1

Read and Reflect!

1. Let every lover of his country remember that during the present Congress, as will be shown by the following official records, the Republican (Fremont) party have voted to violate the most solemn treaties of the United. States with the Indians.

2. That they have voted to violate the compact with Texas, by which the United States purchased all that part of Texas north of 36° 30 and included it in New Mexico, with the guarantee "that when admitted as a State the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission."

3. That they have, by their votes, repudiated the compromise measures of 1850, which contained the same guarantee in respect to the Territories of New Mexico and Utah, and to the support of which every Whig and every Democrat stood pledged by the platforms of the two great parties in 1852.

4. That they have voted to legalize and establish hereditary slavery in the whole of Kansas, and to introduce and establish slavery in a part of New Mexico, and to declare that children who shall be hereafter born to be slaves for life and their posterity after them, in violation of the great principles of self-government and State equality, which should leave the people of each State and Territory "perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States."

6. That they have voted for a bill which recognizes the validity and binding force of all the laws enacted by the territorial legislature of Kansas at Shawnee Mission, and which, in their speeches, they have pretended to be illegal and void, inhuman and barbarous.

7. That they have voted in the same bill that all those. Kansas enactments shall be enforced and carried into faithful execution, except the criminal code, which provides for the punishment of murder, robbery, larceny, arson, and other crimes punishable by the criminal codes of all civilized countries.

8. That they have voted to grant to all persons guilty of these crimes a general pardon for the past, and a full license to prosecute their bloody deeds' with legalized impunity in the future, at the same time that they pretend that these crimes have all been perpetrated by organized bands of armed pro-slavery men and border ruffians upon unoffending and peaceable free State men.

9. That they provided in the same bill, in effect, that no person shall even be punished in Kansas for illegal voting, for violence at the polls, or for fraud in conducting the election, by declaring that the ONLY LAW which provides punishment for these offences shall never be enforced, while they pretend that large bodies of armed Missourians are in the habit of invading the Territory, seizing possession of the polls, driving away the lawful voters, and forcing a legislature upon the people contrary to their wishes.

5. That, while legalizing slavery in Kansas until 1858, which is probably beyond the period when it would become a State of the Union, they have voted to prohibit slavery therein forever from and

2

after that period, regardless of the wishes and in violation of the constitutional rights of the people to decide that question for themselves.

10. That they have refused to pass a bill which had been twice passed by the Senate, to declare inoperative and void all laws and enactments in Kansas in violation of the freedom of speech or of the press, or any other great principle of liberty and justice intended, to be secured and protected by the Constitution of the United States and the organic act, at the same time that they advise their party in the Territory to resist the constituted authorities and raise the standard of rebellion against the territorial government established by, Congress, and assign as their, only excuse the existence of these same obnoxious laws, which they refuse to concur with the Senate in anulling.

11. That they have voted amendments on the general appropriation bills for the payment of the civil expenses of the government, intended to destroy the independence of the judiciary, and corrupt the judges, by making the payment of their salaries depend upon the particular way in which they should decide certain cases pending in their courts.

12. That they have voted amendments on the army appropriation bill, providing that the officers and soldiers of the army should not receive the pay, provisions, and clothing necessary for their subsistence, and to which they are entitled by law, when employed in aid of the enforcement of the enactments of the Kansas legislature, which they have, recognized as valid and required to, be enforcer by the bill for which they all voted.

13. That they have, by their votes, instructed the President of the United States to proclaim martial law in the Territory of Kansas and on the national highways leading to it, and to protect persons and property with the bayonet and the sword, making his own will the law of the land for that purpose, at the same time that they say in their speeches and newspapers that the President has shown himself a traitor to all the free States, and forfeited the confidence of the whole country.

14. Let it be remembered and proclaimed everywhere, that each, of the above statements and specifications are established by the journals and archives of the two Houses of Congress, and are conclusively proven by the following official records, the truth of which no honest man will deny.

15. Let it also be remembered that when they discovered that these obnoxious and unconstitutional amendments to the appropriation bills must necessarily result in the defeat of those bills, and thus stop the wheels of government, (although they insisted their amendments to both bills were alike essential to the cause of freedom in Kansas,) they immediately took the back track, abandoned their amendments, and allowed the civil bill to become a law, which contained the appropriation for their own pay and the pay of all civil officers and employees who had votes to give at the ensuing elections, but at the same time insisted upon their amendments to the army bill, and thus defeated the pay of the officers and soldiers who had no votes to give.

Let these things be remembered, and read the following official records in proof of the facts stated:

3

IN THE SENATE OF THE UNITED STATES AUGUST 11,1856
Mr. Douglas made the following

REPORT.

[To accompany bill H. R. 75.]

The committee on Territories, to whom was referred a bill from the House, of Representatives, for "An act to reorganise the Territory of Kansas, and feather purposes," beg leave to report:

The first section of the bill provides, "That all that part of the Territory of the United States which lies between the parallels of thirty-six degrees and thirty minutes and forty degrees of north latitude, and which is east of the eastern boundary of the Territory of Utah to the southeast corner thereof, and east of a line thence due south to the said parallel of thirty-six degrees thirty minutes north latitude, and is bounded on the east by the western, boundary of the State of Missouri, shall constitute one Territory, and shall be, and hereby is, constituted and organized into a temporary government, by the name of the Territory of Kansas."

By reference to the map it will be perceived that, in addition to all the country embraced within the limits of the present Territory of Kansas, it is proposed to include in the new Territory all the country between the southern boundary of the Territory, as now defined by law, and the parallel of 36° 30', extending from the western boundary of the State of Missouri across more than twelve and a half degrees of longitude, and being about thirty-five miles in width at the eastern; and one hundred and five at the western extremity. The eastern portion of this strip of country, which it is now proposed to incorporate within, and render subject to the jurisdiction of, the Territory of Kansas, was ceded with other territory to the Cherokee Indians, by the treaties of the 6th of May, 1828, April 12th, 1833, and May 23, 1836, for " a permanent home, and which shall, under the most solemn guarantee of the United States, be and remain theirs forever — A HOME THAT SHALL NEVER, IN ALL FUTURE TIME, BE EMBARRASSED BY HAVING EXTENDED AROUND IT THE LINES, OR PLACED OVER IT THE JURISDICTION OF A TERRITORY OR STATE, nor be pressed upon by the extension in any way of any of the limits of any existing Territory or State."

In view of this "most solemn guaranty of the United States" to the Cherokees, your committee cannot refrain from the expression of the hope and belief that the House of Representatives, in passing a bill to extend around this Indian country the lines of Kansas, and render it subject to the jurisdiction of that Territory, acted without due consideration, and probably without a full knowledge of these treaty stipulations. When the organic act of Kansas was passed in 1854, the parallel of thirty-seven was fixed upon as the southern boundary of the Territory instead of the line of thirty-six degrees and thirty minutes, with the view to the preservation of faith on the part of the United States towards these Indians; and lest injustice might be done to other Indian tribes who held their lands under treaties with the United States, it was expressly provided, " That nothing in this act contained shall be construed to impair the rights of persons or property now pertaining to the Indians in said Territory, so long

4

as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Kansas." In these considerations your committee find insuperable objections to that; portion of the bill from the House of Representatives which proposes to include within the limits, and render subject to the jurisdiction of the Territory of Kansas, any part of the country which is thus secured to the Indians by solemn treaty stipulations.

Nor are the objections less formidable to incorporating within the limits of Kansas that portion of the Territory of New Mexico which lies north of the line of 36 30', and east of the Rio Grande, and subjecting it to the operation of the other provisions of the bill. That part of New Mexico, containing about 15,000 square miles, was purchased from Texas by one of the acts known as the compromise measures of 1850, and formed a part of the territory for which the United States paid the State of Texas ten millions of dollars. The second section of the act of Congress which contains the terms and conditions of the compact between the United States and Texas for the purchase of that Territory, incorporates the same in the Territory of New Mexico, with the following guarantee: " And provided further, that when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission."

After asserting this great principle of State equality as applicable to every portion of New Mexico under the Constitution, and as guarantied in the compact with Texas, by fair intendment, so far as the country was acquired from that State, the seventh section of the same act provides that the legislative power of the said Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act" — thus leaving the people perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution. It is now proposed in the bill under consideration to repudiate these guarantees and violate these great fundamental principles, by annexing to Kansas all that portion of the country acquired from Texas which lies north of 36° 30', and imposing upon it a prohibition of slavery forever, from and after the first day of January, 1858, regardless of the rights and wishes of the people who may inhabit the Territory.

The twenty-fourth section of the bill is in the following words:

SEC. 24. And be it further enacted, That so much of the fourteenth section, and also so much of the thirty-second section, of the act passed at the first session of the thirty-third Congress, commonly known as the Kansas-Nebraska act, as reads as follows, to wit: "Except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which, being inconsistent with the principles of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning of this act

5

not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form an regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th March, 1820 either protecting, establishing, prohibiting or abolishing slavery-be and the same is hereby repealed; and the said eighth section of said act of 6th March, 1820, is hereby revived and declared to be in full force and effect within the said Territories of Kansas and Nebraska: Provided, however, That any person lawfully held to service in either of said Territories shall not be discharged from such service by reason of such repeal and revival of said eighth section, if such person shall be permanently removed from such Territory or Territories prior to the 1st day of January, 1858; and any child or children born in either of said Territories, of any female lawfully held to service, if in like manner removed without said Territories before the expiration of that date, shall not be, by reason of anything in this act, emancipated from any service it might have owed had this act never been passed: And provided, further, That any person lawfully held to service in-any other State or Territory of the United States, and escaping into either the Territory of Kansas or Nebraska, may be reclaimed and removed to the person or place where such service is due, under any law of the United States which shall be in force upon the subject."

In the opinion of your committee there are various grave and serious objections to this section of the bill. In the first place, it expressly repudiates and condemns the great fundamental principles of self-government and State equality which it was the paramount object of the Kansas-Nebraska act to maintain and perpetuate, as affirmed in the following provision: " It being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States."

Not content with repealing this wise and just provision, and condemning the sound constitutional principles asserted in it, the bill proceeds to legalize and establish, for a limited time, hereditary slavery, not only in the Territory of Kansas, (where there is no other local or affirmative law protecting it than the enactments of the Kansas Territorial legislature, which have been alleged to be illegal and void, and which the House of Representatives, by amendments to the appropriation bills, have instructed the President not to enforce,) but also in all that part of New Mexico which it is proposed to incorporate in the Territory of Kansas, and where slavery was prohibited by the Mexican law, and it is not pretended that there is any territorial. enactment recognizing or establishing it. Having thus asserted and exercised the power of introducing and establishing slavery in the Territories by act of Congress, and declaring children, hereafter born therein to be slaves for life and their posterity: after them, provided they shall be removed therefrom within a specified period, the bill proceeds to affirm and exercise the power of prohibiting

6

slavery in the same Territories forever from and after January 1, 1858, by enacting and putting in force the following provision being the 8th section of the act passed March 6,1820, to wit:

"SECTION 8. And be it further enacted, That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty six degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crime, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited: Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any State or Territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid."

It will be observed that this 8th section of the Missouri act (commonly called the Missouri compromise) by its terms only applied to the territory acquired from France, known as the Louisiana purchase, the western boundary of which was defined by the treaty with Spain in 1819, and subsequently by treaties with Mexico and Texas, to be the 100th meridian of longitude, while the bill under consideration under the guise of reviving and restoring that provision, extends it more than seven degrees of longitude further westward, and applies it to that large extent of territory to which it had no application in its original enactment. Nor can it be said with fairness or truth the this provision was applied to any portion of the territory in question by the " joint resolution for annexing Texas to the United States," for the reason that the whole territory embraced within the limits of the republic of Texas was admitted into the Union as one State, with the privilege of forming not exceeding four other States out of the State of Texas, " by the consent of said State," with the condition that " in such State or States as should be formed out of said territory, north of said Missouri compromise line, slavery or involuntary servitude (except for crime) shall be prohibited."

It was left discretionary with Texas to remain forever one State, and to retain the whole of her territory as slave territory, or to consent to a division, in which case the prohibition would take effect, by virtue of the compact, from the date of the formation of a new State within the limits of the republic of Texas, north of 36° 30'. If, on the contrary, Texas should determine to withhold her assent, no such new State could ever be formed, and hence the prohibition would never take effect. All difficulty, however, on this point, has been removed by the act of 1850, purchasing from Texas all that portion of her territory lying north of 36° 30', and incorporating it in the Territory of New Mexico, with the guarantee that " when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of admission." Hence all that territory to which it is now proposed to apply the Missouri restriction for the first time, under the plea of restoring the Missouri compromise of the 6th of March, 1820, is protected from any such invasion of the rights of the inhabitants to form and regulate their own domestic affairs in their own way, by the solemn guaranties contained in the compromise

7

measures of 1850, which blotted out the geographical line as a dividing line between free territory and slave territory, and substituted for it the cardinal principle of self-government, in accordance with the Constitution. But it will also be observed, that the bill under consideration does not propose to limit the restriction to the territory acquired from Texas, nor the country on the east side of the Rio Grande, but extend it across that river over a portion of the territory acquired from Mexico, which was never claimed by Texas nor embraced within the Louisiana purchase, and to which there is no pretext for asserting that the Missouri compromise ever applied. If, in the application of the 8th section of the act of the 6th of March, 1820, (commonly called the Missouri compromise,) over so large a district of country to which it never had any previous application, it be the policy of the House of Representatives to return to the "obsolete idea" of a geographical line as a dividing line in all time to come between slave territory and free territory, a perpetual barrier against the advancement of slavery on the one hand and free institutions on the other, the measure falls short of accomplishing the whole of their object in not extending the line to the Pacific ocean. Your committee can perceive many weighty considerations founded in policy, although wanting the sanction of sound constitutional principles, which might be urged in favor of such a measure, inasmuch as the barrier once erected from ocean to ocean — permitting slavery on the one side and prohibiting it on the other — if universally acquiesced in and religiously observed as a patriotic offering upon the altar of our common country, would put an. end to the controversy forever, and form a bond of peace and brotherhood in the future. But, unfortunately, when this expedient was proposed by the Senate in 1848, it was indignantly repudiated by the House of Representatives, and as a consequence the whole country was plunged into a whirlpool of sectional strife and angry crimination, which alarmed the greatest and purest patriots of the land for the safety of the republic, and was only rescued from the impending perils by the adoption of the compromise measures of 1850, which abandoned the policy of a geographical line, and substituted for it the great principles of self-government and State equality, in obedience to the federal Constitution. In view of the history of the past, your committee can perceive no safety in the future except in a strict and religious fidelity to the true principles of the Constitution as embodied in the adjustment of that unfortunate controversy, and adopted by the whole country as rules of action, to be applied in all future time, when in the progress of events it should be necessary to organize Territories or admit new States. The Kansas-Nebraska act was the logical sequence of the compromise measures of 1850, and rendered imperatively necessary in order to establish and perpetuate the principles of self-government and State equality in the organization of Territories and admission of new States. For these reasons your committee cannot concur with the House of Representatives in the proposition to blot out from the organic act of Kansas and Nebraska those essential provisions and cardinal principles, the faithful observance of witch can alone preserve the just rights of the inhabitants of the Territories and maintain the peace, unify, and fraternity of the republic. The great object

8

is to withdraw the slavery question from the halls of Congress and remand its decision to the people of the several States and Territories, subject to no other conditions or restrictions than those imposed by the Constitution of the United States. Those provisions of the bill under consideration which introduce and establish slavery, together with those which abolish and prohibit it, are alike obnoxious on the score of principle, inasmuch as they assert and exercise the right of Congress to form and regulate the local affairs and domestic institutions of a distant and distinct people without their consent and regardless of their rights and wishes. To avoid all misconstruction, however, upon this point, your committee deem it proper to remark that their objections do not apply to that part of the bill which extends the provisions of the fugitive slave law to the Territories of Kansas and Nebraska, and provides " that any person lawfully held to service in any other State or Territory, and escaping into either the Territory of Kansas or Nebraska, may be reclaimed and removed to the person or place where such service is due, under any law of the United States which shall be in force upon the subject". In this clause your committee are rejoiced to find a frank and conscientious acknowledgement of the duty of Congress to provide efficient laws for carrying into faithful execution the prevision of the Constitution of the United States which provides for the rendition of fugitive slaves as well as all other obligations imposed by that instrument.

The preservation of our free institutions depend upon a faithful observance of the Constitution in all its parts; and the assurance thus furnished that the representatives of the people are ever ready to provide new and additional guarantees when supposed to be necessary for the faithful performance of that constitutional obligation, which has been the subject of the severest criticism in some portions of the country, cannot fail to gratify every true friend of the Union. In this case, however, no such legislation is necessary, inasmuch as the organic act of Kansas and Nebraska extended the provisions of the fugitive slave law to both of those Territories.

The fifteenth and sixteenth sections, of the bill under consideration read as follows:

SEC. 15. And be it further enacted, That all suits, process, and proceedings, civil and criminal, at law and in chancery, and all indictments and informations which shall, be pending and undetermined in the courts of the Territory of Kansas or of New Mexico, when this act shall take effect, shall remain in said courts where pending, to be heard, tried, prosecuted, and determined in such courts as though this act had not been passed: Provided, nevertheless, That all criminal prosecutions now pending in any of the courts of the Territory of Kansas, imputing to any person or persons the crime of treason against the United States, and all criminal prosecutions, by information or indictment, against any person or persons for any alleged violation or disregard whatever of what are usually known as the laws of the legislature of Kansas, shall be forthwith dismissed by the courts where such prosecutions may be pending, and every person who may be restrained of his liberty by reason of any of said prosecutions shall be released therefrom without delay. Nor shall there hereafter be instituted any criminal prosecution in any of the courts of the United

9

States, or of said Territory, against any person or persons, for any such charge of treason in the said Territory prior to the passage of this act, or any violation or disregard of said legislative enactments at any time.

Sec. 16. And be it further enacted, That all justices of the peace, constables, sheriffs, and all other judicial and ministerial officers, who 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 continue to exercise and perform the duties of their respective offices as officers of the Territory of Kansas, temporarily, and until they, or others, shall be duly appointed and qualified to fill their places in the manner herein directed, or until their offices shall be abolished.

It will be observed that these two sections recognize the validity and binding force of the entire code of laws enacted at the Shawnee Mission, by the legislature of Kansas Territory, and provide for the faithful execution of all those enactments except the criminal code. All justices of the peace, constables, sheriffs, and all other judicial and ministerial officers now in office are required to continue to exercise and perform the duties of their respective offices. All these officers, with the exception of the governor, three judges, secretary, and marshal, and district attorney, were elected or appointed under the laws enacted by the legislature of Kansas, while their powers, functions, and duties, are all prescribed by those laws and none others. These officers are all required to continue to perform the duties of their respective offices, by observing and enforcing all the laws enacted at the Shawnee Mission, except the criminal code. " All suits, process, and proceedings, civil and criminal, at law and in chancery, and all indictments and informations which shall be pending and undetermined in the courts of the Territory of Kansas or New Mexico, when this act shall take effect, shall remain in said courts where pending, to be heard, tried, prosecuted, and determined, in such courts, AS THOUGH THIS ACT HAD HOT BEEN PASSED." The election laws, and the laws concerning slaves and slavery, and all laws protecting the rights of persons and property, and affecting all the relations of life, are recognized as valid and required to be enforced, EXCEPTING CRIMINAL PROSECUTIONS, BY INFORMATION OF INDICTMENT, for violating or disregarding the laws of the legislature of Kansas. All such prosecutions are required to be forthwith dismissed, and the prisoners set at liberty, and no new prosecutions are to be commenced for " any violation or disregard of said legislative enactments at any time." Such is the legislation provided for in these two sections of the bill. They recognize the validity of the laws enacted at Shawnee Mission, and provide for the enforcement of all of them except in cases of criminal prosecution. Your committee are unable to perceive how the passage of such a bill would restore peace, quiet, and security to the people of Kansas. It has been alleged that there are in that Territory organized bands of lawless and desperate men, who are in the constant habit of perpetrating deeds of violence — murdering and plundering the inhabitants, stealing their property, burning their houses, and driving peaceable citizens from the polls on election day, and even from the Territory. The remedy proposed in the bill is to grant to the perpetrators of these crimes a general amnesty for the past, and a full license in the future to continue their bloody work.

There is no law in force in Kansas by which murder, robbery, larceny, arson, and other crimes known to the criminal codes of all civilized States, can be punished, except under the code enacted by the legislature of Kansas at the Shawnee Mission. The provisions of "an act for the punishment of crimes against the United States," approved April 30, 1790, is, by its terms, confined in its application to such crimes as shall be committed " within any fort, arsenal, dock-yard, magazine, or any other place or district of country under the sole and exclusive jurisdiction of the United States," and " upon the high seas and navigable waters out of the jurisdiction of any particular State," but has never been held or construed to apply to the Territories of the United States. The act of the 3d of March, 1817, "to provide for the punishment of crimes and offences committed within the Indian boundaries," extends the provisions of the said act of 1790 to the Indian country, but expressly restricts its application, as its title imports, to crimes committed " within any town, district, or territory belonging to any nation or nations, tribe or tribes of Indians." Hence, the moment the Indian title is extinguished, and the country placed under the jurisdiction of a territorial government, it ceases to be " under the sole and exclusive jurisdiction of the United States," and is no longer subject to the provisions of either of the above cited acts. Thus it will be seen that if the bill from die House of Representatives should become a law with the provisions granting a general amnesty in respect to all past crimes, and unlimited license in the future to perpetrate such outrages as their own bad passions might instigate, there would be no law in force in Kansas to punish the guilty or protect the innocent.

Inasmuch as the House of Representatives, by the passage of the bill under consideration, and the Senate, by its bill for the admission of Kansas Into the Union, have each recognized the validity of the laws enacted by the Kansas legislature at Shawnee Mission, so far as they are consistent with the Constitution and the organic act, and affirmed the propriety and duty of enforcing the same, except in certain specified cases, it becomes important to inquire into the extent of the differences of opinion between the House of Representatives and the Senate, in respect to the particular laws which ought not to be enforced. The Senate has already declared, in the bill for the admission of Kansas into the Union, that all laws and enactments

10

in said Territory which are repugnant to or in conflict with, the great principles of liberty and justice, as guarantied by the Constitution of the United States and the organic act, and embodied in the section of that bill, shall be null and void, and that none such shall ever be enforced or executed in said Territory.

The said eighteenth section is in the following words:

"Sec. 18. And be it further enacted, That inasmuch as the Constitution of the United States and the organic act of said Territory has secured to the inhabitants thereof certain inalienable rights, of which they cannot be deprived by any legislative enactment, therefore no religious test shall ever be required as a qualification to any office or public trust; no law shall be in force or enforced in said Territory respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press , or of the right of the people peaceably to assemble, and petition for the redress of grievances; the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue bat upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized; nor shall the right of the people to keep and bear arms be infringed. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation, in all criminal prosecution, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him ; to have compulsory process of obtaining witnesses in his favor, and to have the assistance of counsel for his defence. The privilege of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public safety may require it. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. No law shall be made or have force or effect in said, Territory which shall require a test oath or oath to support any act of Congress or other legislative act as a qualification for any civil office or public trust, or for any employment or profession, or to serve as a juror, or vote at an election, or which shall impose any tax upon at condition to the exercise of the right of suffrage by any qualified voter, or which shall restrain or prohibit the free discussion of any law or subject of legislation in the said Territory, or the free expression of opinion thereon by the people of said Territory."

By this provision of the bill, which has twice passed the Senate, and now remains on the Speaker's table of the House of Representatives unacted upon, and only awaits the favorable action of the House to enable it to become a law with the President's approval, all the obnoxious laws, which have been the subject of so much censure and complaint, are swept out of existence, leaving none in force in said Territory except such as are usual, proper, and necessary in all civilized communities for the protection of life, liberty, and property. Your committee have not yet relinquished the hope that the House of Representatives will concur with the Senate in the passage of that bill, and thus restore peace and security to the people of Kansas, by declaring all those obnoxious laws null and void, and providing for the faithful enforcement of the Kansas code, the Validity of which has thus been frankly and solemnly acknowledged by the votes and action of each House of Congress. The two Houses of Congress having, by their action, each arrived at the conclusion that the Kansas code is valid, and that the obnoxious laws referred to ought to be declared inoperative and void, as being; repugnant to the principles of liberty and justice intended to be secured by the Constitution of the United States and the Kansas-Nebraska act, it would seem, that the most serious and material point of difference between the two Houses which remains to be adjusted, is whether that part of the Kansas code which provides for the punishment of murder, robbery, larceny, and other criminal offences shall be enforced, or, whether all persons guilty of those offences shall be turned loose to prey upon the community with legalized impunity. It is true that there is, apparently, another point of difference between the two Houses, arising out of the question whether the people of Kansas shall be authorized to elect delegates to a convention, (with proper and satisfactory safe-guards against fraud, violence, and illegal voting,) and form a constitution and state government preparatory to their admission into the Union, or whether the Territory shall be reorganized in accordance with the provisions of the bill from the House and left, for some years to come, in that condition. While the House of Representatives has recently expressed its preference for the latter proposition, by the passage of the bill under consideration, your committee are not permitted to assume that they have insuperable objections to the admission of Kansas at this time, for the reason that a few weeks previous they passed a bill to admit that Territory as a State, with the Topeka constitution. Hence the change of policy on the part of the House, in abandoning the State movement with the Topeka constitution, and substituting for it the proposition to reorganize the Territory and leave it in that condition, most be taken only as a strong expression

11

of a decided preference on the part of the House for the bill under consideration, and not as conclusive evidence of insuperable objections to a fair bill, with proper and suitable guarantees against fraud and illegal voting, to authorize the people of Kansas to form a constitution and State government at this time. While the Senate bill, now pending before the House, is fair and impartial in all its provisions, with ample and satisfactory safe-guards against illegal and fraudulent voting, the bill from the House to reorganize the Territory contains no such provisions and affords no such assurances. It leaves the qualifications of the voters at the first election the same as they were under the Kansas-Nebraska act, with this difference, that it denies the privilege of voting and holding office to all men of foreign birth who shall have declared on oath their intention to become citizens, and who shall have taken an oath to support the Constitution of the United States, but who shall have failed from any cause to have completed their naturalization. The provision is, " that any white male inhabitant, being a citizen of the United States, above the age of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, shall be entitled to vote at the first election." No penalties or punishments are provided for illegal voting; none for fraud in conducting the elections; none for violence at the polls; and none for destroying the ballot-boxes. All these things may be done with impunity; for, while the election must be held in pursuance of the existing laws of the Territory, which are recognized as being in force, the bill expressly provides that no criminal prosecution shall hereafter be instituted in any of the courts of the United States or of said Territory for any violation or disregard of said legislative enactment at any time. Under this bill any number of persons from Missouri or Iowa, from South Carolina or Massachusetts, or from any other part of the world, may enter the Territory on election day and take possession of the polls, and vote as many times as they choose, and drive every legal voter from the polls with entire impunity; for the bill declares that no criminal prosecutions shall ever be instituted in the courts of the United States or of said Territory for violating or disregarding the ONLY LAW which provides penalties and punishments for such outrages in the Territory of Kansas.

No measure can restore peace to Kansas which does not effectually protect the ballot-box against fraud and violence, and impart equal and exact justice to all the inhabitants. Under existing circumstances, your committee are unable to devise any measure which will more certainly accomplish these desirable objects than the bill which has twice passed the Senate, and now only awaits the concurrence of the House of Representatives, with the approval of the President, to become the law of the land.

For these reasons your committee recommend that the bill from the House of Representatives be laid on the table, as a test vote on its rejection, inasmuch as the objections apply to all the leading features arid material provisions of the bill, and renders it incapable of amendment without preparing an entire new bill.

The following is the vote in the House of Representatives on the passage of the bill, the main provisions of which are set forth and explained in the foregoing report:

The yeas and nays were ordered.

The question was then taken; and it was decided in the affirmative — yeas 88, nays 74 as follows:

Yeas — Messrs. Albright, Allison, Ball, Barbour, Benson, Bishop, Bliss, Bradshaw, Brenton, Buffington, James H. Campbell, Lewis D. Campbell, Chaffee, Clawson, Colfax, Comins, Covode, Cumback, Damrell, Dean, Dick, Dodd, Dunn, Durfee, Edie, Edwards, Emrie, Flagler, Giddings, Gilbert, Granger, Grow, Robert B. Hall, Harlan, Harrison, Haven, Holloway, Thomas R. Horton, Valentine B. Horton, Hughston, Kelsey, King, Knapp, Knight, Knowlton, Knox, Kunkel, Matteson, McCarty, Killian Miller, Moore, Morgan, Morrill, Nichols, Norton, Andrew Oliver, Parker, Pelton, Perry, Pettit, Pringle, Purvianee, Ritchie, Sabin, Sage, Sapp, Sherman, Simrnons, Spinner, Stanton, Stranahan, Tappan, Thurston, Todd, Trafton, Wade, Wakemin, Walbridge, Waldron, Cadwallader C. Washburne, Ellihu B. Washburne, Israel Washburn, Watsun, Welch, Wells, Wood, Woodruff, and Woodworth — 88

Nays — Messrs. Aiken, Barksdale, Bell, Bowie, Branch, Broom, Burnett, John P. Campbell, Carlile, Caruthers, Caskie, Howell Cobb, Williamson R. W. Cobb, Cox,. Craige, Crawford, Cullen, Davidson, Henry Winter Davis, Denver, Dowdell, Edmundson, English Faulkner, Foster, Goode, Greenwood, J. Morrison Harris, Sampson W. Harris, Thomas L. Harris, Houston, Jewett, George W. Jones, J. Glancy Jones, Kennett, Kidwell, Lake, Leiter, Lumpkin, Humphrey Marshall, Samuel S. Marshall, Maxwell, Smith Miller, Millson, Packer, Peck, Phelps, Powell, Puryear, Quitman, Reade, Ready, Ricaud, Rivers, Ruffin, Savage, Shorter, Samuel A. Smith, William Smith, Sneed, Stephens, Stewart, Swope, Taylor, Trippe, Underwood, Valk, Walker, Warner, Watkins, Winslow, Daniel B Wright, John V. Wright, and Zollicoffer — 74

So the bill, as amended, was passed.

Thus it will be seen, that while the entire republican party (with one solitary exception) voted for this odious measure, every democrat in the House voted against it. In the Senate it was referred to the Committee

12

on Territories, where its provisions were carefully examined and thoroughly exposed in the foregoing report, which was occurred in by five of the six members of the committee. Mr. Collamer made a minority report, in which he attempts to palliate some of the monstrous provisions of the bill, but does not dispute the correctness of any one fact stated in the above report of the committee. After these two reports had been read to the Senate, and the subject had become thoroughly understood, the bill was laid on the table, with the distinct understanding that it should be deemed a test vote, on the rejection of the bill. The vote was as follows:

Yeas — Messrs. Adams, Allen, Bell, of Tennessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Butler, Cass, Clay, Douglas, Evans, Fitzpatrick, Geyer, Houston, Hunter, Iverson Jones, of Tennessee, Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompsen, of Kentucky, Thompson, of New Jersey, Toombs, Toucey, Weller, Wright, Yulec — 35

Nays — Messrs. Bell, of New Hampshire, Collamer, Pessenden, Fish, Foot, Foster, Hale, Harlan, Seward, Trumbull, Wade, Wilson — 12.

Thus it appears that every Republican (all the supporters of Fremont) in the Senate voted against the rejection of this bill, or, in other words, every one of them declared by his vote that he was in favor of the passage of the bill, while every Democrat voted to kill the bill. But one friend of Fremont (Mr. Seward) expressed his dissent to any part of the bill; all the rest leaving it to be inferred that they were ready to vote for the bill as it stood.

VOTE IN THE HOUSE OF REPRESENTATIVES ON THE AMENDMENT MAKING THE SALARY OF THE JUDGES AND OTHER OFFICERS DEPENDENT ON THE DECISION THE COURT SHOULD MAKE IN CERTAIN CRIMINAL PROSECUTIONS.

The House then proceeded to consider the following amendment, as a proviso to the appropriations for Kansas, on which a separate vote had been asked:

Provided, That the money hereby appropriated shall not be drawn from the treasury, or any part thereof, and the same, or any part thereof, shall not be paid out of any other appropriation made by Congress, until all criminal prosecutions now pending in any court of the Territory of Kansas against any person or persons charged with treason against the United States, and all criminal prosecutions by information or indictment against any person or persons for any alleged violation or disregard of the professed laws of a body of men who assembled at the Shawnee Mission in said Territory, claiming to be the legislative assembly of the said Territory, shall be dismissed by the court; and every person who is, or may be, restrained of his liberty by reason of such prosecution or prosecutions, shall be released from confinement.

The yeas and nays were called for, and ordered.

FIRST VOTE

The question was taken, and it was decided in the affirmative — yeas 84, nays 69, as follows:

Yeas — Messrs. Albright, Allison, Ball, Barbour, Barclay, Henry Bennett, Benson, Billinghurst, Bishop, Bliss, Bradshaw, Brenton, Buffinton, James H. Campbell, Chaffee, Ezra Clark, Clawson, Colfax, Comius, Covode, Cragin, Cumback, Damnell, Dean, Dick, Dodd, Durfee, Emrie, Flagler, Galloway, Giddings, Granger, Grow, Hurlan, Holloway, Hughston, Kelsey, King, Knapp, Knight, Knowlton, Knox, Kunkel, Leiter, Matteson, McCarty, Killian Miller, Milward, Morgan, Morrill, Mott, Murray, Norton, Andrew Oliver, Parker, Pearce, Pelton, Pennington, Perry, Pettit, Pike, Pringle, Purviance, Ritchie, Robbins, Roberts, Sabin, Sapp, Sherman, Simmons, Spinner, Stanton, Stranahan, Tappan, Todd, Wade, Walbridge, Cadwalader C. Washburne, Elihu B. Washburne, Israel Washburn, Watson, Wood, Woodruff, and Woodworth — 84.

Nays — Messrs. Aiken, Bocock, Bowie, Branch, Cadwalader, Lewis D. Campbell, Carlile, Caskie, Clingman, Williamson R. W. Cobb, Crawford, Henry Winter Davis, Dowdell, Dunn, Elliolt, English, Eustis, Faulkner, Florence, Foster, Goode, Greenwood, Haven, Hickman, Valentine B. Horton, Houston, George W Jones, J. Glancy Jones, Keitt, Kelly, Kidwell, Letcher, Lumpkin, Humphrey Marshall, Samuel S. Marshall, Maxwell, McMullin, Smith Miller, Millson, Moore, Phelps, Porter, Quitman, Reade, Richardson, Rivers, Ruffin, Rust, Sandido;e, Savage, Seward, Shorter, William Smith, Sneed, Stewart, Swope, Taylor, Thurston, Tyson, Underwood, Valk, Warner, Watkins, Whilney, Williams, Winslow, Daniel B. Wright, John V. Wright, and Zollicoffer — 69.

13

By the vote on this amendment it appears that the whole Republican or Fremont party attempted to destroy the purity of the judiciary and corrupt all the officers of the court, by making the payment of their salaries dependant upon their subserviency to the behests of a political party in the administration of justice.

ANOTHER ATTEMPT TO CORRUPT THE JUDICIARY FOR PARTY PURPOSES.

The following is the amendment and the vote on it, together with the vote on the passage of the bill after these amendments had been added to it:

The next amendment was read, as follows:

Add to the clause for defraying the expenses of the Supreme Court, &c., the following:

Provided, however, That no part of the money hereby appropriated shall be expended for prosecuting or detaining any person or persons charged with treason, or any other political offence in the Territory of Kansas

Mr. PHELPS demanded the yeas and nays. The yeas and nays were ordered.

THIRD TOTE.

The question was taken; and it was decided in the affirmative — yeas 82, naya 60, as follows:

Yeas — Messrs. Albright, Allison, Ball, Barbour, Barclay, Henry Bennett, Benson, Billinghurst, Bliss, Bradshaw, Brenton, Buffington, James H. Campbell, Chaffee, Ezra Clark, Clawson, Colfax, Comins, Covode, Cragin, Cumback, Damrell, Dean, Dick, Dodd, Dunn, Emrie, Flagler, Giddings, Granger, Grow, Harlan, Hickman, Holloway, Valentine B. Horton, Hughston, Kelsey, King, Knight, Knowlton, Kunkel, Matteson, McCarty, Killiam Miller, Millward, Morgan, Morrill, Mott, Murray, Norton, Andrew Oliver, Parker, Pearce, Pelton, Pennington, Perry, Pettit, Pike, Pringle, Purviance, Ritchie, Robbins, Roberts, Sabin, Sapp, Simmons, Spinner, Slanton, Stranahan, Tappan, Thurston, Todd, Trafton, Wade, Walbridge, Cadwalader C. Washburne, Elihu B. Washburne, Israel Washburn, Watson, Wood, and Woodworth — 82.

Nay — Messrs. Aiken, Heodley S. Bennett, Bishop, Bowie, Branch, John P. Campbell, Lewis D. Campbell, Carlile, Caruthers, Caskie, Clingman, Williamson R. W. Cobb, Crawford, Henry Winter Davis, DowdeII, Edmundson, English, Florence, Foster, Goode, Greenwood, Thomas L. Harris, Haven, Houston, George W. Jones, J. Glancy Jones, Keitt, Kelly, Kidwell, Letcher, Lumpkin, Humphrey Marshall, Samuel S. Marshall, Maxwell, McMullin, Smith Miller, Millson, Phelps, Powell, Quitman, Richardson, Rivers, Ruffin, Rest, Sandidge, Seward, Shorter, William Smith, Sneed, Stewart, Taylor, Tyson, Underwood, Warner, Watkins, Williams, Winslow, Daniel B. Wright, John V. Wright, and Zollicoffer — 60.

So the amendment was agreed to.

Pending the call of the roll,

Mr. CLINGMAN stated that Mr. EUSTIS and Mr. SHERMAN had paired off.

The bill, as amended, was then ordered to be engrossed, and read a third time; and being engrossed, it was accordingly read the third time.

Mr. PHELPS demanded the yeas and nays upon the passage of the bill.

The yeas and nays were ordered.

FOURTH VOTE

The question was taken; and it was decided in the affirmative — yeas 84, nays 65 ; as follow:

Yeas — Messrs. Albright, Allison, Ball, Barbour, Barclay, Benson, Billinghurst, Bishop, Bliss, Bradshaw, Brenton, Buffinton, James H. Campbell, Lewis D. Campbell, Chaffee, Ezra Clark, Clawson, Colfax, Comins, Cevode, Cragin, Cumback, Damrell, Dean. Dick, Dodd, Emrie, Flagler, Giddings, Granger, Grow, Harland, Hickman, Holloway, Valentine B. Horton, Hughston, Kelsey, King, Knapp, Knight, Knowlton, Kunkel, Leiter, Matteson, McCarty, Killian Miller', Millward, Morgan, Morrill, Mott, Murray, Norton, Andrew Oliver, Parker, Pearce, Pelton, Pennington, Perry, Pettit, Pike, Pringle, Purviance, Ritchie, Robbins, Roberts, Sabin, Sapp, Simmons, Spinner, Stanton, Stranahan, Tappan, Thurston, Todd, Trafton, Tyson, Wade, Walbridge, Cadwalader C. Washburne, Ellihu B. Washburne, Israel, Washburn, Watson, Wood, and Woodworth — 84.

Nays — Messrs. Aiken, Barksdale, Henry Bennett, Hendley S. Bennett, Bewie, Branch John P. Campbell, Carlilie, Caskie, Clingman, Williamson R. W. Cbbb, Crawford, Henry Winter Davis, Dowdell, Dunn, Edmunson, Elliot, Florence, Foster, Goode, Greenwood, Thomas L. Harris, Houston, George W. Jones, J. Glancy Jones, Keitt, Kidwell, Letcher, Lumpkin, Humphrey Marshall, Samuel S. Marshall, Maxwell, McMullin, Smith, Miller Millson, Phelps, Powell, Quitman, Rivers, Ruffin, Rust, Sandidge, Seward, Shorter, William Smith, Sneed, Stewart, Taylor, Underwood, Warner, Watkins, Winslow, Daniel B Wright, John Y. Wright, and Zollicoffer — 45.

So the bill was passed.

14

These provisions for bribing and corrupting the courts were forced on the civil appropriation bill by the republican; or Fremont party, in opposition to the unanimous vote of the democracy under the pretext that they were essential to the preservation of peace, and freedom in Kansas, and that all who voted against these amendments were recreant, to their, duty in that respect. Fervent appeals were made to all the friends of Kansas to respond to "the shrieks for freedom," by standing by these amendments until the wheels of government should stop and anarchy reign; and they did stand firm until they discovered that the same bill contained the appropriations for their own pay and mileage, and that the Senate would refuse to pass the bill, and, thus deprive the members of both houses of their pay unless these revolutionary amendments were stricken out. When these discoveries were made the republican or Fremont party were filled with consternation; they instantly became oblivious to the woes of suffering Kansas, turned a deaf ear to her shrieks for freedom, and allowed enough of their own members to take the back track, vote against their own amendments, and pass the bill without any such revolutionary provisions. The potent argument of receiving their own pay and mileage, added to the consideration that all the persons provided for in the bill were voters at the elections, being in the employment of the civil departments of the government, could not fail to convince the supporters of Fremont that it would be wiser and more patriotic to abandon Kansas to her fate, and allow the courts to decide all cases before them, according to the law and evidence, than to stop the; wheels of government by defeating that particular bill. Hence the civil bill became a law by the forbearance of the republican or Fremont party. It is to be hoped that the country will appreciate and reward their patriotism according to their merits.

THE ARMY BILL — AMENDMENTS — DEFEAT.

The following is the amendment which the republicans or Fremont men forced on the army appropriation bill in the House of Representatives, together with the vote on the same:

Provided, nevertheless, That no part of the military force of the United States herein provided for shall be employed in aid of the enforcement of the enactments of the alleged legislative assembly of the Territory of Kansas, recently assembled at Shawnee Mission, until Congress shall have enacted either that it was or was not a valid legislative assembly, chosen in conformity with the organic law by the people of the said Territory: And provided, That until Congress shall have passed on the validity of the said legislative assembly of Kansas, it shall be the duty of the President to use the military force in said Territory to preserve the peace, suppress insurrection, repel invasion, and protect persons and property therein, and upon the national highways in the State of Missouri, or elsewhere, from unlawful seizures and searches: And be it further provided, That the President is required to disarm the present organized militia of the Territory of Kansas, and recall all the United States arms therein distributed, and to prevent armed men from going into said Territory to disturb the public peace, or aid in the enforcement or resistance of real or pretended laws.

The question was taken, and it was decided in the affirmative — yeas 91, nays 86, as follows:

Yeas — Messrs. Albright, Allison, Ball, Barbour, Henry Bennett, Benson, Billinghurst, Bishop, Bliss, Bradshaw, Brenton, Buffington, James H. Campbell, Chance, Clawson, Colfax, Comins, Covode, Cragin, Cumback, Damrell, Day, Dean, Dick, Dodd, Dunn, Durfee, Edie, Emrie, Flagler, Galloway, Giddings, Gilbert, Granger, Grow, Robert B. Hall, Harlan, Harrison, Holloway, Thomas R. Horton, Valentine B. Horton, Hughston, Kelsey, King, Knapp, Knowlton, Knox, Kunkel, Leiter, Matteson, McCarty, Killian Miller, Moore, Morgan, Morrill, Mott, Nichols, Norton, Andrew Oliver, Parker, Pelton, Perry, Pettit, Pike, Pringle, Purviance, Ritchie, Sabin, Sage, Sapp, Sherman, Simmons, Spinnar, Stanton, Stranahan, Tappan, Thurston, Todd, Trafton, Wade, Wakeman, Walbridge, Waldron, Cadwalader C. Washburne, Elihu B. Washburne, Israel Washburn, Watson, Welch, Wood, Woodruff, and Woodworth — 91.

15

Nays — Messrs. Aiken, Barksdale, Bell, Bowie, Branch, Broom, Burnett, John P. Cambell, Lewis D. Campbell, Carlile, Caruthers, Caskie, Howell Cobb, Williamson R. W. Cobb, Cox, Cruise, Crawford, Cullen, Davidson, Henry Winter Davis, Denver, Dowdell, Edmundson, English, Eustis, Faulkner, Foster, Henry M. Fuller, Thomas J. D. Fuller, Goodo, Greenwood, J. Morrison Harris, Sampson W. Harris, Thomas L. Harris, Haven, Hoffman, Houston, Jewett, George W. Jones, Kennett, Kidwell, Knight, Lake, Lindley, Lumpkin, Humphrey Marshall, Samuel S. Marshall, Maxwell, Smith Miller, Millson, Packer, Peck, Phelps, Powell, Puryear, Quitman, Keade, Ready, Ricaud, Rivers, Ruffin, Savage, Seward Shorter, Samuel A. Smith, William Smith, William R. Smith, Sneed, Stevens, Stewart, Swope, Taylor, Tfippe, Tyson, Underwood, Vail, Valk, Walker, Warner, Watkin's, Whitney, Williams, Winslow, Daniel B. Wright, John V. Wright, and Zollicoffer — 86.

So the amendment was concurred in.

The Senate refused to agree to this amendment for the following among other reasons:

1st. It was irregular, unparlamentary, and revolutionary to put any such matter of legislation on a general appropriation.

2d. It undertook to deprive the President of the right to use the means authorized by the Constitution to perform his oath " to see the laws faithfully executed" — laws which the House of Representatives had recognized as valid and binding in the bill referred to in the report of the Committee on Territories, and which he was bound to use all lawful and constitutional means to enforce so long as they remained on the statute book, and so far as they were held to be constitutional by the courts of the country.

3d. It conferred on the President unlimited power — a power subversive of constitutional rights and dangerous to liberty — by substituting the military for the civil law, and making the discretion of the commander of the army the only law for the protection of persons and property in the Territory, and on the national highways in Missouri and elsewhere.

4th. It violated the following article of the amendments to the Constitution of the United States, by disarming the militia and depriving the people of the right to bear arms:

ART. 2. "A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed."

In the Senate this Republican or Fremont amendment to the army bill was stricken out by a party Vote, every Democrat voting to strike it out. The Republican or Fremont men in the House refused to allow the bill to pass as if went from the Senate, and consequently returned it to the Senate, with the following amendment:

The amendment was read, as follows:

Provided, nevertheless, and it is hereby declared, That no part of the military force of the United States, for the support of which appropriations are made by this act, shall be employed in aid of the enforcement of any enactment of the body claiming to be the Territorial Legislature of Kansas, until such enactment shall have been affirmed and approved by Congress , but this proviso shall not be so construed as to prevent the President from employing an adequate military force, but it shall be his duty to employ such force to prevent the invasion of said Territory by armed bands of non-residents, or any other body of non-residents acting, or claiming to act, as a posse comitatus of any officer in said Territory, in the enforcement of any such enactments, and to protect the persons and property therein, and upon the national highways leading to said Territory, from all unlawful searches and seizures; and it shall be his further duty to take efficient measures to compel the return of, and to withhold all arms of, the United States distributed in, or to, said Territory, in pursuance of any law of the United States authorizing the distribution of arms to the States and Territories.

This amendment, being similar to the first in its objects, and obnoxious to nearly all the objections which had been found to exist to the other, was, of course, rejected by the Senate. Inasmuch as this bill

16

contained no appropriation to pay the per client and mileage of the members, and only provided for the payment of the officers and soldiers of the army — a class of persons who have no voles at elections — it met with no favor with the Republican or Fremont men, and they refused to allow it to become a law, and hence Congress adjourned without making any provision to pay, feed, and clothe the army

Upon a full and careful revision of all the foregoing facts, every impartial mind is led irresistibly to the conclusion that the leading and paramount object of the Fremont party is to stop the wheels of government, stir up strife and discord in the country, and produce anarchy and violence in Kansas, with the hope of manufacturing political capital from all these sources of evil and mischief. The telegraph informs us that on the very-day that the leaders of the Fremont party in Congress defeated the appropriation bill for the army, the notorious Jim Lane, their confederate, and acting under their advice and direction, and supported by money raised by subscription at their party meetings, invaded Kansas at the head of a band of lawless and marauding desperadoes, attached and destroyed the town of Franklin, and robbed and murdered its unoffending inhabitants, for no other cause than their refusal to join the abolitionists and take up arms against the government of the Territory established by Congress. Peace, quiet, and security for life and property, prevailed in Kansas until these bands of desperadoes were sent there at the expense of the Fremont party to stir up strife and enact new scenes of violence and bloodshed and to circulate, false and exaggerated accounts throughout all the free States for political effect. These accounts, many of them manufactured to order without the slightest pretext of a foundation, and all of them distorted and colored to suit their own purposes, will increase and multiply each day until after the presidential election, when peace, and security, and law will prevail in that Territory, there being no more political capital to be made by violence, bloodshed and rebellion.

Let every fair minded map remember and reflect, on these things, and be ready to expose these spurious and fraudulent accounts of the horrible deeds perpetrated in Kansas, as they shall be sent by telegraph for circulation in each State just before election. The last and only hope of the Fremont men consists in blood, violence, and murder in Kansas. If they shall fail through their agents and desperadoes to produce the sad reality upon the plains of Kansas, they will, at least, be able to fill, the newspapers and flood the whole country with handbills, portraying black, bloody, and damnable deeds, with the hope of making the people believe them until after election. Let every friend of the Constitution and the Union be ready to expose the infamous fraud.