished boundary. What coQceeaion, then. 
il it from the North, that w« admit a State thus 
prohibiting Slavery, embracing the whole of our 
posaessiona oa the Pacific cdsst, according to 
these reaolutiona ? As to tb« resoliUioQ relating 
to New-Meiico and Dcscret, if it had aimf ly con- 
twned the provision that a copalUutional govwo- 
ment shall be establishad there, without any 
mention of Slavery whaleTW, it wonld have l>ecii 
weilDnougb. Bm,inanmichBaltiswEirm«dtb4t 
Slavery dose not now exist b these Temtoriaa, 
doea it not absolately preclude' its admission 
there T and the rBS<diitichBa might lost as well 
aSrm that Slavery should be prohibited in these 
Territories. The Senator fi-om Alabama, if I un- 
derstood him aright, mainfuns that the [u'onoai- 
lion ia of the same import sa the Wihnot Pro- 
viso ; and, in view of these facts, I would eak, 
is there anytbiDg conceded to as of the South?" 

Mr. Batler of Sonth C&tolian fiaid : 
" Perbap our Northeni brethren ought to nn- 
derstand that all the Compromises that Imve been 
made, have been by concessiona— acknowledged 
conoessions— on the part of the South. When 
other compromises ore proposed, that require 

eiaotod on the olber, thcTleue, at least, should be 
presented for their consideration before they 
come to the deci»on of their great qnestion. If 
1 understand it, the Senator from Kentucky' 
whole proposition of comprooilse is nothing mor 



than this : That California is already disposed of 
having formed a State Constltulion. and ths. 
Tenitoriol Qovernmenta shall be organized for 
Doseret and Kew-Mexlco, under which, by the 
tion of laws already eiistiiig, a slavehold- 
opulation oonld not carry with them, or own 
a there. What ia there iu the nature of a 
TOmise here, coupled, as it is, with the pro- 
on that, hy the existing laws in the Terri- 



promisD here 7 I am willing, however, to run the 
—-'a, and am ready to give to IheTaritmiea the 
emments they require. I aball always think 
:, under a constitution giving equal riabta to 
all parties, the alaveholding people, as such, can 
go to these Territories, and retain thtnr property 
there. But, if we adopt this proposition of the 
Senator from Kentucky, it is cleaHy on the basis 
that Slavery shall not go tbere. 

■' I do not onderatand the Senator from Kissia- 
slppi (Mr- Davis) to miuut^n the propoaition, 
that the South aaked or desired a law deelaiing 
that Slavery shouldgo there, erthat it maintained 
the pdicy even that it waa the duty of Congress 
tu pusa sndi a law. Wehave only asked, ondit 
is the only compromise to which we will submit, 
that Congress shall withhold the hand of violence 
iroili the Territories- The only way in nhi«h 
thla queation can be aettled ia, for gcntlemeu 
from the North to withdlB,w ail their ojipoaition 
to the I'erritorial Governments, and not inaisl on 
thoir Slavery Prohibition. The Union is then 
safe enough. Why, dien, inaist en a compromise, 
when theac already made are suScient for the 
peace of the North and South, if fiuthfully ob- 
served 1 These propositions are in the name ot 
a compromise, when none ia necessary." 

The debate trnviug engrotiaed tbe attention 
of Ihe Senate for ntariy two moatha — 

Mardt 25th. — Mr. Boogltta, from tlie Com- 
mittee OD Territories, j:eported the followiDg 
billa: 

B«nrie,lG9.— Abillfor the adm^aion ef CaU- 
fonjia into the Union. 

Senate, 170.— A bill to Mt^iah the Territorial 
Governments ot Utah and Neyr-Usxico, and fm* 
olhor purposes. 

Theee bills were read, and passed to a 
second reading. 

April lltk. — Hr. Doof^iBOved tbat Mr. 
Bell'a resdvea do lie on tbe table. Lost : 
yeas 26 ; Sajs 28. 

Jpril 15tk. — The diecossion ot Mr. Clay's 
resolutions still pnMiee^iog, Colonel Braiton 
moTpd that tljeprevioQs oraeis be postponed, 
and that tbe Senate eov wocood to con- 



Mr. Clay Djoved that this proposition do 
lie OD the taJjle. Canried : Teas 27 (for a 
Compromise) ; £^a;s 2i (for a settlemei^ 
without comproBiiBe). 

The Senate now took np Mr. Bell's re- 
solves aforesaid, when Mr. Beotoa moved 
that they lie on lie table. Lost : Teas 24 ; 
Kbjs 28. 

Mr. Benton nest moved that they be so 
amended as not to connect or mix up the 
admission of California with any other 
question. Lost : Teas 23 ; Nays 28. 



.Google 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



Tarious modiGcations of the generic idea 
were severally voted down, generally by large 
majorities. 

On motion of Mr. Foots of Miss., it was 



Mr.Claj, be referred 

Uurteen; Provided, that the Ser 
deem it necessary, and therefore declinea, to ex- 
press in advance any opinion, or to eive any iu- 
Btruution, either general or EpeciSc, fur the guid- 
ance of the Bud Committee-'^' 

April lOfft.— The Senate proceeded to 
elect by ballot sncb Select Committee, which 
was composed as follows : 



Phelps of Vt. Don-na of La. 

BellofTenn. KingofAla. 

Caas of Mich. Maoguin of N. C, 

Webster of Uaas. Maiion of Va. 

Berrien of Qo. Bright of Ind, 

May Btk. — Mr. Clay, from said Com- 
nuttee, reported as follows : 
BEPOET. 
The Senate's Committee of thirteen, to whom 
were referred various rcsolutiona relating to 
California, to other porlioiii of the territory 
recently aciiaired by the United States from 
the Eepnblio of Meiico, and to other Bubjocla 
ootmected with the inetitution of Slavery, have, 
according to order, had tteee resolntiona and 
anl^eelB under consideration, and beg leave to 
Bubmit the following Report : 
The Committee entered on the difcbarge of 
their duties with a, deep sense of ttieir great im- 
portance, and withenmeet and anxious solicitude 
to arrive at such coDclnsiotis as might be satif- 
fhctory to tliB Senate and to the cuuntry. Moat 
of the matters refeired have not only been sub. 
jected to extensive and aerioue pabllc discussiun 
uu-oughout the country, but to a debate in tho 
Senate itaelf, singular for its elabuiateaees and 

(notivos and yiewa which, on aeveral Bubieola 
Oondded to the Comuutteo, have detennineu the 
eonciuaiona at which they h&ve arrived, ssema 

Siite nnneaesaaij. They will, therefore, restrict 
emselves to a &w general obMrvatione, and to 
lome reSectioos which grow out of those sub- 
jeols. 

Out of our recent territorial aoquiailions, end 
In connection with the tostitutiOD of mavciy. 
qneetiona moat fp'aTS sprung, which, greatlv ui- 
'nding and (gitating ths people of the Unitod 
States, have threatened to disturb the batmony, 
ifnotteenda]iEerlheBafety,orthe Union. The 
Committee Itelieva it to bo hiehly desirablo and 
necesam-y speedily to adjuat nil thoae qnoationa, 
in^a apirit of concord, and in a manner to pro- 
duce, if practicable, general aatiafaction. They 
think it would bo unwise to leave any of them 
open and unsettled, to fester in the public mind, 
and to prolong, if not aggraTate, the existing 
aptation. It has been their objoct, therefore, in 
this Report, to make auch proposals and recom- 
mendations SB would uceomplish a general ad- 
jnatment " " " 

which coi „ . , - 

Iiitions offered 10 the Senate by the Senator from 



ngress anneimg ', 
is declared that " i 






xaa to the 
w Slatea of 



fh'e territory thereof, which shall be entitled to 
admisiioa, under the proviaiona of the Federal 

out of that portion of said territory lying Sontb 
of 36" 30' Sorth latitude, commonly known aa 
the Uissouri Compromise tine, shall be admitted 
into the Union with or without Slavery, as the 
people of each State asking admission may do- 

Tbe Committee are unanimonsly of opinion, 
that whenever odo or more States, formed out 
of the territory of Texas, not exceeding four, 

Texas, may apply to bo admitted into the Union, 
they are entitled to aacb admission, lieyond all 
doubt, upon tliu clear, anambiguous, and absolute 
terms of the solemn compact contained in the 
Resolution of Annexation adopted by Congress, 
and assented to by Teiua. But, whilst the Com- 
mittee conceive that the right of admiasion into 
tbe Union of any new State, carved out of the 
Territory of Texas, iiotexceeding the number spe- 
cified, and under the conditions stated, cannot be 
justly controverted, the Committee do not think 
tbat tho formation of any new States should now 
ordinate with Congreas. Tbe initiative, in con- 
formity with the usage which has hitherto pre- 
vailed, abonld be taken by a portion of tbe peo- 
ple of Texas themselves, deelrona of constituting 
anew State, with the conaent of Texas. And in 
the formation of such now States, it will he. for 
the people compoaing it to decide for themselves 
whether they will admit, or whether they will ei- 
chlde, Slavery. And however they may decide 
that purely municipal qneBlion, Congress is bound 
to acquiesce, and to fulfill ineood faith the stipu- 
lations of tho compact with T%xaB. TheComniit- 
tee are aware that it has been contended that the 
. resolnUon of Congress annexing Texaa was ua- 
conatitutional. At a former epoch of our coun- 
try's history, there were those (and Mr. Jefierson, 

was conclnded, waa among thEm|) who l)elieved 
that the States formed out of Louisiana could not 
be received into (he Union without an amend- 
ment of the conatitiition. But Uie Statesof Loui- 
siana, Miaaouri, Arkansas, and Iowa have been 
all, neverthelesa, admitted. And who would now 
think of opposmg Minnesota, Oregon, or new 
States formed out of the ancient province of 
Louisiana, upon the ground of on alleged original 
defect of constitutional power? In grave nation- 
al transactions, while yet in their carher or in- 
cipient stages, differences may well exist ; but 

tional m^'ority, and are consummated, or in a 
process of conaummaUoQ, there can be no other 
satb and prudent alternetive than to respect ih^ 
dcciaion already rondorod, and to acquiesce in it. 
Entertaining theae views, a m^ority of tbe Com- 
Diittee do not tbink it neoeesary or proper to re- 
commend, at this time, or prospectively, any new 
Stale or States to be formed out of the territory 
of Texas. Shoidd any such State be hereafter 
formed, and present itself for admission into the 
Union, whether Willi or without tbe eatabbshment 
of Slavery, it cannot be doubted that Congreas will 



Mew-Mexico ai 



wGoogle 



THE COHPEOMISE OF 1850. 



61 



ty of the Committee conceive Hat any irregu- 
Jarity, by which that Stale was organiiea without 
the previous authority of an act of Congreea, 
ongfat to bo Dvertooked, in cniigideratioD of the 
omisslou by Cougre^s to estAblieb enj lerrttorial 
govemment for the people of Califbrnia, and the 
coneeqacnt DBceseity vbich they were Dnder to 
■create a government for thcmeelvea, beet adapt ed 
to their ovra nants. There are varions instancea, 
prior to the case of Califomia, of the admiBsioa 
of Dew Slates into the Union without any pre- 
" ' '* n by CongreBS. The sole con- 



ditio i 



ly the Conal 



is, that its consiitution shall be republics 
form. Califbruia presents such a eonalJtu 
and there is no doubt of her having a gr 
population than that which, according ti 



In regard to the proposed boundariei of Cali- 
fornia, tbe Committee would have been glad if 
there existed more fall and accurate geographi- 
Cdl knowle<^ of the territory which these bound- 
aries include- There is reaaon to believe that, 
large as they are, they embrace no very diepro- 
[lortionate c[uantity of land adapted to cultiva- 
tion. And it is known that they contain exten- 
sive ranges of mountains, deserts of sand, and 
mnch unproductive eoiL It might have been, 
perhaps, better to have assigned to Culifomia a 

there had been reserved, on the shore of that 
ocean, a portion of the boundary which itpreeents, 
for any other Stale or States, it is not very 

extent could bave been given to them to render 
an ajHiroach to (he ocean, chrongh their own lim- 
its, ot^very great importance. 

Jl majority of tbe Committee tbinh that there 
are many and argent concurring consideratior 
in favor of admitting CaUfomiB, with the pri 
posed boundaries, and of aeouiing to her at th 
time the bencQla of a State govermuenl> I 
hereafter, upon an increase of her population, 
more thorough exploration of her territory, an 
an ascertainment of the relations whidi ma 
arise between tbe people occupying its vsrioi 
parts, it ehoaid be found conducive to Ibetr coi 
venience and happiness to form a new Stale oi 
of Califomio, wo have every reason to beUev< 
tram past experience, that the i^uestion of its tv 
mission will be fsirly considered and justly di 

A majority of tbe Committee, therefore, recon 
mend to the Senate the passage of the bill r 
ported by the Committee on Territories, for tl 
admission of California as a Stale into the Unio: 
To prevent misconception, the Committee alt 

same Committee to the bill be adopted, so as tc 
leave inconteatable the riebt of Ibe United Statei 
to the publio domain and other pnblio properiy 
of California. 

Whilat a majority of the Committee beli( 
to be necessary and propeTj under actual cii 
stances, to admit Colifomis, tbey think it quite 
aa neceasary and proper to establiab government 
tor the reaidue of the territory derivS from Me: 
ico, and to bring it within the pale of the federal 
authority. The remoteness of that territory 
the seat of the general government ; the dieporsed 
-■-■- -'-ts population; the variety of races— pr- 



providing for Ibem government and laws suit- 
to their condition. Congress will tail in tbe 
rformanee of a bigti duty, if it do not give, 
attempt to give to Ibem, the benefit of sach 
iteclion, government, and laws. They ore not 
w, and for a long time to Bome may not be, pro- 
red for Slate govemment. The territorial 
m, for the present, is best suited to their condi- 
n. A bill has been reported by the Committee 
. .. Terriloriea, dividing all the territory acqaired 
from Mexico, not comprehended within the limits 
of Califoroia. into two territories, under the names 
f New-Mexico and Utah, and proposing for each 
lerritorisj government. 

The Committee recommend (o the Senate .the 
establishment of those territorial governments ; 
and, in order more certainly to secure that desira- 
Wect, they also recommend that the bill 
eir establishment bo incorporated in the bill 



liied— of w 






of some of the races of 0»r laws, language, a 
habits ; 1h^ exposure to inroads and wars o 
savage tribes ; and the aolemn atipulations of th 
treaty by which we acquired dominion overlhei 
— impose upon the United Slates the imperaliv. 
obligation of extending to them prelection, and 



igelher, they bt 



) passed, 
I Iho two 



same bill is objected to on vi 
is said that they are incongruous, and bave no 
necessary conneclion with each other. A majority 
of the Committee think otherwise. The olgect 
of both measures is the estabUsbmen t of a govern- 
ment auiled to the conditions, respectively, of 
the proposed new State and of tho new Terrifo- 
ries. Prior to their transfer to the United States, 
they both formed a part of Mexico, where they 
stood In equal relations to tbe government of that 
republic They were both eeded to the United 
States by iho same treaty. And, in the same ar- 
ticloof that treaty, (he United Statos cneaged to 
protect and govern both. Common in Dicir ori- 
gin, common in their alienation from one tor- 
0^ government to another, common in their 
wants of good government, and conterminous in 
some of their boundaries, and alike in many par- 
ticulars of phyucal condition, tbey have nearly 



general fitness and proprie^ in extending tbe 

farental care of govemment to both in common. 
f California, by a sudden and eilraordinary ang- 



1 in the relation 






meed so 



oned 



iture for herself a Slatt . . 

^e no reason why the lees fortunate Territo- 

New-Mexico and Utah should bo aban- 

__ judleft ungoverned by the United States, 

ihould be disconnected with California, which, 

lough she has organized for herself a State 

""iuni; 

, _.__ ... 1, members 

y bo willinK to vote for one, and unwilling 
ie for the otter, would be placed ' 
condition. They won! " ' 



ned, it 



,is urged, to fakeorr^eot both. Onthootherhand, 
there are other members who would he willing 
to vole for both united, but would feel them- 
selves constrained lo vote againat Die California 
bill if it stood alone. Each party finds in the bill 
which it favors something which commends it to 
acceptance, and in the oUier something which it 
disapproves. Tbe true ground, therefore, of the 
objeef ' ■■ ' ' "- ~ ■ ' 



want of affinity between them, but beoauae 
__ .he favor or disfavor with -'---'- -^ 
ipectively r^arded. In Uila ' 



at the favor or disfavor with which they are 
' ~ rded. In Uila confiict of opinion, 

i^ority of the Committee that a 



wGoogle 



THE STRUGGLE FOB SLAVERY RESTEICTIOS. 






Hon m not at all nnnBual. Pew lawn have ev* 
poBBBd ia which there wore not pwla to whic 
exeeption wm taken. It ia inespcdient, if dc 
impractictible, tosepw-Hte these parts, and en 
body them in distinct bills, so aa to ticcainmiHial 
the divcreity of opialon which may eiist Tli 
Constitution of the United States contaiaed i 
it a great variety of proi 

serious objection was i _ 

vhioh fbrmed it, by different menibete of that 
body; and, when it was sahmittsd to lbs ratifiot 
tion of the States, some of tliem oljjected to aooi 
partB, and others fo other parts, of the same inntru 
ment. Had these various paita and provision 
been eeparately acted on in the convention, o 
separat^y sabuiitted to the people of the United 
Stales, it is by no means certjua that the Cons'' 

ratified. Those who did not like particular ni 

And in all caeea of eonstitulion and laws, when 
sither i» presented aa a whole, ' 

be decided ia, whether the good 1 ._ 

ianotof BrcBter amount, and capable of ncutrfllis- 
ing anything ohjectionable in it. And, as nothing 
human is perfect, for the lakeof that haimony t' 
desirable in aaeb a confederacy aa thie, we mm 
be reconciled lo secure as mnrJi as we can of wbi 
we wish, and be consoled bjr tbe reflection tbi 
what we do not eiactly like is a friendly oonce 
Mon, and agreeable to tho^e who, being unite, 
with us in a fiomnion destiny, it is desurahle, 
^ouM always live with us in peace and cou- 

A majority of the Committee hove, Iberelbre, 
been led to the recommendation to the Senato 
that the two measures be anittd. The hill for 
esteblishinic (he two Territories, it will be oba 
ed, omits the Wilmot proviso on the ono h 
and. on (be other, makes no provision for thi 
(roduolion of Slavery into any part of the 
Tijrriloriee. 

That proviso has been the frnithil sourc 
distraction and agitation. If it were adopted and 

"igat^ lorci 

ision for it to aofiomplirfi (he 
l^roiesseu oujeiic with which it was originally 
offered. Thia has been clearly demonstrated by 
the current of events. California, of all the re- 
cent lerritoriol acquisitions from Ueiico. was that 
in winch, it anywhere mthih them, tbo introduc- 
tion of Slavery was most likely to take place 



I of Coli 






vote of her coaveolion, bos eipnSBly interdicted 
ib There is the highest d^ree or probability 
that Utah and New-Meiico mil, when they come 



practical import, R has, nevertheiess, had the per- 
Dteious effect to excite serious, if not alarming, 
consequences. It is hish time that (he wounds 
which it has inflicted should be healed up and 
closed. Andj In avoid, in all future time, the 

Sitations which must be produced by the conflict 
opinion on tlie Slaveiy question, existing as 
this institution does in some of the Stales, and 
prohibited as it is in otbers, the (rue principle 
which ought to regulate the aciion of Congress 
in formi^ Territorial Governments for each 
newly 'Boquired domain, is to refrain from all 



Committee believe that they express the anxious 
desire of an immense m^rity of the people of 
the United Slates, when they declare that it is 
high time that good feoUng, harmony, and frater- 
nal sentiment should be again revived, and that 
(he Oovemment should be able once moro lo pro- 
ceed in its great operations to promote tbe bappi- 
nesB and prosperity of the country, undisturbed 
by this distracting cause. 

As for California — far from seeing her sensi- 
bility affected hy her bemg associaled witb other 
kindred mooaares — she ought to r^ice and be 
highly gratified thai, in entering into the Union, 
she may have contriboted to the tranqnillily and 
happiness of the great family of Slatvs, of whicb, 
it IB to be hoped, she may one day be a dialiu- 
guiflied member. 

Ibe Committee beg leave next to report of 

Actordingto 
it, tie western limit of Texas was the NuereSi 
wording to another, it extended to the Kio 
andc, and stretched from its mouth to its 
irco. A miyuritj; of (be Committre having 
ne to the conclusion of recommending an ami- 
lie adjustment of the boundary with Texas, 
itain from expressing any opinion as to the 






a bill h 



with 



reported, and tirey ai . , 

tion, tite same as that reported by the Committee 
on Territories. 

According lo these (erma, it is proposed lo 
Texas that her boundary bercci^nizedtolheltio 
Grande, and up that river to tho point commonly 
called Et Paso, and tbence running up that river 
twenty miles, measured (hereon by a straight 
line, and thence eastwardly to a point where the 
hundredth degree of west longitude crossea Red 
River; being Ihe southweet angle In the line de- 
signated between the United States and Mexico, 
and the same angle in the line of the territory set 
apart for the Indians by the United States. 

If this boundary be assented to by Texas, 
she will be quieted lo that extent in her title. And 
some may suppose that, in conwderution of this 
.... by the United States, she might, with- 



ia% 



sidering that a portion of the debt of 

. as created on a pledge to her creditors of 

the dutieson foreign imports, transferred by the 



solution 



tived and r^ 



o the United S 
ivahlein her treat 



ijority of theComi. . , 

in«it of tbe sum of millions of dollars to 

Texas, to be applied in (he flrat instabce to the 
9Xtiaction of that portion of her debt for (bo re- 
imbursement of which the duties on foreign im- 
ports were pledged us albrtaaid, and the residue 
■" —lb manner as she may direct. The sum is 
paid by the United States, in a stoclt, to be 
created, bearing five per cent, interest annually, 
payable half-yearly, at the treasury of the United 



s proposed (bat Twas shall relinquish her 

m, embracing (bat port of New-Mexico Ijmg 

t of the Eio Grande, a little less than iai,933 

aqnare miles, aiid about 79,9S7,I2U acres of land. 

From the proceeds of the sale of this land, Iho 

United State« may ulUmatoly be reimbursed a 



wGoogle 



THE COMPEOMISE OF 1830. 



porlion, if not flic vbole, of the amount of wliat 
13 thus proposed to be adTanced to Teiii«. 

It cDDnot bo anlicipatod that TeinB will lie- 
cline to accede to the«e liberal propoeitioDe ; hut 
iC she should, it n to 1>e distinctly understood that 
the title of the United StBlee to Buy territory sc- 
qtiirod ni>in Mexico eaet of the Rio Grande will 
remain nnimp^red, and in the same condilioa ae 
if the propoaalB of aijjuetinent now offered had 
never been made. 

A nu^ority of the Commilfee reeommeiid to 
the Senate that the section .cout^ing these pro- 
posals to TeiaH shslL be incorporated into the 
bill emhraeing the admission ot California as a 
State, and the establishment ot terrilorial Eovern- 
ments for Utah and New-Mexico. The dofliiition 
and estflbliahmeDt of Ibe boundary between Hew- 
Meiico and Teins have on intimate and neces- 
sary eonneofion with the eBtablishmont of a tor- 
rilorial KoTemment for New Mffiiico. To form a 
territoriai government for New-Meiico, without 
prescribing the limits of the Territory, would 
leave the work imperfect and incomplete, and 
might eipose New-Meiioo to serious coBtroveiBy, 
if not dangerous colli^ons, with the State of 
TeiHS. And most, if not all, the considerations 
which unite in favor of combining the bill for (he 
admission of Califomia as a State and the Territo- 
rial bills, apply to the boundary question ot Tei- 
as. By the union of the three measures, every 
question of difficulty and divituon which has 
arisen out ot the tertitorial aeqnisitions from 
Mexico, will, it is hoped, be o^usted, or placed 
in a tiam of satisfactory ai^nstment. The Com- 
mittee, aviuling. themselvee of the ardoauB and 
valuable labors of the Committee on Territories, 
repori a bill, lierewitli annexed, (maiked A),| em- 
bracing those three measoree, the passage of 
which, uniting Ibem logeliier, they recommend 
lo the Senate, 

Tbe Committee will now proceed lo the con- 
sideration of, and to report upon, the snbjecf of 
pemons owing service or labor in one Swte es- 
caping into another. The text of the Constitution 
is qnite clear : '■ No person held to labor or service 
in one Stale, urtiieT- tA« iowi thereof, escaping into 
anotlier, shall, In consequence of any law or regu- 
lation therein, be dischu'ged from snoh service or 
labor, hut thall ie ddicered vp oa the claim of 
tbe party la whom snoh service or labor is due." 
Nothing can be more explicit than this language 
— nothingmore manifest (ban the right to demand, 
and the obligation to deliver up lo the claimant, 
any such ttiffitive. And the Constitution address- 
es itself ali&e to the Stales compo»ng the Union 
and to the General Government. If, indeed, 
there were any difference in the daty to enforce 
this porlion of (he Conatitntion between the 
States and the Federal Government, it is more 
clear lliut it is that of tbe fiirmer than of the lat- 
ter. Hut it is the duty of both. It is well known 
and inconlesloble that citizens of slaveholding 
States encounter the greatest difficulty in oblMn- 
ing the benefit of this provision of the Constltu- 

The attempt to recapture a tiigilive is almost 
always a subject of great irritauon and esdte- 
ment, and often leads lo most unpleasant, if not 
[lerilous, collisions. An owner of a slave, it is 
juile notorious, camiot pursue his property, for 
the purpose of its recovery, in some of the States, 
without imminent personal haiard. This is a 
deplorable state of things, which ourbt to be re- 
medied. The law of 1793 has been found 
wholly ineffectual, and requires more stringent 
''"°"'"'°"'° There is especially a deficiency in 



Vaii 



Slatea have declined to afford a._ .„ 
•peration in the surrender ot fugitives fro; 
"" " " ■ " jmmittee believe, from a misooi 



ception of their duly, arising nnder the Constitn- 

sion of the Snpreme Court of the United Statea 
has given countenance to Ihem in withholding 
their assislnnce. But the Committee cannot but 
believe that the intention of the Supreme Court 
has been miHUnderstood. They cannot but think 
Uiat that Court merely meant that laws of Ibo 
several States, which created obslacies in the 
way of the recovery of fugitives, were not au- 
thorized by the Constitution, and not that the 
State laws affording facilities in the recovery of 
fugitives were forbidden by that instrunienf- 'rho 
non-slavcbolding Slatea, whatever sympathies 
any of (hdr cittzecs may feel for persons who 
escape from other States, cannot discharge them- 
selves from an obhgation to enforce Ihe Congtltu- 
lion of the United States. All poits ofthe instru- 
ment being dependent upon, and connected with, 
each other, ou^ to be (urly and justly enforced. 
If some States ma^ seek to exonerate them- 
selves trum one portion of the Constitution, other 
States may endeavor tu evade the performance 
of the other portions of it; and thus tbe instru- 
ment, in some of the most important provisionB, 
might become inoperative andlnvalid. 

Hut, whatever maybe the conduct of indivi- 
dual States, the duty of Ihe General Government 
is perfectly clear. That duty is, to amend Ihe 
existing law, and provide an effectual remedy for 
the recovery of fugitives from service or labor. 
In devi^ng such a remedy, Congress ought, 
whilst, on the one hand, securing to the owner 
the fair restoration of his property, effectually to 
guard, on the other, against any abuses in the ap- 
nlicalion of tfaat remedy, 

[o all cases of arrest, within a Stale, of persona 



:arged with ol 



in all C( 



^eof tl 



fugitives from justice from one State to an- 
other State ; in all cases of eitmdition, [irovided 
for by treaties between fordgn powers — the pro- 
ceeding nniformly is summary. It has never 
been thought necessary to apply, in oases of that 
kind, the forms and ceremonies of a final trial. 
And, when that trial does take place, it is in the 
"'-'- or conntr)" from which the parly has 8ed, 
lot m that in which be has found reliige. By 



ahich, he Jled : and, consequenlly, it is most pro- 
per that the tribunals of that Slate should ei- 
Kund and administer its own laws. If there 
ve been any instances of abuso. in the errone- 
ous arrest of tugitivea from service or labor, the 



They beliei 



kely to 



guard against the possibility ot their Accurrence, 
Ihe comniittee have prepared, and herewith re- 
port, a section, (marked B.) to be offered lo the 
fugitive bill now before the Senate- According to 
this section, (he owner of a fugiljve from service 
or labor is, when pmclicable, to carry with hun 
to the State in which the person is found a record 
from a competent tribunal, adjudicating the fact 
of elopement and slavery, with a general de- 
scription of the fugitive. TTiis record, properly 
att^ted and certified under the official seal of the 
court, being taken to tbe State where the person 
owing service or labor is found, is lo be held 
competent and sufficient evidence of the fads 
which had been adjudicated, and will leave no- 
thing more to be done than to identify the fngi- 

Numerous petitions have been presented pray- 
ing for a trial by jury, in the case of arrest of 
fugitives from service or labor in the non slave- 
holding SAien. It has been already shown that 

uniform usage in all sunilar esses. Under the 



wGoogle 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



icd chenshed iaatitnliou— 
■, never oiipiLed in cases 
ling, «D<i onlj in oaseB 
ula be a complele mock 
. the owner of ihe fugilivi 
If Ibe trial by Jnry be a"- — -" 
after it iU usual oonseiiueui!!' 
I — .■... . ^^ tixne, to bring evi 



.BO far 









cases where the Jury is hune, or tbe verdict is 
set aside ; and of revwala of tbe verdict aod con- 
duct of ibe jarieB bv i^ompateut tribnnBls. Dur- 
ing tbe progress ot^all these dil&torj and expen- 
Hvo proceedinea, what sectirily is there as to the 
custody and (orthcomiDj: of tbe fURitivo upon 
their tenntnatiau ? Anu if, finitlly, the claimant 
diould be SDCcetsfnl, coutrar)- to what happens 
ID ordiniu-y litigntion betweea free persona, be 
woald have to bear all the bnrdena uid ciponaos 
of tbe litiRalion, without Indemoitj, and would 
learn, by ssd eipwience, that fae hod by far bct< 
tat abnudoD his right in the first instance, than 
to eBtublisb it at such unremnnerated cost and 

by jury ia a State where a fueitive from service 
or tabor is recaptured, would bo a virtual denial 
of justice Id the claimant of such fagilive, and 
would be tantamount to a positive refu»sl to exo- 
onle the proviaion of tbe Constitulion, the same 
objections do not apply to such a trial in the State 
from wbich he fled. Ia the alnvoholdiug States, 
full justice is Bdmiuisterod, with entire furness 
and impartiality, in cases of ail actions fur IVee- 
dom. Tbeperson claiuiingbisfreodomisallowed 
to sue in /uma pauperii : counsel is assigned 
him ; time is alloned bim to collect bis witnesses 
and U) iittend tbe Becsiens of thecourt; and his 
claimant ia placed under bond and security, or ia 
diveated of the poaaftssion during tbe progress of 
insure tbe enjoyment of these privi- 
tbere be any leaning on tbe put 



the trial, t< 

of courts 
tbe clalma 



ndjim 



1 the feelings and pr^udiees 

Committee propose anch a trial iu Ibe State from 
wbich the fa^tive fled, in all eesee where be de- 
ciarea to the officer giving tbe certificate tor his 
return that he has a right to bis freedom, Ao- 
Singly, the Commillee have prepared, and 

irtTierewith, (marked C), two — " ''-'- 

■ reeOmmend should be inoor 



fugi 



incorporated in the 
tbe Senate. According 
aimant is placed under 
• — tho fugitive to tbat 



bond, and require 
county iu the State from wbicb 
to take hint before a competent tribunal, and al- 
low him w assert and eatabliab hia freedom, 
if be can, affording to bim for that porpo&e all 
Treedfnl facilitica. 

Tbe Committee indulge the hope that if the 
Fugitive bill, ^th the propoaed amendmenta, 
■ban be passed by Congi^esa. it will he eOectual 
to aacure the recovery of all fugitives from ser- 
vice or labor, and it will remove oil causes of 
complaint which have hitherto been experienced 
on that irritating subject. But, if io-ita practi- 
cal operation it shall be found insufficient, and if 
no adeqaalo remedy can be devised for Uie res- 
toration to their owners of fugitive slaves, those 
owners sball have a just title tc iudemnity out 
of tbe Trensut? of tbe [Jnited Slates. 
' It remains to report upon the resolutions in 
relation to Slavery and the Slave-Trade in the 
District of Columbia. Wllbont discnsang tbe 

Kiwcr of Congpess to aboltab Slavery withm tbe 
istrict, in r^ard to irhicb a diversity of opin- 
s, tbe Committee are of opinion that it 



aght not to br 



Itcc 
sable conditions which ar 



intbiaDialrict,theywouldapprelicndlhaf, undt 
jome prefeit or another, it might bereailer b 
sUempted to be eieroised within ttae slaveholdin 
="-'-- It is true that, at present, all snch powt 



that where there is 



Nordi 



■of Slav 



_ — witbinthe Dis- 
trict moke the abolition of Slavery en object of 
any such conseqienco as appears to be attached 
.„.ii..,„™»pa,a(,flbfl Union. «■ — .<i-—-"- 

cnuidiia count- '- 

.th side of the Potomac, tl 
siati only of Waafaington cottnty on the north 
side of that river ; and the returns of tbe decen- 
nary ennmeration of the people ot the United 
States show a rapidly progresaing decreaae in 
(be number of aUves in Washington county. 
According to tb<' census of 1S3U, the number wu 
4,505 ; and in 1840, it was reduced to 3.%>0 ; show- 
ing a reduction in ten years of nearly ono-tblrd. 

ber, according to the cenaua now about to he 
taken, nUl be only a little upward of two thou- 

But a majority of the Committee think difi^er- 
ently in i™ard to the Slave-Trade within the 
District By thai trade is meant the Introduc- 
tion of slaves from adjacent States into the Dis- 
trict, for sale, or to be placed in d*p6t for tho 
purpose of aubseqacut sale or tronsportittion to 
other and distant markets. That trade, a majori- 
ty of (he Committee are of opinion, ought to be 
-noliebed. Complaints "" — ' — !-'-j 

imbers tVom" Ibe North. It is a trade «...._ 
times eihibitiug revolting spectaclea, and one in 
which the people of tho Diatrict have no inter- 

sirous tbst it should Wdiacontinned. Most, if 
not all, of the alaveholding Stales have, either in 
their constitutions or by penal enactments, pro- 
hibited a trade in slaves aa merchandise within 
their respective juriadiolions. Cwgresa, stand- 
ing in r^ard to this District, on this suWect, la 
arelation aimllartothatof tbe State LesisFatures, 
to Iho people of the States, may safely follow tbe 
example oTtbe l^tes. The Commillee have pre- 
pared, BHd herewith report, a bill for the aboli. 
tion of that trade (marked D), the paasnge of 
which they recommend to the Senate. This bill 
has been iramed after the model of whattbelaw 
of Maryland was when the General Government 
wasremoved to Washington. 

The views and recominendalions contained in 
this report nuiy he rooapitulated in a few words : 

1. The admission ot any new State or States 
formed out of Texas lo be postponed until they 
shall hereafter present themselves to bo tecelved 
into tbe Union, when it will be tbe duty of Con- 
gress fairly and faithfully lo execnte tbe com- 
pact with Texas, by admitting such new State or 



icqulred by the United States from H 
mntained in the boundaries of f-'"' - 

4. The combination of these t 
kl measures in tbe same bill ; 

5. The eetablisbmeut of tbe w 



wGoogle 



THE COMPROMISE OF 1860. 



em hma idaries of Telas, nnd the exclusion from 
her junadiction of all Mew-MMico, wilh the 
erant to Texas of a peouniai'v eguisalent ; and 
the section for that purpose toTw incorporated '- 

6. More «ffectuB] earn 

(ho prompt delivery of , .. ._. 

or labor ia one State, andor the Inwa Iheroof, 
who escape into anofher State ; and, 

7. Abstaining from aboiiBhing Slavery; but, 
■ a heavy penBlly, prohihitine the alavelrade 



inthoDiatrittof Colin 

. If euch of (heeo bi 

Iwislatioh siiould ire cmried out by euilabie 

of Congrsf- -" ' - -'-"'- — - 






■ersies to which 

^ have given rise, and all 

eiisting q;ueatmns connected wilh the im " 
of Slavery, whether resulting from those 
tions, or from its existence in tlie Stales and the 
District of Columbia, vrili be amicably settled 
and ai^neted, in a manner, it is confidently t - 
lieved, to give general satisfaction to an ovi 
whelmine Sllljonty of the people of the Cnit 
Slates. Cei^^rees will have tiilfilled ila whc 
duty in r^ard to the vast country which, he 
ing been ceded by Mexico io the TJnlled Stati 
has fallen ander their dominion. It will ha 
eifended to it protection, jjrovided for its several 
parts the ineetimable blessing of free. uid n^ult 
^vernment, adapted to their various wants, an 
placed the whole nnder the banner and the flag 
of (be United Statea. Meeting courageously ■"*- 
clear and entire duty, Congrees will esoapo i 
unmerited reproach of having, from considera- 
tions of doubtful policy, abandoned to an a 



tlon is making irresistible appeals to the nei. 
aoverdgnty to whieb (hey have been transferred 
for protection, for government, for ir"' — ■■ '— 



. ._, dDg all 

ment and agitation, loavca none open to divide 
the country and diBturb the general harmony. 
Tlie nation haa beeo greatly convulsed, not by 
measures of general policy, nut by questions of 
a sectional ^faaracter, and, therefore, more dan. 
gerous, and more to be deprecated. It wants re- 
pose. It ioves and cherishes tbe Union. And it 
IS most cbeeriag and gratifying to witness the 
outbursts of deep and abidiof attachment to it, 
which have been exhibited In all .pBrts of it, 
amidst all the trials through which wc have pass- 
ed, and are passing. A people so patriotic aa 
those of the United States, will ngoice in an ac- 
commodation of all tronbles and difBcnItiea by 
which the safety of that Union might have l>een 
brought into the least danger. And, under the 

Htudea, has never ceased to extend to them His 
protecting care, Hia smiles. His blessings, they 
will continue to advance in population, power, 
and prosperity, and work out triumphantly the 
glorious problem of man's capacity for selt-gov- 



The Senate proceeded t« debate from day to 
day the provisiona of the principal bill thus 
reported, eomraonly termed " the Omnibus." 

Jurte 28Ch. — Mr. Soul§ of Louisiana moved 
that all Boath of 36° 30 ' be cut off from Cali- 
fornia, and formed into a territory entitled 
South California,' and tliat said territory 



" shall, when ready, able, and willing to be- 
come a State, and deserving to he such be ad- 
mitted wilh or without Slavery, as the people 
thereof shall desire, and make known tlirough 



This was rejected : Teaaig (all^outhem). 
Nays 3G. 

/ii/(/10(A.— The discussion was ititcrruptwl 
by the death of President Taylor Millard 
Fillmore succeeded to the PresidcuLy, and 
William E. King of Alabama was chosen 
President of the Senate, pro tempore 

Julg 15(A.— The bill was reported (o the 
Senate andamended so as to substitute "that 
Oon^ss shall make no law establishing or 
prohibiting'' Slavery in the new territories, 
instead of "in respect to'' it. Yeas 27; 
Nays 25. ^ 

Mr. Seward moved to add at the end of 
the 37th section ; 



'■But nslthe 


r Slavery nor in 




lowed in'either o 


KcVmoSc 


or- Utah, except 



a legal oonvic- 

Which was negatived ; Yeas aud Nays not 
taken. 

July lltk. — The Senate resumed the con- 
sideration of the ''Oianibns bill." 

Mr, Benton moved a change in tho pro- 
posed boundary between Texas and New- 
Mexico. Rejected : Yeas 18 ; Nays 3S. 

Mr. Foote moved that the 3ith parallel of 
nortli latitude be the northern boandary 
of Texas tiroaghoat Lost ; Yeas 20 ; 
Nays 34. 

Jiily 19(^-- -Mr, King moved tUt the 
parallel of 35" 30' be the southern boundary 
of the State of California- Eejected : Teas 
205 Nays 37. 

Mr. Davis of MissisMppi moved 36° 30'. 
Rejected : Yeas 23 ; Nays 32. 

July 23d. — Mr. Tiimey of Tenn. mored 
that tne people of California be enabM to 
form a new State Constitution. Lost : 
Yeas 19 ; Nays 33. 

Mr. Jeff. Davis of Mississippi moved to 



f species 

of properly legally held in any of Ihe l^tafes of 
this Union, be, and are hereby declared to be, 
null aad void." 

•niis wasrejccted : Yeas 22 ; Nays 33. 
YEAS — For Davis's amendment: 

McBSie. Atchison, Mo, King, Ala. 

Barnwell, S. C. Mangnca, N. 0. 
Bell, Tenn. Mason, Va, 
Berrien, Ga. Morton, Fla. 
Butler, S. C. Pratt, Md. 
Clemens, Ala. Kusk, Teiae, 
Davis, Miss. Sebastjan, Ark. 
Daweon, Ga. Soule, La- 
Downs. La. Tumey, Tenn. 

1, Teios, Underwood, Ky. 



Hunti 



Yulu. 



lerwood, Ky. 
;o, Pia.-!K 



.Google 



THE STHlfGGLE FOE SLAVERY BfiSTBICTION. 



HAYS — Against Davis's amendment: 
M«BBr9. Bodeer, N. C. Foote, Misa. 



YEAS— For Dawson's amendtn^t 



BnldtriD, Codo. 
Beaton, Ma. 
Bradbun, Me. 
BTiKht, ind. 
Chbb, Hicb. 
Chase, Obio. 
Clarke, R L 
Clay. Kj. 
Cooper J-a. 
DaviB, Mam. 
Dayton, N. J 
IMckinson. N. T. 
Dodge, Wise. 
Dodge, Ions, 



B,R.L 

Hale, S. H. 
HunliD, He. 

MUtet', n"^ 
Norris, N. H. 

Seward', N. if. 
Shields, 111. 
Smith, Conn. 



Dodge, 



..Itich. . 

Whitoomb, Ind.— 33. 
Juli/ 24iA.-— Mr. Kask moved that the 
Eio Grande del Norte be the western boand- 
aiy of Texaa throngiiout, as defjoed in her 
statute ot limita. Brfeeted : Teas 18 (all 
Southern) ; Nays 34 (Douglas not voting). 

JtUy 25th. — Mr, Hole moved that the true 
bonndaiy of Texas be ^certained and coo- 
formed to, without prejadiee on account of 
aD)^ing contained io tbia bill. Rejected 
Teas 23 ; Nnja 30. 

Mr. Benton moved an amendment intended 
to exclftde from Tesas every portion ot N 
Mexico. Rejected: Teas 16; Nays 38, 

JiUy 26(A. — Mr. Seward moved that 
New-MekiGO be adontted as a State into 
the Union, Rejected : Teas 1 (Seward) 
Na]r842. 

July 29M. — Mr. Dayton of If. 3. movea 
that the trae northern boundary of Texas be 
Bfioertaiaed and settle^ by an amicable suit 
before the Supreme Court. Eejeeted ; Teaa 
18 ; Nays 34. 

Mr. Mason of Tirginia moved that the pi _ 
posed commissioners to settle the bomidary 
of Texas be authorized, in case the truelegal 
boundary be fonnd impracticable, to sgr^on 
and fix a convenient compromise boundary. 
LoM, by ft IJe : Teas 29 ; Nays 29. 

- Mr. Tnmey. moved that no pecuniary con- 
'rideration be riven for any change from the 
rightful boandary of Texas. Bejecled : Yeas 
20 ; Nays 31. 

Jvly 30tA.— Mr. Walker of Miss, moved 
Otat thU bill do lie on the table. Lost : 
Teas 25 ; Nays 32. 

Mr. Dawson of Go. now moved the fol- 
lowing additional section •■ 

'" And He it further enacted. That, nnfil each 
time S8 the boundBry line between the State of 
Teau tnd the tenitorj' of the Uoited States be 
weed to b; the Legislature of the State of 
"ftias and the government of the United 8tate.i, 
1he Territorisl Eovernment authoriiod by Hub 
act shdl not go into operation east of the Rio 
'Srande, nor shall any State be estsbliabed for 
Sev-Meiica, embrscing any territory eoat of the 
Sia-Qrande." 

This prevailed by the following vote — 30 
to 28— and gave "the death-How to the 
" Omuboa Bill." 



NA YS — Against Dawson's amendmrnt : 
HeMrs. Baldwin, Hamlin, 

Uentea, Miller, 

Bradljury, Korris, 

Bright, 



Chase, 
Clarki 



Seward, 



Davis, Mass. Smitb, 

Dayton, SptUBUce, 

Dodfe of Wiac. Underwood, 

DonglflS, Ilphsm, 

Ewing, Walea, 

feich, Wslker, 

Bteene, Whitoomb, 

Hale, Winlhrop— 28. 

Mr. Bradbury's amendment, thus amend- 
ed, prevailed by a similar vote : Teas 30 ; 
N^ 28. ' 

[It provided for the appointment of com- 
missioners to determine, in connection with 
commissioners to be chosen by Texas, the 
Northwn boundary of that StateJ^ 

Jvly 31s(.— Mr. Norria of N. H. moved 
to strike fcom the bill the words, " nor estab- 
lishinff DOE prcAibitii^ African Slavery" 
(whirfi words deny to tSe Territorial Legis- 
mtures the power to establish or prohibit 
Slavery), Carried : Teas 32 ; Nays 20. 
(Nays all Southern, but Ewing of Ohio and 
Whitoomb of Ind— Cass, Clay, Dayton, 
Dickinson, Douglas, Seward, etc., in the 
affirmative.) 

■ Mr. Fearce of Md. now moved to strike 
from tlie bill so mnch thereof as provides a 
Tcrritdrial Government for New-Mesico, 
and for settling the boundary between her 
and Texas. Carried ; Teas 33 (including 
all the opponents of a compromise, whether 
from the North or the South, aod all those 
averste to Jiayinc Texas ten milliona of dol- 
lars for relinquiSiing her pretensions to ab- 
sorb New-Mexico, with some who woold 
not vote in this conjunction for the portions 
of "the Omnibus" severally disapproved of ;) 
Nays 22 : 

YEA S — For breakiTig up " the Omnibiis" : 
Meears. Baldwin, ' Hunter, 

Barnwell, Mason, 

Benton, Miller, 

BerrioD, Morton, 

Butler, Pearee, 

Chase, Phelps. 

Clarke, Seward, 

Davis, Mass. Shields, 

Davis, Miss. Smith, 



wGoogle 



THE COMPROMISE OF ] 



67 



D«yton, 


Soule, 




Dodge, WLk. 


Turney, 




Dougtiui, 


Underwood 




iSi 


WS' 




Halo, 


Walker, 




HsmliD, 


WiBthrop, 




TiJto-33. 




S J YS— Against breaking up 
nibiif" - 


the Om 


MesBtB. AtchiBon, 


HouBlon, 




1* 


Jon(*, 
Kinu. 




ClM, 


Mau^um, 




Clsy, 


Nor?«, 




Clemene, 


Pratt, 






Ru9k, 




DickiDEOD. 


HebastiBti, 




Dodee of lovB 






Downs, 


Sturgeon.' 




Footo, 


Whitcomb^a. 



Mr, Pearce tnoifed a snbstittite for the 
Bectioua EO Btricken out. . 

Mr. Hale moved that, the bill be postponed 
indefinitely. Negatived : Teas 21 ; Naja32. 

Mr. Doi^las moTed an amendment to Mr. 
Pearce's anbstitute, proTiding that the Ter- 
ritorial Government thereby provided for 
New-Mexico shall not go into operation 
ontil the boundary of Texas bj a^osfed. 
Lost : Yeas 24 ; Naya 33. 

Mr. Turney of Tenn. moved that the bill 
be iodeBoitely postponed. Lost ; Teas 29 ; 
Nays 30. 

Mr. Underwood of Ky. moved to strike 
out BO much of Mr. Pearce's substitute as 
postponed the organization of a Territorial 
eovernment io New-Mexico to the 4th of 
March ensuing. Lost: Yeas 25; Nays 32. 

Mr. Yolee moved to strike out so mach 
of said sabstitutc as provided for the ap- 
pointment of commifiaionera to settle tlio 
boundary between Texas and New-Mexico, 
and with it the section just struck at by 
Mr. Underwood. Carried : Teas 29 ; 
Nays 28. 

Mr. daae now moved that the bill he 
postponed indefinitely : Lost ; Yeas 28 ; 
NayB29. 

The Senate now refused to adopt Mr. 
Pearce's substitute as amended : Teas 25 ; 
Nays 28. 

Mr. Davis of Miss, moved a new boundary 
line for Utah, which was rejected : Teas 22 ; 
Nays 34. 

Mr. Wajker moved to strike oat all that 
remained of the hill except so much as pro- 
vides for the admission of CaJifornia : Lost: 
Teas 22 ; Nays 33. 

Mr. Phelps of Tt. moved the indefinite 
postponement of the bill : Lost : Teas 
Nays 30. 

Mr. Atchison of Mo. moved to strike 
out so much of the bill as relates to Califor- 
nia : Lost by a tie ; Teas 29 ; Naya 29. 

Mr. Winthrop of Mass. moved a recon- 
sideration of Uua vote: Carried ; Yeas 33; 
Najrs 26. 



Mr. Clemens of Alabama moved thatlbo 
bill be postponed to the next session : Lost ; 
Teas 25 ; Naya 30. 

Mr. Atchison's reconadered motion, to 
strike OiJifomia out of the bill, now pre- 
vailed r YetiB 34 ; Nays 25. 

The bill being now reduced so as t« pro- 
vide merely for the oi^nization of tiie Ter- 
tory of Utah, Mr. Douglas proposed to 
amend ao as to make its sontiern bonndary 
the parallel of 36" 30' instead of 38" norti 
latitude : Loet ; Teas 26 ; (all Sontbem 
but Dickinson of N. T. and Douglas of 
III.) Nays 27 ; (all Northern but Spruance 
and Wales of Delaware— Mr. Clay not pres- 

it). 

After some further attempts to amend, 
adjourn, etc,, the hill, providing only for the 



[Naya all Northern but Bell of Ten- 

Aa^. lit. — Said bill passed its third rcad- 
ig without a division. 
Mr. Douglas now called up the original 
bill providing for the admission of Califor- 
nia, which was again made a special 



southern boundary of said State r Lost ; 
Teas 23 (all Southern) ; Nays 33. 

Aug. Sth.—Hr. Turney moved "that the 
le of 36" 30', commonly known as the Mis- 
uri Compromise line, be, and the same 
hereby ia, extended to the Pacific ocean." 
He proposed to admit California with one 
ipresentattve, on her assent, by convention, 
.> this boundary; rejwted: Yeaa 24 (all 
Southern); Nays, 32 (including Benton, "Un- 
derwood, Walker, Spruance, and Wales, 
from Slave States ; the r«et Northern). 

Tarious motions to adjourn, postpone, etc., 
. ere now made and voted down ; finally, 
the Senate was, by the withdrawal of South- 
em Members, left without a quorum, and 
adjourned. 

jlwfi'. 7/A. — The game of moving to post- 
pone, adjourn, etc., consumed all this day 
also. 

Meantime (August 5th), Mr. Pearce of 
Md. had introduced a bill to settle the 
Nftrtbwn and Western boundaries of Texas, 



the Whole. 

Aug. 6(/i.— President Fillmore sent a 
Message announcing that Gov. Bell of Texas 
had notified the Government of his deter- 
mination to extend the authority and juris- 
diction of Texas over all New-Mexico east 
of the Eio Grande. The Preeidwit consid- 
ers himself bound to resist this pretension 
— if nei*Bsary, by force — does not believe 
anything would be effected by commission- 
ers to adjust the boundary,: as the facts in 



wGoogle 



THE STEUGGLB FOK SLAVERY EESTKICTrON. 



the case are already generally understood, 
but intimates that — 

" The Govemmeat of the United Stalee wonld 
be justified, in my opinion, in allotringan ii 
iiitj to TeiBB. not unreasoDHble orestrava 
but fiUT, liberal, and avrardecl in a. just apint i>f 

He urges Coagrees not to adjouru without 
settling this boundary question, and sajs 
" I tbink no event would bo hailed irith m... 

Satifioation by the people of the United States 
an tie aniioahle adjnaiment of quesfiona of 
difficulty which have now for a long timo agl 
tatod the country, and occupied, to the exclusion 
of other Bubjocts, the time end attention of Con- 
greaa." 

The Texas boundary bill being now put 
ahead of the bill admitting California, Mr. 
Dayton moved (Ang. 8th), that Texas be 
required to cede ber public lands to the 
United States in consideration of the pay- 
ment to her of|10,000,000 herein given her 
for the relinquighment of her claim to New- 
Mexico. After the United States shall 
have been repaid the $10,000,000 ont of 
the proceeds of these lands, the residue to 
revert to Texas; Rejected ; Teaa 17 (all 
Northern) ; Nays 32. 

Aug. 9(4. — Mr. Underwood mored that 
the Northern boundary of Texas run due 
east from a point on the Rio Grande, twen- 
ty miles above El Paso, to the Bed Biver 
of Louisiana : Eejected ; Teas 24 ; (all 
Northern, but Wales, Spruance, and Under- 
wood ;) Naj's 25. 

Mr. Mason of Va. moved the giving up 
to Texas of all New-Mexico east of the Rio 
Grande : Lost : Teas 14 ; Nays 37. 

Mr. Sebastian moved that the (New- 
Mcsican) Territory, surrendered by Tesas in 
pursuance of the provisions of this bill, shall 
be admitted in due time as a State, with or 
without Slavery, as its people may deter- 
mine : Eejected; Teas 19 ; (all Southern but 
Dodge of Iowa ;) Nays 29— (including Bad- 
ger of N. C, Cass and Dickinson — Clay 
absent — Douglaa, who voted just before and 
jast after, did not vote on this.) 

The bill was now engrossed : Teas 
Nays 24 ,■ and finally passed ; Teas 30 ; 
Nays 20. 

Aug. low.— The California bill was now 
taken up. Mr. Tulee of Pla.' moved a sub- 
Btitate, remanding California to a territcrial 
condition, and limiting her southern tiound- 
ary : Eejocled ,■ Teaa 12 (all Southern) ; 
Nays 35. 

Mr. Foote moved a like project, cutting 
off so much of California as lies south of 
36 deg. 30 min,, and erecting it into the 
territory of Colorado ; Eejected ; Teas 13 
(ultra Soathern) ; Nays 29. 

Aug. 12fft.— Still another proposition to 
limit California southwardly, by the line of 
3S deg. 30 min., was made by Mr. Turney, 
and rejected : Teas 20 (all Southorn); Nays 
30. After dcfbating Southern motions to 



adjonrn, postpone, and lay on the table, the 
bill was engrossed for a third reading; 
Teaa 33 ; (idl the Senators from Free States, 
with Bell, Benton, Houston, Spruance, 
Wales and Underwood;) Naya 19; (all 
from Slave States. Mr. Clay still absent — 
endeavoring to restore his failing health.) 

Aug. 13tA.— The California bill passed 
its third reading : Teas 34 ; Nays 18 ; (all 
Southern.) 

Aug. litk, — The Senate now took up the 
bill organizing the Territories of New- 
Mexico and Utah, (as it was originally re- 
ported, prior to its inclusion in Mr. Clay's 
" Omnibus.") 

Mr. Chase of Ohio moved to amend thr 
bill by inserting : 

" Nor eball there be in eaid Territory oithei 
Slavery or invoinnlaiy servitude, otberwieo than 
in the punishment of crimoa whereof the party 
aluill have been duly coaviotcd to have been 
personally guilty." 

Which was rejected : Teas 20 , Nays 25. 

YEAS— For PnAtbilmg Siaiery: 

Messrs. Baldwin, Hnmlm, 

Bradbury, Millei, 

Bright, 






Phelps, 
Shield!!, 



DaviaofMiaa. Pratt, 

Dftwaon, Rusfe, 

Dodge of Iowa, Sebnstian, 

Dovena, Soulo, 

Poote, Sturgeon, 



The bill was then reported complete, and 
passed to be engrossed. 

Aug. 15[A. — -Said bill had its third read- 
ing, and was finally passed : Teas 27 ; 
Nays 10. 

[Tho Senate proceeded to take up, con- 
sider, mature, and pass the Furitive Slave 
bill, and the bill excluding the Slave-Trade 
from the District of Columbia ; but the 
history of th^e is bat remotely connected 
with our theme.] We return to the House. 

Aug, 19th — The several bills which we 
have been watching on their tedious and 
dubious course through the Senate, having 
reached the House, Mr. William J. Brown 
of Ind. moved that they be taken off the 
Speaker's table, and made the special order 
for to-morrow : Defeated ; Teas 87 ; Nays 



wGoogle 



THE COMPROMISE OP 18fiO. , 



Mr. Asiinmn of Mass. made a similar I 
motion, which was likewise beaten : Yeas 
94 ; Nayg 94. 

Aug. 28(A.— The CaJiforniahill waa taken 
np, iv;ad twice, and committeil. 

The Texas bill coming up, Mr. Inge of 
Ala. objected to it, and a vote was taken on 
its rejection : Yeas 34 ; Nays 168 ; so it 
was not rejected. 

Mr. Boyd of Ky. moved to amend it so 
as to create and define Uiereby the territo- 
ries of New-Mexico and Utah, to he slave- 
holding or not as their people shall deter- 
mine when they shall come to form State 
governments. [In other words, to append 
the bill organizing the territory of ^ew- 
Mesico to flie Texas bill,] 

Mr, Meade of Va. raised the question of 
order ; but the Speaker raled the amend- 
ment in order, and bis ruling' was sustained 
by the House i Yeas 122 ; Nays 84. 

Aug. 29(A.— The Texas bill was taken 
np. Mr. Clingman of N. 0. moved to 
amend so as to limit California by the line 
of 36 deg. ,10 min., and eatabllsh the Terri- 
torv of Colorado. 

The Speaker ruled this amendment in or- 
der, and the House sustained him — 122 to 
67. ■ 

Mr. MoOlernand of HI. moved the bill to 
the Committee of the Whole, to which Mr. 
Boot of Ohio moved to add instrnctions, to 
exclude Slavery from all the Territory 
acquired from Mexico, east of California 
(which had already taken eare of itselt], 

Sept. 2jk£.— This bi\t was, by a two-third 
vote, made a special order henceforth. 

Sept. 3Td.—Mr. McOlernand withdrew 
his motion, (and Mr. Boot's fell with it). 

Sept. 4(A.— Mr. B. M. McLane called the 
Previous Question, which was seconded, aud 
the main question ordered.— Yeas 133 ; Nays 
68. 

The bill waa then committed ; Yeas 101 1 
Nays 99. 

Mr. Walden of N. Y. moved a reconsider- 

Mr. Boot moved that this do lie on the 
table ; Yeas 103 ; Nays 103. The Speak, 
voted Nay ; so the motion was not laid c 
the table. 

The motion to reconsider prevailed : Yeas 
lOi ; Nays 101. The House theii " ' 
to commit: Yeas 101 ; Nays 103. 

Mr. CUngman's amendment, creating the 
Territory of Colorado out of Southern Cali- 
fornia and Utah, was now defeated : Yeas 
69 ; Nars 130. 

Mr. Boyd's amendment was then beaten : 
Yeas 98; Nays 106. 

Mr. Boyd moved a reconsideration, which 
prevailed : Yeas 131 ; Nays 15. 

Mr. Wentworth of lU, moved to commit 
the bill, with instructions to provide for the 
exclusion of Slavery from all the territory 
ceded by Mexico : Lost ; Yeas 80 ; Nays 119. 



Mr. Tombs of Ga. ha^/ing moved, as an 
amendment to Mr. Boyd's, that the Conati- 
tutionofthe United States and such statutes 
thereof as may not be locally inapplicable, 
and the common law as it esisled on the 
4th of Julj', 1776, should he the exclusive 
lavrs of said territory, until altered by the 
proper authority, it was voted down : 
Yeas 65 ; Nays 132, 

Mr. Boyd's amendment prevailed ; Yeas 
107 ; Nays S9. 

The question was now taken on the en- 
grossment of the bill, and it wag defeated : 
''eas 99 ; Nays 107. 

Mr. Howard of Tesas moved a recon- 
sideration. 

The Speaker decided it out of order, the 
bill having already been once reconsidered. 

Mr, Howard appealed, and the House 
overruled the Speaker's decision : Yeas (to 
snsl^n) 82 ; Nays 124. 

The vote rejecting the hill was recon- 

lered : Yeaa 122 ; Nays 84. 

Mr. Howard again moved the Previous 
Question, which was seconded, and the Main 
Question ordered : Yeas 115 ; Nays 97 ; 
and the bill was ordered to a third reading : 
Yeas 108 ; Nays 98. It was then passed 
[as amended on motion of Mr. Boyd) : Yeas 
108 ; Nays 97. 

Sept tth. — The California bill now came 
up. Air. Boyd moved his amendment al- 
ready moved to the Tesas bill. Mr. VintoQ 
of Ohio declared it out of order. The Speak- 
er again ruled it in order, Mr. Vinton ap- 
pealed, and the House overruled the Speaker : 
Yeas (to sustain) 87 ; Nays 115. 

Mr. Jacob Thompson of Miss, moved to 
cut off from California all below 36" 30' : 
Bejected : Yeas 76 : ^ays 131. 

The bill waa now ordered to a third read- 
ing ; Yeas 151 ; Najs 57, and then passed ; 
Yeas 150 ; Nays 56 (all Southern). 

The Senate bill organizing the Territory 
of Utah (without restriction as to Slavery) 
was then taken up, and rushed through the 
same day : Yeas 97 ; Nays 85. [The Nays 
were mainly Northern Free Soil men ; but 
some Southern men, for a different reason, 
voted with themj 

Sept. 9(6. — The House having returned 
the Tex^ Boundary bill, with an amend- 
ment (Linn Boyd's), including the bQl or- 
ganizing the Territory of New-Mexico 
therein, the Senate proceeded to consider 
and agree to the same : Yeaa 31 ; Nays 
10, namely : 

Messra. Baldwin, Conn. Ewing-, Ohio, 

BenfoQ. Mo. Hamlin, Ms. 

CbsBB, Ohio, Seward, N. Y. 

Davia, Mnss. llpham, Vt 

Dodge, Wise. Winthrop, Mass. 

So all the bills originally included in Mr. 
Clay's "Omnibus" were passed— two of 
them in the same bill— after the Senate had 
oQce voted to sever them. 



.Google 



THE STRUGGLE FOE SLAVERY RESTKICTION. 



These acta are aubstaatially as follows ; 
ADMISSION OE C 



Whereas, the people of CsJifornin have pre- 
Eented b, CoQstitulion and Hskcd admission into 
theUiiion, whicii ei^netitution whs submitted to 
Congress by the Preeident of the United Stalea, 
by oieesi^ef da^od Fobrumy ISth^ 1350, wbich^ 
on due examinfttion, is found (o be republican in 
its form of govBrnment — 

Be it enacted Ajr the Senate and Hmtu of Rep- 
reuniaiives of the United Slates of A-aeAca 



inhabitan .__ 

California ebaJl be eutitled to 
in Congrei 



possl of the public lane 
ehajl paaaBO law, and d( 
of the United States to, 
the emne, shall be impa 
tbey shall never lay any 
description wbatBoever 
of the United States; 
non-resident proprietors, ' 



.ereby the title 
to dispose of, 
©stioBed ; and 



THE TEXAS 



■tSena 



ut for Ne- 
AHou 



reseniatines of the Uaited States of A: 
4a Congress assembled, that the following , _ 
sitiona shall be, and the same hereby are, ofiered 
to the State of Texas ; whieh, when agreed to by 
the^said State, in an act pssEed by Us General 
Acseinbly, shall be binding and obligatory upon 



fore the first day of Decemher, eighh 
and fifty. 

i^/rsS.~Tho State of Teias will agree that lier 
boundary ou the North shall commence at the 
point at irhich the meridian of one buodred de- 
1. ,- jj Greanwicb ia intersected by Ibe 
■Bs, and thirty muiHtes 

- -, in ftom said point doe 

to the meridian of ono hundred and three 
aofrreea west from Qreenwiohi iiencober bound- 
arj shall ran due south to the thirty second de- 
gree of north latitude ; thence on the said parallel 



of thirty-two degrees of north latitude l«lhc Rio 
Bravo del Norte ; and Ihonce with the channel of 
said river to the Gulf of Mexico. 

Seconi.— The State of Texas cedes to the 
United States all her claims to territories eito. 
rior to the limits and boundaries, which ebo 
agrees to eBtablish by the first article ot tbia 
agreement. 

Third.— "tbe State of Teiaa relinquishes all 
claimnpon the United Statea for linbiUtylbr the 
debts of Teiaa, and for comnensaiion or indem- 
nity for the aorrender to the United Stales of her 
fhips, foris, arsenals, custom-houses, custom' 
honse revenue, arnia and mnnltions of war. and 
public buildings, with Ibeir sites, which became 
the property of the United Stales at Ibe time of 

n consid^alion 



Fourth.— The United S 



teen yeara, tbe interest payable half yearly at the 
Treasury of the United States. 
Pi/ift.— Immediately after the President of tt 



United States 



e been fiiroished with ai 



of Texas, acceptine these propositions, he si 
cause the stock to bo issuod in favor of the State 
of Texas, as provided for in the fourth article of 
this agreement. 

Provided also. That no more than five millions 
of said stock shall beisaued until tbe creditors of 
the State, holding bonds and other cerljfieates 
" Tojas, for which duties on imports 



be prescribed by the Secretary of the Treaaury, 
d approved by tbe President of the Unifad 

ORGANIZATION OF NEW-MEXICO. 

The second section of Uiia act enacts, that all 
t portion of the territory of the United Stales, 
radcd as follows, to wit; beginning at a point 
the Colorado river where Uie boundary iine 
ho repitbfic of Mexicn orosECs the same ; thence 
twsrdly with the said boundary line to tbo 
Rio Grande: thence folloiving the main channel 
ot said river to the parafld of tbe thuiv. 
second d^n'ee of north latitude; thence eastwardly 
with said decree to its intersection with tbe one 
hundred and third degree of longitude west from 
Greenwich ; thence north with said dopreo of 
longitude to the parallel of Its thirty -eiirh til de- 
gree of north latitude i thence west with said 
parallel to the summit of tbe Sierra Madre ; 
tbence soufb with the creet of said moantains to 
the thirty-seventh parallel of north ialltude ; 
thence west with the said parallel to its intersec- 
tion with the boundary line of the State of Cali- 
fornia ; thence with the said boundary line to the 
place of b^inning, be, and Ibe same is hereby, 
erected into a temporary government by the 
name of tbe Territory ot New-Meilco ; Provided, 
That notbine in this act contained shell be oou> 
Etrued to inhibit tlio Government of the United 
States froin dividing Baid Territory into two or 



That when admitt . 

or any portion of tbe same, shall be received in 
the Union, with or without Slavery, as their 
Constitution may prescribe at the time of their 

The eighteenth section enacts, that the pra 



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THE KANSAS-NEBRASKA STRUGGLE. 



TiBiom of thiB net be BuepBinJod unfil the bound- 
ary l)etircen Ibe UniLed States and tbe Stnfe of 
Texas ehnli lie adjusted, and when such hi^ubI- 
ment shall have been effected, tlie President of 
" atea ahall issue his proelttmB.fnin 



herein ptovided to be apnoinW ___ 
Territoiy. 
Approved Sept. 3. 1S50. 

ORGANIZiTWN OP UTAH. 



Ctm^reii maembltd, Thai all that part oflhe 
Temtocy of Ibe Doited Stale* included within 
the following limiU, to wit: bounded on the west 
"lythe State of California, on the north by the 
■ " " It by OiB summit 
"■ 'hhyiho 



•f^tory of OregOL, _ 
oflhe fioRky Mountains, »uu uu lu« buuli. 
tbirty-eeventh parallel of north ItttUudo, , 
tbe aame is hereby, created into a t^po^-nry 
government, by the name of the Territory of 
Utah ; and, when admitted as a State, the said 
Torritorr, or Miy portion of the siune, «hall be 
recoiveQinto the Union, with or without Slave- 
ry, as their eonsUtniion may preaoribe at tbe 
fune of their admisBion: Promded, That nothing 
in this act contained Bhdl be oonalrued ' ' 
hibit thegoveramantof the United Stat 
*viding flaid Tetritory into two or more 



s BhaU d< 



laCon- 



[The act proceeds to provide for the appoint- 
ment of a territorial governor, secretary, mar- 
shal, jndzes, etc., etc., and for the election of a 
connci! of thirteen I and a houseof representatives 
of twenty-six membera ; al«o fbr a delegate in 
Congress. All recognized citizens to he voters.] 

The goveroor shall rec«ve an aununl ssloiy oi 
tlAeen nnndred dollars , as governor, and one 
tbouaand dollars cs superintendent of Indian 
aSbirs. The chief jnstiee and associate justices 
eball each receive an annual salary of eighteen 
hundred doUara. ths secrefary shall receive an 
annual salary of eighteen hundred dollars. Tbe 
aaid salaries shall be paid quarter-yearly, at tbe 
Treasury of the United Statea. The membors of 
the legislative asaembly shall be entitled to re- 
ceive each three dollars per day during their at- 
fendanoe at the sessions thereof, and three dol- 
lars each for every twenty miles' travel in gtiug 

according to the nearest usually traveled route- 
Sec. 6- And he it fttHlier enacted, That the le- 
^slalive power of said Turitory shall eifend to 
all rightful suhjccts of legiriatioa, consistent 
with flie Constitution of the Oniled Statea and 
the proviaions of Ihia act ; but no law shall be 
passed interfering wiUi the primary disposal of 
the soil i no (ax aliall be impoaed upon the pro- 
perty of tbe United Statea ; nor shall the lands 
or other properly St non-residents be tased 
higher than tlie lands or other property of reai- 
denta. All the laws pasaed by the legislative as- 
eemhly and Governor shall he auhmitied to tbe 
Congress of the United Statea, and, if disap- 
proved, shall be null and of no effect. 

Sec- 17. And be it yarthfi- enacted, That Uie 
Constitution and laws of tlie United States are 
hereby extended over, and deolai'ed to be in 
force in, said Tei'ritory of Utah, so far aa the 
same, or any provision fhcrei^, may be applica- 

[ We have omitted several malter-of-eourae pro- 



Oui of the Louisiana Territory, sinoe the 
admiaaion first of Louiaiana and then of Mia- 
sonri as Slave States, there had been formed 
tho Terriforiea of Arkansas, Iowa, and Min- 
nesota I the flret withoat, and the two others 



and Iowa a Free, State; Minnesota wt 

is following surely in tho track of Iowa. The 
destiny of one tier of Statea, fronting upon, 
and westward of, the Mississippi, was thna 
settled. What should be the late of the 
next tier? 

The region lying immediately westward of 
Miasonri, with much territory norfh, as well 
as a more clearly defined district south of 
it, was long since dedicated to the oses of 
the Aborigines — not merely those who had 

originally inhabited it, but the tribes from 

time to time removed from the Stales east- 
ward of the Mississippi. Very little, if any, 
of it was legally open to settlement by 
Whites ; and, with the exception of the few 
and small military and trading posts thinly 
scattered over its surface, it is-probable that 
scarcely two hnndred white families were 
located in the spacious wilderness bounded 
by Missouri, Iowa, and Minnesota on the 
east, the British possessions on the north, 
the crest of the Rocky Mountains on the 
west, and tbe settled portion of New-Mexico 
and the line of 36*= 30' oh the south, at the 
time when Mr. Doaghia first, at the session 
of 1852^3, snbmitted a bill organizing the 
Territory of Nebraska, by which title the 
region above boanded had come to be vague- 
ly indicated. 

This region was indisputably included 
within the scope of tho exclusion of Slavery 
from all Federal territory north of 36" 30', 
to which the Sonth h«id assented by the 
terms of tlie Missouri compact, in order 
tbereby to secure the admission of Missouri 
as a Slave State. Nor was it once inti- 
mated, during the long, earnest, and search- 
iog debate in the Senate on the Ooraproniise 
measures of 1850, that the adoption of those 
whether tflgether or separately. 



souri Restriction. 

chapter how Mr, Clay's original si 

of a compromise, which was substantially 
that ultimately adopted, was received by the 
Southern Senators who spofce on its intro- 
duction, with hardly a qnalification, as a vir- 
tnal surrender of all that the South had ever 
claimed with respect to the new territories. 
And, from the beginning to the close of the 
long and able discussion which followed, 
neither friend nor foe of the Compromises, 
nor of any of them, hinted that one eflect of 
their adoption would be the lifting of tha 
Missouri restriction from the teri'itory now 



.Google 



7! 



THE STKUGGLE FOR SLAVERY KESTEICTION. 



coTOVd oy il. When the Compromises of 
1850 were accepted in 1852 by the Na- 
tional Conventions of the two great parties, 
as a settlement of the distracting eontro- 
Tersy therein contemplated, no hint waa 
added that the Nebraska region was opened 
thereby to Slavery. 

Several petitions for the organization of 
B, Territory westward of Miseouri and Iowa 
were preeenlfld a.t the session of 18S1-2, but 
no decisive action taken thereon until the 

Dec. ISrt!— Mr.' W. P. Hall of Mo., pur- 
suant to QOlJce, submitted to the House a 
bill to oJ^nize the Territory of Platte, 
which was read twice, and sent to the Com- 
mittee on Territories. From that Com- 
mittee, 

Feb. 2d, 185.t.— Mr. W. A. Bichardson of 
111. reported a bill Ia ot^anizethe Territory 
of Nebbabka, which was read twice and 
committed. 

Fa. 9(A.— The bill was ordered to be 
taken out of Committee, on motion of W. 
P. Hall. 

Feb. 10(A.— The bill was reported from 
the Committee of the Whole to the House, 
with a recommendation that it do not pass. 

Mr. Richardson moved the previous ques- 
tion, which prevailed. 

Mr. Letcher of Va. moved that the bill do 
lie on the table : Lost ; Yeas 49 (miuuly 
Southern) ; Nays 107. 

The bill was then engrossed, read a third 
time, and passed ; Yeas 98 ; Nays 43, {j 
before), 

Feb. IKA.— The hill reached the Senate 
and wasrefferredto the Committee on Terri- 

Feb. nth. — Mr. Douglas reported it with- 
ont amendment 

March 2nd. — (I^t day but one of the 
BesKon), Mr. Douglas moved that the hill be 
token up : Lost : Yeas 20 ; (all Northern 
bnt Atohison and Geyer of Mo.) ; Nays 25 ; 
(21 Southern, 4 Northern). 

March 3rd. — Mr. Douglas again moved 
that the bill be taken up. 

Mr. Borland of Ark. moved that it do lie 
on the table : Carried : Yeas 23 ; (all South- 
ran hut4i) Nays 11 ; (all Northern but 
Atchison and Geyer). So the biU wag put 
to sleep for the session. 

On the motion to take nn — Mr. Rusk of 
Texas objecting^Mr, Atchison said : 



w tliat 



1. for n 



iwn part, I acknowledge 
■'—'"'---'-— 'H know. 



e of the 



'y.nt'l'sl = = -- 

lH8t BesBioD, I was perbops as much opposed to 
the proposition, as the Senator from Tcias now 
18. The Senator thim Iowa knows it ; and it taivi 
forreasom v>hich I wiaiiotw/y, mention or s»p- 
)rett._ Bnt, sir, I hav» from reflection and invea- 

onelusion that 
■n of this Ter- 



Itif 



le ibr Ibe organii 

most propitious time. Tho tn 

OUB Indian tribee, the titles 

' ' eitingaiBhed, i 



iB indulgence of the Senate b 

-'-*"-*-*■■ »■. Porhapi 

re deeply in 



«4y one word in relation 

there ia not a Stale in the Ur _ 
tereated in this qnestion than the State oFltfi 
TOuri. If not the largeflt, I will say the best 
portion of that Territory, perhaps the only por- 
iwnofitthat in haif a century will become a 
State, lies immediately west of the Slate of Mis- 



It ia 



nly a 



n of 



ties with the t« 

better be made now than at any fntare time i for, 
ae thpttaeetion is agitated, and as it is nnder- 
stood, while men, speonlntorB, will interpose, and 
Interfax, and the longer it ia poBlpom-d the more, 
we will bave to fear from^ them, end the more diffi- 
cult it will be to extineuieh tbe Indian title in that 
oountry, and the harder the terms to be imposed. 
Therefore, Mr, President, fbr this reason, without 
going into detMl, 1 am willing now that the ques- 
''on shall be taken, wbetber- we will proceed to 
le consideration of the bai or not." 
The meaning is here diplomaticBlIy veiled, 
yet is perfecUy plain. Gen, Atchison had been 
averse to oip^nizing this Territory until he 
could procare a relaxation of the Missouri 
Restriction ag to Slavery ; but, seeing no 
pr^ot hope._ of this, he was wiliing to 
waive the point, and assent to an organiza- 
tion under a bill silent with respect to 
Slavery, and of course leaving the Missouri 
Restriction unimpaired. 

Gen. Pierce was inaogarated President 
on the 4th March, 1853; and, in his Inaugu- 
ral Address, referred to the discussious cod- 
cerning Slavery and the Oompromiaes of 
1850 in the following terms : 

** I believe that Invohtntary eer^tude, as it ox- 
iefe in different Slates of this oonfedtracy, is re- 
cognized by the Constitution. 1 iMlieve that it 
stands like any oUibf admitted right, and that tbe 
Slates where It eiists are entitled toofficient reme- 
dies to enforce the eonstitntional provisionB, I 



1 believe that the oonetitntod authoiitie* of this 
Kopiiblic arebonndto regard (he rights of the 
Sonthin this respect, as ttey would view any 
other legal and constitutions! right, and that tho 
laws to enforce them should be respected and 
ohByed, not with n reluctance encouraged by ab- 
stract opinions us to thdr propriety in " .i:«i--™t 
state of society, but cheerfully, -' 

the doolsions of the tribunal to 

siUon belongs. Such have been, andaro, my 
. . nvictions, and upon them shall I act. I ftr- 
ventiy hope that the qnestifin is at rest, and that 
— secfional. or ambitious, or fanatical esciteinoat 

ly again threaten the durability of our institu- 

ns, or obscure the light of our prosperity." 

The XXXIIld Congress assembled at 
Washington, Dec. 5th, 1853, with a laigo 
Administration majority in either House. 
Linn Boyd of Ky, was chosen Speaker of 
the House. The President's Aunaal Mes- 
contained the following ailusion to the 
subject of Slavery : 

is no part of iny purpose to give promi 



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THE KANSAS-NEBRASKA STRUGGLE. 



of the people. But, wbile the presenr is Brighl 
with promise, imd the future full of demuiii auc 

ligouee, the past can never be without naeful Ics- 

'6 not an beacona, thcjr will evidently 



year 1850 will bo recurred (o as a period . 

just terminated. Peace brought with it a vaat 
Bugmentstiott of territory. DJelurbiDg qucatJons 

one portion of Uio contoderacy, and iOTOtving 
the cooatitutloual righte of the States. But, not- 
withstanding differencee of opinion undaentlmcnt 
which tlien eiisled In telation to delails and 
specific provieioua, the aoqnieaoence of dlafin- 
guigfaed cttjzuna, whose devotion, to the Union 
can never be doubied, has fiiven renewed vigor 
to our inadtutione, and restored a aenae of repoae 
and aecmity to the public mind tbroughont the 
confederacy. That thia repose is to Buffer no 



Dec. 1 5(ft. — Mr. A. C. Dodge of Iowa sub- 
mitted t« the Senate a bill (No. 22) " To 
Organize tho Territory of Nebraska," which 
was read twice, and referred to the Com- 
mittee on Territories. 

Jan. ilh. — Mr. Donglas, from said Com- 
mittee, reported said bill with amendments, 
which were printed. The folbwiug ia the 
accompanying Report : 

The Committoa on Torritories, to whom was re- 
ferred a bill for an act to establish the Terri- 
tory of Nebraska, have given the sojue that 
serious and dcUberato consideralloa which ita 
great importance deniands, and beg leave to 
report it back to the Senate nilh various amend- 
ments, in tbe term of a aubstitiite for the bill : 
The principal amendments which your com- 
mittee deem it thrar duty to cootmenu to the fa- 
vorable action of the Senate, in a apeeial report, 
are those in which the principles tatablished by 
the Compromise Maosurea of 1350, so far aa they 
are applicable to territorial organizationa, are 
proposed to be fitErmod and carried into practi- 
cal operation within the limita of the new Terri- 

The wisdom of Uioae measures is attested, not 
less by thdr salutary and beneficial effects, in 
allaying sectional agitation and restoring peace 
and haj:mony to an irritated and ^tracte^ peo- 
ple, than by the corcUal and almost universal 
approbation with which they have been 
and sanctioned by the whole country. 
Judgment of your Committee, those measures 
were intended to have a far more comprehensive 
and enduring effect than the mere aiJiustmenl of 
difficulties nriwng out of the recent acq.niBition 
of Meuoan territory. They were designed tc 
estabUsh certain great principles, which would 
not only f\imiBh adequate remedies for existing 
evils, but, in all time to come, avoid the perils ol 
sioular agitation, by withdrawing the question of 
Slavery tram the HbUb of Congrcea and the po- 
litical arena, and committing it to the arbitration 
of thoao who were inunediately interested in, aud 
aloQO responsible for, ita uonacquonccs. With 

gard aa the aettlcd policy of the Govemnient, aan 



ioned by the opproviog voice of the American 
'eople, your Committee havedecuied it their duty 
D incorporate and perpetuate, in their territorial 
bill, the prineipleaandspirit of those niGasuree, If 
any other consideratiort were necessary to render 
the propriety of this course imperative upoa the 
Committee, they may be found id the fact that the 
Nebraska coudtrr occupies the same relaUve 
iitioQ to the Slavery question, as did New- 
iiioo and Ctah, when those Territories were 
oi^anized. 

it was a disputed puint, whether Slavery was 
prohibited by law in the country acquired from 
"•"■i^o. On the one Band, it was. contended, as 
nl proposition, that Slavery, having been 
J bited by the enactments of Mexico, accord- 
ing to the laws of nations, we received the country 
with all iia local laws and domestic ineUtntiooa 
attached to the soil, so far as they did not conflict 
with the Constitution of the United States ; and 
that a law either protecting or prohibiting Slaye;:y, 
was not repugnant to that instrnment, as was 
evidenced by the lact that one-half of the States 
of the Union tolerated, while the other half pro- 
hibited, the institution of Slavery. On the other 
hand, it was insisted that, by vu-tue of the Con' 
stitution of the United States, every citizen had 
a right to remove to any Territory of the Union, 
end eairy his property with him nnder the pro- 
teedon of law, whether that property -eonsiated 
of persons or things. The difficntticB arising 
from this diversity of epinion, wore greatly ag- 
gravated by the fact that there were many per- 
Bons on tioth aides of the legal conti'oversy, who 
were unwilling to abide thedei-ieion of the courts 
oti the legal matters in dispute; thus, among 
these who claimed that tiie Mexican laws wors 
stJl! in force, and, consequently, that Slavery was 
ateady prohibited m those Territories by valid 
enactment, there were many who insisted u^on 
Congress making the matter certain, by enaoUne 
another prohibition. In like manner, some of 
those who argued that Mexican law bad ceased 
to have any binding force, and that the Constitu- 
tion tolerated and protected Slave property in 
thoae territories, were unwilling to trust the dea- 
den of the courts upon the point, and insisted 

move all legal obstacles to the Introduction of 
Slaves into thoae Territoriea. 

Such being the character of the controversy in 
respect to the territory acquired from Mesico, a 
aimilar qucation haa ariaen in regard to the right 
to hold Blavea in the Territory of Sebraska, when 
the Indian laws ahall be withdrawn, and the 
country thrown open to emigration and settle- 

the people of Missouri Territory to form a Con- 

mistion of suoh Slate into the Union on an equal 
looting with the origmal Statea, and to prohibit 
Slavery in oertma Territories," approved March 
fith.mO itwas provided; " That lo all that ter- 
ritory ceded by Franco to the United States undei 
the name of Louisiana, which lies north of 3(i 
degrees 30 minutes north latitude, not mcluded 
within the lunils of the State pontempiated by 
this act. Slavery and involuntary servitude, 
otherwise than >° the punishment of Crimea 
whereof the parties ahull have been duly con- 
victed, shall lijaad arehereby, prohibited; Pre- 
vided always. That any person escaping into the 
snnte, froov whom labor or service is lawfully 
cliumed in any State or Territory of tho United 
St^es. such fugitive may be lawfully reclaimed, 
and conveyed to the persons claiming his or hsc 
lobor or service, as afoiesaid." 

Under this section, as in the case of the Meiican 
law in Ntw-Meiico aiid Utahj it is a disputed 

Eoint whether Slavery is prohibited in the Ne^ 
raska eountiy by viuid enactment. The doiA 



wGoogle 



THE STRUGGLE FOB SLATBBT EBSTRICTION. 



aton of tiiis qucBtion inTolveB Ibe cohelilution^ 
power of Cuagreas to pass lawe preaoribing and 
regulating thodotneBticmstltutioiis of tbeveriouB 
Tmritories of the UaioD. In the opinian of Iboee 
eminent atueamen wbo hold that Congtcu is 
Inveeted nith no rightful authorltv to JWislate 
npOD the eulject oTSlavor; in the Ternloriea, 
the 8th Bection oTthe act preparotorv to (he ad- 
ndaBion of Hiaseuri i> niAl and void ; nhile the 
prev^ing eentiiaeiit iu large portinna of the 
Union saetains the doetriae that the ConsUtu- 
tion of the United Slates sacures to every oitiien 
an inalienable right to novo into any of Ibe 
Territories with hia property, of whatever kind 
and deecriplion, and to bold and enjoy the aame 
under the aanclion of Jaw. Your Conumttea do 
not feel theniBelvee culled upon to enternponthe 
diBcnBBionot these controverted questions. Tbey 
involve the BSme gravo isbucb which prodneed 
the agiutlou. the sectional strife, end the fearful 
struggle of 1850. Ab UongroBB deemed it wise 
and prudent to refr^n from deciding the matters 
in conlroversy then, dther by afGrming or repeal- 
ing Ibe Uoiican laws, or by an Bet declaratory 
of the true intent Of tbe Constitution, and the 



either by affinaing: or repealing the 8th aeclion 
of the Missouri act, or by any act declaratory of 
(he meaumg of the Conslitatioa in respect to the 
legal points in dispute. 
Your Couimitteo deem it fortunate for the 

Sace of the oountiy, and the security of the 
lion, that the controversy then resulted in the 
adoption of (he Compromiso MeasurcB, which 
the two great poiitical parties, with singular 
DDanimlty, have sffirmcd ss a cardinal ariicTo of 
Iheir faith, and proclumed to the world as a 
final BBtllement of tlie controversy and an end 
of the BgitatioQ. A duo rospcet, therefore, for 
the avowed opinions of Senators, aa well as a 
proper sense of patriotio duty, enjoina npon your 
Committee the propriety and neceaalty of a Btrict 
adherence to the principles, and even a literal 
adoption of the enactments of that adjustment, 
in alt their territorial bills, «u far as the name are 
not locally inapplicable. Those eaactnients em- 
brace, among other tliln;^, less malctioJ to the 
matters nndec consideration, the following pro- 

When admitted as a State, the said Territory, 
or asy portion of the same, shall be receivedinto 
the Union, with or without Slavery, as their eon- 
■titnt!on may prescribe at the time of their ad- 

ITiat the legialative power and authority of 
■aid Territory shall he vested in the Qovemor 
and a Legislative Assomhly ; 

That tbe Iceislativo power of said Territory 
-'allenend tuall ' '■•^' " ' "•■■■■ 

DBislent with t]._ 

States, and the provision. 

law shall be passed interfering with the primary 
disposal of (lie soil ; no tai shall be imposed 
Dpon the property of the United States ;. nor 
sGall the lands or other property of non-rtsidenta 
be taied higber than the lands or other property 



Writ- 


of inror and 


appeals from the 


final deci- 


BiODSof 


said Suprem 


e Court shall be aUowed. 




he taken to 


the Supreme Co 


art of the 


United 6 


tates in the s 


ame manner and 


under the 


sameregulalionsaaft 


om the Circuit 


ConrtB of 


the Urn 




hero the vnlae 


f theyro- 


e"ir 


amount m CO 


otroverBv.tobe 


oath or affirmation of either 


party, or 


other CO 


mpetent witn 


SB, shall eiceed 


one fhoa- 


sand do: 




nly'that,in«llc« 


wsinvolv- 



isg title to slaves, the said 



peals shall ho allowed and decided by the said 
Supreme Court, without regard to the value of 
property, or titl( ' " " ' 



cept,al 



B Conn 



3'.: 



-f the 



__ jf tbe said 

Supreme CoQrt by this act, or of aoy jud^s 
thereof, or of tbe district courts created b^ this 
act, or of any judge thereof, upon any writ of 
habeitf corptit involving the question of personal 
freedom; and each of^tbe said district courta 
shall have and eiercise tbe same jurisdiction, in 
all cases arising under the Constitution and 
laws of the United Stales, as is vested in the 
circuit and district coikts of the United States ; 
and tbe said supreme and district cuurta of the 
said territory, and the respective judges thereof, 
shall and may grant writs of kabea' carpus, in all 
cases in which the same are gaantcd by the 
judges of the United Statee ia tbe District of 
Columbia. 

To which may be added the following proposi- 
tion affirmed by the act of 1850, known as the 

That the provisiona of tbe '^act respecting 
fugitives from Justice, and persons escaping from 
the service of thdr. masters." approved Febru- 
ary 13, 1793, and the provisions of tbe act ta 
amend and supplementary lo tho aforesaid act, 
approved September 18, 1850, shall extend to, 
and be in force in, all the organixed Territories, 



IB Stales 



,0 Unk 



Vrom these provisions, it is apparent that the 
Compromise Measitres of 186U affirm, and rest 
upon, the following propositioDS : 

CirsL — That oU questiaiiB pertaining to 
Slavery in the TKritoriee, and the new States 
to be formed tbwefrom, are to be left to tbe deci- 
sion of the people residing tbereiu, by their ap- 
propriate representat'"'' '' ■"" -■-—--*."". — 



>t purpose 
ond,— Tha 



" all' 



are to be refeirej to the a^ui^eatien of the local 
(ribanala. with tbe right of appeal to the Supreme 
Court of the United Slates. 

Third,— That the provisions of tbe Constitu- 
tion of the United States, in respect to fugitives 
from service, is lo be carried into faithful elo- 
cution in ail " the original Territories," the same 
ss in the States. 

The substituts tbr the bill which your Com- 



carry these propositions and principles into pr. 
Ijcaf operation, in tbe precise language of I 
CraDpromise Measures of 135U. 



/on. 24fA.— The bill thus reported was 
iKiusidered in Committee of the Whole and 
postponed to Monday next, when it was 
made the order of tiie day. 

The bill was further considered Jan. 31at, 
Feb. 3rd, Peb. Sth, and Feb. 6tb, when aa 
amendment reported bj Mr. Douglas, de- 
claring the Missouri B^triction on Ijlaverr 
■' inoperative and void," being under consid- 
eration, Mr. Chase of Ohio moved to strike 
out the assertion that said Restriction 



This motion was defeated by Teas 13 ; 
Nays 30, as follows : 



wGoogle 



THE KANSAS-NEBRASKA STHUGGLE. 



7i 



YEAS—Tosliileovt 

Uesers. Allen, Ofti^, Hamlin, Me. 

CaBs, Muh Seward, A Y. 

Chaae, Okut, blnilli, Conn. 

Everett, Mali Sluarl, Mich. 

Fish, «^, y Snmner, Mass. 

Foot, F( Wade, OAid, 



Walker, t 



—13 



NATS — Agatnst striking out; 

Measra, Adama, Mies. Fitapatrick, Ala. 

Atcliiaon, Mo, Qeycr, Ma. 

Badger, JV. C. Hunler. Va. 

Bayard, Del. Jonee, (J. C.) TenH. 

Bell, Tenn. MaUory, Flo. 

Beijamin, La. Maeou, Va. 

Bright, /nd. Norris, J/. H. 

Brodheod, Pa. Pettil,J»d. 

ClBj. (C. C.) .4(3. Shields, A 

DftwBon, Ga. Slidell, La. 

Diiun, Ay. Thompson, Kv. 

Dodge, Iowa, Tonoay, Conn. 

Douglaa, HI. Waller, Col. 

E^anB, S. C. Williams, N. ff-SO. 

Feb. 15(A.— The bill having been dls- 
cuascd daily until now, Mr. Douglas moved 
to strike out of his amendmeot the words 
above quoted (which the Senate had re- 
fused to strike out on Mr. Chase's motion,) 
and insert instead the following : 

" Which, hoinginconsiatent wilh the principle 
of non-intervention by Congreas with Slavery in 
the Sl«le« and Territories, sa recognized by the 
legislation of 1850, (commonly tailed the Com- 
promiae Meaeurea,) is tiereby declared inopeia- 



date SIai 



entai; 



____ it'^e°e& 
ff perfectly fre 



ing of this act not to leglf 

Territory or Slate, nor fo 

but la leave the people thi 

form and regulate tucir domuBuv uibLibuLutii^ lu 

tb^r own way, subject only to the Constitution 

of the United States"— 

whieli prevailed— Yeaa 35; Nays 10— as 

follows : 
YEAS — For Douglas's new Amendment: 

MeesTB, Adams, Gwin, 

Atchlaon, Hunler, 

Unyard, Johnson, 

Bell, JoncB uf Iowa, 

liciusmln, Jones of Tenn. 

Brodhead, Mason, 

Brown, Morton, 

Butler, Norria, 



Pratt 
Sebaatiai 
SI dell 



NA ¥S — Against said Amendment : 
ifeasra. Allen, Foot, 



Fiah, Wade-IO. 

[NoTK.- Prior to this move of Mr. Douglas 

Mr. Diion (Whig) of Ky. had moved to msert 

clause directly and plainly repealing the Mli 



souri KestrictioQ. Mr. Dixon thought iflbatwas 
Ihe object, (and ha waa in favor of it), it should 
bo approached in a direct and manly way. He 
was asBfliled for this in Tie Union newspaper 
nest moralng ; but hia au^estion waa substan- 
tially adopted by Douglas, after a brief heaita- 
tion. Mr. Uison's propoaition. having been 
made in Committee, does not appear in the Jour, 
nal of flio Senate, or it would hero be given in 

The bill was further diacuaaed daily until 
Maroh2nd,whenthevote was taken on Mr. 
Chase's amendment, to add to Sec. 14 the 
following words : 

" Under wkich ihe jieop/e of the Territirry, 
thmiigb their appropriate rcpreaeTUalive!, moy, 
j/Mejf leejlt, prohibit the existence of Slanerif 
therein" — 
which was r^ected ; Teas 10 ; Nays 36, aa 



Dodge of Wia 

Feasenden, 

Pieh, 



Bell 
Benjam n 



Jones of Iowa, 
Jones of Tenn. 



Mr. Badger of N. 0. moved to add to tiie 
aforesaid section : 

" Prooided, That nothing herein contataed 
thall be amstrueii to revive or put indorse any 
law or regulatiov. which mas have existed jrriaf 
to the act of 6th of March, 1830, either protecting 
estaUiahing, prohibiting, or abolishing 8la. 
very." 

Carried ; Teas 35 ; Nays 6, as follows : 
YEAS— For Badger's Amendment : 



, Google 



THE STEUGGLE FOS SLAVERY RESTRICTION. 



. Han 



Well 



Williame— 35. 



NAYS — Against said Amendment : 

Messrs. A dams, Johneon, 

Bt"WD, Husk, 

Dodge of Wish. Sebastian—fi. 

Mr. Clayton now moved to strike out so 
ranch of eald Doaglas amendment as per- 
mits emigrants from Europe, who alia!! have 
declared their iotention to become citizena, 
to vote ; Carried ; Teas 23 ; Nojs 21 — 
as follows: 

YEAS— For Clayton's. Amendment : 

MeEsrs, Adams, Dixon, 



AtcbiaoH, 






Evane, 


Badger, 






Fitipaftid., 


Bull, 






Houston, 


Bcitiamin 






Hunter, 


Brudhead 
Bfowfl, 






Johnaon, 
Jones of Tenn 


Buller, 






Mason. 


Clay. 








Clayton. 






Pr"nlC 


Dttwaon, 






Sehaatian. 




SUdeU- 






li AYS— Against Clayttm 


's Amendment 



re. Chase, 
Dodge of Wieo. 
Dodge of lona, 
Douglas. 



Han 



t£ Iowa, Walker, 

WiliiaraB— 21. 

Mr. Chase moved to amend, by provid 
Ing for the appointment of three Commis 
Koners residing in the Territory to organ- 
ize the Territory, divide it into eleetion 
districts, notify an election on the first Mon- 
day in September then ensuing, etc., at 
which election the people should choose 
their own Governor, aa well as a Territo- 
rial Legislature— the Governor to serve for 
two years, and the Legislature to meet not 
later than May, 1855. 

This eitension of tlie principle of 
" Sqaatter Sovereignty" was defeaftd— 
Teas 10 ; Naya 3ff---as follows : 
YEA S— To enable the People of Ike Terrilo- 

ty to choose their own Governor, etc. 



NAYS — Against said proposition 



Hunt- 



Badger, 

Bell, 

Benjamin, 

Bfodhead, Jones of Iowa, 

Brown, JoneaolTenn. 

Butler, Moaon, 

Clay. Morion, 

Dnwson,' PetUt, 

Diioa, Pratt, 



DodgoofWiso, Kuat, 

Dodge of Iowa, Scboat nn 

Dougiae, 81 dell 

EvHue, Stuart 

I'itzpatrlck, fl I ao 8-3U 

Mr. Chose then moved to amend the 
Boundary section of Mr. Douglass amend 
ment, bo as ta have but one lemtory 
named Nebraska, instead ol t\K entitled 
respectively, Nebraska and Kansas ; which 
was defeated— Yeas 8;, Naja 3i— as fol- 



NiiS—Foi seve iig Nebmsla fioi 



Badger 


J^Tof'lowa 


Be jamin 


Jones of Tenn 


Brodhead 


Maeon 


Brown 


Morton 


Butler 


Noma 


Cla* 


Pettt 


Da Tson 


PraU 


Dm 


Kusk 


Dodge of W so 


■^ebast u 


D Hlgo of Iowa 


bhold« 


Douglas 


SI dell 


Ev^s 


bluart. 


¥ lipatr ck 


■Walker 



WiUamB-34 

Mr Douglass amendment was then 
agreed to and ll e bill reported from tlie 
Committee of the Whole to the benate 

A mot on to strike out the an ct dment, 
allowing emigrant aliens who have declared 
their intention to become citizens to vote, 
was agreed to — Teas 22 ; Nays 20— aa 
follows : 

\EAS—Tostiilceoul said piovision 



Bell, Hunter 

Brudheiid, Jones ol Tenn 

Bronn Man in 

Butler, Mortin 

Clay PiHtl 

Dii n ' blidell 2. 

A 11 S — Against atrilmg out 
Meesrfl. Chase, Norris, 

Dodge of Wise. Pettit, 
DodgB of Iowa, Seward, 
Douglas, Shlelda, 

Fish, ' Htuait, 

Foot, Sumner 

Hamlin, Wade, 

Jamfs, Walker, 

Jouoa of Iowa, Williame— iJO. 
The question on the engrossment of the 

bill was now reached, and it was carried— 

Yeas 29 ; Naya 12— aa followa : 



.Google 



rSAS—To engross the bill fc 

reading • 
Keaara Adams, 
Atchison 



THE KANSAS-NEBRASKA STRUGGLE. 
third 



7T 



Diion, 

Dortgo of Iowa, 
DouglBB, 



Hunter, 
Joli..9on, 
Jones of lows, 
Jones ol Tenu. 

Morton, 
NorriB, 
Pettit, 
Pifltt 

Stiields, 
Shdell, 



NAYH — Against the engrossment; 
Meeare Cbase, Jumee, 

Dodge of Wieo. Seward, 
Feesenden, Smith, 



Hamlin, Walkei— 13. 

March 3rd. — The rule assigQing Fridajs 
for the consideration of private bills, haviny 
been suspended, on motion of Mr. Badger, 
the Senate proceeded to put the Nebraska- 
Kansas bill OQ its final passage, when a loug 
and earnest debate ensued. At a late hour 
of the night, Mr. Seward of N. T. aii- 
dressed the Senalfi, in opposition to the bill, 
. as follows : 

Mr, President .—I riaa with no nurpose of 
further reaisting or even delaying the paaaage 
of thia bill. Let its advooatea have only a lit- 
tle patience, and they will soon reach the o^ect 
for which they have stmggled so ©arneatly and 
ao long. The eon has aet lor the )ast time upon 
the guaranteed and certain liberties of all the nn- 
aettfed and unorganized portions of theAmeri- 
oan coatiuetit tbd> lia within the jurisdiction of 
the United States. Tomorrow's sun will rise in 
dim eclipse over them. How long that ohacu- 
ration shall last, ia known only to the Power 
Uiat directs and controls all huiaao eventa. 
For myself, I know only; thia— that now no hu- 
man power will prevent iia coming on, and that 
its passing oS wdl be haeteued and aecured by 
others thaa thoae now hero, and pertiaps by only 
thoae belonging to future geacratioua. 

Sir, it wouiiTbe almost factious to offer fur- 

___ _._ )ld battle- 
ground, on which have been fought many con- 
teats, and always, at least since 1820, with for- 
tune adverse to the cause of equal and uuivereat 
freedom. We were only a tew here who engaged 
in tbat cauae in the beginning of tliis contest. 
All that we could hope to do— all that we did 
hope to do — was to organise and to prepare the 
iaaue for the House of Representativea, to which 
the country would look for ita dociaion as authori- 
tative, and to awoken the country tbat it might 
be ready for the appeal which would be m^e, 
whatever the dedsion of Congress might be. We 
'ore DO stronger now. Only fourteen at the first, 
it will he fortanate if, anAing the ills and acci- 



wiU close a cycle in the history of oi . . .. , 
and it is impossible not to desire to ^ausc a re 
ment and survey the ei 



to pause I 



prosgepE before ub. However obacnre we may 
individually be, our connection with this great 
traBsactiou will porpetaate our names for the 

hapa hi regions far remote. If, then, we hadno 
other motive for our actions but that of an hon 
eat desire for a Just fame, we could not be indif- 
ferent to that scene and that proapect. But indi- 
vidual interests and ambition sink into insignifl. 
cance in view of the interests of our country and 
of mankind. Thece interests awakeo, at least in 

It was said by somo In the beginning, and it 
has been sud by others later in this debate, that 
it was doubtful whether it would be the oauaa 
of Slavery or the canae of Freedom tbat would 

Sain advaota^es from the poasi^e of thia bill, I 
not find It neeesaary to be cenaoriona, nor 
oven unjust to ( 






ived. 



from Ilhnoia [Mr. Douglas] 
did not mean that the Slave States should gain 
an advantage over the Free Slafea ; for be dis- 
claimed itwben he introduced the bill, I believe 
in all candor, that the honorable Senator fron) 
Georgia [Mr, Toombs] , who comes out at the 
close of (he battle as one of the chiefost leaders 
of the victerioua party, is aincere in declaring his 
own opmioutbat the Slave Stateawill gain no 
unjust advantage over the Free Statea, because 
lie disclaims it as a triumph in their behalf. Mot- 
withatanding all this, however, what has occur- 
red here and in the couiitry, during this contest, 
has compelled a conviction that Slavery will gain 
BomethiBg, and Freedom will endure a aevere, 
though I hope not an irretrievable, loss, Tlie 
alaveholding States are passive, quiet, content, 
and satisfied with the prospective boon, and the 
Free Slates are excited and alarmed with fearful 
forebodings and apprehensions. The iinpalience 
for the speedy paaaage of the bill, manltestcd by 
its frienda, betrays a knowledge that thia is the 
condition of public sentiment in the Free Statea, 
They thought in the beginuing that it waa necea- 
aory to guard the measure by inserting the Clay- 
ton amendment, which would eiclude unnatur- 
alized foreign inhabitants of the Terriioriea from 
the right ofsuffrage. And now they aeem willing, 
with Smost perfect unanimity, to reUnquiah that 
safeguard^, rather than to delay the adoption of 
the principal measure for at moat a year, per- 
haps for only a week or a day. Suppose that 
the Senate should adhere to that conation, which 
ao lately was thought so wise and ao important 
—whot then 7 The bill could only go back to 
the House of Representatives, which must either 
yield or insist ! In the one case or in the other, 

for evea if Uie House should disagree, the SenaJo 
would have time to recede. But the m^ority 
will hazard nothing, even on a proapeot ao cer- 
tain as this. They will recede at once, without 
a moment's further struggle, trom the condition, 
and thus secure the passage of this bill now, to- 
night. Why such haale 7 Even if the question 
wero to go to the country before a final aeeisiOD 
here, what would there be wrong in that? Thara 
is no man living who will aay that the country 
anticipated, or that ic anticipated, the citation 
of this measure la Congress, when this Congress 
was elected, or even i^en it assembled in De- 
cember last, 

ITuder such circumstancca, and in the midst of 

inly the country has not 
hill. There'---' "-- '- 



decided in 
let the que 
proof that the 81 



the question go to Uie country ia a conplusii 
jof that the Slave States, im represented her 
pcetfroin the passage of this bill what the Fri 



wGoogle 



THE STRUGGLE FOR SLAVERY HESTRICTION. 



Btraofion. There are men in the SluTe StateSj ae 
in ihe Free Stales, wlio inaiat aliirsye loo perltoa- 
cionaiyupeii mere alistraeaone. But that La not 
the policy of tha Slave States to-day. They are 
in earnest in eeeting tor, and Becuriiig, an ob- 
ject, and an important one. I helicve ihej are 
going to have it I do not know how long Iht 
advanloga gained will loat, nor how great oi 
comprehOEBlve it will be. Every Senatric wht 
agrees with me in opinion muet feel aa I do- 
that under such circumstaucca he can forego 
nothing that ean be done decently, with due 
respect to difference of opinion^ ana ooneiatently 
wifli the conatitutionnl and aotUed rules of legia- 
lation, to place Ihe Iroe merits of (he OHestio 
fore Uie oountry. Qnealions aomeBmea < 
which aeem to Lave two right sides. Saoh 
the questions that divided the English nalio 
tween Pitt and Foi— aucb tbe contest between 
the assailant and the defender of Quebec. The 
judgment of the world was euapended hy ita 
sympathies, and aeenied ready to deecend in fh- 
vor of him who ahould be most gallant in cor 
duct. And BO, when both fell witi equal chiva 
ry on the same field, the BUr vivora united i 

rival memories of Wolfe and Monlah^"^Bl 
this contest involves a moral question. Th 
Slave Statea ao present it. They mamtain thi 
African Shivery ib not erroneous, not umust, n( 

istent with tbe advancing cause of huma 

I Since they so regard •' ■ ■■ ' 

atateamen repreeenting 

about ft vindication of ._ . „ .... 

<Jongre3s of the United States. On the other 
hand, we of the Free States regard Slavery as er- 
roneoua, unjust, oppressive, and therefore abao- 
lutely inconsistent with the principlee of the 
American Cohatitution and Government. WLo 
will ejipect us to be indifferent to the deciaiona- 
of the Alnerican people and of mankind on such 



qnestion, no idle quesUon, whether Slavery Bhall 
go on increasing its inBuence over ihe central 
power here, or whether Freedom shall gain the 

BBoendancy. I do not eipeot (o see stafor 

of tbe Slave States indifferent on so momeii 
a qneetion, and as httle can it be expected 



thins daring ita progress to change the opinions 
whicb atthci^tu'liest proper period I deliberately 
eipresaed. Certainly, I have not seen the evi- 
dence tlien promised, that the Free States would 
acqnioaee in the measure. As cert^nly, too, I 
may say that 1 have not seen the fulfillmeat of (be 
promiBB that the hiatory of the last fhurty years 






rised, corrected, a 



1 ameuded, and 



■ that it would then appear that the country, dur- 
ing all (hat period, hacf been resting in prosperity, 

oonetitutional, and irrevocable compromise 
twBon the Slave States and the Free Statea, 
upon an unconstitutional and false, and even 
' et of Congressional asurpation. 



just aa it stood before, cr 

laating facts, that until loiu me uoagress oi me 
United States legislated to prevent the introduc- 
tion of Slavery into new Territories whenevoi- 
that olgect was practicable ; and that in that year 
they ao far modiHed that policy, under alarming 
apprehensions of civil convulaion, by a constitu- 
tional euaclment in the character of a compact, 



m the eiprei 



latitude. < 



a new Slave State, but 
lition, stipulated in tiivor 

. Slavery ahould be forever 

prohibited in all the residue of the exiating and 
nnorganiaod Territoriea of the United States 

'■" th of the parallel of 36 deg. 3(1 min. north 

1 find nothing to win my 

. ^..,v.u .uc! .yiu in the proposition of (he 

Senator from Maryland [Mr. Pearce] to restore 
the Clayton amendment, which was struck out 
in the House of Representatives. So fni' from 
yoUng for that proposition, I shall vote agiunat 
it now, as 1 did when it was under eou^derotion 
here before, in accordance wjtb the opiniou 
adopted as early as any pahtioal opinions I ever 
had. and cherished as long, that the right of auf- 






fhere, he is, by the i 
Bciety, entitled te » 
ingof political p 

ought to be allow! 



lisqualihed by 
government he ought ti 
free government the baUi 



f self protoetion agtucBt nnendurabla 
. I am not likely, therefore, to reetoro 
' 'a amendment which would deprive 



tho only feHtore that h , , - 

convictiona of juatioe. It is true that the House 
of ReproaentabTea stipulates such suffrage fbr 
white men as a condition for opening it to the 

Jossible proscription and slavery of the African, 
shall Bejiarate them. 1 ahall vole for thp former 
and against the latter, glad to got universal suf. 
frage of white men, if only (hat can bo gained 
now, and working right on, fn]l of hope andcon- 

" "-"-n or the abrogation of 

hereaflcr. 
oir, 1 am Burpnsea at the pertinacity with 
which the honorable Senatcr from Delaware, 
mine ancient and honorable friend, |^Mr. Clay- 
ton,] peraevBres in oppoaing the granting of the 
right of enffrage to the umiaturahzed toreianer 
in the Territories. Congreas cannot deny him 
that right Here is the third article of that con- 
vention by which Louisiana, including Kansas 
and Nebraska, waa ceded to tiie United States : 

"The inhabitants of the ceded territory ehall 
be incorporated in tho Union of the United 
Slates, end admitted as soon as poaaible, accord- 
mg to the principles of tho Federal Constitation, 
to the enjoyment of tho rights, privileges, nnd 
immunities of eitiaona of (he United States ; and 
in the mean time they shall be maintained and 
protected in the free ei^oynient of their lib^y, 
property, and the religion they profess." 

The iobabitanls of Kansas and Xebraska are 
citizens aheady, and by force of this treaty must 
continue to be, and Bsauch to ei^oy the right of 
■niffrage, whatever laws you may make to the 
[■flntrary. My opinions are well known, to wit; 
That Slavery is not only an evil, hut a local one, 
■"■"" — — ■■ ulUmatdy pemieioua to society, 
nets, and in conflict with the con- 
aUtutioual principles of society in this country. 
' am not willing to eitend nor to permit the ex.- 
ensiou of that local evil into regions now free 
eithin our empire. I know (hat there are soma 
Fho differ from me, and who regard the Conatitu- 
ion of tho United Stales as an mstrument which 
anctions Slavery as well as Freedom, But if i 
ould admit a propOBilion so incongruous with 



wGoogle 



THE KANSAS-NEBRASKA STRUGGLE. 



TS 



ore, and so eiioiild concIudB Ihat Sluvery woe 
Datioanl, I must still cherish the opiniou that it 
ie (LQ evil ; and because it is a national one, I am 
Ihe more firmly held and hound to prevent an in- 
crease of it tending, as 1 think it manifestly does, 
to the wefi^eninz and ultimate overthtow o( the 
Couatiluljoii ilsmf, lUid therefore to Its injury of 
all menkind. I knoir there have b«en States 
which hnve endured long, and achieved much, 
which tolerated Slavery ; but Ihat was not the 
Slavery of caste, Uke Afiioan Slavery. Such 
Slavery fends to demoralize equally the subject- 
ed race and the superior one. It has been the 
nbsonee of such Slavery from Europe that has 
given her nations their superiority over other 
countries in that hemisphere. Slavery, — ' — 



of weakness. 



et of IhstetemH! 



le firesides of the Slave States, always asking 
:n stipulations, now compromises and abi'oga- 
m of compror ' . ■ .■ . 



V apanmptions of power 
er, hut fear ? It is the 



- .... BO great afield : and it is reasonably to be 
hoped that the part of it nearest to the North 
Pole will be the last to be inundated. But Al- 
slave emigration is to compete with free 
ntion of wBie men, and the source of thia 

. ntire continents. The honorable Senator 

from Delaware mentioned, as if it were a stai-t- 
ling fact, that twenty Ihonsand European imroi- 

Kants arrived in New-Tort in one monlh. Sir, 
has stated Ihe fact with too much moderalion. 
On my return to the capital a day or two aeo, 
I met twelve thousand of these emigrants who 
had arrived in New -York on ona morning, 
' who had Pronged the churches on the follow- 
Sabbath, to relnm thanks for deliverance 
dom the perils of the sea, and for thedr arrival in 
the land, nUt of Slavery but of Liberty. I also 
thank God fbr their escape, and for tbeir coming. 
Tbey are now on their way westward, and the 
news of the passage of this biU, preceding them, 
will speed many of them towards Kansas and 
Nebraska. Such arrivals are not extraordinary 
— they occur almost every week ; and the immi- 
,7rBii,.n fivim nonnany, from Great Britain, and 
id from Sweden, during the En- 



id old . 

between alarms of American intrnsion into Cuba 
on one side, and British dictation on the other, 
but the fact that she has cherished Slavery so 
long and still cherishes it, in the last of her Ameri- 
oan colonial possessions 1 Thus far Kansas and 
Nebrsska are safe, under the laws of 1^0, 
aednst the introduction of this element of na- 
tional debility and declme. The bill before us, 
as we are assnred, contains n great principle, a 

luHy ascertained, proves to be nothing less than 
the subversion of that security, not only within 
ihe Territories of KansBs and Nebraska, but 
within all the other present and future Territo- 
ries of the United States. Thus it is quite clear 
that it is not a principle alone that is involved, 
but that thoso who crowd this measure with so 
mnch zeal and earnestness must expect that 
fithei Freedom or Siavery shall gain sometbinK 
by it in thoso re^ons. The case, then, st " 

thus in Kansas and Kebraska: Freedom 

lose, but fei-tainly can g^n nothii^ : while Sla- 
very may gain, but us certainly — ' — — 

So far as I am concerned, the time (or looking 

on the dark side has passed, I feel quitf 

that Slavery at most can get nothing mon 
KauBos; while Nebraska — the witfer northern 
region — will, under esistii^ circumstances, es- 
cape, for the reason that its soil and climate are 
uncongenial with the staples of slave culture— 
rice, sugar, cotton, and tobacco. Moreover, 
since the pubUo attention has been so well and so 
eflfectually directed toward tho subject, I cher- 
ish a hope <hat Slavery may be prevented even 
from gaining a foothold in Kansas. Congress 
only gives consent, but It does not and cannot 
introduce Slavery there. Slavery will be em- 
barrassed by its own overgraeping spirit. No 
one, 1 am sure, anticipates the posaible re^estab- 
lisbinent of the African Slave-trade. The tide of 
emigraKon to Kansas is therefore to be supplied 
there solely by the domestic tbuntain of slave pro- 
duction. But Slavery has also other re_gioiis be- 
udes Kansas to be filled fixim that fountam. There 
are all «T New-Meiico and all of Utah already 
within the United States; and then there is Cuba 
that consumes slave labor and hfe as fast as any 
one of the slarehoMing States can supply it ; and 
be^des these re^ons, there remains all of Mexi- 
co down to the Isthmus. The sti-eom of slave 
labor flowmg fiom so small a fountain, and bro- 
ken mto several divergent channels, will not 






e to M 






jds of the South Seas. All the im- 
migrants under this bill, as the House of Ecprc- 
senlatives overruling you have ordered, will be 
good, loyal, Uberly-loviiig, Slavery-fearinjt citi- 
zens. Come on, then, gentlemen of ihe Slave 
States. Since there is no escaping yonr chal- 
lenge, I accept it in behalf of the cause of Free- 
dom. We will engage in conipetition for the 
virgin soil of Kansas, and God give the victory 
to Ihe side which is stronger in numbers as it la 
in right. 

There are, however, earnest advocates of this 
bill, who do not espect, and who, I suppose, do 
not desire, that Slavery shall gain possession nf 
NcbraBka. Whatdo they eipect to giunT The 
honorable Senator from Induina |^Mr. Pettit] 
says that by thus obliterating the Missouri Com- 
promise restriction, they will g^n alabida rasa, 
on which ihe inhebitante of Kansas and Nobros- 
fca may write whatever they wilL This is the 
great principle of the bill, as he understands it 
Well.what galnis therein that! You obliter- 
ate a Constitution of Freedom. If they ^rito a 
new Conetitntion of Freedom, can the now be 
better thon Ihe old ? It they write a Constito- 
tlon of Slavery, will it not he a worse one ? I 
ask the honorable Senator that But the honor- 
able Senator saya that the people of Nebraska 
will have the privilege of establialiing institutions 
for themselves. They have now the privilege of 
establishing free institutions. Is it a privilege, 
then, to establish Slavery J If so, what amock- 
crv are all our Conetitutions, which prevent the 
inhabitants from eaprioionsly subverting free 
institutions and establishing institutions of Sla- 
very I Su-, it is a sophism, a subtlety, io talk of 
conferring upon a country, already socni-e in the 
blesMugs of JTreedom, the power of selfJeslrae- 



What manMnd everywhere w 



<t the 



of the Constitutions of Freedom which 
they have, that they may make at their pleasure 
ConsfitnUons of Slavery or of Freedom, but the 
privilege of retaining Constitutions of Freedom 
when tbey already luive them, and the removal 
of Constitutions of Slavery when they have Ihem, 
Ihat they may establish Conatitntions of Freedom 
in their place. We held on tenaciously to all 
oiisfing ConstitnUona of Freedom. Who de- 
nounces any man for diligently adhering to snch 
Constifutioua ? Who would dare to denounoe 
any one for disloyalty to our cuisting Constitu- 



wGoogle 



THE STSeGGLE FOR SLAVEKY BESTBICTION. 



thie prindple is less imtmrtant in r^ard (o Kan- 
ta» nod Nebrailca thRD as h geaeral one — n general 

Sriociple applicable lo ^1 other pteeeSt and 
itoreTemLoriee of tl» UnUedStatee. Dobo- 
norable Senatoni then indeed nuppose they are 
eWablishing a principle at aill If so I Ihiuk (hey 
..n«n.i«„.i„ o™ whether the prinoipie ie either 
ir wrong. The^ aro not esta- 
iBot ealabliah it in thla way. 
nioiouBly, hy making 



coed or bad, neht 
bllihiHg it, Bud ce 

another law in 



Bpla, 



CBpnoiouBly, by mahine 
. That is dl. Willyoar 



or binding _ _ 

first hndr Tonnbrogatelbslawof 
ceaaors— others will iiave equal powe'r and'eqmJ 
liberty to abrtteate youm. Von allow no barriers 
orouod tho old law, to proteot it from ahlogslion. 
nund yoUr new law, lo slay the 

id T If yOQ are caiidid, yoii irtTl coiifeee Ibat 
yon rest your RBBuD^ion on the- ground that the 
Free StMea will never BRitate repeal, but atways 
Moviesce. Itmavbethat you are rieht. I bid 
not going lo predict tho course of theFrue States. 
I cl^tn no aulhnrity <o speak for them, and still 
leea Iq nay what they will do. Butlmayventnre 
to say, that if they ebail not re|)eal this Inw, it 
will not ho became they are not strong enoUKb to 
do it. They have power in the House uf Rcpro- 
senUtives greater than that of tlio Sisve Statea, 
and, when they cboo«e to ea^ercise it. a power 
greater even here in the Senate. The »ce SWtfs 
«re'notdull echolars,eveil in practieal poliliesl 
^Btegy. When you shall haTe lBB|;ht Hieni'thBt 
Aconproniiso law estabtiahing fK^em can be 
aWagated, and the Union naVerlttJcMlland, yen 
will have let them into anotber 8ecrBt,ifsBioly : 
that a law pemuttiug <w eslabliifaittg WbtbtJ can 
^ repealed; end the Union Bevertb^M relnaki 
Bnn: If you inaiiire wby thoydo not*tiuid by 
their r^bte and their iniireetB inwe firmly, 1 Kin 
teil you to the beat cf my ability. Ilisbocanae 
they «ro conacioue of Ihoir strength, and, Ihere- 
fbre, aiisii9pecting,aiid slow loapprehond danger. 
Tho reason why you prevail in so many contests, 
to beesuse you are in perpetoal fear. 

There cannot beaoontocBttou of Abttlittoniata, 
fctwever Impracticobls, in faneuil Hall tit flie 
Tabwiacle, though it oon^sta of men and women 
Tbo laVe separated themaelvee froiB all effective 
poiitical parlie*, aad-trbo bavo rondnnced all 
polLtje^^W'oica,t)VeB thrfflRh Ihey rasnlve that 
they will vttte for nobody; noi even for them- 
selves, lo earry ont Ibeir parpoaea, and thouch 
they practice on that rteolulien, but you take 
alarm, and yonr agitation fen^era n«;ea«ary such 
.. loof'laSOandof 18511. We 



Weai 



e youHg 



1 the, at 



ong; yoi 

•uic, u.tiTionfident, careieaa, and indifferent; 
you are viellant and active. Thwo are trails 
that redound to yourpraiao. They are mentioned 
rot in your diaparagement. I say Only, that 
thereinay bo an extuni of intervention, of aggres- 
sion on your aide, wliich may induce the North, 
at mnne' time, eilbor in this or in acme future 
genoratibn^O adopt your laotica and follow your 
exBQiple. It«inember now. that by unanimous 
consent, ftia new law wiE he a rqwalablo aletule, 
eipoeed to all tho ctianCGB of the Missouri Coin - 
promiae. Itslandaan infiDilely worse chance of 
endurance than Hiat compromise did. 

The Miaaouri Uomproniieo was a traneactton 
which wise, learned, palrioljc stalosmen ^reed 
to surround and fortify with the principles "f » 
ootnpaet for mutaal coDiudeTBtions, paeaed 
executed, and therefore, allhougb not irrej 
abU in fact, yet inepeaJable ' 






'« 



science, and down at least mAW this Very seGsioil 
of the Congress of Ihe Umted States, it has had 
the force and authority not merely of an act of 
Congrosa, but of a covenant between Ihe Pmo 
Stales and the Slave States, scarcely less aacred 
than the Constitution itself Now then, who arc 

S)nr contracting parlies in Oie law cBlabiiahiHg 
ovemnioiits in Kansas aaA Nebraska, and ab- 
rogating Ihe M^aonri Compromiae? What aro 
Ihee^ivalcntsintbislaw) What has tho North 
^ven. and what has the South got back, that 
makes tbiaa cuutniot 7 Who protcnda that it ia 
anything more than an ordinary act of ordinary 
kgidution? If, ttien, B law which has all tho 
iviBia and solemnities recognized by common 
consent ae a- compact, and la covered with tra- 
ditions, cannot stand timid this ahuflling of the 
balance between the Free SMIea and the Slave 
States, tell mo what cbancea this new law that 
you are passing -will have ? 

You are, tnoreovOr, selling^ precedent whi^h 
abro^tea all comprOnusee. £'our years agi 
obtained the cunsent of ,& pi^on of the 
States—Enough lo render Ihe effort at immediate 
.repeal or resistance alike impossible— to what we 
regard ae an nnconBtitntioHal act for tbe surren- 
der of fugitive slaves. That was declared.'by the 
common consent of Ihe peraona acting in Ihe 
name of ihe (wo parUea, the Slave Slates and the 
I'ree StBles in Congress, an irrepoalable law— not 
even to he questioned .-although it violated the 
Constitution. In establishing this new principle, 

?DU eipose that law also lo the chances of repeal, 
on nut only so expose the fugitive slave law, 
but there is no tohnnnity about the artidea for 
the ajmeiBtion of Texas -to the United Slates, 
whieb docs not baag about the Missouri Com- 

Et^ise; and 'when, you have shown that Ihe 
issonri Conlpronuse' eon bo repealed. Ihen the 
■rtiotea fiir-the annexation of'Teiaa aro aulyect 
to ths%iU and^plcasa^e and Ihe caprice of a tem- 
ptiaTV imriiBily in Congress. Do you, then, ex- 
pect that the VreeStatcs are to observe compacia, 
and you to be at liberty lo break them ; that 
they are (o submit to laws and leave them on Uie 
statute-book, however unconstitutional and how- 
ever grievous, end that you aro lo rest under no 
sHch obligation^ I think it ia not a reasonable 
expectation. Bay. flien, who from the North 
will be bound t« admit Kansas, when Kansas 
shall come in here, if she shtdl come as a Slave 

The' honorable Senator from Geor^a, [Mr. 
ToiHTibs.] and-I know he is as sincere as he is 
ardent, ' says ' if he shall be here when Kansas 
comes as a free Stste. hawill vole for her ad- 

not be bore, for the very reason, if there be no 
other, that bo would vote that way. When 
Oregon 4ir Minneeota shatl come here for admis- 
sion— within one _yeBr. or two years, or three 
yeara from this lime — we shall ttien see what 
your newprinciple is worth in iisobhgation upon 
the slavehuldiDg States. No; you establish no 
principle, you only abrogate a plinciplo which 
was established for your own security as well as 
our«| and whUe yon'ibink you are abnegating 
and resleniJiE all power nd nil authority on Ibis 
su^ectmto Ihe bands ofihe people of the Terri- 
tories, jou are only (getting over a difficnlty in 
settling Ihis question in the organij alien of two 






icipie 



bocslabliBhcd byihishill,In 

clear, well settled principles of human nature 
Slavery uid Fi'eedom are anlagonisliciilelomenti 
in this countrv. The founders of Ihe Constitutioi 
fi'uned it with a knowledge of that antagonism 
and suffered it to ctoitinue, that it might wor) 
out its own ends. There is e commereial ania 



wGoogle 



THE KANSAS NEBRASKA STRUGGLE. 



SI 



gonism, fto irrecnncitabls one, between Ihe ayt- 
teoit of free labor and slave labor. Thev have 
been at war with each othef aver sin™ UiB Gu- 
vernmeot waa eatabtisbsd, and that nor is to 
continue forever. Tbs eontent, when it ripons 

eettled soniewbere < it ig to be Bellied in the seat 
of central power, in the Federal Legislatare. 
The Conatitulbn makes it tbe duty of the central 
Oovernment to determine questione, as often an 
they shall nriae, in favor of one or the other 
party, and relers the decision of Ihem to the 
majority of the votes in the two Houeea of Coq- 
gress. It will come back here, then, in spite of 
*11 the efforts to escape from it. 

This antagoniaoi must end either in a separa- 
tion of the antagonistic parties — the Slavehoiding 
States and the Free Stales— or, secondly, in the 
complete eatabiiehment of the influence of the 
Slave power over the Free — or else, on (he otlier 
hand, In Ihe establishment of the aupeiior inSu- 
enee of Freedom over the interesW of Slavery. 
It will not be terminated by a volnntar j seceeeiou 
of either party. Commercial tntereeta bind the 
Slave States and the Free States together in links 
of gold l^at are riveted with iron, and they can- 
not be broken by passion or by ambition. Either 
party will submit to the ascendancy of the other, 
rather than yield the commerci^ advantaess of 
this Union. Political ties bind the Un»n to- 
gelber — a common necesHty, and not merely a 
common necessity, but the common interests of 
empire — of sucli empire as the world has never 
belore seen. The control of the national power 
ie the control of the ^reat Western Continent -, 
and the euntrol of this continent is to be, in a 
very fewjears, the eontrolling inflnence in the 



establiBhment of no now oneti in favor nf Slavmy j 
and thus to turn away the thoughts of the Slates 
which tolerate Slavery, from political efforts to 
perpetuate what in its nature cannot bepoipet- 
-ai, to Ihe more wise and benign policy of eman- 
iMlion. 

This, in my humble jndgment, is the simple, 
easy path of duty lor the American Statesman. 
I will not contemplate that other aJtemative-^the 

nter ascendancy of the Slave Power. I believe 
if it shall aver come, the voice of Freedom 
will cease to he heard m those Halls, whatever 
may he the evils and dangffl-B which Slavery ehidl 
produce. I say this without disrespect for Kepre- 
sentattves of Slave States, and I say it bocausa 
the righte of petition and of debate on that ant 
effectually suppressed — necessarily suppressed — 
in all tbe Slave States, and because they are not 
always held in reverence, even now, in the two 
Houses of Congress. When freedom of speeoh 
on a sulject of such vital iatereet eball havo 
cea«ed to exist in Congress, then I shall eipeot 



MP uiucu, or who, South, that bates ema- — -"- 
BO intensely, that be oan attempt, with 
nf success, to break a Union t])us forged and 
welded together? I have always heard, wit' 
equal pity and disgust, threats of disuuion In Ih 
Free States, and aunilar threats in the Siavi 
holding SUIes. I know that men may rave i 
a, and nudor great politi 



ent; but 



li ITreedi 
lOld it, ai 



hcther ttiis Unli 



js to* 

. shall stand, eilhei 



stand nntil seme inherent 
latitution, not yet disclosed, shall 



. Now, i 



and influence 1 
may have, aa to secure, if I can, the ultimata pr 
dominance of Freedom. 

In doing this, I do no more than those wL_ 
believe the Slave Power ia rigbtesl, wisest, and 
bast, ace dtdng, and will oontinue to do, with my 
free oonaait, to estsbliib its complete supTemacy. 
If they ahall lueiseed, I aliU (haU be, as I have 
been, a loyal dticen. If we anveeed, I know t' 
vrill be li^al also, because it will be safest, wie 



t forth 



and best for them 



The qnestion is 



, , ., Uke ._ 

other great political questions, it wiU be attunded 

and sometimes, pcibapa, even by faction ; but it 
ii sore to l>e settled in a constitnlionat way, with- 
out any violent shock to society, or to any of ita 
great intercets. It ia, moreover, sure to bcMtUed 
rightly; beoanse it will be settled under the 
benign influences of KepnblicautBm and Chris- 
tianity, according to the principles of truth and 
justice, as ascertained byhumanreason. In pur- 
suing tnch a counie, it seems to me ubvionsly as 



Territories, but stealthily ore( 
Free States Uiemselvea, Beli 



n all a 



Government to the pei^ple is essential to pnbUo 
and private safety, and that decline and ruin am 
sure to follow, always, in the train of Slavery, I 



am sure that this will b 



Sir, I haVe always said that 
g>nd, even if this fearial m( 



inal lil>erty when Slavery 
le paramount. Aufirrt 
ilmi imperiam afqae, uH 

', I should not de- 
leasure should b« 
.^ .,_ . _^. do I BOW despond. Although, rea- 
soning from my present convictions, I shonM 
not have voted for the compromise of ItiaO, I 
have labored, in the very spirit of those who ee- 
tablished it, to save the landmark of Freedom 
which It assigned. I •have not spoken irrever- 
ently even of Ihe compromise of 18SU, which, aa 
nil mnn kiinw, I opposed earnestly and with dili- 
--"■-'--- ' "--ive always preferred 



Neverthele^, I 



of the CoDstitntiun, and have 

wanted na othen. I feared all other?. This wa* 

a leading principle of the great stateaman of the 

South. tUr. Calhoun]. Said he: 

" I see my w^y in the Constitiitlon : I cannot 

•f Congress, tt may' be overruled at any time. 
It gives us no security. But the ConatHutioQ ia 
stable. It is a rock on which we can stand, and 

slavehoiding States. It Li a firm and stable 
ground, on which wo can better stand in opposi- 
tion to fanaticism than on the shilling sands of 
compromise. Let na be done with comwomiaea. 
Let us go back and ataud upon the Constita- 



■}t mine to ^rtvtte. 



It ii 

ttoy 



and Conei 
Freedom, 






a poeiibla,tI 



another quarter — from an ad 

about to prevvl. The shitting aande of eo 

mlse are passing frma under my feel, and 

are now, without agency of mv own, taking hold 

again en therock oTlhe Constitution. Itahallbe 

no fault of nunc if they do not remain firm. Thii 

legliilalion. Through all the darkness and fdoom 
of the present h^jur. bright stars are breaking, 
that inspire me with hope, and eioite me to pet- 
Bevcranco, Thev show that the day of compro- 
mises hoe past forever, and that henceforward 
all great questions between Freedom and Slavary 



wGoogle 



THE STRUGGLE FOE SLAVERY RESTRICTION. 



le^timately oonut^^ here — ond none other can 
oame— BhRll be decided, ae they ougbtt[ibe,i>^un 
thrar merilB, by a f^ oxordBO of legislativBi 

ner, and not by bargainH of equivoeal p™- 
!B, it not of doubtfiil morality. 
TbB House of KeproBentatives has. and it al- 

b^^frSn thTIr™ sT^. ^^ th:a''™ca3i'on, that 
House lias DOt been Bltogetherfuthleea tothe in- 
terests of tho Free Slates ; foralthongh it haatakeo 
away the charter of Freedom from Kwibbb aiid 
Kcbraeka, it haa, at Che same time, told this proud 
body^ in language which oompela ocquiesceoce, 
that m Bubnutting the question of It9 restoration, 
it woald submit it not merdy to interested citi- 
zens, but to the alien inhabitants of the Terri- 
toriea also. So the great intereafs of humanity 
are, after all. thanks to the House of Beprescnt- 
attves, and tlianta to Qod, submitted to tho 
voice of human nalnre. 

Sir, I aee one more eigii of hope. The great 
support of Slavery in the South has been its alli- 
ance with the Demooratie partj of the North. 
By meaDs of tliat aMairce. it obtained paramount 
iiiBuence in tbio Goremmeot abont the year 1800. 
*hioh fiy^m that time to this, with hut few and 
s^ht interrnptions, it bag maiutainod. While 
Democracy in the North hoa thus been Bnnport- 
ii^ Slavery in the South, the people of the North 
have been leanriug mwe profoundly (he princi- 

Elea of republicanism andT of free government, 
t Ib an eitraordinary drenmatance, which you. 
fflT, the preaont occupant of the chiur, |Mr. Stu- 
nrt], I am Bure will not gainsay, thai "t this mo. 

divergence of the Federal (Government, in favor 
of Slavery, than ever before, the Bcntiment of 
UmverBUl liberty is atron^er in all Free Statea 
Ama it ever waa before. With that principle. 
the preseut Democratic party must now come 
mt* a cloaor contest Thdr pree^ge of Democra- 
cy IB fast waning, by reason of the hard aervice 
miich thejr alliance with th^ Blaveholding 
breUireD has imposed upon tbem. That party 
perseveres, as indeed it must, by reason of ita very 
coDstitutiOQ, in that aervice. and thus cornea into 
oloaer conflict with elements of true Democraoy, 
and for that reason is destined to loae, and ia fast 
lodng, the power which it has held aofirmlyand 
kmg. That power will not be restored until the 
prindple estabhshed here.now shall be reversed, 
and B Constitution shall "be given, not only io 
Kansas and NebraekKj bnt a^o to every other 
national Territory, whidi will be not a taiala 
nua', but a Constitntion securing equal, Wver- 
wl, and. perpetual Freedom. 

Mr. DoDglaa closed the debate, reiterating 
and enforcii^ the views set forth in hia Ee- 
port already given; and at last tho vote 
was taken, and the bill passed : Yoag 37 ; 
Nays 14 ; as follows : 

YEAS— For the Eansas-NeSra^a bill i 

UeastS. Adams, Hunter, 

Atchison, Johnson, 

Badger, Jones of Iowa, 

Bayard, Jones of Tenn. 

Beniamin. Mason, 
Morton, 

Drowu, Norria, 

Butler, PefHt, 

Uaas, Pratt. 

Clay, Kusk, 

Dawson, Sebastian, 

Diion, Shields, 
Dodge of Iowa, Slideli, 

DougloB, Stuart, 



Filzpatrick, Thomsonof N. 3. 

Geyer, Toncey, 

Gwin, Waller, 

Williams— 37. 

NAYS--Agaia$l the said bill ; 



So the bill waa passed, and ite title de 
clarcd to be " An Act to organize the Ter 
ritories of Nebraska and Kansas," and the 
Senate adjourned over to the Tuesday fol- 
following. 

In the House, a bill to organize the Ter- 
ritory of Nebraska had been noticed on the 
first day of the session, by Mr. John Q. 
Miller of Mo., who introdueed it December 
22nd. 

Jan. 2ilh. — Mr. Giddings gave notice of 
a bill to organize said Territory. 

Jan. 3a(A.— Mr. Prin^le of N. T. en' 
deavored to have Uie bill passed at the last 
session (leaving the Missouri Eestrietion 
intact), reported by the Oommltfee on Ter- 
ritories ; bnt debate arose, and his resolation 

Jan. 31st. — Mr. Bichardson of III., chair- 
man of the Committee on Territories, re- 
ported a bill " To organize the Territories 
of Nebraslta and Kansas," which was read 
twice and committed. 

Mr. Bichardson'B bill was substantially 
Mr. Douglas's last bill, and was accompa- 
nied by no report. Mr. Eoglish of Ind. 
submitted the views of a minority of said 
Committee on Territories, proposing, with- 
out argument, the two following amend- 

1. Amend the section defining the boand- 
ary of Kansas, so as to make " the summit 
of the EockyMountaiiis" the western bound- 
ary of said Territory. 

2. Strike oat of the 14th and 34tli sec- 
tions of said bill all after the words " Uni- 
ted Slates," and insert in each instance (the 
one relating to Kans^, and the Other to Ne- 
braska) as foilowa : 

Provided, That nothing in this act shall bo ao 
construed aa to prevent the people of said Tern- 
■, through the propsrly-conBtituted legislativ* 



3.S 



the 

their happiness and welfare i and so much 

of any esiiiing act of Conereaa as may conflict 
with the above right of the people to regulate 
their domestic institntiona in their own way, be, 
and the same is hereby, repealed." 

This appears to have been an attempt to 
give practical effect to the doctrine of 
Squatter Sovereignty; biit it was not suo- 
cessful. 



wGoogle 



THE KASSAS-NEBRASEA STRUGGLE. 



MaySlk.—On motion of Mr. Eichard- 
BOn. the Hooae— Teas 109; Nays 88— 
resolved itself into a Committee of the 
Whole, and took up the bill (Eonse No. 
236) to organize the Territorira of Nsbras- 
ka and Kansas, and discussed it — Mr. Olds 
of Ohio in the chair. 

On coming ont of Committee, Mr George 
W. Jones of Tenn. moved that the rnles be 
suspended so as to enable him to move the 

grinting of Senate bill (No. 22, passed the 
enate aa aforeatdd) and the amendment 
now pending t* the House bill. No quo- 
rum voted— adjourned. 

May 9(A.— This motion prevailed. Af- 
ter debate in Committee on the Kansas-Ne- 
braska bill, the Committee found itself 
■without & quorum, and thereupon rose and 
reported the fact to the House—only 106 
Members were found to be present. After 
several Iruitless attempts to adjoarn, a eall 
was ordered and a quorum obtained, at 9 
P. M. At 10, an adjournment prevailed. 

May lOtk. — Debate in Committee con- 
tinued 



Mr. English moved a call of the House : 
Eefused : Yeas 88 ; Nays 97. 

Mr. Mace moved that Mr. Richardson's 
motion be laid on the table: Defeated; 
Yeas 95 ; Nays 100. 

Mr. ifidgerton of Ohio moved a call of 
the House : Refased ; Yeas 45 ; Nays 80. 

[The day was spent in what has come 
to be called " Filibastering"- that is, the 
ihinority moving -adjournments, calls of the 
House, aslting to be eieused from voting, 
taking appeals, etc., etc. In the midst of 
this, Mr. Richardson withdrew his original 
motion, and moved instead that the debate 
in Committee be closed in five minutes after 
the House shall have resumed it. 

The hour of noon of the 12th havin_ 
rived, Messrs. Dean and Banks raised points 
of order as to the termination of the legisla- 
tive day. The Speaker decided that the 
legislative day could only be terminated by 
the adjournment of the Hoose, except by 
constitutional conclusion of tho session. Mr. 
Banks appealed, but at length withdrew his 
appeal. 

Finally, at llj o'clock, P. M., of Friday, 
12th, after a continuons sitting of thirty- 
sis hours, the House, on motion of Mr. Rich- 
ardson, adjourned. 

May 13fft.— The House sat but two 
hoora, and effected nothing. 

May ISift.- Mr. Richardson withdrew his 
demand for the Previous Question on clos- 
ing the debate, and moved instead that the 
debate close at noon on Friday the 19th in- 
stant. This he finally modified by substi- 
tnting Saturday the 20th ; and in this shape 
his motion prevailed by a two-thirds maji 



ty — Yeas 137 ; Nays 66 — the following op- 
ponents of the bill voting for the motion, 
namely : 

Maise,— ThomOB J. D. Puller, Samnel May- 
all— a. 

New-Hampshire.— Goo. W. Kittredae. Geo 
W. MorriBon— 3. 

MiasAOKUSKTTs.— Sttthaniel P. Bankfi, jr.— 1. 

COBKKCTIOUT,— Origen S. Seymour— I. 

KKW-YoRE.--8i!bert Dean, Charles Hughes 



Ibdiaka.- AndrewJ.Harlan.DiuiielMace— 2. 

iLLJSOia.-John Wenlworth— 1. 

Mic HI HAM.— David A. Noble, Hoator L. Ste- 
vena— a. 

WiBCoBsm.— John B. Macy— 1. 

ViEoisii.-John S. MillBOn— 1. 
Total— 21. 

Mr. Richardson, having thus got in his 
resolution to close the debate, put on the 
previous qaeatioa again, and the House— ^ 
Yeas, 113 ; Nays, 59 — agreed to close the 
debate on the 20th. 

Debate having been closed, the opponents 
of the measure eipected to defeat or crip- 
ple it by moving and taking a vote in Com- 
mittee on various propositions of amend- 
ment, kindred to those moved and rejected 
in the Senate; some of which it was be- 
lieved a majority of the House would not 
choose (or dare) to vote down ; and, though 
tho names of those voting on one side or 
the other in Committee of the "Whole are 
not recorded, yet any proposition moved and 
reject^ there, may be renewed in the Honse 
after taking the bill ont of committee, and is 
DO longer catoff by the Previous Question ; 
as it formerly was. But, when the hour for 
closing debate in Committee had arrived, 
Mr. Alex. H. Stephens moved that the en- 
acting clause of the bill be stricken out ; 
which was carried by a rally of the friends 
of the bill, and of course cat off all amend- 
ments. Ae bill was thus reported to the 
Housewith its head off; when, after a long 
struggle, the House refused to agree to the 
report of the Committee of the WMe — 
Teas (for agredng) 97 ; Nays 117— bring- 
' ing the House to a direct vote on the en- 
grossment of the bill. 

Mr. Richardson now moved an amend- 
ment, which was a substitute for the whole 
bill, being sabstantially the Senate's bill, 
with the clause admitting aliens, who have 
declared their intention to become citizens. 



House sustained— Yeas 116; Nays 90— 
when the House adopted his amendment — 
Yeas 115 ; Nays 9o — and proceeded to en- 
gross the bm— Yeas 112 ; Nays 99— when 
he put on the Previous Question again, and 
passed the bill finally- Yeas 113 ; Nays 
100 — as follows : 



.Google 



THE STKUGGLB FOB SLAVERY RESTRICTION. 



CoNNKCTICDT — Colin M. Jneersoll — 1. 

Vebmont — None. Massachuseits— itfone. 

Hhodi IsLAnn — None. 

Hiw-ToRK-l-homaa W. Cmuming, Prancb 
B. Cntting, Petor Eowe, John J. Tftvlor, Wil- 
liam M. Tweed, Hirani Walbndge. William A. 
Walker, Mike WalEh, Theo. B. Westlirotik— ». 

Pennsi'lvabia— Samnel A. Bridgea, John L. 
Dawson, Tbomaa B. Florence, J. Glancy Jonea, 
William H. Kurti, John McNair, Asa Packer, 
John Robbing, Jr., Christian M.Straub, William 
H. Wtlle, Hendrick B. Wright— 11. 

NEW-jKitaai— Samuel Lilly, George Vail— 9. 

Ohio— David T. Disnev, PrederickTV. Green, 
EdBon B. Olda, Wilson Gannon— 4. 

Imdiasa— John 6. DoTis, Cyrus L. Dunham, 
Nonnon Eddy, Wiliiam H. English, Thomas A. 
Hendricks, James " • — - "--■•- "■"- ' 

Illinois— Jame 
A. Richardson — 3. 

Mi CHiOAJi— Samuel Clark, David Stuart— 2. 

Iowa— Benihart Henn— 1. 

Wisco s am — None. 

California- KUton8.LBthara,J.A.McI^ou- 
gall-^ Total M. 



Dk L AW AR e— George R. Riddle— 1. 

MAnVDABn— William T. Hamilton, Heory 
May, Jacob Shower, Joohna Vansant — 4. 

ViRoiBiA— Thoinas H. Bayly, Thomaa 8. Bo- 
cock, Jcdin 8. Caskle, Henf A. Bdmundaon, 
Cbailei J. Faulkner, Williaui O. Goode, Zode- 
kiah Kidwell, John lietcher, Paultu Powell, 
William Smith, John F. SnodgTaa*— 11. 

HoRTK C A ROE, iBA— William 8. Ashe, Burton 
Cruee, Thinnas L. Cllngman, Jakn Kerr, Thos. 
Baffin, Henry U. Shaw— 6. 

South Caboliwa — William W. Bojco, Pres- 
ton S. Brwika, James L. Orr~3. 

GsoBOii— David J. Boilov, Elijah W. Chaa- 
tmn, Alfred H. Colquitt, Jnnlus Hillyer, David 
A. Kate, Alex. U. Stephens— 6. 

Alabama — James Abercrombic, WiUiamson 
E. W. Cobb, James F. Dowdell, Sampson W. 
Harris, George 8. Houston, Philip Phillips, Wil- 
liam R. SmilE—7. 

HiaaiaBiFPi- William S. Barry, William 
Barksdale, Otbo R. Singleton, Daniel B. Wright 

IjODISIANA — Williaio Dnnbar, Boland Jonos, 
John Perkins, Jr.— 3 

Ken TDCKT— John C. Bieokenridge, Jamea S. 
Chrisman, /zander Jtf. Cox, Clcmeai S. Hill, 
John M, EUiot, Bey^. E. Grey, iViUiam Fret- 



W. 



Eichard H. SlantoD— I 
EBKEBSEE— William M. Charohwi 
Chariet Ready, Samuel 






Frederick P. Stanton, Felix K. Zollicqffer—f,. 

HissauKi- AUred W. Lanib, Javua J. Lind- 
ley, John O. Miller, Mordecai Oliver, John S. 
Phelps-5. 

Arkansas— Alfred B. Greeawood, Edwin A. 
Warren — !i. 

. — Augnstus E. Haxrrell — 1. 



imvel P. Benion, 1 



Nkw-Hampsh IRE —George W. Kittredgft 
George W. Morriaon- 2. 

Massachusetts — Halhaniel P. Banks, Jr.. 
Samuel L. Crocker. AiEX. De Witt , Edward 
Dirkinion, J. Wiicy Edmandi, Thomai D. 
Eliot, Join Z. Goadrieh, Ckarlei W. Vpliam, 
Samuel H. Walley. Tappaa Weat«!ortk—ia. 

Shook lai-ABiJ— Thomas Davia, BemanuQ B. 
Thurston— 3. 

CoBBECTicDT — Nathan Belcher, Jamea T. 
Pratt, Origen 8. Seymonr— 3. 

Vermont — Jarnei Meacham, Alsak Sabin, 
Andrew TracyS. 

New- York— Henry Bemiett, Darii Carwn. 
fer, Gilbert Dean, Caleh Lyon, Reuben E. Fen- 
ton, Thomai 7". Fiap/er, Gfeorge Hastings, Solo- 
mon G. Hasen, Chariea Hnghes, Daniel T. Jonea, 
<Jrtamus B. Malteion, Edv}ia B. Morgan,' 
William Murray, Andrew Oliver, Jared V. Peck, 
Bufua W. Peckham, Bishop Perkioa, Benjamin 



B. Curtis, John Diek, Augustus Diiiin, Willian 
Evfrhart, James Gamble, Oalusha A. Qrow, 
/.«-« E. Hiecter, Thomai JIf, Horn, John Mc- 
CuOach, Ner Middleiwartk David Ritckie, 
Samuel I,. Rasiell, Michael C. Trent— 14. 

Oaio— Edward Ball, Lemi, D. CampbeB, 
Alfred P. Ei^erton, Andrew Ellison, Joshua E. 
OlDDiNGS, Aarm Harlan, John Scott Harri- 
lon, H. H. JohnsOD, William D. landsley, M. H. 
Nicliola, Thomaa Bichey, WUliant E. Sapp, 



Andrew St 
-15. 



okn L. Taylor, E 






ew J. Harlan, Daniel Mace, 

Samvel W. Parker— 3. 

Illibois— J'amei Knoi, Jeise O. Norton, 
Elihu B. Waahbtirne, John Wentworth, iiiiiariJ 
Tales— b. 

MiCHiOAN— David A. Hoble, Heator L. Ste- 

WiscoNBiN— Benjamin C. Easlman, Daniel 
Wells, Jr.- a. 
Iowa- JVowe. CaLiroHNiA— A'om. Total— 91. 



EtHiNiA— John 8. Millson- !. 
RTH Carolina- ificAard C. Purylar, 
H. Rogeri-S. 
„_jiBEsaEE— itaieri Jtf. Bagg, WUtiam Cal- 
lorn, Emeraoa Etheridge, Nathaniel Q. Toy 

IjOVssi i3i— Theodore O. Hvnt—l. 
MiasDDRi— Thmnas H. Benton— I. 
Other Sodthirn States— JVorc. TotBl~9. 

Total, Free and 8Iave States— 100. 

ABSENT, OR NOT VOTING— 21. 

N. Bbglabd STATia— Wffliom Appletoa of 
': Chaie, Jamea Manrioa 



Sev 



—Geo. 



PEBsaii.vABiA— JVww. New-Jehset- JVmMT. 
Ohio— Georee Blia., Motet B. Cormn—2. 
iLiiBoia— Wm. H. Bissell- 1. 
CALiroRNiA — iVone. 
Indiana — Eben M. Chamborliun — 1. 
MiCHIoAN— JVone, Iowa-JoAb P. Cook~-1. 
WiacoNsiN^IobnB.Macy— 1. 

Total from Free States— 9. 

MAKTLiHD^/iUtii if. Fraiiiliit, Attguatnt R 
SoUert—n. 
ViRGiBiA— Fayette MoMullen— I. 
North Carolina — ;fi>Dc. Delawabx -- 



wGoogle 



THE KANSAS-NEBRASKA STRUGGLE. 



80DTH CAROLiSA—Wm. Aiken, LairreDceM. 
Keitt, jobn McQueen— 3. 

Georgia— Wm. B. W. Dont, James L. Sewaid 
—2, 

ALABAMl-itfone. 

Mississippi— Wiley P. Harris— 1, 

Kestucri— Linn Boyd, (Speaker,) Preilet, 

Missouri— Samiie/ Camlheri—i. 
Abkanbas — None. 1'lorid* — None, 
Tkias— JVene. Tennessek- Wdm. 

LOUIJIAHA- iVoM, 

Total from Slave States — 12. 

WUigt IB ItBlin. iboUtionLslB in SHALL CiPlTAL*. 

JMiiy 23d.— The bill being thus sent to 
the Secale (not as & Senate bat as a House 
bill) , was sent at once to the Committee of 
the Whole, and there brieSy coosidered 

May 2itk. — Mr. Pearce of Md. moved to 
strike out the clause in aec. 5 which ex- 
tends the right of euOrage to 
"those who shall have declared on oath their 
le such, [eitiiens] 
b to support the C 



Negatived — Yeas; Bajard, Bell, Brod- 

bead, Browa, Clay tou, Pearce, and Thomp- 
BOD of Ky Naja 41. 

The bill was then ordered to be engrossed 
for a third reading — Teas 35 j Nays 13, as 
follows : 

YEAS — For Engrossing: 
MeMia. Atobison, Mo. Msjion, Va. 

Badger, N. C. Morton, Fla. 

Bemamin, La. NorriB, N. H. 

Brodhesd, Pa. Pearce, Md. 

Brown, Miss. Fcttit, lud. 

Butler, B.C. Pro«, Md. 

Cass, Mich. Siisk, Teiati, 

Clay, Ala. Sebastian, Ark. 

Daaion, Qs. Shields, [IL 

Vaaelas, IlL Slidell, La. 

Fitzpatrick, Ala. SOtart Mie-h. 

Owin, CaL Thompson Sv. 

Hunter, Va. Thomson, il. J. 

Johnson, Ark. Tuombs, Ga. 

Jones, Iowa, Toocey, Ct. 

Jews, Tenn. Wcllei, Cal. 

HaUory, Via. WUliams, N. H. 

Wrigbl, N. J,-35. 

NAYS — Against Engrossing ; 

Hessn. AUen, R. L Gillette, Ct. 

Bell, Tenn. . Hamlin Me. 

Chase, Ohio, James, R. L 

Clavlon, Del tieward, N. T. 

Fiih, S. X. SuHNER, Mass. 

Fool, Vt Wade, Obio, 

Walker, Wise .—13. 

KemocntimaorainiWhigiminUiM; Free Demo- 

The bill was then passed without further 
division, and, being approved by the Presi- 
dent, bMame a law. lis provisions are as 
follows : 



Be it eTiacted by the . 
reientativea of the United Slates of 
Congress assembled : That all that part of the 



Territory of the United Stales induded wiam the 



tions irf this — ., .. _., „ , 

Iho MiHSOuri river where the fortieth pRialld of 
north latitude CTOBsea the same ; theneo west on 
said naraJleltothe oast bonndary of the Territory 
of Utah on the sumiDit of the Kocky Mountains ; 
thence on said summit northward to the forty- 
ninth paraUel of north latitude; thence east on 
said parallel to the western boundary of tlie Ter- 
ritory of Minnesota; thence southward oa said 
■-lundarytotheMisBouriiiveri theneo down the 
ain chBonel [^ said river to the plaeo of begin- 
Dg, be, and the same is hereby created iQto a 
mporary government by the name of the Terri- 
tory of Nebraska ; and when admitted as a State 
or States, the said Territory, or any portion of the 
, shall be reoeived into Iho Union mth or 
without Slavery, as (h ' 



vided, 
itcd 



iribe at the time of their admission ; Pi 
That nollui« in thia act contained shall 
■uedto mhibit the government of the Uni 
ites from dividing mid Territory into twt ... 
ire territoriea, in such manner and at such timea 
~ Coi^frcM duijl dean convenient and proper, or 
from Bttaohing «dt portion of said Territory to 
any other Stale or 'FcfritDi7 of the United Slates : 
Fratided flirthn. That nibbing in this act con- 
tained ahall be construed to impair the rights of 
perwm or pnoerty now pertainmg to the Indiana 
m said Teniiory, M) long aa inch rights shaJl re- 
lin nneitiiignudied by treaty between the Uui- 
t States ^d snch Indians, or to include an; 
TriltH7 which, by treaty with any Indian tnbe, 
not, without the consent of said tribe, tobein- 
ided within the territorial innits or jurisdiction 
anv State or Territo^ ; but all such Territory 

no part of the Terriloiy of Nebraska, until 

ibe shall sianiiy thdr assent to the Preai- 

-•■ ^ "--i tu be mcluded within 

affect the 

.^ the United 8tttt«8 

make any i^nlations reapectiug suob Im^ans, 
their Undi, property, 0- -'*■"■ --'••- i— <— -■" 
law, or otherwise, — "■' 
competent to tJie g< 
had never nasaed. 

Rrr. 1. Thnt the einnntive power and authoTi- 
itory of Nebraska shall 
who ohall hold his oSlcO 
for four years, and until his successor shall be 
appointed and qualified, unless sooner removed 
by tbo Presidcut of the United States. The gov- 
ernor shall reside within said Tertitory, and shall 
becommandet-in chief of the militia Oiereof. He 
may grant pardons and respites for off«ises 
Bgmnst the laws of said Territory, and reprieves 
for offiensea against the laws of the United States, 
nntJ] the deumon of the Precident can he made 
known thereon ', he shall eommisslon all officers 
who shall be appointed to office onder the lawB 
>f the eud Territory, and shall take care that the 



dent of the United States tu be 
the said Tcnitory of Nebraska, or 
anthority otthen>v« • -'"■" 









faidil'ully eioeutAd. 
6ec. 3. That there shall be 
Territory, wh 

office for five j—.o, u"..~ ...,„„„ ~j 

tho President of the United Slates; he shall re- 
cord and preserve all the laws and proceediuga 
of tho leeislalive assembly hcreinafler constitut. 
ed, and all ^0 acts and proceedings of the govern- 
or in his executive department ; he ehall trans. 
mit one copy of the lavs and ioumala of the le- 
gislative assembly, within thirty days afler tho 
end of each session, and one copy of the execu- 
tive proceedings and official oorreapondenoe 
semi-annually on the first days of January and 
July in each year, to the Tresident of the United 
States, and two copies of the laws to the Prerf- 
dent of the Senate and to the Speaker of the 



wGoogle 



THE STRUGGLE FOK SLAVERY BESTKICTION. 



House of EepreBOntativea, to be depoated in tht 
libraries of CoagreEB ; and, in ca»e of the death, 
removal, resignation, or absence of the governoi 
from the Territory, the secretary shall be, and ht 
a hereby authorized and required f o oiecnte and 

Serf orm all the powers and duties of thegOTemoi 
aring aach TlLuancy or Hbaence, or unlilanothei 
gOTomor shall be duly appointed and qualified to 
ail such vaonncy. 

le legislative ppwerandauthori- 

7shBllbB vested in thef"~ 

- Be»enibly. The le^eii ... _ . 

eombly shall coneist of s coancil and house r 
reprosentatives. The ooancil shall eonsist i 
"■■-■-'n members, having the quallfieiitioos • 



__ . _, — ers, poBaeasing Iha 

qualifications as prescribed for members c 
coancil, and wh<ee tenn of service shall ooav^»^ 
one yeer. The number of repreaeutativea may 
be increased by the legislative assembly, ft 
tivDH to time, iu propanion to the increase 

rilifled voters ; Providrd, That the whole ni 
shall never exceed tbirty-olne ( an apporti 
ment sball be made as nearly equal as practi 
ble, unong the several counties or districts, for 
the election of the coun<rfI and representatives, 
giving to each aeotion of the territOTy representa- 
Uon iu the ratio of its qualified volcra as nearly 
Bsmaybo. Aadtho meinbers of the council and 
of the houae of representalivea shall reside ii 
be inhabitanta of, the district or county, on 
tics, for which thev maybe elected, respectively, 
previous to the first election, the governor ahill 

and qualified voters of the several counties and 
districts of the lerritory, to ba taken by such 

CBous ajid in such mode as the governor shall 
igUEte and appoint ; and the parsons so ap- 
pointed shall receive a. reasonable compensation 
therefor. And the first election shall be held at 
such times, and places, and be conducted in 
such manner, both as to the persons wbo shall 
superintend such election, and the returns [here- 
of, as Iho governor sball appoint and direct : and 
he shall at the same time declare the number of 
members of the oonncil and house of repreaenta^ 
tires to which each of the counties or districts 
shall be entitled under this act. The persona 
liaTiog the hiehest number of li^al votes in each 
ot said coancu districts for members of the coun- 
cil,, shall he declared by tbe govranor to be duly 
elected to the council ; and uie persons having 
the highest number of legal votes for the bouse 
of repreaentaUves, shall be declared by the 
governor to ho duly elected members of 
said houae; ProBided, Thai in case two or 
more persons voted for shall have an equal 
number of vot*s, and in case a. vacancy 
shall otherwise occur iu either branch of the 
legialative assembly, the governor ahall order a 
new elffltlon ; and the persons thus elected Jo the 
legislative assembly shall meet at such placeand 
ou such day as the govemoc shall appoint ; but 
tiiereafler, the time, place, and manner of holding 
and conducting all elections by the people, and 
the apportioning the representation m the 
ie.veraf counties or districta twthe council and 
houae of repreaenlatives, according to the num- 
■ber of qna^fied voters, shall be prescribed by 
law, as ivell- as the day of the commencement of 
.■^e regular sessions of the legislative assembly : 
PromSed, That no sesdon in any one year shall 
exceed the term of forty days, except the first 
■easion, which may continue sixty days. 

Sec. 5. That every free white male inhabitant 
above the age of twenty-one yeara, who shall bo 
on actual resident of said lerritory, and shall 
pouess the qualifications heieinallcr prescribed. 



riforyi hut the qnalifiealioi . ._ , __.. ._ 

holding oEBce, at all aubaeqnent elections, shall 
bo such as shall he prescribed by the li^islalivo 
asEembly : Provided, That the right of suffrage 
and of holding oESco shall be exorcised only by 
citiiena of the United States aud thoeo nho shall 
have declared on oath th^ intention Co become 
such, and ahall have iaken an oath to support 
the Constitution of the United Slates and the 
m^visions of this act: And proeided further, 
That no otBoer, soldier, seaman, or marine, or 
other person in the army or navy of the Unit ed 
Stales, or attached to troops in the service of the 
United States, shall be allowed to vote or hold 
office in said iBrritoiy, by reason of bang on 
service therein. 
Sec. 6. Thai the legislative power of the lerri- 
' " ' »dl rightful subjects of le^ 

iaw shal'l be passeil int«rferJng'with Ihe' pri- 
lary disposal oi^the soil ; no tax shall bo imposed 
upon tbe property of the United States; nor shall 
the lands or other property of non-residents be 
taxed higher than the tends or other property of 
residents. Evei^ biU which shall have passed 
the council and house of reiireaeutatjves of the 
said lerritory, shall, before It become a law, be 
presented to the governor of the territory ; if he 
approve, lie shall sign it; bnt if not. he shall re- 
turn it with his olgections, to the house in which 
it oH^nated, wijo shall enter the objections at 
large on their journal, and proceed to reconsider 
it. If, after such reconsideration, two-thirds of 
th^ house shall eeree to pass the bill, it shall be 
sent, togethei' with the objections to the other 
house, by which if shall likewise bo reconadered, 
and if approved by two-thirds of that houae, it 
shall become a law. But in all such cases the 
votes of both houses shall be determined by yeas 
and nays, to be entered on the jonmal of each 
house reepcetiveiy. If any bdl shall not be ra- 
tunied by the governor, within three days (Sun- 
days excepted) etter it shall have been presented 
to him, the same shall be a lawin lite manner as 
if he had rigned it, unless the agaembly, by ad- 
journment, prevent its relnrn, in which ease it 
-■--■! not be a law. 
;c, 7. That 

ippointed or elected, a . . _,,._ 

L manner as shall be provided by the gov- 
ernor and ie^lative assembly of the Territory 
of Nebraska. The governor shall nominate, and, 
by and with the advice and consent of the legis- 
lative council, appoint all oflluers not herem 
otherwise provided for ; and in the first instaneo 
thegovernor alone may appoint all said officers, 
who shall hold their offices until the end of the 
first session of the legislative asseicblyi and shell 

other officers. 

That no member of the legislative aa- 
semhly shall hold, or be appointed to, any office 
-■hich shall have been created, or the salary or 
r emoluments ofwhichshailhavc been increased, 
■bile he was a member, during the term tor 
■hich he waa elected, and ■for one year after the 
xpiration of such term: but this restriction shall 
- - be applicable lo members ol the first legisla- 



oept postmasters, shall be a member of the le™- 
Intiiro aasembly. or shall hold any office under 
ivernment of s^d territory* 
.9, Thatthojudicialpowerofaaid Territo- 
ry shall be vested in a supremo court, district 
- -Is, pi-obate courts, and in justices of the 



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THE KANSAS-NBSRASKA STRUGGLE. 



pesoe. The auprome court shall coDsist of 
chief justice and two nBBOoiatojUBtieea, anj In 
of wbom shall eonaUtute a quorum, and wl 
ehaU hold a teroi at the seat of ^ovemmont t 
eald TBiritoiy ajmaahj, and they shall hold ttieir 
offices during the period of four years, and until 
their Buccessors Aoll be appointed and onalifiod. 
The saidTBiTitory shall be *vided into three in. 
cinl diatricta, and a district eottrt shall be held 
each of said districts by one off he justices of tbe 
supreme ooarf , at sucn times and places as may 
be prescribed by law ! and be saidjudgos shall. 

_,,... ... T.. f ...... .. ipectiFely, reside in 

aaigned them. The 
ju..ouiiiijuiiui uro oo.raa. tiniTts herein prori-'--' 
fort both appelate andori^al, and thatof ___ 

{robate courts and of juBtlces of the peaoe, shall 
eaaUmitedbylaw: Prosidei, Thatinstioeaof 
the peace shall nut have jurisdiction of any mat- 
ter m contTDvetsy when tbe title or bouudaries 
of land may ba in dispute, or whore the debt or 
sum claimed shall exceed one htmdiod dollars ; 
and the sud supreme and district courts, re- 
spectively, shall possess chancery as w^ as com- 
mon law juristUotion. Each district court, or Uie 
judge thereof, shall appoint its clerk, who eheH 
also be the reeiBter in 5:hanoery, and shall keep 
his office at the place where the court may be 
held. Writs of error, bilk of eioeptton, and ap- 
peals ehsll be allowed in all oases from the fiaal 
decision of said district courts to the supreme 
court, under such regulations as nmy be pre- 
scribed by law ; hut in no case removed to the 
supreme court shall trial by jury be allowed in 
said cotirt. The supreme court, or thejustj-- 
thereof, shall appoint its own clerk, and ev 
clerk shall hold his office at the pleasure of 
court for which hu shall havo beeu appoini 
Writs of error, and appeals &cnnthe fiusl deoit 
of said supremecourt, shall be allowed, and n. ^ 
he taken to the supreme court of the United 
States, in the same voamier and under the same re- 
gulations as trom the circuit courts of the United 
iStates, where the value of the property, or the 

oath or affirmation ofeither party, or other or— 

etent witness, shall exceed one thousand i 
s ; except oiily Ihat in all cases involving title 
to slaveH, the said writs of error or appeals "■--" 
be allowed and decided by the said supi 
court, without regard to the value of the mi 

property, or titlem controversy ; and escept 

that a writ of error or appeal shall also bo allowed 

to the supreme court of the United Stales, fr 

the decisions of the said supr 

by tbia act, or of any judge th( 

tmct oourta created by this ac 

thereof, upon any writ of habt__ . — . . 

ing the Qoeation of personal &e«durfi ; Provided, 

rm... noSiingheran contBinod-''-" >— ""■."'—- >J 



crested 

', or of the die- 



to apply W 
respecting fii 



"^- ■ 5S froH 



justi 



--r._ . . 16 Borvioe of their masters," ap- 
provS February twelfth, seventeen handled acd 
nmety-tbree, and the " act to amend Uid supple- 
mentary to the aforesaid act," approved Septem- 
ber eighteenth, eighteen hundredandfifly! and 
each of the Bwd diatrict courts Shall have and ex- 
er^Msethe same jurisdiction in all cuaes oriaii^ 
under the Constitution and laws of the United 
States, as is vested in the circuit and district 
courts of the United States ; and the said supreme 
and district courts of the smd Territory, and the 
respective judges thereof, shall and may grant 
writa of habeas corpus in all cases in which the 
Game are granted by the judges of the United 
States m the District of Columbia ; and the flrat 
ail days of every term of said courts, or so much 
thereof us shall be necessary, shall he appropriat- 



afdVcn-i 



orv, tho BBi 
: shall rocei 
lich the cler 



■roved February twelve, i 



' approv^ Septem- 

.. _„_._..,..„ . idandhtty,b£ " ' 

the saine are hereby, declared to extend to, .. ._ 
be in full force wiQim, the limits of said Territory 
of Nebraska. 

Sec- II- That there shall be appointed an at- 
torney (br said Territory, who shall oontmno in 
office for four yean, and nnti] his successor shall 
be appointed and qualified, ualess sooDcr re- 
moved by the President, and who sfaall receive 
the same tbea and salary at the attorney of the 
United States f« the present Territory of Utah. 
There isbeH alee be a marshal for the Territory 
ippointed, who at--" '•■'-' '■■- '""— •■"' '-- 






itil bw SD 



lud qualiQed, tmjess sc 



irshsll b 



for four 
linted 



id by tt 



iPr«. 



n the said courts w 



suliiect to the Same regulatioDS and pennltiee, 
and be entitled to the same fees as tile marshal of 
the dislrict court of the United Slates for the 
orient Territory of UtoJi, and shall. Id addition, 
be paid two hundred dollars. auDually aa a com- 
pensation fbr eitra nervices. 

Sec. 13- That the governor, secretary, chief 
justice, and associate justices, atromey and mw- 
Bhal. shall be nominated, and, by and with tho 
advice and consent of tho Senate, appointed by 
the President of tha United States. The govern- 
or and secrotary to bo appointed aa atorosiud, 
shall, before they act as Buch, respevtivsty take 
an oath or affirmation by the laws now in fwce 
Ihwein, or before the chief justice or some asso- 
ciate justioe of the Supreme Court of the United 
States, to support (he Constitution of the United 
Stales, and faithfully to dischai^ the dntiee of 
their respective offices, which said oaths, when 
so taken, shall bo certified by the person br 
whom tlie same shall have been taken ; andsuch 
eertifieates shall be received and recorded b/ the 
said tuedlaty among the esecutiv© proceediuga -. 
and the chief justice and associate justices, and 
ailotherolvil officers in said Territory, before 
they act as such, eh^l take a like oath or affirm- 
**■-". beftiro the Bald governor or secretary, or 
I judge oriuBticeoflhe peace of the terriioir 

■-) duly commissioned and qualified, 

■rtified 



who may t» duly commissioned and qualified 
iheald oalh or affirmation shall be certified 
tranamittfld by the person taking the same to 
secretary, to be by him recorded as "fore 

leif by 



and at^erwards Che likf 

tion shall be taken, certified, and n 

such, manner and form as maj be pri 

law. The goveruor shall receive an i 

— if two thousand five hundred doliara. Tho 
tf justice and associate justices Bhall recavo 
mnual salary of two thousand dollars. Tho 
secretary shall receive an annual salary of 
'~~:i thousand dollars. The said salaries shall 
paid quarter-yearly, from the dates of the re- 
spective apptuntments. at the Treasury of tha 
United States ; but no such paymest shall be 
nude until said officers shall have entered upoa 
he duties of their resneclive appoinlmonts. The 
neinbers of the l^islative assembly shall be 
^nlitled to receive three dollars et ' 
■iiig their ntlendance 



^ dollars each per day dn' 
it the sessions therool^ and 



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THE STRUGGLE FOB SLA VERT EESTHICTION. 



three dollars each far evenr tventy milea' travel 
hi poii^ lo, and rBlnrnimffrom, the aiud senskiDs, 
CBbmatcd accordiDg to tbo aeareet usually-ln 
«led route: andanaddilionBlallowBDcoofUu 
doilars (hall bo pud to the preaiding ofiBcer 
each bouse for each dayfao shall eo preside. A 
k chief clerk, one assiataot clerk, a eergeant 
arms, and door keeper may be choaen for ee 
house i and the chief clerk shall receive four d 
lara per day, and the «aid other oScora three d 
lara per day, during Ibe Bessioa of the legislate 
aaaetnbly ; but no other officer shall be paid by 
the Dnited Stales ; Prmided, That there eha« i- 
bot one aeasiou of the legielatnre annnsliy. oi 
loM, on an exlraordinary occasion, tbesoveme 
'rtiall think profer to oaU thek«ielBture t»eibe 
There sh^llie ippnipristed, anuaally, tfae naui 
»nm,lo be espied 1>y the governor (o defray 
(be coQlincout eipenBea of the territory, inelnd- 
ine the aalary of a oterk of the eieontive depmt- 
meut J and there shall aleo be appropriated annu- 
ally, n sufflcienl aum, to be eipoiidod by the 
ieoretary ofthe Territory, aud npou aa estimate to 
he made by the aecretary of the Treaanry of ttie 
United States, to defray the eipeosea of the legie- 
tanve assembly, the printing of the lam, — • 
odwr mcideQlal expenses ; and th< 
•eoretary of the Terrilwy shnil, 

went ef aJI moneys intrusted to I 

•^•^ely by the imrtruotiona of the aecrriary 



le govenior and 
in the diebnnw- 



UieTreaanryefthe United Statea, imd aball, aemi- 
■nnoally, account tc the Hud aeeretary for the 
maniMr In which the irforeBaid moueya ihajl have 
been expended! and no expenditore sball be 
BHKle by aaid l»iilaliTe membly SOr obieots net 
■fwmally antbniied by the aete ef Crauress 
Making the aperopriatkiDS, nor beyond the aums 
tans apjHwpriated lor tmek olaeets. 

Bic. la Ihat the Wiiladve auembly of the 
Tsnitory of HelHiUka aWl bold its £rst aes^OD 
at BBoh Ume and jUm in nid Territon as the 
f«rarDortberMfih«U(9praDtasddir(et^ and at 
Hia flnt •esMOO, or at (oon thereafter aa they 
mM dwoi B^ediant, the governor and legists- 
Un uaembly ahall ^vceed (o locate and estab- 
nah the Beat of Koventntent fw aaid Territory st 
audi place oa Uiey may deem eligible ; whic) 
gaoe, however, sball thereafl™ be suWoct to b. 
rauinged by (he a^d govtBTior and legislative aa 

Sbc. 14. That a delegate to the Bonu of Bep 
naentMivea of tfae United Btotea, to serve for tb< 
tMn of twe yean, who tbaa be ■ eitiieii of thi 

fiadtodeot ugBiberaaftl^IeaWtiTffHmbly. 
who dud be MitUlad to1b««Hw ri^ta and prWi' 
lagMaaaroeHreiaMlandeqkTedbythedet^iuea 
fivm the aevravl other temloiiu of the United 

States to tties^d House ofBeiH'eaentBtivea; but 
«ie del»ate fiEat elected shall hold his seat only 
<buing the terro of the Cougreas to wbiefa he ahall 
be electod. The first ekotion shall be held at 
■uefa time and placee, nnd be condueted in snob 
•anner, oa the governor sball appoint and di- 
asot { and at all subsequent eleotions, tbo times, 
■dooet, and manner of haldiDg the elections riMll 
W prewribod by law. The pwson having the 
graoteetiiamberot votes shalll>e declared by the 
ttovemor to be duly elected, and a certificate 
ttereof shall bo given accordingly. That the 
Oons^tntion and aJl the laws of the United 



een hundred andfifty.nommonly called theCom- 
promiseMeasnres, la hereby deelared inoperative 
and void; it being the true intent and meanme 
of this aot not to kgislate Slavery into any Tor. 



and reflate their domestic inetUniic 
own way, suta'ect only to the Constiti 
United litatBB :pTiniided, That notl 



ing h 



contained shall b*. 01 _. „ 

force any law or regnlation which may have ei- 
Hled iwior lo the act of sixth of Uareb, eighteen 
hundred and twenty, either protecting, estahlish- 
ing, probibiling or abcJishing, Slavery. 

Sec. 15. That there shall bereafler bo appro- 
priated, OS has been otistwnary for the territorial 
govemmeols, a suffioitnt amount, to be expended 
under the diceoiion oftiiesmd governor of tha 
Twritoryof Neliraska, not Mceeding the suma 
heretofore appropriated for similar Agecta, for 
_ _, __■..,.. , ^^^^ 

>eof a 



lUirory to be kept at the se^ of goVernment for 
the use rf the govottor, legiilativs assembly, 

judma ofthe ' * ' ■ 

and alto — 



have the i 

Terriloty of Hebtaska as elsewhere "withii 
*h-. ii„.,.j H...„. —cepf the dghth 



. autes, 

ofthe act preparatory to "the admission of Mis 

; ;-._ ..._ .. ■. ^^ approved March sixth 

'hieb being Id 



eighteen hundred and ti 



irt, seraetory, marshe 
ey of said traritery, and soch other 
perscoa, and ander anoh rcgnlotions oa ahall be 
preeoribed by law. 

Sic. 1G. That when the hinda hi the said ter- 
ritory shall be surveyed under tbe direction of 
ttie government of the United States, preparo- 
tory to bringing same into mu-ket, sections num- 
bered aixteen nod thirty-six, in each township in 
said tdritory, sball be, and tbe same are hereby, 
reserved f« tha purpose uT being uiplied to 
schaols in said teritory, and in the atalee and Ter- 
ritories hereafter to tie weeted oat ot ibe same. 

Sic. IT. niat.mitilotiiwiseprovidedbylaw, 
tbe gesenai «( nU Tenitcr; may deHne the 
judicial <Qeliiet( of said Teirit^, and assign the 
judges irtio may be B|q>i»nted lor aud Territory 
ta the scverol distriots ; and also appoint the 
tiroes and places lor boUing oonrts in the several 
counties or sabdiTisions in each of sud juiiioial 
distnela by proclamation, to be issued by him; 
but the legislative assembly, at their first, or any 
SBbsequent session, may orgnniie, alter, or modi- 
fy such judicial dialriola, and assign the iadges, 
and aller Ihe timee and places of hotduig tiie 
courts, OS to them ihaU seem proper end con- 

8ic. is. That all officers to be appointed by 
flie Piendent, by and with the advice and censenl 
of the Senate, to the Twritwy of NelHBska,who, 
by virtue of the provisions of toy law now exlst- 
uig, csr wbiidi may be enacted during the present 
OoogtesB, ore required to givesecnrily for moneys 
that ouy be intmMed with tiiem for disburse- 
ments, shall give audi security, at such time and 
place, and in such manner as the Secretary of the 
i reasuiy may prescribe. 

Sue. fa. "riiat oU that port of the territory of 
the United Stales included witiiin the fitllowhig 
limits, except such portiona tbeieof as an bere- 
iDoflM enceeslT eiaiwted from the uMraiious 
of lids aef, to wit: be^niung at a point on the 
wastsm boumdoiy of the State of Hiseouri, where 
Ihe thhly^eveBlfc parallelof niwth latitude orossca 
the same ; thMice weal on said parallel to tha 
eofllem boundary of New-Mexico ; ti»ence north 
on said boundaiy to latitude Ihirty-fflght; thence 
following said boundary westward to the east 
boondaiy of the Territory of Utah, on the summit 
of tbe Kooky Mountaina ; thence northward on 
__.j z^ .. ^j^ ibrtiBih poroUel ot latiludo; 

laid parallel to the western bound- 
ary of the State of Missouri ; thence aoulh with 
the nostem boundary of said Stale to the place 
of begmning, be, and the sante is hereby, created 
mto a teu^fflrgy government by the ntune af the 
TerrU9ry of Kansas i and when adnulted aa a 



.Google 



THE KANSAS-NEBBASKA STRUGGLE. 



SUte or States, the said Territory, or any [kpt- 
lion of tbe eame, sliall be received into the Union 
witli or without Slavery, ob their Cumtilulion 
may prescribe at the time of their admission: 
Provided, That nothing in this act contained 
ttuiB bo construed to inhibit the Government of 
the Daited Sates from dividing said Territory 

s BhaU dr 

Territory to any other Slate" or Territtwy of the 
United Statee: Provided furtha; That nothing 
in this act cont^ned shall be >o cougtmed as to 
impair the rights of pereon or woperty now per- 

aa BU^ rights Bhall remain nnoittaguisfaed by 
treaty between the United Stntea and such Indians, 
or to include any territory whicdi, by treaty with 
any Indian tribe, is not, without the coneent of 
said liribo, to be included within the territorial 
lunitB or jufiediclion of any Stale or Territory ; 
but all such territory shall be eiceptedoutof the 
bonnduies, and coBstitate no part <^ the Terri- 
tory of Kansas, until raid tribe ahall signify their 
aeeent lo Ibe Pi«udent of (hs United States to be 
included within the s^d Tenitory of KonsaB, or 
to affect the anthority of the Government of the 
United Stales to make any regulation respecting 
such ladiuis,thmr1ands,prap^y, or other rights, 
by treaty, law, or otiierWise,iriiidi it wodM Save 
been competent to the Ooverament lo make if 
this act had never pSBsed. 

(The neit BBventeen seotions mbBlantiBlly te- 
peat the foregoing, save that their provisions 
apply lo Kansas instead of Nebraska. The final 
eeetion refers to both Territories, as follows :] 



the Ooveinment of the Doited States w 
Indian tribes iidiabitinff the terrlloriet emtirsced 
within thU act, shall be lUthfiiUy Slid rigidly 
observed, nolwUhKuidlilg anything contained in 
this act ; and that the existing ageDcioa and bu- 

Eintendencles of s^ Indiana be continued with 
snine powers and duties which are now pro- 
scribed by law, eicept tbal the President of the 
United States may, at bis discretion, change the 
location of the office of superintendents 

No action of any moment with regard to 
Slavery in the Territories was taken in 
either House at the Second (short) Session 
of this Congress. 



The Btmggle respecting Slavery in 
Kansas which followea the organizatioD of 
thot Terriiflry, nnder the Proviatons of the 
act just recited, is yet too recent and incom- 
plete to justify an attempt to write its his- 
tory. All that can be prudently done as 
yet, is to collect and arraiige the most im- 
portant documents in which its incidenta 
are dettuled, and its principles discussed, and 
this we now proceed to do, without attempt' 
ing to reconcile the gloomy discrepancies 
between the statements submitted on the 
one aide and on the other, respectively. 
Though it wili not be possible in this 
course to avoid repeated statements of the 
same fact, and an occasional devotion of 
audoe space to a point undeserving of such 



daborate treatment, yet, the measuraUe 
authenticity of statement, thos secured, and 
the l^ht oast on the general thenie by the 
conflicting views thus presented, serve to 
give this the preference over any othw 
mode of narrating so nearly cotemporaneous 
with their chronicle as these. We proceed, 
then, with our record, which must hence- 
forth consist tnaiuly of public docomeDts, 
submitted to the current Congress, connect 
ed by the merest thread of narrative. 

Dec. 3rd, 1855.— The XXXIVth Con- 
gress convened at the Ci^ital, in Washings 
ton, — Jesse D. Brighl of Ind. holding over 
as President pro tempore at tbe Senate, la 
place of Vice-President WUliam B. King 
of Alabama, deceased. A quonnn of 
either House was found to be present. 

But tiie House found itself unable to ot- 
ganize by the choice of a Speaker, until alter 
an unprecedented straggle of nine weeks' 
doratiin. Fioatly, OQ Saturday, Feb. 20th, 
1856, the plurality'rule waa adopted — Teas 
L13 ; Nays 104 — and the House proceeded 
under it to its one kundred and thirty-third 
ballot for speaker, when Nathaniel P. 
Banks, Jr., (anti-Nebraska) of Hassachu- 
seCs, was chosen, having 103 votes to 100, 
for William Aiken of Sonth Carolina. 
Eleven votes scattered on other persons did 
not count against a choice. It was there- 
fore resolved — Yeas 155 ; Nays 40 — that 
Mr. Banks was duly elected Speaker, 

But, during the pendency of this election, 
the President had transmitted to both 
Houses, first (Dec. Sl'st) his Annual Mes- 
sage, and neit (Jan. 24th) a special roes- 
s^ with r^ardlo the condition of Kuisas, 
which is as follows : 

USSBAGB OP THE FKESIDBHT. 

WasbinqtoH, Jan. 04, IS56. 
To the Senate and House of Sepreseatalivei .- 

Cireumstances have occurred to distaib the 
conrso of eovemmental oreanization in the Ter- 
ritory of Kansas, and produce there a condition 

eall your attention to the sulgect, uidiu'gwilly 
reeommeDd the adoption by you of such meOHurea 
of le([lBlatiun as the grave eiigenciea of 1^ case 
appear to require. 

A brief eipoeition of the circarnstsncee reAr- 
red to, and m their causes, will be neceesary lo 
tbe full onderstanding of the reoommendation* 
which it is proposed lo submit 

The act to organize the Territories of Nebras- 
ka and KoDBOS was a manifeetation of tbe l^ps- 
lative opinion of Congrees on two ^reat pomla 
ofcocatitutional construction: One thnt the de- 
signation of the boundaries of a new Territory, 
and provision for its poUtieaJ ■—'- ■" 



I Territory, i 



a of a 



or thems^ve 



State, are entitled, 
self- Bovommont, lo determi 
what shaU be Uieir own domeetic institunons, 
subject only lo the Constitution aad the Inns duly 
enaeted by Congress under it, and to the power 
of the a:ti sting States to decide, according to tha 



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THE STEUGGLB FOR SLAVKRT EESTIiICTION. 



provisions and principlea of the ConetituUoQ, i 
what time theT"onitocr shall be received as 
8t*lo into the Union. Such arc the great polil 
eal righte which are aolenmi y declared and afBrii 
ed liy that act. 

Based upon this theory, the act of Congress 
defined for each Territon' the ontlines of repub- 
lican governmont, distributing public oufhority 
among the lawfally created agents— esecutive, 
judicial and logialative— to ho appointed either 
by the General GoTcmuient or by the Territory. 
The legislative functions were intrusted to a 
Council and a Honso of Hepresentativea, dnly 
eleotsd and empowered iu enact all the IocbI laws 
which they might deem essential to thar pros- 
perity, happiness and good eOTCmment Aoting 
ID the same spuit, Congress also defined the per- 
sons who were in the first instance to be con- 
sidered as the people of each Tamtory j enact- 
ing that every free white male inhabilaat of the 
same above the age of twonty-one years, being 
an actual resident thereof, and possoaaing the 
Unalificatons hereafter described, should be en- 
ntled to vole at the first election, and be eligible 
to any office within the Territory; butUiattiie 
lualificatioiiB of voters and holdup office at all 



sabsequent election] 
preecnbed by the I> 



irescribed by the Legislative Assembly: Ptovi- 
ikd, kowarer. That the right of safirage and of 
bolmng office should be eiercised only by citi- 
zens of the United States, aqd those who should 
have declared on oath their intention to become 
such, and bave taken an oatb to support the 
ConetitQtion of the United States and the previ- 
woniiofUieact; Andprin/ided,fartAer,1h^oo 

ivy of the United States, or 
. ,. ._ their service, should be al- 
lowed to vote or hold officein either Territory by 
reason of being on service therein. 

Such of the pablio officertfof the Territories as, 
by the provisions of the act, were to be appoint- 
ed by the General Government, inclndmg tbe 
Governors, were appointed and commisaiened in 
due seaaoQ — the 1b» having been enacted on the 
30lh of May, 18M, and the commission of the 
Governor of the Territory of Nebraska bang 
dattd on the Sufi day of Auguaf, 1854, and of 
the Territories of Kansas on the 29th day of 
Juno, 1854 



quired Co cause a cenEDS or epumeration of the 
ujbabitauCe and ([nalified voters of the several 
counties and districts of the Territory to be taken, 
by euch poisons and in such mode as he might 
designate and appoint ; to appoint and direct tbe 
time and places of holding the first elections, and 
the manner of oooducting them, both as to the 
persona to superinteudeuch elections, and tbe re- 
tnms thereof ; todeclarethenDmberof themem- 
hersof the Council and House of Kepresentatives 
for each connty or district ; to declare what per- 
sons migbt appear to be duly eleotedi and to 
appoint the time and place of the first meeting of 



Nebraska. 



e devolved on the Goveri 



_ While, by this act. the p 



same, and the details of organic l^isiation re- 
garding both were as nearly as could be identical, 
and while the Territory of Nebraska was tran- 
ssfuily organized in the due 
[1 its first Legislative Assembly 
if Jsnuarv, IB55, the orgariiza- 
raa loDjj delayed, and has been 



on Ihe 16th of J 



admmistration, and partly of the unjuatifiable 
interference of the inhabitants of some of the 
' States, foreign by residence, intoresta. and rishts 
to the Territory. ' *■ 

The Governor of the Territory of Kansas, com- 
misaiened, as before stated, on the 2Hth of June, 
1854, did not reach the designated seat of his 
government nnfil the 7th of the eneuing October, 
and even then failed to make the first step in its 
legal organizatioti— that of ordering the eenaoa 
or enumeration of its inhatiitante— until so lata 
a day that the election of the members of the 
Legislative Assembly did not take place antil 
the 30lh of March, lS55, nor its meeting nntii the 
ad of July, 1855; so that, for a year after the 
Territory was constituted by the act of Congress, 
and the officers to be appointed b_y the Federal 

tuXSf^^^v, 

d public 

In other respecfSj the Governor, instead of ex- 
erciang conetant vigilance and pnttmg forth all 
his energies to prevent or counteract t£e tenden- 
cies tu illegality which are prone to exist in all 
impfflfectly-organized and Dewly-aseociated eom- 
muniUes. allowed his attentioa to be diverted 
from official obligation by other objects, and 
himself set an eiample of the violation of law in 
the performance or acts which rendered it my 
duty, in the sequel, to remove him from the office 
ofchiefeiecutive magistrate of the Territory. 

Befbre the requisite preparation was acc-jni' 
plished for election of a Terrilorid Legialntam, 
an election of delegate to Congress had been held 
in the Territory on the SBth day of November, 
1854, and the delegate lank his seat in the House 
ofRepresentalives without challenge. If arrange- 
menta bad been perfected by the Governor so 
that the election for members of tbe Le^ative 
Assembly might be held in the several precincts 
at the same time as for del^ateto ConrreBs. nnv 
question appertaining to the tiual^ifiea 



persons voting as people of the Territory, would 
have pasaed necessarily and at once under ^'- - 
of Congress, as Ihe judge of Ihi 



e under the 



lidity of tbe return"' of Ihe" delegate.'and would 
have been determined before conflicting pnsMons 
had become inflamed by lime, and before oppor- 
tunity could have been afibrded fur aystemalio 
interference ofthe people of individual Stales. 

This interference, in so fsr as concerns its 
primary eaoscs and its immediate commence- 
ment, was one of the meldenia of that pernicious 
agitation on the subjoet of the condiUon of the 
colored persons held lo service in some of tbe 
States, which has so long disturbed the repose of 
ioantry. and eicited individuals, otlierwiae 
patriotic end lawahiding, to toil with miadireclod 
. » "- ^jjg attempt to propagate their secial 
. . by the perversion and abuse ofthe powers 
of Congress. 
The persons and parties whom tie tenor of the 
it to organize the Territories of Nebraska and 
anaas thnarted in the endeavor to impose, 
through the agency of Congress, their particular 

,.; c — ;.i organization ou the people df tbe 

ne, now perceiving that the policy 
ing the inhabitants of each Stato to judge 
themselves iu this respect was meradicahly 
ted in the convictions of the people of the 
Union, Ihen had recourse, in the parsnit of Ibeir 
Bneral object, to the extraordinary measure of 
propagandist colonization of the Territory of 
KunsBa, to prevent the &ee and natural action 

bus to anticipate or lo force the determination 
if that qucation in this inchoato State. 






Will] 



ucii vie 
le ofthe SI 



s, and their 









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THE KANSAS-NEBEASKA STRUGGLE. 



SI 



claimed through the press in langnage extreme] j 
irritating and offensive to thoee of ivhoia the 
coloniata were to become the noiRbbors. 'f hoBo 
deeigne and oct8 had the neeeeeary consequence 
to awaken cnmtionB of intense indignation in 
States near to the Territory of Knneae, and espe- 
cially in the acljoiniDg State of Mieaouri, wboBO 
domestic peace was thus the most directly en- 
dangered! bnt they are far from justifying ibe 
illegal aod i-oprehenEible count«r-movemeats 
which ensued. 

Undei' these inanapicLOus (ureiimetanceB, the 
primary electiona for members of the Ijegialative 
Assembly were held in most, if not aB, of the 
preeincta, at the time and the places and by tiie 
peraona defiignated and appointed by the Gov^ti- 
or. according to law. 

Angry accusations that iUegal votes had been 
polled, abounded on ail sides, and impatatiooa 

Governor, in the exercise of the power and the 
disehar^ of the duty conferred and imposed by 
low on him alone, officially received and con. 
Bidered the returns ; declared a large majority of 
tbe members of the Council and the House of 
BepreeentativoB " duly eleotod ;" withheld certi- 
ficates from otiierB because of alleged illegahty 
of votes : appointed a new election W supp^' the 

5 lace of (he persons not certtlied! and thns, at 
tngth. in all the furina of statute, and with hie 
own official authentication, completo legality ~ — 
— — '0 the first Legislative Assembly of 






Those deci^ons of thBTetamiilff-OfflcelV and of 
the Governor are final, eicept ttiat by the par- 
liamentwy usage of the country applied to the 
organic law, it may be conceded that each House 
of the Assembly must have been competent to de- 
temune, in the last resort, the qualifications and 
the election of its members, Tbe subject was, by 
its nature, one appertaining exclusively to the 
jurisdiction of the local auflioritieB of tbe Terri- 
tory. Whatever irreKularities may have oo 
ciirrod in the elections, it seems too late now li 
ruse that question as to which, neither now noi 
at Djiy previous time, has (he least pos«ble iega 
authority been possessed by the President of uu 
United gtatea. For all present purposes the le 
raalative body, thns constituted end elected, wei 
tho legitimate assembly of the Territory. 

Accordingly, the Governor, by proclamation 
convened ifie Asaemhly thus elected to meet a 
a place cttiled Pawnee City. Tho two Houses 
met, and wer6 duly organized -in the ordinary 
parliamentary form ; each sent to and recr ' " ' 

lessee 
by^o 



that the duties of the office were icgally devolved 
on Uie Secretary of Uie Territory ; thus to tho last 
recognizing the body as a duly-elected and oon- 
Btituted I.^slative Assemblj'. 

Itwill bepercdved that it any cooatitutional 
defect atlactaed to the legislaUvo acts of the 
Aaaembly, it is not protended to consist in ureea- 
larity of election or want of qualiflcatJon of the 
members, but only in the change of its place of 
aeaaioD. However trivial the objection may 
seem to be, it requires to be considored, because 
upon it is tounded all that supecalruoture of acts, 
plainly against law, which now threatens the 
peace not only of the Territory of Kansas hut of 
the Union. 

Such an objection (o the proceedings of the 
Legislative Assembly was ot^eieeptionable ori- 
^, for the reason that, by tbe express terms of 
uie organic law, the seat of govcmmenl of tho 
Territory was " located teaiporarily at Fort Lea- 
venworlhi" and yet the Ooveroor himself re- 
muned thep less than two months, and of his 
own disor^on transferred tho seat of Govern- 
ment to the Shawnee Mission, iriiere it in fact 
was at the time the Assembly were called to 
meet at Pawnee City. If Uie Governor had any 
such right to change (cmporarily the seat of GoT- 
emmeut, still more had tbe Legislative Assembly. 
Tho oltiectiun is ofexcepUonal origin for the far- 
ther rsaonii that the place indicated by tbe Got- 
Aruor. without having an exclusive claim of pre- 
in itself, was a proposed tuwn^slte only, 
J _.!.__ _■. — ipjjng ig locate 



entered upon by the Legislative Assembly. 

Bat, after a few days, the Assembly resolved to 
a^onm to another place in (he Territory. A law 
wafi occordiogly passed, against tbe consei ' ' 
the Qovemor, but m due fbrm othenrise, ) 
move Qie seat of government temporarily i 
"EBiawnee HanusJ-labor School [or mis 
and Ihithor (he Assembly proceeded. Alter (his, 
recmving a bill for the establishment of a ferry at 
the town of Kiokapoo, tbe Governor refused to 
sign it, and, by special message, assigned f- 
reason of refusal, not anything otgectionable 
the bill itself, nor any pretense of the ill^ality 
or Incompetency of the Assembly as such, but 
only tbe fact that the Assembly had, by its act. 
transferred tbe seat of government temporarily 
from Pawnee City to Shawnee Mission. Tor the 
same reason he continued to refuse (o sign other 
bills, until, in the course of a few days, be, by 
official Message, communicated to tbe-Assembly 
the fact that he bad received nollficatien of the 
if his [unctiouB aa (Jovernor, and 



ferraice 
which h 
unlawfully upon land within a 



. , . r of tho 

Army, has been dismissed by sentence of court- 
martial. 

Nor is it easy to see why the Legislative Assem- 
bly might not with propriety pasa the Territorial 
act transferring its sittings to the Shawnee Mis- 
sion. If if cuuld not, that must be on account 
of some prohibitory or incompatible provision of 
act of Congreaa. But no such provision exists. 
The brganic act, as already quoted, aays " the 
seat of Government is hereby located tempo- 
rarily at Fort Leavenworth :" and it then pro- 
vides that certwn of tho public buildings tE™e 
'■ may be occupied and used under the dnreotion 
of the Governor and Legislative Assembly." 
These expressions piigbt possibly be construed 
(o imply that when, in a previous section of the 
act, it was enacted that '' the first Legislative 
Assembly shall meet at such place and on such 
day as the Governor shall appoint," the word 
" place" means place at Fort Xeavenworlh, not 
place anywhere in the Territory. If so. tlie Gov- 
ernor would have been the first to err in this mat- 
ter, not only in himself having removed the seat 
of Government to the Shawnee Mission, hut in 
again removing it to Pawnee City. If there was 
any departure from the letter of the law, there- 
fore, it was his in both instances. 

Bnl, however Qiis may be, it is most unreason- 
able to suppose that by the terms of the organic 



langu^^ of one of tbe subaoquent acts uf Con- 
gress on the subject, that of March 3. 18^, which, 
in mailing appropriation for public buildinga 
of tbe Territo^, enacts that the same shall not 
be expended " until the Legislature of said Ter- 
ritory shall have fixed by law the permanent seat 
of government," Congress, in these eipressions, 
does not profess to be granting ihe power to fix 
the permanent seat of go^'ernment, but recognized 
tbe power as one already granted. But how ( 
IJudoubtedl}' by the comprohensive pi'oTiaioa of 



wGoogle 



THE STRUGGLE FOB SLAVEEY RESTRICTION. 



Jepalative power of the Teirifory shall oilend 
™ sll iE!i""l.sal|jeclB of legiBlation consistent 

orovi8ions''of tills "^t" It, in Tlew"'f 'thi's*'.'?^ 
ae Legwlative Assembly had the iBree power to 
fli the DgnnaDent seat of government at any place 

ment it liad tlie less and the included power to fii 
It tetDporarilj. 

Kavertheless, the Bllegation that the acts of the 
I*pslattve Assembly were illwal by reason of 
this removal of its place of sesaon, was broueht 

forward to justify the first great mf ■ ■ 

disr^ard of law within Ibe Terrilop 



- lets of the Lesislativa Assembly provided 

(Or the elaiuon^of a Delegate to the presenbCon- 

■' -'^oled under - ■ 



C'-' 



this. 






if (he 



thorityofl 

Pollowing opon this movement .was another 
and more Important one of the same eeneral 
dianteter. Pereuns mmfesHedty not conaRtntlns 
Uio body politic, or all the inhabltBUla, but merely 
a party ot ttie inhRbitantfl, and Without idw, •— - 
nndOTtaien to summon a nonvenlioo for the _ 
pose of tranaforiDing the Territory into a State, 
and have framed a eonsHtnlion, adopted it, and 
under it elected a Governor an^ otEe--" — 
aod a representative to Congresa. 

In eiteuuation ot these illegal acts, it is alleged 
BiattlioStaleofCalifbnila,MTchigBn, and others. 
were Belt^rESDized, and at anoh were admitted 
mlotbe UnfoB, wtlhoOt a previous etiabling act 
cfCongreMi It b tn« that, frfaile ia a mnjortty 
orcoes aprevioiu act «r Congress bB« been bass- 
ed to antbortie the TerritMy to preseat itselfaB a 
Btats, aod that thi* la de«msd Ifae most regular 
ooone, yet iaA an aet haa not 6e*li held Jo be 
mdispenuble, and in i6lne oases the Territory hm 
proceeded wiliioot it, and has iievertlieless I: 
admitted into the Union as s Slate. It lies i 
Con(-regs to authorize beforehand, or to coni 
afterward, in its diicrofion ; but in no insta 
has a State been admiltod npon the applice 
of persons acting i^nst Buthoritica dnly ooi 
tuted by act of Congress. In every case it ia 
people of the Tonitory, not a party among th 

ask Ibr admission at a fitate. Nn nrinrmli 
pubUo bw, 
Cocstitulian 
*», right, o 

^ferrilarj' To'fcl^riSat hai"b*!^'don^is o7 
reDdntJoDtt^ohtfaolcr. Itiaat«#edlyeoinni 
five and in aim is r«qieds ffie local lawof thoTi 
ritia-y. it will becmie treasonable " 
u it reach the length of orgati^ed resist 
force to the fundamental or any other fodc 
and to the authority ot the General Govt 
In aach an evont, the path of duty fori 



athato 



cticeor precedent nnder Ibe 
United Bt^ bo rale of rea. 
lion aenie, sonlem any anoh 
ooAOea by h mere party ~ 



coliTe ia ploii 



le United States be 



faillifutly Mfleutod, if Uioy be opposed in the 
1 limttd" States wCii^ 



lispMal of the 



he may and at 



pnrpose of deciding elections or tor any other, 
and the local aotb'^ntiee find themselvea unable 
to repel or withstand it, Ihey will be entitled to, 
and upon (he (act being fiSly ascertMued, (hey 
shall most certainly receive, the aid of the Gener. 

But it is not the duty of the President of (ha 
United States to volunteer inlerposition by force 
lopreservothe purity of elections either in aState 
or Territory. To do so would beaubversivaof 
public freedom. And whether a law be wise or 

to jud^. If it be constitutional— thul is, it it 
be the law ot the land— it is hia duty to cause it 
to ha eieeuted, or to sustun the authorities of 
Miy State or Territory in eiecuting it in oppoM- 
tion to ail insurrectionary mevemeDls, 
, Our system affords no justification of revoln- 
lonary acts ; for the constitutional meane of re- 
lieving the people of uiyust adnunlBtcation and 
taws, by a cliaiige of publio agents and by re. 
peal. Ore ample, and more prompt and effective 
thin illegal violence. These couslitutional means 
"-■ "■- scrupulously guarded— this great pre- 
•f popular sovereignty aacredly respect- 
It is the nndoubf ed right ot the peaceable and 
orderly people ot the Territory of Kansas lo elect 
their own l^islntive body, make their own laws, 
and reguiato their ownsocial institutions, without 
foreign or domestic molestation. Interference,' on 
the one hand, to procure the abolition or prohi- 
bition of ^ slave-labor in Ibe Territory, has pro- 
duoad mischievoua interference on the other for 
it* mainlenancoor introduction. Oao wrone be- 
gets another. Statemenis entirely unfounded or 
grofflly elaggeraled, concerning events within 
Qie Territory, ore sednlooaly diffused throueh re- 
iboto States to feed the flame of seotiond ani- 
mosity there ; and the agitators there eiort them- 
selves -indefatigHbly in ralnm to encouraee and 
«i™nletB_strifo within the Territory. 



The^inflammatory aptation,of which the p. 
thing 



but apart, hae for twentv years produc 
BB.ve unmitigated evil. North and I 



it the charac 



luth. 



the jurisdiction, to ba naed aa 

posK coiaiiatui; and, if that t 

maintain order, then he may call forth the nrifilia 
of one or more 8tal« for that object, or employ 
for the same oMect any part of the land or naval 
force of the Uiited States, So also if the ob- 
BtruoiJOn be (o (he laws of tho Territory, and it 
be duly presented to him as a case of insurrec- 
"— ■■- -nay employ for ile auppreaaion the mill- 



ionsoftlieluture 

natter of too little interest to the inhabitanla of 
he contiguous States, personal or collectively, to 
iroduce among them any political emotion. 
..limate, soil, production, hopes of rapid ad- 
vonoement, and the porauit of haraiiness on the 
part of settlers themselves, with good wishes but 
with no interference from without, would have 
quietly determined the question which is at this 
time of aach disturbing character. 

But we are constrained to turn our nllenlion to 
the circamstancca of embarrasBmcnt as they now 
dst. It is the duty of the people of Kansas to 
acountenanco every act or purpose of rcaiat- 
ico to its laws. Above all. (ho emergency ap- 
. lalsto the citizens of the States and eepecialfy 
of- those contignoua to the Territory, neither by 
infervonlioD of non-residents in elections, nor by 
inaathoriiod. military Ibroe, to attempt to en- 
;roBch upon or usurp the authorih of the in- 
labitants of the Territory. 

No citizen of our eonntrj should permithiroaelf 
toforget that heisapart of its government, and 
cnlilled (o he heard m the determination of i(a 
policy and its measures ; and (bat, therefore, tho 
highest conaiderationa of personal honor and 
patnotiam require bim to maintain, by whatever 
of power or influence he may poasess, the integ- 
rity of the laws of the Republic. 
_ Entertaining these views, it will be my impera- 
tive duty to eiert the whole power of (he Federal 
Eiecnlive to aupport pnbUc order in tho Territo- 
ry; to vindicate its laws, whether Pedi ral or 
local, ageinst all attempts of organized restsrancej 
and BO lo protect its people in the establishment 



wGoogle 



THE KANSAS-NEBRASKA STRUGGLE. 



93 



of tbeir ovni inBUtutions .undisturbed by encroacb- 
mant from without, and in the full enjoyment nf 
tberigblsofaelf-gOTernnientaasiired to them by 
tbe Constitution and tbe organic act of ConKTese. 
Altbough gwioos and tlu^tening diaturbancoB 
in tbe Territory of Kaneoa, announced to me by 
the Governor, in Dacemlier laat, were speedily 
quieted iTitbont tbe cffueion of blood, and in a 
flRliBfaclory manner, there is, I r^ret to say, rea- 
son to apprehend that disorders niJl coDtiuue to 
occur there, vitb increasing tendeucy to violence, 
nntil some decisive meaaurea be taken to dispose 
of tbe queation itself which constitutes the in- 
ducement or occasioQ of inteniBi e^tation and 
of eTtemal inierlereDce. 

by provi^iDg that, when the iobabitants of Kan- 
saamaydeeire it, and shall be of sufficient num- 
bera to comtitnte a State, a convention of dele- 
gates, dniy elected by tbe qualified voters, ehall 
aaaemble to frame a Constitution, and thus to 
prepare, through regular and lawfnl mcane. for 
ita admission into Ihe Union as a State. I re- 
spectfully recommend the enactment of a law to 



unend, alEO, that a special oppropriatit 

'- "-- ' -™ wbfch may b 

>noftheJai 



defray any eipens. 






March 12!A.— Ic Senate, Mr. Douglas of 
Illmoig. from the Committee on Territories, 
made the folloning 

HEPOET : 

The Committee on Tenitories, to whom was re- 
ferred BO much of tbe annual messi^ of the 
President of the United Stales as relates 1 
ritorialeSairs, together with hie special message 
of the 24th day of January, 1856, in regard to 
Kansas Territory, and bis message of the 18th 
of February, in complianoe with the resoluti 
of the Senate of the 4th of February, 1856, 
questing transcripts of oertwn papers relati 
tothesSaiisof tboTerritory of Kansas, havi 
given the same that eerions end mature delil 
-ration which the importance of the sulyoet de- 
mands, beg leave to submit the following re- 






inr Committee deem tbis-an appropriate oo- 
in to etata briefly, but distinctly, tbe prinra- 
npon which new '■"'■ *"' ""' """^ '^"^ 



„aniiert under the authority of 

Conttitntion of the United States. 

The Constitution (section 3, article 4) nrovi 
that " new Stales may be admitted by 
gress into this Union " 



to exeoutiou the fore- 
going powers, and all other powers vested by this 



_. . "Congress shall have 

power to make ^ laws which shall be necessary 

irs, and ul omt 

cmisStution in tbe gove _ _ . 

States, or in any department or office thereof.' 

ioth ameiidment; " The powers not delega 
to the United States by tlie Constitution, nor j. . 
hibited by it to the atalos, are reserved to tbe 
States nspeetivcly, or lo the people." 

A State of the Federal Union is a sovere 
power, limited only by the ConsUtution of 
United States. 

The limitations which that instrument has 
posed are few, specific, and nniform-^applioable 
alike to ^ theses, old and new. Thereis-- 
ftuthority for pottmg '■' "- 



iguty of a new State, which tbe Conetitu- 
m has not placed on tbe original Slates. In- 
deed, if such a restriction cxtnld be imposed ou 
any State, it would instantly cease lo be a State 
within tbe meaning of the Federal Constitution, 
, in oonatquence of (he inequality, would as- 
ilate to the condition of a province or depend- 
ency. Hence, equality among all the Stat«s of 
the Union is a fundamental prinoipie in onr fede- 
rative ayatem— -a principle embodied in the Con- 
stitution, as the baiuB apon which the American 
Union reels. 
AMcan Slavery ensted in all tbe coloniec 



Constitution of tbe UniteifSUtea was adopted, it 
became tbe supreme law and bond of union be- 
tween twelve slaveboldinp States and one non- 
alavebolding Slate. Each State reserved the 
right lo decHe the .question of Slavery for itself— 
to continue it as a domestic iustitution »o longaa 
it pleased, and to abolish it when it chose. 

In pursuance of this reserved rif^t, eii of the 
original slaveholding States have sinoo abolish- 
ed and prohibited Slavery within their limits re- 
speolively, without conanlting Congresa or their 
Bister Stales i while the other aii have retained 
and sustained it as a domestic mstitntion, which, 
in th^ opinion, had become so firmly engrafted 
on their aucial systems, that the relation between 
(he master and slave could not be dissolved 
with safety to either. In the mean lime, eighteen 
new States have been admitted into the Union, 
in obedience to tbe Federal ConBtllntiou, on an 
equal fooling with tbe original Slates, including, 

-' therightofeaohio decide the question 

- Ibr itself. In deciding th'- -""" 



i BO happened thatn" - . .. 

have abolished and prohibited Slavery, while_th9 



new St^ea 



lor nine have retained and regulated it. That 
<se new States bad at the bme of their admla- 



... .nai oi AiricBU oiavBrj, , 

not to be seriouAy questioned, and certaud; 
)1 bo successfully controverted. 
They are all subject to the 
w, which, by Iho consent of e 



a^tutes 



e. 



does Congress derive authority la 

lories preparatory to their edmiEsion into the 
Union on an equal footing with tlie original 
States ? Your Commitiee are not prepared to 
adopt the reasoning which deduces the power 
from that other clause of the Constitution, whioh 



the territory or other prop«iy bolonguig lo tl 
United States." 

Tie language of this clause is much more ap- 
propriate when app^ed to properly than to per- 
sons. It would seem to have been employed for 
tbe purpose of conferring apon Congress the pow- 
er of lUsposing of the public lands and other 
property belanging to the United Statet, and 
lo make all needful rules and regulations for that 
purpose, rather than to govern the people who 
might purchase the- '--"- '-— "- "-:—■* 



_._^_. ^ . lands from the United 

States and become residents thweon. The word 
"territory" was an appropriate expression to 
designate that large area of pul:4ic lands of which 
the United Stales had become the owner by vir- 
tue of the revolution and the cession by the 
several States. The B4ditional words, " or oth^ 



wGoogle 



TBB STRtlGGLE FOR SLAVERf BESTBICTION, 



Iiropcrly Ijelonging to the United Stntcs," olear- 
J- eliinv thai tie term " terrilory" was ubci' ' 
ordinary gpogra])liical sanae lo desiiniDte 



fc- 






whole body of the people, cod 
political comniniiity, Bho hBTi 
m CongroBB, and oonsoq^uentlj 
ing the lEiTB npon which all their righta and libor- 
fioB would depend, if it were conceded Uiat C" 
greas had the general and unlimited power 
mate all " needful rules and reznlations ci 
cei'uing" their internal afii^rB and damealic oi 
cerne. It it under this clsuee of the eonsti— 
tion, and from this alone, that CoDgrcss derives 
authority to provldo for the aurveya of tiie pub- 
lic lands, for soourins pr&*mption rights to actual 
settlers, for the estabiiBhmeut of land offlcee in 
the aereral States and Territories, for asposing 
the landa to private and public sale, for iwuii^ 
patents aud confirming titles, and, in short, for 
making el] ueedfiil ralea and regulstious for pro- 
tecting and dispoaiuBof the public domain and 
other property belonging lo the United States. 
These needful rnlea and regulatiotis may I 
embraced, apd nsuallyare found, in general iai 
applicflbie alike to States and Territories, wh< 
ever the Uniied States may be the owner of tl 
lands or other jmiperty to ha regulated or di 
posed of. It can mnko no difference, under ttus 
olauee of the Constitution, whether the " territory, 
or other property, bobnging to the United 
States," shall be situated in Ohic " 
Alabama or Minnesota, in Califoi 
The power of CongrosB to make needful rules 
aud rcgulatious is the same in the States 
Territories, to the oitent that the tltlo is ve 
in the 0niled States. Inasmuch as ths right of 
Isgislatjon in audi eases rests cieluBively upon 
the £aet of ownership, it Is obvious it cau extend 
only 10 Ihfttraets of land to nbiob the United 
StaWs poaaeaethe title, and must cease in respect 
to each tract the instant it becomes private prop- 
erty by purchase IVorn the United States. liwLl 
scarcely be contended that Congreaa poaaeaaes 
the power to logislBto for the people of thoae 
States in wMcb public lands may he iocated, in 

cerns, merely because the Uniied Stales may be 
so fortunate as to own a portion of the territory 
and other property Within the limita of those 
Statea. Yet it should be borne in mind that this 
clause of the Constitnllon confers upon Congress 
the same power to make needful ndea and I'^u- 
lations in ttie States as it doea in the Terrltohes, 
concerning the terrilory or other property belong- 
ing to IhoTlnited States, ►■ !■ ' 6 
In view of theae conaiderationa, your Commit- 
tee are not prepared to affirm that Congress do- 
rW<« authority to institute govBrnmenls for the 
people of the Teiritoriea, from that clanae of the 
Coustitatioa which confers the right lo make 
iieodfiil rulea end regnlations concerning the ter- 
ritory or other property belonging to tlia United 
StateSi much less con we deduce the power from 
any supposed neceesi^, arising outside of the 
Constituljon and not provided fir in that instru- 
meuL The federal government ia one of dele- 
gated and limited powers, clothed wiUi no light- 
inl authority which does not result directly and 
necessarily from the Constitution. Heceasitj, 
when ciperienoo shall have clearly demonstrated 
its existence, may Ihmish satisfactory reasons 
for enlarging the authority of the fedei'oJ govern- 
ment, by amendments to the Constitution, in the 
mode prescribed in the instrument i but cannot 
afford the aligbtest eiouse for the assumption of 
powers not delegated, and which, by the tenth 
Bmendment, are espccsaly " reserved lo the 
States respectively, or to the people." Hence, 
before Ihe power can be eefdy exercised, the 
right of Congress toorgaoixel^rritories, byin- 



stiluting temporary govemmenta, must be traced 
directly to aome provision of the Constitution 
conferring the authority in express terms, or as a 
menus necoasar j and proper to carry into effect 
some one or more of the powera which ore speci- 
fically delegated. Is not the orgauii^ation of a 
Territory eminently neccaaary and proper as a 
means of enabling the people thereof to form and 
mould th^r local and domestic institutions, end 
establish a State gOTernment under the authority 
of the Constitution, preparatory to its adraission 
into the Union 1 If so, the right of Congress to 
pass the organic act for the temporary govern- 
ment is clearly included in the provision which 
aathorizes tbe admission of new States. This 
power, however, bdna an incident to an express 
gTMii, and resulting from it by necessary impli- 

.-.; „.. — ipriale means for carrying it 

, »*»w..:^.^ :« ^"-iiifmy with 

deduced. The'organio act of (he Territory, 
owerof Congress 






mdobieBtsoftt 
The oraanio 
deriving its validity from (I 

equality of the proposed Stele with the origlnel 
Stales, or impose any limitetion upon its sove- 
reignty which the Conetitution has not placed 
on all the Slates. So fares tbe organization of a 
Territory may be necessary end proper as s 
moans of cai^ng into effect the provision of the 
Constitution tor tha admission of new Slates, and 
when exercised with i-cference only to that end, 
the power of Congress is clear and explicit; but 
beyond that point the authority cannot extend, 
for the Teason that ell " powers not delegated to 
Ihe United Statea by tlio Constitution, nor pro- 
hibited by it to the Statea, are reserved to Ihe 
Slates respectively, or to the people." In nthpr 
irds, tho organic act of the Territory, c 



free to form and regulate tl 



re the people i 






requisite population, and eslabUsh a State gov- 
ernment in conformity to the Federal Constitu- 
tion, Ihey may be admitted into the Union on on 
equal footing with the ori^nal Steles in all re- 
"leots whatsoever. 

Tho act of Congress for the oi^anization of the 
Territories of Kansas and Nebraska, was design- 
ed to conform lo the spirit and letter of the Fede- 
ral ConslitutioQ, by preserving and maintaining 
ie fundamental principle of equelity among afi 
the States of the Union, notwithstanding Ihe re- 
iction contained in Ihe 8th section of the act of 
irch 6, 1«aO, (preparatory lo tho adnMsMon of 
Missouri into the Union,) which assumed to-deny 
the people forever the right lo settle the quoa- 
n ot Slavery for themselves, provided they 
laid moke their homes and organize Statea 
:th of thirty-six degrees aad thirty minulea 
'th latitude. Conforming lo the cardinal prin- 
,-^les of State equality and self^vernmeiit. in 
obedience to the Constitution, the Kansas-Ne- 
braska act declared, in the precise language of 
the Compromise Measures of 1S5D, that, " when 
led as a Stale, ths swd Territotyj or any 
a ot the same, shall be received mio Ihe 
I, with or withoulL Slavwy, as their consti- 
tutions may prescribe at the time of their adm^- 
ion." Again, after declaring the said 8th section 
if Ihe Miaaonri act (-"■"=1.".'-. -oii^J n.~ >ii. 



— -It, ia declared in these words: "It being 

Ihe true intent and meaning of this act not to 

gislete Slavery into any State or Territory, nor 

exclude it therefrom, but lo leave the people 



wGoogle 



THE KANSAS-NEBRASKA. STRUGGLE. 



thereof perfectly free to form and rcEUlato their 
domestic inelilulions in their owa way, anlucct 
onlrto the Constitution of the UnitsJ States." 

Tlie passage of tlie Kansaa-Nebraaka not waa 
Btrenuousl); resisted by all persons who thonght 
it s leee ovD to deprive the people of new States 
mid Territoriee of the right of Stale equality and 
seif-goremment under the Cont'-'-'-- "-— *- 



n for 



e every S 



_ .._. „ .a the halls of Coi^ress 

ondoF the farmB of the Constitution, com- 
ioiie wore immediately entered into in some 
[>ns of the tlnion to control the political 

ntio'ns, of those Territories and fnfore 
Bj through the machinery of emigrant aid 



o the 



_ . onsistenoj and effi- 
ind surround it with 
', an act of incoraora- 
hs Itsislature of the 
irhien itvaa provjd- 



settfo' in 



purpose of assiBting emi^ranta 1 



Eubieot to all the dutiee, roBlnctiona, and liabili- 
ties set forth in the 3Slh and 441h chaptora of the 
revised statutes" of Moesachnsette. 

Ttie aeoond section limited the capital stock of 
the oompany to five milliona of dollars, and an- 
thoriied the whole to bo invested in real and i>er- 
sonul BStste, with the proviso that " tho said cor- 
poratloii ahall Dot hold real estate in this com- 
monwealth (Hftseachusetts) to an amount ei- 
cecdlDg twenty thousand dollars." 

The third aeelion provided for dividing the 
capital stock of the corporation mlo ahares of 
one hundred dollars each, and preacribed the 
__j_ •-— g^ Rnd amor-'- ' '•--'- ■- 



°lh. 



)e made on each share, 
foorth and last section v 



"At ail meetmgs of the stockholders, each 
stockholder shall fe entitled to cast one vote for 
each share held by him; prorided, thatnostook- 



tinotly declare that the company w 
the nurpose of oontrolllngthe aoine»tio 
I of the Territory of Kansas, and fc 



into the Union with a prohibition of Slavery in 
her constitution, regonUesa of the. rights and 
wishes of tiie^eople as guarantied by the Consti- 
tution of the United States, and eecm^ by their 
organic law, yet the whole histoiy of the move- 
ment, tho ciroamstaacea in which it had its origin, 
and the pr^-fessions and avowals of all engaged 
in it, render it ccrtun and undeniable that such 

To remove oil doubt upon tliis point, your 
committee will here present a few extracts from 
a pamphlet published by the company soon 
after its oiganization, under the following cap- 

" OrgKDiMtion, obJBctB, anfl plsn ot oporitiom of 

'■ TVEifee!— Amnt A. Lawrence, Biiaton; J. U. S. 
\ril]ianiH,Oainbridge; filf Thl] «r,' Wuccester. 






tru8te^shttlfiiiapo(sot»l!it'a'al^talire™,''r^plK! 
br the ssl<;i the muoey ki& out. decUie a ai>MeDd to 
Iha stockboMors. and (hut tHey (h«n eelect a neiT 

meat tnd organ iiitioa or^jnoiher^free 81aM ot this 

" With the idvantages attained hj B"ch t jyatam of 



idaaingaome thirty or fbrtj thousand to 



uptiiythe DHeisitias otii 



Having thuB secnred from the State of Hasaa- 
ohnsetts tlie color of legal authority- to sanction 
their proceeiinga, in perverBion of the plain pro- 
visions of an act of Congress passed in pnraunnce 
of the Constitution, the company cc 



operations by receiving subacriplions to ita capi- 
tal stock, and eierting its whole power to har- 
monise, combine, and direct, in the channel it 
sbouldmark out, all the elements of opposition 
to tho principles of the Kansas and Kebruska act. 
Hie plan adopted was to make it the iuterest of 
a large body of men, who sympathized wilb them 
in the objects of the corporation, to receive thdr 
aid and protection, and, under the auspices of the 
company, to proceed to Kansas, and acquire 

he found neceaaary to enable them to vote atUie 
elections, and through tiie ballot-boi, if possible, 
to gain control over the legislation of the Terri- 
tory, , This movement is justified by those who 
' " lated and control the plan, upon the ground 



other territory; that the act of ei..„ — 

entirely voluntary on their part ; nad when they 
arrived in the Territory as actual eettlers, they 
liad ae good a right as any other citizens to vote 
at the deetiona, and participate in thecontrcl of 



that of his family. But it is a ve(y different thing 
whore a State oreatea a vast moneyed corporation 
for the purpose of controlUng the domestic insti- 
tutions of a distinct political cominnnity fifteen 
hundred miles distant, and sends out the emi 

T.n™iif,..ni ..niiHr.nl ohjccts. Wbcu a powerfol 

ouses and lands, inmerchan. 



corporoti 
dollars ii 



.Google 



96 



THE STRnGGLE FOR SLAVERY RESTRICTION. 



diee nnd mills, in riuiDon and rifl«», in powder 
and lead— ia all tbe implemenlB of Bii , aericul- 

oonlrolofnon-reaidentdH^ctoraandBtockholdctB, 
who ate authorized by their charier to vole by 

distant and sparBcty settled Territory with the 
fised purpose of wielding oU its power lo control 
the domestic institntiona and pulifical deatiiiics 
of the Territory, it becomes a quealion of fearful 
Import, hovr far the operations of the componv 
are compniibte with the rights and liberties uf tho 
people, ' Whatever may be the extent or limit of 
coDgreseional authority over the Terrilories, it is 
clear that no individual State has the ri^ht to 
paaa auy law or aDthoriEo any act conc^ning or 
affeeting the Territories, nhioh it might not enact 
in reference to any other State. 



tions as to conceive the philanlhropio Bcbemo oi 
forcing bo great a blesaing on their unwilliug 
neighbors, and with that view should create a 
mammoth mone^'ed corporation, for the avowed 
purpose of sending a suffieicnC number of their 
young men into the nmghlmring State, lo remain 
Jong enough to acquire the right of voting^ with 
the fixed and paramount object of reversing the 
Bettled policy and changing tbe domeatio institu- 
tioDB of BHCh State, would it not be deemed an 
act of i^rceajou, «« offensive and flagrant as if 
attempted by direct and open violence 1 It is a 
weHeettJed principle of cooBtitudonal law, in this 
country, that while aD the States of the Union are 
united in one, for certiua pnrpoees, yet each State, 
in respect to everything which affecti its domestic 
polioy and internal ci-neemB, stands in Ike rela- 
yon of a foreign power to every other State. 

Hence, no State has a rigbl lo pass any law, or 
do or anthorize any act, with the view to influ- 
ence or change Iho domestic i>olicy of any other 
State or Territory of (he Union, more than it 
would with reference to France or England, or 
any other for^gn Stale with which we are at 

„ ._ ....^"^h'othor 

nember of tbe Conftderacj, than the laws of 



greesion and unkindneas oul^ by that Bfurit of 
comity which tbe laws of nations eiuoin upon nil 
friendly. powerB, wo haveasaumed the admtioual 
obligation to obey tbe Constitution, which secures 
to every State the right to control its own internal 
affairs. If repugnance to domestic Slavery can 
Juati^ Mnssachuselts in incoi^orating a mam 
moth enmpuny to influenoe and control thai 
■- iny Stal« or Territory of thia Union, 



question m any St&t« or ' 
the same principle of a 
Prance or Englaad to uaf 



the SI 



, ir Cuba, or in 

fifteen States of thia Union; while it would license 
tho United States lo interfere with aerfdom In 
Knssia, or pol^amy in Turkey, or any other ob- 
noxious institution in any put Of tbe world. 
The same principle of action, when sanctioned 
by our example, would autttorizo all the king- 
doms, and empires, and despotisms in the world, 
to engage in a ooinmon cmaade against republic- 
anism in Amoricni as an institution quite as ob- 
noxious to (hem as domestic Slavery is to any 
portion of tbe people of the United States. 

If our obligations arisii^ under the laws of 
nations are so imperative as to make it our duty 
to enact neutrality laws, and to exert the whole 
power and authority of liuj executive branch of 
the governmouL, including the army and navy, 
to enfiirco them, in restraming oar citiiens from 
intcffarii^ with the internal concerns of foreign 



and Territories? Non-interfor- 
ence with tbe internal concerns of other Stales is 
recognized by all civilized connlries bb a funda- 
mental principle of the lows of nationa. for Ibe 
reason tliat tbe pence of tbe world could not be 
maintained forat>ingleduy wilhontit. IIow,thon. 
can we hope lo preserve peace and fraternal feet 
ingB among the different portions of thia republic, 
unlesa we yield implicit obedience to a principle 
which baa all tbe aanction of patriotic duty as 
well as constitutional obligation 1 

When tbe ranigranta aent i>ut by the Masaa- 
f husett* Emigrant Aid Company, and their ^Sli- 
aled societies, passed through tho Slate of His- 
1 large numbers on their way to Kansaa, 

1 r .!.,:_ language, and tbe anmia- 

pf thiar determined hostility 
utions of Ibat State, created 
le object of the company was 

leans of proaeouting 

tbe institutioDB of 



takable 

to tbe domestic inst 
apprehenaiouB lb at 
lo abohtionize Kan 

Slavery within the limits of Miss 
prehensions increased and spread with Ibe pro- 
gress of events, until Ihey became the seltled con- 
victions of tbe peopleof that portion of the Slate 
most oiposed to the danger by their proiimity 
tothe Kansas border. The nalnral consequence 
was, tliat immediate steps were laken by tbepeo- 
plo of the western countiea of Missouri to stunu- 
carry into effect a ayafem of 



milu K 

d Company, fbr the a 

leracting the effeots, and p 



r-s 



,, -nleraetins- theeffeots. and 

tbemselvoB 

tbe consequences of that company's operations. 

The material difference in Ibe character of the 
two rival and conff" ■ . • . - 

the fact that the oi . _ 
sive, and the olher ii 
one was organized ii. ^ 
visions and cliuming lo act under the authority 
ofale^slativeenactment of adistant State, whose 

while Ibe other wna Ibe epontaneoua action of 

the theatre of operations, excited by a sense of 
common danger to the necessity of protectmg 
tb»r own fireaidea from tbe apprehended horrors 
■ ■ ■ ■ -^ Both 



tothesu 



the field ofoperations prior to 

"-- ■"-—:■— j^ selected princ 

icumbered by fa 



the Territory, selected 



conditions in life enabled tbt— 

ment's warning, and move with great celerity, 
to go at once, and select and occupy the most eli- 
gible sites and fiivored locationa in theTerritory, 
to be held by themselves end their associates who 
should foUowthem. Fur the aaccessful prosecu- 
tion of such a scheme, tho Miaaouriana who lived 
in the immediate vioinity, posseaaed peculiar ad- 
vantagea over their rivals from the more remote 
portions of the Union. Each family could send 
oneof ila members across the line to mark out 
his claim, erect a cabin, and put in a small crop, 
sufficient to give him as valida right lo be deem- 
ed an aetunl settler and qnalificd voter as those 
who were being imporled by the Emigrant Aid 
Societies, In an unoccupied Territory, wliere 
Iho le.aia have not been surveyed, and where 
there were no mnrka or lines to indicate the 
boundaries of sectiona and qnartor.scclions, and 
where no legal title could be bud until after tbe 
surveys should be made, d--— ■ '"- "■■"-"■1= ■"'- 
lence, and bloodshed might 



wGoogle 



THE KANSAS-N^RASKA STRUGGLE. 



QieiistnrRlanainevilableconsequeHcesofsnchBi- : spondinglally-lietB.andiflhetallyliBta shall bctot, 
traordiaary b jstems of emigrsiioij, which divided tiiB jndKea shall then publioly prodaim the reaulL 
and arrayed the settlwa into two great hostile sod (hall make up and sign duplicate certificatoi 



8W comer of hia own parly, and at the some ' 
me preveat persons belon^ng to the opposite I 
arty fruBi Bettling in the neiehborhood. As a 
lault of this Btate of things, the great mass of ' 
mipmls fron ' .... 



as than 






□ their 



e,_hy I 






cure good homra for their families, were compel- 
led to array themaelTea under the banner of one 
of tbeie hoBtile parties, in order to insure protec- 



theBSthday , , .„ „_, 

to CoDgrees, J. W. Whitfield was chosen by ai 
overwhelming majority, having received tbi 
votes of men of all pBrties who were in favor ol 
Ihe principles of the Kansas-Nebraska act, ant 
oppOBOd to placiiijt the poUdoal destinlea of Iha 
Territory in the keeping of the Abolition partv 
of Ifae Horthem States, to be managed through 
the aaohinery of (heir emignnt Aid Coi 
niea. No sooner was the reenlt of the elei 
known, than the defeated party proclaj 
throaghont the length and breadth of Uie repul 

lie, that it had beennrod^ — •■ ■— "— ■■ ■■ 

the Territory by a 

owed sad outnam 

fide aetttors of the Ten 



":r5 i''" 



nal of the T. 






furnished hy thi 
.tee in respr — ' — 



Preeident of the Ui 

rail of the Senale, it wiU be found that Ooi 
Eeedct, in obedience to what lie considered to be 
adnty enjoinedonhimbytheaotDfCongress or- 

CJEuu; ttte Territory, on the 10th day olNovem- 
, 18S4, iaaued * proclBmBtion.preacribing tho 
tinie^ldMe,aadmod«{>fboldinglIie Section, and 
opwnntiiig by name tfapM dUMM rftho T«iTllory , 
neiding in each ftteetWn dMrlct, to coDdnot the 
eieation, in Bncb dielriot, together with flie follow- 
ing oath, ^licb was taken by tlte jndj(es before 
entering on their datlFs, to wit : 






t n (till perfona our 

1. to b« luid tiiii awj, 

riljlHlJ"lhat wnilll 



scoaidLnB to tha 4ct of GoagTt 

«rguui» HldTBrritu; ; "-• '" -'— ' '"■ — ' 

to have eonalnte thTf an 



In actual b 

o? COBJ 

.ouid n >hall bc^.. 
7 for Iha nan p^ 



. fiilthrDl rotum OJ 



detail 

ndnot- 

poUswill 



tbKwf, by hi 

.hall^lM poll „ 

The same proclamation poi 

the mode in which th^election sbonld be 
ed; and, among other things, that the y.. 
be opened for reception of votes between eight 
and ten o'clock, a. m., and kept open eontinnflly 
untilsiio'clock, p. m,; that tbe judges will keep 
two eoiTeepondii^c lists of persons who shall vote, 
UDmbering each namei that when a dispnlo 
«rite« aa to the quiJifioaUoiu of a voter, thejndges 
shall eiondiK toe voter or any other persons, nn- 
da oath, uDon ttie aalijject, and the decision of 
1 m^ority of the board will be conoloBive; thai 
when Ihe election sb^l ckise. the judges shall 



shall certify, under 
their oathSf uat the certiGcato is a true and cor- 
rect return of the voles polled by lawfnl resident 

The proclttmafioQ also provides that Ibe ticket* 
or votes polled shall, after being counted, bo 
again deposited in the bor, together with one 
copy of the oath, and one list of the voters, and 
one tally-list, and one certificate of return ; and 
that the judgtH shall seal them up in the box, and 
carefully preserve the some nntil called for by 
(he governor of said Twiitory, in the event t* 
its correctness being conlesled: and that the re- 
midntngcopy of the oath, list of voten, tally-list, 
and return, will be taken bv ooo of the judges, 
who shall deliver the anmo m person to the gov- 

The proolamation also prondes that, " In case 
any person or persons shall dispute the fMrneas 
or correctness of the retnm of any election -dis- 
trict, they shall make a written statement , direct- 
ed to (he gOTemor, and setting forth the spociflc 
canae of compl^t or errors in the conducting or 
returning of the election in said district, signed 
by not leas IhaD ten qnalified voteis of the Tem- 
toiy, and with an affidavit of one or more quali- 
fied voters to the trnth of the foot (herein Btsted ; 
and the said complaint and affidavit shall be 
presented to the governor on or befiue the fourth 
day of December neil, when the proper prooeed- 
ings will be tokoi to bear and decide such com- 
plaint.- 

By reference to the eiecutive jonrnal of the 



Here follows a list of the votes cast for eaoh 
candidate in each of the seventeen districts of the 
Ttrritory, showing that 
J. W. WUtGeldliad reocdved 3,358 votes- 
All oOtet persons received S75 " 
And on Ihe wune p«ge Is the following entry :. 

"Oaembtr i. IB6t.-On eiaDiiiiliw and caUatinr 
tha rchmia, 1, W. Whltaald iataJu^ by (h« foTsrn- 
or tfl IM dalr slsetal dsIanU to the Ho<u* of Bnire- 
•■ntaltm o? (h> United Stales, ud the Hme daj tba 
certiBoate of the governor, nnder tha >ul of the 
Territorj, luued to laid i. W. Wliltllild of his eleg- 



it n< 



re appears that Gon. Whitfield's ri^t 



- Jf that oiection was m 

teoted. It doee not appear that " ten qnaiided 
TOten ot Iba Territory" were ever found who 
were wilUng to make the " written statoment di- 
rected to the oovemor, with an affidavit" of one 
- - to qnaliBed voters to ' " " " ' 



" dtBpute the faim«s 



truth of the facta 
forth specific 



mse of complaint or 
returning of ttie election," in any one of the sev- 
enteen districts of the Territory. Certain it is, 
"lat there could Dot have been a system of fraud 
nd violence socb as has 1>een charged by Iha 
gents and supporters of the emignuit lud soai«- 
cs, unless the jtovemor and judges of electhm 
■ere parties to it ; and your committee are not 
reiuircd to osanme a 1bc[ so disrepntable to them, 
ad so improbable upon the slate of faota pre- 
mted, without raecific charges and direct pniof. 
1 the absence of all proof and probable tm^ 
le charge that the Hissourians hod invaded tha 
erritory and controlled the congressional elM- 
" by fraud and t' ' ' ' '"' 



ooire- 1 thronghont the Free States, and n 



wGoogle 



THE STRUGGLE FOE SLAVEKY RESTMCTION. 



of the moBt inflammatory ai 



017 appalls to all men op- I whom, by the organio law of tie Tern ory fte 

posedto tlie principlea of tSo KanenB-Nebraaka lejiBlatnre WM to be composed^ On tho 17lh 

let to emigrate or ^n.l emigrantB U, Knnaas, for dTj of April the (rovernor leeoed hie proel«ma_ 

■ ■ ' -jid BssiBt- tion. Rummonins these thirteen councimen nnrt 



thepniyoaBofrep< 
ing their frieiidB wl 



ipclling th< 



then 



king it a 
thelarpa 



memberH of 



Lg eftort to 



B. feorfnl 



in patline down the slave 
Slavery in Kanaas, with — ..- .-. 
Tree State, EiagRerated accounts of tht 
nnmber of emigr«nte on their way under 

aUBpiofs of the emigrant md compi '"■ 

view of coiltroiliug the election ft 
toe tenitorittl le^nslature, which — . . 
place on the 30th of March, 1855, were publiahed 
and circulated. Thcue accounts bemg rcpnb- 

Kehed and believed in Mir ' -•- — "- " 

citement had already been 
intensity, induced a correej 
at least an equal nnmher, lu cuuuiuhh;^ luc .■[.- 
preheoded reault of this new iniport(tUon. Your 
committee have not been able to obtain definite 
and satisfactory information in regard to the al- 
leged irregulantiee in conducting the eU 

and the nun-' • '"- 

HrtcIi; but. 

information acceaaible to your co 

cludini; VRrious paperB, docnmentE, 

mentBrhindly fomrahcd by Mesera. Whitfield 

and Reedcr, rival clMmants of the delegate'B seat 

in CongrcBB for Kanaas Territory, it would seem 

tliB.t the facts are eubafantielly aa foUowe : 

The election was held in obedience to the pro- 
clamation of the governor of the Territory, which 
preaoiibed the mode of proceeding, Iho form of 
the oath and returns, the preoantlonary Ba&- 
guarda against illegal voting, and the mode of 
oonteating ttie election, which were, in aubatatiee, 
the aame as Ihoae already referred to m con- 
nection witljthe oongreBsional election. Wlieo 
the period arrived for IliegoyernortooftnvaSB the 
retnma, aad iSBno certificatw to the persons 



_B 8t the fairaeas - — , „ ,^ 

oorroctuess of the returns, in seven ont of the 
eighteen sIceliondisfrictB into Which the Terri- 
tory had been divided for election pnrposoa. al- 
leging fraudulent and illegal voting bypcrBona 

of the Territory. Italao apireiirBi that in some of 



^ _.„ .,^ ._, he had com- 

miasioned aa having been fairly elected, to naacm- 
hie at Pawnee City on tho Sud day of Jnly, and 
oi^aniie as tho legialafure of the Territory of 



from the joumBl that the two 
imble, in olicdiencB to the Govcr- 
tion, St the time and place ap- 
; Bud, after the oath of otfice had 
niatered by one of the judges of 

,_^ lurt of the Territory, to each of 

,.._ members who held the Governor's eertificoje, 
proceeded to oi^anize their reapectivi 



inted by him 
en duly admi 



and each notifiecl 



.^ thtar effici 

he other, by reeolntion, thu [ney were im 
irganieed. Also, by itant roaolution. apj 
I committee who waited on the Governi 
nfoimed him that " the two houses of the 
tos LegUlaivTC are Organieed, and are nor 
to proceed 1( """"' """' '" ' 



inted 



is joint resolu^on, 

..„„ Governor, by Mr. Higgins, 

secretary, transmittii^c his meaaage, w 
and ordercdtoheread," 









he HonarBblelhe Cmmca and House i>/ Hepre- 
emlaUvee oflhc TerrUon, cfKaneaa : 






nk.'.b 



miniatered to the judges, and of the returnemade 
by them, were not in conformity to the proclama- 
tion of the governor. Aflar a careful mveatiga- 
tion of tho feicts of each case, as presented by 
the returns of the judges, and the protests and 
Bllcgationa of aD petsona -Mm disputed the fau-- 
ness of the election and the correotnesfl of the 
returna, the governor Came to the donelusion 
ihat it was his duty to set aside the election in 
theae seven disputed districts ; the effect of which 
Vas, to oreate two vacanciea in the council, and 
Dine in the House of EepresentativM of the Terri- 
tory, to be filled by a new election ; and to change 
the result so far aa to cause the certificate for one 
councilman and one repteaenfaljve to Issue to 
different persons than those returned aa elected 
by theiodgOB. Accordingly the covemor issued 
hia writs for special elections, to he held on the 
24th of May, to fill those vacancies, and, at the 
aame time, granted oertifioatea of election 
eleven councaroeB and seventeen represeiitativ 
whose election had not been contested, and wh_ _ 
he adjudged to have been fairly elected. At the 
special election to fili these vacanoiea, three of 
Ihe persons whoae election on the 30th of March 
had hcen set aaide for the reaaona already stated, 
were re-o!eclod, and in the other districts different 
peraOQS were returned ; and the governor hai 
■diudgcd them to have been duly elected, 
cordingly granted them certificates of election, 
thus milking tho full complement of Ih 
■ 'oouncilmen and twenty-aii repreeentativi 



oeeda to trace the history of all l^slatioi 

ing it since the country was acquired iTom 
FrBDOe, and advises the legislalnre to paaa ench 



larly the Slavery qneation, the 
Territory into counties, the oi^aniziition of c 
ty courts, the election of judicial and mmisl 
ofilcers, eduoation, tasea, revennes, the loci 
ofthepermanent seal of government, andlh 
ganiiation of tho militia, aa subjecfa wortli 
Uieir immediate attention. 



wGoogle 



THE KANSAS-NEBRASKA STRUGGLE. 



anthoritj to pasa laws which wouW he hinding 
upon the peiiple of KaiiBae. On the flrat da;^ of 
i.1 _ :^_ — .1 ; idiaiely after the oi^oizo- 



On the 4th day of July, (being the third day 
of the pesaion,] the majority of the committee, in- 
cluding four of the five mcmbere, reportwl that, 



crrew, passed on the SOth day of Maiy, in the year 
1854. oi^aniiing the Territflriea of Kanaa* and 
Nehraaka/' as their gniding atar, tbey have trr- 
rivod at tho conclnaions which they proceed to 
elucidate and enforce in a lengthy report. From 
this report, it appears that fitteen out of twenty- 
two mombera present were permitled to retain 
thoir Beats by UQanimons consent, no one appear- 
ing to contest or dispute the foirueaa of the elec- 

in cither ot ttieir casea. Hence the contest was 
redueed lo the claims of one member who re- 
ceived the certificate under tho EOaeral election 
nf the 30th of March, and the an members pre- 
lent who received ecrtiticatca under the special 
election of the 24th of Mar. In the firat case the 
decision of the Governor was reversed, and the 
seat awarded to tho candidate who received the 
higheat number of voloa at the election of the 
SUth of March, and from whom the certificate had 
been withheld by the Governor, upon tho ground 
of irregularity in the election and returna from 
one precinct, the eioluaion of which poll gave 
the majority to the opposing candidate. In the 
other an coses, the sitting members were depriv- 
fid of their seats; and me candidates receiving 
the highest number of votes at the general elec- 
tion on the 3pth of March, were awarded Ihdr 
places, upon the gronnd that tho special election 
on the S4lh of May was illegal and void, the Gov- 
ernor not being enthoriied. by tho o^anic law 
ot the Territory, to go behind the rotnrus, and 

ride the eiec'" 

B minority r 
^^ Bad prolesfs „ 
majority, and afflrmstharighl of the sitting mem- 

. Bie governor's certificate was not merely prima 
faat evidence, but was conclusive, in respect to 
the rights of all oldmants and conteslaHts ; and 
cence the house eould not go l>elund the certifi- 
cates of election to inquire wheUier there had 
been a previous election in those districts on the 
30th of March, and who had received the highest 
Dumber ot Wal votes at thai election. The 
proposition is thus stated in tfaa minority report : 
" I cannot agree that this body has tho risht to 
go behind the decisions of the gOTemor, who, by 
virtue of bis office, is the orgamsing federal arm 
of the general govermnent, to ev^ve and man- 
age a cew government for (his Territory, lor the 
obvioue reason that Congress makes him the sole 
judge of tho qualifications for membership." It 
IS true that the minority report, alludes to " evi- 
dence before the committee ot great deficiendos, 
not in the term nf conducting the elections, but in 
the manner of holding them, both aa to the quali- 
fications of the judges who presided, and (he re- 
turns made out by them," and says there is 
" no doubt that these illegal proceedings on the 
one hand induced tho governor to wilWiold ecr- 
tificaf ea from some ivho, from the number of veto 
returned in their favor, might at the same time 
appear to have been properly elected, and on tho , 



other, to have bean the ground on which he 
sented a certificate in one instttnco, and in 
otjier ordered a now election in referenc 



affirms the ririit of the gove 



IsaSi 



etIpaJo uTQgulari 



ogo bt 



■'E 






gal voting at the election, as well as dcHcien 

m the forma of the retams, and asserts Uiat he 
did exercise this right in each case in whidi ha 
granted or withheld a certificate, it mnialalnB 
that the governor's decisinQ, as eviaced by his 
certificate, was final and conclusive and could 
not be rovietved, much less reversed, by cither 
branch of the Territorial legislature. So far as 
the guestioD involves the legality of the Kansas 
legislature, and the valiiEty of its acts, it is en- 
tirely unmaterial whether we adopt the reasoning 
and conclusions of the minority or majority re- 

Krts ; for each proves that the legislature vrss 
jally and duly constituted. The nunority re- 
port establishes the fact, by the position that the 
governor's certificate was concluwve, and that 
he granted oortifloates to ton out of the thirteen 
councilmen, and to sevoateen out of the twenty- 
six representatives who finally held their seats, 
which was Inigely mora than a quorum of each 
branch of the legislature. The miyority report 
Establishes the same fact, b; the position tha 
after going behind tha govemor'a certificati 
and carefully examining the facta, they con 
firmed those same ten councilmen and seven 
l«en representatives in their seats, and then 
awarded the acuta of the other three councilmen 
and nine representatives to the candidates whom 
they believed to have been le«i!ly elected at (he 
general election on tlie 30th of March. 

The house, by Hghtocn votes in (he affltraative 
' '' "~ the uBgafive, passed a 

„ dnlyelected oi_ .__ 

30lh of March, 1S55. are entitled to their acats as 
members of this house." Whereupon four of the 
sitting membera, whose a'eats were vacatud by the 
adoption of the majority report, aigned a protest, 
andTaakod that it be spread on the journal of the 
house, which was accordingly done in the foUow- 



"Ws,the nnilMiieneii. n 



of the Hoai 



turning " house bill entitled ' J_ _ 

the seat of government temporarily (o the Shaw- 
nee Manutd Labor School, in (he Territory of 
Kanaas.' together with his oluections." While 
the governor, in assigning hia reasons for return- 
ing flie bill, labors to prove Uiut tho leglalature 
h^ transcended its authority under (he organic 
act, in adopting this particafar measure, and ar- 

6ues against its eipedicDcy, on the score of tha 
>ss of time and money in removing to a differ- 
ent place during the session, he clearly and dia- 
tinotly recognizee the council and honso ot repre- 
sentatives as constituting the legislature of the 
Territory of Kanaas, eleotcd and orgaiuzed in 
conformity to the act of Congress creating the 
Territory, 
The reasons of the governor ibr n 



wGoogle 



THE STRUGGLE FOE SLAVERY RESTRICTION. 

■aa Bprcnd upon the joarnal, and upon re- legielBtiire, refusing to eiamine IheE 
leralioDjtwaspoBBOdbyatwothirdB'vote a view of either approving or dii 

' ' ' --1.1— -T— theiB, Ihey appointed a joml oommil 

two bouses to dranght a memorial tt 
of the JJnited States, aakiag h 



bili, 
conaderati 

came the 1- .. 
govomor (o thi 

On the eamr 
adopted hj bi 

••liwalvtd bj 
TenUerf ^ K, 
TbBl tba l>giali 



withBtaadiog. 
/ rae louowing resolutiini h™ 

Boutc «r Srpracnialiva of Iht 

Aad on the same day the following resolution 
W£a also ajlopled by both houseB: 

" HMo/cnJ. ThBtBComnilltaBorihteBlie sppotnWd 
on the patl of the Council, to act ia cocjnuiMioD nith 
n CDnimitt.« on the pirt of the Hou'e ot RtpreeeoU- 

MMUKWsbor Sc^iol, in the TerrLlorjf of Ksnua," 

On the IGth of July, the two houses nssijmbled, 
in purenanoeof the a^onrnment, at the Shawnee 
Manual labor School, known as ^wneeMieeion, 
and proceeded to the discharge of their legisla- 
tivc duties. In the mean time the Governor had 
dso raptured to Shawnee Mission, it being the 
place of his reradonce in the Territory, and the 
«eat of the eiecutivo ofBces as eetabllshed a ' 
continued by lumself, daring the whole period 
osercieed the eieoutive fnncdons. 

On the 21et of July, a mosea^ wbb reedved 
&om the Govcfnor, by his private secretary, Mr. 
Lovpry, directed " To the House of Represer'- 
lives of the Territo""-" " - — ■- -'^'-'- 

ongioated, the bill 

chance, within aneniile'of^e Shawnee Manual- 
labor Sijioal, in the Territory of Kansas,' and 
the bill entitled 'An act to establlah a feiry at 
the town of Atchison, in Kansas Terrilorv,' 
without my approval. I see nothing in the bills 
themselves to prevent my sanction of them, and 
myreasonsfor disapproval have been, doubtless, 
anticipated by you, as necessarily resulting 
&om flie opinion expressed in my message oT 
the 6th instant." 






ichick a 



of k/ntii't'o' 

Ue doea not question the fairness and legality 
of the election of the members composing the 
legialotore i nor the regularity and validity of 
their orgBOiiation i nor their competency as a 
le^latnre to pass all laws which they may 
deem necessary and proper for the best inleresta 
of the people of Kansas 
at tbt right piaee. Upi 



raided it shall be done 



livia the office of governor; Y 

was signed by the presiding ofnobiB ami uieui 

revieTring the causes which had led to sucl 
serious difficulties, and vindicating the right ol 

the legislature, nnder the organic at' ■ 

'^' ---' of goven — ""• ^-'-™ ■°'"- 



irilhesof the mijoriy of Iha oiliien. of the Torrllorr 

TBrrilorj J bj socoHrtging ^l-BUDl to liolatB the law! 
of the United Stat*!, ind ael St deflsQce the eom- 

sncj » rem"" Ine slid T^ RwdeffrOT/tho 



•mbtrisfbo 



ISfgned bg the efflccri 

On the 15th of Angual, Governor : 
dressed a note to Ibe Departmeni 
itnowled^g the receipt of " 



of State, 
lunication 

„ , , ..nderdate of the281h 

July, m which he was notified that "in conse- 
quence of your [Governor Keeder's] purchaae 
of Kansas half-breed lands," and " more espe- 
cially the undertaking of sundry persons, yoni 
self included, to layout new cities on militar 
or other reservations in the Territoiy of K 
BBS," and "more particularly, aa you have si 

moned the Legislative i-.----.v.'r„_:. 

to meet at one of the 



in military 






■ i<7 bill that mar be pnsaed ; ij 

In conclusion the Governor says: 
■■ If I sm right in theie opinions, sod our Ti 
shsll dorlve no trails from t^e meeting of the 

fi^^o (.('reM^ctfog th»l I called Ihe ettei 






rferred to, deno 
minated in yoarofflclal piuciamation 'Pawnee 
City,' I have, therefiure, by the direction of the 
PreMdent, to notify you lliat your functions and 
authority as Governor of the Territory ot Kansas 
■re hereby terminated." 

On the IBth'of Ausust, the journal of the 
House ofEepresantatives says: 

•' The following message wss reoeiTei ftom Oovar- 

" To the hinurahlt the mtnibiTt of the Comtcit and 

Boute ^ RipracliUitet ^ Iht Tcmmry aj Kanaai: 

"flBiiLsil»» : Allhongh, la mj mMsage to jonr 

bodies nnderdnte of the 21st !n.Unt,<olt^)Ist.led 

iii^"sllh"agh that oj^nion ttiU '*^'^" ^^°^^1^^ 
•oii hodj, »nd the Mllepsswd bj jour hooeee hsva 
been on to this tlm. wnt to ma (or epproTil, it ie 
proper ibst I thoold Inform yon th.tsfler yonrul- 
journmBntof ysstsrday 1 rocaiTed offlcisl notifleation 



Inaamnch as Governor Rooder dissolved his 
ofScial relations with the leeislaturc, and denied 
the vaUdily of thrar acts, solely upon the ground 
Uiat they were onaclcd ii the trrnrig plaa, it be- 
comes material to inquire whether it was com- 
petent for them, ander the organic act, to reroova 
the sefci of government temporarily trom " Paw- 
b?MK!hea of UlB nee City" to the Shawnee Mission. The S4th 



.Google 



THE KANSAS-NEBRASKi STRUGGLE. 



101 



idea " that the 



MCtion of Iho oi^nni . 

legialntive power of the Territory; 

to all Tizhliul enhjucts of legislatii 

with tbeConHIilutlonuf the Uuiled Stales aad the 

proviaioiiH of this act." 

Tbat the lucation of the seat of government, 
and ilie changing of the name whenever the pub- 

• rightful autijeci of iegislation/ia too plain to 
Bdniil of argument; heuco the power i» clearly 
included in tbie general grant, and may be eser- 
aeed at plaBsore by the legiftlfttui-e, unless it 
eball bo made to appear that Congresa, by some 
Other proviaion, has impoaed leatrictiona or con- 
ditiiina upon ita.eicrcise. 

The thirty-arat aeclion of the organic act pro- 
vides " that the temporary seat of governiQeut 
of »ud Territory ia hereby located at Fort Leav- 
enworth ; and that suoh portiona of the public 
buildinga as may not be actaally uaed and need- 
ed for military purpoeoa may be oocnpiod and 
uaed, under the direction of the governor and 
legiriative assembly, for anch public purposes aa 
may be requii-ed under the provisions of lliia 
act ;" and the twenty-aecond eeetion of the eame 
act pruvidee that " tbe persona thus elected to 
the fcgislative aasembly ahall meet at euch plr — 
and on snch day as theEOvemor shall appoii 
for the Grat meeting. These two provisions, 
of Iheaame act.aud having 
inie BUlyect-inatler, ■ ■- - 



to the Bsnie aulject-inatler, must be° taken 
gether, and receive such a conetiuctioa as wi 
give full effect to each, and not render eitht 
nnaatory. While, Iberefore, the governor was 
authorlEBd to convene the iegislatnre, i- "■" "~* 
inaCsnce^ atsucb place as he should api 
be was required, by that provision wE . 
Fort Leavenworth the temporary seat of goi 
- —-''- "-- ---w of using '" 



of Fort Leavenworth, but for the fact that on 
the 3d of March, 1855, and before any portion 
of the money had been espended, or even the 
site aelected, Congreaa' made a further appro- 
nation of twonty five thoufaud dollars for pab- 
bnildiogs, with the proviso "that ssidmon- 
y, or any part thereof, or any portion of the 
_ioney heretofore appropriated for this purpose 
ahall not be expended until the legislature of 
id Territory shall have fiied by law the per- 
inent seat of goTemment." This provii 



dy possess i for thf 
grant, esteiiding to all " rightful subjects of 
iegislaUon," neceaaarily included Iho right to 
determine the place of holding its sessions. 
The object, as well as legal effect, of this pi^ivi- 
sion, was, to restrain the governor from expend- 
ing the appropriation ontil the voice of tbe 
people of Kansas should be expressed, through 
their legislature, in the selection of the place ; 
leaving the governor to perform bis whole 
duty nnder tbe 22d aection of the organic act 
by appointing the ^lace and day of the firet 
meeting of the legialature, and of eipendii^ 
the money appropriated by Congress tor the 
erection ot pnbUe buildings, at such place aa 
the legislature should designate for the perma- 
nent aeat of government oflhe Territory. 

Under this view of tlie sulueet, it is evident 
that tbe legislature was clothed with legitimaW 
authority to enact the law in obedience to which 
its session was Eijjourned from Pawnee City to 



ment, with the ^ 



le of the publi 

buildings, to designate as tilie phice some one ol 
the publib buildings within the miUlary reaervs 



pf Fort Leavenworth. Had n 
.meantime, inter. " " " 

presented, the governor wi 

A ..... ■- — convened 

it any other place in 



interposed and changed th 
■e presented, the governor would not 
auuiorized to have convened the legiali 



.r plac 



id that iti 



_. * City," nor at any other 1 

Territory than some one of the pubuo buildmi 
at Fori Leavenworth, as provided in tbe orgaa 

In view of the fact that the Secretary ot War 
had intimated an opinion that all of the pablie 

^ tti Fort Leavenworth were needed for 

■ ■ it the (pcation of tbo 
1 temporarily, within 



buildings Si 
at of gi 



the II 






military law m 






nt, if n. 



sarily prei 



where 



ppropriation bill of the 5th of August, 1854, for 
be purpose of enabling Ibe governor to erect 
luildings for the temporary seat of govemmeiit 



listent with the 
furnish a snffi- 
idings at Vi 



the Territory ; " Thai, in tbe e 
retary of War shall deem it ino 
interest of the military service 
raeut portion of the military b 
Leavenworth for the use of the Territorial gov- 
ernment of Kansas, the sum of twenty-five thou- 
sand dollars shall be, and in that contingency ie 
hereby, appropriated, for the erection of poblio 
builduiga for the use of tiie legislature of the 
Territo^ of Kanaas, to he eiponded under the 
direction of the governor of aaid Territory." 

Under this proviaion, taten in connection 
with that clause ot the organio act which au- 
thoriied the governor to convene the leeislatore 
at such place aa he should appoint, he would 
have had the right to establish the temporary 
seat of government and erect the public build- 
inga at Pawnee City, or any other plf" ' " 
ansht have selected in the Territoij, i 



validity that they would have possessed bad not 
the removal taken place. 

Those who seek to find some tenable ground 
upon which to destroy the validity of the legisla- 
tive arts of Kansas, seeing that the^ cannot 
sately rely upon the allied iri-egnlarity of the 
elections, nor upon the afeence of legal anthori- 
ty in the legialature lo remove the seat of Goy- 
emment, flatter themselves that they have re- 
cently discovered a new fact which will extricate 
them from ibeii diSculty, and enable them to 
accompli^ their purpose. It ia, tliat by the 
treaties of November 7, 1825, and ot Aagust 8, 
IS31, wilh the Siawnees ot Missouri and Ohio, 
a large tract of land, inclnding the Shawnee 
Hiasion, where tbe legialature held ita session, 
and the governor established the eiecutive of- 
fices, waa secured to those Indiana, with the 
guaranly on the part of the United States " that 
laid lan^s shall never be within the bounda of 
any State or Territory, nor aubject to the laws 
thereof;" and that tbe 19th aection of the Knn- 
sas-Bebraaka act provides that " nothing in this 
act contuned shall be construed to include any 
:eiTitory which, by treaty with oi 






nsent of said tribe, t 



tion of any St 
ritory shall bi 
and conatitut* — 
sag." Opn the . 



ff Territory ; hut all such ter- 
^epted out of the boundaries, 
part of the Territory ot Kan- 
iUthority of theae clauses of 
, of the act of Congress organ- 
izing the Territ<ffy, i^ is assumed that the 
Shawnee Mission, where the legislature enacted 
Iboae laws, was not within the limits or jurisdic- 
tion of Uie TeiTitory of Kansas, and hence they 
were null and void. Without admitting, • 



ittention of the Senate to the" fact recorded 
on its journal, that on the lOtti of May, 185*, 
(only a few days befi " - - '■ " 



eas-Hebraska act J 



>f May, 1 

■6 the pKBsflge ot the 1 
. treaty was made witb 



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102 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



these same IndloDs, by the first article of irhlcli 
nil the Innds ^sDted to them by the eoid trea- 
ties of 1825 nnd 1831 were ceded to the United 
8lnte8,(uid, being tliHs esemptedfrom the ope- 
ration of the gaaranticB in those treaties, were, 
by the terma of the oi^anic nd of Knnsan, in- 
cluded within the Ihnits, and rendered eubjeot 
to the jnrtediotion of said Temtanr. 

The second article granted tUe house in 
I7bich the legnelatare altenrards held its ses- 
sions, and the land nponwhich the house stood, 
lothemisBionaiysocietyof the Methodist Epis- 
copal Church South, in these words : " Of the 
lands IrinE east of the parallel Hnc aforesaid, 
there shall first be set apart to the miasiouarr 
society of the Uethodist Episcopal Church 
South, to include the impi«Tementa of the In- 
dian Manual-labor School, three sections of land i 
lo the Friends' Shavnee Xisbor-Bchool, inclndine 
the improvements there, three hundred and 

Baptist Union, to inclnde the improvements 
■where the auperinlendentof the school now re- 
eidcB. one hundred and sixty acres of land; and 
alsofive acres oflandto the Shawoee Methodist 
Church, including thomeeting-hoiiseond grave- 
yard ; aud two acres of lond Ui the Shawnee 
iaptist Chnrch, inclndiug the meeting-house 
and grave-ynrd." 
The other articles of the treaty provide for 

hundred acres to each Shawnee Indian, to he 
held BB private property, subject to such condi- 
tions as Confess shonid impose, and recogniie 
the right of the Ic^latura to lay out wads and 
pnblic highways across the Indian lands, on the 



Stat 



IS the law provides for their loea- 
rough the lands of citizens of the TTnited 
. The Rev. Thomas Johnson, who wos 



ot of the Kansas legislative council, and 
also ogeiit of the Missionary society of the Me- 
thodist Episcopal Church, to which flie lands and 
improvements belonged, authoriaed the le™- 
lature lo use and occupy Buch portions of me 
buildings of which he held the lawful possea- 

cise of their legisJative functions. 

Blithe facta, laws, and treaties, bearing upon 
the point, your committee are clearly of the 
opinion that Iha Shawnee Manual-labor School 
was a. place to which the legislature might 
lawfully ai^ourn aud enact vaiid laws in pursu- 
ance of the oreonic act of the Territory. 

We do not clecm it neoessary to inquire into 
the expediency of the removal ot the seat of 
government, for the reason that it caoEot affect 
the vahdity of the legislative proceedings. It 



measure were: flret, "the loss of 

valuable because limited) which our oi^unio 
law allots to the legislative session;" and se- 
condly, -' because it will involve a pecuniary 
loBB, in view of the orranEements which have 
been made at this place for our scc«mmoda- 
tiou." As an offset to the unfortunate circum- 
stance that the people of Kansas would be de- 
prived, for the period of ten days, of all the 
advantages and^protection which were expect- 
ed to result from the wholesome laws which 
the governor had recommended them to enact 

rn all rightful subjects of legislation, and to 
pccnniury loss which would be snatamed in 
oonaequeufiB of the removal from Pawnee City, 
the membeis of the le^latnre, in Iheir memo- 
rial to the President of the United States, asking 
him to remove the governor, state their reasons 

unneccaaaiy loss of tRree moutlis' time ofler 
the election in convening the legialature, and 



e was not a sDltahle place fbr them 
ind the resnit 



"Afterthe cont£_. __. __. 

known, he delayed the aE^sembling 
until the ad day of July— more than tUree 
months afterwords— and tbat, loo, when the 
whole Union was convulsed on account of al- 
leged outrages in Kansas Territory, and yet no 
law for the punishment or prevention of them. 
When at last they did meet, upon the call of 
the governor, at a point where they had pre- 
viously, in an informal manner, protested 
against being called, with an avowal of their 
intention tj> a^oum to the point at which they 
are now assembled, for the reasons that the te- 
qnisite accommodatlolie could cot be had ; where 
there were no facilities for communication 
with their families or constituenlB ; where they 
conid not even flnf • .... 



SOfOT 



dmg 



the Monday of our assembling, i 
completion of which theenlire Sabbath day and 
night was desecrated by the continual labor et 
the mechanics ; where, at least, one-half of thn 
mombcts, employes, and almost ail others who 
had assembled there for business or otherwise. 



. .. re cholera broke 
, noe of the inadequate food 
id when, nnder all of these 



lut. 



« governor himself had 



t considered it . 



mitted." 

Your committee have r 
part of their duty to exan 

enactment and prevision oi uiu lai^u tviuuiuui. 
laws adopted by the legislature of Kansas upon 
ahnost every rightfnl subject of iq;islation, and 
affecting nearly every relation and interest in 
life, with a view either to their approval or dis- 
approval by Congress, for the reason that they 
are local laws, confined in their operation lo the 
interna! concerns of the Territory, the control 
and management of which, by the principles of 
the Federal Constitution, as well as by the very 
terms of the Kansas-Nebraska act, are confided 
to the people of the Territory, to be determined 
by themaelvea through their represent alives in 
their local legislature, and not by the Congress, 
in which the^ liave no representatives to give or 
withhold their assent to the laws upon which 
th<^r rights and liberties may all depend. Under 
these laws marriages have taken place, children 
have been bom, deaths have occurred, (states 
have boon distributed, contracts have been made, 
and rights have accrued which it is not compe- 
tent for Congress to divesL If there can be a, 
doubt in respect to the validity of these laws, 
growing out of the alleged irregularity of the 
election of the members of the legislature, or the 
lawfulness of the place where its sosions n'ere 
held, which it is competent tor an}[ tribunal to 
inquire into with a view to its decision at this 
day, and after tlie series of events irhich have 
ensued, it must be a judicial question, over which 
Congress can have no control, and which can be 
determined only by the courts of justice, under 

When it was proposed in the last Congress to 

nesota, incorporating ceriuin railroad companies, 
this committee reported against the proposition, 
and, instead of annulling Sie local le^latlon ot 
the Territory, recommended the repeal of that 



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claoBe of the organic a«t of Minneaola which 
leaerrca to Congi'ess the i-ight to disapprove its 
IsiTs, That recomineudatian was based on tbe 
theory that the people of (he Tenitocy, heing 
citiieDS of the United States, were entitled to 
the privilege of self-eoverpment in obedience 

this right, they had made wlao and jnBt laws, 
they ought to be permitted to eiuoy all the ad- 
vantagea resultins firom tbemi while, on tto 
contrary, if they had made nnwiae and unjust 
laws, they should abide the coasequenceB of 
their own aj^ until they diseoyeced, sekoow- 
Jedged, and corrected their errors. 

It has been alleged that gross misrepreseuta- 
tioaa have been mode in ret^pect to the charac- 
ter of the laws enacted by the legislature of 
Kanaae, oaleulatcd, if not designed, to pieja- 
dice the public mind at a dietance aeainat those 
tdio enacted them, and to create the imjiies- 
sion that it vas the duty of Congress to mt«r- 
fere and stinul tbem. In view of the yiolent 
and iasurrecliona'y measures which were being 
taken to resist the 'aws of the Territnry, a cou: 
venlion of delegates, representing aJmost every 
portion of the Territory of Kaiuss, wae held at 
tbo city of Leavenworth op the 14m of Hoveiii- 
her, 1855, at which men of all shades of pulitieal 
opiniima, "IVhiRs. Deoioccata, Pro-slavery 
men, and Free-state men, all met and hara.o- 
niaed ^together, and foreot their former differ- 
ences in tJie common danger that seemed to 
threaten the peace, good order, and prosperity 
of ^ia community." This coDveDtio'n was pre- 
sided over by tbe goyemor of the Territory, as- 
sisted by a majority of the judges at. the su- 
Seme court ; and the address to ue cilJEens of 
e United 8tutes, among otbei distinguished 
names, bears the aignatures of the United 
etatea district attorney and marshal 6w the 
Territory. 

It is bat reasooahle to aasDme that the inter- 
pcetadon which theae functionarica have giyen 
to the acts of the Kansas leeislaturo in thia ad- 
^ss will he otHcrved iDUieic offijcial expogi- 
fion and execution of the same. In reterence 
to Qie wide-spread perversions and, raisregire. 
of those lawa, this address says : 
ri pss4^ bj ths tenKUCnn have been taoet 

IS*»078m(j.l»^'n"'thi>"a"riM"."Tlie 



THE KANSAS-NEBRASKA STRUGGLK 



I Siaug ;) bai whelber th)H lu i* leilad on liia pi 



tba fU(itiie-a1are liw. gr the Ksnau 

aallnige then aiy olhor lai Imlisl iij 
to .upply the tWTltorini tressnry win 



" It bu slao tesD chsrged igaiott thekgliislure that 
isTB. ThiaimiithDutaDy [DundiiiDD. Tli«y electsl 

It all jean. By tha orgintc aet Ills cxinmii-iiom 
lorj all eipiroi dd the mdjonrnniBol of th» lojials- 



tj conuDigaioDan, (hniHk, etc.. sre nil temporerj ajt 
pmotmenta, tnd »ie tosda tlsctlva by the peopla st 






■-.e.r™bljt"™" 



f_^. un- 



ion. The right to paja .1 



a 



low Badoubttdjj sot upon UiequnUoBtos 
aod putlil Bitaot, aji4 iwy temponrilf prabi 

stuoluu or modlfiHl forn, irilh all tlu tOree snd A 
lectof soj ath« legUlsUie act. binding natil lapesl^ 

ins in Uia act itnair. tf hia bean chargsd. to pr^Taut 

ing on aocisty. Itl morality or oipedieDcy, orwhethei 



lion of tha Sla™ry quaayno?ia"sn? MpfCt la »h^ 
t ia Mpsbls of being con^dered. We do net oiab (o 



B^of the vartoai ai»la ItglJiatnraa. The remeij- 
which. soon.r or later, la a gosernment lite ourt, all 

A tew days after Governor Eeeder diaaolved 
his official relations with the Icgiaiature, on ac- 
count of the remoyal of the scat of aovemment, 
end while that body wna atillin seasmn, a meet- 
inff was coiled by " many voters," to assemble 
atXawrcnce on the 14th or 15th of August, 185i 
" to take into oonsideration the propriety of 
calling a Teiritorial convention, preUminary to 
.u, p. »i™ .t . o..». ^venunent, end othor 



ubjects of pt 
he foUow' 



preamble and n 



tss 



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THE STRUGGLE 5 OB SLAVERY EESTRlCTlON, 



f ™b^ «" npu"'"' reqne.l ill bam Jilt ciliiau'i of 






ticnlarlj njriiQ that llMfnB Teftwnce toth* ijBtdy 
tbrmiition ol a Etuis conttltutlDn, with (D iiit«llCii>a 



aeriee of proceedinps wMch reBoltett in the 
adiiplion of n eouBtilnlioD nod State govern- 
ment, to be pnt in <nieralion od the 4lli of the 
preeeot month, iti snbTersion of the Territorial 



eovernment eBtaWiahed tinder the BUthority of 
CongresB. He riKbt to «et up Ibe State eov- 
emmeat i]i_defisnce pf the conetituted uuthoii- 



tiea Df^eTeiritorr.isbaBedon the>»BiDption 
"thftt the people of Kbiibbs Territory bave been 
irineo its eeltlenient, and now 
law- making power;" in ttie 



._.. „, jf the welf- 

kixoTn fact, that the Territorial legislature 
iu BeBBion, in puiBuance of the procla- 



■wuuiviuiciuor Beeder, and the organic law 
tbe TerritoiY. On the Sth of September, - 
'erritorial delegste Miuvention" asaembled e 

„._oieBot, 

ong others, the following Ci 

'• Setel'iita, That thia OonteDtioi 

KiDSH, ti> )w b»ld El Tepfka, on tlie IBita iuatant, to 

0™'li"tion. snd'inch id>1i«b u ntj- legitimsttlj 

■■ Reiolvall ihu v< ow» ns allegiiiHB or obBdiaDM 
tothXrniiniFiU PDictrntDU o( tbiB •pnrKHiB legla- 

torcv upon lh« Moplfi of KaDlHP i and thai btbit fne- 
maa anmag oa !• ai Aill lihtitj, eoBBiBtanClr with hla 

"Ratlnd.lhi 



itii, and bitinK 
and ebewin? it "iUthoagh somewhat matilated 
bythe " tooui |Hinte," it bears intemal evidence 
ot being a eonaiiie doeameDl. anthenticnted bv 
the origin^ sienalureB of " O. W. HutchiDson 
grand generil7' and "J. K. Goodwin, grani 
quartennaster." On the last page was s charter 
of the Kansas legion, autb<mzing the said 
George F. Warren, from whose month the docn 



!r qf lie Kamia Legion, 



— ^o.' — ^™Oie IU»««^tBgf o» ;^ anil, u ii 
AuthoribT and priTLjeg«B i 

i^ht bandltd and flCtJi-Bi 

" ~. HUTCHINSON, 






If AnguM, m 
J. HUTCHINSON,^ 
I. E. GOODWIN. 







:osp«tot 



Dline uf Toloi 
With the 1 



a diBtinct nnderstanding of 
the meaning at bo much of this reBolution as 
relates to Qm " organizadon and discipline of 
volunteer oompanieB, and (be procaiement ani 
preparation of anuB," it maj be neceesarj ti 



e, that there w 



Territory a secret military organization, i 
had been formed fbr pohtical objects pri 
Hie alleged invasion at the election on Qie 3(Hh 
of Harcb, and wbictl held its first " Grand En- 
campment at Lawrence, Pebruarj' Slh, 1855." 
Your Committee have been put iajiosBesBion of 
a small printed pamphlet, containing the " con- 
atitnlJon and ritual of the grand encampment 
and regiments of the Kansas legion of Kansas 
Territory, adopted April 4th, 18M," which, dur- 
ing the recent disturhancea in that Territory, 



(Iter inch nemlnations >bi11 ba» bem mada. thB 
firind Qenml sbsll mmmank^ata the IHult lo er«f j 



The officers of the "Gbimd Encampmebt- 
ore, Grand General Ber. G. W. UDtebinson, 
Lawrence, K, T. 

Grand Vice-General, U. S.. HoUidav, Topeka, 
K, T. 

Grand QuarCcranaater, J. K. Goodwm, Law- 
rence, K. T. 

Grand Paymaster, Charles Leih, U. D., Lea- 
venworth dly, K. T. 

By "the cODStitatioo of the sBbordinate en- 
caoipment," "the officers of each snbordinate 
reriment shall consist of a eolone!, a lieutenant- 
colonel, a quartermaster, aid, and two senUnels. 
The rc^ment located in each and every election 
district, shall mako nominalionB for oU candi- 
dates for oCBcea in their respective districts; 
but where there shall be two or more regiments 

these nomiaatioBB aliall be made by delegates 
from tbe icapecUva encampments within said 



ind modes of proceeding in (he subordinate 
incampmenl, under the following heads: 
lat. Keading the minutea by the quarter- 



4th, Initiation of recruits. 

6th. Reports of commilteeB. 

6th. UnfiniBbed business appearing o 



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THE KANSAS-NEBRASKA STRUGGLE. 



?itioDy" of the subordinate 



da.ol.ini unoD uiu 
ToMd loluiilca. pii 



•■Aid. (il 



-in Ihe MntluBla aC their poet^ with 
on will Dow »t[4i. Ihe troopi in 



Tour 
give th 
of lie 6 



i deemed it iroportSDl to 

" MmBtitution and ritual 

mi and re^mtuts of the 

-- .p,' — ( — — nstitnting the secret — 

ion, politics! and military, in obediei 



Then follows tha proce«B ot initiating new re- 
cmitn, who are properly vouched for oy mem- 
betB of (he order, (be preliminary obligalione to 
obserre aeerecyj the catechiem to whieh tbe 
candidate ie subjected, and the eiplanatjoos of 
the colonel in respect l« the objects of the order, 



JwfllD tlltu 



is thus adminis- 
am psrt »» ghiU 



In 



;,"t^ii 



L will ne.t 



id then 






iDd III Dtberi. 

being .ipelird from ttaia orglmiMlioD, Qf E«ln/mj 
■DtDU aa ■ i..rjurer beibro Heivea. »nil'» Ir'iS^'w 

angel., and at^on^ bj Godf" °" '' ""' ™ ^ 
The " closing ceremony" ia ae follows ; 



indent govenunent 

ithority. 

The same pnrpose ie clearly Indicated by the 
other proceedinia of Uiis couvention, in which 
It is declared that " we iritli acom repadialB 
■' i elacKon-law, eo called," and nominate Oov- 

lor Keeder for Congress, lo be Toted for on a 

ferent day from that authorized by law, at 
.. election to be held by judgea and clerks not 
appointed ia pursnance of aay legal autliority, 
aud not to be HiTOm by any person authorised 
by law (a administer oalha ; and tbe returns to 
be made, and result proclaimed, and certificate 
granted, in a mode and by peraoas 
to perform theae acts by any law, ii 
Territory. 

In accepting the DDminatioD, Ooiemor 
addreased the couTention as foUowa ; and, 



ud encampm 
. .. ieK"},"." 

Smiaation, politica, 
which the public demonstrations have beeu 
made to subvert the authority of the Territorial 
government established by Congress, by setting 
np a State govemnient, either with or withont 
ttie assent of Congrese, as circumstances rfiould 
determine. The eudoraement of this military 
organization, and the recommendation by thi 
Bi^ Springs convention for "the procurement 
ana preparfttiOD of arms," accompanied with 
the diBlmct declaration that " we wiU reaiat 
them [the laws enacted by the Kansas legiala- 

that peaceable remedies shall fail, and forcible 
other interprei 



ws, and CongiesB shall rcfuai 
s as a State with the conatiti 
at Topeka, they wiU set up ai 
" '-'=-- =e of the 



^ral 



utoflha 



msof their grie 
;B.i».dth.t,dB 

.urning-po^t. » ma 









poa a fiae and enlightened people, 

t of other and [ryini dsjs, and ha.e 
.id the bliuting. orubertj. to (ul>. 

I been trte, could "um". Butaut iS 
K bg s HUve. 

Prsf-SWle men of Kanau to forget 
, and pgnae dctennlusrllj ih. on« 



. SentI- 1 tjuuwicatiadni 






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THE STRnGGLE FOR SLAVERY EBSTEICTION. 

liK&t of toe people. 









rt dF aa drewlful ai 
I appral to snni con 
e wollpiflphred, tiial 



In purenanoe of Iho reooroTneDdation a 
mass meeting beld at Lanrence on <bo 14 
AuBUBt, and endoraed b j the convention li( 
the Biff SprinEB on the 5th and Gth of September, 
a convention wftB held at Topeka on the IStt 
and aOth of Septenibe:s at' whioh it was deter 
mined to hold imother conrention at (he sami 
place on tlje fourth Tuesday of October, for th< 
pnipose of fanning a couBtitution and State 
govemtnent! and Vi this end anch proceedings 
__,„_„ v*j -„ ^^*» ja»^^.j ■^'^ceaaary for giving 



Ihe 

gatea, mnking the returoaj and 
convention. With regard to fl 
these proceedings, jour oonimii 
cessity for further criOcism (ha 

:_ .,,,<.._. ,!..» :. _^g [],,; IB 



It of a 



pwed purpose of ovctthrow- 



pleof 

thorities, for tbe a-9 
ing the territorial ^ 
Congress. 

The eonstitutioosl oonventioi 
on the fourth Tuesday otOctobe 
by electing Col.' J. H. Lane pi 
returning hia acknowledgments 
repudiated the validity of the territorial 



let at Topeke 
[dent, who, ii 



n tbesi 



words! 



-/Vtday, Oe'olitr SB.— Mr Smiih offered 1 
" StKlntd. That tliB vuiom comioltlees 



raote. to pnclicall; a; 






Som out preaenl unhappj coDdition." 

H but just to state, that in another part ot 
ame speech, Mr. Einerv declared himaelf 
ledtoan immediate el 



„ ^ ,it shall be pat in motion, irre- 

epeciive of the action of Congress, npon duoap- 
plieation for admission. Mr. B. ^sented hia 
oljjectionB to the position ot Mr. Smilh, and 
luaintalned the views above indicated. Ha 
contended that, inaamuch as the Tanitocial form 
of govBrnment was recognized by (he Supreme 
Court of the United States, and hence a legiJ 
form of government, no other government couid 
be aubsfltnted so long as that was in eiiatenoe, 
without risking Iho most sonous oon-^equenoeB, 
to say the least." . ..... 

In reply to the advocates oC immediate State 
orgauisafion, Mr. Delahay, of Leavenworth, 



l^r^olonei'SfTa' 



^^p'^S'^ 



ff otttd aot ISKre 



ment^idea o( the oi 



ommittee have made these voluminoua 
from the beat authenticated re porta 
ley have been able to obtain of the 
of the convention, for the pnrpoeo 
„. showing that it was distinctly qnderstood on 
all sides that (he adoption of the proposition for 
organizing the State government, before (hens- 
sent of Congress for the admisfion of the State 
should be obtained, was a decision in favor of 
rouudiaOng the laws, and overthrowing the Ter- 
ritorial government in defiance cf the authority 
of Congress. By this decision as incorporate 
into the Biihedule to the constitution, the *ole on 
the ratification to the constitution was to bo held 
on the 15th of December, 1856, and the election 



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THE KANSAS-NEBRASKA STRUGGLE. 

[ijc a!l Stile offieprs on tSo ihird Tuesdny of Jan- 

al8j6. The third eeetioa of the echedale ia 



iminnBlUe! of ci 



itj Df Usrab. k. I). 1856. at tbe cLtf of Topeka. at 
and cldrlmrBupreme court, and attorn ey-generBl.Bhsll 



The elections for all theae offlcera were held 
at the time specified ; mid on the fourth da; uf 
the preaent month, the new government was to 
imye heen put in operation, in oonSiot irith 
the Territorial government eetaWished by Con- 
greaa, aod for the avowed purpose of Bubverting 
and overthrowing the Bame, withoat reference 
to the setion of CoDgrcae n|>uii theii applicD.- 
tiou for adioiasion into the Union. 

Your committee are not aware of say case in 
the hietorv of our own country, which oan be 
fairly cited ae an exaniple,machleaaajuatiflca- 
'- — '—thtsieeitTaordina^proOBeiiingB. Caacr 



ling the previous aasent of CongresB 



I. Hich^an, Arkan 



iT or THE Ukitkd 
a, Florida, and Cali- 
fornia, are Bometiinee cited aa caaes in point. 
Hichigaa waa erected into a Territory in pur- 
Buance of the ordinance of the 13th of July, 1787 
ae recognized and carried into effect by acta m 
Congreee guhsequoBt to the adoption of 
Federal Constitution. In that ordinance it ' 

Bflvided that the Territory northwest of the 
hio river should be divided into not less than 
three nor mora than Are Statce ; " and, i ' 
ever any of eaid States shall bava sixty 
sand free mhabitanta therein, auch State 
be admitted, by its delegates, into the Con 
of the United States oa an equal footing 
the original States in all reepeots what 
and ahall be at liberty to form apermajienl 

In pnrauaDee of this proviaion of their oreasic 
law, the legislature of the Territory of Michigan 
poisod an act providing for a convendon of the 
people to form a constitution and State govern- 
ment, which was accordingly done in obedience 
to the laws and constituted authorities of the 
Territory. The legislature of the Territory of 
Arkuiaae, having aacertained by a eenans that 
tbe Territory contained abontfiHy-one thousand 
eight hundred inhabitanta, at a time when the 
ratio of representation in Congress awarded one 
representative to eacb forty-aeven thousand 
Ecven hundred inhabitanta, passed an set an- 
thoriaini! the peoi)!e to form a constitution and 
ask for admission into the Uniou, as they sup- 
poeed they had a right to do under the treaty 
acquiring the Territory from France, which 
guarantied IhOT admisBion as aoon aa cnay be 
coneiatent with the Federal Conatitutjon. Upon 
this point your committee adopt the legal opin- 
ion oTihe Attorney-General of the United States, 
(B. F. Bntler,] as espreased in the following ei- 



v^mUlea. fur the purpose of petilfouhig Congrcpa to 
kpm into the UuJDTi aa an iadepADdtDt atal«. The 



Oct to It; jiroTided, alwajin that auch jb^aaurea 
im«DCed and proaecatod id a pcacvsble iD,inD«r> 

at, and Id aaCkre aubsarrlencj to the poifer of 



ngnai. will b* m 
I TaniHrial gov» 
alirofatad bj Cc 



.__ t Florida 

addressed a memorial to Confess, in which 
they state that, m 1337, ths Teititorial council 
pasaed a law submitting to the people the ques- 
tion of "State" or "Territory," to he decided 
at the election of delegates to Congreas ia the 
montii of May of that year ; that a decided ma- 
jority of the suffr^es given at that election 
waa in favor of " Sate ;" that the legislative 
council of 1838, in obedience to the eipressed 
wiahes of the people, enacted a law authoriz- 
ing the holding of aoonyention to form and 
adopt a State oouatitution ; that the conven- 
tion assembled on the 3d of December, 1338, 
and continued in seeuon until the llth of Janu- 
ary, 1S39! and that, on behalf of the people of 
Florida, they transmit the " constifufion, or 
form of government." and aak for admission into 
the Union. It is also stated in the memorial 
that ia 1838 a census of the Territory waa 
taken, in obedience to a law pasaed by the Ter- 
ritorial council, and that this censna, although 
taken during the ravages of Indian hostihties, 
when a large portion of the inhabitants conld 
not be found at homo, showed an aggregate 
popolation of forty.eight thousand two hundred 
and twenty-three persons, which the memorial- 
iata ineisted fumiahed satisfactory aaanrance of 
a sufficient population to entitle them to admi^. 
iHon, according to the treaty acquiring the 
country from ^ain, and the then ratio of repro- 
sehtalion, which awarded a member of Con^^ss 
to each 47,700 inhabitants. Congress failing to 
yield its assent to the admission of Florida for 
more than six years after this oonatitution whs 
formed and apphcation made, the people of Flo- 
rida, during all that period, remained [nyal to the 
Territorial government, and obedient to its laws, 
and did not assume Die right to supersede tbe 
existing government by putting into operation 
a State govemmentuntil the assent of Congress 

The circumstances connected with the forma- 
tion of thecouBlitution and State government of 



wGoogle 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



onrlroops, and tlieoivfl guvernment administer- 
ed by themilitary aaliorifiee under aewar- 
power. According to an offlois! commnnioation 
of General Peisifef F. Smla, acting govenior of 
California, to a committee of cifiiena of San 
Francisco, under date of March ar, 1849, with- 
holding hia "teoognition »4id cononrrence"* in 
their propoaifion " to organize b lenitive se- 
■embly. and lo appoint judges Bnd other minis- 
terial officers, ana (o enact euitahle laws to «- 
tablieh principles ot jnstioe and equity, and to 
give protecUon to life, liberty, and property," it 
appears that the President of the United State- 
IHr. Polk) and hig cabinet officially promulga 
red the following opimons aa the deciaion of flit 



government ciieting in CalUomis was a goveni 
meal de facta. 

and. Tftat it, of necessity, continue until Cor 
gresa provide snoUjer! beoBuae, if it ceaee, ai 
archy must ensne; thiis inferring that no powe 
but Congress can eetablish any government. 

It also appears, from the proclamation oi 
General Riloy, acting governor, to the peopl 
of California, dated June 3d, 1849, Ibat a gov 
emment de facto was constituted as follows : 








■■ Til the Peofti (f CWifti 


ta pua U<n or a loul chawir. FuuTtli. » .unrlor 
of foiTjudgn anif. fl«.J. Fifth, ■ pre/«t >nd ,nlf 
prefKt lor «»h dislricl. who u. ch.rgsd wilfa Cb« 

wiIhUuMoordittrietmwihiUiaad.hMiat. eiilfa ■ 


" TD« delegatu of tfaa peopis, atjin 
iifioliiisoothLiMn.tilnllun.M.lof 


general eleolion, are cIi^mIt sot tnrlli 
tbt irh«le euhjeci i>, therefore, l.ft r 

of that ^«), o?euh°diMric"'^' 


lodge of flf.ttn.l»nw,foK»didi.tri«.. Thitofflc»t.. 


in the H»c alcild* ot ili« dlitrtol. aeTwith, »L- 


pUcei for iipenLiig the poUa. and sLi 
He flecti.m. in eosoidince with the p 


aS^'JiT""]?- ll'^'""'\ ".«''"'■ '""' J""'™ "' 


" Thf people (re now tailed apon t 



On the 3d of April, 1849, President Taylor ap- 
pointed Tbomas Butler King agent, for the pur- 
pose of conveying important inatrnclions lo our 
militar]' and naval commanders who were in- 
trusted witb the administration of the civil gov- 
ernment ie fatto in California, and to mate 
known to the people his opinions and wishes in 
respect to the formation of a constitution and 
Stale government prenaratorj to their admia- 
■ion into the Union, what ttiese opinions and 
wishes were, are distinctly stated hy the Presi- 
dent in the followii^ extract &Dm his special 
meaaage to Congresa on the a3d of January, 






vouib^m 



atalw.fuima plan oTa Sin 
littheeame toCosgnu.wit 



in lu ehaneter, to be, at the ptap«c lime, enlimttted 
to CongreM, jei tt was to be diniinclij iindetBtood that 

0fiB^°"t> ""h ihettBClyoe, wilhoul the iatetfeiene* 

On the 30th of June, 1850, General Eiley, in 
his capacity as civil govemorofC^ifomia, re- 
ports to the government at Washington that : 

"On tbeSrdlnRfaqt.lleBued mj pTocUmatloa to the 



1 ; and pointlDi; OD 



idopted by the people, almoal 



led. logeiher with the Unnitdnlioo, lo a 
of the pooplo. In order that the win'jes o( 
of Catifoniia may be elearlj tod hllv ei- 
8. tile Con.tilniioB or plan af a Tet- 



I. Of con 



>« w,.ely mi, 



'. OilifomiH, this twelfth diy 
of our Loid eighteen hundreS 

S. A., tnd Gov'enur of Cali- 



:onventiDn and oi^anize a State 
ent, originated with, and libat all the pro- 
were Sad---'--- '*"-•■- - "-- -- 



fohold 

^nl, originated with, and 

Ihority and supremacy of the existing local 
emmentofthe Territory, under the advice 
with the approval, of the eiecutive govemi 
„. of the United States. Hence the action ol 
iul>. I people of California in forming their conatiti 
.... ._^ „.... . t, and of Congress ia 

he Union, cannot b^c 



! titici 



tting IbeStst 

ththe least show or justice 
ition or palliation of the n 

..-.j has established in Eani 
Nor can the insurgents der 



rolntio 



ir comfort 



wGoogle 



THE KANSA5-NEBHA8KA STRUGGLE. 



fram the poeitton sceamed b? eitbfr ptn? t 
the nnfortuaate controversy which aroBe in th 
State of Rhode lalnnd, a fuw years ago, whe 



eranted by Chariee the Second of Englai 

Btruggle assumed, as fandamental truths in o 
system of government, that Rhode Island w 



jyereign Slate in all that pertuned tc 
internal sffikirsi that the right to change 
tial -■■ ■■--*- -'■ 



_._ , that the right . . 

was on essential attribute of 

Lsnty \ that, inasmuch a» the chaFtcr unde 
iich the existing govp"''"-"' «'"■ ii™-»n;i» 



the people haS not delegated 
--'-' ly other tribunal, 



that right to the legislature 

it followed, as a matter of ijonr__, — 
retained it, and were at liberty to en 
I to them ahonld seem 






wSK'i 



e,jilat. 



□ecesaary to express i 



it deeming 

merits of that contruveray, it ia evident that ihi 
principles npon wliich it was eonduRted are noi 
involved in the revolutionary struggle nowgoing 
on in Kansas; for the reason, that the sove- 
reignty of a Territory remains in abeyance, 
suspended in the United States, ia trust for the 



.._ .1 self-goveroment, in subordinati 
to the Constitution of the United States, and 
obedience to their oi^anio law passed by Con- 
gress in pursuance of that instrumenL These 
nghts and privileges are all derived ii\im 
ConstitDtion, through the act of Congress, 
most be exercised and ei^oyed in snbiectia 
all the limitations and restrictions which that 
Constitution imposes. Hence, it is clear that 
the people of the Territory have no inherent 
--a right, nnderthe Constitnlion of the 



diffloiiitt.,, J — , _- 

lave been profoundly impressed with the aigni- 
icant foot, that eaeh one nos resnlted from an 
attempt to violate or oiroumvent the principles 
and provisions of (he act of Congress lor the or- 
ganization of Kansas and Nebraska. The leading 
idea and fundamental principle of the Kansaa- 
Kebraska act, as expressed in the law itself, 
was to leane the actual letlUrt and bena-fide i 
habitatUt of tack Territory " per/eetli/ jfrer 



inii regulate Ihttr domestt 



nince, may oe tnH.-eii uio origin and J 

of all the controversies and distnrbai 

■ith which Kansas is now convulsed. 
If these unfortunate troubles have resnlled, ai 
„atnral coneequencea, from unauthorized and im- 
proper schemes of foreign interference with tha 
internal affiure and domestic oonoBma of the 
Territo^^ it is apparent th^ the remedy mnst 
be sought in a Btnct adherence to the principles, 
and ri^d enforcement of the provisions, of the 
organic law. In this connection, vonr Committee 
'oel sincere satisfaction in commending tlie mes- 
lages and proclamation of the President of the 
United States, in which we have the gratifviog 
ace that the supremacy of the laws will ho 
Linedi that rebellioD will be crushed, that 
iction will bo suppressed 1 that aggressive 
on for the purpose of deciding elections, 
other purpose, will be repelled, that un- 
Ized intermeddling in the local concerns 
of the Territory, both from aiyoining and distant 
States, will be prevented; that the federal and 
local laws will be vindicated against all attempts 
of oivanized resistances and that the people of 
the Territory will l»e protected in the establish- 
ment of their own institutions, undisturbed by 
encroaehmBntJ from without, and in the fnll en- 
joyment of the rights of self ^vemment assured 
t« them by the Cunstilution and the oi^nic law. 
In view of these asBorances, given under Ihs 
conviction that the existing laws eonfor all tha 
authority necessary to the performance of these 
important duties, and that the whole available 
force of the United Slates will be exerted to the 
extent required for their performance, vonr Com- 
mittee repose in entire confidence that peace, 
and security, and law, will prevail in Kansas. 
If any further evidence were nacessary to prove 
that nil the collisions and difficulties in Kansas 
have been produced by the schemes of foreign 
interference which have been developed in this 
report, in violation ot the principles and in eva- 
sion « the provisions of the Kausas-Mebraska 
act, it may be found In the fact that in Nebraska, 
to which the emigrant-aid societies did not ex- 
tend their operations, and into which the stream 
of emigration WHS ponnittedto flow in its usual 



while the principle of self-government, in obe- 
dience to, the Constitution, has had fan- play, 
' is qnietly working 01 ' ' ' '•'--• "- 



It n 



r only r< 



r Comi 



n way, tuiject onijr lo 
^ the United Statet." While this is declared 
be "the true intent and meaning of the act," 
those who were opposed to allowing the people 



respond lo the two specific recommi 
the President, in his special messasfc. ^^^j — ~ 
aafoUowsi 
■' TWi, It ••ami to ms. an b« Imit aceomplltliKl by 

C riding tbat, irbgn lii« luhablMnU o[ Kanw msr 
lr« it. «rf alull ba at guffloicnt numbcn to cosiii- 
tota a Sti'tK a oaUTeDtian of dslifitM. duly alectsd 
by tha qnaliaed Toton, shall ssaombl* lo fi 
cnnilitutlDD. and tboi ^pare. througb i^il 






'a C^lon u a 



.hority of the Constitntlon, immediately i 

resorlad, in Ihour respective States, t« unusual " 

and extraordinary mcjins to control tho political ' 
destinies and shape tho dumestic institutions of 

Kansas, indeSance of tho wishes, and regardless j 

of the rights, of the people of that Temtorji, as i 

piarant^ by their organic low. Combinationa, 1 

in one section of the Onion, to stimulate an nn- i 

natural and false system of emigration, with the ( 

view of oonlroUIng the elections, and forcing the t 

domestie institutions of tho Territory to assimi- t 

late to thoaeofthenon-slaveholdingState*, were i 

followed, as might have been, fortseeu, by the I 



d.(nj.ii 



SUal 



compliance with the first recommendation, 
■ coinmiKce ask leave to report a hill author- 
( the legislature of the Territory to provide 
iw Cor the election of delegates by the people, 
the assembling of a convention to tonn a 
titutiou and Stale government preparatory 



wGoogle 



THE STRUGGLE FOR SLAVERY RESTEICTION. 

I, the Inwin relation tothsButue 



lature, that the Territory contains ninetj- 
tlioiiaand four imndcod and twenty iuliebita. 
that being the nninlKT required by the preBent 
ratio of ropresontation for a ineinber of "— 
groBE. 

Id compliance with the other recommondi 
)^)ur comiiuttco propose to offer to the apprt 
tioa hiU an ameudniont appropriating fiacb 
as Bhnll befonad nocceaary by tho cetimat 
tte obtained, fur the parpose indicated m th 
commendation of the Preaident 

All of which is rsspeittully subniittad t( 
Senate by your committee 



Mr. Collamer of Vermont the minority 
member of said Committee submitted the 
following 

MINOEITl REPORT 
VU'CSi/'lkeminorityBftheOamvnlteronTerr, 

rmai mctsage of the Pretident at relates to 
Territorial qffairi, the measage efthe Presi- 
dent of m/i Jattvary in rdation. to Kansas 
TerrUory and eke meiia/re of the President 
of (he IffiA Febmarn ta aiiwer to the resolu- 
tion of fheSe-nateoftke itk February, tela- 

Thirteen of the present prosperous StatM of 
this Union pBssed through the period of appren- 
tieeehip or pupiiago of territorial training, onder 
the guardianship of Congress, preparatory to 

reign and independent Slate?. This period of 
ili^Tr ntiniiHim mna i,> every canBj a period of the 
^ , and child, in the hind rela- 

tionship Eusttuned hotveea the national and the 
Tcrritoriai jgoverament, and may be remem- 



Tcrril 
havei 
and diseord, and tin 

his CI 



int8rfer< 



of 



,. ItTsbnt 



in all others of difficulty, i 
> inquire ivhat is the tme i 
>, in order to apply effe 
ipomy palliatives to deal 



and doT. 



It is 



ho suppressed by the lI'reBident, by the use of the 
nnny i and bo, t^o.may invasions by armed I 
from Missouri, if the ExecnUve be sinccn 
eflbrts : but when this is done, while the 
of trouble remains, the results will ccmtinu 



ttisBnWcot, in its tme character and , .. 

TVhoTBm docs this Kansas Tonitory differ from 
.oil onr other Teiritories, which have been so 
peaoofully and Bueeesflfully carried through, and 
been developed into the manhood of independent 
States ? Can that diiferenae aeconnt for existing 
troubles? Canthatdi^renoe.aeaoause of trou- 
ble, be rom<^ved 7 

The llrst and great point of diSbreace between 
tbo Territorial govemment of Kansas and that 
of tiio thirtcoa Territorial govemmonts before 
insists iu the subject of Slavery— 
._.; cause of pteseijt trouble. 
. ius ovuon of Congress in relation to all those 
thirteen Torriteriefl was conaucted on a nniform 
and prudent principle, to wit: To settle, by a 



e power' 



of slateryto ^ . . 

it rcmoinod ^ch; not leaving ic many one ot 
those cases to be a subject of confroverey within 
the same, while in the plaEtie gristle of its youth, 
Tliis was done by Congress in Ihe eierciso of tho 
same power which moulded the form of their or. 
gaTiio lawB, and appoinl<^l their eieeutive and 

It was the power provided in the Co 

these words; "Congress shall ha,, ^ „ 

dispose of and make all needfnl rules and re- 
gulations respecting tho Territory or other pro- 
perty belonging to the United States." Settling 
the subject of Slavery while tho country remain- 
ed a Territory, was no higher exercise of power 
m Conmss than the regulation of the funoUona 
of IheTerritorial government and actually ap- 
pointing its principal funetionarics. This prue- 
tioe commoheed with this national goverainent, 
and was continued, with nninteirnpted uniform- 
itj for more than sixty years. This practical 
contemporaneous construction of the conetitu- 
tional pDHwr of this government ia too clear to 
leave room for donbt, or opportunity for skepti- 
oiem. The jieaoe, prosperity, and auceees which 
attended this course, and the results which have 
ensued, in the formation and admission of the 
thirteen States tberofrom, are meet conclusive 
and satisfactory evidence, also, of the wisdom 
and prudence with which this pojcer was exer- 
''"' ■"ludedmnstbe that people who, in the 
plausible theories, become deaf to tho 
d blind to the results, of their own cs- 

liCt us nest inquu* by what rule of uniformity 
Congress was governed, in the ex* 



as manifest 

amination of oar hiatory will show that this 

a not done from tune to time by agitation and 

lal or party triumphs in Congress- The rule 

rauod was uniform and clear; and whoever 

ly have lost by it, peace and prosperity have 

been gained. That rule waa this: 

Where Slavery was actually existing in a 

untrv to any coDsIderablo or general extent, it 

19 {though somewhat modified as to further un- 

rtatlon in some instances, Hs in Mississippi and 

■leans Territories) sulTercd to remain. Tho 

ittliat ithad been taken and existed there, was 

token as an indication of its adaptation and local 

utiUty. Where Slavery did not in iact exist to 

any appreciable extent, the same was, by Cou- 

grees, expressly prohibited; so tbat in oitijer 

- ■' TBettlod up witiiont difficulty or 



case the CO _, _^ ,.. 

doubt aa to the character of ih _ ___ __ 

ice was Uiia difficult and disturbmg sub- 
to the people who had and who might 
the Territory, to be there an everlasting 
contention, ao long as the Territorid 

garded, too, as e. subject in which the wholo 
"inntry had an inloreat, and, tberefore, improper 
T local le^lation- - 

And though whenever the people of s Territoiy 
- jme to form their own organic law. as an indo- 
depeadent State, ihey would, either before or 
afier their admission aa a State, form and mould 
their iostitntions, as a BOvweign State, in their 
way, yet it must ha oipeoted, and has al- 
ways proved true, Uiat the State has taken the 

"■" 'ic her pupilage has prepared her for, as 

iespect to Slavery as in other respects, 
six of the thirteen States are free States, 
I Slavery was prohibited in them by Con- 

freas while Territociee, to wit : Ohio, Indiana, 
IlinoiB, Michigan, Wisconsin, and Iowa. Seven 
of tbo thirteen are slaveholding States, because 
allowed in them by CongreBS while 



wGoogle 



THE KANSAS-NEBRASKA STRUGGLE. 



tb'iywere Territoriea, to wit: TenaesBee, Ala- 
bama, Jliaaiesippi, i'lorida, Iiouiaiima, Arksnaaa 
and Uiraauri. 

Oil Iho 6th of Mnroh, A. n. 1830, wds pneeed 

of tho Stato of Misaonii inlo tbo UnioD. Mueb 
coritrovcray aui disouBsioD arose on the q^nestion 
whetlier a prohibition of Slavery wilbin eajd 
State abonld be inserted, and it resulted in (his ; 
that said State sbonld be admitted without such 
probibitionj but that Slavery should be forever 

Srohibiled m thp re«t of that pountry eedai to ns 
y France lyini north 36* 30' north latitude, 
and it vraa so done. This coutract is known aa 
the Mis'tmri Ccniipro«i.iiP. Under this arrange- 
ment, Missouri wax admitted as a elaveholding 
State, tlio same having been a slitv^oldine Ter- 
ritory. Arkansoa, BOnth of the line, wae termed 
iikto a Territory, and Slavery allowed therdn, 
and afterwards admitted as a slnvcboldine State. 
Iowa waj made a Territory, north of ftie line, 
and, under the operation of the law, wne settled 
up without elavea, and admitlGd as a dva State. 
Tbo country now makiiK the Territories of 
Kansas aud Nebranka, in 1830, was abnost or 
entirely uninhabited, and lay north of said lino, 
and whatever settlers entered the aame before 
1854 did 60 under that law, forever tbrbidding 
Slavery therein. 

In 1S34 Cougresa passed an act establishing 
two now Territories— Nebraska and Kansas — in 
this region of country, where Slavery had been 
prohibited for more than thirty years ; and, in- 
stead of leaving said law agiunst Slavery in 
operation^ or pn^ibiting or expreeely allowing 
or establishing Slavery, Congrese left the sub- 
ject in said Territoriee,to be discussed, agitated, 
end legislated on, from timeto lime, and the elec- 
tions in said Territories to be conductjid with re- 
f«enco to that subject, from year to year, so 
long as they should remain Territories ; for, 
iriiotever laws might be passed by the Territo- 
rial legislatures ou this sutiject, must be subj"" 
to change or repeal by those of the succeed 
years. In most former Territorial eovemmeT 
It was provided by '— "-' "-■- ' 



i be n 



'y]"!? 



mitted. 



The provision in relation to Slavery m Ne- 
braska and Konsaa is as follows: " The eighth 

of'^M^s^ouii into'lhe'FuionVbioh being il____ 

Congress with &avery m the States and Teni- 
tones, as required by the legislation of 1850, 
commonly oailed the compromise measures) is 
hereby deolorod inoperafMW fl«d ■Boidt it being 
the true inteut and meaning of this act not Ic 
legislate Slavery into s^d Territory or State, noi 
to cxdnde it therefrom, but to leave the people 
thereof perfectly free U> fbrm and regulate their 
domestic institutions in thdr own way, subjei' 
only to the Constitution of tlie United Staler 
Frvmded, That nothing berein contained sho 
be construed to revive or put in force any [a 
or regulation which may have existed prior t 
the act of 6th March, 1^, either protecting, e 
tablisbing, prohibiting, or aboliebiDg Slavery." 

Thus it was promalgated to the people otthis 
Thole country that here was a dear field Ibi 

rivuship; the goalof which was, Ihe altimate 
establishment of a sovereign State; and the 
prize, the reward of everlasting libCTty and ite 
lustitutions on the one hand, or the petpetuity 
of Slavery aud its concomitants on the other. 
It is the obvious duty of this government, while 
tills law continues, to see this manifesto faith- 
fully, and honorably, and bonesDy performed, 
even though its particular supporters may 



'ided that all whil 
ents in Kansas w 



■n who Ijeean 
ititled 



rM;ard to their (imeo/rejfdfJiee, usually provid- 
ed in other Territories. Morwas this right of 
S confined to Americon citizens, but in- 
all such aliens as had declared, or would 
declare, on oath their intention to become citi- 
zens. Thus was the proclamation to the worid 
to become inhabitants of Kansas, and enliit m 
this great Bnlerpriae, by the force of numbers, 
by vote, to decide for it the great question 
Was it to be expected that this great nroclama 
tion for the political tournament would be listen 
ed to with indifference and apathy! Was it 
prepared and presented in that spinl I Did it 

■elate to a subject on which the ut jplf 

" ■ ■ — ' ■ ' lartof the 



rent ? A lai^ part oi 






iw existing, a condition of society 
white and block, while they exist 
.. .. , . --il but 

i'bese 



-. -, .. c Slav . 

only evil, and that continuflUy," alike to maa- 
ter and to slave, and to the community ; to be 
left alone to the management or enjoyment of 
the people of the States where it exists, but not 
to be extended, more especially as it gives, or 
may give, political supremacy to a minority of 
the people of this country in the United States 
govemmeuL On the other hand, many of the 
people of another part of the United States re- 
gard Slavery, if not in the abstract - >■'"—■ — 
at least as now — "- 

best fbr both w ; 

together ; while others regard it as m 
as the highest state of social condition, 
consider that they cannot, with safety to muir 
interests, permit poUtJcal ascendanoy to be 
largely in the hands of those unfriendly to fhis 
peculiar inititBlion. From these conflicting 
views, long and violent has been the coulro- 
veiay, and experience seems to show it inter- 
Many, and probably a lai^ miuority of this 
nation, lovers of quiet, entertamed the hope, 
that, after 1850, the so^alled Compromise Mea- 
sures, even thnui-h not satisfactorv to the Free 
.and 

„ - , obe, 

a nnahty on the subject of the extent and limita- 
tions of slave territory ; more especially afler the 
assurances contained in the Inangnriil Address 
of President Pierce. This hope was fortified with 
the consideration that at that time Congress had, 
by different provisions, settled by law Iho con- 
j..; 1.1....J Slavery for all tbo territory 



d Stalei 



Those hopes h 



disappointed, and from this very provision for 
repose has been eitracted a ;wjneip/c for distarb- 
ing the condition of things on which ita fouuda- 
tioo of finality reeled— that is, the permanent 
and oontinunnce of the then existing condition of 
legal provisions. The estabUsbment of the terri- 
torial governments for Utah and K^-Mexico, 
without a prohibition of Slavery, was sustained 
by many on the ground that no sncb provision 
was required for its exclusion, as the condition 
of the oounhy and its laws were a sufficient bar- 
rier i and therefore they sustained them, because 
it would complete the series, and finish the pro- 
visions as to Slavery in all our territory, and 
make an end of controversy on that subject: yet, 
in 1854, it was insisted by Uia fVicnds and sup- 
porters of the laws of 18M, and it is actually as- 
serted in the law establishing the territorial gov- 
ernment of Kansas, that tbo laws for New-Meiioo 
and Utah, being of the Compromise Meoaures, 
adopt and contain a principle utterly at war with 
thepreata ■ - - "--'- 



IS of congressional a 



ion for 



heTercitoi 



.Google 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



as to Slavery, it really declared a principte whicl 
vnsetitedail Ihoae where Slavery had been pro 
hibitedf oad roodered it proper, lutd ODiy proper 
to declare BUch proliLbitiaaB oil " inoperntive am 
void." The apirit and feoline wbith thus per 
verted (hoee Camprtunise laws, and made lEcn 
the direct inatrament of renewed diBturbann! 
oould not be eipoctsd then to leave the result ti 



The BlftveholdinE Statoa, in ISSO, secured the 
admiesiun of Hissonri ae a Blaveholding State, 
and all the re^on aouth of 36" 30 ' to the ssmo 



Ihoy obtiuned only a sufficieot number of votoE 
from the Free Statee, ea coanted with theirs, to 
adopt it, lu 1850, IheyBftreed that if New-Meiico 
and Utah were made TerritorieB, wilbont a pro- 
hibition of Slavery, it would, with the iBwe al- 
ready made for the rest of onr territory, settle 
forever the whole subject. This propowtion, for 
Buch a 1ermin«yon. also secured volea from the 
Free SlafcB, enough, with their own flH>m the 



freedom declared inoperative and void, by tfac 
■vole of the slaveholding Statee, with a very few 
hoQorable eiceptione, and a minority of the votes 
of the Free Slates. After this eitraordlnnry and 
ineicuaable proceeding, it iras not to be expected 
"■St the people of the slavebolding Stales would 



coniilition of Botdety, either to go fo Kansas otin- 
habitant', and by their votes to help settle this 
good condition of that Territory ; or if (hoy can- 
not so go and settle, is it not their duty, by all law- 
ful melius in Ihoir power, to promote this ohjeet 
by inducing others like-minded to go I Thia 
right becomes a duty to all who fuliow their con- 
victions. All who rward lUi cetHbliahment of 
Slavery in Kansas as best tor that Territor;r, or 
as ncceSBory to Iheir own safety by the political 
weight it sivcs in the national government, 
should use all lawful means to secure that rc«nlt ; 
and clearly, the inducing men to go there to be- 
come permanent inhabitants and voters, and to 

the eatablkhment of Slavery, and thus 

the elections, and prcser-- <• - «'-- « 

ever, is neither unlawful . 

and would be highly praiaBwortby and commonda- 

" ' - - - ■■ - - using lawfiil meaoa to carry for- 



takem 



iiu effort, bj leijal meaits, to 
It baa be^ said that the re 



e of the slaveholdine States, because it 
was presented by a Senator Ironi a Free Stnte. 

The actions or votes of one or more individual 
moil cannot give character to, or be regarded as 
fliiag a measore on, thdr section or purty. Tlie 
only (rue or hontst mode of delermiamg whether 
any mensure is that uf any eectioii or parly ia,to 
ascertain wLethw Ibe majority of that acction or 
party voted for it Now, a large miyority — in- 
deed, the whole, with a tew rare eiceptioiia — of 
the representatives from the slavelioloing States 
voted for that repeal. On the other hand, a nia- 
Jority of the reja-eeenlatives from llie Free Stales 



jwUled' twice by compromise, as before stnled, 
does not remain setUed, The Missouri Com- 
promise and the supposed finality by the acts of 
IBaO-ireMHitleredanddiaBolved by the vote of 
die davehokling Slates ; and it is not to be dis- 
Sniwd that this nooaDed for and disturbing meaa- 
nle bu prodnoed • q>irit of reeentnienl, from a 
feelhig of it) injuatine, which, while the cause 
continues, will M difficult to allay. 
This subject, then, which Congrcas has been 



Eit not the right of all who believe in the hless- 
isK* of slav<£oldiiig, and regard it as tbc liest 



n Stave State for- 



■anihi 



lofpubli 



commendnble. Nor will, the application of op- 
probrioua epilhelB, and calling il propagandia'^, 
change its moralorlegal character from whatever 
quarter or source, official or otberwiae, such epi- 
thets may come. Neither shonld Ihey deter any 
man fi-om peaceably performiog hia duty by fol- 
lowing his honest convictions. 

On Ibe other hand, all- those who have seen and 
realized Ibe blessings of universal liberty, and be- 
lieve that it can only be secured and promoted by 
the prohibition of domestic Slavery, and that the 



try. When, therefore. Kansas was jireseuted, 
by law, as an open tiold for this oiperiinent, and 

dntyof all euch aa deaired,to go there as mbabit. 
ants for the purpose, by tbrar numbers and by their 
votes lawfully oast, from time to time, to cwry or 
control, in a legal way, the elections there for 
this object. Thia conld only be lawfully effected 
by permanent fesidencc, and continued and re- 
peated effort, dating the continuance of the Ter- 
ritori^ government, and permanently remaning 
there to form and proserve a Free-State coustitti- 
tion. All those ^Iio entertained the same senti- 
ments, but were not disposed themselves to go, 
had the right and duty to use all lawful means to 
encourage and promote the object If the pur- 
poBQ could be best effected by nnited efforts, by 
votnntary associations or corporations, or by 
State assistance, aa proposed in some Southern 
States, it was ail eqnally lawful and laudable. 
This was not the officious intermeddling with Ibe 
iiitenuJ alfcirs of BiMither nution, or State, or ibe 
Territory of another people. The Territory is 
the property of the nation, and is, profesaedly, 
open to the settlement and the institntiona of 
every^ part of tho United Stat«. If lawful moans. 



>n opposition to, the law establishing the Terri- 
ory, then the doclaratiotia and provisiotis of that 
aw were but a premeditated delusion, which not 



__,ly aUowed snch meaaor. _ .. .._ 

them, by enacting that the largest number of Ibe 
flettlera should deiennine the condition of the 



allymvi 



in fact taken place. If violence baa taken place 
as the natural, and, periiapa, unavoidable, conae- 
guenccs of the nature oflheBiperinient,bringuig 
into dangerous contact and cullision infiammo. 



wGoogle 



THE SANSAS-NEBRASSi STRnGGLE. 



113 



bleelements, ItlvRB Iho vice of a miBUten 
taid immediate meaaiires elionld be taks 
Congresa (o eorrecl sucb law. If force anc 
JoncB liave been anbalituted tor peactAil i 
nrea thn«, legal provieiooB ahonld be made and 
eiBcuted to correct nil the wrong Huch violence 
haa produced, and to prevent tfieir recurrence, 
and ibai secure a Mr folfiUiiaent of the espeti- 
nest by peaceful means, aa originally profeaeed 
snd presented in the latr. 

1 ; — . _... _jj jjj jijg exercise and pro- 



gresa of tli 



le poaeage of Ibis Ibvt, cBtabliahing the 
TBrrilory of Kanaas, a large body of aetUers Cap- 
idly entered into said Temtory with a view to 
permanent inhabitancy therein. Most of these 
were from the Free-States of the West and North, 
who probably intended by their votes and inllu. 
enoe lo ostabliab there a Free State, agreeable fo 
thelaw which invited them. Some partof thoae 
from the Northern States bad been encomaged 
and aided in this entorprise by the Emierant Aid 
Society fonaed in MassacfiuaeKa, which put 
forth Bome eiertions in this laudable oyect.oy 
open and public moasurea, in providing facilities 
for IranaportHlion !o all peaceable citizeuB who 
desired to become ponnanent Bottlers iu said Ter- 
ritory, and providing therein hotels, mUIe, etc., 
for the pnUio accommodation of that new conn- 



of law, d 

procnred a census thereof, issued tia procl's 
lion for the election of a iBgislalive assembly 
■ ■ ■ the 30th day of March, 



o him agreeabio 

.. „ irritory. On th^ 

day of election, largo bodies of armed men fr< 



therein, to take , 

1855, and directed how 
ducted, and the returns 
the law establishing 
'ay of election, largo bo 

._]e State of Missouri appeared at ,.„„„ ,„ 

looBl of Ihe districla, and by moat violent and tu- 
multuous carrlM;e and demeanor overawed the 
defenseless inhahitaQts, and by their own votes 
elected a iarjre m^orily of the members of both 
bonaea of aaid asaembly. On the returns of said 
election being made to the governor, proteata 
and objeclioQB were made lo him in rclntioa to 
a part of said districts ; and aa to thorn, he set 
a«de aucb, and auch only, as by the retnma ap- 
peared to be bad. In nSation to olhora, cover- 
ing, in all, a mnjotity of the two houses, equally 
vreioue la fact, hut apparently good by rotmal 
returns, the mhabitants thereof, borne down by 
lud violence and iatimidstion, scattered and dis- 
couraged, ajid laboring under apprehe"**"™"" "^ 
personal violence, retrained and deelj 
presenting any protest to the go\ 
tiOD tbereto ; and he, then nninion 
Iherelo, issued certificates fo the 
appeared by oaid formal returns to have bean 
elected. 

In relation to (hose districts wbicli the ^vern- 
or BO sat oaide, orders were by bim issued for 
new eloctioiw. In one of these diatriots the same 
proceedings were repeated by men from Missou- 
ri, and in others not, and certiecatcs were issued 
lo the persons elected. 

This legislatiie assembly, so elected, assem- 
bled at PawDee, on the second day of Jaly, 1855 
Uiat being the time and place fol holding said 
meetmg,a3 fixed by the governor, by auliority 
of law. Ou assembling, the said houses pro-, 
ceeded to set aside and r^ect those members 
BO elected on said second election, eioept in 
the disbict where the men from Hisaoari had 
at said election, choaen the some persons they 
hail elected at the said first -election, and they 
admitted aS of the said first-elected membetB. 

A legislative assembly, so created by military 
Ibroe, by a foreign invasion, Iu violatioa of the 
organic law, waa but a nsorpation. No act of 



deelsted from 
:d in relation 



its own, no act or neglect of the governor, could 

itsown legality ore like its laws, but the fruits 
of its own usHrpation, which do governor could 

Ihey paased an act altering the place of fliB 
tempiwary seat of government to the Shawnee 
Misaion, on the border of, and in near proiiroity 
to,Uissouri. This Bcttiie govemorregarded as 
a vioJatiou of the organic law establishing the 
Territory, which Bied the temporaiy seat of 
government, and prohibited Che le^sJative as- 
sembly from doii^ anything inconsistent with 
said act. He, therefore, and for that cause, 
vetoed aaid bill; but said assembly repassed 
Ibesameby a two-tliirdsm^ority, notwithstand- 
ing said veto, and removed to said Shawnee 
Mission. They then proceeded to pass laws, 
and the governor, in writing, declined further 
fo recoanise tbem aa a legitimate asaembly, ait- 
Ihat place. They continued passing 
there_, fivm the ICth day of July to the 



ting 

laws Luf^re, ir 

3lBtdayofAL . 

On the 15th day of August last, the governor 
of said Territory was dismissed from office, and 
the duties devolved upon the secretary of th« 
Territory [ and bow many of the laws passed 
with his official approbation does not appear, 
the laws aa DOW presented being without data 



-As by the law of Coni 
erritory it was eipre 
people of the Territory 
lyfree to form and re, 



^ , . igress organizing aaid 

Temtory it was eipresBly provided, that the 
„.„„,. ^ ■>,„ .,.,„,. — „^^g {^ 1^ ., jpfj porfeet- 



Tay,"t 



D 



mplied that that subject was to be opei 
ree to pnblia and private discusMon ui all its 
earinga, rights, and relationships. Among 
heso must, of conrae, be the question. What 
Fas the state of the exaling tawi, and the modi- 
' ;ht be required on that sulyectl 



jght 

Tlie law bad declared Oti 
meaning was not to legislate Slavey into tha 
Territory.or eiclnde it therefrom." This would, 
of course, leave to that people the inquiry, 
What, then, are the eiiating rights under ^e 
CoBStilutioit? Can slaves be holden in the ab- 
sence of any law on the subject ! This question, 
about which so much difference of opinion ei- 
ists, and which Congress and tiie courts have 
neversettled, was thus turned over to yio peo- 






ottle for (hemselve 

ly refused to pemut 
^■■.—^■^„,u^ uu uiD nuiueiii,^ but, ussuming that 
Slavery alreadv eiisted there, and that neither 
Congress nor the people in the Territory, under 
the aulhonty of Congress, had or oould prohibit 
il, paBsed a law which, if enforced, utterly pro- 
hibits all diicusrioa of the question. The elev- 
enth and twelfth sections of thst act are as tbl- 



ated. wrillBO, puhllih*! a 
•wiogif nid or luiot ia bl 

.lilhing or clrcnUtiiK will 
^k. paper, pamphlet, magatia 



igbt CO hold al,ive> In this Teptltoi 



h» brought into, 
If. TMiil^iTr''"''*' 
necdo' calcalattd 

! spuking or 1^ 



.Google 



THE STBUGGLE FOK SLAVERY RESTRICTION. 



nlng auj lioni.l of tbe nglil of pBrwins t 
illtj ot 'f«lonjrM?'pnn°8hld"j imprieot 



_. , jatno poreou."cor 

entiouely opposed tobolding bIovcb" siioll ei 
on a juror in the trial of any cause fbnndcd on 
breach of the foregoing law. They further pr< 
Tided, that all officers and aftorneya ehonld b 
the 

.a support and auatai 

-,— J the Tenitoiy, and the fng 

tiTC-slave laws ; and that any person offerinf; t 
Tote shall be presumed to be entitled to vot 
nntil the contrary is shown, and if any om 



Although they pi 
inhabitant, who hau ptuu a 

and nrOTided for the inunei 
fo providing. 



ibat on the eve of . 
neighboring State could 
numbers, and, hy taking 



people of 
e In.in unlimited 
reaidcnceof ad«y 
and thus becomr 



only of the real inhabitants of &e Territory to 

vote as are friendly to the holiMng of r' 

They permit'-' 1...;-:. -<■ 



lO elee^on of any of the o: 



laws could be chunt^ed until ti 



liticttl history, the people of a Territory bav* 
been anthoriied by an act of Congress to fonp 
State constitution, and nfier so doing, wort 
Imitted by Coogrees. It is jnite obvious thai 
I such authority eould be given by the act of 
e territorial govemmenL That clearly has no 
iwerto create another goTernmeiit.pHrBmonnt 
itself. It is eq^oally true, that, in nomerona 
stances in our history, the ptople of aTerrito- 
._, have, without any previous act of Conaresa, 
proceeded to c^ a eouvontion of the people by 
their delegalea ; bave fbrmed a State eons.titu- 
tion, which has been adopted by the i)eople, 
and a Stale legislature Basembled nnder it, und 
chosen Senators to Congress, and then have 
presented said constitutiou to Congreas, whe has 
approved the same, and received the senatom 
and members of Congress why were chosen un- 
der it before Congress had approved the same. 
Such was the case of Tennessee ; such waB the 
esse of Micbigaji, where the people not only 
formed a StntB constitution without an act of 
Congress, but they actually put their State gov- 
ernment mto full operation and passed laws, and 
=' was approved by Codotcss by re-""-' ' "" 



Stab 



it any act of Congress there- 



e they w 



the 



thereof, but createi 

or appointed officereto fill them for longperiods 
and provided that the neit annual el oeiion shonli 
be bolden in October, 1856, and the assembly f< 
meet in Jannarv. 1857 : HO that none of thesi 
lower bonee 

_. .. - , ; the count 

wbioh is elected for two years, could not 
ebftoged so as to allow a Changs of tha laws or 
officers until the session of 18^, however much 
the inbebltants of the Territory might desire it 

These laws, made by an assembly created by 
a foreign force, are but a manifestation of the 
spirit irf oppression which was the parent of the 
whole transaction. No cscnse can bo found for 
it in the pretense that tho inhabitants had carried 
with tljem into stud Territory a quantity of 
Sharp's rifles — first, because that, if true, formed 

Sharp's riSea were only obtained afterwards, 
and entirely for the purpose of self-defense, the 
necessity for whioh. Ibis invasion and other acta 
of violence and threats clearly demonstrated. 
These laws were obviously made to oppress and 
drive out all who were indined to tbo cidusion 
of Slavery; and if they remained, to silence them 
on this subieot, and subject them to the will and 
coufrol of the people of Missouri. These are the 
laws wbich the I'Vesident says must be enforced 
by the army and the whole power of this nation. 
Tho people of Kansaa, thus invaded, subdued, 
oppressed, and insulted, aeang their territorial 
government (such only in form) perverted into 
an engine to crush them in the dust, and to da- 
feat and destroy tho professed object of thdror- 
Sanio law, by depriving tliem of the "jxrfect 
'eedom' therein provided; and finding no 
gronod to hope for rights in that organization 
fliey proceeded, nnder the guaranty of th< 
United States Constitution, "peaceably to as 
semble to petition the government for the re 
dress of ftheb) grievances." Tbey saw m 
esiihly source of relief bnt in the formation of i 
State government bythopoople,ftud the accept 
■Dce and ratification thereof by Coiigrcs 



Union. When the people of Arkan 
about forming a Stale constitution without a pre- 
vious act of Congress, in I83S, the territorial 
governor applied to the President on the suWect, 
who referred the matter to the Attorney-Gene- 
ral, and his opinion, as then expressed and pnb- 
lished, contuned the following i 
oitlanot in the power at the gMtr&l (Htmbly ot 

Iho'Torritorj. -uulil be null and void ; if pawed by 
tbeni nqtivilbitMidinR Ilia veto, bj a Totp nf two- 
He fnrther decided that it was not rebelhous 
_.■ insairectionary, or even nnlawfnl, for the 
people neacesbly to proceed, even without an 
act of Congress, in forming a constitution, and 
that the so forming a Slate oonstitntion, and so 
fttr organiiing under the same as to choose the 
oflicere necessary ibr its representation in Con- 
gress, with a view to present the same to Con- 

? for admission, was a power which fell 

-ly within the right of the people to assem- 
and petition for redress. The people of 
insas proceededwithontan act of Congress, 



ic that in 



r po- 



le Uni. 



Lingly. 



If any rights were derived to the people t 
kansas from the terms of the fteucb treaty of 
cession, they equally eitended to the people of 
Kansas, it being a part of the same cession. 

In this view of the subject, in the fiiBt part of 
August, 1855, a call was published in tlie public 
papers for a meeting of Sio citiiena of Kansas, 
urespeetiTO of party, to meet at Lawrence, In 
said Territory, on (he I5th of said Angnat, to 
take into consideration the propriety of calling 
a convention ofthe people of the whole Territo- 
ry, to consider that subject. That meeting was 
held on the 15th day of August last, and it pro- 
ceeded to call such convention of delegates to 
be elected, and to assemble at Topcka, in said 
Territory, on tho IWh day of September, 1855, 
not to form a constitution, but to consider the 
propriety of calling, formally, a convention for 
that purpose. Tho proceedings of this meeting 
ofthe 15th of August were as follows ;* 



.Google 



THE KANSAS-NEBRASKA STRUGGLE. 






^HeBoteH/. Thtttwe.the people of KanoasTorcLlory 
iKtiouB, to cDDault togelher id their reipecti'e elec- 






4. HDNTING, Praidml. 



Agreeahlo to theBO prooeedmgB, tha people of 
the different diatriott did, ss tberein recommend- 



aseembm at Topcka on suid doy, aud proceeded 
to consider said Bubjeof, and ttcy took tlio fol- 
lowing proceedings ; 



rADteea to the peoptB of this republic tha rteht of 
Maembling together In apescoibla manner for the 



loth* iDterentsitr the people of KAnoaB Terrilorj, de- 



Bie compelled to resort to tbe ooly remedy loft— ti.llt 

•• Rraolredbiillieptmleat Kanmt Tirrilani in dtle- 

Kle cOTivenlion aneoAlid. Thit in election ahall b* 
Id in the ee.er.1 el.cUr™ prFelncti ol this Terrltorr 
on theieeond Taesdirof October sen. under riw 

membom of i coiinml!on°to"i;rm ^^ l^arMaljaOi 

■• Sesoivtd, ThiLl the apportionment of deleEatesto 
Governor Beedar, of date 10th March. ISU. 

as regarda tbe oreaaiiatioh of a Stite gorerDinent, 
which committee ahali be atjled ' Iheeiecatltc com- 

tiie commiltea of Klnsae Territo^ "o adverlis*'sa?d 

thereof for eMhprMinct''and''the Mid judg^ro^Mch 
precinct shall .ppoint two clerka, all of .h.m eh.ll 

their reapectlre offlcei impurtiall)', &nd irllh GdcUt; ; 
deaigctted ineach precinct by the aaia exocnliie 



tHcen"whooWitedatthofirBtele^Dn.' " "™* 
■■Resolved. Th!,tallwhiteinaleinh8bitanta,cltiians 
■t the United 3t!itea, above the age ot IwentT-one 



StaolTid.tbit 
ies oi an; other < 

lec1iYe'fra"Slae' 
nj caat their" 



.Google 



THE STBTJGGLE FOE SLATERT EESTRTCTION. 






■hilt luxe His net 










«^B' notice, ta be 




tedMh 


retufore 


J In 


















Ih 


tea wbo» nume. 




ntaiaed I 






Ol the chturmaD o 


■the 














Kate m 




M.Mlntts"Mal 


iraj. 








-B5«*.nJ, Thi 




jaember 


of the 




jliiU receive, as » 




*tion h 


their B 
























p«t 


,in,reqa 


Medio 






delm 
















"KsMfoBd, th» 




e afloptio 














tion thall traDimi 




a*rheSu' 






IheFreBideutort 






,, to th 




of the Senate, .n 




t fpeal 


t' of the 


Ho 


Eepreasntttivec 






' °'i*si 


g" 



»llh aulHori(7 to Dotifr the people of the .eve 
dietricti ef the Tenitory of the comiait election, 

think proper. 
"The Teirilorial eieou'iio committee was appol 



■■ WM. V, ROBERTS, Presidtnl 



" To the L-.gid Fiylers qf Kansas : 

" whereas the lerritoiial government, a> now con- 

of armed men from ftireign Slalee— oar people Foroibly 

S^So "ad°br the aid of citiiens of toreisn SUtee of 
(fom thfl^Jftivileso of a voice in the eloclJon of oven 

]Kvp1e of this country have heretofore eieKiaed Iho 
becatneoppKdaire, and have at aJUimcB conceded this 

nQw'^oVo5?e*a n^ imp"?j to''."tio'n.°afia hivM^s iw the 
only leital and peicetul alleinali.e Ihe Immediate 



opt a biil of riglili fnr Ihe people uf KioHaB. and 






,f V. W. Oiies, Topeka. Big Bpringi precinol. at the 
lonee of We.lei Frost, in wiihingtoD. Tocnmseh 
^jneeofMr. Hoagland,:-"- -"• 






net, at the heiise ot Robert Wilton. 

le hou*o of John Schmidt, on TennilUon branch' of 

" Tarljih ilalion-dittrict.—Si. Matj'i precinct, at 
le hen» of B. F. Bertrand, SUver Lalie precinct, at 
» house of Joseph Leframbois. 

■■ ThiTlfetilh etelio-trfiBIricI.-Hiohory Point pre- 
.nct. at tlie house of Charles Hardl. Palls precinct, 
t the house of 'Mill Company.' at Gtass-hoppet 

"""' *"" ""'' Doniphan precinct, 



r. Or. A. Cutler, In Bonljihan 



Inolndin^ part of the 1 

"'"'"erlTnL^'iS!' 
south Walnut-Oceek), at the house of Chul 
jlaeMh eltrM: 






Thon 



the Baptist 



mparlially and wilh fidolitT ■ and the Judges and 



wGoogle 



THE KANSAS-NEBRASKA STRUGGLE. 



Clf^lZ 



Dfflccrfl in kttf nilance ehflil supplr 



p« Qf the DfatMlW . 
el ^ito Judgfls." wW 



nee in Ihe iBrnlorj f 
iJl'tw buH^ Co vote I 









'itV^K-^-> ire eatoettlj 
tharebo 






rnt£le«l7 






[. H. L&NE, ObatriR 



elamation eo leaued, and Ihey met at Topoka on 
the fourth TiieBdaj> ia October, ISaS. aDdfbmied 
a coDstitntion, which waa subinilled to the peo- 
ple, and vaa ratified hy thorn by vote in fbe dis- 
tricts. An eleeiion of State officers and me " 
of Ihe State legiidfttore has been had, and 
resent^ive to Congi-eaa elected, and it is ij 
edto proceed to the election of Eenntore, wi 
view to preeont the same, with the eonatUuiiun, 
to Coneress for admission into the Union. 

Whatever views individuals may at times, or 
in meotiogs, have expressed, and whatever ulti- 
mate determination may have been enterEained 
in the result of being spumed by Congrese, 



B, law for themaelves ; bnt it 



ir, thie etTort of tho people for redreaa is 
conatitulional, and right. Whether it 
eed, TCEta with CongreeBto delonnine; 
it is Uiat it should not be met and de- 
nounced as revolutionary, rebellious, inanrrBO- 
tJonary, or unlawful, nor does ituallforor justiiV 
.1. 1 1 t by any department of 



3 by any departi 



becomes proper to mquire what ahonld 

by Congresfl ; for we are informed by 

the President, in substance, that he has no power 
correct a usurpation, jtnd that the laws, even 
lugh made by usurpeS authority, mnat be by 
[forced end ejectited^ even with militai^ 



_ _ _ .-edross rfionld be 

ied to ihe true cause of the difficulty. Thi 
ivionsly hoa in the repeal of the olar-^— '— ' 
mi in the act of ISaO, and therefor 
mcdylics in tho entire repeal of T 






leffocted it. Let this 



right. 
Tint, if I 



done with frank- 
nanimitv, and li.ansas be oi^anized 
'ree Territory, and all will bo put 



it, t£en deck 



■eignl 



;iBlatlvi 
id din 
juard for leg^ 



imbly ut 
-eorgani 



Thei 



yidmg proper 

'■" """" '" ^ "wever, anetber way to put aj 
mia irouble there, and in the nation, 
itrocjne stepa or continaing violence, ' 
compelling obedience to tyrannical 
by foreign force; and that la, byadm' 



;-Q 



IVi 









with h 



ire not sii 



rivea her a right to dtanaad admi , _, 

the President informs us, probably only about 
twenty-ilve thauaand. The Oonstitutton lixea no 



—J , d the importan 

tion may well jaeti^ Congress 



lumber as m 

in'ld^tti^g'tt 
allyaa webav „ 
admitted as a State, and controversy ended, it 
will immediately Gil ap with a nnmeroas and 
successful population. 
At any rate, it seems impossible to believe that 

Congress ia to leave that peo-' — '''^ —' — ' 

to have enforced upon them 






oppression. 
The true cl 



land hi 



a of V 






Te dragooned into 
experiment pleaaai 



reflised redrc 

That cannot condemn i 

proceedings thus far pu 



entirely i 



[natecial- 



itly believed usurpation 
that if CongrcBB made 
hey were well justified 



notoriety. Ita essential features are 
luoouvioos to allow of any successful disguise 
or palliation, however complicated or ingenious 
maybe the statements, or however special tha 
pleadings, for that purpose. The case leqnircB 
some quietine, kind, and prudent treatment by 
the hand of Congress to do justice and satisfy tba 
nation. The people of this country are peaceful 
ly relybig on Congress to provide the competent 

doubled power to administer. 

The Attorney-General, in the case of Arkansae, 
says 1 " Congresa may at pleasure repeal or 
modify the laws passed by the territorial kgiila 
ture, and may at any time abrogate and remodel 
the legislature itself, and all the other depart 
menta of the tenitoiiel government 

Tieatiiig this fnievonce in Kauaaa n ith m^e- 
nions enjusea, wittnegleot or contempt, or nding 
over the opprssBed with bd army, and dragi-Kining 



temporarily st 



'aity Buc 



adroit lievit-es, plau'ible 



wGoogle 



THE STEUGGLB FOB SLAVERY EESTKICTION. 



bretenses. aad partiaan oddreEs : Ijut the perms- 

-- "-- -"^•-- -TnioBcanbemaWam. 

iiil^;rity. Juaiicemay 

which violence 



. . . uaurpation have prodaceu j Ihe suloneali 
of white ireemcn majr be necessary, that Afrit 



be denied whore it ouf(bt to 
may perpotnatr "■' ' 

>f white freemen may" be ni 
.Jlavery may aucceed ; but . ._ .. _.. 
not be expeiitGd to produce peace and eatiafuctlon 
in our country, 80 long aalhe people retain any 
proper sendmcnt of justice, hbetly, and lew. 

J. Col LAMER. 

It is not poasible, within the limits pre- 
scribed for this volume, to give a full ac- 
oouut of the debates and proceedings in the 
present Congress with relation to KaDSas. 
Suffice it that, on the 19th of March, the 
House waa brought to a vote on the propo- 
sition of the Uommittee of Elections', to 
empower said Committee to send to Kansas 
for persons and papers, modiQed, on motion 
of Mr. Dunn of Indiana, with the assent of 
said Committee, so as to read as follows : 



eaid Territory, either under the law oi^pmia. 
eaid Territory, or under any pretended low whicE 
may be allwcdto have lake- -"■--■■' - 



n effect there sine 



Territory, at any time einco the paBsaga of tho 
Konaaa-Nehraats act, wLolher engaged in by 
the reaidonts of «ud Territory, or hy any peraon 
or persons from elsewhere gomg into said Terri- 
tory, and doing, or enooura^nc others to do, any 
net of violence or public dielorbance againat Ibe 
laws of tho United States, or the rights, peace, 
and safety of the reaidents of eaid Territory -, and, 
for that purpose, said Committee shall have fall 
power to send for, and examine, and take copiea 
of, oJl Buoh papera, public records, and proceed- 
ings, as in thoir judgment will be ueoful in the 
premiste; andalso, to aendfbr persons aodeiam- 
me them on oath, or affirmation, as to matters 
within their knowledge, touching the mattera of 
aaid inveetigation ; and said Committee, by their 
Chairman, ahall have power to administer &11 
oocOBsary oatha or afflnnations connected with 
their aforeaaid duties. 

" Resolned furiker. That aaid Committee may 
bold tlieir investigations at snch places and thnea 
aa to them may seem advisftble, and that they 
ha lea of absence from the datiea of thia 
H ti they shall have completed sneh in- 

tig ti n. That they be authorized to cm- 
p more clcrka, and one or more as- 

lata ae geants-at-arma, to air ' - - - 
g n; and may adminii 

h ffirmalion, faithfully .. , 

d es aes gned to them, reBpectively, and to keep 
sec all attera which may come to thrar know- 
dg bing such inveatigation, as said Com- 

miUee may duwit, until lie Report of the same 
sbaJl be enbmtttad to this House ; and aaid Com- 
"'"■ may diBchorgeanyauch clerk, or aas* ' 






as, lot m^leot of duty or disrege 
. ._ linthepremiaea, and employ othi 
undra' like regulationB. 



of matnictioua in Che premiat 



■' Eeielvedfarther, That if any person shall, in 
™ay manner, obethtct or hinder said Committee, 
or attempt to do so, in their eaid investigation 



or ahall refuse to attend on said Committee, 
to give evidence, when summoned for that 
pose, or ahall refuse to produce any paper, b 
public record, or proceeding, in their possei 
or control, to swd Committee, when ao requ 
or shall make any disturbance where aaid ( 
mittee ia [are] holding their sittings, aaid Cod 
tee may, if ibey see fit, cause any such pcrai 
be arrested by aaid assistant sergeant-at-s 
and brought before this House, to be dealt 



s for c< 



f.P':» 



af the coutingeut 



_ _, hereby is, aj 

thousand dollars, to h 
fund of this House. 

" Resolred further. That the President of tbs 
United States be, and ia hereby, requested to 
fumisli to said Committee, sbould they bo met 
with any aeriona opposition by bodies of lawless 
men in the discharge of their duties aforesaid, 
such wd from any mliitory force as may at the 
lime ho convenient to them, as may be necessary 
to remove such opposition, and enable asjd Com- 
mittee, without molestation, to proceed with their 

" Eesalvei further, That whoa said Committeo 
shall have completed said investigation, they 
report all the evidence so collected to this House." 

This proposition the House adopted — 
Tens 101 i Nays 93— as follows : 

YEAS — For the proposed Investigation! 

MiiNK— Samuel P. Benson, Ebenczer Knowl- 
ton, Israel Washburn, Jr.— 3, 

New-Haufskire — Aaron H. CrKEln, James 
Pike-3. ^^ 

Massachusetts — Jamea BufRnton, AnaoD 
Burlingame, Calvin C. Chaffee, Linua B. Comine, 
Wilhsm S. Damrell, Timothy Davia, Eobert 
B. Hall, Chauncey L. Knapp, Mark Traftoo 



He w-ToHK— Henry Benne 

Samuel Dickson Edward Dc 

wards.Thomns T. Fiagler, William A. Gilbert, 



P.Gi . 
E. Horton, Joni 
eey, Bufus H. King, 



G. Haven, Thomai 
— illiam II. Kel. 

. .. „. -- B. Matteson, 

McCarty, Killian Miller, Edwin B. 



Morgan, Ambrose S. Murray, jinorew uiiver, 
John M. Parker, Beiyamin Pringle, BuBsell 
Sage, Geoj^e A, Shnmons, Francis E. Spinner, 
James S. T. Stranahan, Abram Wukeman— 

Hew-Jebsey— Isaiah D. Clawson, Jamea 
Bishop, George K. Kobbins — 3. 

PESNsrtvisiA-John AUiaon, David Bar. 
CLAY, Samuel C. Bradshow, James H. Camp- 
hell, John Covode, John Dick, John R. Edie, 
Galusha A. Grow, John Hickman. Jonathan 
Knight, David Ritchie, Anthony E. Boberts. 
Job S. Tyson, Lemuel Todd— 14. 

"— - "" .rd Ball, Philemon Blise, Lewis 



Harlan, John Scott Harriion, Valen 

Horton, Benjamin f. Later, Oscar F. Moore, 
Richard Molt, Matthiae H. Nichols, William K. 
Sapp, John Sherman, Edward Wade, Cooper K. 
Wat8on-18. ' " 

IriiiiANA — Luoien Barbour, Samuel Brenton, 
Schuyler Colfoi, WiUiam Cumback, Gcorire G. 
Dvim, Daniel Mace, John U. Pel tit, Harvey D 

Illinois — Jumes Knoi, Jesse 0. Horton, 



wGoogle 



THE KANSAS-NEBEASKA. STRUGGLE. 



119 



Elilin B Washburne, James H. Woodworth— 
. HoB-nrd, David S. 
"b" BilUugtiucBt, CadwBlta- 
;. Hall, JameB Thoring- 
Tofal Teas, 101- 
NAYS— Against the Inve^igation : 
Maine— ThomBB J. D. Puller-l. 
Other New-Englind Stites — JVone. 
KEw-YoKK-JohQ Kelly, William W. Valk, 
John Wheeler, Thomai R. WkitMy—i. 
KEWjEBSi:! — OeiM^e Vail — 1. 
PESNsYLTJNii— JohnCadwalader.ThDiiKwB. 
Flwrenoe, J. Glanqy Jonee—S. 

illiam H. English, Smith Miller 
5eorgeW.P 



Ohio— jVoTU 



of Missouri, were appointed the Committee 
of Investigation thereby required. 

These gentlemen proceeded to Kansas, 
and spent several weeks there in taking tea- 
timony aa to the cleetions, etc,, which had 
taken place ia that Territory. The testi- 
mony thua taken forms a. volume of nearly 
twelve hundred large and closely-prinled 
pages, the substance of which was summed 
up oa their retnrn by the majority (Me&srs. 
Howard and Shernmn), in the followiag 



A joumaE of profieHdings, indndlng sundry co 
lanieations made to and by the Commitl 
'as kept, a copy of which is herewith submitt 
The teatonony a'- '- •- '"- -'—:"-■ ■ 



CiL I F RNI A — Ph ilell 



Total from Free States, 17. 



DiL 1. w ASK — None. 

M ABii. A SD— Thomas 
J)avi>, Henry W. H^t. 
rit, Jaine, B. Ricaad, Ji 

ViKOiKi A— Thomas S. 
liik, John S. Catkie. H 
Charles J. Foul 



. Marrtson Ha? 
L Stewarl— a 
ik, Jokn «. Co, 
A. EdmundHOD, 
a 0. Goods, Zede- 



opyof itl 
ordmg \o 



NoBTH CAKOtl H A— Louis O' B. Branch, Thom- 
as L. CUngman, Burton Craije, Sobert F. 
Paine, Thomas Ruffin, Warren WinaloW— 6. 

SoBTH CiBOLWi— WilUam Aiken, WiUiam 
W. Boyoe, Preston S. Broot8,JoIm McQnei 
James L. Orr-5. 

GEOHOi.—HoweliCobb, Martin J. Crawfoi . 
John H. Lumpkin,_Jame8 L. Seward.Alex. H. 



7. 



,, Rohert P. Trii 



(ram War 



— W. B. W. Cobb, James F. Dow- 
dell, Sampson W. Harris, George 8. Houston, 
Eli 8. Shorter, WiUiaia R. Smiti., Percy Walker 

~'' t, WaiiamA 

ixiuisiAHA— "SioB. G, Davidson, Oearge Em 
lis, Jr., John M. Sandidra, Milas Tajloi^-l 

Florida — Aognetns E. Maiwell— I. 

Teias— Peter H. Bell, Lanvtl D. Ejfanf—9. 

KENTiTCJtr— Henry C. Burnett, Join f 
Campbell. Leander M. Cos:, John M. ""'-' 



John H. Savage, Sami 
Sneed, Albert G. Wi 

Felix K.ZoW ~ ' 



m, John V. Wright, 



John 8. i*halps, Gilchrist Porter— 6. 

ABKAKSAS-iV™. 

[Fillmore men In Itaiica; BpchAUn 



So the resolution prevailed, and 
William A. Howabd of Michigan, John 
Shebuab of Ohio, and Mcscecai Olitgb 



n^,^ v--^^"-, -.— clearly as poaelble, 

Uvebistoryof events in the Territory, from it» 
or^aiiiiatioa to the 19th day of Harcli, A. D. 
185& 

Yonr Committee deem it ihair duty to state, OS 
briefly as poesible, the principal facta proven be- 
fore them. When the act to organiie the Ter- 
ritory of Kansas was passed ou day of 

May, 1854,, the greater portion of its oastem bor- 
der wae inclBdod in Indian reservations not open 
for setUanent, and there were but fow white set- 
llers in any portion of the Territory. Its Indian 
popniation was rapidly decreasing, while many 
emierantfl from diflerontpartsofonr country were 
aniioufily wwting the eitinvtion of the Indian 
title, anil (he establishment of a Territorial Gov- 
ernmcnt, to seek new homes in its fertile prw- 
ries. It eannot be doubted that if its condition 
as a free Territory had been left undisturbed 
by Congreaa its settlement would have beep 
rapid, peaceful, and prosperous. Its climate, 
soil, and its euy acc«as to the older settlement) 
•uld have made it the favored course for the 
le of anigration constantly flowing to the Wes^ 
d by this time it would have boon • admitted 
bo the Cnion as a Free State, without the least 
itliouat eioitement. If so organized, none bat 
tbe kindest feeling could have existed between it 
ind the adjoining State. Their mutual inloresH 
md intercourse, mstead of, as now, endangering 
Jje harmony of the Union, would have strength- 
ened the lies of national brotherhood. The tes- 
ny clearly shows, that betoro the proposirioo 

duced into Congress, the people of western Mis- 
souri appeared mditfMent to the prohibition of 
Slavery m the Territory, and Bother asked not 
daired ita repeal 

When, however, the prohibition woe removed 
by the action of Congress, the aspect of affairs 
entirely changed. The whole country was agi- 
tated, "by the reopening of a controversy which 
conservative men in different sections hoped hod 
been settled, in every State and Territory, by 
some law beyond the danger of repeal. The ei- 
cltement which has always accomiiaiiied the 
dlBOttasion of flte Slavcryquestion was greatly in- 
creased, by the hope on the one handof eitead- 
Ing Slavery into a region from whicbit had been 
exelnded by law, and on the other by a sense of 
wrong done by what was regarded as a dishonor 
of anational compact This excitement was natu- 
rally transferred into the border counties of 
Missouri and the Territory as settlers favoring 
freeorShiveinstitutionsmoved inloit. A new 
difficnltysoon occurred. Diflei-entconstructioiia 
put upon the oj^aaio law. It we 



ed by the one party 



thattli 



right to hrfl Slave* 



.Google 



THE STRUGGLE FOE SLAVERY RESTRICTION. 



In the Territory exbted. and (bat Deither tlie peo- 

Sle nur (he Tcmtorifkl Legi^lnturo could probibit 
lavery — that that power waa alone poeeeeeed by 
the people whcu they wers Hufhorized to form a 
State govertimenL It nos contended that tbe 
removal of the reatriction virtuHll/ estsbliBbed 
Slavery in the Territory, This claim was ui^ed 
by many prominent men in woBtern Missouri, 
wba actively engaged in the affairs of Ibe Tern- 
toiy. Every movement, of whatever character, 

regnrded a& an interference vith their rights. 

Within a few days aflier the organic taypasa- 
ed, and ae soon aa ita paeaago could be known 
on the liovdBr, leadiuR citisena of Mieaouri cross- 
ed into tho Torritor j;, beld sqnatter meetingsand 
then retnrned to their home*. Among their reso- 
Intions aro the following : 



Similar resolutions were passed in various 
parts of the TerritoiT, and by meetings in seve- 
ral counties of Missouri. Thus tbe first effect 
of the repoal of the restriction against Slavery 
was to anhatitnte the resolves of sqaatter meet- 
ings, compoaed almost exclualveJy of citizens of 
a amgle Stale, for the delibecate action of Con- 
gress, acquiesced in for thirty -tive years. 

Thrs uulatvful interference has been continued 
in every important event in the history of the 
Territory ; etery ckctian has tieen eontrolled not 
by the actual settlers, but by citizens of Mis- 
souri, and as a conaequCQCe every oEoer in the 
Territory, fiom constaDleB to legislators, encept 
those appointed by the President, owe their pr -' 
tiona (o non-reMOent voters. Hone have b. 
elected by (be eettlera, and your Committee hi 
been unable to Had that any political poi 
whatever, however unimportant, has t>een e; 
ciaed by the people of the T> ' ' 



IS and building UieircatHuii. 
About the same time, and before any election was 
or could be held ia the Territory, a secret j— '■'- 
cal Boi^ety was formed in tbe State of Mir 



nstrumeut in orgai 






andff 



■gamams t 
irays. fn 



) subseqnent Kmei 
I Lodges in Missouri 
discussed, the forco 



closed 



It was known by diffen 
Lodge," "The Sons of the So 



■' Social Baud," 



Soeietj 






were bound together by secret oaths, 
bad paeswords, signs, and grips by which they 
were known to each other. Penalties were ■" 
posed for violating the mlos and secrets of 
Order. Written minutes were kept of the 
ceedings of the Lodges, and the different Lo 

KB(iou. It embraced great numhera of Ibo 
zeus of Missouri, and was estended into o 
Slave States and into tbe Territory. Ita avowed 
purpose was not only to extend Slav«y into K 
sas. but also into other Territory of the Uni 
States, and to form a union of all the &ienda of 
that iaatitution. Ita plan of oparadi^ was to 
fcaniio aud send men to vote at the elections 
the Territory, to collect money to pay their 
pensea, and, if neceasory^ to protect them in i 
ing. It also proposed to mduce Pro-Slavery i 
to eioigrale into the Territory, to aid and susl 
them while there, and to elect none to office 
those friendly to tbeir views. This danger — 
Booiety was controlled by men who avowea their 



J, UIB 10J 

J .... divided... 

to bands, and leaders selected, moans were col- 
lected, and signs and badges wero agreed upon. 
While tbe great body of the actual settlers of tha 
Territory were relying upon the rights secured 
to them by the organic law, and had formed no 
orgauizBtlon or combinatibn whatever even of a 
party character, this conspiracy against their 
rights was gathering strength in a neiehhoring 
State, and would have been sufficient a( their first 
election Ur have overpowered them, if they had 
been united to a man, 
I Tour Committee had great difficulty in elicit- 

! "---roofof thedetajlain regard tolhissecrst 

One- witness, member of the legislative 
■cfusod to answer questions ia reference 
Another declined to answer fully, ba- 
de BO wonkl result lo his injury (3{. 
Others could or would only answer as to the geno. 
■ punioses of the Society, but sufficient is dis- 
=™t .)! ]jig iBstimony to show the influence it 
Bontrolling the elections in the Territory, 
first election was for a Delegate to Cob- 
cress. It was appointed for the aSth of Hovem- 
ber, 1854. The Governor divided the Territory 
into seventeen Encoiion-Dlatricts ; appointed 
Judges and prescribed proper inles for the eloo- 
lioi^ In the Ist, Hid, Vllllh, IXth, Xth, XUth, 
Xlllth, and XVIIth Districts there appoara to 
have been bat little if any fraudulent voung. 
llie election m the lid District was held at the 
iUnge of Douglas, neai'ly fifty milea from tbe 
[issouri Une. On the day bwbre IheelecUon, 
Tge oompanies of men came into the district in 
agons and on horseback, and declared that they 
ere from the State of Missouri, and were going 
I Douglas to vole. On tlie morning of the 
eofion theygothered around the house where 
the election was to be held. Twooflhe Judges 
appointed by tbe Governor did not appear, and 
other Judges were elecled by tb e crowd. All 
then voted. In order lo mate a pretense of 
right to vote, Bocne persons of the company kept 
a pretended register of squatter claims, on which 
aay one could enter bis name and then assert ho 
had a clidm in the Territory. A eitlsen of the 
district who was himself a candidate for Delegate 
lo Congress, was told by one of the slrangers, 
that ho would be abused and probably killed if he 
challengedavote(4). He was seized by the collar, 
called a d— d Abolitionist, and was compelled to 
seek protection in the room with the Judges. 
About tbe time the polls w«'e closed, tbese 
strangers mounted their horses andgot into their 

'•AUaboard forWcBtport and Kansas City." 
A number were recognized as residents of Mis- 
souri, and among them was Samuel H. Woodson, 
a leading lawyer of IndependeBce. Of Ihosa 
whoso names are on the poll-books, 35 were resi- 
dent Beltlerfi and 'J26 were non-residenla, 

Tbe election ia the IVth District was held at 
Dr. Chapman's, over 40 miles from the Missouri 
State hno- It was a thinly-settled region, con- 
tiuning but 47 voters in February, I3a5, when 
tbe cBusas was taken. On the day before the 
election, from lOU U> 150 citizens of Cass and 
Jackson Counties, Mo., come into this district, 
declaring their purpose to vote, and that they 
were bound to make Kansas a Slave State, if 
they did it at the point of the sword (5). Persons 
of the party en the way drove each a stake lo the 
ground and colled it a claim— and in one case 
several names were put on one stake. The par- 
ty of strangers camped all night near where the 



, Wikefield. (ij Petsr BuiiageT. 



(4)Jo)l 



.Google 



THE KANSAS-NEBRASKA STRUGGLE. 



eleclion was to be hold, and ia tlio momiag were 1 
Bt tlia election polls end voted. One of tbeir e 
party got drunk, and to get rid of Dr. ChnpniDQ, 
ajudga of tlie election, tlioyaeut for him toeome 
anil see a siek man, and in bis absence filled his 
riaoe with another judjie, wlio was not Bwom. 
They did not deny or oooooal lliat fhoy were re- 
udents of Missouri, and many of them were re- 
cogaiied ao such hy others. They declared that 
tbey were bound to make Kaueaa a Slave State. 
Thoy insisted upon their right to vote in the Ter- 
ritory if they were in it one hour. Alter Uie elec- 
tion thsy again returned to Iheir homes in Mis- 
souri, camping over aight on the may. 

We find upon tlie poll-books IGl names ; of 
these not over 30 resided in the Territory, Hi were 
non-residents (6). 

Bot few settlers attended the election in the 
VCh DistncC, the District being large and the set- 
tlement seatlered. SS votes were oast ; of Uieee 
between 20 and 30 were settlers £), and the resi- 
due were citizens of Missouri. They passed into 
the Territory (8) by way of the S«ita Fe road 
and by the residence of Dr. Wcstfal), wbo then 
lived on the western line of Missouri (P). Some 
te atthe polls as to the leeal- 



Whilfleld, and 
BBi a Slave State— and that they had clmms 
the Territory. JudgeTeazle, judge of the Court 
in Jackson Connty, MiBsonn, was present, but 
did not vote (9). He saul he did not intend tc 
vote, but came to see that others voted. Aftci 
the electioD, tlie MissonrianB returned the waj 

■^o" Stion in the Vltb District was held al 
Fort Scott, in the southeast part of the Tcrri 
tory and near the Miasouri line. A party of 
about one hundred men, from Ca3a_ and the conn 

tory, traveling about 49 miles, most of them 
with their wagons and tents, and camping out. 
They appeared at the place of election. Some 
attempts trere made to swear them, but two of 
the Judges were prevailed upon cot to do ao, an " 
none were sworn, and as many as chose votei 
There were but few resident voters at the poll 
The settlement was sparse — about 35 actual se 
tlero voted out of 105 votes cast, leaviogSO illi 

SI votes (10). After the voting was over the 
lasourians went to their wagons and comcaenced 

The most shameless fraud practiced upon tbi 



hts of the settlers at this 


ection mas in the 


ICb District. Itisaremc 




miles from the Missouri lin 


e, and contunedin 


ebruary, A. D. 1S55, three 





vet the poll-hooka show tliat (>04 votes were casL 
'fhe election was held at the house of Frey Mo- 
Gee, at a place called " 110." But few of the 
BEtual settlers were present at the polls (11). A 
witness who formerlyresided in Jacksoa County, 
Mo., and was well aequajnted with the oitiieas 
of that county (lli), says that he saw a great 
many wagons and tents at the place of eleotion, 
and manv individuals ho knew from Jackson 
County. He was in their tents and conversed 
with some of them, and they told him (hey had 
come with the intention of voting. He went to 
the polla intending to vote for Flenn ' 



challenged by Prey McGee, who 



Bouri, was acting In his place. Thewitnos 
oballeoged the vute of a young man 1 



ne of Nolan, whom heknewfo reside in Jock- 

I County. Finally the thiagwas bushed up 

.... ' - ' -, good many friends there 

1 a might lead to a fight-' 

„_.. . _. .-jre votes. Both voted ai 

e then went down to their camp. He there B» 

"'voted 'at the elccfk " 

iaouri, and wbo still 

a careful comparisoi 

isus rolls, we find bat n names on the poll- 
taken three months afterwards, and we are sat- 
isfied that not more than 2(1 legal votes eould 
ive been polled at that election. The only re- 
ients wbo are known to have voted are named 
r the witness, and are 13 in number — thus 
Bving 5S4 illegal votes cast la a remote dis- 

iqoMnted with each other. 
The total ni mber of while inhabitants in the 
Xlth District in the month of February, A. D. 
1S5S, including men, women, and cbildien, was 
36, of whom 2I were voters— yet the poll- lists in 
■'is District show that 245 votea were cast at 
lis election. For reasons stated herealTer in 
'gard 10 the election on the 30Ui irf March, your 
Committee were unable to procure the attend- 
of witnessesftomiLisDistrict. From the 

ds it clearly appears that the votes cast 

could not have been by lawful resident voters. 

The best test, in the absence of direct proof, by 

ch (D ascertain the number of legal voles 

t, is by a comparison of the oensna-roU with 

poU-book — by which it appears that but 7 

ly and &andulantiy given, 
'he election in the ^Vth District was held 
he house of Benjamin Harding, a few miles 
. . n the lownof St, Joseph, Misflouri. Before 
the polls were opened, a large number of citi- 
zens of Buchanan County, Missouri, and among 
them many of the leadiag oidzens of St, Joseph, 
were at the place of voting, and made a major!' 
ty of the company present. At the time ap- 
pointed by the Governor for opening the poUe, 
two ot the Judges were not there, and it became 
the duty of the legal voters present to select 
other Judges. The Judge who was present (13) 
BUtTtested the name of Mr. Wateraon as one of 
the Judges — but the crowd voted down the pro- 
position. Some diseussioa then arose as to the 
right of non-residents to vote forjudges, during 
which Mr. Bryant was Dominated and elected 
by the crowd. Some one nominated Col. John 
Scott as the other Judge, who was then and is 
now a resident of SI. Joseph. At that time ho 
was the City Atloraey of that place, and ao Con- 
tinued until this Spring, but he claimed that the 
night before he had come to the house of Mr. 
Bryant, and had engaged boarding for a month, 
and considered htmsolf a resident of Kansas on 
that ground. The Judges appointed by the 
Governor refused to put trie nominaljon ot Col. 
Scott to vote, because lie was not a resident. 
After some discussion, Judge Leonard, a citizen 
of Missouri, stopped forward and pnt the vote 
himself; and Mr. Scott was declared by bun as 
elected by tbe crowd, and served as a Judge of 
Election that dav. After the election was over 
be returned to St. Joseph, and never since has 
resided in the Territory. It is manifest that this 
eleotion of a non-resiilent lawyer as a Judge mas 



«i.ftsed. 'a: 



completed, tbe voting proceeded, but the oflcct of 
the rule adopted by the Judges allowed manv, il 
notamiyorityofthenon residents, tovole. They 
claimed that th«r presence on the ground, «a 



wGoogle 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



pecially when they had a claim in tho Teii 
^ve Ibem n ri^ht lo Tolc — under that eoii 
tiOQ of the law tJioj readily- ivhen rGquired^ 
they were " residonts" aed then voted. B 



The election in the XVth District waa held at 
PenEeman'B, on gtcBnger Creek, a few mtlea 
from Weaton. Mi^ouri. On the day of tlie elec- 
tion a large numbor of citiiena of Platte County, 
but chiefly from Weston and Platte City, came 
in smsll tiaitie9,ia wagons and on horseback, to 
the polls. Among tbtan were aever^ IcadioR 
citiaensof that town, and the names of many of 
them are given by the witneeses (14). They 
generally itieisted upon their right to vote, on the 

f round that every ' — '■ '-'~ ~ "— 



(15). Ai 
leuKo^ - 



dUvotedwho'choae. Homo 
purpose of the ati 



chal- 



ine. Your Committee is saUeSed froi 

mony that not over 100 of thoao who voted had 

any rigiit ao to do, leaving at least ^06 illeg^ 

The election iii theXVlth Distriot was held at 
Leavenworth. It was then a small village of 
l^ree oc four bouses, looaled on tbe Delaware 
BeservadoB (17). T6ero were but comparative- 
ly few setttei then ia the district, but the num- 
ber rapidly increased afterward. On the day 
before and on Qie day of the election, a great 
many citizens of Plane, Clay, and Ray counties 
crossed tbe river — most of them camping in tents 



!aVdii 



and wBsons about tho town, " like a camp meet- 
ing" (18). They were in companiea or messes of 
ten to fifteen in each, and numbered in all several 
hundred. They broueht their oim provisions 
and cooked it themaJves, aud were generally 
armed. Many of them wore known by the wit- 
noasca, and their namea given, and their names 
are found upon the polfbooke. Amons them 
were several persona of Influence where they re- 
sided in Missouri, who held, or had held, high 
official positions in that State. They claimed to 
be resideutB of the Territory, from the fact that 
mt, and insisted upon the 

„ . . 1 to make Kansas a SUve 
SUte. Theae stoangers crowded around the 
polls, and it was with great diffionlty that the 
settlers could get to the polls (19). One resident 
attempted to get to the polls in the afternoon, but 
was crowded and pulled back. He then went 
outside of the crowd and hurrahed for Gen. 
Whitfield, and some of those who did not know 
him said, "that's a good Pro-Slavery man," and 
lifted him up over their heads so that ho crawl- 
ed on their heads and put in his vote. A person 
who BBWii:oiQ the color of his ticket ihstit was 
not for Gen. Whitfield, cried out, "He is a 
damned Abolitionist — let him down;" and they 
dropped him (30). Others were passed to the 
polls in the same way, and others crowded up 
in tbe best way they could. After this mock- 
ery of an election waa over, the non-residents 
retm-ned to thar homea in Misaouri. Of tho 
312 vofcB cast, not over 150 were by legal 

The following abairact eihibits the wbole num- 
ber of voles at this election, for each candidate ; 
the number of legal and illegal votes cast in 
each district ; and tbe number of legal votes in 
each district ia February following ; 



AB8TEACT OB" CENSUS AND ELECTION OF NOV. 29, 1854. 



1 


Pi ion Of VOTISG. 


4 

i 

■ 
1 


i 
r 


r 


r 
I 

i 


1 


n 

■ S 


1 

2 

s 


1 
1 


1 

XHt 

xvTi 

XTIII 




235 
40 

697 

i 


w 


80 


i 


s 


& 


2S 
IB 

71 
103 
11)0 

62 


eo 


l;;:!^a; ::::::::::::::::::::::::::::: 






Ci>UB(^l Gro«_ 














■ 


2269 


24S 


SOS 


21 




- 


IIU 


1T2S 





Thus your Committee End that in this the first IMiaaouri, m violation of the or| 

election in the Territory, a very large mtyority the Territory. Ofthe legal votes 

of the votes were east by citizens of flie State of Whitfield received a plurality. Th. 

I bnt little interest m the election, u 



a H. Keller, and J< 



.Google 



THE KANSAS-NEBRASKA STKUGGLE, 
ited for, iro: 



1Z3 



Bt tho 



Of Free and Slav« iastitDlioos 

ly regarded bv them as dlatio^tl 

der flieae oircmnstantea a sygl'ematio iw 

from an a^joiDing Stale, by which lares nu 

ofiUegalTOteawero cast in remote and i 

settlementB for Ibe avowed ijurpoee of "■ 

ing Slavery into tlirs te-"'- — ■- — '^ 



Delegate 
questioii 
general. 



did not change 




crime of greHt i 






















iiH 








he Territory, 


n 



211 though 
ABSTRACT OP CESSTJS RETURNS 



result of the clectinn, waa a 

itude. Itg imniedinto effect 

tho people of the Northern 

-— of retaliation, and einepe- 

jttlera against thoir neighbora 

Febraary, i. d, 1855, tha 

nla and qnalified voters in 
abstract of which is hera 



B7 


1 

P 

i 


• 
i 

1 


f 
i 


f 


; 


n 

it 




' 


1 

1 


1 

1 

i 




I 
X 


1 


IS 


Sflfl 


459 


1385 

1 

i 


7S 

46 

1 


27 


i 


S62 

IM 
99 












SM j «8 




24 
60 


Hi 
















Alel. 8. Johnson 




612B 


33T3 


290S 


S46» 


T181 


mi 


151 


2t2 


8601 



a Ihe Bame day the censu 






the Go«mor isaned hie Proi 
election to be held on the 30tb of Mt 

J855. for Membera of the Legislative j 

of the Territory. It prescribed the bonndaricB 

of Dietricts; the places for polls i the u ' 

Judgea ; the appointment of menit)ers ; 
cit«d the qaali:iioation of volera. If it b 
observed, a jnst and fair election would have 
reflected tlie will of the people of the Territory. 
Before tie election, false and inflammatory rn. 
mora were busily clrcn!at«d amoag the people of 
Western Miaaonri. The number and character of 
(he emigration then paesing into the Territory 
were grossly eiaggoratod and niiarepreaentod. 
Through the active cxertionaof many of its Icnd- 

referred to, the passions and prejudicea of the 
people of that State were greatly eicited. Seve- 
ral residents there have teatifled to the character 
of the reports circulated among, end credited by, 
the people. Theao efforfa were sucoeesful. By 
nnorganiied movement, which oitonded from 
Andrew County in tlie north to Jasper County 
in the eontb, and as far oaatward as Soone and 
Cole Counties, companies of men woi'e arranged 
in regular parUes and sent inM every Council- 
Diitnci in the Territory, and into ecery Reprt- 
seatalive District but one. The numbers were 
BO distributed as to control tho election in each 
diatrict. They weat to vote and with the avowed 
deaign to make Kansas a, Slave State. Tbey 
were generallyarnied and eiji* ' - . -.t 



Counties, in the state o. 

penses were paid— those who could t_. 

contributing provisiouB, wagons, etc (31). Pro- 
viaions were depoaited, for those who wero ei- 
peeted to come to Lawrence, in (be house of 
William Lyklns, and wero distributed among 
the Miasoorians after they arrived there (32). 
The evening before and the morning of the day 
of election, about 1,000 men from the above 
counties arrived at Lawrence, and encamped 
in a ravine a short distance from (own, near the 
plaoo of voting. They came in wagons— of which 
.1 — "lundred — and on horso- 



ick, under th 



imand of Col. S 



Dl Young 



of Boone County, Miasouri, and Claybon 
F. Jackson, of Miaaouri. They were armed 
with guns, rifles, pistols, and bowie-knives, and 
had tenia, muaio, and flags with them (33). They 
brought With them two oiecea of arlillery (Sj). 



(21) r. P. Vsngli™. 

add, Norman Allon, 
k W. DlBtilec. C. W 
Gbaptnan. 



. (22) B 



" -" Buckloy. (21) B. Chspmaa rouidwi Itaiidioa 



.Google 



THE STRUGGLE FOE SLAVERY RESTRICTION. 

house (401. Afterward a passageway througli 



londBd with mmkct-balla 125). On their -way to 
Lawrence aoma of thcjn met Mr. N. B. Blanton, 
who had heen appointed one of the Judges of 



^ingto 



, Idthenlhrei 

n order to induce him t 

In consoqacnceuf thes 

ippear at the poJIe the nei 



The evening before the election, while in camp, 
the Missourinos were called together at the test 
of Captain Claiborne P. Jackson, and speeches 
were made to Ihem by CoL Youag and others, 
oalUng for volunteers io go to other distriets 
where there were not Miseourians enough to 
control the election, and there wore more at 
Lawrence than were needed there (27), Many 
volunteered to go, and the morning of the elec- 
' lion, several companiea, from ISU to 300 men 
each, went off to Tecnmseh, Hickory Point, 
Bloomiugton, and other places (38). On the 
morning of the election, the Misaonrians < 

bodiea'^of one h^ndred^at"^ tirar(29r^ mT: 
ton not appearing, another Judge was appointed 
in his plaee — Col. Young claiming that, ar -"-- 
people of the Territory had two JndeeB, it 



tereala gd) ; and Robert E. Cummins was elect- 
ed in Blanton'B stead, because he considered 
that every man had a right to vote if ho had 
been ia the Territory but anhour (31). The Mis 
■ouriana brought their tickets with them, (33) 
bot not having enough, they had thr— ' — ■" — 

more printed m T " 

and the day of 
ribbons in their I 
nlvea from the settlera {^4). 

When the voting commenced, the question of 
the legaUty of the vote of a Mr. Page was rMsed. 



LO legahty ot 

up to the window where the votes were received, 
and said he wonld settle the matter. The v 
of Mr. Pago waa withdrawn, and Col. Yoi 
offered to vole. He refnaed to take tho oath 
preBCrihed by the Governor, but swore hi 
resident of the Territory, upon which h 

was roceivod (35). He told Mr. Abbott, 

the Judges, when naked if bo intended to make 

buaineaa ; that if he were a resident then, I 
ohould ask BO more (36). After hia vole waa r 
jraved, Col. Young got up in the window-aill and 

■ " '-'■■- - jwd that ho had heen per- 

Id all come up and 

„i8 that there was no 

_ r the others, aa they would all 

Bwearaahehaddona(38). After the other Judges 
conclnded to receive Col Young's vote, Mr. Ab- 
bott resigned as Judge of Election, nnd Mr. 
Beinamin was elected m his place (39). 

The polls were so much crowded until late ia 
tho eveniog, that, for a time, when the men had 
voted, they were obliged to got ont by being 
hoisted up on the roof of (he building where the 
election waa being held, and pass out over tho 






d to vote, and they could oil o 
(37), He told the Judges that t 






itoa. «T)Non 



. (32) C. W. Bebcoek. Rolien 



I 0. W. Babcock. J. S. Abbott. 



&»y 0- W. Bsbcock, 8. N. Wood, C. S. Piact, ). B. 



allowed t( „. , 

were tired with the traveling, and wanted to get 
back to oamp (43). 

The MiasouHans sometimes came up to the 
poUa in procession, two by two, and voied (43). 

During the day the Missonriana drove off the 
ground some of the citizens, Mr. Stevens, Mr. 
Bond, and Mr. Willis (44), They threatened to 
shoot Mr. Bond, and a crowd cashed alter him 
threatening him, and ea he ran from them aome 
shots were fired at him ax he jumped off the bank 
of the river and made his escape (45). The citi- 
zens of the town went over in a body, late in the 
afternoon, when tho polls had become compara- 
tively clear, and voted l46J. 

Before the voting had commenced, tho Mis- 
aonrians said, if the Jndgea appomted by the 
Governor did not recrfve their votes, they would 
choose other Jadgea (47). Some of them voted 
several times, changmg their hats or costs and 
coming up to the window again (48), They said 
they intended to vote first, and after they had 
got through then the othera could vote {4!»), 
Some of Ihem clamed a right to vote under the 
organic act, from the fact that theu' mere pre- 
sence in the Territory constituted them residents, 
though they were from Wiaconain, and had homes 
in Missouri (50j. Othera sdd they had a right 
to vote, because Kansas belonged to Miaaonri, 
and people from the east had ao right to settle in 
the Territory and vole there (51). They said they 
come to the Ttrrilory to elect a legislature to 
suit themselves, as the people of the Territory 
and persons from tho east and north wanteii to 
elect a loeiolatnre that would not suit them (52), 
They said they had a right to make Kansas a 
Slave Slate, because the people of the north had 
sent persons ont to moke it a Free State (531, 
SomeT:laimed that they had heard thai the Emi- 
grant Aid Society had sent men out to be at the 
electiOQ, and Ihey came to offset their votes ; but 
tho most of them made no aueh cloim. Col, 
Young said he wanted the citizens to vote in 
order to give the election some show of fauTiess 
[S4). The Miasourians said there would be no 
difficulty if the citiiena did not interfere with 
their voting, but they were determined to vole — 
peaceably, if they could, but vote any how (55). 
They aMd each one ot them was prepared for 
eight lonnda without loading, and would go the 
ninth round with the butcher knife (56), Some 
of them said that by voting in the Territory, they 
would deprive themaelves of the right to vote in 
Missouri tor twelve.months afterward (57). 

The Missonriana began to leave the afternoon 
ol the day of election, though some did not go 
home until the aeil morning (58). 

In many cases, when a wagon-load had voted, 

(40) B.B.Laild.N'onnan Allen, O.W. Bibcock, Ly- 
mao Allen, J. M. BauliB. (41) E, B, Ladd, Norin&a 
Wlru, Ljlnau Allen, (43) Ljman Allen, B. D. Ladd, 



iac,^lliM"aoptj 



.Google 



THE KANSAS-NEBRASKA STRUGGLE. 



12S 



^a the election, they would 
hsng bim (6U). 

The citiieDB of the town of Lawrence, as s 
general thing, were not armed on the day of 
eleolion, though some hnd revolvers, but not 
eipO9ed,aBWerethenrniB0ftheMLasourInnS|61), 
They kept a guard about the town the night 
ailer the election, in consequence of the threats 
of the MlsBourians, in order to protect it (62). 

The Pro-Sliiverj men of the Distriot attended 
the nominating Conventions of the Pteo-StBte 
men, and voted for, and secured the nominatioDs 
of, the men they considered the most obnoiious 
to the Free-Slate party, in order to causa dia- 
sension in that party 163). 

Qnite a number of settlera came into the Dis- 
trict before the day of election, and after the 
cansaa was taken (Ml. According to the census 
returns, there were then in iho District 369 legal 
voters. Ofthoso whose names are pn the census 
returns, 177 are to be fonnd OQ the poUbooks of 
thoMlhofMarch, 1855. MesarB.Ladd,Baboock, 
«nd Pratt, testify to 55 names on the poli-books 
of persona they knew to have eetllad in the Dis- 
trict after the census was taken and before the 
election. A nnmber of persons came into the 
Territory in March, before the election, from Uie 
northern and eastern Stale 
who were m Lawrence on the day 
At (bat time, many of them bad 
oliuiiis, and had no fiied place of residence. 
Such were not enliHed to vole. Many of them 
became dissatisfled with the country. Others 
were disappointed in its political condition, and 
at the price and demand for labor, and returned. 
Wbelher any euub Toted at tbo election, is not 
cloBrly shown, but from the proof, it is probable 
that in the latter part of the day, after tlie great 
body of the Missourians 

to the polls. ITie number . 

voted the Free-State ticket. The whole number 
of names appearing upon the poll-lists is 1,034. 
After full eiamination, we are sadsfied that not 
OTor 232 of those were legal voters, and 802 were 
non-resident and illegal votera. This District is 
strongly in favor of making Kan! 



1 settle, 
selected no 



and t^ere is no doubt that the Fre 
dates for the legislature w 
by large majorSios, if u<i 



jeen elected 
tnul settle 



a short time, when Mr. Jones marched with the 
crowd np to thewindow, and demanded that they 
should be allowed to vote without swearing as 
to their residence (68). After some uoisy and 
thrcateaingtalic Clubome F.Jackson addressed 
the crowd, saying they hal come thore to vote, 
tliut they had a right to vote if they had been 
there but five minutes, and he was not willing to 

with cheers (69). Jackson than called upon Ihcm 
lo form into little bnndii of fiileen or twenty, 
which they did (70), and went to an oi-wagon 

filled with guns, wbir"- j;.^!i....„,i .„.,„™ 

them (71), 8 ■ 



1 proceeded to load some of them 
era). In pnrsuanee of Jackson's 
tied white tape or ribbons in their 



request^ they tit- , -- 

buttonholBS, so as to ^stmgnish then! from the 
"AbolitioniBta" |73). They ^ain demanded that 
the Judges should remgn, and apon their refus- 
ing to do BO, smashed m the window, sash and 
all, ond nresentad their pistols and guns to them, 
throatenmg to shoot them (74), Some one on tha 
outside cried out to them not to shoot, as thera 
were Pro-Slavery men in the ro^m with the 
Judges (75). They then put a pry under the cor- 
ner of the house, which was a log house, and 
lifted it up a few inches and let it fall agMn (76), 
but doaistod upon being told there were Pro- 
Slavorymen intho house. Duruig this time tha 
crowd repeatedly demanded to be Slowed to vote 
without being sworn, and Jfr. Ellison, one of the 
aea, eiprcssed himself willing, bat the other 
Jodges refused (TT) ; thereupon a body of 

. i...?j,J 1 l'oV.=ritr Jon°= " "iibod ^nln 

_ hands, and approoehi 

Burson and Kaa,aHy (78). Jones pulled ont his 
watch, and said he would give them fivenunutes 
to resign in, or die (79). When the five mi- 
nntea had expired and the Judgea did jKfi resign, 
Jonea said he would give (hem another mmnte, 
and no more (80). Ellison told his associates 
that if they did not resign, there would be one 
hundred shots fired in the room in less than 
fifteen minutes (81) ; and then, snatching up the 
ballot-box, ran out into the crowd, holding up 
the ballot-boi and hurrahing for Missouri (82j. 
About that time Burson andKarosay were called 



__,._^ ^ . lebutthei 

had voted. At the preceding electi 
ber, 1854, where none but legal .uici= „^.^ 
polled, General Whilfield, who received the fuU 
strcn^ of the Fro Slavery party (65), got but 
46 votas. 

II. District — Bt-ooMiseTos. 
On the morning of election, the Judges ap- 
pointed by the Governor appeored and opened 
the polls. Their names were Ilarriaon Burson, 
Natlianie] Ramsay, and Mr. Ellison. The Mis- 
aourians began to come in early in the morning, 
some 5W0 or 600 of them, in wMons and cairiages, 
and on horsetiacfc, under the lead of Samuel J. 
Jones, then Postmaster of Westport, Missouri, 
Claiborne F. Jackson, and Mr. Steely, of Indo- 

Endomie, Mo. They were armed with double, 
rreled gnns, rifles, bowic knives and pistols, 
and had flags hoiatf d (66). They held a sort of 
informal election, off at one side, at Erst fbt Gov- 
craorot Kansas, andsbortlyafterwordannounced 
Thomas Johnson of Shawr-- "—' '— -' 



poll-book 



Qovct 



)r (67). The polls had bocn o] 



iway fromTiim ^5) and shortly 
ae out himself holding them up, 
,. ,_.. ..! i",i86). ^AHer b- ■'■'■- 

. to take 

the poli-books from Burson (871. Mr. Burson 
saw them coming, and he gave the books to Mr. 
Umberger, and told him to start off in another 
direction, so astomislead Jones and his parly 
(88). Jones and his party canght Mr. Umberger, 
took the poll-books away fi'om him, and Jones 

(63) H. Bureon, N. Rsmiaj, 1, M, Dunn , A. WW to, B. 

0. Mm*., H. M^^J^ Wm. IssBee, John A. Watefldi 

(JO) E. G. Ha°By, J. A. wiieflelj. (71)' j! M. Dunn, 

1. 0. »ano , A. Whit.. (12) B. O. Mlcoy. (T3) J, M. 
Dano, 1. N. Mace. A. Wbite, K. G. M»=ej, 1. A. Waks- 

(76)' H. Burson. H. Eimiaj. J. W. MacB, J.C.Dunn, 
A. Wiile, B. (i. Macej, D. MniVi S. Jonoa, J. A. 
WstBlloli, (77) J. C. Dan, [78) H. Bur>on, N. Ranuav. 



wGoogle 



THE STHOGGLB FOR SLAVERY EESTRICTION. 



took him up beMndhim on ahorse, aod cocried 
him back ti prisoner ISS). Aftei' Jonee ' ' ' 

Sarfy had tttken Umbergec bnok, they vicut lu 
le honae of Mr. Eamaay and tuok Judge John 
A, Wakefield prisoner, and carried him lo thf 
place of election (90), and made him get up oi 
ft WBBOn and make them a apcech ; after whiol 
Ibej put a white ribbon in hi8 buttonhole and 
let him go (91). They then choj 
Judgee, and proceeded with tl 

Thoy alao Ihreateoed to ki II the Judges if they 
did not recCTVellieir votes without swearing Ihem, 
or else resign (92). They said no mau should 
vote who would eubmit to be sworn — that Ihey 
would kill any one who would offer to do so— 
"shoot him," ■'cnthiBgnt8out,"6tc. (93). They 
B^d no man should vote this day uu1e»s he voted 
an open ticket, and was "all right ou the goose,'' 
(94), and that if (hey conld Dot voto by fair 
means, they would by foul means (fl5). They 
said they had ae much right to vote, it they had 
been in tho Territory two minutea, aa if tbey had 
been thero for two years, and they would vote 
(96). Some of the citizens who were about the 
window, but had not voted when the crowd of 
Missourians marched up there, upon attempting 
to vote, were driven back by the mob, or driven 
off(97(. One of them, Mr. J. M, Macey, was 
asked if he would take the oath, and upon his re. 
plying that he would if the judges req^uired it, he 
was dragged through the crowd away from the 
polls, amid oriee of ■' Kill the d— d nigger thief," 

drawn bowieiknives, one man putting 
his heart, so that it touched him. another holding 
a cocked pialo! to his ear, while another struck 
at him with a club (SB). The Miasonrinns said 
they had a right to vote if they had been in the 
Territory but five minutes (99). Some aaid they 
had been hired to como there and vote, and get 
a dollar a day, and, by G — d, they would vole or 
die there (lOU). 
They satd tlio 30th day of March was an im. 

Eartant day, as Kansas would be made a Slave 
tate on thatday (101). They began lo leave in 
Ihedirectiou of Mianouri in the afternoon, after 
they had voted (103). leaving some thirty or forty 
around (he house where the election was held, 
to guard the polls until alW the election was 
over (103). The citizens of tho Territory were not 
around, except those who took part in tho mob 
(104), and a large portion of them did not voto 
(105) ; 341 votes were polled there that day, of 
which but some thirty werecitizens (106). A pro- 
test against the election was made to the Gov- 

Iho Governor wore lost by the Committee of 
Elections of the Legislature at Pnwnoo (lOS). 
Tba daplieale returns left in the ballot-box were 
taken by F. E. Lalcy, one of tho Jud( 
by the Mi 






(bS N-^ltain.*y', J. iZ'd. 



JUmt- (98) J. N. Mwuy. H. ttuii/. (SB) J. H. Dunn, 

Dunn, 1. 0. Dunn. 1. While. ' (101> N. RaiuMT. (102) 
J. 0, Dann. A. White. (103) A. White, (lUt) U. 
BuIEon. aOt) B.lIuraoD. J. N. Mace, H. Unizy. Wm. 



roved in bis bouse (109), so that yonr Coml□i^ 
:e have been unable to matitute a compsriwD 
etween the poll-hsis and oenaua returns of this 
isfiiet. The tcstunony, however, is uniform, 
lat not even thirty of those wlio voted (her« 
lat day were entitled to vote, leaving 311 illegni 
ales. We are satisfied from thelestiiuony that, 
id tJie actual settlors alono voted, the Free 
:ate candidates would have been elected by a 
indsome mnjurity. 

IIId DiSTiticT— TjicvasEH. ' 

On the astb of March, persons from Clay, 

Jadteon.ond Howard Counties, Mo., began lo 

oe into Tecumaeb^ in wagons, carringos and 

horseback, armed with guns, bowie-knives, 

with threats, encamped close 

of theclection, before the polls wore opened, somo 
300 or 400 Blissourione and others were collected in 
the yard about the house ofThomas Stinao n .where 
tho election was to be held, armed with bowio- 
revolvers, and ciubs(lia). Theysaidthey 
■"■- md whip the damned Ysnki 



ouldvi 



liout btang sworn (113). Som, 



■e during their attempts lo organise (114). 
.uc luom oftheJudgeewas also filled by many of 
he strangers (115). Tho Judges could not Sffroe 
oncoming the oath to betoken by themselves 
Jid the oalh to be administered to the voters, 
Jr. Burgess desiring to administei' the oath pro- 
Cribed by the Governor and the other two 
ndges opposing it (116). During this discussion 
^ween the Judges, which lasted some time, the 
rowd outside became escitad and noisv, threats 
_ning and cursing Mr. Burgeaa. tho Free-State 
Ju%e (117). Persons were sent at different 
times, by the crowd outside, inlothe room where 
the Judges wore, with threatening messages, es- 
pecially against Mr. Burgess, and at laatten min- 

as the time passed, persons outside would call out 
the nurobor of minutes loft, with threats against 
Burgeaa, if he did not agree to oi^aniiio (IIS). 
end of that time, the Judges not being 
able to organise, loft the room and the crowd 
proceeded lo elect nine Judgea and carry on Iho 
eleeliOQ (119). Tlte Pree-State men generally 
left tho ground without voting, stating thai Ihera 
waa no use in thou- voting there (120). The polls 
were so crowded during the first part of the day 
that the oitizens could not got np to the window 
lo vote (ISl). Threats woro made against 
tho Free-Stats men (1^). In the afternoon the 
Rev. Mr. Gispatrick was attacked and driven off 
by the mob. A man, by some called " Tcias," 
made b speech to tho crowd urging them to vote 
" " '" "■ the ground until the polls were 

' '■'■ ■' ould come there 
them, a ' " 



closed, for ibar the abolitions 
in tho afternoon and overpoi 
Ihey would lose all their trouble. 
For m^ing an atEdarit in a protest againat this 



suEtin. (113) Jnhn 






.Google 



THE KANSAS-NEBRASKA STRUGGLE. 



election, setting forth the facta, Mr. Bnrgesa was 
iDdietedbytheGrBiiilJuryforperjury, iThieUin. 
diotmert was found raoretlioD fifteen months ago, 
Bud ifl Blill pending, Mr. Unrgese hovot havinc 
been informed who Ilia accuser wofl or what was 
the tcatimony agaiast him (123). A large ma- 
icrify, four to one. of the actual settlors of that 
diatrfct wei-e Free-State men [l24), and there 
cannot be the least donbt, if Done but the 
actual Bottlers of the district had voted at that 
election, that Ihe Free-8tBte candidato would 
have bei'n elected. The number of legal TOtes 
in the rUstriot, according to the census returns, 
was 101. The (ofal number of votes oaat woa 
373, and of these but thirty -two are on the re- 
turns, and from the testimony and records, we 
are satisfied that not over fcrty legal votes were 
cast at that eleetioD. A body of armed Miesou- 
riana came into the diatciot previous to the eleo- 
tioQ, and encamped there (ife). Before the time 
arrived for opening the polle, the Missontiana 
want to anoihor than the town appointed for the 
election ; and one of the Judaee appointed by the 
Governor, and two oboaen by the Miaaourians, 
proceeded to open the polla and carry on the 
election (126). The Missoariana said none b' 
Pro-Slavery men ahould vole, and threatened 
Dhoot any Free-State man who should come i , 
to vote (137). Mr. Mockboe, one oflhe judges 
elcoled by the Missouriana, had a store near the 
boundary fised by the proclamation of the 
Governor, while he cultivated a farm in Miasonri, 
where his femily lived (128), and where his legal 
reeidenoe waa then and ia now. The jriasonrians 
also held nside-elccUon for governocof the Terri- 
tory, voting for Thomas Johnson of Shavmeo Mis- 
aion (1U9). ^fhe Free-State men finding tho polls 
under the control of the non-reeidenta. refused to, 
ote (131)). They constituted 









whole number of vc 



™ in this district, aooord- 
eightv, of whoi 

sus-rolls,iriio did 



^ofn 



UB days prior to the eloclioti, 
m were organized in Jackson, Ot 



the election, the polls for Ball Creek precinof 
-ere opened, and, without swearing the Jndgce, 
icy proceeded to receive the votes of all who of- 



le Jndgta and 

J, le would be put down 

having offered to vote, but "rqecfed, rofua 



_, ., This .._... „ 

revioualy and perfectly understood by the 
u^es (138). But few of the reaidenia of the 
dislncl were present at the election, and only 
thirteen voted |139). The number of voles casl 
in the precinct was 393. 

One Missourian voted for himself and then 
.jted for hia little aon, but 10 or 11 years old 
(140). Col. Coffer, Henry Younger and Mr. Ly 
kina, who were voted for and elected to the Le- 
Halature, were residents of Miaaouri at the time 
(141). Col. Coffer aubsequenlly married in the 
Territory. After tho polls wereclosed the re- 
turns were mado, and a man, claiming to be a 
inagstrate, certified on them that he had sworn 
: Judges of Election before opening tho polls 
2). In the Potawatamie precinct the Miasou- 
..-na attended the election, and after threatening 
Mr, Cheanut, the only Judge present appointed 
by the Governor, to induce him to resign, they 
roeceded to elect two other Judges— one a 
lissourian and the other a resident of another 
net of that District. TTie polls were "- — 

- ■- ■■ ■"- i.>-!di,d ^{.ri* nllnwj 



>pencd, and all the Missourii 
After the polls were oloai 



re allowed to 



m[135). 



, ea, Mo., for the purpose of . 

the Territory and votuig in this Vth dif 
(1331, Tlia daypreviona to the election, i 
m or 501) Miaaourians, armed with guns, pistols, 

and knives, came into the Ten" ' "' 

SDDie at Bull Cre^ and othei 
Cteek(13l.)Thei 

- ' " ■' enmg oeiore me Oil 

.._ J Caaa County Coui-, , 

IB Potawatamie Creek oarop to Bnll Creek 
for sixty more Mlaaoaiians, as they had 
enough there lo render tho elecfic- -—*--- 
about Ihatnumberwentdowntlien 
On tho evening before the election, ur. o. >,. 
Weatfall was efeoted to act as one of tho Judges 
of Election in the Bull Creek ptecmct, m place 
of one of the Judges appomtcd by the G<)vernor, 
who, it was said, would not bo there ihe nest day 
/1361. Dc. Wcstfall waa at that time a citizen of 
Jackson county. Mo. (137). On the morning of 



b'. C. We.l 



1, and the returns 

for the signature of the Judges, Mr. 

Chesnnt refused to sign them, as he did not con- 
sider them correct returns of legal voters. 

Col. Coffer, a residaot of Missouri, but elected 
to the Kansas Legislature from that District at 
that election, endeavored with others to mduoe 
Mr. Chesnnt by threats to sign the returns, 
which he refused to do, and left the House. On 
his way home he was fired at by some Misson- 
rians, though not injured (143). There were 
three illogS to one legal vole given there that 
day (144). At the Big Layer prccmct, the 
Judges appointed by tha Governor met at the 
time appointed, and proceeded to open the polls, 
after behig duly sworn. After a few votes had 
been received, a party of Missonrians cams into 
the yard of the house where the election was 
held, and, unloading a wagon filled with arms, 
stacked then- gnus in the yard, and came no to 
the window and demanded to be admitted to 
vote. Twoof the Judges decided to receive their 
votes, whereupon the third Judge, Mr. J. M. Ar- 
thur, resigned, and naotber was chosen in his 
place. Col. Young, a oitiien of Missouri, but a 
candidate for, and elected to, the Territorial L«- 

Sslative Council, was present and voted in 
e precmoL He claimod that all Missounana 
who were present on the daycf election were 
entitled lo vote, Bnt thu;ty or forty of the citi- 
zena of tho precipct were present, and many of 
them did not vote (145). At the Little Sugar 
precinct, the election seemed to have been con- 
ducted fairly, and there a Free-State majority 
waa polled (146). Prom the testimony, the whole 
District appears to have beenlargely Fi'ee-Slate, 
and had none but actual settlers voted, the Free- 
Stale candidates would have been elected by a 
largo majority. From a careful examination of 
tho teslimony and the records, we find that fi'om 
aOO to 235 legal votes were polled out of 885^ 



ass) Dr. 



(Ul) D 



.Google 



THIS STRUGGLE FOR SLAVERY RESTRICTION. 



irom aaw^ i-^ounEj, cu^no iau> ijiis i^iaetiul liiu 
day bcforo Ihs Dlevtioii,B[>mo camping and ottiere 
puttiDff up attho publio-honsB (147). They uum- 
bered from 101) to 3)0 (H8), (uid came iu iTBgona 



imed Hie right lo do eo. T&oy wont to the 
polls generally in emnll bodice, with tickets in 
tbcir liiinds, aiicl many, If not all, voted. In 
Boiao cases Ihey declared tbat (hey had voted, 
and gave their roaeons for so doing. Mr. An- 
deraou, a Pro-Slavery candidate for the Lrasla- 
tai'e, endeavored to diecnade (he non-reBidents 
from voting, bocfluee he did not wish the eleetion 
oontoatad (M9). This peraon, however, insisted 
upon votini^, and upon hie right to vote, and did 
BO. Ho one was challenged or sworn, and nil 
voted who deared to. Out of 3S0 votes cast, not 
over lUO were l(«al, and but 64 of these named 
in the censtis taken one month belbro by Mr. 
Barber, tho candidate for Uonncll, voted. Many 
of the free-Stale men did not vote, but yonr Coiii- 
milice is satisfied that, of Ihe legal votes cast, 
the Pro-Slavcry cmididatee recwved a majority. 
Hr. Anderson, ono of these candidates, vras 
into tho District 
. . re the election, ond 

e until the day after 

the etection. Se then took mth bun the poll- 
liBts. and did not return to Fort Scott nntil the 
occasion of a barbecue the week before the elec- 
tion of October 1, 1855. Hevatedat that elec- 
tion, and after it left, and has not since been m 
theDialiict S. A. Wifliams, the otlier Pro- 
Slavery candidate, at the time of tho election had 
a claim m liie Territory, but his l^al residence 
was not there until after the election. 

VIIth District. 
From two to three hundred men, from Ihe 
State of Mieeouri, came in wagons or on horse- 
back to the eleetion gronnd at Swit^cr's Creek, 
in tho VIIth Distiict, and encamped near the 
polls, on the day preceding tho election. They 
were armed with pistols and other wei^ons, and 
declared their purpose to vote, in oi-der to secure 
the election of Pro-Slavery members. They said 
they were diaappointed in not finding more Yan- 
kees there, and that Uiey had brought more men 
than were necessary to coanterbalance their vofe. 
A number of them wore badges of blue ribbon, 
with a motto, and the company wore under the 
- ■ ' They declared (heir inlen- 






selve 



tie rewdenls of the Territory otempted to stop 
them from voting. Two of theJudgraof Elec- 
tion appointed by Governor lieeder, refused to 
serve, whereupon tvra others wore apgoinled m 
their stead by the crowd of Missourians who 
ann-eunded ttie polls. Tho newly-appointed 
Judges refused to take tho oath prescribed by 
Governor Reader, but made ono to suit them- 
nelves. Andrew Johnson rcqnesled each voter to 
Bwoar it be had a elwin in (ho Traritory, and 
it ho had voted In another Dlslriet. 'flie Judges 
did not take tlio oath prescribed, but were swum 
to receive all legal voios. ITie Missouriona 
voted without being sworn. They supported 
H. J. Stickler for Council, and M. W. McG«o for 
Hepreaenlalive. TTiey left (he evening of the 
... .■. . .. f.i. ..-..J... l.^^sehock for 



election. Some of them started eu 



Lawrence, OS they said they 

igh(, and d]1 went (ho way they cann 
'■- -■•— - =■* legal votersin ihe Di! 



ts-list ebon 



DBld be I 
way th( 

If Ibcae 25 weio 



Dis- 



lents, 17ofwhom were in (lie District when the 
^nsus was taken (160). Some of the rteidonta 
iresentat the polls did not vote, dcclnring it use- 
ess. Candidates declined to ran on the Pree-Stata 
.ickot because they were unwilling to run the 
risk of so unequal a contest — it being known that 
great many were coming up from Missonri to 
ots (151). flearly all the settlers were Free- 
itate men. and S3 of tho 35 legal votes j^yoi 
fcre cost for the only Free Slnto candidate mn- 
nlng, Mobiller McCiue, who was declared elected 
"- — laentative, had a cl^m — a sawmill and a 
in the Territory— and he was there part ol 
me. But his legal residence is now, and 
lien, near WestpoFt, in itfissouri, where he 
and conducts a valuable fiirm, and where 
his family resides . 

VIIlTU DiSTHlCT. 

is was attached tfi the VIIth District for a 
lerofthe Council and a representative, 
ts vote was controlled by the illegal vote 



S'ree-StaCo tiokei 

IXt 
Fort Riley and Pawnee are in this 
The latter place was selected by the G . . . . 
the temporary capital, and he designed there 
expend the sums epproprialcd by Congress in 
1 — 4.:^Q g[ HuitaWe houses for the Le- 



[arch, 1855, 

to seek omployment. Some of (befo voied at (h« 
election. The construction of the capital was 
first postponed, then ab.indoned, and (mally tho 
site of the (own was declared by (be Secretary 

of War to be within (he h'"' *" ' 

Fort Kiley. Some of the 
to Ihe Stales, and some w. 
(he Territory. Your Committee find that they 

oud were entitl^ (o vo(o fl^). 



Inry resori-ation i 
hub!tan(8 returns 



ion of 



Xth District. 



In (his disirict (en jicrsons belon^ng lo t1 
Wyandot tribo of Indians voted. They vrere 



lage, at the mouth of Kansne River, and they 
had no right to vote in this disiricL They vo(cd 
tho Pro-Slavery ticket (153). Eloven men re- 
cenlly from Pennsylvania voled (he Pree-S(atB 
Ticket. From tho (eadmony, Ihay hod not, »* 
the lime of (he elccdon, so established (heir resi. 
dence as to have entitlod them to vote (154). In 
both these claaees of eosee tho judges esammed 
the voters under oath and allowed them lo vote, 
and in all respects the elecliun seems to have 
been condnctai fairly. The r<joctiou of both 
would not have changed tito result. This and 
the Vlllth Election-District fi>rmed one rcpre- 
eentadvo distiict, and was tlie only one lo which 
the invasion from Missouri did not eitend. 
XlTH District. 



Jti. jh 8te«- 



.Google 



THE KANSAS-NEBRASKA. STRUGGLE. 



UoD-Dialriot is 60 milee north from PawDee, and 
150 miles from Kansas City, it is the northvest 
Bettlement in tLe Territory, and contmnod. when 
the census wm taken, but 36 inhabitonls, of 
wbtaa 24 were voters. There waa on Ihe day of 
election uo white settlement ahout Marysviile, 
Ihe place of voting, for 40 miles, except that 
Marshall and Bishop kept a store and ferry at 
the crosaing of the Big Blue and the CaUtbrnia 
road 1155). Your Committee were unable to 
lirncure witnesses from Ibis district. Persons 
who were present at the election wureduiysnm- 
moned by an oEBeer, and among them waa F. J. 
Marshall, the member of the House from that 
district. On his return the officer was arrested 
and detained, and persons bearing the names of 
some of the witnesses summoned wcro stopped 
near Lecompton, and did not appear before the 
Committoe. The rctums show tliat. in deHsnce 
of IhB Governor's proelamation, t lie voting was 
viva voce, instead of by baliot. 328 names ap- 
pear upon Ibe poll books, as voting, and by com- 
paring these " " .... 






id that hi 



voted. 



, — ji voted for as Repreaentalii 

Marshall, waa chief owner of the storu a 

viJle, and waa ih^re Bomotimoe (156), ._ 

family lived in Weston, John Donaldson, the 
candidate voted ibr for the Council, then lived 
in Jackson County, Missonri (157). 

On the day after the election, Mr. Marshall, 
with 25 or 30 men from Woston, Mo., waa on the 
way from Maryaville, to the State. Home of the 
party told a witness who had formerly resided 



party told a wit 
Weaton, that t) 



at they were up at Marysville and 

Tied the day for Missouri, and that Ihe^ had 

voted about 150 votes. Mr. Harshall paid the 

■e been any cmi- 
Eration into that district in March, 1355, after 
Uie I'enBua waa taken, andjudging from llie beat, 
test in the power of yonr Committee, there were 
but seven legal votes cast in the district, and 
321 iUegal. 

XIlTH District. 

The election in this district was conducted 

f^rly. No complaint waa made that iUegal votes 

XIIlTH District. 

Previous to ihe day of election, several him- 
dreda of Miasoariaos from Platte, Clay Boone, 
Clinton, and Howard countiOB, came into the 
district in wagons and on horseback, and camped 
there (158). They were armed with gans, revolv- 
ers, and bowie-kiiivee, and had badges of hemp 
in their button-holee and elsewhere about their 
persons (15!)). They claimed to have a right to 
vote, from the fact that they were there on the 
ground, and had, or intended to make, cl^ma in 
the Territory, although their families were m 
Missouri (100). 

Thejudgea appointed by the governor opened 
the poUa, and some peraous offered to vote, and 
when thtdr votes were rejected on the ground 
•■--it ihevwerenot resideuta of the diatric' " 



orowd threatened to 



Judges did not leave (161). The judges 
withdrew, taking the poll-booka with tbem 



The 



(162). 



(1»5) Angoitut Biker. <IM) AbjiiiIixs Bilwr. (1. 
J. S. D-Arli. (169) J. B. Rqik, W. H. Ooivia. 1 



u.=..^o, and if Ifaey said they did, they v 
lowed to vote (164). Bat few of the n 
were preaont and voted (165) , and the I'r. 



the judges of election settine oat the facta, hut It 
was not verified. The number of legal voters in 
this district was 96, of whom a m^ority were 



XIVth District, 
It was generally rnmored in this district, for 
some days before the election, that the Missouri- 
ans were coming over to vote (168). Previous to 
the election, men from Missouri came into the 
district, and electioneered for tbe Pro-Slavery 
candidates (16^1. Uen. David R. Atchison and 
a party controlled the nominations in one of th« 
pnmary elections (170). 

Several hundred Missonrians from Bacbanan, 
Platte, and Andrew Coantiee, Mo., including a 
great many of the prominent citizens of St. Joseph, 
came into this preoi not the day before, and on tha 
day of election, in wagons and on horse, and en- 
camped there (1?1). Arrangements were made for 
them to cross the ferry at St Joseph free of ei- 
pense to themselves (172). They were armed 

^73). oS*ho mom^g o?'_thVelSn,'Se Fr^ 

of the preaence of tbe large number of armed 
Misaouriana, at which the crowd cheered and 
harrahed (174). Gen. B. F. StringfeUow waa 
present, and waa prominent in promoting the 
election of the Pro-Slavery ticket, as was also 
the Hon. Willard P. HaU, and others of the mi 
prominent citizens of St. Joseph, Mo. 



ao. (175l ] 
lointed by 



But 



one of the judges of e ... , .,, „. 

governor, served on that day, and the crowd 
chose two Olivers to supply the vacancies (176). 
The Misaourians said they came there to vote 
for, and secure the election of, Major Wm. P. 
Eichardson (177). Major RichardBon, elected 
to the Council, bad had a farm in Missouri, 
whcro his wife and daughter lived with his aon- 
iu-law, Willard P. HaB, he himself generally 
going home to Missouri every Saturday night. 
The iarm was generolly known aa the Eichard- 
son farm. He had a olojm in the Territory upon 
which was a saw-mill, and where he generally 
remained during the week (178). 

for voting that they had ht 



(1S4) It. ChuidlsT, (]SS) I. a. £ 
(IM) J. B. Rom, Dr. J. Nobla, R. OJ 
O. B. Tebbs. (187) J. B. Ro>a. Dr 
B- HsrdJo?. John H. Whitahesd. t 

aioi'fir.G.'Sf'CuUfr. (171) A. 'a. 

(jKler, A. l^rzelier,Wjlltt!tl' P. Hall'. 
Stewart, A. M, MitcbBl], H B. Crael. 



I. B. Carter, W. F. U 



wGoogle 



THE STRUGGLE FOE SLAVERY RESTRICTION. 



said they were KoinEto vote for the purpose 
of making Kansas a Slave State (18n. 

Some claimed that tbey had a right to tote, 
under (he proviaioDg of the Kansas-Nebraaka 
bill, from the fact that they were proeeat on the 
eround on tho day of election (imi. 

The Free-Stale men generally did not vote 
(183). and Ihoaewho did vote, voted generally 
for John H. Whitehead, I*ro-Slavery, for Coun- 
cil, against M^or Wm, P. RichaidEon. and did 
noWoteat-Ll or,„™ er.n 1 e .ow.r 

ITie I-- 
n the dixCt 



irdaon, the Pro-Slavery candidate for Council, 
tireatened Dr. Culler, the Pree-Slato candidate, 
that if he couteated the uleolion ho and bis oiEco 
'lonld be put In Ihe Missouri Kiver 1^00). 
The number of voiea in the dislriet by the oen- 
iB waa yd4-of IhoBB I'-ii voled. The testimony 
:tows that quite a number of nersons whoaa 
If^l reaidenee waa 



The parties were pretty nearly equally divided 
'" *hn -'istrict, acme being of opinion that the 
^e party had a email majority (185), and 
uiHciB uiat the Pro-Slavery party had a emoll 
majority (186). After the election wae over, 
and the polls were cloeed, the MieaourianB re- 
turned home. Durii^ the day they bad provl- 
wons and liquor aerveil out, free of eipense to 
all (187). 



could. They wen - . 

■ any just or legal aenae. A nnmber of fleltlera 
_.jved info the district in Ihe monib of March. 
Your Committee are satiafied, after a cai'dul 
analysis of the records and loBtimnny, that the 

■jcr of legal votes oast did not ejtceed 900— 

if 727. 



more MisBoanaDa froni Platte, Buchanan, Sa- 
line, and Clay counties, Missouri, came into this 
jirecinol, with tentSj music, wagonB, and provi- 
sions, and armed with guna, rifles, piatola, and 
bowi&knivea, and eDcamped about two miles 
from the piaco of voting (188). They said they 
came to vote, to mako Kansas a Slave State, 
and intended to return to Missouri after they 
had voted (189)- 

Oq the morning of the election the Jndgea ap- 
pointed by the Governor would not serve, and 
others were appointed by the crowd JiaO). The 



B. 



le (194), though conaiitutins a majori- 
ty in tho precinct (195)- Upon countiiigthe bal- 
lots in the box aod the names on the poTl-listB, it 
waa found that there were loo many ballots (1D6), 
and one of the judges of election took out bal- 
lotfl enough to make tho two numbers correspond 
(197). 



Woi 



Rive 



Prcci, 



hia^lBce, wb 

Protests w 
in the variou 
but Ott acco 
ofMissouria. 
it be called 
who eliouia 
presented to 


consented to 


Kre dravn Dp 

precincts in t 
ant of threats t 
s would be at a 

the Governor 



their VI 



But few MisBomiaas were present in Ibis ■ 
clnct, though some of them threatened one of 
judges, because he refused to reoeive their votes, 
and when ho reaigued another iras ehosen in 
■'■ ■ to receive "--■ '" 

n ^e"xi V-1 
;"ec 



(181) W- v. Hall, H. a. Cref I. (162) B. H. B« 
W. Stt-art, H. a. Oteol. (183) -*- A. JamiewD, 
KichardBon, J. H. Wbilehesji, A. L&Tselier, i 

WhltehUd', dsb) A, A, Jsm'icBOi, B. Jtudi'i 
Isuieiiet, C. W. Slemrt. (IBB) S. P. Richardi 
B. WbitEbetd. W, !■. Hall. Thni. W. Wallerion 
Blair. (187) W. P. Kchiriaoq, a. W. Gillsspie. 
Bichud Tuck. EH HamlltDc, Jotau Undii, I 
Tlirl.m™n. J. W. Bealt:«, D«>id Hwr, (189) ft. 



lar. (1S2) B 



(194) 1 



. |1M)R 



, on Uie t 



n the Ten 
and sold tl 



3ry. b 



ent li 



IBS county of 
e of the nver, 
ranged eattlo, 



cro»d 



XVth Dis' 



500 



■X was held in the 

,e day of election a 

1 (afll) collected 



■fMisaouri. OneoflheJudgoaoi 
lis lealimony (209), states that Ihe . 
gera commenced crowding around the polls 
that then the residents left. Threats were 
before and during the election day that 
should be DO Free-State candidates, allhougb 

^ were nearly or quite sr "■--- 

Pfiv^lavery i —-:-■-. 



™, uiiuougo 
ly Free-State 

:g ond carouaiug. 



t of Ihe crowd were driukinj 
ursine the Abolitionists and llireotenini the 
aly Ifree-State J udge of Election. A mmorily 
.f those who voted wore hemp in Ihar buttou- 
holes (203) and their pasa-word was, " all right on 
"•- hemp." Many of the Missouriana wers 
vn and are named by the witnesses. Several 
speeches wero made by them at the polls, and 
among thiHO who apoke wero Major Oliver, one 
of your Committee, Col. Bums, and Lalau Wil- 
liams of Platte County, Major Oliver urged np- 
ou all present to use no harsh words, and ei- 

Sressed the hope that nothing would bo Satd or 
one to barm the feelinga of the most sensitive on 
the other aide. He gave some grounds, based on 
the Missouri Compromise, in regard to Ihe right 
of voOug. and was unders'-"* ' " '■' 



Bed that he di 
mended all to > 
home without i 
residents were 
ence with their 



r Con 



nd he hoped none would go. 
Some of the Pro-Slavery 
dissiitiafied at the interfer- 
bythe Missourians, and for 
mai reason — oecauae reflection convinced them 
that it would be bettor to have Kansas a Vree- 
State— they "fell over the fence" (804). Tho 
judges requoEted the voters to lake an oath thai 
they were actual residents. They olgeeted at 
lirst, some saying they had a claim, or " I am 
here." But the iTree-State Judge inaiatcd upon 

disposed to wiuve it, eoincided with hrm 



le of a square, s 






ho had cut him a few sticks 
id that mado bim a claim. The Frce- 
did not vole, although they belio' " 



Stale 

their numbers . . , _ . 

ty. They were deterred by Ihi-eats throughout 
by the Missourians, before and on the day of 
eiectioB, from putting up cani^dates. and no can- 
didnles were run, for thia reason— thai IbBre waa 



(200) Dr. G. A 



(Ml) J- B. Ct4i 






.Google 



THE KANSAS-NEBRASKA STRUGGLE. 



The K am was 17 ; of the 

iiamtB on the pgil-book but 62 are in the cbobub- 
rolls, and the tcalimooy shows that a small por- 
tion, estimated by one witoese at one-^uartec of 
the leaal votere, veiled. Your Committee aati- 
mate Iho number ot legal votera at 8U, One oC 
fhejadgea refecred to, certified to the Qovemor 
that the election was fairly conducted. It naa 

sponsibllity of doing i'l ae it was not considered 
safe, and that if another election was had, the 
lesiaeuts would face no better. 

XVIth Distbiot. 



Territery and vote po5), and the day before 
and on the day of election, large bodies of Mia- 
Eourians from Platte, Clay, Hay, Chariton, Car- 
rol, Clinton, and Saline Countiea, Mo,, came 
into this district and camped there (3D6). They 
were armed with pistols and bowie-knives, and 
some with gnns and riQes ^D7), and had badges 

about ufoirpermL (SOffl?" *' "" " *" *"* 
On the morning of the election there were 
from l.UOO to 1,400 persona prceent on the cronnd 
(209). Previous to the election, Miasourians 
endeavored to persuade the two Free-State 
indeea to resign by m ok jng threats of personal 
violence to them (210), one of whom resigned 
OD the morning of election, and the crowd ciiose 
another to fill his place (21]). But one of the 
judges, the Free-State indge, wonld take the 
oath prescribed by the Governor, the othertwo 
deoimng that they had no right to swear any 
one who offered to vote, but that all on the 
ground were entitled to vote {313). The only 

Bome 30 Wyandot Indians being allow^ to 
vote (213). 

One of the Free-State cundidateB withdrew in 
consequence of the presence of the Missourians, 
amid cheering and acolnmations by the Mis- 
souriana (3H). During the day, the steamboat 
Hew Lucy came down from Western Missouri, 
with a loree number of Missourians oh board, 
who voted and then returoed on the boat (315). 

The Hissoorians gave as a reason for their 
coming over to vote, that the North had tried to 
force emigrotion into the Territory, and they 
wanted to counteract that movement [216). 
Some of the candidates and many of the Mis- 
Eourians took the ground that, under the Ean- 
sas-Nebraska act, all who were on the gruund 
on the day of election were entitled to vot« 
(217), nnd others, that laying out a town, stak- 
m^ a lot, or driving down stakes, even on an. 
other man's claim, gave them a right to vote. 



DOe of the members (ai8)of the Con 
iea, declared in his testimony that 
should put a different couatruction upon 



ememigrants were there f-QO). The Free -State 
Judge of Election refused to sign the returns un- 
til the words "by lawful resideut voters" were 
stricken oat, which was done, and the returns 
made in thiit way (331). The election was con- 
tested, and a new election ordered by Gov. 
Reedcr for the 22d of May. 

The testimony is divided as to the relative 
strength of parties in this district. The whole 
number of voters in the district, according to 
.. .. 385 i and, according to 



a. H, France. ('^11 1>. Bi 
e. (£12) M. FnuCB. <2ia) 
t, L. /. FKin, W. H. Ad.ms. <aIS) 



idims. H, 

MMtli'isi.' 

<21S) M. ' 



ine census returns, was ooa ; anu, 
a very carefully-prepared list ot^ voters, pre- 
pared for the Pro^lavery candidates and other 
Pro-Slavery men, a few days pr 



the 



ilectiou, there were 3U5 voters in the district, 
including those who hod cl^ms but did not live 
on them 1333). The whole number of votes cast 
was 964. Of these named in the census 106 
voted. Your Committee, upon careful eiamina~ 
tioQ, are satisfied that there were not over 150 

XVUth DlSTKlCT. 

The election in thia district seems to have 
been fairly conducted, and not contesteil at all. 
In this district the Pro-Slavery party had the 
m^ority. 

XVIIlTH DisTKic-r, 

Previous to the election, Gen, David E. Atchi. 
son of Platte City, Mo., got up a company of 
Missoarions, and passing through Weston, Mo,, 
(^3) went over into Uie Territory. He re- 
mained all night atthe house of , and then 

exhibited his arms, of which ho had an abund- 
ance. He proceeded to the Nemohaer (XVlIIih) 
District tWi). On his way, he and his party at- 
tended a Nominating Convention in the XlVth 
District, and proposed and caused to be nomiu- 

wishcs of the Pro,Slavery resiifents of the dis- 
trict (925), At that Convention ho aaid that 
there were 1,100 men coming over from Platte 
County, and if that wasn't enough they conid 
send 5,000 more — that they eamo to vote, and 
would vote or kill every G— d d— d Aholitionlat 
in the Territory (226), 

On the day of election, the Uissoorians nnder 
Atchison, who were encamped there, came np 
to the polls in the XVlIIth District, taking the 
oath uiat they were residents of the district. 
The Missourians were bU armed with pistols or 
bowie-knives, and said there were 60 in their 
company (237), But 17 votes given ontbat day 
mere given by residents of the district (228). 
The whole number of votes was 62. 

It. L. Eirk, one of the candidates, came into 
the distriet from Misst^uri about a week before 
the election, and boarded there fQ9). He k-fl: 
after the election, and was nut at the time a legal 
resident of the district in which ho was elected. 

of threats made agiJnsE any who slionld dare t» 
contest the election (3301. The following tables 
embody the result of the examination ot your 
Committee in regard to this election. In some 
of the districts it was impossible to nscortain 



(218) B. Brmra. 


r.A.H 


«t. (219) D, Broi. 


,B,A. 


liDHa. 


G. F. W» 


«n, f 


A. llirt, M. lr«nee 


H. M. 




(220) L. 


,EMtr 






m)!-. 


i. Bi6>tii> 


H. F» 


KK.'W. H. Adam's. (222) L. 


.£mi 






G^l' 








Gn Dm, <M5)"Dr 






(i») Dr 




Cutl", (227) II. H 


Biter, 




l«>V.'(*J 




Bater. John Balew 


«a») 



wGoogle 



'33 THE STRUGGLE FOE SLAVEET RESTRICTION. 

the prcciee number of ths leg 

if Itgol anil ceming the eiootion 



the precise number of ths legal votes cnat, and I illecnl voles cast is stated after a enrBfal n.jn 
especialW Id the XlVlh XVfg and XVIfh Db- amfnation of aU the SKILd S, o« 
trielB. fit such eases tho number of legal and ceming the eioction : fecoras ooi 



3 

a 

la 
g 

i 

g 

O 

s 

s 
i 


1 1 

4 ^ 


1 i 1 1 i 1 


_briii.K.iVot« 


1 


No. of Itligal Totei io 
Council Duirict 


B 3 S la S SSS 1 


No. or Lagal Votes in 
Cuancll Dl'ttict 


s ^ " g| S sS" H 


Bl^-ction'Sl^?!!.'.!" 


S s 5S« 8 S s g a g "gjsj g j 


^;JL%C-T.t\: 


^ 3 S SSJSB 2 S S ||SSS-S = S|SgS S S 


OounellDiJwe""..!! 


P S Ml 633 8 I 


K°*«lon^»i"ri "!!..'! 


S s s j=p J 1 s H=ssg== 55 g J 




" S « s " "3 




DiaWcito'lheS"?.?" 


62 s s 1 s S S 


No. of Vol., for tham 


ja""SS3-aE"ss=sse sss-s- s ..gs 


if 


iiyiiiii ji 


J?.'SiS';"S.!i";:i' 


IS i IS 1 =s= sji 


r.%s;s.s.i':!- 


a3S=ss=|==s53S3:ssjasi-8a-.ijsg=jg|sj 


Is 


i jjfjjjjjjiUjjiiiijjjjjiHni 

yi|iiiiipMpiiii:ifflilii 


No. o( CounciimBa 


— « -^ „ ..„« „ 


No.ofVoter.brCsnsni 


1 sS a =5? a -55 I 


VoUtn in ElectJoa Stata 


i a s jsssa .-u ^. . . ., . 


i 


M MJi? 

II mas „">, .i= . 


No. or Election Di.W=t| 


~ - S ""'*--" =.«e « „ 


No. of Council Dl.tricl.| 


— - .. » ..3 1 



.Google 



THE KANSAS-NEBRASKA STRUGGLE. 
ABSTRACT OF ELECTION OF MAECH 30, 1S55, BY REPRESENTATIVE DISTRICTS. 



I ' i» 



« § IJ S 



.'•it5;!,m;".' *• I Si J!' a | | 1 1 s=ssjs=j s s 3 1 g 5 



°'S|§gSa-"-g5liSS = = *'»B33SS£SSgS3SSSS S'-«S""SaSSS=' 2gS 



l1lifl!l|'|1|t|li|ii'tl|Hlsll|il Ifsll'lfalsi ''i 



B g al 



s s 2 s 









; = s S aS 8 1 






all 



wGoogle 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



1 

s 

2. 

3 
S- 
j 

i 

10 

]2 

IS 


PLiCK Of VOTINO. 


1 


1 

5 


1 


f" 


1 

2. 


1 


C.=.d.. 


C'tl. 


H-.. 1 




s. 

1 


5! 

1 


1 


i 


i 




365 

211 

32S 
£33 


n 
1 


^ 


234 
328 


I 

100 

S3 


338 
331 


17J 


SflB 
39 

2M 


1 
s 


] 




i 




D'Tb"'*"'"'™""''""' 






















(Sl.Marj'. ™ 














TaUl 


6427 


791 


»2 


S3S0 


ISIO 


4963 


3501 


2392 


- 


IS 


~ 


!6 



Tour. Cummittoe report the following' facto 
not shown by (be tables: 

Of ihe twenty-niuB hnndred and five voters 
named iu tlio ccnaaB-rullB, eight hundred and 
thirty-one are found on Iho polT-boolta. Some of 
the settlers were prevented from attending the 
deetion by the diBtance of their homes from the 
poUsi bntlteffreatmajorilywere deterred by the 
open avowal that lai^e bodiee of armed Miflson- 
rians would be at the polls to vote, and by the 
fact that they did so appear and control the elec- 
tion. The same oaiisea deterred the Free-Stats 
settlers from running candidates in several dis- 
tricts, and in others induced the candidates to 
witbdcaw. 

The poll-books of (he lid and Vlllth districts 
were lost ; but the proof is qnite clear that, in the 
Iia district, there were thirty, and in the Vllllh 
district tbirty-eiKht legal votes, making a total 
ofeight hundred and ninety-eight legal voters of 
(he Territory, whose names are on the censDs- 
retnmB, and yet the proof, in the stato in which 
we are obliged to present it, alter eieluding ille- 
gal votes, leaves the total vote of 1,310, showing 
a discrepancy of 419. The discrepancy is ao- 
cflnnted for in two ways : first, the coming in 
of settlera before the Harcb election, and after 
the census was taken, or settlers who were omit- 
ted in the census; or secondly, the disturbed 
state of the Territory while we were investigat- 
ing the elections in someof the districts, thereby 
preventing US from getting tcsUmony iu relati— 
to IhenameaoflogDvotorf -' ■'-•■■- " -' 






Iftheelectio! 



n confined tothei 



dents, or the knowledge that they would be 
present in numbers sufficient to out-vote them, 
the testimony indicates that the council would 
have been composed of seven in favor of making 
Kansas a Free State, elected fi-om the let, lid. 



IIId,rVth,andVIth,coundI-district3. ThereauK 
in the Vlllih, and Xtb, electing three members, 
would have been doubtful, andthe Vth, Vlllh, 
and IXth would have eieetod three Pro-Slavery 



of making Iftns 

State, elected from the lid, Illd, IVth, Vth, 
yiiai, Vlllth, IXth, and Xth repreeonlaiive- 



By the election, as conducted, the Pro- 
Slavery candidates in every district but the 
V tilth representaf i ve-dietrlot, receivedamworily 
of the votes ; and several of them, in both the 
Council and the House, did not " reside in" 
and were not "inhabitants of" the district for 
which fhcy were elected, as required by 
ganiclaw. By that--* ^•- — '-' — ^ 

the people thereof ^ 

regulate their domestic 

own way, sulgect to the Constitution of the 

United States. 

So careful was Congress of the right of popular 
sovereignty^ that tu secure it v> the people, 

lUntrj, they removed Hie restriction against 



declared to be 

S; of this act to leave 
y free to form and 



Slavery imposed by the Missouri Compromise. 
And yet Ibis right, so carefully secured, was 
thus by force and Iraud overthrown by a portion 



wGoogle 



THE KANSAS-NEBRASKA STRUGGLE. 



Bud only one in the biatory of our Governmant, 
by wiiich on orgonizcil forco Lrom one State has 
efecled a Legialalure for another State or Tern- 
tory, and ossuch it should have been resisted 
hy tha whole exeentive power of the national 

YouF Committee are of the opinion thot the 
Constitution and laws of theUnited States bave 
invested the President and Governor of the Ter- 
ritory wiih ample powerfor this purpoae. They 
could only act aft errbctdving authentic informa- 
tion of the facU, but nhen rnceived, whether be- 
fore or after the oertificatea of election were 
granted, this power should have been eserdsed 
to its fullest eitont. It is not to be tolerated 
that a legiBlfttive body thae selected should as- 

their enactments should oe regiuxled as null and 
void i nor should the question of its legal exist- 
ence as a legislative body be determined by 
itself, as that would be allowing the orimiiial to 
judge of his own crime. In section twenty-two 
of the organic act it is provided, that " the per- 
Bona having the highest number of legal votes 



B"i >uK!o lur the House irf neiirBBBUiaunat, 
shall he declared by the Governor duly elected 
members of said House.'" The proolamaUou 
of the Governor required n verified notice of a 
contest when one was made, to be filed witb 
him within fonr days after the election. Within 
that time be did not obtain information as to 
force or fraud in any eacept the followi&g dis- 
tricts, and in these there were material defects 
in the returns of oleeUon, Without deciding 
upon bis power to set aside elections for force 
, and fraud, they were set aado for the following 



o the words " by 



In the Xlth district, because the return!^ show 
(he election to have been held visa voce insteud 

In the XVIth district, because Iho words " by 



1 


'—■""■"■ 


r 
f 

1 


I 
i 


1 


1 






560 

an 


sn2 


1 






































MM 







rdiuKtothei 
1 felt it to b( 



emor had 

YourCc 

?effa°d^o' 

lieed at the elections in tbeTi 

into the facts and prett 






here felt it to be their duty 
into and colloet evidenco in 
fraud attempted and prac- 



:y, but also 
h this force 

beeneicused and justified! and 

for this pur[»06e. your Committee have tJlowcd 
the decferations of non-resident voters to be 
given as evidence in their own behalf, also iha 
declarations of a]l who came ui> the Miiooiiri 
River as emigrants in March, l: 



t'all 



ether they came ii 



doing to make it a Free S\ 
In. That the Governor of the Territory por 
the day of election to ^ow 



. . ._ Jso the rumors 

circulated among tbe people of MIb- 
souri previous lo the election. The great body 
of tbe testimony taken at the instance of the sit- 
tjne Delegate is of this character. 
When ihe declarations of parties passing ap Uie 

received them upon the distinct statement that 
they would be eiclnded unless tha persona mak- 
ing Ihe deolaralionB were by other proof shown 
loTiave been couneoled with the elections. This 
proirf was not mode, and therefore much of this 
class of testimony is incompetent by the rules of 
law, but is allowed lo remain as tending to show 
the cause of ibe action of tbe citizens of MissourL 

The alleged causes of tbe invaaion of March, 
1855, are included in the following charges : 

r That Ihe Now-Euglaod Aid Society of Bos- 
ton was then importing into tho Territory large 
numbersof men merely for the purpose of control- 
ling tbe elections. That they came without wo- 
men, children, or baggage, went into Ihe Teni- 
toiT, voted, and returned again. 

II. That men were bired in the Eastern or 
Horthem States, or induced to go into the Torri- 

f haTtho* Go Vmnor 

poBcly postgcmed the daj .. _ .. 

Ibis emigration to arrive, and. notified thu luui- 

frsnt Aid Society, and persona in the Eastern 
tales, of the day of election, before ho g-ovo 
notice to Uie people of Missouri and tho Tor- 

That these chaises were industriously circu- 
lated ; that groBsly exaggerated statemonts were 
made in regard to them; that the newspaper 
press and leading men in public meetings In 
western Misaouvi, aided in ono case by a Chap- 
lain of the United Slates Army, gave currency 



In April, 1Sd4, the General Assembly of Maa- 
sachusetta passed an act entitled " An act to in- 
corporate ibe Massachusetts Emigrant Aid So- 
ciety." The object of the Society aa declared in 
the first section uf this act, was "for the purpose 
of assisting emigrenta to settle in Ihe West." 
The moneyed capital of the corporation was not 
to exceed five millions of dollars ; but no more 
than four per cent- could be assessed daring tbe 
year 1854, and no more than ten per cent, in any 
one year thereafter. No organization was per- 
fected, OF proceedings had, nnderlhia law. 

On lhea4th day of July,1854. certain persona 
in Boston, Massachusetts, concluded articles of 
agreement and association for an Emigrant Aid 
Society. The purpose of this association was de- 
clared to be " assisting emigrants to settle in lbs 
WesL" Under these articles of osauciation, each 



wGoogle 



THE STEUGGLE FOR SLAVERY RESTKICTION. 



itookholder was individuelly liable. To avoii 
thie difficulty, on a.ppUcation ■w&e made to tti 
General ApeemblyolMaBeaohueeltB for an actoi 
ineorporslion, which wag Eranted. On the aia 
day of Februarc, ""' -- — ' ■" •- '•- 



ing and providing 



westward, and «id- 



_„ _. place of deatina- 

The capital stock of the corporation was 

not lo eiceed ono nullion of dollars. Under this 
chnrreFacompaav was organized. 

Your Cotnnuttee have eiamined some 
of its officers and a potUon of its circulars 
and roeorda to aacertain -vjhat has been 
done by it. The public attention, at that lini^ 



Company sent its agent into it, and the informi 
tion thue obtained was published. The Con 

Eanj iHsde arrangements with variona lines o 
ansportation to reducti the expenae of emign 



the Company by persons desiring to emm^ite. 
and when they were numerous enough to form a 



ZSi' 



10 emigrant in this w 



into the Territory in tte Fall ot 1854, nndor lie 
articles or association referred to. The compa- 
ny did not pay any portion of the fare, or famish 
any peraonal or real property lo [ho emigrant. 
Tbecomnany during 1B55 sent into Ihe Territory 
from eight to tea saw-milla, purchased one hotel 
in Kansas City, which they aubaequently sold, 
hnilt one hotel at Lawrence, and owned one other 
baildlng in that (itace. In some cases, to induce 
them to make unprovements, town lota were 
^ven to them by town Baaociationa in this Tor 
ntory. They hdd no property of any other kind 
or description. They imposed uo condition npon 
their emiErants and did not In jnire into their po- 
litical, roligioua, or aoeial opiniona. The total 
amount expended by them, including thcaalaiiea 
of their agents and officers, and the eipenses in- 
cident to all oreaoiiationa, was leas than $100,- 
000. 

Their parpoeea, as far as your Committee can 
OEcertatn, were lawful, and contributed fo sup- 
ply tboae wants most experienced in the settle- 
ment of a new conntry. 

The only peraona or company who emigrated 
into the lerritoiy under the aaepicee of the Emi- 
grant Aid Society in 1855, prior to the election 

Sider'uie charge of CharleaKobinson (331). 
In this patty (here were 67 women and chil- 

jng to make then' homea in the Territory, and 
fornoothorpnrpose (a33). They had about their 



J, ,sucli aa clothing, fumitu._, , 

waa put info tranka and boxes ; and fur cunve- 
jiicuoe in aelecting and ciieapneas in transport- 
ing, was marked " Kansas parly baggage, care 
B. Slater, St. Louia." GenevalTy this was con- 
signed aa fi^ight, in the usual way, to the care 
of a conuniasion merchant. This party had, in 
addition to the uaual allowance of one hundred 

eunds to each passenger, a large quantity of 
ggagc on which the respective owners paid 



23i) Benj. 
2)Chaclet 



the usual extra freight l^Si). Each passenger 
or party paid his or their own expenses; and 
!lie only benefit they derived from the Society, 
not shared by all the people of the Territory, 
was the reduction of about $7 in the price of the 
Fare, the convenience of traveling in a company 
instead of alone, and the cbeapneas "" ■■--"-■- 



agenta. SnbsequenUy, . _.._ . ^. 
either disappointed with the country or 
tical condition, or deceived by the eti . 
made by the newepapcrs and by the Bg( 



ity, became diaaatisfied, and retomed, 

both before and after the elecljon, to their old 
homea. Most of them are now settlers in the 
Territory (235). Some few voted at the election 
in Lawrence (235), bnt the number was small. 
The names of these emigrants have been aacer- 

tained, and of mem were found upon 

the poll-books. This company of peaceful emi- 
grants, moving vrith their lionsehold goods, was 
disterted into an invading horde of pauper Abo- 






f^crtum thos 



ttitutions 



of the Territory, ai 
■ ■ bom,| - 

proof that ai 

._. in March 

lated at 500 persons (i!36) , including 
, and children. They came oa steam- 
i Missouri River, in the ordinary 
igratlon. Many returned for causes 
i»B hnfnr^ Rtated ; but the body of 
. The only persons of 
tr^ ■■ *-"■■■ "■- 

in the Xlh Difltri 
"■ :riot. Th ■ 

iharge is entirely grouhaiesa. rne 
requires the Governor to cause an 
of the inhabitants and legal voters 
to bo made, and that be apportion tho membei-s 
of the Council and Houae according to this enu- 
meration. For reasons slated by peraons en- 
gaged in taking the census, it was not completed 
unffl the eariy part of March, 1855 (237). At that 
time the day of bolding the election had not been, 
and could not have been, named by the Governor. 
As soon as practicable after the returns were 
brought in, he issued his proclamation for an 
election, and named the earliest day consistent 
with duo notice, as the day of election. The day 
on which the election waa to he held, waa a mat- 
ter of conjecture all over the country! but it 
was generally known that it would be in the 
latter part of March. The precise day was not 
known by any oue until the proclamation issaed. 
It waa not known to Ihe agenta of the Emigrant 
Aid Society in Boston on the I3lh of March, 1855, 
when Ihe party of emigrants, before referred to, 
left (2381. 

Tour Committee are satisfied iiiat these charges 
were made the mere pretext to induce an armed 
invasion Into the Territory, as a means to control 
the election and establiah Slavery there. 

" purposo is avowed and illuatrated by 



thete 



;tofCol..Iohn8. 
acted aa the al 



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THE KAXSAS-KEERASKA STRUGGLE. 




The invasion of March 30th left both parties in 
s ilatc of excitement, lending directl; to produce 
violence. Tlie succa?Brn1 part; naa lawless and 
rccklesfl, Irtiile asanming (he name of Ihe " IiBir 
and Order" party. The other partjj at first aar- 
priped and confonnded, was greally irritafed, and 
some resolved to prevent the euocesaof the inva- 
Bion. In some Diatriels, as hefore fiteted, ppotosta 
were aont to the Governor: in others, this was 
prevented by threata ; in otbera, hy the want of 
time, only fonr days being allowed by the pro- 
clamation (orthia purpose; and in others, by the 
bel'ef that a now elect' on would br'ng a new in 
Tsaon About the same t me all clafees of men 
con mencod lieanng deadly weapons about the 
peraon a pract co wh h haa cent nucd to this 

aciidental quarrel prodneed unusual v olence 
and iawiesa arts became frequent This ev 1 
cond t onofthepubi cm ndivaa further creased 
by a tB of V olence n W estem M »aonn where 
in Apr 1 a n wapaper press ealled -TAe Farkv lie 
Luminary was dustroyed by a mob. 

Abont the aame time, Malcohn Clark aaaanhed 
Cole McCrea, at a squatter meeting in Leaven- 
worth, Mid was shot by McCrea, in alleged eelf- 

Ou the ITth day of May, William Phillipa, a 
lawyer o( Leavenworth, was firat notified to leave, 
and upon his refnaal, was forcibly aeized, taken 
across the river, and oarried several miles into 
Miaaonri, and then tarred and feathered, mid one 
aid^ of bis head shaved, and other gross indigni- 
fiee put Dpon bis p«son. 

Previous to the outrage a pnblie meeting waa 
held (339), at which reaotntions were unanimonsly 

Eaaaed, looking lo unlawful violence, and groaaly 
itolcrant in their character. The rieht of free 
speech upon ihe subject of Slavery was ohnrac- 



meats. Thcj; say " to the pecniiar 
northern fanatics," " Qi> homo and dO 

ou may find sympathy. 

is tiie following: 






AComi 



of Vigiiance of 30 men was ap- 
pointed, " to observe and report all sueb poraona 
as ahsll, " " • ' by the expression of Abolition 
sentiments, produce disturbance lo the quiet of 
the citijeiia, or danger to their domestic rela- 
tions \ and all such persons so offending, shall be 
notified, and made to leave the Territory." 

The meeting was " abiy and eloquently ad- 
dressed by Judge Lecompte, Col. J. N. Bnma 
of Western Missouri, and olhers." Thus the bead 
of the Judiciary is the Territory, not only aeaist- 
ed at a public and bitterly partisan meeting 
whose direct tendency waa to produce violence 
and disorder, but before any Inw is passed in the 
Territory, he prejudgea the character of the do- 
mestic inslitnttons, which the people of the Ter- 
ritory were, by their organic law, "left perfectly 
free to form and tegulate in th«r owd way.'' 

On this Committee were several of those w1u> 
held certiBcates of election as members of the 
Legislature: some of Ihe others were then and 
BtiU are residents of Missouri r and many of the 
Committee have since been appointed to the 
leadine offices in tlie Territory, one of which ia 
tbe Sherifililty of the County. ITieir first act 
was that of mobbing Phillips. 

SabsequenUy, on tiie SStli of May, *. B. 1855, 
a pnblic meeting was held, at which E. E. Keea, 
a member elect of the Council, presided (aioj. 
The following resolutions, offered hy Judga 
Payne, a tneoiber elect of the House, were sua- 
nimously adopted : 



wolrrd, Xlist In oi 
totheonlnmnnHr, 
po-SUvny party wi 



ral perjury here referred to, is 



the Governor as membera of the Generiil As- 
sembly of the Territory, met at Pawnee, tha 
Slace appointed by the Qovemor, on the 2d of 
oly, A. D. 1855. Their proee^inga are etnted 
in three printed books, herewith submitted, en- 
titled refpeotively, "The Stotntes of the Terri- 
tory of Kansas ;'' " The Journal of the Council 



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-i38 



THE STRUGGLE FOR SLAVERY EIUTRICTION. 



posed upon a pcoplo, cnnnot nffect Iheir poUtical 
riehte. Such an attempt to do so, if euijuessfol. 
is virlnaHy BD overlhrow of the oiianic law, and 
reduces tfie people of the Territory to the condi- 
tion of vaEsals tea ncigbborinE Stato. To avoid 
the evila of anarchy, no armed or oi^oniied re- 
siEtauce to them ehould bo made, but the citl- 
> should appeal to llie ballot-boi at publi 



oleclioBB, to the Federalji 

grees, for relief. Ijuch, from Ihe proof, 

Have been the course of the people, but 



i Con- 
rould 

)f these enactments and 'the tnanuer in 
which" they are enforced. Thedr character and 
their eiacution have been eo iiitimatelj con- 
nected with one branch of this investigation — 
that relating to "violent and tumnltuoua pro- 
cecdiuM in the Territory" — that we were com- 
pelled lo examine them. 

Tlio "Ia\vs" in the statute-books are general 
and special ; the latter are strictly of a local 
character, relating to bridges, roads, and thoUke- 
The great body of the general laws are exact 
tranKvripte from the Missouri Code. To make 
tbem in some cases conform to the organic act, 
separate acts were passed, dofiuing the meaning 
of words. Thus the word " State" is to be nnder- 
Wood aa meaning "Territory" (341) ; the word 
" County Court" shall be construed to mean the 
Board of Commiesionera transacting county 
business, ot the Probate Conrt, according to the 
infeut thereof. The words " Circuit Court" to 
mean " District Court" (34^). 

The material differeocos in the Missouri and 
Kausaa statutes are upon the following subjects : 
The qualifications of voters and of members of 
(he legislottvB assembly ; the official oath of all 
oQicerH, attorneys, and voters; the mode of select- 
]az omcers and th^ qaalificationi; the slave 
CMO, and the qualificaEions of jufotb. 

Upon these subjects the provisions of the Mie- 



nCodeai 



such as 



a many of the 



WHS to be appointed hy the legislature, or by 
some officer appointed by it. These appoint- 
ments were not merely to moot a temporary eii- 
^ncy, but were to hold over two reeular eloc- 
tiona, and until aHer Iho general election in 
October, 1857 (243), at which the members of the 
new Council were to be elecCed (S44I . The new 
Legislature is required la meet on the first Mon- 
day in January, 1B58 (245). Thus, by the torais 
of these ■' laws," the people have no control 
wbotever over either Ihe Legislature, the eiecu. 
tive, or the judicial departments of the territori- 
al government until a lime before which, hy the 

government will be superseded by a State gov- 

No seBsion of the Le^slature is to bo held 
during 1856, but the members of the House ore 
to be elected in October of that year (246). A 
candidate, to be eligible at this elootioa, must 
Bvear to support the fagitivo-alavo law {247), and 
each judge ol election, and each voter, iC chal- 
leagui, must take the same oath (24S). The 
same oath is reauired of every officer elected or 
epp<>inted in theTerritory, and of every attorney 
sdmiltcd to practice in the courts |24U|. 

A portion of the militia is requirod lo muster 
on tha day of election OM}. " Every free white 
male citizen of the Uuited States, and every 
free male Indian, who is made a citizen by treaty 
or otherwise, and over Ihe aga of twenty. — 
years, and who shall be an inhabilaat ot ... 
Territory and of (he county and district in which 
bo offers to vote, and shall have paid a terrilori- 

<M1) Statnlei. page 118. (W21 BI»tiitB». page 566. 
(243) ritttolvs, paiio.1 lan, 221. !lz. IMi 330 (245) 
4T6. iWtl) statutes, luiBC 330. (247) p, S3S. (249) p. 



al tai, shall be a qualified elector for all alect- 
ivB ofc^tcs (S5I)." Two classes of persona were 

lowed to vote, via.i those who would not swear 
to the oath required, and those ot foreign birth 
who had declared on oath tbeir intention to be- 
come citiaens g52j. Any man of proper ago 
who was in Ihe Territory on the day of election, 
and who had paid one dollar as a tax to the Shcr- 
ifr. who was required to be at the polls to receive 
it (3531, could voleas an " inhabitant." although 
he had breakfasted in Missouri, andiotetided to 
return there for supper. There can bo no donbt 
that this unusual and anconstitntional provision 
was inserted to prevent a full and fair eipressitn 
of the popular will in the election of members of 
the House, or to control it by non-residents. 

All Jurors are required to be- selected by the 
Sheriff, and "no pereon who is cjuscientiously 
eppoaed to the holding of slaves, or who does 
not admit the right to hold slaves in the Territoiy, 
shall bo a juror in any cause" affecting the rigUl 
to hold slaves, or relating to slave property. 

The Slave Code, and evesT provifflon rehiling 
to slaves, are of a cboraefer intolerant and ann- 
Bual even forlbat elees of legislation. The char- 
acter and conduct of the men appointed to hold 
office in the Territory contributed very much to 
produce the evenia which followed. Thus Samuel 
I. Jones was appointed Sheriff of the County of 
Douglas, which included within it the l^t and 
Ud Blection-Districts. He bad made himself 

Secaliarly obnoxious to the settlors byhiscon- 
uct on the 30th of March in iho lid District, 
and by bis burning the cabins of Juseph Oakley 
ondSaniuel Smith J2M). 

An election for delegates to Congress, to be 
held on the let day of October, 1855, was pro- 
vided for with the sama rules and regulations as 
were applied lo other elections. The Freo-Stato 
men look no part in this election, having made 
arrangements for holding an election on the DIh 
of the same month. ITie citizens of Missouri 
attended at the election of the 1st of October, 
some paying the dollar tax, others not being re- 
quired to pay it They were present and voted 
at the voting-places of Atchison (^55) and Doni- 
phan (256), in Atchison County; at Green 
Springs, Johnson County (257); at Willow 
Springs (aSM) ; I-ranklin (259), aad Leoomplon 
!a60),in DouglaaCountyj at Fort Scott, liour- 
bon Coimty Kiil, ; at Baptisle Paola, Lyhins Co., 
where some Indians voted, some whiles paying 
tiio |1 tax for them (262); at LeaveBworth 
City (263). and at Kickapoo City, Leavenworth 
County ; at the latter place under tlie load of 
Gen. B. F. Stringfcllaw and Col. Lsiris Barnes 
ofMiasouri (264). From two of the election pre- 
cincts at which it was alleged there was illegal 
voting — viz.: Delaware and Wyandotte, your 
Committee failed to obtain the attendance of 
witnesses. Your Committee did not deem it ne- 
cessary, in regard tu this election, lo enter into 
detula, as it was manifest that, from there being 
but one candidate — Gen. Whitfield — he roust 
have received a mwority of the votes cast. 
Ibis election, theretore, depends not on the 
number or character of the votes received, but 



Enure. (2t4)J. Vt. Ste- 



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THE KANSAS-NEBRASKA STRUGGLE. 



Hioreault of thete 



ABSTEACT OF POLL-BOOKS OP OCTOBER I 1855. 



Cocnmte- 


„...„. . 


: ^ 


1' 
i 


t 


a 


2. 

1 
i 






131 

42 
SI 
H 

103 
42 

171 
28 


E 


242 

29 
12 

1B» 
220 


IS 
J5 

23 


iw 


BourtoB 

83K;-:~;:-:::;:: 








d"^ BtW 


BUT Oak 

Srk^" ;■■ 


Dougiai 




I*»tM»- 
































MsdiMD _ — .. 














Wiae _ 


OgeHuDdndudTen.... 


C0BndTa«va 



While these enaetmenta of lie alleesd l^isla- 

tive asBemlriy were boirg made, a movement 

instituted to ionti a Soto ({oveniment, asd 

ly for udmiBeion into the Uaion ui a State. 

et step fallen by the people of the Territo- 

(nBeqaeDce of the iuvBeion of March 30, 

las Sas circHlatioa foF «gitatnre of 



mr. 

OTophi 



and trnthfut n 
' 6 find i 



Cam. 



Congress. 
iBtained by the toslii 






mony. No further step wna taken, as it was 
hoped that some action by the Eeneral govern- 
ment would protect them in theff rights. When 



the alleged J^islativi 



rights. 

^mbly proceeded fo 

^t the ^ies of enactments referred tu, the 
BSttlers were of opinion that submisaion to thom 
would result m depriving them of the rights se- 
cured to them by tte oi^anie law. Their politi- 
cal condition was freely disenssed in the Territo- 
ly daring the aumrfiec of 1855. Several meetings 
were hdd in reference to holding aooDVention 



m gradually settled in favor of such an Bp- 



Jlioation to the Congress to 
S53. Ibe firet Eeneral meeting 
Lawrence on the 15lh of August, l* 



The following preamble i 
Wli^eaa, The jwopl* of Ki 



call unoD and requeil all Imnafid'- cltl:<^i>a "t Kui- 
-- -"f rritort, ol wlialever polilieal view" or prefldoE- 
to congull togallier in thedr rsaptctive Eleclion. 



of Tape^ (in the IStti dxy of Se 
and there Ig coniider and dster 






Oflier meofnngs were held in various parts of 
the Territory, which indorsed the action of the 
Lawrence meeting, and delegates were selected 
in oomplianoe with its Fecommendatioaa. 

They met at Topdia, on the 19th day of Sep- 
tember, 1855. By their reselatians Ihey pro- 
vided for the appintment of an Eiecutive Com- 
mittee to eonaiat of seven persons, who were re- 
ijuired to " keep a record of iheir proceedings, 
and shall have a general superintendence of the 
affairs of the Territory so for as cogsrds the or- 
Rauizalion of the State Governnnait"_ Tbey 
were required to tnke steps for an election to be 
bold on the second Tuesday of the October Sal- 



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140 



THE STRUGGLE FOE SLAVERY RESTEICTION. 



loiring, under regulation* impoBed by that Com- 
mittee, "for memliers of b Coiiv«ilioii to form a 
Constitution, adopt a Bill of Bights for the peo- 

organizing a State Government, preparatcay to 
the adrnJEBion of Kansas into ths Union as a 
State." The rules preGoiil>ed were eueh as 
aally govern elections in most of tho States of 



the Union 



f Gov. 



Convention, acc^ed their- appomtmoat, and en- 
lU the dischai^ of Ih^i duties by issu- 
.. ._. ,3 J ^o the l^al voters 



id upon 
ing a, provli 

of Kansas, , ^ 

ral preeincts, at the time aod places aamed ._ 
tho proclamation, then and there to cast their 
ballots for members of a Constitutional Conven- 
nt Topeka od the 4th Tuesday of 

. _ „— -Sd tho plaeea of 

, appointed judges, recited the qnaliSca- 
LuiuH ui voters and the apportionment of mem- 
bers of the CoQveutloii- 

After this proclamation vras issued, puhlio 
meetings were held in every disiriet in the Ter- 

ABSTEACT OF THE ELECTION ON THE ADOPTION OP THE 
STATE CONSTITUTION, DEC. 15, 1855. 



-ly every precinct. TTie Stalft 
uHivouioui. nno a general topic of discussion 
Ihrougbout the Territory, and there was but lit- 
tle opposition exhibited to it. Elections were 
held at tho time and [daces designated, and tha 



thoEie 
1855, at 



meet on the Q3d day of Ootober, 
la pnrsuanco of this proclH- 
!(ion, tlie Constitutional Conven- 
tion met at the time and place appointed, and 
formed a State Constitution. A memoritd to Con- 
gresa was also prepatefl, praying for the admis- 
sion of Kansas into the Union under that Coiistj- 
tution. The Convention also provided that thf; 
question of tbc adoption of the Constitution and 
other questions be submitted io the people, and 
required the Bieentive Coouniltee to take tho 
necessary steps for th ' 
Accordingl' '' 



:Drdingly, an election was held for that pur 
<n the 15tb day of December, 1855^ in com- 



f thiselectioa 



g 

k 
f 


PMCHOtS. 


CoorthnUm. 


,„™,_^- 




1 
1 


Toa. 


No. 


Ym. 


Bo. 


Tw. 


Mo. 


L^ifrencB. 


7i 

13T 
135 

1* 

« 

34 


1 


MS 

1 

3* 

s 
n 


15 


1 

19 


222 
20 

~2 


337 
130 

ea 

20 

S2 
23 

SO 






BloomiDgMa _ 












LttcleOsnge — 

SSE::::-;::;::::;:;: 




oSi"'*"ir"i — ""■ 


J'"!"- — 


Ohio City— 




























at Jowph's BoKom. 






Tot.1 


trsi 


ie 


1120 


664 


im 


463 


1778 



TheEiecwtive Committe then iseaed a procia- ] ded for an election to be held on the 15th day ol 
KiatiotirecifJngtheresultsoftheeleclionofthe January, 1858, for State officers and members 
lath of December, and at the same time provi- 1 of the GcEeral Assembly of the Slate of Kaoaaa. 



wGoogle 



THE KANSAS-NEBRASKA. STRUGGLE. 



ABSTRACT OP THE ELECTION OP JANUARY 1 


. 1 


(56. 




PUKCIKOTS. 


I 
\ 


1 


S 

r 

,4 

1 


3 
245 


S.c.Sl,t< 


Aodiwr. 


Tn'MU'er 


S 
E3 

1 
1 


1 
1 

1 


f 

i 


P 

a. 
1 
i 


1 


;9 


=9 


1 

i 

38 
38 




82 
10 

I 


3S 
14 


Sa- 
28 


383 


l;8 

SJ 
68 


SG 
24 
(9 
21 

28 
23 

380 




C6 
31 

29 
38S 


52 
4S 

'1 

(2a 


24 






SS; 


BnFiOKk - 

?i.SSSr."-;::::::. 


Ba.t Dnaglu.. - 




PrtJriflOi^ 

Pltuaut Hill 




HtHo Sng«tCMelt 














set 






Wysbdot 


— 


Sup.™.J.ds«, 


sw 


^1 

is 

30 
32 

24 
77 





1 


i 


P 

f 

1 


^ 

1 


1 


t 




1 

S 


1 
f 

32 

■a 

33 
3T3 


f 
2* 




10 

25 

34 
B5 


73 
38 


ss 

8 


1 
S7 


45 


1 




as 

33 


























BlMlon _ 










l" 8^ 






}?9 


» 














SioDgb Onek 

WjBPdot 


M 


^ 



wGoogle 



THE STRUGGLE FOR SLAVERY fiE8TEICTI0». 



In aecordenoB with the ConsUtntion thus 
Bdopled, the memhera of the State Legislature 
and moat of the Slate offlcera met on the Sa,j 
and at the place designated hy (he State Cou- 
itituUoD, and took (he oath therein prescribed. 

After electing United Stales Senators, pesBing 
some oreliminarj laws, and appointing a Codi- 
fying Committee and preparinE a Memorial to 
Congress, the Oeneral Aesemblj adioumeil to 
meet on the 4th day of July, 1856. 

The laws paflaed were all conditional upon the 
admisBioQ of Kaosaa at a, State into tHe Union, 
These proceedings were regular, and. in IheopiQ. 
--- -' --- r Committee, flie eonstitution thus 



dncted in pursuance of law ot 
illegsa. 

Whether the result of tiiera i 
the action of CongrcBS, or they 

: r- popular will, and Con- 

the prayer of 



anclioncd by 



greaa should refuse to grant the praye . .__ 
meioorial, that cannot affect their l^ality. The 



parly, whether political or otherwise, they were 
proper, in accordance with exsmplBs, both in 
ijlatcs and Territories. 

The electionn, howerer, were preceded and 
followadbyaclaofvioleneoon thepart of fhoee 
■who opposed them, nnd those persona who ap- 
proved and euataiced tbe inTaaioa from Hiaeonri 
were peculiariy hostile to theee peactd'ut move- 
ments preliminary to the oi^auiaation of ft State 
government. Jnalaneee of thia violencfl will be 
referred to hereafter. 

provide for the. election of delegatefl to 



ongresa, 



le do it 



n the judgment of the House 
upon tUe validity at the ul- 
lasembly silting at Shawnee 
lion waa held at Big Sprinoa 
Ih daya of SeplemW, 1855. 
onvention, and a party calling 
le party was then organiaed. 
II waa la no wayconnected mth the State move- 
ment, except that the election of a delicate to 
Congreas was fiied by it on tbe eame day as the 
election of members " - - - 



of Reprosei 



Thia was aj 
itself tbe F 



legod legislati 

Congreaa, and an election wa» p 
der the regnlations prescribed (o 



of officers, and the pereofl 
of the elections rfiould b 
Baa held in accordance i 
in abstrael of the return! 
in the following table ; 



made. The election 



TecuDsth 

Big Sptiiigs_ 

WlLlow Sprin^Z," 



Ih.""^U7™--:~""":::~: 



The resolutions passed by this 

dicale the etato of feeling which existed in tD 
Territoiy in consequence of the iiivaeion froi 
Misflonn, and the oDactments ot the alleged li 

S' Jative aasembly. The language of soma o 
B resolutioDB ia violent, and can only be joati- 
fied cither in consequence of the attempt to en- 



oftyra' 



le of guarding 

□ the fall of 185S, there 






unlaH 



a proteetton 



10 of 



was purely of a local character, and 
nns vuuuuoil to the town of Lawrence. Very 
shortly after its organization it prodnced its de- 
ured effect, and then went out of use and ceased 
to exist (966). Both aocietiea were cumbersome, 
and of no n^ty except to give confidence to the 
Free-State men, and cnabut them to know and 
aid each otiier in contemplated danger. So far 
as the evidence shows, Ihey led to no act of vio- 
lence in reeiatsDCe to either real or alleged laws 
(367). 

Ob the aist day of November, 1855, P. M. 
Uoicman, a Pro-Slavery man, and Chm-les W. 
Dow, a Free-State man, had a dispute about the 
1 idiviaion line between their rtapeetivo eiMms. 
Several hours afterward, as Dow was passing 
from a blacksmith's shop toward his claun. and 
by the cabin of Coleman, the latter shot Dow 
with a double-barreled gun loaded with slugs. 
Dow waa unarmed. He fell across the read aud 
died uniiiediately. This was about 1 o'clock 
p. M. His dead body was allowed to lie whore 
it fell until after snndnwn, when it waa conveyed 
by Jacob Branson to his house, nt n hich Dow 



r.' (161) Lc-'- 



TJ, Kt«S 



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early tlt( 
i,andl'-- 



Iroarded. The tcsliinony inreEard 
cide JB voluminouB (368), and show* 
rt was a deiiherafB murder by Coleman, and Ihat 
Harrieon Bulkely and a Mr, HHrgous were 
ceseories to it. The excitement car--' >— " ■ 
very great among all claeses of Om 
the afith, a lar^e meotina of cilizei 
tba place were Ihe murder was committed, and 
resolutions passed (hat Coleman Bboald bo 
bronghttojualiee. In the mcBQ time Coleman 
had gone to Miesouri, and then to Gov. Shannon 
at Shawnee MisBion. in Johnson Conntr. He 
was there taken into onsfody by 8. L Jones, then 
aetmg as Sheriff. No wan-ant was issued - 
eiammation had. On the day of Ihemeetim 
Hickory Point, Harrison Bradley procured a pe 
warrant egainst Jacob BrajiBon, which was placed 
in the hands of Jonea. That same evening, 
after Branson had gone to bod, Jones came to 
lua cabin with a party of about 25 persons, 
amonir whom were Hargous and Buckley— burst 
lodoor, andsnwBraneOEinbed. Ho then 

nd said, " You are rovprison- 
'B I will blow yqti tbrough." 

^d their guns and ga(hi;red 

, and took him prisoner. They all 
mounted and went to Buckley's house. After a 
fame they went on a circnilons route towards 
aianton's Bridge, stopping to " drink" on the 
way. As they approached the bridge, there 

Jones rodo up to the jrieoner and, among other 
things, told him that Be had " heard there were 
lOU men at your house to day," and "that he re- 
gretted Ibay were not (here, and thnt they were 
cheated outof theit sport" (269). In the mean 

hoocf of BraDeon'8''arre'iifa^d^CTaUnK set- 
tlers, among wbom were some who had attended 
the meclina at Hickory Point that day, gathered 
together. They were greatly eioifed ; the al- 
leged minsbce of such an arrest of a qniel set- 
tlor, under a peace warrant by " Sheriff Jones." 
aided by two men believed to be accessory to a 
marder, and who were allowed to be at largo, 
ciBspcrated them, and they proceeded as rapidly 
as possible by a nearer rente than thnt taken by 
Jones, and stopped near the house of J. S. Ab- 
bott, one of them. They were on foot as Jones's 
party approached on a canter. The reeoUBra 
suddenly formed across the road in front of Jonea 
and his party. Jones halted, and asked, " What's 
up 1 The reply was, " That's what we want to 
know. What'snp?" Branson sdd, " They have 
got me a prisoner." Some one in the rescuing 
party told him to come over to their side. He 
Old BO, and dismounted, and the mule he rodo 
?'2"^T™..^''™ *" 'Jones's party i Jones then 
left{a7ll). OflhapersonsengagediDthisrescue 
three were from Lawrence, and had attended 
the uioelmg. Your Committee have deemed it 
proper to detad the particulars of this rescue, as 
it was made the groundwork of what is known 
as theWakorusaWar. On the same nirhl of 
the rescue the cabins of Coleman and Buckley 
med, hut by whom, is left in doubt by 



THE KANSAS-NEBKASKA STRUGGLE. 143 

revenge before I see Miasonri." A person pre- 
sent, who was examined as a witness (2711, com- 
plained publicly that the dispalch was not sent 
lo the goveinori and within halt nn Lour one 



ed on the Wakemsa. They b.„„^u., „,,,„ „,„„, 
all the equipments of war. To obtain ibem, a 

Sarty of men under the du-ectioii of Judge T. V 
hompson broke into the United States arsenal 
and armory at Liberty, Missouri, and after u 
forcible detention of Captain Leonard Ithon in 
charge} (272), ihey took the cannon, mnskets 
rifles, powder, harness, and indeed all the mate, 
rials and munitions of war they desired, some of 
which have never been returned or accounfed 

The chief hostility of this military foray was 
against the town of Lawrence, and (his was 
eapccialiy the case with the officers of the law. 

Your Commitlee can see in the iestimony no 
reason, eicnse. or paJUation for ibis feeling. Up 
to lh.il iime no varraat or proclamaiiea of any 
Kind had been irtthe hands of any officer aeainst 
«Bj citizen, ofLov:reiicB (SfS). Wa arrest had 
been attempted, and no writ reasted in that 
town. The rescue of Branson sprang ont o( a 
marder committed thirteen mites from Lawrence, 
in a detached Ealtlement, and neither tlie town 
nor Its citizens eilended any protection to Bran- 
son's rescuers (STJ). On the conlrarv, two or 
three days after the rescue. S. N. Wood, who 

"'" ' -vblidy to be one of the reseuing party, 

)u arrested for tho purpose of lesling 

ri.i i„„ ...._. 11.. J „p (^ Sheriff 

""■'■'"""'" "iiKed 



thetOE 
On 



Jones was i 
rence. The : 
of Jones, an 



.the' 



of the raaoue of 
illago of Franklin, n 
™ spoken of in the 






ines and shook hands with hi 
her courtesies. He could hi 
".Ihout any difficulty, and i 
when he went lo Mr. Jones, li 
no attempt was made to do so 
It is obvious that the only co 
' is the known desire of the 
>nce to make Kansas a Pre 
pugnance to laws imposed u 



.t was his desis 
> be arrested, 



esied 



natelyfor the neaceof the countty, a direct oon- 
nict between the iqiposing forces was avoided 
by an amicable arrangement. The losses sus- 
lumedbyllie eeltlersin properly taken and time 
and money einended in their own defense, add- 
ed much to the trials incident lo a new settle- 
ment Many perBOns were unlawfully taken 
and detained— m some coses, under circum- 
stances of gross crnelty. This was especially so 
in the arrest and treatment of Dr. G. A. Cutter 
and G. 1'. Warren. They were taken, without 
cause or warrant. 60 miles from Lawrence, and 
when l)r. Cutter was quite sick. They were 
comijelled to goto (he camp at Lawrence, were 
put into the custody of '■Sheriff Jones," who 
had no process to arrest them— they were taken 
into a small room kept as a liquor shop, which 
was open and very cold. Ttat night Jones 
came m with others, nod went to "playine 
poker at twenty-five cents ante." The prison- 
ers were obliffed to sit np all night, as there 
was no room lo lie down, when &e men vera 
plnvmjf. Jones jnsulied Ihem frei 



I Ihem frequently, 

one ofthem be must either "tell or swing." 
The guard then objected lo this treatment of 
pnaoners, and Jones desisted. Q. P. Warren 
thus describes their snbseqoont conduct ; 
Tliey then carried lis down to tlieir oamni 
taking KeUy of The Syuollcr S^cycign, who lives Tn 
n >.„..„i ..„!.:„ :. _... .1 i,e thiiBtcd for 



. an) I.' 



illUm Bhannon. Cbns. n.ibi 

d Cliatles RobinioD. &!i) C] 



. (273) 



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lU 



TUB STRUGGLE FOB SLAVEET RESTRICTION. 



blood, and euid be should like to hang ae on the 
ficat tree. Cutt«r wns very weak, and that ex- 
cited him BO thai he beeame deUrioua. Thoy 
aent for three doolore. who came. Dr. String- 
Ifeljow was one of Ihcni. ITiov remained there 
Willi Cutter until aftor midnight, and then took 
bim up to the offieo, as it wna very cold in eamp. 

During the foray, either George W. Clark, or 
iir. Duma, murdered Thomas Baiber, while the 
latter wo« on the Lighway on hie road from Law- 
rence to biB clum. Both fired at him, and it is 
iiiiposaible from the proof to tell whose shot was 
fatal. The details of this homicide am elated 
by eyo-witnesees (a76j, 

Jimo%tg the rnnny nets of lawleBs violence 
whiub it has been the duty of your Committee 
la inreetigale, this invasiou of Lawrence ia the 
most defenseicM. A comparlaou of the facta 
proven, with ibe official atatements of the offi- 
cers of the Goverimiont, will show how ground- 
community in which no crime bad been commit- 
ted by any of itamembera, against none of whom 
had a warrant beenisaued or a complaint made, 
who had reeieted no procesa In the hands of a 
Teal or pretended ofHc^er, was threatoDed with 
deBtrucliOD in the name of "law and order," and 
that, too, by men who marched from a neigh- 
boring State with arms obtained by force, and 
who, m every Mage of theur progreaa, violated 
many lawe, and among othera the Constitation 
of the United States (2771. 

The chief guilt of it ■ - 

Joues. His (dianieler i 



*'"Tbe aaid Mai. 



a illuBtraled by his lan- 



redit of killing that d— d Abolition 



e didn't kn 



i"Sf, 



Shani 

would never have beei 
bave wiped lAwrence • 
means euough to do it" ( 
Shortly after the rcti 
before Lawrence, Ihc eli 
pf ihe S - ■ ■ 



l-<l old fool.'hat 



held a 



worth City, on the 151h __ , 

While it waa proceeding □uietly, aboat noon. 
Charles Dunn, with a purly of others, smashed 
in the window of the budding in which the olec- 
ttou was being held, and then jumped into the 

and drove them off ^). One of the clerks of' 
election anatchcd up the ballot-boi and followed 
the Judges, throwing the box behind the counter 
of an ai^oiniug room through which be passed on 
bis iray out. As he got to the atreot door, Dunn 
caught him by the throat, and pushed him up 
against the outside of the building, and demand- 
od the ballot-box (S8CI). 
Then Donn and anolhei 



Ihe fi 



1 he fell 



o the mud, the ci 
3d bim on the head 






flie ballot-box and , „_ 

To avoid a similar outrage at the election lor 
State officers, eto,, to be held on the 151b of Janu- 
ary, tS5H, the electiun for Leavenworth Dietrict 
was appointed to be held at Saslon, and the 
time postponed until the 17th day of Jnnuary, 
185(> (ii82). On the wny to the elecUon, persons 
weft stopped by a party of men at a grocray, 
nnii their gun! taken from them (383). "■— ^-— 
the altemoon, parties came up to the 



(2I6)BDb>rt 1. dilber, Tboml 
W. Colbotn >Bil t--^ - ■"- 
AmeDdmeDtJ (278 
ITelheroll. George 
•11. (281) Geoiaa 

(2SS) Slefheo Spar! 



le ?a'^S? 



Nichi 



election and threatened to destroy the ballot-boi 
and were guilty of other insolent and abusive 
conduct (^3). Ailer the polls were closed, 
many of the settlers being apprehensive of an 
attack, were armed in thehouse where the elec- 
tion bad been held until the next morning. Late 
that night Stephen, Spark, with his son and 
nephew, started for home, his route running by 
the store of a Mr. Dawson, where a large party 
ofarroedmcnhad collected. Ashe approached, 
these men demanded that ho should surrender, 
and gathered about him to enforce the demanil 

company of Mr. Sparlu to the house where the 
election bad been held. R. P. Brown and a com- 
pany of men immediately went down to relieve 
Mr. Sparks, and did relieve hloi when he was in 
unniinent danger (3SS). Mr. Sparks then started 
i-''- --iiJi Mr. Brown and his party, and white 
; wav were Gmt nr>nn hv f^- -"- *-- 

They n 

then ensued, in which 
Cook, of the Pro-Stave 
tnl wound, and two of t 
elichtly wounded. 

Mr- Brown, with seven others who had accom- 
panied bim from Leavenworth, started on thdr 
return home. When they had proceeded a part 
of the nay, they were stopped and taken prison- 
ers by a party of men called the Kickapoo Ran- 
gers, Huder ihe command of Capl- John W. 
Martin. They were diaairoed and taken back to 
Eeston, and put in Dawaon'a store (286). Brown 
was separated from the rest of his party, and 
taken into Uia office of E, S. Trotter (287]. By 
this time several of Martin's party and some of 
the citiiona of the place had become intoxicated, 
and exoresaod a determlnUion to kill Brown 
(J88). 'Capt. Martm waa desirous, and did all 
m hia jower to save bim. Several hours wero 
spent m discovering what should be done with 

the knowledge of his pariy, CapL Martin liberat- 
ed all of Brown'fl party but bimaelf, and aided 

them in theiresonr- "'='" '^ ■■ ■■ 

ly tried to get 



a man by ti 

r party, received a m 

s ffree-State party w 



their escape (2at), The crowd repeated- 



Martin and others. Martin, finding that further 
effort on his part to save Brown waa useless, left 
and went home. The ci'owd then got posscaaion 
ofBrowa, and finally butchercdhimm cold blood. 
The wound of which he died was inflictod with a 
hatchet by a man of the name ofGibson. After 

Charl 
No attempt was made ti 
murderers of Brown. Many of them were woU- 
kuown citizQua, and aome of them were officers 
of Uie law. On the next Grand Jury which sat 
in Leavenworth Cannt<;, the Sheriff summoned 



Dined a 



before 



givea why no indictments were fo 
kiUed one of the Pro-Slavery mei 
Slavery men killed one of the 
thought it was a m Tl 

Jury, however, d II d 

those who acted US J dges tb 1 
tion, ^vety sa k w ur 

vors were made fin b ai 

and Clerks on th J 

all the bogus elo b h 



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TEB KANSAS-N££BASKA STItDGGLE. 



lU 



■R. WewwevorjMutia 

■e Uiaudit lliein acting illeeoll;. 
Your Conimiltee, ia their exnmi 



Lioned in (lio report oi 



iind aKftinst 'I'S E"i"3' l"">'i 

eioept in the homicide of Clark by UcCreo, Uc- 
t!re» being a, Free-Sir' 



Your Comi 






it deem it witliin theii 



:h bave lriuiepir«d ai 



nony 






le date of their ap- 



, „ .__ . s tended 

BerioUBly to embarrsse, hinder and delay their 
inveetiKiitioaa, Ihey deem it proper here to refer 
to them. Ob (heir arrival in the Tatritory,^he 
people wero arrayed in two hostile pBiti " "'" " 
hostility of them was continually ' 



ing 



.„ —J -- lereftsed dur- 

n the Tcrritery, by the Mrival of 
' iti who, from llleir equipmente, 



s of life, 



came not lo follow the peaceful parai 

but armed and orgnniied into oompa , _^, 

lenily for war^hy the unlawful detention of per- 
sona and property while paeeing Ihrougl 

Stfttc of Missouri, and by frequent to 

seizures of persons and OToperlj in the Territory 
without legal warranL Your Committee regret 
that Ihey were oompulled to witness instances of 
each of these clawos of outrages. While holding 
Iheir seseion at Weetport, Mo,, at the request of 
the sitting Delegate, they saw sereral bodies of 
ormed raon, confessedly citizens of Missouri, 
uiarci into the Territory on forays sgamat its 
citiEens, but under tie pretense of enforcing Ihe 
enaciments before referred to. The wagons of 
topped la the highways, and 



isbed for wiy el these crimes. While sneh 
offenses were conunitted witb imponity Ihe lawa 
ere used as a means of indicting men for hold- 
ig electionf, preliminary to franiiog a constitu- 
aa and applying for aaitiistiou into Ihe tJnion 
< the Slate of Knnsaa. Chnrgea of bigli treason 

grounds which soem lo your Commitlee absurd 
and ridiculous, and under these charges they are 
now held in custody and are refused the privi- 

legeof biul. I ' ■~' 

■' ! State ot 

iadictnients could be found in the Terti' 

These proceedings weie followed by Rn offsnw 
of still greuter magnitude. Under color of 
legal process, a company of about 700 aimed 
men, the great body of'^whom your Comihit- 
tco ai-o satisfied were not citizens ol tbe Territory, 
marched into the town of towrence uadtr Mar- 
shal Donaldson and 8. J. Jones, ofTiccrs clium- 
■ r the la 



then burned to the ground i 



searched without elsi 



ic legal powers, ai 



_-cBtedat 

armed force, without a 
ccpt that derived froi 
mittea of VuEilance, m 

lative and Eieoulivo 

leased on ptomislne to leave the Territory, and 



■eLegis 



idforsl 






ally DOtifled , 

tics. Theonlyoffensechargcdagaiast th( 
their pohtical opinions, and no one was t 
Tested for alleged otiine of any grade. There was 
no iflsislauce to these lawless acts bythesuniera, 
becauBQ, ia Iheir opinion, the persons eugiwsd m 
them would bo sustained and reinforced by the 
oiiiiena of the populous border counties of Mis- 
souri, from wiience they were only separated by 
the river. Id one ease witnessed by Joi- 
miCtee, an ^tpUcation for the writ of babi 
pus was provenled by ihe urgent solieiti 
Pro Slavery men, who inristed that it wi 
danger the life of the piisoner to be disehatged 
under legal protMsi 



of outrage ; 



tbe Territory, repei 



ackedi! 



„,= highway, robbed, and subsequently i: 

Kisoned. Men Were seised and searched, and 
eir weMmus of defense taken from them with- 
out compensa^on. Horses were frequently t^cn 
and appropriated. Osen were taken from the 
yoke while plowing, and butchered m Ihe pres- 
ence of their owners. One young man was seised 
in the streets of lbs town of Atchison, and 
under circumstances of gross barbarity was 
tarred and cottoned, and in that condition was 
sent to his family. All Ihe provisions of the 
Conatitntion of the Tiiited Stales, securing per- 
sons and property, are utterly disregarded. 
The officers of the law, instead of protocting 
the people, wero ia some instancos engaged in 
these outrages, and in no instai 
that any man 
10 



luable hot! J and 

ircse^ and muteriai ; and iten, Iwing released 
jy the officers, whose poes« they claim to be, 
pi-oceeded to sack, pillage, and rob housos, stores, 
trunks, etc., even to the clothing of women and 
children. Some of the letters (bus unlowfuily 
taken were private ones, written by the contest- 
ing Delegate, and they were offercQ in evidence, 
■"our Coinmiltee didnot deem that tbe persons 
ilding them had any right thus to use them, 
3d refused to be made the instrumeuls lo report 
rivate loiters thus obtiuncd. 
This force was not resioted, beoause it was col- 
lected and marshaled under tbe forms of law. 
if barbarity, uueiampled in the 
history of onr Qovernmont, was followed by its 
natural consequences. All the restraints wbioh 
Ameriean dtiiena are accuattdned to pay even 
to tbe appearance of law, were Oirown off i one 
act of violence led tp another ; homicides became 
fieqnent. A piuiy under 11. C. Fate, composed 
chiefly of ciliiens of Missouri, were token prison- 
ers by apartyotselllersi and while jour Com- 
mittee were at Weatport, a; uoBiponj chiefly of 
Missonrians, oeoompanied bftlw acting Dele- 
gale, went lo relieve Pate and his parly, and a 
collision was prevented by tbe Lulled States 
troops. Civil war has seemed impending in llie 
Territory. NoUiing can prevent so great a ca- 
lamity but the presence ofalargeforceof United 
Statea troops, under a commander who will with 
prudence and discretion quiet the eiclled pas- 
sions of both parties, and eipel with force the 
armed bauds of lawless men coming from MIs- 
sonri and elsewhere, who with crimioal pertinaci- 
ty ii^eat that Turitory. 

In sons eases, and as lo me entiic eloclion-dia- 
trict, the condition of the coun try prevented the 
attendauce of witnesses, who were either arrested 
or detained wi 
red fnan sc 
served Ihe proceesei . 
rested and detained fora short time by am 
'"ree- claiming to be a part ot Ihe possi 
uBhal. but was allowed to proceed upon 
'his papers, «-"" "■— -: 



d while obeying our process, or deter- 
so doing. The Sergeant-at Arms who 



id was furnished 
m D. Wilkes of 
South Carolina." Jotn Upton, another ufflcer 
of the Committee, waa subseiiaently stopped by 
a lawless force on the borders of the Territory, 
and after being detained and treated with great 
indignity waa released. He also was fumished. 
witb a pass mgned by two citizens uf Missouri, 
and addressed to " Pro-Slavery men," By reasoa 
ot these disturbances we were delayed in WesV 



It partially occupied. 



in tlicre. 



.Google 



116 



THE STKUGGLB FOE SLAVERY RESTRICTION. 



But the obetrucUoD wUcli cieated the most : 

the attempted arrest of Got, Eeedor, the cooteal- 
ing Delegofe, uponii writof attBchment iasuod 
agoioet him by Judge IiecomptB to compel hia 
•tlendanoe aa a witness boforo the Grand Jury of 
Douglas County. WilLiamI<'iuie,recentlytW>mlhe 
State of Qboi^ib, and oltummj to be the Bepnty 
Marshal, cbhib into the room of the CommilteB 
while Got. Eeeiior was Bimmiuing a witneea be- 
(bre us, and producing the writ required Gov- 
lieeder to attend bini. Subseqneut events have 
only strengthened the conviction of your Com- 



eeat, was. not held m nursnanco oftaw, andtliBt 
it ehuuld be regarded only as the expreBaion of 
tho choice of the reaideot citisena who voted for 



Si 



mittee that thie ira9 a irantoa ai 



iUTostiga 



tion. Gov. Keeder and Gen. Whitfiet 
wera fully posseaaed of that local informaEion 
which would enable at to elicit the whole truth, 
and it was obvious to every one that any event 
which would separate either of them from tho 
Comniittee would necessarily hinder, delay, and 
embarrass it. Gov. Rceder claimed that, uiwitT 
the circnmstanees in which he was placed, ho 
was privileged from arrest except for treason, 
felony, or breach of the peaee. As this was a 
quoation of privilego, proper for tho Go arte, or 
tor tbo privileged peraon alone to detcrmioe on 
Lis peril, ire declined to give him any protection 
or tako any actJon in the matter. Ho refosod to 
obey the writ, behoving it to l»e a mere pretense 
to get tbe cnalody of his person, and fBari'ug, be 
he alleged, that he would be aesaasinated by 
lawless bands otmeulhea gathering in and near 
l*compton. He then loft t^e Tomtoty. 

Suhsoquently H, Miles Moore, an attorney in 
lanvenworth City, but for several years a oiti- 
zen of Weston, Mo., kindly furnished the Com- 
mittee information as to the reaidence of persu 
voting at the elections, and in some enaca i 
amined witneasee before as. He was arrested 
tho streets of that town by an armed band 
■bout thirty men, headed by W. D. Wiltea, 
without any color of anthprity, eouflned, with 
trther citizens, under a military gnard tortwentj;- 



. Hiale 



id then ni 



and upon h 

dangOT his person to give it openly, the m 

of your Committee deem it proper to ciaroi 



and the party with and for whom he acted, 
unrepresented before us during a greater portion 
of the time, and your Committee were req^uirod 
to ascertiun the tmth in the best manner " — 

Your Committee report the folbwinp 
and conclusiooB aa established by tbe tcatm 

First: That each election in the Terr 
held under the organic or alleged Territorial 
has been carried by organized invnaions from 
IheSlateofMisaouri, by which the people of the 
Territory have been prevented from eiendsi- - 
. therighfa secured to them by theoi^anic law. 

Second .- That the alleged Territorial hems 
tnre was an illegally constituted body, and h 
no powerto paas valid laws, and their eoactmci 
ore, therefore, null and void. 

Tkird : That these alleged laws have not, 
a general thing, been used to protect poisons a_ .. 
property and to punish wrong, but tor unlawful 

Fourth: That tbe election under which the 
fitting Delegate, John W. Whitefleld, holds his 
-Beat, was not held in pursuance ofi any valid law, 
and that it should be r^arded only as the ex- 
presHonof the choice of those resident citizens 
^bo voted for him. 

Fiftli: That the oleotion under which the oon- 
'teetiug Delegate, Andrew H. Seeder, rlnima his 



.- That Andrew H. Heeder 
— number of votes of realdent '■ 
in W. WhitficliJ, for DelBgato. 






ith: That in the pree"ent condition of the 

Territory a fair election cannot be held without 
a new eenauB, a stringent and well-gnardcil 
election law, the selection of impartial Judges, 
and the presence of United Slatoa troops at cvarv 
place of election. 

Eighth : lliat the variona elections held by 
(he people of the Territory preliminary to tho 
formation of tbe State Government have been aa 
regular as the disturbed condition of the Terri- 
tory would allow 1 and that tbe Constitution 
paased by the Convention, hold in pursuance of 
sud elections, embodied the will of a mi^rity of 
the people. 

As it u not (he province of your Committee 
> s^gest remedies for (he existing troubles in 
le Territory of Kansas, they content themselves 
rith (he foregoing atatement of fhcta. 

Allofwhicli is respectfully a ubmitted, 

Wh. a. HowARn, 



The Free-State Conslitution framed at 
Topeka for Kansas, by the Convention culled 
by the Free-8tate party, (as set forth in the 
foregoing documents,) was in due sgosod sub- 
mitted to Congress — Mrasrs, Andrew H. 
Reeder (the Free-State Territorial delegate) 
and James H. Lane having been chosen by 
the first Free-State Legislature Senators of 
the United S&tea, and Mr. M. W. Delahay 
elected Representative in the House, by the 
Pree-State men of Kansas. Of course, these 
were not entitled to tJieir seats until the 
aforesaid instrument (known as "the Topeka 
Constitution") should be accepted by Con- 
gress, and the State thereopon admitted into 
the Union. This Constitution, being form- 
ally presented in either House, was received 
and referred to their respective Committees 
on Territories; hut the accompanying Me- 
motial from the Free-State legislature, set- 
ting forth tho grounds of the application, 
and praying for admission e& a State, was, 
after having been received by the Kenate, 
reconsidered, rejected, and returned to Col. 
Lane, on tbe allegation that material changes 
had b^en made in it since it left Kansas. 
Tlie Senate, in like manner, rejected repeated 
motions to accept the Constitution, and 
thereupon admit Kansas as a Free State — 
there never being more than Messrs. Hamlin 
and Fesscnden of Maine, Hale and Bell of 
New-Hampshire, CoUamer aodFootof Ver- 
mont, Sumner and Wilson of Mass., Poster 
of Connecticut, Seward and Fish of New 
York, Wade of Ohio, Dnrkee and Dodge of 
Wisconsin, Trumbull of Illinois, and Harlan 
of Iowa, (16) Senators in favor of snch ad- 
mission, and these never all present at the 



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THE .KANSAS-NEBRASKA STRUGGLE. 



liT 



.Oi«.mittee on Territories, its Chairiuan, 
Mr. Grow of Pcana., from a majority of Eoid 
Committee, reported in favor of the admis- 
sion of Kansas uader Bucli Constltntioti, as 
aFreeState; and aEt«r debate tlie Previous 
Question thereon was ordered (June 28th) 
by a vote of 98 Ayes to 63 Noes. Previous 
to this, however, Mr. Stephens of Georgia 
had proposed, as an amendment or substitute, 
a radically different bill, contemplating the 
appointment by the President and Senate of 
five Commissioners, who should repair to 
Kansas, take o. censns of the inhabitants and 
legal voters, and thereupon proceed to ap- 
portion, during the month of September, 
1858, the delegates (52) to form a constitu- 
tional convention, to be elected by the legal 
voters aforesaid ; said delegates to be chosen 
on the day of the Presidentiai election (Tues- 
day, Nov. 4th, 1856), and to assemble in 
convention on the first Monday in December, 
1856, to form a State Constitution. The 
bill proposed, also, penaltjes for illegal voting 
at said election. 

To this substitule-bill, Mr. Dunn of In- 
diana proposed the following amendment, to 
come in at the end as an additional section ' 



second seolionof thenctpaaaedntihefirBL __. 
fflon of lie Thirtj-Third CongroBs, commoniy 
culled the Kansas and Xebre^a act, as i-oads 
aa follows : " Excuptihe e^hth aection of Iha act 
PFcparatorj to the aijmiaaioa of Miasonri into the 
Umon^ approved March 6,1820, which, beioB 
inconsiBtent with liie principle of non-interven- 
tion hy Congreas with elavery in the States and 
TerrittirieB, as reoognized by the leiiialatioa o' 
1850, comntonly called the compromiae meaam^ 
ia hereby declared inoperative and void; 
being the true intent and moaning of Ihia ai 
not to Ic^Blate slavery into any State or Ten 
lory, or to exclude it therefrom, but to leave tL 
peojile thereof perfectly free to form and rcgulal 
tlieir domeatio inBtitutions in their own way, bbI 
jcct only to the CooUituKon of Iho Unit* 
Statea : Provided, That nothing herein contiiine 
ahall be conatiued to revive or pnt in force an 
law or reguiation which moy have ciisted pri< 
to the act of Bth Jtorch, ISM either proteotinj 
.eBtabliabini;, prehibiting, or aboliahiDg alaveir. 
be, and tha eame is thereby, repealed, provide 
that any peraon or peraona lawfully held : 
service within either of the TemitorieB named i 
fiaid act shall be discharged from such servie 
if they shall not be removed and bent out of sa! 
Territories within twelve montha from the pa 
sB^ of thia act. 

Mr. Dunn's amendment to the Stephei 
amendment or substitute, was carried : Yeas 
109 ; Nays 102— as follows : 

YEAS— Messrs. Albright, Allison, Ball, Bi 
bour, Henry Bennett, Benson, Billinghar 
Bingham, Bishop, Bliss, Bradshaw, lli-ontc- 
Broom, Buffinton, Burlii^amK, Jamoa H. Camp- 
bell, Lewis D. Campbell, Bayard Clarke, Ezra 
Clark, ClawBOn, Colfai, Comina.Covode, Crarin, 
Cnmbaek, Damrell, Timothy Davis, Dean, De 
Witt, Dick, Diekeon, Dodd, Dunn, Durlce, 
£die, Edwards, Emrie. Flagler, Gallow^, Oid- 



Bton, Kelaey. King, Knapp, Knight, Knowlton, 
Knoi, Kunkel, Leiter, Mace, Mattcson, Mc- 
Carty, Mesebam, Killiaii Millar, Jtillward, 
Monro, Morgan, Morrill, Murray, Andrew Oliver, 
Parker, Poarce, Pelton, Pennington. Perry, 
PetUt, Pike Pringle, Purvianca, Bobbins, 
Roberts, Eobison, Sabin, 8^e, Sapp, Scott, 
'" lan, Simmons, Stanton, Siranahan, Tap- 
pan, Thoringlen. Thnrston, Todd, Trafton, 
Wade, Wakoman. Walbridge, Waldron, Cad- 
'alader C. Washbnme, ElHiu B. WaBtaburue, 
Israel Washbnm, Watson, Welch, Whitney, 
Wood, WoodrufT, aaij Woodworth— 109. 

MAYS— Meesrs. Aiken, Allen, Baralay, Barks- 
dale, Bell. Hendley S. Bennett, Bocoek, Bowie, 
Boyce. Branch, Brooks, Bumolt, Cadwalador, 
John P. Campbell, Catlile. Caruthors, Coakle, 
"'"•igman, Howell Cobb, Willinmsen E. W. 
lb, Coi, Craige, Crawford, Davidson, Day, 
iver, Dowdell, Bdmundson, EUiot, Engl^, 
itiB, Faulkner, Florence, Poaler, Thomas J. 
Fulloi-, Goode, Greenwood. Augnalus Hall, 
aorrison Harris, Sampson W. ifarris. Hick- 
1, Hoffman, Houston. Jowott, George W. 
- -..ee, J.Glaney Jones, Keitt, Kelly, Kcnnett, 
Kidwell, Lake, Letcher. Lumpkin. Alexandet 
K. Marshall, Humphrey Marahall, Maxwell, Mc- 
Mnllin, McQueen, Smith Miller, Millscn,NiclioU, 
Mordecw Oliver, Orr, Packer, Paine, Peek, 
Phelps, Porter, Powell, Puryear, Quilman, 
Koady, liicaud, Kchardson, Rivera, Buffin, 
Rust, Sandidse, Savage, Seward, Shcnier, SMoael 

A. Smith William Smith, William K. Smith, 
Sneed-Spinnoi', Stephens, Stewart, Swope, Tal- 
bott,Taylor,Trippe, Underwood, Valk, Walker, 
Warner, Wotkina, Wheeler, Williama, Daniel 

B. Wright, John V. Wright, and ZoUicoffer— 

Mr. Stephens's substitnte, as thus amend- 
ed by its adversaries, was abandoned bj its 
original friends, and received but tvm votes 
— those of Messrs. Geo. G. Dunn of Indiana 
and John Scott Harrison of Ohio — Nays 
210. 

Mr. Dunn had previously moved a refer- 
ence of the bill to the Committee of tlio 
Whole on the state of the Union. This was 
now defeated : Teas 101 ; Nays 109. 

Mr. Jones of Tenn. now moved that the 
bill do lie on the table, which was defeated 
Teas lOG ; Nays 107 (Barclay of Penn., 
Dunn of Ind., Haven and Williams of N. Y. 
— Yeajj-Ea^ardClarbeofNcw-Tork, Hick- 
man and Millward of Pa., Moore of Ohio, 
and Scott of Ind. — Nays; Scott Harrison 
ofOhionot voting, WeUs of Wise. at^t). 
The House now refused to adjourn by 106 
to 102 ; itnd, after a long straggle, the final 
question was reached, and the bill reeded.- 
Yeas, 106 ; Nays 107— as follows : 

YEAS— McsBK. Albright, Atltaon, Bill, Bar- 
bour, Henry BeuDett, Benson, Billingburst, 
Bingham, Biabop, Bliss, Bradshaw, Brentoo, 
BaffiatoD, BnriiDgame. J. H. Campbell, Lewis 
D. Campbell, Bayard Clarke, Ezra Clark, Claw- 
sou, Collos, Comins, Covode, Cri^;in, Cumback, 
Damrell, llmethy Davia, Day, Dean, De Witt, 
Dick, Dickson, Dodd, Dnrfec, Edie, Edwards, 
Emrie, Flagler, Galloway, Giddings, Gilbert, 
Granger, Grow, Robert U. Hall, Harlan, Hick. 
man, Helloway, Thomas R. Horlon, V^entine 
B. Horton, Howard, HngbEton, Kelaey, King, 
Knapp, Knight, Knowlton, Knox, Kmikel, l3- 
ter, Hatteson, McCorty, Meachnm, EiUian MH- 
ier. Milliard, Moure, Morgan , Morrill, Muiray, 



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THE STRUGGLE FOB SLAVERY BKTRICTION. 



Hidiols, Andrew Oliver. Parker, Poari 



Trafloii,Wadc. 
Cadwftlader C. Washburne, Elihn B. Waeh- 
hume. Israel Wa&hljiira, Wataon, Welch, Wood, 
Woodruff, and Woodworth— 106. 

NAYS— Meaara. Aiken, Allen.Sar-e^ay.BaAa- 
dalc, Bell, Hendley 8. Bennet, Bocock, Bowie, 
BoTCB, Branch. Brooka, Broom, Bnmett, Cad- 
mlader, Johu P. Campbell, Carlile, Canithera, 
Caakie, Howell Cobb, Williamaon E. W. Cobb, 
Cvx, Craiie, Crawford, Called, Davidson, Den- 
ver, Dowdoll, Dunn, Bdmundson, Elliot, Eug- 
luib, Etberidee, Eaatis, Evans, Faulkner, Ftor- 
ence, Foatar, Tbomae J. D. t'nller.Goode, Green- 
wood. Augustna Hall, J. Morriaon Harris, Samp- 
son W. Harria, HarHcon, Harm, Herbert, Hoff- 
luaa, Houston, Jewelt, Gaorae W. Jones, J. 
Glauc; Jones, Keitt. Eell;, Kennelt, Eidwell, 
Lnke, Iietcher, Liodley, Lumpkin, Alexander E. 
UanhoU, Humpfarey Hareball, Samael 8. Har- 
ahsll, HaxwelL McMullin, McQueen, Smith Mil- 
ler; MillBOQ, Mordocai Oliver, Orr, Packer, 
Paine, Peck, Phelps, Portor, Powell, Puryear, 
Quitman, Ready, Bicaud, Eivera, Uuffin, Enst, 
SandidKo, Savage, ■ Seward, Shorter, Samuel A, 
Smiih, WlllinmSmilh, WillUm R. Smith, Sneed, 
8tephen«, Stewuri, Swope,Talbotl, Ta¥lor,Trippe, 
Cndorwood Valk, Walker, Warner, Watkiiis, 
Wheeler, W hitney, WiUiama. Daniel B. Wrieht, 
John y. Wright, and ZeUiooffer— 107, 

So the bill WM lost 

Mr. Goode of Virginia now sought to 
move a reconsideration, and to have that 
tnotion laid on the table ; but was cut off bv 
a motion to adjourn already pending, which 
prevailed, 

■ Juii/lsi.— Mr.Barclay(Dem.)ofPa.rose 
to a privileged motioo. He moved arecon- 
sideration of the preceding vote, by whieh 
the Free-Kanaaa bilt had been rejected. A 
stormy debate ensaed, in the midst of which 
Mr. Howard of Mich, rose to a question of 
higher privilege (aa affictiog the right of a 
member [delegate] to his seat) and aul>mitted 
the Report of the Kaosaa Investigating 
Committee (already given). The Speaker 
sustained the motion, and the House sus- 
tained the Speaker, The Eepoftwaa there- 
upon presented and read, consaming a full 



again reached. Mr. Houston of Ala. moved 
that it do lie on the table : Defeated ; Yeas 
97 i Nays 102. The main question was then 
ordered : Yeas 101 ; Nays 98 ; and the re- 
consideration carried : Yeas 101 ; Nays 99. 
The previoos question on the passage of the 
bill was now ordered : Yeas S9 ; Nays 96 ; 
amotion by Mr, McQueen of 8.0. to lay the 
bill on the table was defeated : Yeas 97 ; 
Nays 100 ; and then the bill wae Anally 
passed : Yeas 99 ; Nays 97, as follows : 



iiirst,liingham,Blise,BradBhaw.Breulon,l 

on, Jamea H, Campbell, Lewis D. Campbell 

Sayatd Clarke, Eira Clark, Clawaon, Colfai, 



Comins, Covode, Cragin, Cnmback, Damrell, 

DiekSOn, Dodd, L<u<cip, uuic, i;.u~niu<,, i:,uuii:, 

Flagler, Galloway, Qiddinge, Gilbert, GtangH-, 
Grow, Robert B. Hall, HarRn, Hickman, hSio- 
way, Thomas K. Ilorton, Valenilne B. Horlon, 
Howard, Hnebston, Kolscy, Kine. Knapn, 
Knight, Knowfloil,Knos,KBn/-' ' '^— "-■■' 
-5D,HcCarty, Moacham, Killiai 



Pringle, Purviance, Roblrina, Roberts, BobisoD, 
Sabio, Soge^ Sapp, Scott, Sheiman, Spinner, 
Stranahan, Tappan, Thorington , Thurston , Todd, 
Trafton,WHde.Wakeman,WalbridgeJJVBldron, 
Cadwaladcr 0. Washburne, Elihu B. Wash 
bnme, Israel Washburn, Welch, Woodruff, and 
Wood worth— te. 

NAYS— Mesere. Aiken, Allen, Barkadalo, Bell, 
Hendley S. Bennett, Bocoek, Bowie, Branch, 
BrookB,Broom, Burnett. Cadwaladcr, Carnthers, 
CaskiOj Clingmao, HowoU Cobb, WiUiamaon E. 
W. Cobb, Coi, Craiire, Crawford, Cullen, Henry 
Winter Davia, Denver, DowdeU, Dunn, Ed- 
mundson, English, Etheridge, Enetis, Evana, 
Faulkner, Florence, Henry M. Puller, This. J 
D. Fuller, Goode, Greenwood, Augustus Hall, J 
Morrison Harria, Sampeon W. Harris, Thomas 
L. Harris, Harrison, Haven, Houalon, Jewetl, 
George W. Jones, J. Glanoy Jones, Kelly, Ken- 
netl.Kidwell, Lake, Lindley, Lampkin, Alex 
Buder K, Marshall, Humphrey Marshall, Sa 
muel S. Marshall, McMullin. McQueen, Sdith 
Miller, Mileon, Mordecai Oliver, Orr, Packer, 
Peek, Phelps, Porter, Powell, Puryear, Ready, 
fficBud, Rivers, Ruffin, Ruat, Sandidge, Savage, 
Seward, Shorter, Samuel A. Smith, William 
Smith, William R. Smith, Sneed, Stephens, Stew- 
art, Swope, Taylor, Trippe, Underwood, Valfc, 
Wdfcer, Warner, Watkiiis. Wheeler. WUtoey, 
WilliamB, Winalow, Daniel B, Wright, John V 
Wright, and Zollicoffer— 97. 

Mr. Grow of Pa. moved Ihe reconsidera- 
tion of this vote, and that the motion to re- 
consider do lie on the table, which was per- 
mitted, without further division. 



ko, on file aad day of October, A. a. 185£ 
ot the Independeace of the United Statt 
eightietb year, having the right of admieaio 



theonjoymenlof all the righta of life, liberty and 
property, and the free pursuit of happiness, do 
mutually agree with each iilher to form ourselvoa 
into a free and independodt State, by the nums 
and style of the State of Kansas, bounded ta 
follows, to wit; Beginning at a point on tbo 
western boundary ot Ibe Stale of Missouri whera 
the thirty- SB veath parallel of north latitude 
crossea the same ; thence west on said parallel 
to the eastern boundary of New-Mexico ; thenoe 
north on said boundary to latitude thirty-eight ; 

eastern boundary of the Territory of Utah on 
the summit of the Rocky Mountains; thenoa 
northward on said summit to the fortieth parallel 



wGoogle 



THE KAN5AS-HESRASKA. STRUGGLE. 



Iti 



«F laid MHnde; theoce esst nn enid pnrallul (o 
theiT««teni boimdary of tiie SUte uf Misgouri ; 
thence south with the weslcrnhoundary of suid 
Bta'e 10 the place of bogiimingrood do ordain 

Bill of Uikhts for the govemmeot thereof; 



Article L- 
Skctiok 1. AUmf 






IghlB. 

iSing 

-— . „. ^ „, apro- 

locting pri^erty, and seekiog und obtsiuing 



lid have corCain insliena 

^ rethosflof enjoyuigaad 

life aiid liberty, acquiring, ^sceeing, 



for their 

«quul protection aod benefit ; end they have the 
right to alter, reform or ubolieh the eume when- 
they may deem it neceMary 1 and no £pr"--' 



js shall _ .. 

e altered, levuked, or : 
the Ocneral Assembly. 

Sec. 3. The people have the tight 
together, in a peaceable manner, to < 
"--■ 1 good,"-'—' — • "-"■■ 



privilegea or unmi 






for the redress .,_ ^ — 

Sec. 4. The people have the right to hear amiB 
for their deleniic and Becuiity, but standing ar- 
miea m time of peace are dangerous to tuier- 
tv, and Bhall not be kept up ; and the milita 



11 be kept in etiict Buboidinsti 



In hi9 behalf, and a speedy pnbllc trial by an im. 
partial jury of Ibe coonty or ^etriet in which tbo 
(rffenee is Blitzed to have been committed ; nor 
ehall any pcraOD be compelled m finy criminal 
caee to be a witnOEB againEt himeelf, or be twice 
■lift in jeopardy for the same offenue. 

.11. Every citiaen may freely epeak, write 
ublish his sentiments on nil anbjectg, being 
responsible fbr the abuee of the right ; and no 
'iw sbatl be passed to restroin or abrid^ the 
iberty of speech or of the press. In all enminal 
proseonlions or indirtmenle fur liltel, the truth 
may be given in evidence to the jury, and if it 
shatl appear to the jury that the matler charKed 
- '"-eloua U true, and was published witfa good 

ee. and for juitifiable ends, the parly shall 

be ncquitCed, 

Sbc. lit No person rtall be transported out <rf 

the Stale for any offenae committed within the 

same ; and no conviction ehall wurk coirnption 

of blood or forfeiture of estate. 

Sec. 13. No eoldier shall, in time of peace, te 

rirtered in any home without the consent of 
owner ; nor in lime of war, eicept in a mail- 
V prescribed by Ian. 

Sec. )4. The ngbt of the people to be eteait in 
leir persons, houses, pnperc, and jiOEsetssion*, 
at^inst unreaeonahle searches and seizures, ebaa 
Dot be vioUted : and no warrant shatl iosito but 
upon probable cause, supported by oath or af- 
firmation, particnlnHy describing the place to 
'-- -^arched, and the persons and tUtiga to ba 



Sec. 5. The right of trial by jury shall be in- 

8ec. 6 There shall be no Slavetj in this Slate, 
D(f involuntary servitude, unless for tbe punisb- 
Bieiit of crime. 

Sec. 7. All men have a natural and indefei 
bla rigbt to worship Almighly God according to 
Uie dictates of Ibeirown conscience. Nop<akin 
shall be compelied to attend, erect or suppor 
any place of worship, or maintwn any form ol 
WOTBhip aeiunethia consent; and uopreferenci 
shall bo given by law to any religious society 
nor BhalT any interfereiuje with the rif^ts ol 
eenscience be permitted. No religious test shall 
be required as a qualilicatioD for office, nor shall 
any person be iucompele] 
count of his religious beli 



t Religioi 



but nothing herein 
nxo with oaths and 
,ud knowledge, 

ihly' 



futyof the Ol 

pass suitable laws to protect eveiy religi . , 
nomination in the peaceable enjoyment of 
own mode of public worship, and to enconri 
tchools and the means of bistructlon. 

Sec. 8. The privilege ot the writ of kaieas 
coipm shall not be auspendedj unless in osae of 
rebellion or invasion the public safety require ii- 

Sic. 9. All persons shall be bailable by euffi- 
eteut sureties, unless for capital offenses where 
the proof is evident, or tiie presumption great 
Esca-sive bail shall not he required, nor eices- 
Hvefiiiea imposed, nor cruel and anusuul pun- 



cess, unless in case of fraud. 
Sec. 16. All courts shall b 



Sec. 19. The payment of a ta;: shall not bo 

Sec. aO. Private pr(q)erty riiall ever be held 
inviolate, but subservient t« the public welfare. 
When taien m time of war, or oilier public eii- 






imedial 



Ifcted. 



in tbe army and 






muitia, when in actual aeiTice, lu mue m ivui 
or public danger, oiid m cnsce of petit larceny 
and ofher inferior offenses, nn person shnll be 
held to answer for a capital or oUierwiee infa- 
mous crime, unless on presentment or indictment 
ofB Grand Jury. laauytrinl, ia nu^ ooart, the 
party nocuued ahall be allowed to appear and 
aefeiid in person, and with counsel, to demand 
the nature and canto of the irccusiition ngahiat 
him, and to have u copy thereof: to meet the 
■witucB.iCS face to face, and to Luto compulsory 
jroecsa to procure the af ti^ndaiioe of wilDCEses 



seiEure, or tor the purpose of making or repa 
ing roads, which shall be open to the public ui 
without toll or other charge therefor, a compen- 
ealion shall be made to Ibe owner in money ; and 
In all other coses, where private property ehaU 
bo taken for public use, a compenaHtion there- 
for shall first be made in money, first secured bv 
a deposit of money, and such compensalion shall 
he assessed by a jury, wiUiont deduction for 
'- any properly of the 01 



to, n 






cutcdoi 



>r mulat- 



State, shall be valid within Ibe Stulc- 

jjEC. U2. This enumeration of rights shall not 
be construed to impair or deny otoen retained 
by the people ; and all powers not herein dele- 
gated sball remain with the people. 

Article II,— Elective Prakchise. 

Sicrios 1. In all elections by the people, the 

vole shuU bo by ballot, and in all elections in 

flio Uoneral Assembly, the vote shall ho vica 

Sec. 2. Every white male pcr^ion, and every 
civilized mule Indian who bus adopted )hc hab- 
Us,of the while man, of the ago of tweiitj-oae 
years and upward, ivho shall bo at ilie lime of 



wGoogle 



THE STRUGGLE FOR SLAVERY EESl^RICTION. 



e Uniled States 
id hia hnbitatioD 



who shall have rceided. and hi 
domicile, home, and place of pei 
the State of Kansus for eii mot 

iog the election at which he offe , 

I, and for thirty days immediately 



preceding eai 

tbe coDnty in which he offers to vote ; and who 
ehall have resided in Iho precinet or election^ 
'district for at Icust ton days immediately preced- 
ing the election, shall bo deemed a gualified elec- 
tor at all eleotions under this Uonetitation, 
except at elections by geaernl ticket in the State 
or district prescribed by law. in which case the 
.... . ._ . .Lg nforeamd qnalificatioos, 



elector must hai. _ 

bnl a residence ia said district for ' 

enlitle him to TOle : Pi-<niided,That no 
e of tbe regala 



Upited ^1 
the State in consei 
in the same. 
Sxc. 3. The Gei 



i1 Assembly shall, at it 
lui ,ae re^Btradon of ail i 
ich county, and therenfler, . 
all who may become qualified 



electors. 

Skc. 4. Tbe Letpslature shall have 
*iclude from every office of honor, trasi 
witbia the State, and from the righ 
frage, all persona oonvicted of any 

Sic. 5. No person shall be deemed ci 
holding or being elected to any post ■ 
— -=' - — ' - emolument, civil ormi 



or who 
shall in 



or proSt 
t of snf- 

ipable of 

!iBe the right of suffriwe under the govem- 
. of this State, who ehall hereafter fight a 



ccept Bcbailen 



aid oi 



;r party, or i 



le knowingly the hearer of sach chal- 
tenge or acceptance, whether the same occur or 
be committed in or ont of the State. 
Sec. 5. No person who may hereafter be col- 

tetor or holder of pnblio moneys shall be eligi- 
: lo any office of trnst or profit in the State 
until he shall have accounted for and paid into 
the proper public treasury all sums fur which he 
may be acconntable. 

Skc. 7. No State officer or member of the 
General Assembly of this State shall receive a 
fee, be engaged as connsel, agent, or attorney, in 
any case or clum against the State. 

Sec. 8. No Senator or Representative shall, 
during the term of gffice fbr which he shall have 
been elected, be appointed to any civil office of 
profit in this State which shall have been created, 
or the emoluments of which shall have been in- 
creased dnriD? such term, except such offices as 
may bo filled by election by the people. 

Sec.9._A11 officers, civil acd military, in this 



_ -,do B,.„. .„. 

affirm] that I will support the Constitution of tie 
United Stales, and of the State of Kansas i that I 
am dnly qualified according to the ConBtitulioo 
lo exercise the office to which I have been elect- 
ed, [or appointed,] and will, to the best of my 
abihties, discharge the duties thereof fmthfnlly 
and impartially, accordiug to Ian," 

Sec. 10. Every person shall be dbqualified 
from holdini any office of honor or profit in this 
State, who Bhallhavo been conviofea of having 
pven or uffered any bribe to procure his elec- 

R — v„ .i,„ii 1 __j_ 1 guy undue 

rr improper 



ioflneneo from power, tnn 
practices. 

Sec. 11. All civil ofiiccrs of the State 
reside within Ihe State, and all District 
County officers witliin their respective Dis 



fficcrs not oHierwiso provided for, i 
a the Secretary of Stale, in such m 
•e presci-ibed by lav. 



urnijig there- 
in, and broach 



ivided in 



tedeparti 



Ihe Legislative, the Ei . ... .._ _^ _ 

Iminiatrative, and the Judicial! and no per 
n charged with official dutiea under one of 
ese departments shall exercise any of th< 
Dclions of another, except as in this Constitn 
in expressly provided. 

Article IV.— Leoislativk. 



>C of a Senate a. 



I House of 



Sec. a. The Senators and Representatives 
shall be cboeeu annuolly hy the quaUficd elect, 
era of the respective Counties or Districts for 
which they are chosen, on the first Monday of 
for one year, and their term of office 
nmence ou the first day of January next 



.ugual 



Sec. 3. There shall bo olacted at the first elec- 
ion twenty Senators, and sixty Representatives, 
nd the number afierwMd shall be regulated by 



not possess the qi 

Ssc. 5. No person holding office under the au- 
thority of the United States, or any lucrative 
office under the authority of this State, shall be 
eligible to or hold a seat in the General Assem- 
bly i but this provision shall n< ' ' 



ship ol 
SEc.'e^Eac 



Hou 



)t as otherH^ 






rn rale of proceeding, 

^ .. ._. Jiaorderiy conduct, and 

with the concurrence of two-thirds expel a mem- 
t not Iho second time foe tbe same tauee ; 
U judge of the qualification, election and 
of its own members, and shall have all 
jwors nccessnry for its safety and tho un- 
!d f ranaaction of business. 
'. Each House shall k*ep a journal of its 
proceedings and publish the same. The Teas 
—id Nays on any question shjll. at the request 
two niembors, be entered on the journal. 
Sec. 8. Any member of either House shall 
have Ihe right lo protest against any act or reso- 
lution thereof; and such protest and reason 



r delay, b 



■- All V 



without ... 
tered on the 






on, felony or breach of 

.. il Assembly, anil in goiig 

■> uuu reluming from the same ; and for word! 
ipoken in debate they aball not be questioned ia 
my other place. 
Sec. U. Ainajority of nil the Kiembiite elected 



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THE KANSAS-NEBRASKA STRUGGLE. 



to eachllouGe sholl be necessary to pass cvcrj 
or joint resoliitiun, and all bills and joint ! 
lulione BO passed shaKbc eigncil by tbe presid- 
ing officers of tho respective Houses, (-^ — 
Benled to tiio Governor for his approval. 
Sec. Vi. Tlie doors ot each House, 
Committees of tbc Whole, shall be k( 
Neither Uooeo shall, without the conse 
other, ai^jonm for more than two da; 
an; other place than that in which 



^pt open, 
nt of the 



. shnll he sitting, 

safety. 
Sec, 13. Every bill shall 






Sec. 34. Within one year atler the ralifioBlion 
of this Constitution, and within every subse- 
qnent two years thereafter, for the tenn of ten 
years, an ennmeratiou of all the while inhabl toots 
uf this State shnll l>e made in such manner as 
shnll be directed by law. 

Sec, 25. All regular sessions of (he General 
' -^omblv shall be held at the capitnl ■ ' "■- 
, _L_„ _ .1. jj-jg t^ 



Hays; but the reading of a bill byeeotioi 
final passage shall m no case be dii^pvuQvu 
with; and tno vote on the passage of every bill 
or joint resolution sftalt be taken by Yeas and 
Nays. 

Sec. 14. Evan- act shall eontnin but one anb- 
ject, which shall bo clearly expressed in itstitto. 
Bais may originate in either Honsc, but may be 
altered, ameiSea, or rejected by the other. 

Sec. 15. In nil eases when a general law can 
ba made applicable, EpecM laws shiUl not bo 
eascted. 

Sec. 16. No act shnll ever be revived or 
amended by mora reference to its title -, but the 
act revived, or the section amended, shall be set 
forth end published at fnll length. 

Skc. 17. No act shall take effect unUl thesame 
shall have been published and circulated in the 
counties of the State by authority, eioept in 
case of emerconcy, which emergenoy shall be 
iJecloa^d in the preamble, or the body of the 

Sec. is. The election and appointment of all 
officeiB, and (he filling of all vacancies not other- 
wise provided fw by Ihia Constitnlioo, or the 
Constitution of the Umted Slates, shall be made 
in Eucii maimer BB shall be preBOribed bylaw; 
but no eppointing power sh^ be exercised by 
the General AsBenibly, except as provided in this 
Constilulion and in the election of the United 
States Senator, and in these cases the vote shall 
be taken viva voce. 

Sec. 19. The Gent^al Assemblj' shall n 

marriage i 



State, and shall cm 

of January annual 

SKC.S6. AD bill. 

nato in the Housi 

Sic. 27. The 
bly shall receive lor mei 
four dollars per day for e 
are actually ia attendai 
speeisl seaaioB, and fo 
twenty milea they shall 



tXuesday 

jhaUorigi. 
of Ecpresebtatives, sal^ject, 

,of the General Assem- 

i every day they 

Ilara fof "o^, 
in going to and 
rtmgbylhomoBt 

first under this 
iiid the lonn of 



Article V.— Eikcdtive. 

Section I. The Executive Department shall 
consist of a Governor, a. Lieu tenant-Govern r». 
Secretary of State. Treasurer, Auditor, and At- 
torney. General, who shall be c 
electors of tho State at the same : 
of voting forthemoiDbers of the General Assem-' 
bl; 






ly. 

Skc. 2. The Governor, LientenontGoven 
Secretary of Slate, Treasurer, Auditor, Alton 
General, and State Printer, shall hold their ol 






ulUug the contract of 

here by law the courta 

of this" State may have power to decree a di- 

Sec. ao. The General Assembly shall not have 
power to pass retro-active laws, ot laws impau^ 
ing tho obligation of contracts, bat may by 
general laws aulhoriio Courts to carry into efibct, 
upon such terms as shidl bejust audequi 

(he manifcE' •-—■' ' --■■■-- —' -' 

by curing oi 

eonforo: 



fficers shaU be eligible i 
wooutoflhreecousec- 
crson be eligible for t 

SecI 3. The returns 



'f?fi 



and officers^ 
of 



out of a 



.^ __ „,raof this SW 

shall be i "iSeii enacted by the General Asse. 
Uy of the State of Kaaias." 

Sec. 29. The House of Representatives shi 
have llie sole power of impeachment. All i 
peochments shall be tried by the Senate, a 
when sitting for the purpose, the Senators ah 
be upon oath or affirmation to do justice ( 
cording to law aud evidence. No person shall 
convicted without the conounence oflwo-thirds 
of all the Senators present 

Sec. 23. The Governor and all oilier civi 
cers, nnder the laws of this State, shall bo I 
to i mpefichmeot for ajiy misdemeanor in office, bat 
judgment in Bueh cases shall not eitend.furthi 
Uian to removal from office, and disqnaUficatio 
to hold any office of honor, profit, or trust, undi 
this State. The party, whether convicted i 



ined the age of thirty 

every election for tho 

_. _ going section, shall ha 

scaled up and transmitted to the scat of govem- 
ment by the retuniing-officers, directed to tho 
Secretary of State, who shall Uy tho same lieforo 
the General Assembly at their first moetiiig 
thereafter, when they saall open, publish and do- 
elure the result thereof in the presence of a ma- 
jority of the members of both Houses. Tho per- 
son having the highest number of vp(ea shall be 
declared duly elected, and a certificate (hereof 
given fo sudi person, signed by the presiding 
officers of both Tjodies ; but if any two or oiore 
shall be highest and equal in votes for Iho same 
office, one of Ihem shall be chcs«i by the joint 
vote of both Houses. 

Sec. 4. The supreme executive power shall be 
vested in a Governor. 

Sec. a. He may require information in writing 
from llie officers in the Esecntive Department 
upon any saWect relating to the duties of their 
respective offices, and shall eco that tho laws are 
faitlifully executed. 

Sec 6. He shslJ eommnnicate at every session, 
by message, to the General Assembly, the condi. 
tioa of the affairs of the State, and recommend 
such mesHutes as ho shall deem expedient for 



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US 



THE STRUGGLE FOB SLAVEEY EESTEICTION. 



ind shall stole to botli Housee when assembled 
the purposes for whicli they were eouvened. 

Sec. 8. Ir esse of diaogreement between the 
two Ilousea, in respeut to the time of ndjourn- 
menl, lie dintl have power to a^onrn the Geiia- 
nl Asaciubl/ to eucb time as he may think 

Eoper, but loi beyond the rejular " — 
Ei'eof 



>wer shall be Tested 



issiouB shall be 
mtbimtjr of the 
great aeal. sisa- 
enigned by the 



iiefeof 

Sec, 9. lleshnlibecomin 
niJitary in the Slate, eiuep 
ooUed ii)to the si^ice of thi 

8ic, 10 The pardoning r 
in the Oovpmor, nndcr eaisi 
ttriclions «B may be prcBcribcJ'by l«w. 

Sec.1). There Bbnllbeaseat of the State.the 
device ot which bhalt be fixed upon by the Gov- 
ernor and other State officerK. be kept by the 
Governor nnd used by him offieiaUy, and ehsll 
becafled "rheGrtat Stal of the State <fKan- 

sVc.la. All Banfsandco 
Bscd in the name and by tt 
State of Knnelta, sealed with 
ed by the OovMnor, ond co 
Secretary of Slate. 

Sec. 13. No member a{ eilber Hooie of C 
gresB, or other persons holding oSice under I 
anthority of this State, or of the United 8t«i 
■hail eiocnte the office of GoTemtn' sicept 
herein provided. 

Sec. 14. In the case of death, impedchment, 
resignation, removal, or other disability of the 

€tovemor, the Ueutenanl Governor shall 

ewo (he dntiea of the olEce of Governor, 
anoUier Governor shall be doly qualifiedi hut in 
»ueh cose another Goveroot sball be choeen { ' 
we next annual ^deetion fuc members of th 
General Assembly, Bnk«« such death, reBlcui 
tmn. raipeaehmcnt, removal, or other disability 
shall occur within three eatoBdai months im"- 
diately preceding suob next annnal eleotiai 

which CBBO a Governor shall be chosen at 

second sncoeoding aannal election tor members 
of tbe General Aasembly, and iD case of the 
death, imneaehmont, resignation, rem 
other disability of the LieutenantOovei 

Preaidenl of ftie Senate pro (cm. shall 

the office of Governor until a Govwnor shtdl be 
doty qualified as aforesaid. 

Skc. 15. TliB Ijeut.. Governor Ehall be Presi- 
dsnt of the Senate, but shnll vote only when tbe 
Senate is equally divided, and shall be entitled 
to the same pay as the Speaker of tbe House of 
Representatives, and in case of his death, im> 
peaohment, resignation, removal from office, or 
when he shall exercise the office of Governor, 
the Senate shall choose a President pro tewi, 

SGc.ia ShonldtheoffieoDf Secretary of State, 
TreMUrer, Aadilor, or Attorney-General become 
vacant, for any of the causes specified in the 
fonrteenlh and fifteenth sections, the Governor 
shall fill the vacancy or vbobucIce until the disa- 
bility is removed or a auoeessor is elected and 
SUBhfied. Every such vacancy shall be filled 
y election, at the first general election that oc- 
curs more than thirty days after snch vacancy 
ehall have occurred, and Ihe person chosen ehall 
liold the office fur the full term fised in the sec- 
ond acclion of this article. - 

Sec. ir. Tho officers mentioned in (his article 
ebnil, at stated times, receive for their sertices 
eompersation to be fimd by lavr, whtoh shall 
neither bo increased nor diminished durin"- the 
period fiir which they shall have been elected. 

Ssc.ia. The officers of the Esecutivo Depart- 
ment, and of the pablie Stale Insdtutioua shall 
at least ton days preceding each regular sesBinn 
of the GencTBl Assembly, severally report 



both Houses shall be presented (o the Gove^or. 
If he approve he shBlt sign llie same ; but if be 
shall not approve, he shall re) urn it with bis ob- 

jeetions to the House in which it lOinll have 
ongiaaled, who shall enter Ihe ol^ectir»is at largo 
upon the journal, and proceed to reconiuiler the 
same, Ifafler such reoonsideralion (wo-lhirdB 
oftbatHouseshall agree to pass the Ull, it shtil 
be sent, with the objections, to the other House, 
bv which, likewise, it shall be reconsidered, and 
if approved by two-thirds otthal House, it xhiill 
be a law. But in snch case the votes of both 
Houses shall be determined by Yens and Mays, 
and the names of the persona voting for or against 
the bill shall be entered apon Ihe journals of the 
House respectively. If any hilt shall not bo re- 
turned by the Governor within five days (Sunday 
eicegtodl oiler it sbnll have been presented to 
him, it ^lalt be a law In like manner as if he hai 
signed it,iiiilesa the General Assembly, by their 
ai^ournment, prevented its return, in which case 
it shall also be a law, unless sent back withio 
two daya atler tlie neit meeting. 

Sec. Se. Contested elections for Governor. 
LicHltsant Governor, Judges of ttie Supremo 
Conrt, and all other State officers, shaD be deter- 
mined by tbe General Assembly in such man- 
ner as may be presctibed by law. 

Sec, SI. The General Assembly shall bav* 
power to provide by law for tbe electi™ of a 
Sarveyor-General, State Geolocisl,, and Superin- 
tendent of Common Schools, Miose duties sbult 
be prescribed by law. 

AmcLi VI.— Jbdiciai, 
SlCTlos 1. Tho Judicial power of the Stat* 
shall bevested in aSupmrae Court, Cmirts oS 
CoBBHm Pleas, Jnstieea of the Peace and in 
such other Courts infcriw to the Supreuie Court 
OS the General Assembly may catabl'sh. 

Sec. a. The Supreme Court shall consist of 
three Judges, a majority of whom sh^ iwm a. 
qoorum. It shall have sach original and a ppel. 
late jurisdiction as may he provided by law U 
sball hold at least one term each jrear at the seat 

bo provided by law. Tbe Judges of tha Su^ 
ftema Court shall be eleoied by the electors ot 

Ste. 3. The ISte ehall be divided by tbe first 
_ ;ue[til Assembly under Uus Constitution into, 
three Comm™ Pleas Districts ot compact Terri- 
tory, bounded by county lines, and as nearly 
equal in population as practicablei and a Judge 
lor each District shall be chosen by the electors 
thereof, and their term of office diafl W for thi-ee 

Sec. 4, The Conrta of Common Pleas shall 
insist of one Judge each, who shall reside with- 
I ihe district for which he is chosen during his 



lEC.d. Aoompeteutnumberof Justices of the 

lee shall be elected by the electors in each 

township »rf several countieH. Tiie term ofiiffico 

liall be iiiedby law. 

Sec. 7, All Judges, other than those provided 
)r in the Conatilution, ehall bo elected by the 
lectors of the judicial distiict for which they 
my bo crested, but not for a louEer term of 
ffico thnn three years. 

Skc. B. The Jndges of fhc Supreme Cottrt shall, 
nmodiutoly after the first clcclion under (his 
'onstitulion, be classified by lot, so that one shall 



■cmbly. 



to the of thi'ee 



Sec. Ibt. Every hill which shall have pnaaeil ' jei 



1 of ciich of snid Judges thsll lie fur tlxrei 



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THE KANSAS-NEBRASKA STEUGGLE. 



Sec. 9. In case the office of any Judge ehail 
Ijecome tbcbhI before the eipirntion of the twin 
for which he was sleeted, the vacancy Blmll be 
filled by appuintment by the Governor, unfll a 
eueceesor ehBll be elected and oualiDed ; and 
gucli Eucceeeor ahall be elected Ibr the residue 
of the unexpired term, et the first annunl election 
Ihat occurg more than thirty dn^a ofler Bncb 

Sec. Ifl, lie JudgcB of Iho Snpremo Court 
and of the Court of Common Pleas ahnll, at Etat- 
cd times, receive such componaation as may be 
provided by law, which ahall not he increased 






.._ «hold 

indor the State, 



any other office of pro6t at 
other Ihtm ajudicial office. 

Sec. 11. The General Aaseinbiy may increaeo 
or diminish the number of (he Judges of the 
Supreme Court, the number of the districts of 
Iho CouHe of Common Pteae, the number of 
Jndgns in any district, or eatablisfa other courts, 
whenever two-thirda of the members elected to 
each Houae shall concar therein ; but no such 
diminntian ^U vacate Ibe 

bv the electora thereof, one Clerk of the Court 
jf Common Pleas, who shall bald hia ofRce for the 
term of three years, and uiitil his successor ahall 
be elected and qualified. 
Sec. 13. The lieneral Assembly shall pi 



t of the 



*ourt made uuder 



ing of each quesliou arisme in the record u 
case and the decision of the Court thercoi 

Skc. 15. There shall be elected by the 
of the mate a Clerk and a Keporterfbr tL. ,_ 
preme Court, who ahall bold their offices for 
three years, and whose duties ahall be pre- 
scribed by law. 

Sec. 16. Judges may be removed from office 
by concurrent resololion of both Houses of the 
General Aseembly, if two-thirds of the inembers 
elected to each Uouao concur therein ; but no 
Buch removal shall be made except upon com- 
plaint, the substance of which shall be entered 
upon the journal, nor until the party thereof 
charged shall have had notice tbereof, and an 
opporlnniblo be heard. 

Sec. IT.T'he several Judges of the Supreme 
Court, of the Court of Common Fleas, and of 



any eidnaive right to, or control of, any part of 

"le school funds of this Statu. 
Sec. 3, TheGoneralAssembly may take meas- 
pes for the catablishment of a University, with 

hereafter demand, for the promotion of literature, 

Btmction. 

Sec. 4. Provision may be made by the law 
for the aupport of noi-maJ schools, wjlh suitable 



Section 1. It shall be the duty of the General 
Assembly, at as early ■ date aa possible, to pro- 
vide State Asylums for the benefit treatment 
and inatrnotion of the blind, deaf and dumh,and 

Sic'a. TheGeneralAflsemblvshall make pro- 
vision for the eetablishment of an Asylum for 
idiots, to lie regulated by law. 

Sec. 3. The respective counilea of the State 
shall provide in some euitBble manner for those 
inhabitants who, by reason of age, infirmity or 
other miaforlnne, may have claima upon the 
sympathy and aid of society; nnder provis- 
ions to be made by the laws of the General As- 
sembly. 

Site. 4. The General Assembly shall maka 

Rroviaion fur the establishment of houses of re- 
igeforthecorreclion, reform, and inetruction of 
juvenile oflenderv. 

Skc. 5. It shall be the duly of the Genural As- 
aembty to makeproviaions as soon as possiblo 
for a State General Hospital. 

AHTicLKlX.— PuriMC Debt *no P(iblio 

WOHKS. 

Section 1. No money shall be paid onl of the 
treasury eicepi in pnrauaiice of aa appropriation 

Sec. 2. Tbe credit of the Stale shall never be 
^iven or loaned in aid of any individual associa- 

idilures. the Stati 

, ...bench debts shall never In the BgpB- 

eaFeeioeed 'one hundred thousand dollars, unless 



such other courts as may be created by law. 

notion, at cl 
may be provided by la'.,. 
Sec. 18. The style of nil process shall be " The 
~Knn~iu<'' All ni^>M>iil inns shall ho nitr. 



otherwise, as 



Bhal] respectively h 



ie " Agoit 
to of linn) 

Akticle Vn.— Edvi 

Sectio.'j I. Tlie principal of all funds arising 
&om the sale or other uiaposition of lands or 
other prupoily grafted or iutrusted to Ihia State 
ibr eduoaiioual and rcli^ous purposeSj ehaU for- 
ever bo preserved inviolate and uuduniuislied, 
and the incame arising theix'from abail be f^th- 
fuUy applied to the specific olgeols of the origi- 
nal grants or npwopnationa. 

Sec. S. Tho OenorHl Assembly shall make 
such provision, by taxation or otl ' "^ 

Ehe uicomo uriijmg Irom the siruimi-iiuQt lunu, 
v^ill Bocurc a Ihon.ugh and efficient systtm of 
eoiiunou schools throughout the Stale ; h ut uo 
religiouB or oUicraeetor eeol3 sliallcver hovo 



lio debts, but 



ithorited by n direct vole of the people at c 

sneral election. Every such debt shall be au- 
horiEcd by law, and every such law shall pro- 
Ade for Ihe payment of the annual interest of 
inch debt, and the prindpal within ten years 
rom the passage of such law, and anch appro- 
jriation ahall not be repealed until the principal 
ind intereat shall have been wholly piud. 

Sec. 4. The Legialature may also borrow 
noney to repel invaaion, suppresB insurrection, 
x defend the State in time of war ; but the money 
has raised fhnll be applied exclusively to the 
)l^ect for which the loan was authorized, or re- 
jaymcntofihe debts thereby created. 

Sec. 5. No scrip, eertificflte, or other evidence 
>f State debt whatever, shall be issued, eicept 
" - ■ ■ . g „.g authorized by the third 



and fonrth sectio 






Abticle X.— Militia, 
Section 1. The militia shall consist of all able- 
bodied white mule persons between the agea of 
eighteen aud forty years: escept such as may 
, . iiy ^g jy„y g{ )]jg Unllcd 8^168 Or 



of this dtate, aud sliall be 
icmed, eqnipjied, aud 
nay bo pi-ovided by li 



zod, officered. 



CTlioGovcruoraboll appoint Iho Adju- 
iuarlermaster and Commissary Gene- 



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THE STRUGGLE FOE SLAVERY RESTRICTION. 



«lonod by lie Governor ond shall told their 
offices Dot loiigGr than three years. 

Stc. 4. Tho Generitl Asecmbty shall determine 
Ihemelhodof dlTidini; the militia iQtfl<liTisions, 
brigades, rerimcnts, baltaliona and companies, 
and fix the rank of all officsra. 

Sec. 5. The militia ma; bo diiided into 
classes, in such manner as shall be prescribed 
by law. , 

8ec. 6. No person conEcientioualy opt>oaecl to 
boaring aims j^hall be compelled to do militia 
duly ; but such persoa Khali pay an eqaivalont 
for such eiemption, the amonnt to be prescribed 

Skc. 7. The Erat General AsBembly shall offer 
inducements for the formation, uniforming and 

s' in thi? State. 

ArTICLI XI.— FlKiNCK *HD TiljlTlOK. 

Section I. The General Assembly shall pro- 
vide, by law, for uniform and eaual rate of aa- 
aesBiaent and laiation i and taxes shall helevied 
upon all such property, real and personal, as the 
Genecal Assemijly may, from time to lime, pre- 
Bcribej but all property appropriated aad uaed 
eicluBively for municipal, literary, educational, 
BCienUfio or charitable pnrpoBes, and personal 
property to an amount not eiceediog one hun- 
dred dollars, for each head of a family^ and all 
property appropriated aad used exclusively for 
reliciouspurpoeea to an amount not exceeding 
$20(1,000, may, by general laws, be exempted from 

Sec. % The General Assembly shall provide 
by law fur on annual tax sufficient to defray the 
estimated ordinary expenses of the State for each 



I shall SI 



Sec. 3. Every law in 
distinctly the abject of 
be opplied. 

Sec. 4. Oa the passage, in either House of the 
General Assembly, of any law which imposes, 

or renews an appropriation of publio or trust 

claim or demand of'the State, the question shall 
be taken by Yeas and Nays, whieb shall be dnly 
entered on tlie journal ; and three-fifths of ali the 
members elected to sueli House shall, in all auoh 
caaea, be required to constitute a quorum. 






; XII.— CcnNTY a: 



i luwnehip ufSci 

Sec. % All officers whose election or appoi 
nent ia not provided for by tills Conatitut 
shaJl be elected by the people, or appointed 
the General Assembly may by law dircot. 

Sec. 'i. Provision shall be made by law for 
removaljtbr misconduct or malversation in ofB 
of all officers whose powers and duttea are 
local or IcKislativo, and who shall be elected 
general elections, and also for suppiyiug vac 
ciee creatod by sach remiyal. 

Sec. 4. The Legislature may declare the co 
in which any office shall be deemed v - 






parpoai 



Ahtiole Xin.— Cokpokatioh. 

Sectio.i 1. Tho General Assembly stall no 
create corporations by special att, except fo 
municipal purposes. 

Sec. a. Corporations may be formed undc. 
general laws, but such laws may at any time be 
altered or repealed. 



Article XIV.— Juei 
Section 1. Tbe General Assembly, at its first 

whoae-dnty it shallbe to revise, refonii, simplify 
and abri%o the rules of practice, pleadmgs, 
forms and proceedings of the Courts of Eeoord 
of this State, and to provide, so far as practica- 
ble and expedient, that justice shall be adminis- 
tered by intelligent and uniform proceedings, 
without any dlstmelionbetween law and equity. 

Sec. S. The proceeding uf the Commisaioners 
shall be reported to the general Assembly, and 
be subject to the action of that body. 

Ann CLE XV.— MiscELLAMEOtrs. 

Section 1. Tho first Genera! Assembly shall 
locate the permanent seat of government. 

Sic. a. Eotferies and tho sfle of lottery tickets 
for any purpose whatever, shall forever be pro- 
bibit«d in the State. 

8ic. 3. No person shall be elected or appoint- 
ed to any office in this State unless they possess 
the qualifications of on elector. 

Sec. 4. There may be eetabliehed in tho Secre- 
tary of State's offioeaBi 






cultur 






h regnh 



IS may b< 



bribed by law, and provision shall be made 

ly (he General Assembly for the organizatiDn 
and encoiu'ngoment of State and county Agri- 
cultura! Aesociations. 

Sec. 5. The first General Asaemblv shall pro- 
vide by law for securing to the wife the separate 
property acquired by her before or after cove- 
ture, and the equal right with the husband to the 
custody of their chUdren during their minority ; 
and in case of death, insanity, intemperance, or 
gross impropriety of the hnsband, their exclasiva 
eufllody. 

Abticlk XVI.— Amekdmests to the Co.fSTI- 



imbly. 

Sec. 3. A concurrence of two-thirds of the 
members elected to each House sLaQ bo neces- 
sary, after which such proposed amendments 
ahall be entered upon the joumiJa with the Yeas 
and Nays, and the Secretary of State shall cause 
tho same to be published in at least one news- 
paper in each County in the State where a news- 
paper is published, for at least six months pre- 
cedmg the next election for Senotors and Eep- 
resontativea, when such proposed amendments 
shall be again referred to the Legislature elected 
— . j; jjij publication. If pasf-" ■- - 



such amendments shall be re-pubFished as afore- 
said for at least six mouths prior to the next 
general election, at whioh election suoli proposed 
amendments shall be submitted to the people for 
their approval or rejection, and if the miyority 
of the electors voting at such election shall 
adopt such amendments, the same shall becoD e 
a pari of the Constitution. 

Sec. 3. When more than one amendment is 
submitted at the same lime, iliey shall bo so sub- 
mitted as to enable the electors to vote npwn 
eacb amendment separately. 

Sec. 4. 'So convention fur the foriaatioQ Uk a 
new constitution shall be called, and no amend- 
ment to tho Constitution shall be by the General 
Assembly made, before the year ISG3, normure 



than 01 



in five 



yean 



othciwisc than under a Geiier 



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THE KANSAS-NEBRASKA STRUGGLE. 



15S 



Sec. 2. If the Ooneral Anaembly sball oaact a 
General Banking Law, such Jaw ^ail provide 
for UiB regiatiy and oonntersieuing by the Au- 
ditor of Stnto of Ell paper credit designed to be 
citoolaled as money, with ample collateral ae- 
enrity, readily convertible into epecie for the 
redemption of^tho aamoiii gold or eilver, shall he 
required ; which collateral security shall be 
under the eontcol of the proper officer, or offleere 
-' "■-'- "noh law ehajl restrict the a^regatc 
ill paper credit to be circulated as 
the BgKTegatD omonnt to be put in 

Bball be of 

a denomination than ten dollars. 
Skc. 3. The atockholders in everr bank or 
basking company ahall be individually liable to 
an amount over and above their stock equal to 
their respective shores of stock for all debts and 
liabilities of said bank or banking company. 

Sec. 4. All bills or notes issued aamoney ahall 
be at all times redeemable in gold or silver ; and 
o law ahail be passed sanctioning, directly or 



money, and the agxregat 
under the proviaion of t 



"lETf^H 



bant 01 



t. Holders ofbanknotea shall be entitled, 
n case of insolvency, to preference of specie 
payment over all other creditors. 

Sec 6. No bank shall receive, i^rectty or in- 
directly, a greater rate of interest than sbali be 
allowed bylaw to individuals loanii^ money. 

SEC. 7. Every bank or banking company shall 
be required to cease all banking operations 
within twenty years from the time of its organi- 
zation, and prompliy thereafler to close lis basi- 

&£C. S. The State sball not be a stockholder 
in any bank or banking institution. 

Skc. It. All bunks sliall be required to keep 
offices and popoc officers for tho issue and re- 
demption of their gaper at some acceaaible and 
convenient point witliin the State. 



General Banking Law ahall bo submitted as a 
distinct proposition in the following form: Gen. 
eral Banking Law ; Yes, or No: and if a majority 
of the votes cast shall be in favor of said article, 
then the same shall form a port of fiiis Constitu- 
tion ; otherwise it sball be void and form no part 
thereof. 



In order that 
the organization and establishment ot a State 
Government, and tbat tbe wishes of the people 
may be fiiUy accom^shed, it is declared : 

first .- That no existing itgbta, Buits^jtrosoou- 
tions, claims, and oontraots shall be afiected by 



proclamation of the same ; and in case tbe Con- 
ititution be ratified by the people, the Chairman 
it the Eiecu live Committee shall cause pnblica- 
ion to be mode by proclamation that an eleotioa 
Till bo held on the third Tuesday of January, 
A,D. 1856, for Governor, Ijentenant-Oovemor, 
Secretary of State, Treasurer, Auditor, Judges 
of the Supreme Court, State Printer, Attorney- 
General, Reporter of Uie Supreme Court, Clerk 
of the Sflpreme Court, and Members ol tbo Gene- 
ral Assembly, which s^d election shall be held 

tonducted in the aame manner as is herein- 
provided for ttie election of Members of the 
General Asaembly ; and the Judges herein named 
are bereby required, within ten days after aaid 
election, to seal up and transmit duplicate copies 
of tbe returns of sud election to the Cbturman 
' tbe Exeouliva CommiCt«e. one of which sball 
laid befbre the General Assembly at its first 



,„ s of 

id election to be made to the Chairman of tho 

Eiecutive Committee, who ahall depoait the 
mie in the office of the Secretary of State as 
ion aa he shall enter upon the discharge of the 
ities of his office. 
Fijtk : The General Assembly shall meet on 

tbe fourth day of March, A. n. 185ts at Uie City 

Governor, Lientenant-Govomor, Secretary of 
State, Judge of the Supreme Court, Treasurer, 
Inditor, State Printer, Keporter and Clerk of the 
iupreme Court, and Attorney-General sball ap- 
>ear, take the oath of office, and enter upon the 
lischai^e of the dntiea of thrar respective offices 
mderUiisConstitation,andshBU continue in of- 
fice in the same manner and during the same 
period they would have done bad they been 
electedontiiefirst Monday of August, l.D. IS56. 
[The Constitution then goes on to give the 



mitted to the people ot Kansas for ratification o 
tbe iiib day of December neiL 

Third .■ That each qualified elector shall e: 
preaa bis assent or dissent to tbo Conalitation b 
voting a written or printed ticiiet labeled " Coi 
Btitulion" or " No Constitution," which elootio- 
shall beheld by tiesuuie Judges, and conducted 
under the same regulations and reatrictions as is 
hereinafter provided for the election of Members 
of tiie General Assembly, and Uie Judges tberein 
named shall, within ten days alter said election, 
seal up and transmit to the Chairman of tho Exe- 
cutive Committee of Kansas Territory the re- 
sult of said election, who sball forthwith make 



idariea of the Ei 

which the State is to be divided, to apporti 
id Bepreaentativos, and to a 
places and (he Judges of eli 
the concluding sections :] 






Sec. 7. The three Judges will provide for each 
poll ballot-boxes tor depositing the ballots cast 
by electors; ahall appomt two clerka, oil of whom 
anal! be awom or otSrmed to discharge the du- 
ties of their reapeetive offices impartially and 
with fidelity: and the Judges and Clerka shall 
have power to administer tho oath or affirmation 
to eauh other; and tbe said Judges eliall open 
B^d election at 9 o'clock a. ».. at Uie place desig- 
nated in each precinct, and close the same at 6 
o'clock p. H. In, case any of the officers ap- 
pointed fiul to attend, the officer or officers in at- 
tendance shall supply tbdr places, ani in the 
event of all of them falling tu attend the quali- 
fied voters shall supply their places, and the said 
Judges shall make oiit duplicate returns of aaid 
elecDDu, seal up and transmit tbe same within 
ten days to the Chairman of tbe Eiecative Tom- 
mitlee, one copy of which is to be laid before 
the Geniral Assembly. If at the time of holding 
sMd election it shall bo inconvenient, Irom any 
cause whatever, that would disturb or prevent 
the voters of any clectlon-preoinet in thoTerri- 
tory from the free and peoceable eierciae of the 
elective franchise, tbe officers are hereby au- 
thorized to a^oum said election into any other 
precinct in the Territory, and lo any other day 
they may see proper, of the necessity of which 
tbey shall be the eicluaive judges, at wbicli 



wGoogle 



THE STRUGGLE FOR SLATEEY EESTRICTION. 



tinia »nd placn tho qnalified voters may cast 

S»c. S. Tntii otberwiee provided bj law, I 
Chairman of the E^ecntire Commitee of Kam 
Teiritoiy shall aniiounee hy proclBmnlioii I 
resnit of (he elections and the names of pnrsc 
elected to office. 

8ec. 9. Ma person shall be entitled In a si 
in the first General AsKembly a< ita oi^antzati 
except tbe members whose names ore contain 
In the pnwInmatioD of tbe Chairman of the E 
eatiTe Committee ; but after (lie Genera] j 
sembly Is organized Beats may be contested 
the ostuti <ray. 

8ic. 10. Cerlifiestes at indebtedness mnj be 
Issued by the Teiritorittl Eseoutive Committeo, 
Girall necessary expenseanccming in the fbnna- 
(kin of the State Government, not exceeding 
(9S,t)00; provided no certificates shall be Isfined 
except for legitimiite expenses. All claims sh^ 
,be made 'n writing, and sbnll be numbered and 
kept on file in the Becretary'a offii^e, and all cer- 

!:=„.._ ,.■ -_i_i..._j c_[[ ^ sigQod by the 

^ ereignedby 



tificetos of indt^tedness 

Preaident and Seeretary, anc 

Oie Treasnr.er and nnmbered ^ 

the nurahera of ttw dsim op bill for wlitoh it was 

lEsued, The certificate shall bear ten per cent. 

interest per aDnnm. 

Sec. II. The first Oenerat Assemlilv shall pro. 
»ide by law for the redemption of the certifl- 
calesnf iodebtcdnpBB issaed under the provisions 
of (he foregoing seotioo. 

Sec. K. Until tbe great seal of the Stole of 
Kansas Is aj-ceed Dpon and procured, as proii- 
d«d for in the oleventii section of the fiftli article 
at IBIs ConsQtntioD, the Governor shall use his 
own private seat aa tbfi Seal of State. 

SSO. 13. At tbe election for the ratifioation of 
flits CoBSUbition, and the first election for Slate 
offlcenr, a represeDtaUon in tbe Congreta of Hie 
United Stoles and members of the General As- 
sembly of this State, an actual rcHldcncoin the 
Territory of tbir^days immodiattlj procoding 
■aid election shall be sufficient as a quslifica- 

nircty days for the eandidsles, provided said 
dectlon sad candidates possess all the other 
qnalifications required by the provialonsof this 
CoostitatHHi. 

Sec. 14. The first Legislature shall provide by 
low for the enforcement of the provisions of the 
eth section of the Billot Kigbts on or before the 
4th day of July, ISC7, as to all persons in the 
Territory before the adoptlOD of this Constitu- 



BOBERTKLOTZ, 


W. GRAHAM. 


M. J. PAEROTT, 




M. W. DBLAHAT, 




W. B. ORiri'lTH, 




O.S HILITEK, 




WM. HICKS. 










G.W. SUITII, 








G. 4.' CUTLER, 


J.M. :1E HUB, 


J.K. GOODIN. 


J. L. SAY LB, 




CALEB HAT. 


• THOMAS BELL, 






A. CURT SB. ' 


P.G.'eOHUYLBB. 


A. HUNTINO, 


C. HOBIN.^ON, 


B. KNIGHT. 


M.P- CONWAY. 




J.H. LANE,F»gid«at 



June SOlh.- — Mr. Dongias reported to the 
Senate od several bills submitted by Messrs. 
Clayton, Toombs, and others, for tno paclfi- , 



cation or tlie Kansas troubles, os also de- 
cidedly asuinst Goy. Seward's proposition 
to admit Kansas as a Free State, under her 
Topeka Const! tutioii. Mr. Collamer. being 
tlie minority of the Territorial Committee, 
made a brief and pungent countb. report. 
Mr. Douglas gave notice that he would ask 
for a final vote on the day aft«r the next. 

J«ly ls(. — Bill debated by Messrs. 
Thompson of Ky.. Hale of N. H., Bigler of 
Pa., Adams of Miss., and Crittenden of 
K,. 

July id. — Debate continued through the 
day and following night, the majority re- 
sisting all motions to lu^oarn. Messrs. 
Wade, Pi^h, Biggs, Bigler, Toombs, Clay- 
ton, Crittenden. Bell. Seward, Hale, and 
nearly half the Senate participated. An 
amendment moved by Mr. Adams of Miss., 
the day before, striking out so much of Ihe 
bill as secures the Right of Suffrage, in the 
proposed reorganization of Kansas, to alien 
residents who shall have declared their in- 
tenticm to become citisens, and renounced 
all all^ianoe to foreign governments, was 
adopted : Yeas 22 ; Nays 16, ns follows : 

YEAS— Messrs. Adama and Bronrn of Hiss., 
Bayard and Clayton of Del . Blffss and lieid of 
N. C„ John Doll of Tenn., Brodbead of Penn., 
C. C. Clay and Fiiapatrick of Ala., Collamer 
and Foot of Vti, Crittenden and J. B. Thompson 
of Ky., Fesaenden of Maine, Foster of Conn., 
Oeyer of Mo.. Hunter and Mnson of Va., Iverson 
of 6s.. Mailory and Ynlee of Fla,— 33. 

NAYS-Msssra. Allen of R. I., Bijtlcr of Pa,, 
Buller and Evans of 8. C, Bright of Ind., Cass 
of Mich., Oodee of Wise, DongUs of III., Jones 
of lowo, Pugh of Ohio. Seward of N. Y., Slidell 
of La.. Toomba of Ga., Weller of Cal., Wilson 
of Mass., Wright of N. J.— 16. 

Sometime in the morning of July 3rd, the 
following ajnendment, reduced to shape by 
Mr. Geycr of Mo., was added to the 18th 
section of the bill — only Brown of Miss., 
Fitzpatrick of Ala., and Mason of Va., 
voting against it ; Yeas 40. It provides 

" No law shall be mode or have force oreffeot 
in said Territory [of Kansas] which shall require 
any attestation or oath to support any act of Con- 



any civil office, public trasE, or lor any employ- 

al an election, or which shall impose any tax 
upon, or condition to, the exercise of the right of 
suffrage, by any qualified voter, or which shall 
restrain or prohibit the tree disonswon of any 
law or subject of legislnlion in the said Territory, 
or the free csprosaion of opinion thereon by the 
people of said Territory." 

An amendment proposed by Mr. Clayton, 
to the same eSeot as the above, but ratLer 
more comprehensive in its terms, was super- 
seded by the adoption of the foregoing, by 
a party vote : Yeas 34 ; Nays 11 [l^ree- 
State men]. 

Mr. Truuibull of III. moved the follow- 



iadle 



Sff 



.g the 



.Google 



THE KAXriAS-NEBRASKA STRtJGGLfi. 



(ho Terrilories of NebrRnko Hnd ICftrsns,' not lo 
l^lste slavery into Kanans, tiur to tjclnde it 
thorefrom, but to leave fhe ptoplc thereof per- 
fectly free Ihrouijh tbdr TeiTitoria! Legislatiire 
to regnltttB "•- ■-•!•■■«"" -r .in™-^ ... th.ir 

theUulfti'd' 

IjegialBtuni acts npon me SBDjeci, me owner oi 
■ ^ve in one of the States has no right or bd- 
thorify lo tnfee such slavB into the Territory of 
Kanaae. and there bold him as a elave ; but 
every slave taken to the Territory of Kansas 
By his owner for purposes of aettlement is here- 
by declared lo be free, unless there is some valid 
act of a duly congtituted Lejjialalive Assembly 
of SMd Ten'ilory, under whieli hemay.be held 

The Yeaa and Nays being ordered, the 

Sroposition was voted down — Yeas 9 ; 
'ays 34 — aa follows : 

YEAS— Meaara Dnrkee, FoBSonden, Foot, 
Foater, Hole, Seward, TrambuU, Wado, and 
WilHon— 9. 

NAYS— Messrs. Adams, Allen, Bayard, Bell 
of Tennessee. Beidamin, Biggs, Bigler, Bright, 
Brodhead, Brown, Cass, Clay, Crittenden, 
DodKc Douglaa, Evans, Pilzpalriek, Geyer, 
HaiLter, Iversim, Johnson, Jones of Iowa. Mallo- 
ry, Pratt, Pugh, Keid. Sebastian. Siidell, Thomp- 
son of KcntHCky, Toombs, Touccy, Welier, 
Wright, and Yulce— 34. 

Mr. Trumbull then proposed the follow- 
ing : 

" And be ii farther enacted. That the provi- 
sion in the 'act to organize the Territories o' 
Kebraaka and Kansas,' which declares it to bi, 

legislate davery Into any Territory or State, nor 
to eiciude It therefrom, bnt to leave the people 
thereof Jiei^octly free lo form and regulate Ihfflr 
domestic institntious in Ihoir own way, sulyect 
only to Ihe Constitution of the United States,' 
was intended to, and does, confer upon, or leave 
to, the people of Ihe Territory of Kansas full 

E>wer, at any time, tbrongh its Territorial Legis- 
luro, lo exclude slavery from said Territory or 
to recognize and regulate it therein." 

This, too, (TBB voted down, as follows : 

YEAS— Messrs. Allen, Bell of NewHamp. 
«biiB, Collamer, Durkee, Fessenden, Foot, Foa- 
ter. Hale, Seward, Trumbull, and Wade— II, 

NAYS— Measra. Adsms, Bayard, Benjamin, 
Bigga, Bigler, Bright, Brodhead, Brown, Cass, 
Clay, Crittenden, Dodge, Donglas, Evans, Fili- 
patriok, Geyer, Hunter, Iverson, Jobnaon, Jonea 
of Iowa, Mallory, Mason, Pratt, Pogh, Keid, Se- 
bastian, Slideli, Stuart, Thompaon of Kentucky, 
Toombs, Toucey, Welier, Wright, and Yulee— 

Mr. Trambnll tben proposed the follow- 
ing : 

And be it farther enacted, That all the acts 
andproceedmga of all and every body of men 
heretofore assembled in said Territory of Kan- 
saa, and claiming to be a Legislative Assembly 
thereof, with authority to pass laws for the gov- 
ernment of said Territory, are hereby declared 
to be utterly null and void. And no pWson shall 
bold any office, or eierclae any authority or ju- 
risdiction in said Territory, under or by virtuo 
of any power or authority derived from such 
Iie^lativc Asaemblyi nor shall the members 
thereof eiereiso any power or authority aa such. 

This, too, was voted down, as follows : 
YEAS— Messrs. Bell of New-Hampshire, Col- 



lamer, Durkee, Foaaenden, Foot, Foster, Hale, 
Seward, Triimbnil, Wade, sud Wilson— 11. 

NAYS— Measra, Adams, ,411en, Bayard, BeU 
of Tennessee, Benjamin, B^s, Birfer, Bright, 
Brodhead, Brown, Cass, Clay, (Jrittenden, 



"Skc. — . And /leii farther enacted, That, an- 
til Ihe inhabltania of sud Territory aboil proceed 
to hold a convention to form a State constitu- 
tion according to the proviwous of this act, and 
so long aa aaid TeiTitory remains a Territory, 
Ihe following sections oonlained in chapter one 
hundred and fifty-one, in Ihe volume transmitted 
to the Senate by .the Presideiit of the United 

Siatea,asoonfaimngthelaws ofKansar "- ' 

the same are hereb- -*■-' — ■"■ •■- -" 
and void, V 



* hereby, declared to be utterly null 






This was rejected [as superfluous, or 
covered by a former amendraentj] as fol- 

Y£AS— Messrs. Allen, Bell of NewHamp- 
shire, Clayton, Collomer, Durkee, Fessenden, 
Foot, Foster, Hale, Seward, Trumbull, Wade, 
and Wilson — 13. 

NAYS— Messrs. Bayard, Beiyamin, Biggs, 
Bigler, Bright, Brodhead, Brown, Cass, Clay. 
Dodge, Donglae, Evana, Fitzpalrick, Gever, 
Hunter, Iverson, Johnson, Jonea of Iowa, Ual- 
lory. Mason, Pratt, Pugh, Beid, Sebastian, Sli> 
deli, Stuart, Thompson of Kentucky, Toombs, 
Toueoy, Welier, Wright, and Yulee-3a. 

Mr. Collamer of Vt. proposed the follow* 

And be itfurlher enacted, That until the peo- 
ple of said Territory shall fomn a conaUlntion 
and State government, and be admitted into the 
Union nnder Ihe provisions of this act, there 
shall be neilher slavery nor involuntary servi- 
tude ui sud Territory, otherwise than inpunbh- 
ment of crimes whereof the party shall havo 
been duly convicted i Provided <Ua>ayi, That 
any person escaping into the same, from whotit 
labor or service is fiwfully claimed in any State, 
such fugitive may be lawfully reclmmod and 
conveyed to the person clainung his or her sor- 

Thia was voted down as follows ; 

YEAS— Mesara. Bell of New-Hampshire, Col- 
lamer, Fessenden, Foot, Foster, Hale, Seward, 
Trumbnll, Wade, and Wilson— 10. 

NAYS— Meaara. Bayard, BeU of Tenneaaee, 
Benjamin, Bigga, Bigler. Bright, Brodhead, 
Brown, Cass, Cray. Clayton, Crittenden, Dodge, 
Donglaa, Evans, Filapatrick, Geyer, Hunter. 
' ' Jones of iowa. Mallor;- "- 



>D. Pratt, Pugh, Reid, SebasUan, Slideli. 
iompauB of Kentncky, To 
r, Wright, and Yulce— a5. 



Touccy, Wei 



.Google 



t58 



THE STRUGGLE FOR SLAVERY RESTRICTION. 



. Mr. Wilson of Mass. moTed that the 
whole bill be stricken out and another in- 
Bert«[ instead, repealing all the Territorial 
laws of Kansas. 

Eejeeted : Yeas 8, (Bel! of N. H., Oolla- 
mer, Durkoe, Fcssenden, Foster, Seward, 
Wade and Wilson ;) Nays 35. 

Mr. Seward moved to strike out the whole 
bill, and insert instead one admitting Kan- 
sas as a Free State, nnder the Topeka Con- 
stitution : Defeated— Yeas 11 ; Nays Se- 
as follows : 

YEAS— Meseni. Ball of New XlampBliireiCol- 
iamer, Durkeo, FossendoD, Foot, Foater, Hale, 
Sewerd, Trnmbnll, Wade, and Wilaoii— 11. 

NAYS— MoBBre. Allen, Bajard, Bell of Ten- 
nesiice, Beiuamin, Biggs, Biglor, BrigbC, Brod- 
hond, Brawn, Casa, Clay, Clajton, Critlonden, 
Dodge, Douglaa, Erona, Fitzpatrick, Oever, 
HuQter, Iverson, Johaaon, Jonta of Iowa, Mal- 
loiy, Maaon, Pratt, Pugh, Iteid, Sebastian, Sli- 
dell, Stuart, Thompson of Kentacky, Toombe, 
Toacey, Weller, Wright, and Yulee— 36, 

The bill was now reported as amended, 
and the amendment made in Committee of 
the Whole concurred in. The bill was 
then (8 a. m.) ordered to be engrossed and 
read a third time ; and, on the question of 
its final passB^, the vote stood — Yeas 33 ; 
Nays 12— as loUows : 

YEAS-Messra. Allen, Bayard, Bull of Ton- 
neeice, Benjamin, BigEB, Biglor, Bright, Brod- 
head. Brawn, Caas, Clay, Crittenden, Douglas, 
Evans, Fitapotrick, Gejer, Hnnler, Iveison, 
Johnson, Jonea of Iowa, Mallory, Pratt, Pugh, 
Reid, Sebastian, Slidell, Stuart, Thompaon of 
Kentucky, Toombs, Toucev, W^er, Wrigbt, 
and Yulee— S3. 

NAYS— ilcssra. Bell of New-HampBhirc, Col- 
lamer, Dodge, Durkeo, Feaaendeu, Foot, Foa- 
ter, Male, Seward, TrumbuU, Wade, and Wilaon 
—13. 

The bill was then sent to the House in 
the following shape : 

AN ACT 



Sec, % Aad be it further enacted. That it e 
bo Ihe duty of said commiasioncrs, under s 
regulations aa the Seoretary of the Interior r 



late and House of Sep- 
. _ ... Slates of America <" 

1 asKmiled, That, for ttie purpose 
maKuis an enumerstion of the inhabitanta, 
thorizad to vote under the proviuoua of this aui, 
an apportioumont and an oJoction of members of 
a cuuvcntion to tbrm a State conatitntloD Ibr 
Kansas, as hereinafter provided, five eompetcnt 
pcreona ehnll be appointed by tho President, by 
and with (he adnce and coasent of tho Senalu. 
to bo commiBHonera, a m^'orityof whom shall 
CDnBtitute a quorum for the purpoae of catryiug 
into effect the provisions of this act, each of 
whom, before entering utwu the duties of hia 
office, shall take and subscribe an oath or affirms' 
tion that he will support tlte Constitulion of the 
United Slates, and Mthfnlly and impartially 

by this act, uooordmg to the beat of hia skill i 
Judgment, which oath or affirmation shall be 



court of tho United Stutea, 
in the office of the Secreli 
Kansaa. 



uty in the said Territory on the fourth day o( 
July, eighteen hundred and fifty-aij:, and make 
„.. It ^ :.....: .1 .u -'■ Auguetnext, 



of Ihe 1 






to Ihe secretary of the 

JOS, and which shall alsoesbibit 

of all snch legal v 



the ni .... „_ .... 

such manner aa shell be prescribed by Ihe 
lationsof Ihe Seoretoty of the interior. 

Sec. 3, AHdieilfuriker enoefed, That it si 
be the duty af tho Secretary of tho Interior, 
mediaiely after tho passage of tli' ' ^ " " 



making 



;ulationa aud 



'£eenm 



..... . pre- 

„ __ observed in 

a aforesaid, and to furnish 
tary blunka to each of the 
- may be after their ap. 



ties herein impos 



the 



.... jfKan- 



imposed upon them, ai 
point a secretary to the board and such other 
persons as ahall be neceaaary to aid and assist 
Ihem in taking the enumeration lierein provided 
for, who muat also be duly sworn faithfully, im- 
partially, and truly to discharge the dntiea as- 
signed them by the commisaionors. 

Sec. 4. And6e it farter e<iacted,Tkat said 
board of commiBsioners ahall, eo soon as said 
ceneus shall bo completed and retwrna made, 
proceed to make an apportionment of the mem- 
bers for a convention, among tho different coun- 
ties in said Tei-ritory, in Ihe following manner: 
The whole number of legal voters shall be diyld- 
od by fifty-two, and Ihe product of aueh division, 
r^eoling any fraction of a unit, shall be the ratio 
or rule of apportionment of members among the 
several counties ; aud if any county aliall not 
" legal voters, thuB ascertained, 
I, it shall be "" — ' — ' *" ■""" 

^ .,.,^ , Biid thus for. 

district, the number of said voters in each coun- 
ty or diBtriet shall then be divided by the ratio, 
andlbeprodiiotsballbethenumlwrofrepreBcnla- 
tivKB apportioned to snch county or diatricl! 
Provided, That tlie Iobb in the number of mom- 
bora caused by the fractions remaining in Ihe 
several conntiea, in Iho division of the legal 
voters thereof, shall be compensated by assign- 
ing to so many counties as have the largest 
fractions an additional member for its tntetion, 
aa may be necessary to moke Ihe whole number 
of reprCBOatatives fiifty-two. 

Sec. S, And be U furtier enacted. That the 
Biud board, immediately after the apportionment 
of the members of said convention, shall cause 
a sofflcient number of copies thereof and of Ihe 
returns of the eensua (apocifying the name of 
each legal voter in each county or diatricl) to bo 
published and distributed among the inhabitants 
of the several counties, and ahall transmit one 
copy of Ihe said apportionment and cenaus, duly 
attlhenticatod by Ihem, to each clerk of a court 
of record withiu the Territory, who shall file the 
same, and keep open lo Iha mspeetion of every 
inhabitant who shall desire lo examine it, and 
shall also cause other copies lo be posted up in 
at least three of Ihe most publio p&ces in each 
voting precinct, lo the endTthat every inhabitant 
may inspect Ihe same, and apply to tho board '- 



hereinafter provided. 



i (bereii 



'farther 



.Google 



THE KANSAS-NEBRASKA STRUGGLE. 



next, at auch places aa aball be moat canvenk-at 
to Ihe iiihabilants o! anid Territory, and sball 

Eroceed to tUu hispection of aaid rctuma, and 
ew, correct, nod finaily doterniine according to 
tbe fiicla, witJiout unreoaonablo delay, under 
proper r^nlationa to bo inade by the boai'd, for 



ftndany .... 

fidelity of said _ „,, „— r-- 

Bmd boai'd and oacb member thereof sball 
power to ndminieter oatha and examine 
nesses, and compel tbeir attendance in such 
manner aa said board aboU deem ncceasary^ 

Sec. 7. A«d be it furUur enacted, Tbat as 
Koon as the said liata of legai votora shall thns 
have been revised and corrected, it ahall be the 
duly of said board to cause eopiea thereof to be 

einled nud diatributed generally among tho in 
bitanta of the proposed State, and one copy 
sball bo depoBitedwitli tbe clerk of each court ol 
reeord witbm the limits of the proposed State, 
and one copy delivered to each judRO of the 
election, and at least three cop ies abull bo posted 
up at eucb place of voting. 

Sec. 8. Aad be it further eaaeted, Tbat an 
ejoetion shall be held for membere of a conven- 
lo form a, oonetitntion for tho State of Kan- 



Monday in November, eighteen hundred 
fifty-six, to be held at sueh places and to be con 
dncfed in such manner, both as to persona who 
shall Bupeiiutend sacb election and the refurne 
thereof aa the board of commissionora shall ap- 
point and direct, except in caeos by this act 
otherwise provided; and at such election no per- 
son shall be permitted to vole untaaa Lis name 
shall appear on said corrected lisle. 

Sec. a. And he it farther enacted. That the 
board of commissionevH ahali have power, and it 
■hall be their daty. to make all needful rulea and 
regolationa for the conduct of tho said electio 
Had the returns thereof. They shall appoii 
three soiiable persona to be jodgCB of the eiei 
tion at each place of voting, and prescribe fli 
mode of supplying vacancies. Theysboll eaus 
copies of the rules and regulations, with a nolle 
of the jilacea of holding oleelions and the nnme. 
of thojudgcs, to be pobliabed and distributed in 
evciy election-district or precinct ten days be- 
fore the day of election, andshall transmit a copy 
thereof to the clerk of eadi court of record, and 
one copy to each judge of election, 

Skc. IO. And be U further enaeted, 1 
jndgee of election shall each, before ente 
tho discharge of his duties, make oath oraffinna- 
tion that be will faithfully and impartially dis- 
charge the duties ofjudge of the election accord- 
ing to law, which oath rnay ho admmialered hy 
any officer anlhoriBed by law to administer 
oaths. Theclerks of election shall be appointed 
by the judges, and shall lake the like oath or 
ajfirmalion, lo bo administered by one of the 
judges or by any of Iho officers aforesaid, Dnpli- 
oate rolums of election shall be made and cerli- 
flodbylho judges Budclcrfca, one of which shall 
be d«iositod in tbe office of tbe clerk of the Cri- 
banaftranisacting county business tor the county 
in which the election is held, and the other shall 
be tranamitted to the board of commiaaioners, 
whose duty it shall be to decide, under proper 
regnlationa to be made by themselves, who are 
entitled to certificatfia of election, and to iaaue 
such certificates accordingly, to the persona who, 
npon examination of he returns and of auch 
prooia aa shall be adduced in case of a contest, 
ahall appear to have bee" duly elected in each 
county or diilriot: Provided, In case of a tie or 



to Washington, and report their prooeedinga to 
the Secretary of the Interior, whcrenpon said 
commission shall (-ease and determine. 

Sec. 11, Aad be it farther eaacled. That 
every white male oltiieii of the United Slates 
over twenty-one years of age, who may be a 
ioHa/deiababitantofsaidTemtoryonthetburth 
day of July, eighteen hundred and fifty-six, and 
who shall have resided three months next before 
said election in tbe county in which be oflTers to 
vote, and no other persona whatever shall bo en- 
titled to vote at said election, and any peiaon 
qualified as a voter may be a delegate to 8Md 
convention, and no others ; and all persona who 
shall posaees the other qualifioatioos for voters 
under this act, and who shall have been bima 
jfide inhabitants of said Territory at any time since 
its organization, and who shall have abaented 
themselves therefrom in conseqnence of the dis- 
turbances therein, and who shall return Iwfote the 
first day of October next and become bona tide 
mbabitants of the Territory with tbe intent of 
making it their permanent home, and shall pre- 
sent satisfactery evidence of these facta to the 
board of commissioners, shall be entitled to vot« 
at said election, and to have their names placed 
on siud corrected list of voters for that purpose 
and to avoid all conflict in the complete eieea- 
tion of Ibis act, all other elections in said Terri- 
tory are hereby postponed until auch time as said 



by them to assiat in taking tL_ , „ 

have power to administer oatha and examine 
peraons on oath in all cases where it shall be 
neeessaty to the full and faithful pcrfbi'm 
oftbeirdntir---'--'-'- --' --■ -^ 






: act ; and the t 






the Secretary of^the Interior ; and when 
commieaioners shall have ooinpleted tho 
eaa of their appomtment, the books and 
■a of tho board shall bo deposited in the 

of the Secretary of the Territory and there 

kept aa records of his office. 

Sec, 13. Andbeit further enacted. That if 
any pei'son by menaces, threats, or force, or by 
any other nniawfnl meana, shaU diroeUy or iu- 
dn'oetly attempt to inflaenoeany qualified voter 
in giving his vole, or deter him from goine to 
the polls, or diatnrb or hinder him in the freo 
exerciae of his right of suffrage at said election, 
the peraon so ofi'ending shall be adi udged guilty 
of a misdemeanor, and punished by fine of not 
leas than two hundred and fifty dollars, nor ex- 



^ five hundred dollars , ._ 
itol notleas than three months,: 
year, or by both. 



byii 



Sec. 14. And be it further enacted, Tbat every 



.... shall vote at any 
election within the said TeiTitory, knowing that 
*"" ■ ' entitled to vote, and every person who 
DiiiLii.aL the same eleotion, vote more than once, 
whether at iiio same or ad4fferentplaoe,BhaJI be 
Kjjndged guilty of a misdemeanor, and be punish- 
ed by fine of not loss than one hundred dollars, 
nor exceeding two hundred and fifty dollars, or 
hy imprisonment not less than three months, nor 
ovj-eeSing six months, or both. 

EC. lo. And be it further enacted, That any 

son whatsoever who may be charged with 

..ding the election herein authorijed,wiio shall 

willfully and knowingly commit any fraud or ir- 

-^gulm-ilywhattvei'jWith the intent iUohiader, or 



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THE STBCGGLE FOR SLAVERY EESTRICTION. 



lire vent, or defpat a fair ciproaBion • 
lex will in the Biijd election, shnll bi 
misdemennor, and punithed by fine i 



>u of the court 

And be it fttTtheT tnnctM, That Ihe 
las ejected shni) sHemble in cnnveti- 
capitol of enid Teirilory on tho flrtit 



the whuie numbi^c 
it be 01 " 









id State government; andif doom- 
ed eipcdieiil, ah all proceed to farm ttc6netitution 
and State govcrument, vrhich Bhall be rvpublioan 
In itaYonn, for admissiOD into tho Unicm on an 
equij footing with the original States in all 
rcapeota whatever, by tho name of the Stale of 
Eanaaa, with the following boundariea, ia wit i 
beginning on the western bonndar; of (he Slate 
of HiHsouri, where the thirlysovonth parallel of 
north latitude croaaea the snme, then wcat on 
said parallel to (he one bondred and third meri- 
dian of lon|Htnde, then north on a^d meridian 
to the furtietb par*IIel of latitude, then eaat 
on said parallel of latitude lo the western boand- 
Bty of the Stale of Missouri, then aoutliward 
with aaid boundary to the beginning! and 
until the neit congreeiional apportionment the 
said State ehall have one reproecntstire in the 
Home of Bepresentativoa of the United Statoa. 
Sec. 17. And be U farther r.itaeted, That aaid 

tion^ ten dollara por day durine their attendance 

on the day they depart tVom home, and their 
actual eipenaea, and a^d secretary of the hoard 
the sum of eight dollars per day, computed in 
like m.inncr, and hia expenses, and the aaid 



such reaaonableoom pen: 
deem just and equitable. 

Sec. 18. And be tt further enacted. Thai in 
•rsmiich as Iho Constilution of *^' ^''-'•'•^ O'"*-^ 
nd Uie organic net of aaidTer 

.» the inhabitants llioreof t 

rights of which Ihey cannot be deprived 1: 
legiaiative enaotnient, therefore no rel 
teat shnll ever be required as a qualiflcat 
any office or public trust; no law aholl bo i 
force or enforced in aaid Territof j 
retablishmentof r 



la Ihe board shall 



trritory reapeeting on 
IT pn^ibiting the free 



lO redrees of griovanoea ; the iigbt of the people 
v> be secure in theirperaoas, houses, papers, 'and 
ef^ots against unreaacmsble searchea and seiK- 
nrea shall not be violated ; and no warrant 
shall isBno but upon probable cauae, supported 
by oalh or affirmation, and parlicularly describ- 
ing the place to be acarched, and tho perann or 
thmga to be seized ; nor shall tho rights of the 
people to keep and boar arms be infringed. No 
person shall be held to answer for a cR[^tal or 
olberwise infomons trime, unless an a present- 
ment or indictment of a grand jury; nor shall 
unjr peiBon be aul^ct fbr the aaine offense to he 
twice pat in jeopardy of life or limb; nor aholl he 
compelled in any orhninal coso to bo a witneaa 
Bgainat himself, nor bo deprived of life, liberty, 
or properly without due process of law; nor shall 
private property be taken for public uae with- 

and public Irii 

wherein the i _ 

wbicb district shall liave been previously a 
certuned by lair, fnd lo be iutonned of tl 



nature and cause of Ihe Bceuaation ; to he Con- 
fronted with the wi'nesaea agaiuat him : to have 
compulsory process of obtaining wltneasoa in his 
favor, ond to have the aaaistance of counsel foi 
his defense. The privilege of babooH corpaa aholl 
not be su^)end©d, unless when in case of rebel- 
lion or invasion, the public saffety may require 
it. Jn anils at eomnion law, where the value in 
controvorsj' shall eiceed twenty dollars, lbs 
right of trial by jury shall be preserved, and 
no fact tried by jury shall be otherwise re-ex- 
amined in any court of the United Stales than ac- 
cording to the rules of the common taw, Eiocs- 
alve bad shall not he required, nor excessive Hoes 
imposed, nor cruel and unnauol punishments 
inflicted. No law shall bo mode or have force 
or effect in aaid Territory which slrnll require a 
teat oath or oath to support any acl of Congress or 

"-i or^pubh< 
ofessron,oi 



vil office or pubha li 



iploy- 



h shall impoao 



suffrage by any qualified v 



ighlof 
er,or which shall 

, _. discussion of any 

law or subject of legislution in tho aaid Territory, 
or the free cipreaaioo of opinion thereon by the 
people of aaid Terrilory. 

StC. la. And be it further exacted, That the 
following propositions be, and the s;ime are 
hereby, offered to the said convention of the 
people of Kansas for their free accepUnce or 
rejection, whidi, if accepted by the coavantion, 
shall be obtigatorj on tlie Uuited States anil 



as CO 


ea 


1, otne 


may le 


nivaieni in 
shall be g 


anted in 


anidS 


ale 


for the 


aeeofschool,!. 




See. 


ad 


That 


eventy-1 




of land 


aball be s 


t apart 


and reserved fbr the use and 


suppo 




a Sta unive« 


ly, to be ae 


ectedhy 


IhcG 




nor of said Stale, s 


iuecttothe 


7S£, 


of Ihe 


Co 


OenersI La 


andt 


be 


approp 


oted and 


applied in a 
aid State 








e legisl 




may pre- 


scribe 


for the purpose afore 


said, but fo 


uo other 


'•ff 


Vd 


Thot te 


a entire a 


ecliona of la 


nd, to he 



selected by the governor of said State, in legal 
subili visions, ahdl be granted lo said State for 



pnrpose of completing thepablio buildiuj 
ur lor tho erection of others at Ihe seat of gov- 
ernment, under the direction of the legislators 
thereof. 

Fourth. That all Bait i 
State, not exceeding twelve 



ings within said 
number, with six 



mn^ be to each, shall ue grauiuu lo kiiu oinm 
for its use ; the some lo be scleoted by Ihe kov- 
emor thereof within one year nfter the admis- 
sion of said State, and, when so selected, to be 
used or disposed of on such terms, conditions, 
and regulations as the legislature shall direct 
FrDvided, That no salt spring or land, the right 
whereof la now vested In any individual or iiidi- 
viduald, or which may be hereafter conilrmed 
or adjudged to any individual or indlvidnala, 
shall by tnia article ne granted io said State. 
F:fth. That Ave per centum of Ihe net pro- 
sit, of sales of alt public lands lying within 



neiiiieung all tlie expenses incident to Iho aame, 
shall be paid lo suid Stote, for the purpose of 
making public roads and in " 



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THE KANSAS-NEBRASKA STEUGGLB. 



IGl 



Jtate Bball pt 

irrevoeable without Uie consent of the United 
Stafea, that eaid Stnto ehnil never intfrfcrB with 
the primary dispoaal of the eoil within tha snnie, 
by the United States, or with any regulatione 
Congreaa may find necessary for Bocurli^ the 
title in said soil to bonajide pnrchasera thereof, 
and tliet no tax shall be impoeed on lauds be- 
'rfnieing to the United States, and that in no case 
BhsU non-resident proprietora be taied higher 
than residents. 

Sec. 20. And be U further exacted. That the 
President be, and is hereby, anthoriied and 
empowered, npon application of the said board 
of commiaaoners.to employ such military force, 

necessBxy to iecnre the fai^Ail eiecation of the 
provisions of this aoL 
Passed the Senate, July 2, 1856. 

Afteats AsBUHT DiciijMS, 

The bill was never acted on in the. House, 
tut lay on the Speaker's table, natouched, 
when the session terminated by adjournment, 
Monday, Aug. 18th. 

Jid>i 8iA.— In Senate, Mr. Douglas re- 
porlei back from the Committee on Terri- 
tories the House bill to admit Kansas as a 
State, with an amendment striking' out all 
after the enaotiug clause, and inserting ic 
stead the Senate bill (No. 356) jiist given. 

Mr. Hale of N. H. moved to amend this 
subslitnte by providing that all who migrate 
to the Territory prior to July 4th, 1857, 
shall be entitled to a vote in determining 
the character of the institutions of Kansas 
Lost ; Yeas 13 ; Naye 32. 

Mr. Trumbull, of III. moved that al 
the Territorial laws of Kansas be repealed 
and tbe Territorial officers dismissed : Re- 
jected; Yeas 12; Nays 33. 

Mr. CoUamer of Vt. proposed an amend- 
ment, prohibiting Slavery in all that por- 
tion of the Louisiana purchase north of 
36= 30' not included in the Territory of 
Kansas: Rejected— Teas 12 ; Nays 30— a " 
follows ; 

YEAS — Messrs. Boll of S. H., Collamei 
Dodge, PoBPfindeii, Fiah, Foot, Foster, Hall 
Hamlin, Seword, TrnmbuU and Wnde. 

NAYS— Measra. Adama, Bayard, Boijamii 
Biggs, Bright, Brodheod, Boiler, Caaa, Claj 
Clltlenden,T)oui'lafl, Fitipatrick, Geyer, Huntei 
Ivereon, Johnson, Jones of Iowa, Jonns of Tenn 
Mnllory, Mason, Pcarce, Pueh, Rcid, Sebastiai , 
SUdell, Stnart, Thompson of Ky., Toombs, Wel- 
er *nd Yulee. 

The substitute reported by Mr. Dougla 
was then agreed to : Teas 32 ; Nays 13- 
luid the bill in this shape passed. 

[This amendment was not concnrred i 
nor ever acted on by the House.] 

Jviy 29(A.— Mr. Dunn of Ind. called np 
a bill " To reorganize the Territory of Kan- 
sas and for other purposes," which he had 
originally (July 7th) proposed as a substi- 
tute for Senate bill (No. 356) aforesmd. 
Its length, and the substantial identity of 



many of its provisions with those of othM 
bills organizing Territories contained in 
this volume, dissuade us from quoting it 
It provides for a legislative eleo- 
the first Tuesday, in Novembernext; 
and section 7 proceeds : 

But it shall not be competent for said Legiela- 
ce Assembly to pass any ex post facto law, or 
w unpiuring the validity of contracts ; nor any 
w in abridgment of the freedom of speech or 
of the press, or to deprive any one of the right of - 
• !-■ by jnry, or of the writ of habeas cin-pui; 
nylairre<iairiDg any property q^ualificatioDj 
ligious teet, for the ri^t to vole, hold oflic*. 

. _ atice; neitherrfiall anypereon, to ie enti- 
tled to any of aaid priviloges, be required to take 
an oath or affirmation to support any law other 
than tbe Constitntiou of the United States. 
Nor shall cruel or nnUBual punishmenta be at- 
loired. nor reasonable bail bo refuaed to any 
person accused of any crimo except treason nnd 
murder, nor in the latter case unites the proof is 
evident or the presumption greai 

San. 15. And be it further eaacied, That all 
uits, proeeBses, and proceedings, ciiil nod 
' oat, at law nnd in chancery, and all in- 



dictmi 

ing and undetermined in the oourla of the Terri- 
tory of Kansas or of New-Mxeico, when this act 
shall take effect, shall remoin in said courtB 
where pending, to be heard, tried, prosecotediand 
determined in sach courts as tbongh this act had 
not been paased: Provided, Hcverlhelcss. That 

the courts of the Territory of Kansas imputing to 
any person or persons the crime of treason 
against (he Dnited StBlea,and alt criminal prose- 
cudons, by information or indictment, agaiiisl 
any person or persona for any alleged violation 
or disregard whatever of what are uBually knowb 
aa thelawsof IheLegisIatureof Kansas, thai) bt 
forthwith dismissed by the courts where such 
proaeoutiona may be pending, awd every person 
who may be reatkinea of his liberty by reason of 
Htad prosecntions, aboil be released thereirom 
without delay. Nor ahall there herealler be ineti 

courts'o?'the"unrted 'stales, or of aaid Terrilory, 

chai^ of treason in said Territory prior to the 
passage of this act, or any violation ordiaregaid 
of said LegialativB enactments at any time. 

Sec, la And be it further enacted. That all 
justices of the peace, constables, sheriffs, and alt 
other jadicial and ministerial officers wbn shall 
be in office within the limits of said Territory, 
when this act shall take effect, shall be, and they 
are hereby, authorized and required to continut 
to eicreiae and perforin the duties of their re- 
apective offices as officers of the Territory of 
Kansna, temporarily, and until they, or otheri, 
sliaU he dnly appointed and qualified to fiUtheli 
places, in the manner herdn directed, or until 
their offices ahall be abolished. 

See. 23 granta to every actual settler a i^ht 
of preemption to the quarter-section of publle 
land improvedand occupied by him in said Ter- 
ritory of KanCU, prior to Jan. 1st, !85H. 



Bee. 34. And be it further enacted, That so 
mucb of the fourteenth section, and also so mudi 
of tbe thirty-second section, of <he act pasaed al 
the first session of the thirty-tbird Uongresn, 



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