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35th Cong.... Ist Sess.
SENATE. ber, are not to be charged with refusing any terms, | possible for me to ascertain who wish to speak, I think, has been occupied by the majority in dewhile I stand here afirming that I am ready, so and how long a time they will occupy, so as to livering their opinions. far as I may be able, to carry out the suggestion arrive at the grounds on which an answer might Mr. GREEN. Less than one third. which my friend from Mississippi made to me. be given to the proposition made to us.
Mr. SEW RD. One third is enough for my Mr. FÉSSENDEN. I distinctly proposed to entitled to that consultation.
present purpose; I will not dispute about fractions. the Senator from Missouri, as he will remember Mr. President, I am not proposing to make any I remember a case that happened in the House of —and I said I was sure my friends on this side threat. I shall never make any in the Senate Representatives, which admonishes me always not of the Chamber would agree to my proposition, Chamber. I can promise for one-and I think to stand upon fractions. My old friend Gideon for I had some concert with them that if the Sen my whole course of action since I have been in Lee, who is now gone, was an eminently useful ate would udjourn until to-morrow morning after the Senate will justify what I say—that I not only man, and a very useful and eficient member of the my friend from New Hampshire should have shall not of myself institute any factious opposi House of Representatives. When the great fire closed his speech, without attempting to coerce tion to the transaction of the public business, but | occurred in the city of New York, which burnt us, without forcing us to make an agreement 10 that it is not in the power of men or of associations up a large portion of the city, the merchants sent night when we had no opportunity to consult with to draw me into any. I will not be drawn into on an application to Congress to remit the duties each other, we would meet to-morrow morning; any such opposition. I can say also, upon a very upon the goods which were destroyed by the fire. and, if we should then fail to come to such terms thorough acquaintance with my associates, that's The memorial was a very eloquent one, but it was as would be satisfactory to Senators on the other do not know, I do not believe, I have not the least thought best to have it enforced by the eloquence side, we should have no complaints to make if reason for believing, that there is any member of of the most commanding and influential member they reduced it to a contest of physical endurance, the Senate on the part of the supposed minority in the House at that time, who was understood to and endeavored to push the bill through at the who would be content to occupy, even on this great | be a celebrated orator from the State of Vermont, nere sitting. We have said that this evening such question, one moment of time more than was Mr. Horace Everett. Mr. Everett, after preparing an attempt was not fair, not right; for the reason necessary to deliver himself of the views which his speech on that occasion, and being ready, enthat we had not sufficient notice given to us so as he entertains, according to the sense of responsi- | tered the House. Mr. Lee, being a leading memto have a consultation with our friends to prepare bility he confesses, for the instruction of the Sen ber of the New York delegation, sat beside him. our line of action. We told them that it came ate, and for the information of the country, and Mr. Everelt opened the debate on the presentaupon us by surprise late in the afternoon. If you his own justification to his constituents, acting in tion of the memorial in a very effective manner. had given us notice this morning that this was good faith. You may go on with the crushing He said that the sun of yesterday morning looked your intention, so that we could have had a meet process, but it will come to that at last, that every upon a great and prosperous city; the sun of this ing and consulted on the subject, we should have member will perform that duty, and he will do | morning looked down upon the same city, and been able to give an answer; but that being im no more-he will do no less. You may reverse the disclosed fifty acres of it covered with ruins. My possible to-night, all we have demanded was to screw and suspend the crushing process, and you excellent friend, Mr. Lee, rose and begged leave be allowed an opportunity for consultation in the will arrive at the same result, and I think in the to correct the honorable member: it was fifty-three morning; and then, if we failed to agree upon same time.
acres and a half. (Laughter.] terms, it would be a fair contest, and we should Now, sir, this crushing process has no terrors I will not dispute about fractions of time upon have no complaints to make if the majority should for me; I am used to it. I have been here eight | such a question as this; but, sir, I wish to correct exercise its rights and powers; but we did com years; this is the ninth year of my service in this the idea that this debate began in the month of plain that this contest was sprung upon us at the body; and I have been crushed continually; but December, or could have been begun in December. hour of the day it was. I now understand from notwithstanding all that I find that the party or The question is, whether Kansas shall be admitted the Senator from Louisiana that our idea is one the interest that has been crushed out here has into the Union under the Lecompton constitution? that he does not seem to think is very unreason grown larger and larger just in proportion as mad- || No man pretends, or did pretend, that the Leable.
ness has directed the force and pressure of the compion cou itution ought to be, or could be, Mr.SEWARD. I am not going, Mr. President, screw; and that on the other hand the screw has submitted to Congress, until it was here, or that to-night, to undertake to make an agreement for grown weaker and weaker. If I wanted perverse. it could be here until it was brought here, and my associates on this side of the Chamber, and I ness to be gratified with a speedy punishment, I that could not be until after an election held on am not going to consent that they shall make an should invite gentlemen to go on with this op the 21st day of December, in the Territory of agreement for me. I take that stand upon this pression and force a conclusion under the circum- | Kansas. For aught we knew, the constitution ground, that it is confessed and avowed that the stances of this case, for I hold it to be most un might be rejected in the election which the conparty which supposes itself to be in the majority reasonable as well as most unwise. This drbate vention itself had appointed. We did not know in the Senate has had a consultation, a delibera- | involves the admission of a State into this Union, || but that the people might determine not to have tion to-day before we met, and determined upon or the rejection of an application for admission. | it with slavery, or without slavery, or either way. its course, and that by degrees as the debate pro Such a question, if you except the question raised What the constitution was, was not known. The ceeds in this Chamber it is disclosed partially and under the Topeka constitution, has not been here President forestalled our action by recommending problematically and suppositiously that the ques since the year 1850. At that time, the admission to us that we could settle this great disturbance tion is to be taken to-night, unless the minority of the State of California, together with the organ- || in the country by waiving the objections which withoutan opportunity forconsultation other than ization to be provided for the government of the would exist when the question should come becan be afforded here in the Chamber, will agree
Territories of Utah and New Mexico, came be fore us. Then, after the election was held on the upon a day when the vote shall be taken. fore the country and the Senate under circum- || 21st of December, every one knows that it was
Now, sir, I should be perfectly willing to fix a stances not dissimilar. Then, sir, wise men, fourteen days before intelligence of the result of day when the question is to be taken, if I could; strong men, great men, were here, and they un that election reached here, or before this constiI am perfectly willing to consult on that subject; dertook to bring into the Union the State of Cal. lution could get here; and then it was delayed I should be perfectly willing to undertake to fix ifornia with conditions, which, in their judgment, because the Legislature of the Territory had apa day, if there was an opportunity for such con the interests of the country under the circum pointed another election to be held on the 4th sultation as I know to be necessary on the part stances required. A desultory debate on that day of January, in which the question whether of those with whom I am associated here, to de- || great question began on the first day of the ses the Lecompton constitution should be adopted or termine and give an honest, direct, manly answer sion, which was, I think, the 1st day of December, || rejected was submitted to the people of Kansas; to the proposition. I know that is impossible 1849; and every Senator was promised by the and the president of the convention, who was to now; it has been all day, for as you see, taken by great leader in that movement, and the promise report whether this constitution was accepted or surprise, a portion of our members are absent. was faithfully kept, that he should be heard on rejected at the previous election, remained in the Mr. DIXON. A large portion.
that question, and when all were heard the vote Territory with the constitution until after the Mr. SEWARD. A very considerable portion
should be taken; and the bill for the admission of election on the 4th day of January was held; and of our members are absent: some are away from the State of California passed the Senate on the so it required fourteen days more for intelligence the city; others are absent from the Chamber on 13th day of August, 1850. This debate began on to reach us here of the result of that election, and account of sickness. There is no possibility of the 1st day of March, and not before—just fifteen for the constitution to be received here by the our answering the proposition made to us to days ago, and of those fifteen days ihere have President of the United States, and to be transnight, unless a minority of our own party shall been two Sundays, thus reducing the number to mitted to the Senate. undertake to determine the course of action by thirteen; and there have been two week days Were we, then, to debate that hypothetical queswhich we shall be bound when the others come when the Senate was not in session, and for the tion; and, if so, under what state of facts? If so, in. In regard to those who are here and those failure of the Senate to sit during those two days | why was not the subject referred to the Commitwho are absent, it is a matter
of calculation how the majority of the Senate is responsible accord tee on Territories in the beginning of December; many gentlemen wish to be heard, and how long ing to the confessions of the leader of the ma and why did the Senate wait and suspend all offithose gentlemen will desire to speak; how much jority.
cial action upon it until the constitution was retime they will occupy in delivering their views; Thus it appears that eleven days have been al ceived here, and then refer it to the Committee on and from the aggregate of that time must be de lowed to this debate when there are twenty Sen- Territories? Was the reference a mere mockery, ducted the time which may be reasonably allowed ators, all of whom desire to be heard in opposition; or did the Senate mean that its committee should for the answers which may be given on the other twenty Senators opposed to the measure, bound examine the subject, and recommend a bill for the side of the Chamber to our arguments. Every by their consciences, bound by their responsibil- consideration of the Senate? The Senate acted suggestion that has been made I have met directly ity to their constituents, bound by the expecta- in good faith, and the committee acted in good and distinctly by saying that I was unprepared; | tions of those constituents to protest against it and faith. I do not know on what day the bill
was that I could not be prepared; that
, sitting here to assign their reasons for opposition. Eleven introduced; but the question was not before the and watching to take care lest the main question days is entirely too short for such a debate, if you Senate, so that it was proper, so that it was in itself might be taken if I were absent for a mo allowed the whole of that period to the Opposition; 1 order to debate the subject, or so that a practical ment from the Chamber for consultation, it is im- ' and yet of those eleven days more than one half, Il legislator would debate it unless he had special
35th Cong....1st Sess.
Kansas--Lecompton Constitution~Mr. Brown.
reasons for departing from his customary course the progress of business was concerned; in other what could be done, what they would agree to
Mr. KENNEDY. I merely wish to make a consider it from day to day, until every member Mr. DOOLITTLE. Will the Senator give way remark for my party.
The American party do of the Senate having a desire to be heard on the to me for a moment?
not mean to be factious in regard to the decision subject, and acting in good faith, should be heard; Mr. BROWN. Certainly.
of this matter. They have no particular views to and then, without surprise, the question should Mr. DOOLITTLE. The honorable Senator | press upon the Senate, and they are prepared—I be taken. So the debate began on the 1st day of from Mississippi will bear in mind the important am at liberty to say so for them-to vote io-night
, March, and it has gone on until to-day, when, for fact that, while we represent one party, there are, to-morrow, or any day when it may be the pleassome unexplained reason-I think unexplained so to speak, two other parties to be consulted. ure of the Senate to take the vote. The American the majority of the committee, or, as gentlemen There is the American party-the Senator from party do not want time on this question. We imply, a majority of the Senate, are inclined to Tennessee, (Mr. Bell,] the Senator from Ken have been worn out with it already. The inter. bring this question to a vote now. Well, sir, I tucky, (Mr. CRITTENDEN,) the Senator from Tex ests of the country are suffering. am to assign the reasons why I think it is not (Mr. Houston,) and I include also the Sena Mr. DOOLITTLE. Will the honorable Senbest to come to a vote now.
tor from Maryland (Mr. KENNEDY) in the call of ator allow me to ask him a single question ? There are a large portion of the Senators who the roll of Americans.
Mr. KENNEDY. No, sir; I cannot. The have not been heard, and who are entitled to be Mr. BROWN. Never mind them. So far as Senator from Mississippi yielded the floor to me, heard, and who desire to be heard, and who, there the Senator from Texas is concerned, you need and I cannot yield it to anybody else. I only say fore, ought to be heard on the subject. Then the not give yourself any trouble.
the American party does not ask time in order to question recurs, why shall they not be heard to Mr. DOOLITTLE. There is also another be ready for the vote on this bill. We are prenight. The answer is, that our entire experience party, and an important party, to this question, pared to vote now. shows that it is impossible for Senators to deliver in the Senate; and that consists of those who have Mr. BROWN. If Senators will allow me to themselves during the night, after the fatigues of acted hitherto with the Democratic party, but on conclude I shall say in a very few words what I the day, devoted to the public business in such this question do not act with them the honor-designed to say in the beginning. First let me a manner as to discharge their duty satisfactorily able Senator from Ilinois, (Mr. Douglas,] the recapitulate; for what I said at the outset has alto themselves and to their constitúents, and use honorable Senator from Michigan, (Mr. Stuart,] ready, perhaps, escaped the recollection of genfully to the country. That, however, is not the and the honorable Senator from California, (Mr. || tlemen. I understood the two Senators from only reason. It is but to substitute the form and BRODERICK;) and certainly, before we could-men Maine to state a proposition which had, to a great the mockery of a debate for an actual debate when | tion a time definitely it would be necessary that extent, the approbation of my own mind; and you say that Senators shall speak under such cir we should have a little time to consult with those that was, that the opposition to this bill, whether cumstances as these; for the moment a Senator | gentlemen on this question. As they oppose the you call it the Republican party, or the Repubrises to address the House under such circum- | measure, perhaps we should expect to consult | lican party with its allies, some Americans, and stances, all the chairs are vacant; the Senators are with them as well as with our friends, for we do some Democrats-I mean all opposed to this bill not here to hear. They are here to wait without not know how much time they may desire to oc -should have a consultation, and conclude that hearing, until the empty form of a debate has been cupy in this debate. We have no desire to post they could take the vote on Monday next, or that gone through, by addresses to empty seats, and pone this question factiously, but to give a fair | they could not, and if they could not, they would then they can take the question. It is, therefore, opportunity for the discussion of the question; notify us to-morrow morning, and that being so unreasonable. and on consultation, as we can have the consult notified we could then proceed to-morrow to make
40. T I should not have dwelt on this subject at so ation doubtless to-morrow, we can give an answer this a question of physical endurance, if we chose much length, had it not been that a purpose or which will probably be satisfactory.
to do so; and that on their part, if the proposition expectation seemed to be manifested on the part Mr. BROWN. Mr. President
to take the vote on Monday next failed, they
DIO of the majority to submit a case to the country on Mr. HALE. Will the Senator hear me a mo would not, so far as they as gentlemen are conthis question. I have, therefore, shown the rea ment? I wish to make a suggestion.
cerned, resort to technicalities, calling the yeas sons why I shall vote for the postponement of Mr. BROWN. Certainly.
and nays upon motions to adjourn, and to postthis bill until to-morrow; and I close with giving Mr. HALE. I want to have this matter dis- pone, and so on, so as to delay ihe taking the ques- 329.764 my assurance, as far as I can do so in the absence posed of as much as anybody, and I accede to the tion; but that, so far as they as gentlemen are conof any consultation, that the subject shall be proposition that has been stated by the Senator | cerned, they could come here to-morrow with an taken into consultation to-morrow, when the de- from Mississippi as made to the Senators from honest purpose either to take the vote before we bate can be closed, and then an honest, direct an Maine, so far as I am concerned.
adjourned, or prepared to give a party pledge that swer shall be given in good faith, by which I Mr. BROWN. You cannot.
it should be taken on Monday. 'So I understood suppose all parties making it will be willing to be Mr. HALE. I can and will. But I wish to the two honorable Senators from Maine; so I bave bound; but for myself I do not require it, I do not suggest to my honorable friend from Wisconsin | understood other Senators on that side. need it, and it is left to the judgment of the Sen that I have no doubt ultimately-ultimately, I We on our side have proposed to do-what? ate. If it come to a question of physical endur-say--we shall have to take care of the American To take the vote at any time during this week. I ance, I shall not shrink from enduring.
party and these seceding Democrats; but we have think our friends have been prepared all the time Mr. POLK. Why not let the gentleman from not yet. (Laughter.]
to say that, while we want the vote to-day, and New Hampshire close to-night?
Mr. KENNEDY. I cannot consent for one would greatly prefer to have it on Thursday at Mr. SEWARD. Let him close when he can moment that the gentleman shall ever take care the latest, still we are willing to concede as far as get the floor. of the American party.
Saturday. Then the extreme of the two propoMr. BROWN. An hour ago I had some hope
Mr. HALE. I know that the Senator will not
sitions, as I understand them, is between taking that, by a prudent and proper suggestion, we consent, and the time has not come for it yet; but the vote on Saturday and taking it on Monday; could come to an understanding of this question, I say it will be so ultimately, because we have our extreme proposition, up to this time, being a and get along with this business without weary;
been told here, I have been told a hundred times, vote on Saturday, and yours being on Monday. ing and fatiguing ourselves, by sitting here all that the country would not stand more than two I submit that, upon such a difference, it is hardly night. All must see that this is an exceedingly parties. I see in my eye now a very honorable necessary for Senators to be wearying themselves senseless proceeding. It results in no good. We Senator, (Mr. Bright,) who sometimes has been here in the witching hours of morning, and wholly weary ourselves and do no benefit to the country. taken for me, he looks so much like me, [Laugh- unpreparing themselves for to-morrow's busiI confess that the remarks of the Senator from ter,] who suggested that I did not belong to a ness. I believe honorable gentlemen will do what New York have somewhat shaken my confidence ! party having a sufficiently healthy organization to they say they will do. The honorable Senator in our ability to come to a proper understanding, i he put on the tail end of the Committee on Public from Maine Mr. FessENDEN] and myself differ because his mind seems to be in doubt as to what Buildings and Grounds. He said there could be in politics; but never, within my knowledge, has his party friends will agree to.
When I heard but two parties in the country, and at the time to he sacrificed his word; and, in my opinion, he the two Senators from Maine, their views ac
which I allude, I did not belong to a healthy or never will. His colleague (Mr. Hamlin) has corded with my own as to what has been the prop-ganization. [Laughter.] I do not pretend to say never deceived me, so far as his personal honor osition submitted on the other side. I will restate we are in a situation now to take care of these se. is concerned; and I am not prepared to say that it, and those Senators shall testify as to whether I ceders, but ultimately we shall have to do it, and he ever will. Other Senators on that side-I may am right or not; because if I am right, I mean to we shall deal liberally by them all. Now, however, name the honorable Senator from Michigan (Mr. give my commendation to the proposition. I un we can only speak for ourselves. I think
it is in- Chandler]-have given a like pledge. I believe derstood them to say that on to-morrow morning judicious in my friend from Wisconsin, if he will that they will come here to-morrow to redeem they would have a full consultation of their allow me to say so, to undertake at this stage to the pledgethe pledge that we shall either have friends, and determine that they would take the make this provision for them, but we can only the vote on Monday, or be notified by them to vote on Monday next; or, if that could not be speak for ourselves; and I will say, for one, that'! morrow morning that it becomes a question of agreed upon, they would then notify us, the ma agree to everything the Senator from Mississippi | physical endurance; and for this night's delay jority, on the meeting of the Senate to-morrow,
certain members of the party pledging
themselves that they did not agree to it; and that we might Mr. BROWN. I did not understand that any that they will unite in no factious opposition, but after that either sit it out or not as pleased us, and one here was stipulating or proposing terms which let the debate go straight
on--if we want to speak, that they would make no opposition so far as call were to be absolutely binding, but that the other let our side speak; if they want to speak, let their ing for the yeas and nays, and resorting to tech-side proposed to hold a meeting to-morrow, or, side speak; but refusing io coöperate in any propi nical motions under the rules of the Senate to avoid ) in some way suitable to themselves, to ascertain osition to postpone the vote factiously. I think
HET. W TERON
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35th Cong...1st Sess.
Kansas—Lecompton Constitution—Mr. Trumbull.
the proposition a fair one. I am not authorized of this Union; and I would sooner die in my seat need not ask how many more will say that. If to make any proposition or any motion here; but than that either my constituents or myself should the gentlemen who act with me on this side of no caucus resolution, no obligations to party, can be humiliated in this way. What! ialk here, in the Senate, when they hear me say that that is prevent me from saying what I believe, in a case the Senate of the United States, of crushing out my understanding, and that for myself I will not like this, ought to be done. I think my party
Senators! In this place, where men meet as peers, be a party to any such thing, do not rise in their ought to accept this proposition.
the representatives of the sovereignty of States, places, and say that they disagree with me, I hold, Mr. PUGH. If the Senator thinks so, I will to decide upon the most transcendently import- in the ordinary course of proceeding, that they move to adjourn, as I am under no such obliga- | ant question that has ever come before the Amer- accede to the promise which I have thus publicly tions. If he says he is satisfied, I will make the ican people, thinking honestly that it is their duty offered. motion.
to argue the question in this high forum, they are Mr. BROWN. Among gentlemen I so underMr. BROWN. I do not ask the Senator to driven into the night, and finally told they are to stand it. make any such motion; nor will I yield for that be crushed beneath the heel of this majority! Sir, Mr. FESSENDEN. That was my underpurpose.
I will die in the Senate Chamber before I will standing. I need not repeat it. It was stated corMr. PUGH. I thought the Senator appealed to make any compromises with men under such cir- rectly by the Senator from Mississippi. some gentleman who was free to make the mo- || cumstances. It is true, my health is not good, Mr. MASON. If I understand the honorable tion, to make it.
but I cannot be brought to compromise a question | Senator from Maine correctly, his suggestion is, Mr. BROWN. I am speaking simply for my- | of this kind. I tell the Senator from Georgia, you that if the Senate now adjourns, those with whom self. If there is anything like a tolerable under- cannot crush me out; you cannot conquer me. he acts politically will confer together to-morrow; standing
You may bring a majority here to outvote me, and thai they will not propose to put off the vote Mr. GREEN. There is none.
and you may do it under the rules of the Senate, on this question later than Monday; and if they Mr. BROWN. I think there is. I differ with in the best way you can; but, so help me God, I find they cannot agree on that, they will so inform Senators. When honorable gentlemen come and will neither compromise nor be crushed. This is us, and leave us to take our own course. say they have consulted with their friends, and what I have to say.
Mr. FESSENDEN. That is it exactly. that there is a partial agreement to such an ex- Mr. STUART. I wish to say a word or two, Mr. MASON. Then I move that the Senate tent that it can be carried out, and will be carried not because I think I have been hit it, in any adjourn. out among honorable men, I am confident they | allusions to faction-not at all; but I desire at the Mr. GREEN. It would be better to postpone will do it. The Senator from New York, I con. proper time, with the leave of the Senate, to re- the subject until half past twelve o'clock to-morfess, in the outset of his speech, did a little shake view some of the reasons which have been given row before adjourning. my confidence, because I'know his potent influ- in favor of this measure, to show wherein I ihink Mr.WILSON. That is the pending motion now. ence with his party friends-an influence to which they are without foundation. That I intend to Mr. TOOMBS. I ask for the yeas and nays he is fairly and justly entitled. His talents, ex- | do; but so far as the present question is con- on the motion to adjourn. perience, and seniority here, entitle him to weight cerned, I desire to say to gentlemen, in conse- Mr. MASON. I withdraw the motion to adand influence with his party; and I know he has quence of what has been remarked by the Sena- journ; and move that the further consideration of it. He said he could enter into no agreements tor from Wisconsin, that in any consideration the bill be postponed until to-morrow morning at which could bind his friends, and that his friends which may grow out of an attempt at an arrange- half past twelve o'clock. could enter into no agreements which could bind ment, (in regard to which, by-the-by, I think The VICE PRESIDENT. That is the motion him. Those were potential words, coming from the Senator from Mississippi is eminently cor- now pending. that source. My friend from Michigan (Mr. |rect,) they need make no count of me. Lei Sen- Mr. TOOMBS. I ask for the yeas and nays on STUART) suggests that he said he could not do it ators on the other side of the Chamber consult that. to-night.
among themselves, as they are the faction that it The VICE PRESIDENT. The yeas and nays Mr. SEWARD. That is it. I said that to-night seems are to be crushed out, or something else have already becp ordered. I could not make arrangement to bind others, nor done with them. They need not count me at all Mr. HAMLIN. I do not wish to be placed in others to bind me.
in the arrangement. I have very great respect any wrong position here. I want to understand Mr. BROWN. I do not understand any of the l for all those gentlemen, not only for their good others, and I want them to understand me; and Senators on the other side to enter into any posi- | intentions, but for their ability; and I believe then there will be no disagreement. I said, and tive agreement by which they are to be bound to they will consider the subject in the spirit of faith I repeat, that I will use my individual efforts to take the vote on Monday, but that to-morrow and fairness that they say they will.
produce the assent of my friends on this side of morning they will either give us notice that they Now, sir, I wish to say a single word to the ihe Chamber to agree to take this question on will do it or not, ("That is it,'') that having had || honorable gentleman from New Hampshire, (Mr. Monday next, Give us time to consult; and, a fair consultation among themselves they will HALE.) In a flow of his unbounded generosity, || when we come together, and learn how many give us notice what they are going to do.
he said that ultimately-that is a great while, there are who desire to address the Senate, we can Mr. GREEN. That will not do.
sir-he expected to take care of the honorable tell when the debate will end. My impression is, Mr. BROWN. My party friends some of them Senator from Illinois, my bonorable friend from that we shall fix not later than Monday; but, if say they will not stand this. I am not going to California, and myself. I merely desire to say we fail to meet that proposition, and to-morrow submit any motion. I simply say that I think the to him, through the Chair, that when I desire him you undertake to drive us to a vote, I do not mean proposition is a fair one, and it ought to be ac- to do that—that is, when I find myself unable to as a Senator to yield up my constitutional rights cepied. It commends itself to my judgment. take care of myself [laughter)—when that time here, or rights which I am entitled to by parliaMr. GREEN. Who made it?
arrives, I know of no gentleman under the pale mentary laws. I do not wish to be misunderstood. Mr. BROWN. Senators on the other side; as of whose mighty influence and ability I would Mr. PUGH. Then we might as well sit it out
sooner seek shelter than the honorable Senator i to-night. differ with us in political sentiment, but I am not from New Hampshire. [Laughter.]
Mr. TRUMBULL. I should not have considto assume that they would violate their plighted Mr. FESSENDEN. I desire to say a word in ered it necessary to say a word, but for a remark faith as men of honor given in the presence of the response to the Senator from Mississippi, in vin- which fell from the honorable Senator from Senate, and to the world. I do not believe it, and 'dication of myself. I did state a proposition as Maine. I do not mean to consider myself comI will not believe it, until the thing has been done. he states it; and I am now willing to resiate it. Iti milled by the remarks of any Senator made upon
Mr. CAMERON. If the Senator from Mis- was this: if the Senate choose to adjourn, (al-this foor, unless I state thai I concur in them. I sissippi will give way, I will answer the question though this is a much later hour than that at shall not yield my assent to them; and when my of the Senator from Missouri as to who said so. which the proposition was made,) and give us an associates and those with whom I act think proper I said it for myself two hours ago.
opportunity for consultation in the morning, I to state their views and what they will do, it Mr. GREEN. Who speaks for the party? was willing to consent that, if we could not agree | might be understood that those who do not rise
Mr. CAMERON. I said then, as now, that I to take the question finally on Monday, I would to disclaim them are committed by them. I have for one would in good faith go into consultation then notify Senators of that fact; and we should already said that I did not believe there would be with our friends to-morrow; we would debate the have no complaints to make of them if they in- any factious opposition, or any disposition to dequestion, decide, and bring in a fair answer; we sisted upon sitting until the question were dis- lay this question unnecessarily; but I would much would either agree to fix a day when we should || posed of. The Senator inferred, from my saying prefer, I must confess, to see gentlemen acting bring the debate to a close, or else tell the other lihat I should have no complaints to make, that I upon their individual responsibility and honor as side that we could not do so; and after that we would not resort to motions to adjourn, and mo- to their course in the Senate, rather than to go into should be governed by what the majority thought || tions to postpone, and other motions, in order to arrangements either of their own political friends proper.
protract time. I so understood it; that was my or to be driven by their political opponents to make Mr. BROWN. I have said about all I care to intention. I said it, deeming myself authorized their speeches in any given time. I think the assay. I simply declare to the Senate and to my to say it by several of my political friends in the surance given by the individual members of the party friends, that this proposition seems to me Senaie. They agreed with me in that course. So | Senate upon this side of the Chamber ought to to be fair, and it ought to be accepted. I submit | far as I am concerned, that being my understand have been satisfactory to the other side, for nearly no motion, however, because I am not authorized | ing, I assure gentlemen that if they come to that every Senator here has expressed his opinion for to do it.
conclusion, and if we do not agree to take the vote himself, and stated for himself, that, so far as he Mr. WADE. Mr. President, I believe that I finally on Monday, and so notify them, they shall was concerned, he was not disposed, nor would words threatening to crush us out were used in the have no motions to adjourn-I mean mere dila- he unnecessarily delay this matter, unless the at: Senate to-night; and, so far as I am concerned, all tory motions, factious motions, to adjourn, &c., tempt was made to coerce him unreasonably. I hope of reconciliation with me is gone until these from me; nor shall my vote be given in support should not have said this much but for the rewords are withdrawn. I can sit here and be out- ll of any such factious movements.
marks of my very honorable friend from Maine, voted, but I cannot be conquered or crushed out. Mr. PUGH. How many more will say that? | which might leave a wrong impression not only I stand here the representative of a sovereign State Mr. FESSENDEN. The Senator from Ohio on the present occasion bui on others.
homorablemen, my Serientars. you ander. siden
35th Cong....1st Sess.
Kansas—Lecompton Constitution—Mr. Pugh.
Mr. FESSENDEN. I wish to remark, in or- made professedly for delay, I was determined that The Senator from Mississippi has expressed der that my friend will understand me, that I my physical strength should give way before I himself here, I think, as being satisfied with our speak for myself only:
would submit to it. I will submit to the lawful position upon this matter. He says that our reMr. PUGH. I am very sorry that within the orders of the majority, (and I am one of the mi- il quest to have an opportunity to meet for consultlast five minutes the hopes which I had of an ad- nority,) but I will never submit to the orders of ation to-morrow morning, is a reasonable one. journment have passed away; but certainly, al- a minority in anything, neither lawful nor un- Now, sir, I wish to say another thing. The though I have no doubt the honorable Senator lawful; and whenever the attempt is made by Senator from Illinois, (Mr. Douglas,] it is unfrom Maine would be quite as good as his word, mere repetition of motions, or calls for the yeas derstood, wants to speak upon this question. For he is not authorized to speak for those who ordi- and nays, I will sit as long as my colleague will days he has been confined io a sick bed. I learn narily act with him. Now what does the assur- sit here before I submit.
from him that he cannot possibly speak this week; ance which has just been given by the Senator Now that gentlemen on this side say there are that it is barely probable that he could speak on from Illinois and various other Senators amount to be sixteen speeches made, and gentlemen feel the last day of the week, but that he undoubtedly to? It is a general suggestion that they have under no obligation of honor, under no obliga- could on Monday next. The Senator from Ohio no disposition to delay unnecessarily; and they tion with reference to the business of the coun- says that if we can close this debate in eight or couple that with what is claimed by the Senator try, under no obligation to the impatience of the ten or twelve daysfrom Massachusetts and others on this floor, that great majority of the Senate to vote, to contract Mr. HALE. Two weeks. every Senator has a right to express his opinions their speeches, if those sixteen speeches are to be Mr. WILSON. He says he does not object upon this bill; to express them, as they say, at three hours or four hours long, apiece, I would | if we fix some reasonable time. I have no doubt reasonable hours, and at his own length. Why, as lief hear them now as during the next two under heaven that we could close it in six days. sir, half a dozen Senators have spoken two days weeks. But I have confidence in honorable gen- I am ready to meet at twelve o'clock daily, and on this question. That was their own length and tlemen, if they will indicate to me any ultimate go regularly on with the subject until six o'clock at hours which they chose. There are sixty-two time—if they say that this vote shall certainly be in the evening. The Senator wants to know how members of this Senate, and according to this ex- taken within ten days, or certainly be taken | long the speeches are to be. I have made inquiries traordinary proposal, every question should be within two weeks, I'am satisfied. What limit of members of the Senate in regard to the speak. debated one hundred and twenty-four days. have we? Sixteen speeches are to be made, says ling. As I said, I find that fourteen members are
Now, sir, I want to deliver my views on this the Senator from Massachusetts. How long are preparing to speak in opposition to this measure. question, but if the mujority in the Senate are they to be? The Lord only knows. If that be Some of them are ready to go on now; others will ready to act, they have the right to act without the case, I had as lief sit here to-night, uncom- be ready to do so in one or two days. I suppose hearing me. I do not understand that the Gov- il fortable as it is to me, as to adjourn over in this those speeches will not average two hours apiece. ernment of the United States keeps a debating uncertainty. Therefore, I insist that if no other I think some of them will not exceed one hour, society here for gentlemen to make speeches to gentleman will make the very honorable and very or an hour and a quarter, or an hour and a half. the country. I understand that it has sent men fair proposition of the Senator from Maine, for I think the majority here ought to have confidence, here to do the legislation of the country; and when which laminfinitely obliged to him individuallyafter the declarations made that there will be ata those who are responsible for the legislation are if the rest take refuge under the generalities ut- shall be no factious opposition, if we have a fair ready to act and have the power to act, whether tered by the Senator from Illinois, that the ma- opportunity; and all I ask is an opportunity to I am one of the majority or one of the minority, jority of this body, anxious to press the public meet to-morrow morning and consult. We will that is not one of my rights. My right is to voie. business, will find that the word of promise may then give a frank and manly answer, That right cannot be taken from me.
be kept to the ear, but broken to the hope-I The question being taken by yeas and nays, As to this assertion of the right of Senators to hope that there will be no adjournment unless we resulted-yeas 18, nays 23; as follows: speak for two days on every question—to begin come to better terms.
YEAS-Messrs. Broderick, Chandler, Clark, Dixon, Dao at one o'clock on every day, and speak until four Mr. MASON. I do not know whether the little, Douglas, Fessenden, Foot, Foster, Hale, Hanna, or five o'clock, and then adjourn over--why, sir, pending motion to postpone this subject until to
Harlan, King, Seward, Stuart, Trumbull, Wade, and 19.no business would be done in this Government, morrow at half past twelve o'clock is mine or
NAYS-Messrs. Allen, Bayard, Benjamin, Biges, Bister, no business can be done with such obstructions another gentleman's; but if it is mine, I withdraw Brown, Fitch, Green, Gwin, Hammond, Johnson of Aras these. There is no such right. I claim none it.
kansas, Johnson of Tennessee, Jones, Keanedy, Mall., for myself, and I am the peer of any Senator on
The VICE PRESIDENT. It was made by Jersey, Toombs, and Wright—23.
Mason, Polk, Pugh, Sebastian, Slidell, Thomson of New this floor. I represent as inuch sovereignty as he the Senator from Massachusetts. does; but on any question where I am in the ma- Mr. MASON. I thought I proposed the mo
So the Senate refused to postpone the consid.
eration of the question. jority or minority, I do not claim it. I disclaim it, tion.
Mr. SEWARD. I move that the Senate adto stand here and talk against time, day after day Mr. WILSON. But a single word in reply to and week after week, in order that my speeches the Senator from Ohio. The Senator speaks with
Mr. BROWN called for the yeas and nays on may be taken down by that gentleman, and dis- some degree of feeling. Now, Mr. President, I tributed throughout the country. If gentlemen
the motion, and they were ordered; and being am free to say that if I was in a majority, and want to talk, let them talk to their constituents,
taken, resulted-yeas 18, nays 22; as follows: sustaining any measure of public policy here with and at their own expense. I say I do wish to the responsibility that belongs to a majority, I
YEAS-Messrs. Broderick, Chandler, Clark, Dixon, De
little, Douglas, Fessenden, Foot, Foster, lale, Hanlia, speak on this question; but if I find the majority should feel under obligations to press the matter Harlan, King, Seward, Stuart, Trumbull, Wade, and a of the Senate impatient for the question, and properly along. I have no complaint to make of ready to vote on the question, I will give up my that; but, as has been stated to-day, over and over
NAYS-Messrs. Allen, Bayard, Benjamin, Biggs, Big, speech. If I cannot get a chance to make it some again, there is no disposition on the part of the
Brown, Fiich, Green, Gwin, Hammond, Johnson or
kansas, Johnson of Tennessee, Jones, Mallory, Maste, other time this session, I will go and make it to the minority in this body to throw any unnecessary Polk, Pugh, Sebastian, Slidell, Thomson of New Jersey, people of the State of Ohio. Therefore it is, that obstruccions in the way of the majority. I think Toombs, and Wright-22. when gentlemen assert that a great outrage is per- the Senator from Ohio, and all other Senators, So the Senate refused to adjourn. petrated on this or on any other question, it only ought to be willing to take the responsibility, as Mr. DOOLITTLE. If the Senator from New amounts to this: that in making their speeches the majority of this body, to adjourn over and post- Hampshire will allow me, I had intended to subthey are not allowed to select their own days, their pone this question until half past twelve o'clock | mit some remarks on the motion to postpone thu own time, and their own length, and to begin from tomorrow, and give us of the minority, who | question until to-morrow, and for the purpose of the very foundation of the world on every subject. never had any consultations at all upon this ques- || making them, it will be necessary that I should
Sir, I have had the honor of a seat in this Sen- tion, an opportunity to come together as we have make a motion to postpone the further considerate something more than two years, and I have proposed to do, and already indicated to each | ation of this subject until to-morrow at half past heard speeches made here this session-twice other.
twelve o'clock. I make that motion, as I desire made-that were made five or six times over dur- Mr. PUGH. I ask the Senator why they did to submit some remarks upon it. ing the last Congress. I name no gentleman; but not have a consultation? Does he not remember Mr. GREEN. I rise to a question of order. I have heard the same speech over and over and the notice given a week ago by the Senator from The VICE PRESIDENT. ' The Senator will over again. I do not know but what I could make Missouri that an attempt would be made to take state his point of order. it myself from memory. Sir, it is no debating of the vote to-day? Why have you not consulted ? Mr. GREEN. I raise the point of order that the question. We cannot have a question of the Mr. WILSON. I will tell the Senator from this motion has just been voted down, and that present condition of the bill for the admission of Ohio why we have not consulted. We held con- an adjournment has been voted down, and that Kansas brought up but we must have gentlemen versations with several gentlemen on the other no motion has intervened. go back to the ordinance of 1787, to the Dred side, leading men upon that side of the Chamber, The VICE PRESIDENT. The motion to ad. Scott case, to the old black-letter English law, and we were told it could not be expected that the journ intervened. and spread out over any number of hours; and if | vote would be taken to-day; but they thought it Mr. GREEN. I know it did; but no proceednot allowed to do it, then a great outrage is perpe- could be taken this week. Why, sir, I had a con- ings intervened. trated.
versation with the distinguished Senator from Mr. POLK. If the Senator from Wisconsin Now, sir, I said to-night that I wished to give Virginia, (Mr. Hunter,] on Friday or Saturday will allow me, I will state that I am inclined to the Senator from New Hampshire, because he last, in which he said he thought we could take think, if the Senator from New Hampshire is alwas a new member of this body, the utmost limit the vote this week, but that it would not be taken lowed to go on to-night and finish his speech, that that has ever been conferred on any Senator with- to-day. I did not dream of such a thing, and I the Senate is disposed to adjourn and take the in my memory, and I voted to adjourn two or wrote to my colleague that the vote in all human chances. three times, and several times did not vote. But probability could not be taken until the close of Mr. CHANDLER. Will you pledge your side when I saw those who are the minority, endeav- | the week, and if he got here on Thursday he to do it? oring not to spend the time which was given in would be here in time to vote on the question. I Several SENATORS. No. debating the question, but in frivolous motions, wrote to him this morning.
Mr. POLK. I think it would be a good oppor.
35TH CONG....1st Sess.
Kansas-Lecompton Constitution-Mr. Clark.
tunity to take the chances of the gentlemen on the speech the Senate will adjourn, I have no dispo- | is certainly to me a very singular one-that conother side being able to-morrow to indicate to the sition to prolong it. I will meet them half way; stitution which was “ done at Lecompton on the Senate what conclusion they have come to if they but when they show me their foot or their heel, | 7th day of November." Since then, it is known come to any conclusion, and I believe they will I will show them my foot or my heel, and I will that the free-State Legislature of that Territory have come to a conclusion. If they shall not have stand in my place, and they cannot drive me from has been in session. It is known that they have come to a conclusion then, I think we should sit || it, nor kick me out of it. Gentlemen may just as repealed, or attempted to repeal, certain laws it out, and several of them have said they would well understand that in the beginning as not. It | there; and yet this Lecompton constitution, by a not feel it harsh if the majority then compelled is about time that this talk of crushing out should | single provision, reënacts, or attempts to reënact them to sit until the vote was taken on this ques- || be stopped. It does not become, in my judgment, | and put in force those laws. It contains a protion. I hope, therefore, that the Senator from honorable Senators, either to utter or to hear it. vision that all the laws of the Territory in force Wisconsin will not now press his motion, but will One thing I am sure of—it is to be a very diffi- on the 7th day of November, 1857, shall be in withdraw it, and let the Senator from New Hamp- || cult process. The man who attempts it will find force when this constitution takes effect. Then, shire finish his speech, and then the session for to- | that he has as much as he can do for one genera- || if, in the mean time, the free-State Legislature, or night can be closed. tion.
any other Legislature, should repeal part of those The VICE PRESIDENT: The Chair calls the I think, Mr. President, when I was stopped in laws, by the force of the constitution assuming attention of the Senate to the fact that the Senator | my remarks, that I was commenting upon the the powers of legislation, which I contend they from Wisconsin made a motion and has the floor. amendment of the honorable Senator from Ohio. have no right to do, they reënact those laws and
Mr. STUART. I hope the Senator from Wis- Here is the amendment of the Senator from Mis- || put them in force. I shall have an opportunity consin will adopt the suggestion made by the hon-souri, uniting the Minnesota with the Kansas bill. of addressing myself to that amendment by and orable Senator from Missouri, and let the Senator Upon that, at the proper time, I shall have some- by. I do not propose to discuss it at length now. from New Hampshire finish his speech and then thing to say. Here is the amendment of the I only mention it at this time that I may not seem we can adjourn, and that side of the Chamber | honorable Senator from Ohio; and upon that, at to have passed it over without any notice, and will can caucus as they propose to do.
another time, I will have something to say. I will give it further attention hereafter. Mr. DOOLITTLE. 'With that suggestion, I defer it now, because I feel I ought not, after the I had laid down various propositions in my own withdraw the motion.
manifestation that has been shown here, to delay | mind why I would not vote for the admission of Mr. CLARK. Mr. President, I may say to the Senate. Here is an amendment which I have Kansas under this Lecompton constitution. One Senators, if I had been permitted to have gone indicated that I propose to make; on which, at the of those reasons was, that it will not give peace along in my argument I should long since have same time when I offer it, I shall have something and quiet, and may engender civil commotion and concluded what I had to say; but I find no fault to day; and I have another amendment drawn up, war, destroy the confidence of many of our citiwith any Senator on either side of the Chamber. here in my drawer, which I am going to propose. zens in the Government of the United States, and The sort of by-play that has been carried on, if I | I have not asked to have it printed, because it is lead to mischief. I desire to discuss that propomay be allowed the expression, has given me a well known I am going to move to put on the sition for a short time, because I may not get anlittle opportunity to resi, though I am somewhat Kansas bill at the same time the old Missouri re- other opportunity to do so. Senators on the other in the situation of the boy who undertook to hoestriction, and I am going to endeavor to bring the side seem to think that Senators on this side want a garden, and when he stopped work to go to din- || Senate to vote upon it. I do not mean that the to prolong the debate. I do not desire to do so. ner, he left his hoe standing against a wall and matter shall be passed from before the Senate I only desire to say fairly, candidly, and clearly somebody stole it; and when he got back he || until all these amendments shall be separately what, in my judgment, is proper to the debate, did not know where to begin. I had gone along || and severally considered, and until we have the and when I have said that, I shall sit down; but through a part of my speech, and did not even set distinct action of the Senate upon the whole of I shall not sit down until I have said it. up my hoe, and I shall have to begin as best I them.
You may adopt this Lecompton constitution, may, and as near as I may to where I left off. I am going to pass them by now. I understand and the President says it will give you peace and
I want to say one thing to the honorable Sen- I shall be in order, when those amendments come quiet. In my judgment, I tell you it will give no ator from Georgia, (Mr. Toombs,) if he is in the before the Senate, to debate them. I do not mean peace and quiet. Bring peace to whom? Peace Chamber, in regard to the expression that he ut- to be factious, but I want to debate them fully. to the country? How so? What has been the tered here in reference to“ crushing out”this side There is another question which I propose to state of the country ever since you repealed the of the House. They tell a story in my country
debate now. I was about to go into an argument | Missouri compromise? and if you would go back about a gentleman, of whom we have all read, to show that under the provisions of the Lecomp- | further, I ask what has been the state of the counthat had a cloven foot; that he once undertook to ton constitution it was out of the power of the try since you adopted the compromises? Then straighten a nigger's hair, and somebody inquired people to alter that constitution until 1864. I know everything was to be settled. We have heard a of him how he got along. He said, it was very ihat honorable gentlemen take other positions, and very great many times of this peace and quiet. busy work, though it was not very hard. I think say this State Legislature may alter it at once. I Adopt this measure, and there will be peace and the honorable Senator from Georgia will find his maintain the opposite of that; and say, and I was quiet. The dove has come with the olive branch. work both busy and hard. It cannot be done. proposing to go into an argument to show, that it in its mouth, and we have taken the dove into the Twenty honorable Senators, or more, as we could not be altered, and to show the danger there ark, and yet no peace and quiet have come. have, belonging to the Republican party, cannot would be of forcing that upon the people at the You tell us that peace and quiet will come now. be crushed out by any legislative force that can present time with the idea that it could be al- | I tell you, in my judgment, this measure will bring be brought against them.
tered. I forbear to do that until some future time, you no peace nor quiet. The sentiment of the I do not know but that honorable Senators may because I am desirous to bring this speech to a country is aroused in a way that no admission of be emboldened by the course which is taken by close. I shall have an opportunity to debate that | Kansas with this constitution will quiet it. Why other honorable Senators, and that they suppose, legitimately and properly, as I may do, and as I has it been aroused? Because the country feared because certain Senators yield to anything they will endeavor to do, under the amendment of the that, when you repealed the Missouri compropropose, that certain other Senators are going to honorable Senator from Ohio, or under the amend- | mise, you were going to make Kansas a slave yield to what they propose. I want to tell that ment which I may propose, or to the Missouri State. That was the watch word. The object was honorable Senator that different men are now com- restriction. I think it will be germane to either to make Kansas a slave State. The country being from the North. We have had enough in the of those amendments to debate it then; but I will came alarmed. They said that that was the obNorth of those people who how down and yield. forbear now, because I do not wish to keep Sena- || ject. A great many Senators in this Chamber We have got, if I mistake not, not a Senator, but a tors at this unseasonable hour of the night.
An honorable Senator from North President, who bows down and yields to exactly
Carolina, Mr. Badger, said: what is said. I say to exactly what is said; per- Mr. CLARK. It is said by the gentleman from “I have no more idea that slavery will go into the Terrihaps I should not put it precisely in that form; || New York there are not many here. But I have tory of Kansas than that it will go into Massachusetts." but he bows to do what is required of him. Well quite as much regard to dismiss those who are Senators talked about the law of climate; that have got certain other Senators who bow down here as those who are gone, because they have the law which regulated slave labor effectually to do what is required of them; but I want the taken care of themselves. It does not make any prevented its going there. They said slave labor honorable Senator from Georgia to understand difference to me that there are not many Senators would not, nor could not, flourish in Kansas. that there are certain Senators in this Chamber to hear me. It does not make any particular dif- That was the argument. Everywhere I went, that are sent now to the Senate, not to bow down, | ference to me that I speak at this time of the night. on the stump, and elsewhere, I endeavored to conbut to stand up. We have had enough of bowing || I have a duty to discharge, and when I have ut- trovert it; because I saw, as I thought, that sladown, and the people in my region have got sick tered what I have to say, whether men hear or very was to go into Kansas. When they said of it.' They will stand up, and they cannot be forbear, whether they go away or stay, I shall that Kansas was too far north, slavery cannot crushed out. The gentleman may put his heel have discharged fullý my duty to my constitu- | go there, I replied to them, is Kansas any further upon their heads or upon their toes or anywhere ents, to my country, and to my own conscience; | north than Missouri? and if slavery is profitable else he pleases, but still there will be Senators in and that is all that I have to regard, I think, in in Missouri it will be in Kansas. Thai was one this Chamber demanding their rights and main-| this matter. I shall endeavor to do that duty reason why I wanted to draw out the Senator taining their rights; and you may crush and crush, | fearlessly.. I shall endeavor to do it independ- | from Missouri to-night. I wanted to ask him if and the more you crush the more those men will ently. I do not mean to trespass on any other he was in favor of abolishing it in Missouri, and
man's rights or any other man's duties, if I can he at once said no, that slave labor was profitable That is what I have to say upon that point; and understand them in the discharge of my duty. there. He told you that in raising hemp and if the process had gone on, and God had spared There is, however, Mr. President, another point tobacco it was nearly equal to the cotton crop in my life, I would have made this speech in the to which I propose an amendment. I will call the value, and he did not want to get rid of slavery Senate if it took to the day of doom; but now, attention of the Senate to it for a moment, and for in Missouri. If slavery is profitable in Missouri, since there is a manifestation on the part of hon- | but a moment, because 'I mean to debate it by why not in Kansas? Is it not entirely idle, then, orable Senators that when I have concluded this and by. It is a provision of the constitution which ll to talk about the law of climate, or anything of