Norwalk Gazette, Tuesday, September 2, 1856 · page 1

.DRY GOODS, GARPETINGS

—-i

.-v....

 

K GAZE

'1‘

T E.

4—~~—~—:—~’- ._4- --——-..___H _ ,, __,, _____‘,___

PUBLISHED EVERY TUESDAY MORNING BY

El fumilq hrufiqiupnr---hinnlrit to tap Tnml Edema unit Solicits, <l5BIIBl‘lIl Entelligino, iliterutuu, politic, lllgriiulturi, Jflnbuuiw, lb»: Ilrti, lltimwtiuu, to. lcr.---llliituhliibdl in

A. H. KBYINGTCN,

AT TWO DOLLARS PER ANNUM:IN ADVANCE.

18111].

NUMBER 4-53--NEW SERIES.

[Rfl©E'<lW.léllL.lK chats 'Tr“iF[s.
A. H. BYINGTON Editor &Proprietor.

Subscription Rates :
Village Subscribers by Carrier, per year, $2.00
By Mail, Post Riders and Wagouers, 2.00
Those living out of any Carrier’s District, 1.50
I or fractional parts ofa year, at therate of 2.00

 

 

Q’ Single copies 5 cents, in wrapper, 6
Advertising" Rates ;

One Square, one insertion $1_0o'
do do ‘SWO (10 L25
do do three do L50
do do one month, L75
do do two months, 3.00
do do three months, 4.00
do do six months, 7.00
<10 4° one year, 13.00

Two (19 . do 20_00

Each additionalpsquare, pei- year, .. 3.00

One Column, one year, 75,00

Advertisers occupying two_ or more squares,
are entitledto the paper free of charge.

F iftesn lines of Brevier or 100 words make a
square. Fractional parts of a square, charged
for as a whole. ,

Yearly ad_vertisers_ have the privilege of chang-
ing thegr advertisements once per month.-
Adve_i-tisements changed oftener charged as‘
transient.

Transient advertisements payable on the first
insertion. Yearly advertisers payable at
expiration pf three months. Yearlv adver-

‘ tisers restricted to their regular business.

(nirds, Resolutions, &c., inserted as Special
Notices, 25 per cent addition to the above
rates.

A These terms will be inflexibly adhered to,

BUSINESS DlREC’l‘0RY.

/'\.P\/\_/\,A_~J\_/\_-x -\_,\_,-\,-\ -\ ,-\_.\,\,_\_,.

 

,--_--\.»-\/-\»\A

JACKSON & QUINTARDS
A Ms-norvrinoous,

Over D. 8:. N. Depot.
NORWALK.

I. i k e n c s s e s
Warranted to please all Good Juclges_

-——...___:

entiétry.
Doctors HILL &. PITCH,

Surgical & Mechanical
D E N T I S T S,

Oflloe over the Store of G. J. Gruman,
NORWALK, CONN.
CHARLES Frrcu.

 

A. HILL.

.1. I‘. roorn,
Attorney and Counselor at Law,
om-van OVER .M.aLLORY’S STORE

N o1-walk, Conn.

AMOS HUNT,

Saso nable

DRY GOODS.

HE Subscriber would return his thanks for
the very liberal patronage with which his
Store has been favored the year past, and hopes
by a constant attention to the wants of the
trading public and by a system of fair and hon-
orable dealing, to retain his share of trade for
the year ensuing. His Stock comprises at all
times a choice and varied selection of fashiona-
ble and seasonable Dry Goods, of every quality
and price. He is confident that purchasers
will find every article purchased at his store,
equal in quality, and as cheap in price, as can
be obtained elsewhere. Particular attention
devoted to the selection of Cloths, Vestings,
&c., &c., for Gentlemens wear, which will be
sold at the lowest market prices.
L. H. RANDLE.

_I.imc.
100 Bbls. of Lime for sale by T. L. PECK.

Timber and Laths,
AT SOUTH NORWALK.
350,000 Plastering Laths.
50,000 Feet Pine and Spruce Timber.

10,000 Pine Pickets just received and for
sale by THOS. L. PECK.

LUMBER! LUMBER!

ILL & HUBBELL have recently com-
menced the Lumber Business at the old
stand lately occupied by Mr. Charles Thomas,-

and intend to keep on sale

Timber, Lath and Lime,

together with every variety of Lumber sold in
this market. We shall be happy to accommo-
date customers with any thing in our line at
liberal prices. M. HILL,

15 J, C. HUBBELL,

NORWAI-K nmromufil

PROVISIONS, FRUITS.

Vegetables, Fish of ill] Kinds,

clams. Oysters, &.c.,

As good as the market affords,constantly to be
found at the well known establishment of

MEEKER & OLMSTEAD.

ޤ* Goods of the above description received
daily, and for sale at wholesale and retail on
he most favorable terms.

cheaper than Ever
flt the South Jlforwallr

GROCERY STORE.

HE Subscriber has on hand by far the Mr‘

gest and best selection of Family Grace‘
ties and Provisions, to be found in South Nor-
walk, which he offers to his customers and the
public, at greatly reduced prices. His facili-
ties are such that he will be constantly receiv-
ing new and fresh supplies of goods, as the
wants of his Customers may require, which will
always be of the best quality and sold at the
very lowest possible price, and he would re-

General Pension & Patent Agent
And Prosecutor of Claims before
the several Dcpartmeilts and
the Court of Claims.

Washington, D. C.

H. c. RANDLE,

Hats, (la;-i.sD::Llil}l¢;i'iIs & Boy's
STRAW GOODS, &c.,
Ladies Furs, Gents Gloves, canes,

'U'::n.bre11a.s, cbc.,
No. 2 Skiddv’s Block.

C. J. GRUMAN,

Dealer in Foreign and Domestic

Carriage Trimmings, Cloths, Cassi-
meres, Satinctts" Veszings, and Tail-
or’s Trimmings, by the Yard,
Piece or Pac/cage.

SHEETINGS, smnrmes. JEANS, nArrs AND WARP
A the lowest possible prices.
NORWALK, CONN.

0. 8:. E. K. LOCKWOOD, & Go.
NORWALK. CONN. ,
uAz~zorAc'i-unsas or
Tin, Sheet Iron & Copper Wares,
AND DEALERS IN
Stoves, Ranges, Furnaces, Cutlery,
Britannia Porcelain and Wooden
Ware, and Kitchen Furniture

in general, Pumps, Sheet
Lead 4- Lead Pipe,
Crockery, Glass
and,C'/iina
Ware.

E. V. A. CHICHESTER,

I-Iardvvare

DEALE R,
NORWALK, CONN.

AI HI 

SUCCESSOR. T0
JAMES SHERWOOD,‘
Bookseller, Stationer &. Binder,
17 Main Street, Norwallc.

 

 

E‘. H. NASH,
Wnoi.i:sALn AND RsrA1L DEALER IN
S T 0 V E S ,

MANUFACTURE!-i OF

Tin, Sheet Iron & Copper Wares:
H as constantly on hand a large assort-
ment of general House-keeping
Furniture, at So. Norwalk,
Conn.
 _ A
Norwalk Post Oflice.

Mail Cl0sc3.—WEST. 7.30 A. u.. 3.00, mi.

 

do do EAST, 8.30 A. M., 4.30 P. M-
do do D. & N. R. R., 8.45.
do do New York City, 4.30.

WESTON» Tuesda & Saturda at 2.0 . .
Mail Due.-—D. 65 N R. R. 8.00yA. M. 0 P ‘I
do do WEST, 9.30 A. ii., 6.00 1*. M.
do do EAsr, 8.30 A. M., 4.45 P M.
R. A. WILLIAMS P. M.

L m.
S. Ila OLMSTEAD,

Wholesale and Retail Dealer in Groceries,
Provisions, &-c., No. 14 and I8 Main-st.
HASjust received an entirely new and ex-

tensive assortment of goods which he

will sell on as, favorable terms as any in the
trade. The public are respectfully invited to
call. . -
Norwalk, March 5th, I855.

OTASH, No. 1, at
OLMSTEAD'S.

Alkaline Dentifrico.

R. BARBOUR. manufactures and keeps
con-tantly on hand the above preparation
It is
uuhesitatingly pronounced the best prepara-
ion in the market, for the purposesindicated
by all who have ever used it. It may be had

for preserving and cleansing the teeth

spectfully solicit an examination and trial of

the same. GEO. W. SMITH.
E Land For Sale.
ABOUT eight acres of‘ good Land, near

Main-st., one mile north of the Bridge, is offer-
ed for sale upon very reasonable terms. It is
admirably adapted for building lots, or for
gardening purposes, having a quick and rich
soil, and a large bed of vegetable mould or
compost manure, thereon ; or it is well calcu-
lated for a first rate meadow. Itis well fenced
and in a very eligible location. For further
particulars enquire at this Ollice. tf3

% cabinet Ware Rooms at
WESTPOIIT l

THE Subscriber would respectfully inform
his friends and the public generally, that
he is still located a few doors north of the
turnpike, opposite the Store of Alva Gray,
where may be found a general assortment of
CABINET FURNITURE.

Undertaking in all its departments attended
to at the shortest notice and upon reasonable
terms. . ALLEN RENOUD.

New Styles. 2
Tflnlcw Goods &. low prices.

HARLES FIELDS has now on hand as

large and varied an assortment of Gentle-
men and Ladies’ Gaiters, Boots, and Slippers,
as has ever been presented to the public in this
market. The styles are new ; the workmanship
neat and beautiful; while the material is of
the finest texture and most durable quality.-
He has some very elegant, plain and fancy
colored, Ladies Gaiters; also, Gent-‘s Patent
Leather Boots and Shoes, with an endless as-
sortment of Boys and Misses Shoes, all of which
will be sold very low for cash. The public are
are invited to call and examine his stock for
themselves. W21

Norwalk Iron Foundry.

EVERY description of CASTING done at the
shortest notice and in the best manner,
as cheap as can be obtained at any other es-
tablishment in the State. Galvanized Chains,
Chain l’umps,Iron Fence,Posts,Railings, &c.,
furnished to order. Patterns executed at
short notice and upon reasonable terms.

lyl ALEXANDER AUSTIN.

Building Moving,
3!’ CHARLES TUBBS.

LL orders for building raising and moving.

left with the subscriber, will receive
prompt attention and be executed in the safest
and most expeditious manner.
‘JOSEPH SHEPHERD,

Carria,e Maker, ./Igent.

1y41

Watches, Jewelry and Fancy GOMIS.
NEW SPRING STOCK !

THE Subscriber has just returned from
New York with a new Stock of Fash-
ionable Jewelry, Watches, Plated
Ware and Fancy Goods, which he offers to his
customers very cheap.
Clocks and Watches repaired.
Accordeons tuned and repaired.
Collin Plates, Spoons, Rings, &c.,ncatly en-
graved. O. S. CLARK,

BUILDING MATERIALS.
Pressed &. Common Brick Lime
Cement, Calcined Plaster. Hair
and Marble Dust.
HE Subscriber havingdissolved hisoonnec-
tion with W. C. Srnssr, E_sQ. in the above
business, will continue it on his own account,
and will keep a good assortment of the aboye
named articles constantly on hand which will

r o u.
be 5°“ map or “CHAS. T. LEONARD.

of W. C. STREET.

15 ‘V
Olfice at the .store

something New. .
WNERS of Horses will find a new and V9.-1‘
. uable invention in the W?-5’ Of Holst’ C0‘
laps, known as Briggs’ Patent Horse C0lii1.l'9-
In their construction they correspond exact_l,v
to the anatomy of the Horse’s neck, find “'1 I
neither scald, bruise, or gall the animul- Tile?
give full scope and action to the shoulder-
blade and joints, and altogether are the most
perfect application ever applied to the neck of
the Horse. They have been fully tested al-
ready, and are so constructed that they com-
mend themselves to the ‘judgment of every
sensible and humane man.

Also, every variety, quality and quantity of
Harness, Saddles and Horse Equipments in
general. may be found at the Store of the
Subscriber. WM. S. JONES.

Westport. (East side the Bridge.)

Keep Cool.

gt all ths’_ principal storesin Town. Try it.

OUR stock of Refrigerators and Ice Cream
. freezers for the Summer, are now ready:
’ ' G. 66 E.‘ K. Lookwoop two.

l

NORWALK, CONN. TUESDAY, SEPTEMBER 2,1856- *

mofosrnr.

~vv-..vvvvv-..-
-V...-.« u\/\4\-\.r\'\\\.*\..\ -.-. ul\/\‘\/~/\'\' .~ .

Extract from “Pope.”
That FREMONT is a Catholic
I must, dear Times, expose,
For look upon his face and see
He has a “Roman” nose.

v\.A/V'\.'\f\'v\'Vv~
4 . v\‘vV'-/\/-AI‘

 
 

And then, besides, lie’d spoil the pure
Episcopalian Fountains,

For did he not, some years ago,
Cross all the Rocky Mountains Y

Another fact, ’tls sure as fate,
And time will show the asses,

That at our next election day
He’ll carry all the “Masses.”

And FRsiiox'r’s children, they, alas,

Were “ Pap-ists” from the cradle,
And “ counted heads,” I’ll answer too,

As soon as they were able.

New York Times.
4‘.

The Army of the United States not
to be Employed as a Police to
Enforce the Laws of the Con-
querors ot Kansas.

Speech on tlid Army Bill,

DELIVERED IN THE SENATE
Auour 7, 1856. ’

Mn. PRESIDENT :—Tliis is a bill appro-
priating about twelve millions of dollars,
to defray the expenses of the military 98-
tablishment of the United States, for the
ensuing fiscal year. Its form and effect
are those which distinguish a general
appropriation bill for the support of the
army, such as is annually passed by Con-
gress. Only one exception to it, as it
came to the Senate from the House of
Representatives, has been taken here.-
It contains what is practically an inhibi-
tion of the employment of the army of
the United States, by the President, to
enforce the so-called laws of the alleged
Legislature of the Territory of Kansas.
The Senate regards that inhibition as an
obnoxious feature, and has, by what is
called an amendment, proposed to strike
it from the bill, overruling therein my
vote; and the Senate now proposes to
pass the bill thus altered here, and to re-
mit it to the House of Representatives,
for concurrence in the alteration. In the
hope that that House will insist on the
prohibition which has been disapproved
here, and that the Senate will, in case of
conflict, ultimately recede, I shall vote
against the passage of the bill in its pres-
ent shape. In submitting my reasons
for this course, I have little need to tread
in the several courses of argument which
have been opened by distinguished Sen-
ators, who have gone before me in this
debate. Certainly, however, I shall at-
tempt to emulate the examples of the
honorable Senators from Virginia and
South Carolina, [ML Hunter and Mr.
Butler,] by avoiding remarks in any de-
gree personal, because, on an occasion of
such grave importance. although I may
not be able to act with wisdom, I am

sure I can so far practice self-control as

to debate with decency, and deport my-
self with dignity. I shall neither defend
nor arraign any political party. because
I should vote on this occasion just as I
am now going to vote, if not merely one
of the parties, but all of the parties in
the country stood arrayed against me.——
I shall not reply to any of the criticisms
which have been bestowed upon the in-
hibition proposed by the House of Rep-
resentatives, nor shall I attempt to recon-
cile that inhibition with other bills which
have been passed by the House of Rep-
resentatives, and sent to this House for
concurrence. Ishall not even stop to
vindicate my own consistency of action
in regard to the Territory of Kansas;
because, first, I am not to assume that
what now seems an opening disagree-
ment between the Senate and House of
Representatives, will ripen into a case of
decided conflict; and because, secondly,
if it shall so ripen. .then there will be
time for argument at every stage of the
disagreement; while its entire progress
and consummation will necessarily be
searchingly reviewed, throughout the
length and breadth of the country, and
the conflict itself, will thereafter stand a
landmark for all time in the history of
the Republic. I shall endeavor to con-
fine myself closely to the questions which
are immediately involved, at this hour,
in a debate which, in the event which
has been apprehended, will survive all
existing interests and all living statesmen.
The prohibition of the employment of the
army to enforce alleged statutes in Kan-
sas, which the House of Representatives
propose, and which the Senate disap-
proves, grows out of the conflictof opin-
ion which divides the Senate unequally,
which divides the House of Representa-
tives itself nearly equally, and which, if
the prohibition itself expresses the opin-
ion of a majority of that House, separates
it from the Senate, and from the Presi-
dent of the United States. It is mani-
festly a conflict which divides the coun-
try by a parallel of latitude. In this
conflict, one party maintains, as 1 do,
that the legislation, and the Territorial‘
Legislature itself of Kansas, are abso-
lulely void. The other party, on the
contrary, insists that the legislation and
the Legislature of the Territory of Kim-
sas, an-.,valid, and must remain so until
they shall be constitutionally superseded
or abrogated.

The Senator from Virginia (Mr. Hun-
tel’) argues that the act of the House of
Representatives, in inserting the prohi-
bition in this bill, is revolutionary, and
that persistence in it would effect a
change of the Constitution of the Gov-_
ernment. I refrain from arguing that
question elaborately now, because while
I am sétisfied. from my knowledge of the
temper and habit of the Senate, that it is
likely enough to adhere to the course
which it has indicited, I am at the same
time by no means so certain that the
House of Representatives will not ulti-
mately recede from the ground which,
by the act of a bare majority, at all times
unreliable during the present session, it
has assumed. I speak with the utmost
respeci toward the House of Represents-
tives, and with entire confidence in the
patriotic ‘motive of all its members; but,
I must confess that, in all questions con-
cerning Freedom and Slavery in the
United States, I have seen Houses of
Representatives, when brought into con-
flict with the Senate of the United States.
recede too often and retreat too far to al-
low me to assume that in this case the
present. House of Representatives will
maintain the high position it has assum-
ad was ‘firmness and’ perseverance to the

end. I saw\a House of Representatives
in 1850, which was delegated and prac-
tically pledged to prohibit the extension
of Slavery within the unorganized Ter-
ritories of the United States, then newly
acquired from Mexico, refuse to perform
that great duty, and enter into acompro-
misc, which, however intended, practi-
cally led to the abandonment of allthosc
Territories to universal dcseciation by
Slavery. I saw a House of Representa-
tives, in 1854, forget the sacred rever-
ence for Freedom of those by whom it
was constituted, and abrogate the time-
houored law under which the Territories
of Kansas and Nebraska had until that
time remained safe, amid the wreck
which followed the unfortunate compro-
mise of 1850, and thus prepare the way
for that invasion by Slavery of all that
remained for the sway of Freedom in the
ancient domain of Louisiana, which has
since taken place in Kansas, Sir, ever
since I sdopted for myself the policy of
opposing the spread of Slavery in the
train of our national banner, consecrated
to equal and universal Freedom, my
hopes have been fixed, not on existing
Senatcs,or Presidents, or Houses of Rep-
resentatives, but on future Presidents
and on future Congresses-—and my hopes
and faith grow stronger as each succeed-
ing President, Senate ‘and House of
Representatives fail to adopt and estab-
lish that policy so eminently constitution-
al and conservative. My hopes and my
faith thuc grow on disappointment, be-
cause I see that, by degrees which are
marked,although the pi-ogresssecms slow
my countrymen, who alone create Presi-
dents and Congresses, are coming to ap-
prehend. the wisdom and justice of that
beucficent policy. and to accept it. The
shortcomings of the present House of
Representatives do not discourage me.
I do not even hold that body responsible.
I know how, in the midst of the canvas
in which its members were elected, the
public mind was misled. and diverted to
the discussion of false and fraudulent is-
sues concerning the principles and policy
of the Church of Rome, and the temper,
disposition and conduct of aliens incorpo-
rated into the Republic. But although
I hold the present House of Representa-
tives excusable, I must, nevertheless, in
assigning its true character, he allowed
to say of it, that it is like the moon,
which gpresents a broad surface, all
smooth and luminous when seen at a
distance, but covered with rough and
dark mountains when brought near to
he eye by the telescope. I shall vote.
therefore, on this occasion with the
House of Representatives, against a ma-
jority of the Senate, careless whether
that House itself shall, like other Houses
of Representatives which have gone be-
fore it, renounce and repudiate its own
decision which I thus sustain, and com-
plaisautly range itself with the Senate
and the President of the United States,
against myself and those Senators who
shall have gone with me to its support.
Mr. President, the subject under consid-
eration is legitimately within the juris-
diction of Congress, and consequently
within thejurisdiction of the House of
Representatives. There must be author-
ity somewhere to decide whether the
Territorial Legislature of Kansas is a
legal and constitutional body; whether
its statutes are valid. The President of
the United States has no authority to
decide these questions definitely, because‘
the decision involve an act of sovereign
legislation within the constitutional
sphere of Congress. The Judiciary can-
not decisively determine those questions
because their own determinations, in
such a case, may be modified or reversed,
or set aside by a constitutional legisla-
tive enactment, and because the Judici-
ary has no power to apply the means
necessary to give effect to its decisions.
The subject is an actual Government of
the Territory of Kansas to be established
and maintained by constitutional laws.
All legislative power over Kansas, as
all legislative power whatever permitted
by the Constitution of the United States,
is vested in Congress, and of course in
the House of Representatives, co-ordi-
nately with the Senate, and subject to a
veto of the President. The ’ House of
Representativesmay constitutionallypass
a bill abrogating the pretended legisla-
tion and Legislature of Kansas, or declar-
ing them to be already absolutely void.
The greater includes the less. The
House of Representatives may therefore
lawfully pass a bill prohibiting the _em-
ploymeni of the army of the United
States in executing laws in Kansas,
which it deems pernicious, no matter by
whom those laws were made.
Since the House of Representatives
has power to pass such a bill distinctly,
it has power, also, to place an equiva-
lent prohibition in any bill, which it has
constitutional power to pass. And so it
has a constitutional right to place the
prohibition in the annual Army Appro-
priation bill. I grant that this mode of
reaching the object proposed is in some
respect an unusual one, and in some res-
pects an inconvenient one; It is not
therefore, however, an unconstitutional
one, or even necessarily a wrong one.—
It is a right one, if it is necessary to ef-
fect the object desired, and if that ob-
ject is one that is in itself just, endemi-
iicntly important to the peace and hap-
piness of the country, or to the security
of the liberties of the people. The
House of Representatives, moreover, is
entitled to judge and determine, for it-
self, whether the object of it is thus im-
portnnt. It is true that the Senate may
dissent from the House, and refuse to
concur in the prohibition. In that case,
each of the two Houses exercises an in-
dependent right of its own, and upon its
own proper responsibility to the people.
If the conflict shall continue to the end,
and the bill, therefore, shall fail, the peo-
ple will decide between the two Houses
in the elections which will follow, and
they will take care to bring them to an
agreement in harmony with the popular
decision. The proceeding in llie presenr
case is thus necessary, and its object i.-
thus important. Pm,-tended, but invalid
laws are enacted by usurpation, and en-
forced by the President of the United
States in the Territory of_ Kansas, with
the terror, if not with no actual applica-
tion of the military arm of the Govern-
ment, At least this is the case a_s'sii_nie'il
by the Hbuseof Representatives". "The"
cuss is altogcthefla new one.‘ It has
not occurred before. 1t has never oven

6
u

__L i-

been supposed 'possibie that such a case
could happen in a Territory of the Uni-
ted States. The idea has never before
entered into the mind of an American
statesman that citizens of one State
could, with armed force, enter any other
State or Territory, and by fraud or force
usurp its government, and establish a
tyranny over its people ; much less that
a President of the United States would
be found to sanction such a subversion
of State authority or of Federal author-
ity; and still less that a President thus
sanctioning it would employ the stand-
ing army to maintain the odious usurpa-
tion aud tyranny. Sir, the mere fact in
this case, that the army is required ‘to be
employed to execute alleged ‘laws in
Kansas, is enough to raise a presumption
that those laws are either wrong in prin-
ciple or destitute of constitutional au-
thority, and ouught not to be executed.
The Territory of Kansas Waugh not a
State, is, or ought to be. ' erthelcss a
civil community. with a republican sys-
tem of government. In other words, it
is de jurc, and ought to be de faczo, a
Republic--—an American Republic, exis-
ting under and by virtue of the Consti-
tution of the United States. If the
laws which are to be executed there are
really the statutes of such a Republican
government truly existing there, then
those laws were made by the people of
Kansas by their own voluntary act.-
According to the theory of our Govern-
ment, these laws will be acquiesced in
by that people, and executed with their
own consent against all offenders, by
means of merely civil police, without
the aid of the army of the United States.
The army of the United States is not a
mere institution of domestic police ; nor is
it a true or proper function of the army
to execute the domestic laws of the seve-
ral States and Territories. Its legiti-
mate and proper functions are to repel
foreign invasion, and suppress insurrec-
tions of the native Indian tribes. It is
only an occasional and incidental func-
tion of that army to suppress insurrec-
tions of citizens, seldom expected to oc-
cur. This Capitol is surrounded by a
National metropolis, and its streets, lanes
and alleys are doubtless filled with mise-
ryaud guilt, adequate to the generation
of all sorts of crimes. Yet the laws
prescribed for municipal government
within the District of Columbia are exe-

cuted without the aid of the army of

the United States. Neither House of
Congress, nor the Common Council of
Washington, not the Common Council
of Georgetown, nor the President of the
United States, nor the Marshal of the
District of Columbia, nor yet the Mayor
of ‘ either of those cities, not any Court
within the District, is attended by any
armed sentinel. Why is this so? It is
because the people acquiesce, and the
laws execute themselves. This case of
the District of Columbia is the strongest
which can be presented against the prin-
ciple for which I contend, for the people
of the District are actually disfranchised
out of regard to the security of the Fed-
eral Government. Look into the States
—-into Maryland on one side of the Fed-
eisl Capitol, and into Virginia on the
other; into Delaware as you ascend
northward, into North Carolina as you
descend Southwaid, into Pennsylvania
and into South Carolina, into New Jer-
sey and into Georgia, even into Maine
and into Texas; go castward—go west-
ward, throughout all the States, through-
out even the Territories, Minnesota,
Utah, Washington, Oregon and New
Mexico, from the Atlantic coast to the
Pacific 0cean—everywhcre, except in
Kansas, the people are dwelling in
peaceful submission to the laws which
they themselves have established, free
from any intrusion of the army of the
United States. ‘The time was, and that
not long ago, when a proposition to em-
ploy the standing army of the United
States as a domestic police would have
been universally denounced as a prema-
ture revelation of a plot, darkly con-
trived in the chambers of conspiracy, to
subvert the liberties of the people, and
to overthrow the Republic itself. The
Republic stands upon a fundamental
principle, that the people in the exercise
of equal rights, will establish only just.
and equal laws, and that their own free
and enlightened public opinion is the
only legitimate reliance for the mainte-
nance aud execution of such laws.-
This principle is not even peculiar to
ourselves; it lies at the foundation of
the government of every free people on
earth. It is public opinion, not the Im-
perial army, that executes the laws of
the realmin England, Scotland and Ire-
land. Whenever France is free, it is
public opinion that executes the laws of
her Republican Legislature. It is pub-
lic opinion that executes the laws in all
the Csntons of Switzerland. The Brit-
ish Constitution is quite as jealous of
standing armies as a police, as our own,
Government there, indeed, maintains
standing armies, as it does a great naval
force, but it employs the one, as it does
the other, exclusively for defense, or for
conquest against foreign States. Fear-
ful lcst the armed power of the State
might be turned against the people to
enforce obnoxious edicts or statutes, the
British Constitution forbids that any
regular army whatever, shall be tolera-
ted, on any pretence. The considerable
military force which is maintained in
different and distant parts of the Empire
only exists by a suspension of that part
of the constitution. ‘lrbich suspension is
renewed by Parliament. from ysar"to
year, and never for more than one year
at a time. Civil liberty, and a standing
army for the purposes of civil police,
have never yet stood together,and never
can stand together. If I am to choose,
Sir, between upholding laws, in any
part of the Republic, which cannot be
maintained without a standing army, or
relinquishing the laws themselves, I give
up the laws at once, by whomsoever
they are made, and by whatever author-
ity; for either our system of-govern-
ment is radically wrong, or such laws
are unjust, unequal, and pernicious.
Such is the presumption against the
pretended laws of Kansas, which arises
out of the proposed debate. I shall not
however. iii so_ gi;ave a case, leave my
ai;guinei_it to rest upon mere presump-
tiou.' Listen to me wnile_'l recite some
of the principal statutes of the Territo-
rial Legislature of Kansas, which the

resentatives, proposesfto enforce at the
point of the bayonet, against citizens of
the United States :

“No person who is conscientiously opposed
to the holding of slaves, or who does not ad-
mit the right to hold slaves in this Teri-ltoiy,
shall be a juror in any cause in which the
right to hold any person in slavery is invol-
ved, nor in any cause in which any injury
done to, or committed by any siave is in issue
nor in any criminal proceeding for the-viola-
tion of any law enacted for the protection of
slave property, and for the punishment of

property.”

Here is an edict which subverts that
old Saxon institution. which is essential
and indispensable. not only in all repub-
lican systems of government, but even
in every Free State, whatever may be
the form of its government. The ques-
tion has been asked a thousand times,
Why does the republican system fail in
Spanish America? The answer is tru-
ly given as often, that the republican
system fails there because the trial by
jury has never existed in Spanish Amer-
ica, and cannot be introduced there.—-
Lend your car, if you please, while I
repeat another of these statutes of the
Territory of Kansas :

“fill ofllcera elected or appointed under any
existing or subsequently enacted laws of this
Territory, shall take and subscribe the follow-
iug oath of office: ‘I, , do solemnly
swear upon the holy Evangelists of Almighty
God, that I will support the Constitution of
the United States, and that I will support and
sustain the provisions of an Act entitled ‘an
act to organize the Territories of Nebraska
and Kansas,’ and the provisions of the law of
the United States commonly known as the
Fugitive Slave Law, and faithfully and im-
partially, and to the best of my ability, de-
mean myself in the discharge of in duties in
the omce of ; so help me od.”

Here is an edict which establishes a

test oath. based on political opinion, and
by disfranchising one class of citizens,
devolves the Government upon another
class, and thus subverts that principle‘ of
equality, without which no truly Re-
publican Government has ever existed,
or ever can exist. Excuse me Senators,
for calling to your notice, a third chapter
in the Territorial Code of Kansas :
"If any free person by speaking or by wri-
ting, assert or maintain that persons have
not the right to hold slat: es in this Territory,
or shall introduce into the Territory. print,
publish, write, circulate. or caused to be in-
troduced into this Territory, written, printed,
published, or circulated in this Territory, any
book, paper, magazine, pamphlet, or circular,
containing any denial of the right of per-
sons to hold slaves in this Territory, such per-
son shall be deemed cmnrr or I-‘ELONY, and
punished by imprisonment at hard labor for a
term of not less than two years.”

, “If any person print, write, introduce into,
publish, or circulate, or cause to be brought
into, printed, written. published, or circula-
ted, or shall knowingly aid or assist in bring-
ing into, rinting, publishing or circulating,
within this Territory, any book, paper, pamph-
let, magazine, hsndbill, or circular, contain-
ing any statements, arguments, opinion, sen-
timenl, doctrine, advice, or inuendo, calcula-
ted to produce a diso-rderly, dangerous, or re-
bellious disaffection among the slaves in this
Territory, or to induce such slaves to escape
from the service of their masters, or to resist
their authority, he shall be guilty of felony,
and punished by imprisonment and hard labor
for a term not less than five years.”
Sir,’ever since the debate about the
extension of Slavery in the Territories
of the United States began, I have from
year to year, from mouth’ to month, and
sometimes from day to day, in this place
and at other posts of public duty, spo-
ken, written, printed, published, and cir-
culated speeches, books, and papers,
which constructively would be pro-
nounced felonious, if such a law as this
had been in force at the place where
that duty was performed. I have not
hesitated in the spirit of a free man,
and so far aslcan claim such character,
under the responsibilities of a statesman
and a Christian, to scatter broadcast over
the land, and even throughout the Ter-
ritory of Kansas itself, statements, opin-
ions, and sentiments, which, though de-
signed for a purpose different from that
mentioned in this edict, I doubt not
wouuld by prejudiced judicial ‘construc-
tion be held to fall within its inhibition.
Whatever other Senators may choose
to do, I shall not direct the President of
the United States to employ a standing
army in destroying the fruits of Free-
dom which spring from seeds I have
conscientiously sown with my own free
hand. This statute, Sir, if so you insist
on calling it, subverts the liberty of the
press and the liberty of speech. Where
on earth is there a Government where
the press is shackled and speech is stran-
gled? When the’ Republic of France
was subverted by the First Consul, what
else did he do, but shackle the press and
stifle speech '.’ When the second Na-
poleon restored the Empire on the ruins
of the later Republic of France, what
else did he do than to shackle the press
and strangle debate? When Santa
Anna seized the Government of Mexi-
co, and converted it into a dictatorship,
what more had be to do than shackle
the press and stills political debate '!—
Bchold, Senators, another of these stat-
utes. In the chapter which treats of the
writ of habeas corpus we have this lim-
iiation: ’

"No negro or mulalto, held as a slave with-
in this Territory, or lawfully arrested as a fu-
gitive from service from another State or Ter-
ritory, shall be discharged. nor shall his right
;zft_f;r,-eedom be had under the provisions of this

0 _ A ..
This is an edict, which suspends the
writ of habeas corpus. It relates in-
deed to a‘ degraded class of society, but
still the writ which is taken away‘from
that class is the writ of habcss corpus,
and those who are to be deprived of it
by the edict, may be frecmcn. The
State that begins with denying the ba-
beas corpus to the humblest and most
obscure of freeman, will not be long in
reaching a more indiscrimiste prescrip-
tion. It ought to be sufficicnt objection
here, against all these statutes, that they
conflict with the Constitution of the
United States, the highest law recog-
nized in this place. I myself denounce
them for that reason. as I denounce
them also because they are repugnant to
the law; of garage, as recognized by
dearly all civilized States Pardon, I
pray you, Senators, the prolixity of the
next chapter. which I extract from the
Kansas code ;‘ 0‘

‘‘.‘Every perlion who may be sentenced by
any Court of competent jurisdiction, under
any law in force within this Territory. to pun-
ishment by confinement at hard labor, shall be
deemed a convict, and shall immediately, un-
der the charge of the keeper of such jail or
public prison, or under the charge of such
person as the keeper of such jail or public

Senate, differing from the liouse_oI Rep-

prison may select, be put to hard labor, as in

crime committed against the right to_.such_~,

VOBUME XXXIX.---N U

the first section of this act specified (to Wit.
‘on the streets, roads, public buildings» 01‘ 0W‘
or public works of the Territory,’) ;—[Sec. 1,
page 146] ; and such keeper or other person
having charge of such convict, shall cause
such convict, while engaged at such labor. to
be securely confined by a chain sir fee‘ 5"
length, of not less than four sixteenths nor
more than three-eights of an inch links, with a
round ball of iron of not less than four nor
more than six inches in diameter, attached,
which ehain shall be securely fastened to the
ankle of such convict with a strong lock and
key, and such keeper or other person having
pharge of such convict may, if necessary, cou-
'fine such convict while so engaged at hard la-
bor by other chains, or other means in his dis-
cretlon, so as to keep such convict secure and
prevent his escape; and when there shall be
two or more convicts under the charge of such
keeper or other person, such convicts shall be
fustcned together by strong chains, with
strong locks and keys, during the time such
convicts shall be engaged in hard labor with-
out the walls of any jail or prison.”

I have devoted, heretofore, no unim-
portant part of my life to mitigating the
severity of penal codes. The Senate of
the United States now informs me that
if I desire the privilege of voting for
this bill, which is designed to make the
army of the United States in its integri-
ty, I must consent to send that army in-
to the Territory of Kansas, to fasten
chains of iron four inches in diameter,
with strong locks, upon the limbs of of
fenders guilty of speaking, printing and
publishing principles and opinions sub-
versive of the system of Slavery. Sir,
I have no excessive tenderness in regard
to taking life or liberty as a forfeiture to
the majesty of the laws, for the invasion
of the peace and safety of society.—-
Yet I do say, nevertheless, that I regard
chains and balls, and all such implements
and instruments of Slavery, with a de-
testatiou so profound, that I will sooner
take chains upon my own frame, and
wear them through what may remain of
my own pilgrimage here, than impose
them, even where punishment is de-
served, upon the limbs of my fellow
men I cannot consent to go backward
and restore barbarism to the penal code
of the United Stateseven for the sake
of an appropriation to maintain the ur-
my of the United States for a single
year. The Kansas code rises, as you
advance through it, to a climax of inhu-
manity. Here is the next chapter:

“ If any person shall aid or assist in en ti-
cing, decoying, or persuading, or carrying
away, or sendim; out of this Territory, any
slave belonging to another, with intent to pro-
cure or elfc.-ctthe freedom of such slave, or
with intent to depi-!ve the owner thereof of
the services _of such slave, he shall be adjudged
guilty of grand larceny, and on conviction
thereof shall suflcr death, orbe imprisoned at
hard labor for not less than ten years.”

Pray tell me, Senators, what you
‘think of that? This statute has been
promulgated in Kansas, a Territory of
the United States. It can have become
a law there only. directly or indirectly,
through the exercise of the legislative
power of the Congress of the United
States. The Constitution of the United
States confers upon Congress no power
whatever to consign any human being
to a condition of bondage or slavery to
another human being, but, on the con-
trary, prohibits the exercise of a power
so inhuman and barbarous. The Cons-
titution of the United States, consequent-
ly, confers on Congress no power, di
rectly or indirectly, to make it a crime
in one man to persuade another, reduced
to bondage or slavery, to seek his free-
dom. I repudiate this pretended law,
therefore, and I will not consent to send
the army of the United States to Kan-
sas to execute it. '

I call your attention to another of
these enactments :—

“ If any person shall entice, decoy or carry
away out of this Territor, any slave belonging
to another, with intent to deprive the owner
thereof of the services of such slave, or with
intent to effect or procure the freedom of such
slave,he shall be adjudged guilty of grand
larceny, and on conviction thereof shall sufl‘er
DEATH, or be imprisoned at haircl labor for not
less than ten years.”

There is no larceny of property, of any
kind, which in my judgement demands
punishment by death. Certainly, I shall
not agree toa law which shall inflict.
that extreme punishment for constructive
larceny, in a casewhere it is at least a
disputed point in ethics, whether the of-
fence is malum in se. Here is another
chapter 2 ‘

“ If any slave shall commit petit larceny,
or shall steal any neat cattle. sheep or hog, or
be guilty of any misdemeanor, or other offense
punishable under the provisions of this act on-
ly by fine or imprisonment in the county jail,
or by such fine and imprisonment, he shall, in-
stead of such punishment be punished, if a
male, by stripes on his bare back not exceed-
ing thirty nine, or, if a female, by imprison-
ment in a county jail not exceeding twenty-
one days or by stripes not exceeding twenty-
one, at the discretion of the justice.”

_ With repentance and atonement, Mr.
President, I may hope to be forgiven lor
inflicting blows upon the person of a
fellow man, equal in strength and vigor
as myself. I should have no hope to be
forgiven, much less to retain my own
self respect, if, on any occasion, under
any circumstances, or upon any pretext
I should ever consent to apply,~or au-
thorize another to apply, a lash to the
naked back of a weak,defenseless, help-
less woman. Sir, call these provisions
which I have recited by what name you
will-edict, ordinances or statutes-—t.hey
are the laws which the House of Rep-
resentatives says shall not be enforced in
Kansas by the army of the United
States. I give my thanks to the House
of Representatives—sincere and hearty
thanks. I salute the House of Repre-
sentatives with the homage of my pro-
found respect. It has vindicated the
Constitution of my country, it has viii-
dicated the cause of humanity. Even
though it shall tsmely rescind this vindi-
cation to morrow, when it shall come
into conflict. with the Senate of the Uni-
ted States, yet I shall nevertheless re-
gard this proviso—stand‘ing in that case
only'for a single day, as an omen of
more earnest and firm legislation in that
great forum. When, hereafter, one shall
be looking through the pages of statute
laws affecting the African race, for a pe-
riod of more than a quarter of a centu-
ry,_lie will regard this cphemercal rec-
ognition of the equality of men with
the affection and hope which the travel-
ler feels when appioacliing a green spot.

1r

in the dc.-ens of Arabia. It must be
mm-. _Siuuuu;r.-, not L -\ llu .-hail cuiisi-in
[9 b.'.i.-L i:ii~ -Va.-;.-. -Ill -l-:*il)t|I till! all “It!
hopes that already are l-ms in.-, me mail

upon it. Mr. President aiiiiougli lllc

MBER 36.

force, and therefore are obnoxious to a
presumption that they are founded in in-
justice; and although those laws upon
searching examination, are found to be
subversive of the Constitution, and in
conflict with all the sentiments of hu-
manity, ihe whole case of the House of
Representatives has nevertheless not yet.
been stated. The proceedings which
have hitherto taken place in executing
those laws have been uiiconsiitutioiial in
their character, and attended with grin-
ding oppression nnd cruel severity. The
Senator from Virginia has asked me
whether such laws do not exist in ' Mis-
souri.

Mr. MASON-—'I‘he Senator from
Virginia asked you whether a law on
which you were commenting was not a
law of the State of Missouri, copied by
Territory of Kansas.

Take the question in the shape -in
which the honorable Senator repeats it.
I suppose such laws exist in that State,
and in other States. 1 have this to say
for those States, and for the United

never been employed in executing" such
laws in those States.
these atrocious laws been executed in
Kansas? The Marshal of the Territory,
an officer dependent on the President of
the United States, has enrolled as ii vol-
unteei-' militia, at the expense of the Fed-
eral Treasury, an armed band of confes-
sed propagandists of Slavery from other
States; and this so-called militia, but
really unconstitutional regular force, has
been converted into a posse comitatus to
execute these atrocious statutes by in-
timidation, or by force, as the nature of
the résistance encountered seemed to re-
quire.\ This has been the form of Exec-
utive action. What has been the con-
duct ofthe Judicial department? Courts
of the United States have permitted grand
Juries to find and have maintained in-
dictments unkown to the laws of all civ-
ilized countries-—sn indictment of a
tavern as a- nuisance, because the politi-
cal opinions of its lodgers were obnox-
ious ; an indictment of a bridge over a
river for a nuisance, because those who
passed over it were of opinion that the
establishment of Slavery in the Territo-
ry was injurious to its prosperity; in-
dictments even of printing presses as im-
isances because the political opinions
\vhich they promulgated were favorable
to the establishment of a Free State
Government. Either with a warrant
from the courts, or without a warrant,
but with theirconnivance, bands of sol-
diers with arms belonging to the United
States, and enrolled under its flag, and
directed by its Marshal, combining with
other bands .of armed invaders from
without the tcnitory, and without even
the pretense of atrial, much less of a
judgment, have abated the alleged nui-
sance ol a tavern by leveling it ‘to the
ground, and the pretended nuisances of
the free presses‘ by casting type and
presses and compositors’ desks into the
Kansas River. Moreover, when the
citizens whose obedience to these laws
was demanded, sought relief in the only
constitutional way which remained open
to them, by establishing, conditionally
and subject to the assent of Congress, to
be afterward obtained, a State Govern-
ment, provisional Executive officers,and
a provisional Legislature, indictments for
constructive treason were found in the
same courts, by packed grand juries
against these provisional Executive «offi-
cers, and a detachment qf the United
States entered the Legislaitive Halls, and
expelled the representatives of the peo-
ple from their seats. During the intense
heat. of this almost endless Summer, a
regiment of Federal cavalry performs
its evolutions in ranging over the prai-
ries of Kansas, holding in its camp, as
prisoners under martial law, without
ball or maiiiprise, not less than ten citi-
zens, thus indicated in the Federal
Courts for the pretended crime of con-
structive treason. The penalty of treason
under the laws of the United States is
death. What chance for justice attends
those citizens '! -I. will show you. The
judge who is to try them procured the
indictments against them, by a charge
to a packed jury in these words :.

“ This Territory was organized by an act of
Congress, and, so far its authority is from the
United States. It has a Legislature, elected
in pursuance of that organic act. This Leg-
islature, being an instrument of Congress by
which it governs the Territory, has passed
laws. These laws, therefore, are of Unite.-.1
States authority and making ,- and all that
resist these laws, resist the power and authori-
ty ol' the United States, and are therefore
guilty of high treason.

4‘ Now, gentlemen, if you find that any per-

under your oaths, find bills against such per-
sons for high treason. If yonfind that no such
resistance has been made, but that combina-
tions have been made for the purpose of re-
sisting them, and individuals of influence and
notoriety have been aiding and abetting in
such combinations, then must you still find
bills for constructive treason,” &c.

What will it avail their defense, be-
fore such a court and such a judge that
the Constitution of the United States
declares, directly and explicitly, that
treason against the United States shall
consist only in levying war against them,
or in adhering to their enemies, giving
them aid and comfort ’? Thus you see,
Senators. that the Executive authority,
not content with simple oppression, has
seized upon the Judiciary, and corupted
and degraded it, for the purpose of exe-
cuting thcss pretended and intolerable
laws of Kansas. The judge [who zpre
sides in the Teri-torial courts is a creatur-
or the President of the United Siam,
and holds his office by the tenure of Ex-
ecutive .pleasure. While the sword Of
Executive power is converted in Ka-1588“
into an assassiii’s dagger, the erm-‘I19 03
Justice is stained with the vilest Of 00Il~
taminatioiis. VVhat cause is there for
surprise, then, in the administration of
Government In Kansas, undersuch laws.
and in a manner so intolerable. that 3
civil war has been brought about by af-
fidaviis an armed force has been employ-
ed in executing processes of law and an
unauthorized and illegal detachment is
eurouled in the service of the United
States, and employed in abating domes-
tic, social, and political institutions, un-
der the namc of nuisances? What wou-
der is ll tliata city has been besieged
with tin‘ and sword. because it was sup-
posed in contain with us dwelling indi-
viduals who denied the legality any obli-
gallon of the preteliilvd laws? What

fact is clear that the pretended laws in

Kansas can only be executed by armed

wonder that a slum, n plnvi-maul State
erected ‘in harmony with the Coustitu-3

States, that a Federal standing amfy h'as__

And how have‘

says have resisted these laws, then you must -