that kind excluding slavery from Kansas? There is no doubt a large majority of the people of the North-perhaps all of them-desire slavery not to go into Kansas. I do not know but what I may say that some men from the slave States desire it not to go there as a matter of climate, because slave labor crushes out too much land, and countries settled by free labor are the most prosperous countries. Why, Mr. President, I could join in all that was said of the beautiful country of the South by the gentleman from South Carolina; I could join with him in speaking of the beautiful sea-coast, the winding bays, and harbors; I could join with him in praise of that magnificent river which sweeps all the valley of that country; I could join with him in the fineness and richness of the soil, in the bright sunlight, and everything that makes that country beautiful; but when I join with him in that, the reflection would come to my own mind, if you only cultivated that country as you might a large portion of it-by free labor-I have no doubt you might do so-how much more beautiful would it be than it is now. I agree to the picture which he drew, and then, without taking the brush off, I could add some very beautiful tints to that country. I apply the same thing to Kansas. When you talk to me about slavery making the South prosperous, or making Kansas prosperous, I tell you with free labor it will be infinitely more beautiful and prosperous. Let There is another point to which I want to direct the attention of Senators, if they will permit me. Gentlemen of the South complain that if slavery is excluded from Kansas they cannot go and carry their slaves there. Very true. me state the other side. If they go and carry their slaves there, free labor cannot go there to any great extent. You have got to exclude one or the other in toto. Which shall be excluded, the one which renders the country more prosperous or least prosperous? But I pass from that consideration, and come back to the proposition that the admission of Kansas under this constitution will bring you no peace. I ask you to turn your attention to my own State, and see what has been the history of the question there, and then judge of other States like my State, whether you are going to have peace. The State of New Hampshire had been a Democratic State from 1829 to 1846. She had not faltered once. She was as true as the needle to the pole, or the shining of the north star. She was always Democratic. When the great State of New York and other States faltered in 1840, or were swept away by a political whirlwind, New Hampshire was true to the Democracy. She acquired the titles of the "Gibraltar of Democracy,"the" back-bone of Democracy," the "unterrified Democracy," because she was always true. Yet, in 1846, when upon the question of the admission of Texas, they proposed to defeat my colleague here, who had been a member of the other House, for his vote there, New Hampshire, which for seventeen years never had varied in the least, went square about, defeated the Democracy, elected my colleague to the Senate of the United States, and brought him first into this Chamber. That was done upon the slavery question. The next year the Democratic party passed certain anti-slavery resolutions, showed themselves opposed to slavery, and the State went square back. On those resolutions she stood in 1847, 1848, 1849, and 1850. She reiterated them in 1851 and 1852, and there she stood in 1853. But the very next time you brought up this slavery question, and proposed to repeal the Missouri compromise, in 1854 she went square about again. They had not a majority of the Legislature in 1854 which would elect a Senator; but they defeated the Democratic Senator. The next year she went square about, and, with a majority of one hundred, reëlected my colleague and my predecessor, the late Mr. Bell, as Senators here. The next year she stood the same; the next year the same. She has just spoken again; and I want you to hear what is said now in that State. Mr. President, when you proposed to admit Kansas under the Lecompton constitution, the Democracy of the State of New Hampshire became a little frightened. They began to take sides with the honorable Senator from Illinois-if you SENATE. let us see you get a free State. Then what sort of a difficulty would you have? Have you any idea that the people are going to submit to it? I put it to you-if they have been rebellous, insurrectionary, and insubordinate, while this question has been pending, and under the rule of these Missourians, what do you think they will be when you force upon them a constitution which is obnoxious to them, and against their will? will allow me so to speak-against Lecompton, || lature, with all the machinery to move it; and then and to take sides with the President. They passed a resolution approving the course of the Senator from Illinois, or against the Lecompton constitution; and they passed a resolution approving of the President. They prayed good Lord and good devil. They came up to a vote. The Lord would not, or did not, help them; and the devil could not, for the Republicans were too many for him. It turned out that the Republicans carried the State by an increased majority of two thousand votes. We carried it by three thousand before, and three thousand majority in our State is a pretty large majority; but at the present election, which took place last week, on last Tuesday, we increased the majority to five thousand. Mr. SEWARD. What was the aggregate vote? Mr. CLARK. The aggregate vote was about sixty-four thousand. We are a very steady and conservative people. New Hampshire was a | Democratic Siate from 1829 to 1846. She then went around and voted for my colleague. She resumed her place in 1847, and went on until 1854. She changes only once in a generation; she is so conservative that when she fixes her point, there she remains. She has fixed herself as a Republican State, and there she will remain. At this election she has increased the majority two thousand votes. Mr. SEWARD. She will come up. Mr. CLARK. Yes, sir; she will come clear up, if you keep on this warfare, and take in the whole people. But I want to read to you, sir, and to honorable gentlemen who cry 66 peace, peace; only admit Kansas with the Lecompton|| constitution, and you will have peace," an article from the New Hampshire Patriot. That is, and has been, the State paper. Everybody who knows anything about New Hampshire, and Isaac Hill, knows what sort of a paper it has been. It was his paper, and had been from time immemorial his paper. I desire to read a few lines written the day after, or the day but one after, the recent defeat. Here is what it says: "This defeat of the Democracy is sufficiently overwhelming to satisfy our most bitter opponents; even the latest renegade must feel content with it. At the same time, when the palpable cause of it is considered, it presents no occasion for despondency on the part of true and intelligent Democrats. No one can fail to see the cause; all admit it. The Kansas question bas again crushed us"-That is the "crushing out," sir. The Kansas question has again crushed us"-us, the Democracy. That is a different crushing from what the Senator from Georgia was going to give us. Mr. SEWARD. It is a bad rule that will not work both ways. Mr. CLARK. We know it works both ways. If we put our trust in Providence, and general principles are with us, we need not fear this crushing out process. This article continues: -"with its ponderous, blind, unreasoning power. Before the Lecompton constitution question was brought before the country, our prospects for success were highly flatter ing; our triumph seemned to be certain." "fell like a wet blanket upon the rising courage and earnest zeal of our friends, and from that day we were doomed ; our defeat was certain, and apparent to all well-informed persons." You send your Governor back if he dares to go. Let him attempt to put that slave-State government into operation. They will drive him out of the Territory. Let the Legislature attempt to go into session. It may be-I do not say, because I do not know; I am only foreshadowing events in giving my own views-that they will assemble, or attempt to assemble. The people drive them out of the Territory. What then? An application by the Legislature and Governor for troops to take care of them. What then? A collision between the troops and the people. What then? Why, peace in the country! Only admit Kansas, and we will all go to bed, and lie down and be peaceable and quiet; and we will not hear anything of this subject again! I tell you, sir, that when you put this Lecompton constitution into effect, in my judgment you give the people of Kansas the torch of civil war, and tell them to go and light it. I am not certain but what the President desires this. There is evidence here to show that the President of the United States does not want peace. That is a pretty grave charge to make; but I think I can prove it, and I prove it in this way: Mr. Stanton wrote to the President, (and the President sent the document here, or rather repeated in his message what Mr. Stanton had said,) that the only way he could prevent bloodshed in the Territory, as he thought, was to call the Legislature together. He did call the Legislature together. What then? Why, the President turned him out of office for doing the very thing that would prevent bloodshed. Now, Senators know that the reason the President assigned for turning him out of office, was because he called the Legislature together; and then, afterwards, this same President sends here his message, and in that message says that Mr. Stanton said, the only thing to prevent bloodshed was to call that Legislature together; and so it happened. Mr. President, I could continue for some time longer to show you why you will get no peace in this Territory by passing this measure, but I forbear. I have already occupied more of the time of the Senate than I ought to have done, much more time than I should have done under other circumstances; but, with these hasty remarks, I close with a warning to the Senate, if it becomes me to give the warning, that as you failed in 1850 to get peace on this question, when you thought you would have it by the compromise measures; as you failed to get it in 1854, when you thought you would have it by the repeal of the Missouri compromise; so now, in my judgment, you will fail, signally fail; and I will tell you that the admission of Kansas under this Lecompton constitution, in my judgment, instead of giving peace and quiet to the country, will add but another torch and another brand, which will be fanned into a flame, and which will end we know not where. Now, Mr. President, I had it in my mind to have said something further in regard to the speech of the Senator from Virginia, Mr. HUNTER,] Let me tell you, Mr. President-and let me tell which was delivered on Friday. And, if you honorable Senators who think that peace is coming will bear with me a moment, I will do so. I disfrom this measure-that when you have crushed sent entirely from the conclusion of that speech. out the majority in Kansas, you have not crushed Though it distinctly shadowed forth what certain out the Republicans of New Hampshire, nor the gentlemen deemed to be the career of this counRepublicans of the country. What will be the try, I was compelled to dissent. We were told effect of passing this bill? You admit Kansas with by the gentleman from Virginia that the eagles this Lecompton constitution. She then comes into were already gathering to the banquet of empire, the Union under it, just as if you had not amended but that there was one eagle away, watching her it or put some condition to it, and what do you get nest. He spoke as if it was desirable that that then? Where is Mr. John Calhoun? Here in young eagle should be to that banquet of empire. this good city. Why did he not count the votes I say, sir, let the young eagle watch her nest; let before this? Why, he told you he was not going her take care of her young; let her not go to feed to count them or declare them until Congress ad- upon the carrion of the Old World. I say more. mitted the State; when you got that difficulty set- Let her maintain her dominions here where she tled he would count the vote. Oh, yes; you admit is, upon her own soil. If, in a proper and rightKansas under the Lecompton constitution; let it ful way, she acquires more soil to be used in a come in with slavery in it; then I will count you proper way, so be it; but I protest against that in a pro-slavery Governor-a pro-slavery Legis-vision of empire which he shadowed forth when we should have possession of all the southern portion of this continent, marching through Mexico and the States of Central America to the Amazon and the equator, and governing the country by subjecting those nations to the stronger. We might possibly do it; but is it desirable? If we can subject the negro and hold him in slavery, in the same way we will subjugate the Mexicans and the various people in the Central American States. Sir, I protest for my country against any such destiny. I have no objection that she shall be enlarged in her borders, if it can be done justly; but if her borders are to be enlarged in wickedness, in unrighteousness, by force, and by subjecting other nations to her will, to make them slaves, then I protest against it. I ask no such future for my country, because I remember, and it will ever prove true, that "the nation that sinneth shall die.' The PRESIDING OFFICER, (Mr. BIGGS in the chair.) The pending question is on the amendment offered by the Senator from Missouri. Mr. DOOLITTLE. Unless the Senator from Missouri proposes to make a motion to adjourn, I shall do so. It is now one o'clock. The PRESIDING OFFICER. Does the Senator from Wisconsin make a motion? Mr. DOOLITTLE. Yes, sir. I move that the Senate do now adjourn. Mr. GREEN. I object to an adjournment. Mr. WILSON called for the yeas and nays on the motion; and they were ordered; and being taken, resulted-yeas 11, nays 21; as follows: YEAS-Messrs. Broderick, Chandler, Clark, Doolittle, Foster, Hale, Hamlin, Harlan, Polk, Wade, and Wilson 11. NAYS-Messrs. Allen, Bayard, Benjamin, Biggs, Bigler, Brown, Fitch, Green, Gwin, Hammond, Johnson of Arkansas, Johnson of Tennessee, Jones, Kennedy, Mallory, Pugh, Sebastian, Slidell, Thomson of New Jersey, Toombs, and Wright-21. So the Senate refused to adjourn. Mr. FOSTER. I move that the further consideration of this bill be postponed until to-morrow at half past twelve o'clock. I certainly supposed that was the understanding of the Senate, after the suggestion of the honorable Senator from Missouri. Mr. CHANDLER called for the yeas and nays; and they were ordered. gone so far, and upon his withdrawal of that as- SENATE. I cannot answer for anybody but myself. So far as I am concerned, I should be in favor of accepting that proposition, each one pledging himself to use his influence and all he can do to carry out the understanding. Whether it can be carried out or not, I cannot say. It could have been at that time. Mr. GREEN. Mr. President The VICE PRESIDENT. The Senator from Wisconsin is entitled to the floor. Mr. GREEN. I request the Senator to yield me the floor for a moment. If I understand the position of our friends, it is this: that if we can get the vote on Monday, we will be satisfied. ["No, no!"] Hold on. I will state my own proposition in my own way. If gentlemen choose to vote it down they can do it. I understand there is an influence here which will force an adjournment at this hour, now, provided we can be assured that we can have a vote on Monday; and if that cannot be done by an agree- Mr. DOOLITTLE. Certainly; I have no obment from the other side, then, that to-morrow jection. My wish was to state my views in rethere shall be no resort to technicalities to post-lation to this matter of postponement, and to give pone us longer, but gentlemen can go on and make the reason why we could not answer the proposispeeches. As long as a gentleman chooses to oc- tion of the Senator from Mississippi. cupy the floor, let him occupy it. If he chooses to take the floor at eleven o'clock, to which hour I propose that the Senate adjourn— Mr. FESSENDEN. Not to-morrow, after tonight's session? Mr. BROWN. Well then, twelve o'clock. I Mr. CAMERON. Mr. President- Mr. DOOLITTLE. I desired some time since Mr. BROWN. The Senator from Connecti- Now in relation to the proposition made by the cut says that it certainly was the understanding, honorable Senator from Mississippi, I beg leave after the announcement of the Senator from Mis- to say a single word, and then the honorable Sensouri, that this postponement was to occur. It was ator will see the position in which we are placed. distinctly announced on this side that that post- It is impossible, as we have not had an opportuponement would not be agreed to under the cir-nity for consultation, for us to give any pledge cumstances of the evening. I, for one, announced it, and half a dozen others did so. I simply want to disabuse the minds of Senators. We agreed to no such thing. Mr. GREEN. Not a bit of it. Mr. FOSTER. I say that was my understanding. I appeal to the Senator from Missouri if that was not his understanding? Mr. POLK. I said that I believed we should get along faster if the Senator from New Hamp. shire were allowed to close his remarks, and then to adjourn. Mr. FOSTER. That was my understanding. Mr. POLK. The motion to adjourn was made, and I voted for it, not in regard to the matter of postponement. Nothing was said on the subject. On the contrary, the Senator from Mississippi stated, as he has said, that he did not agree to it. Mr. DOOLITTLE obtained the floor. Mr. BROWN. Mr. PresidentThe VICE PRESIDENT. Does the Senator from Wisconsin yield the floor? Mr. DOOLITTLE. I yield. Mr. BROWN. I think that this evening we could have come to an understanding, but for a partial withdrawal of what I at least understood to be the declaration of the Senator from Maine. I understood both the Senators from Maine to nunciate distinctly that after consultation tomorrow morning, their party would either agree o take this vote on Monday, or not to-morrow o resort to factious opposition, but to go on and make speeches as long as the majority thought proper to sit. One of the Senators from Maine greed to that. The other one, very much to my urprise, but doubtless according to his undertanding, said he could not conceive that he had to-night. We must have an opportunity of meet- Mr. BROWN. The Senator will allow me to Mr. GREEN. My only purpose is simply to make this remark: that Senators on the other side have had the same opportunity precisely that Senators on this side have had, with the same notice with regard to the termination of the debate. I informed them last Monday week that it was the desire of the friends of the bill to bring this question to a close, and if they have failed to avail themselves of that notice to consult together, we ought not to be held responsible. Mr. CHANDLER. I want to say one word right there, if the Senator will yield. Mr. GREEN. Certainly. Mr. CHANDLER. I had a conversation with the honorable Senator last Friday, wherein I asked him if he intended to press a vote and choke us down; and he told me no. Mr. GREEN. That is true. I said, "no, if you do right, and come to an understanding; but in the absence of an understanding, we do intend to do it." That is what I said. Mr. CHANDLER. You left the understanding on my mind that you would not press it. Mr. GREEN. I said expressly, "in the absence of an understanding, we do intend to do it; but if we can get an understanding, we will forego a day, perhaps several days.' Mr. CHANDLER. Very well; you and I understood each other then. Mr. GREEN. I think so. Mr. CHANDLER. Perhaps it was from that mutual understanding that I received my impression. I will not assert positively that it was not 80. Mr. GREEN. Not a step has been taken; and when the last opportunity has occurred, the question comes up here whether we shall procrastinate under what circumstances? Any assurance that we will come to an agreement? No; but under a promise that they will try and see whether they can agree or not. I cannot accept any such vague terms. I desire this night to perfect the amendment I have proposed; and as soon as this motion is voted down, and I hope it will be, I shall propose the last amendment I have to offer, and then ask for a vote. Mr. CAMERON. I wish to say that I am tired of this. I have striven all this night to conciliate gentlemen on the other side, and I have striven until I have been disgusted. Who is the gentleman from Missouri, that he should dictate terms to us? Is he anything more than our peer? He is certainly not the commander of this Senate. What right has he to come and say the question shall be taken now, or to-morrow, or any other day? This bill, I believe, came up here on the 18th of February. On the 20th of February his the next week, to attend a political pageant in the State of Virginia. Mr. GREEN. That is not true. Mr. CHANDLER. I will state a conversation that occurred between the honorable Senator from Mississippi, the Senator from Maine, and myself. We were the only three present. The proposi-side adjourned the Senate over until Tuesday of tion then made was precisely as the Senator from Mississippi has repeated it, according to my understanding. Upon that proposition I said to him, if you will see whether it will be acceptable to your side of the House, I will go upon my side of the House and see if it be acceptable there. I saw, I think, every member on our side of the House -every member, I think, who was in his seat. The Senate was not very full, and perhaps I did not see one or two; but every member whom I did see, assented to the proposition. I went out into the post office, and while there, the Senator from Mississippi came in and said, "Our folks will not assent to the arrangement." I replied, "Very well; let it go." We could then have come to an understanding in one single minute upon that proposition. I think we can carry it out now. I Mr. GREEN. Certainly; that is exactly what say. Mr. CAMERON. Then I say you have no right to say so, and you are responsible for that. The VICE PRESIDENT. The Chair calls both of the Senators to order. This discussion is against the rules of order. Mr. CAMERON. I permit no Senator to say here, and no gentleman will say, that what I say is untrue. 35TH CONG....1ST SESS Kansas-Lecompton Constitution—Mr. Cameron. The VICE PRESIDENT. The Chair must call the Senator to order, and requests the Senator for the moment to resume his seat as the rules require when a gentleman is called to order. The Chair reminds Senators now, that as the organ of the body he will not suffer the cross conversations with each other which inevitably and immediately lead, at such an hour of the night as this, to unpleasant collisions; [Mr. HAMLIN. That is right.] and he therefore desires Senators to address each other through the Chair. The Senator from Pennsylvania will proceed. Mr. CAMERON. I say again that, on a particular day, the Senate adjourned on a motion of a gentleman on the other side of the House; and that was the avowed object of the adjournment. They adjourned on Friday, I believe, to meet again on Tuesday; and I say it was for the purpose of attending a political pageant. [It was Washington's birthday.] That time was occupied by gentlemen on the other side. They then held their caucus, and decided upon their course of action in regard to this bill. We were told, after the Senate met, what their decision was. They came not as gentlemen ought to come to other gentlemen-"we desire you to do so and so;" but they said you must do so. Mr. GREEN. That is not correct, either. Mr. CAMERON. Does the gentleman desire that I should say something harsher than he would like to hear? Mr. GREEN. So far as I am concerned, I do. Mr. CAMERON. I say you utter an untruth. Mr. GREEN. I say you are a liar-that is all. The VICE PRESIDENT. Both Senators are out of order. Mr. CAMERON. Mr. President The VICE PRESIDENT. The Senator will please to pause for a moment. The Chair regrets that in less than one minute after he called the attention of the Ser.ators to the rules of order, that this scene should have occurred; and he feels it his duty, as the organ of the body, to stop it. Both Senators have violated the rules of order. They have passed the limits of decorum. The Chair says so with great respect to them; but it is his duty to see that the rules are not violated; and he will call any Senator to order who addresses any other person, in speaking, than the Chair. Mr. CAMERON. I again beg pardon of the Senate; yet I do not believe I did what was wrong. I only repeat to the gentleman over there that I am responsible for all I have said to him; to the Senate I say I am sorry if I have done anything wrong. I say again, that this whole matter has been carried out in a dictatorial and improper manner. I told that gentleman more than once tonight that I, for one, would go into caucus to-morrow with my friends and endeavor to have this question decided at some early day. I thought it could be decided this week, certainly by next Monday. I said so on the floor; I repeated it three or four times; and it has been repeated by half a dozen gentlemen on this side. Now, if he or any other gentleman expects to drive us by sitting it out, they are very much mistaken. To say the least, we belong to the same race, and can endure just as much. I can sit here just as long as any other individual, on this question. They cannot drive us. By treating us with courtesy and decency, we will do almost anything they desire; but they cannot force us to any decision. Mr. GREEN. I beg leave to make a remark. I do not know what is the motion pending, and I do not know that what I propose to say will be in order. The VICE PRESIDENT. The question before the Senate is on the motion to postpone. to me. ity, or a command which does not properly belong I have never done any such thing, and the Senator does me injustice when he insinuates it; and he not only does me that injustice, but he knows it is injustice. He knows it; for I am but the organ of a committee, and the agent of the party, responsible on this question. I am not to arrogate to myself a superiority over any man, but I am to assume to myself an equality with him or any other. With regard to his intimation that we held a caucus, and then went and dictated terms to him, say it is not true. I went this morning, as the Senators from Massachusetts and other Senators would bear me witness, if they were in their seats, and said to him, in a playful manner, "I have come to you as envoy extraordinary and minister plenipotentiary; what terms do you propose?" Does that bear out the slander that the Senator from Pennsylvania has endeavored to heap upon my head? No; it rivets it upon him; and the Senator from Massachusetts will bear me witness of the truth of what I say. The VICE PRESIDENT. The Chair calls the gentleman from Missouri to order. Mr. GREEN. I will sit down. I may have used too harsh words. It is a slander, nevertheless. The VICE PRESIDENT. The Chair calls the Senator from Missouri to order. He considers that language out of order. The Chair has called the Senator to order as required by the rules of the body. It is for the Senate to say whether he shall proceed. Mr. GREEN. If I used any harsher terms than he used to me, I give in; I submit to the order of the Chair. The VICE PRESIDENT. The Chair has attempted to arrest it in both Senators. Mr. BRODERICK. It is evident, Mr. President SENATE. at that time. Since this bill was made the specia order, the Senate has never adjourned over from Thursday to Monday by the votes of the majority on this side of the Chamber. I assert that to be the truth, leaving anybody to controvert it who dare. But enough of this. Why go into these little bickerings? If there is a soul that has a feeling of animosity to settle, outside of this Chamber is the place to settle it. In this Chamber, as he well remarked, we meet as equals, each being responsible to tell the truth, and if we do not do it, to be held up to public opprobrium. I have repeated what I know Senators will bear me witness to, that I never went to that side of the Chamber to dictate the time at which they should take the vote; but went there to ask what time it would be agreeable to them; and when they did not give me an answer, I told them what my instructions were -not dogmatically-not because I, as an individual, assumed the power; but under instruction from the majority, who were responsible to the country-that I, as their agent, would be compelled to press it in the absence of any understanding being given us. Instead of being harsh thought I was very kind. Whether it be so or not, I leave the public to judge. As to any question of veracity between that Senator and myself, in five minutes after this Senate adjourns, we can settle that. I Mr. DOOLITTLE. I submit that that is out of order. Mr. CAMERON. I desire to say, if that is intended for a threat, it has no effect on me at all. Mr. GREEN. It is no threat. Mr. CAMERON. The gentleman says he has not dictated; but yet during the whole evening he has been taking the lead in this matter. It is he who has made all this difficulty. I understood his colleague to say, that after the gentleman from New Hampshire should have finished his speech, that then the Senate would adjourn. It was understood on our side that they would adjourn when that speech was over, as I understood, on the motion of the Senator from Missouri; and Senators have gone home with that understandMr. DOOLITTLE. I simply rise for the pur-ing. Now, it is not necessary for me to talk to pose of stating that I had the floor, and yielded it to Senators. The VICE PRESIDENT. The Senator from Missouri was entitled to the floor. He was out of order; but with the general consent of the Senate he will proceed in order. Mr. GREEN. I was through. Mr. GREEN. Will the Senator allow me to say a word? Mr. DOOLITTLE. I yield. Mr. GREEN. I beg leave to inquire of the Senator from Wisconsin whether I did not ask him as to what time he thought would be agreeable to his side to fix for the closing of this debate? and, if I recollect aright, he told me this day three weeks, he thought, would be about the time we could get through. I do not make mistakes on this question. I never make mistakes. Mr. DOOLITTLE. In response to the honorable gentleman's question, I will state that the Senator did ask me the question when we would be prepared to take this vote, and I remarked to him that, in my opinion, in two weeks all the members of the Senate could be heard who desired to speak upon this question; and I thought that two weeks would not be an unreasonable time. That is the substance of the conversation. Mr. GREEN. Now, Mr. President, I beg leave to remark in justice to myself, after having consulted, as I think, in the kindest and most courteous manner imaginable, and requested of Senators on the opposite side to say what time they thought they could be prepared to take a vote, to be characterized, as the Senator from Pennsylvania did, in attempting to dictate terms to them, is enough to harrow up my feelings, for it is not true. I will not use a harsh word; it will be out of order. If I get out of the Senate Chamber, I shall use a harsh word to his teeth, for there no rule of order will correct me; but in this Senate I will not violate the rules of order if I know it. I will simply say that it is not correct; but when once out of this Chamber, I shall use the appropriate epithet which belongs to the West. Mr. CAMERON. Mr. President, am I expected Mr. GREEN. Then what I have to say is in Mr. GREEN. I do not yield the floor. With order, and the reason why I desire to say it is in regard to the adjournment over in order to attend justice to myself. The Senator from Pennsylva- the pageant at Richmond, I will merely remark nia intimates that I arrogate to myself a superior-that this bill had not been made the special order the Senator from Missouri. I am able to take care of myself, and I think I shall do so now and hereafter, too. I repeat again, and I repeat it upon the expres sions which he made this evening, that the minority has had no responsibility; that the responsibility was all upon the majority, and upon this principle I say all this discussion has been postponed by them. They have the majority, and could have prevented an adjournment any day they thought proper, or at any hour on any day; but they did not see proper to do so, and are responsible for it. The majority have adjourned from day to day; they adjourned to go to Richmond; they adjourned over from Thursday to Monday; they did so every week until the last week, and all the time since we have been discussing this question. To-day, he says, he came over here as plenipotentiary for his party, to fix some time on which the vote should be taken. He came here, as I suppose, after a caucus among his people. That would have been all well and fair before the Senate met, but as it occurred, in fact, after the Senate was in session, gentlemen on this side had no opportunity to meet and consult on the course they should take. I repeated, in private conversation, half a dozen times, and I said so publicly, give us an opportunity to meet, and I, for one, would endeavor to get an early day fixed for the decision of this question; if we failed to agree on a reasonable time, agreeable to the majority, that then they should act as they thought proper, and we should act as we think proper. I can speak more freely because it is not necessary that I should remain here. I have agreed to pair off with a gentleman who has been called away, and I might go home. But if it is determined by physical force, I repeat again that this side can stand as much force as any gentlemen on the other side, although I prefer, and I think, for our own sake, and the benefit of the country, and an early decision upon this question, it would be better to adjourn now, meet tomorrow at the usual hour, and then fix a time for taking the vote. 35TH CONG....1ST SESS. Kansas-Lecompton Constitution-Mr. Doolittle. SENATE. Mr. BRODERICK. It is evident from the de- Upon that suggestion I know that very many whether the vote is taken one day or six days bate that the majority on this side of the Cham- Senators on this side of the Chamber refrained later? within one week, or within two weeks? ber have resolved to remain here until the vote is altogether from preparing themselves for debate, What difference is it to the interests of the country? taken upon this question. I hope no overture will or from taking any part in the discussion, until We see, Mr. President-we have evidence in what be again made from Senators on the other side of the Lecompton constitution should be presented. has transpired upon this floor-what results from the Chamber; for it must be evident to them that The very vote on that constitution in the Terri- these night sessions, and from this attempt on one the majority have resolved to sit this question tory of Kansas did not take place until the 21st side to press the Senate to a vote on this question. out. The Senator from Michigan [Mr. STUART] of December. The Legislature of the Territory The order of the Senate is broken down; the digleft this Chamber an hour since, with the underpassed a law on the 17th of December, that that nity the decorum of the Senate is destroyed, to a standing, I believe, that the Senate would adjourn constitution should be submitted to a vote of the certain extent. Il-feeling is engendered between immediately after the Senator from New Hamp- people on the 4th of January. An election was Senators on this floor in consequence of it. I subshire had concluded his speech. I am very glad held, in fact, on the 4th of January, whether mit that the proposition of the Senator from Texas, that he has gone home, for he will be here early that constitution should be accepted or rejected [Mr. HOUSTON,] that the Senate commence its in the morning, if the Senate intend to remain by the people of Kansas; and it was but just to sessions at eleven o'clock, instead of at twelve here during the night. It is now morning, I be- wait until these events should transpire before o'clock-that all other business be laid aside for lieve. Therefore, I would suggest to Senators entering into a full discussion of this question. the purpose of debating this question, and for no upon the other side to resort to the remedy ac- For myself, I believe I have maintained, and I do other purpose, and thus give a fair opportunity for corded by the rules of the Senate. If they get now maintain, that the vote which was taken by all to express their views, and then come to a votetired of speaking, move an adjournment or a post- the people of Kansas, on the 4th of January, is a fair one, and ought to be adopted. There is ponement of the question. Let us hear no more under a law of the Legislature of that Territory, no doubt that in this Senate there is a majority in propositions from that side of the Chamber for by which they rejected the constitution by over favor of the passage of this bill in some shape. any compromise. ["Question!" "Question!"] ten thousand majority, is a vote which is bind-We expect that the majority will come to a vote Mr. DOOLITTLE. I was upon the floor when ing in good faith upon that people, and bind- at the proper time. We do not intend to resist it this desultory debate sprang up. The questioning in good faith upon this Senate, the Congress, factiously. What has transpired to-night should pending before the Senate, and upon which the not be taken as a factious opposition; for I protest yeas and nays are ordered, if I have not forgotto gentlemen that it has been understood upon our ten, is a motion to postpone this subject until toside of the Chamber-not that we will say there morrow at half past twelve o'clock. was a positive agreement to that effect, but it has been understood on this side of the Chamber, and such has been the understanding of every Senator with whom I have conversed, that this matter was not to be pressed to a vote on Monday; that, at all events, if we came to a vote any time during the present week, it would be all that was expected; and this effort to press it to a vote tonight has taken us by surprise. We have, therefore, been thrown upon the exercise of our parliamentary rights, upon motions to adjourn, and motions to postpone, for the purpose of enabling those who have prepared themselves, or are nearly prepared to deliver their views on this question, to have an opportunity to do so to-morrow. The VICE PRESIDENT. That is the motion. Mr. DOOLITTLE. That means, I suppose, until half past twelve o'clock to-day? and the country. That matter, of course, could The VICE PRESIDENT. It does. Mr. DOOLITTLE. I was about to reply to the suggestion which was made by the Senator from Mississippi. He said that he either asked of us to state now that we would take the vote on Monday, or that we would to-morrow agree to take the vote on Monday; or that we would agree, if we did not come to that conclusion, that we would waive all right, by parliamentary law or otherwise, to postpone the time of taking the question. I did state to the honorable gentleman from Now it is unfair, it seems to me, to press any-Missouri, that if this matter could be continued Now, Mr. President, I have not said, I do not thing of this kind upon us when no opportunity for two weeks longer there would be a fair oppor- know that any gentleman upon this side of the has been allowed us to consult. We could not tunity for all to be heard, if upon that side of the Chamber has said, when this vote will be taken, make the proposition if we would. Chamber they did not occupy more than a fair por- nor have they indicated a period in which it shall tion of the time; but I believed that at least that not be taken. I hope the honorable Senators upon time would be required to present this case prop- the other side will not undertake to press us to erly, or give Senators here a fair opportunity to the point when we must take a resolution to make present their views upon it. Still, as there is such any delay for the purpose of delay. We have a strong disposition to have the vote taken, I am not desired to do it. We do not desire to do it. not quite certain but what we might agree that We desire only to afford an opportunity to every the vote should be taken at an earlier day than Senator who desires to express his views on this two weeks from to-day, when the vote should be question to do so. We have no desire to make taken; but I am not prepared now to pledge my-delay for the purpose of delay-none whatever. self that it shall be taken at an earlier day than two weeks from to-day. The honorable gentleman from Ohio suggested, in the course of his remarks not long since, that if a day were fixed within two weeks it would be satisfactory to him. Mr. BROWN. Will my friend allow me a mo ment? Mr. DOOLITTLE. I yield. Mr. BROWN. I simply stated that if gentlemen in their individual capacity who had submitted this proposition failed to get their party associates to agree to take the vote on Monday, they, as individual Senators, would not engage in any effort to stave it off by calling the yeas and nays, and resorting to further parliamentary tactics, if he could not commit his friends to vote on Monday; of course not to commit them to any other policy. I only held that some four or five of those gentlemen might enter into an arrangement of that sort. I never understood that the whole party should be committed to anything until they agreed in caucus. What great reason is there, Mr. President, why this matter should be pressed? What great difference would two, three, or four days, or even a Mr. DOOLITTLE. The suggestion of the hon-week, make? It is said on the one hand, if the orable Senator from Mississippi does not relieve the difficulty at all. As long as gentlemen act in party associations it is not proper, if a party caucus is to be called, for them in advance to pledge what they will do, or may not do; for when the matter comes to be consulted on it may be thought prudent, on consultation, that a certain course should be pursued; and in duty to the party obligations which they are under, gentlemen would not give a pledge of that kind in advance. We have had no opportunity to consult. But again, Mr. President, this matter of delay in the discussion of this question is not to be charged upon our side of the Chamber altogether. It is true there was a good deal of discussion upon the President's message, but it was suggested by the honorable Senator from Virginia, [Mr. MASON,] and other Senators on this floor, that it was irregular; that the whole debate upon the merits of the Lecompton constitution was irregular and out of order, and ought not to be proceeded with by the Senate; and therefore it was urged upon those who desired to speak to wait until the committee had made their report, and the question came before the Senate in a practical hape, and the direct proposition was before the Senate for the time in its legislative capacity, and Then it would be a proper matter for discussion. I hope the Senate will pass the resolution offered by the Senator from Texas, and then to postpone the further consideration of this question until half past twelve o'clock to-morrow, or to-day, rather. Mr. HALE. To-morrow. Mr. BROWN. To-day is to-morrow, legislatively speaking. Mr. DOOLITTLE. If the Senate consent to let that resolution to meet at eleven o'clock be taken up and passed, I have no objection to have our sessions commence at eleven instead of twelve o'clock, and to postpone all other business, and discuss this question, and nothing else. We can then give gentlemen an opportunity to speak. Now, I am informed (I do not know whether Kentucky, [Mr. CRITTENDEN,] the honorable Senator from Tennessee, [Mr. BELI,] and the honorable Senator from Texas, [Mr. HOUSTON,] de Lecompton constitution is to pass, that it neces- Now, I ask Senators, what difference is it Senator from Illinois, [Mr. DOUGLAS,] it is known, desires to speak on this question. For the last week he has been confined to his bed by sickness, and is unable to speak now, and I submit it is not right on the part of the majority, under these circumstances, to press it to a vote to-night. I undertake, further, to say that it is not right on the part of the majority to press us to the point of saying that the vote cannot be taken to-night and shall not be taken to-night, nor for a week to come. We do not desire to be pressed to take that resolution on any question. We know that the majority have power in the Senate; we simply appeal to their sense of justice in this matter to postpone it until to-morrow. Pass, if you please, a resolution to commence the session at 35TH CONG....1ST SESS. Kansas-Lecompton Constitution-Mr. Bigler. eleven o'clock daily, and allow time for gentlemen to speak. I do not speak for myself. I speak for my friends. I have myself trespassed so long upon the time of the Senate that I feel as if I ought to speak for my friends, and ask an opportunity that they should be heard. I fear, if it shall not be allowed, I shall feel I have trespassed upon time when they ought to have been heard instead of myself. The VICE PRESIDENT. The question is on the motion of the Senator from Connecticut, [Mr. FOSTER,] to postpone the further consideration of this bill until half past twelve o'clock to-morrow, on which the yeas and nays have been ordered. The question being taken by yeas and nays, resulted-yeas 9; nays 20; as follows: YEAS-Messrs. Broderick, Clark, Doolittle, Fessenden, Foster, Hale, Hamlin, Polk, and Wilson-9. NAYS-Messrs. Allen, Bayard, Benjamin, Biggs, Bigler, Brown, Fitch, Green, Gwin, Hammond, Jolinson of Arkansas, Johnson of Tennessee, Jones, Mallory, Pugh, Sebastian, Slidell, Thomson of New Jersey, Toombs, and Wright -20. The VICE PRESIDENT. There is no quorum voting. Mr. GREEN. I move that the absentees be called. Mr. TOOMBS. I move that the Sergeant-atArms be directed to request the absentees to attend. It is now early in the morning, and I make that motion that the Sergeant-at-Arms be directed to request them to attend to their senatorial duties. Mr. HALE. I do not know what the circumstances are that require that motion now, when it was considered so improper a little while ago. I made that motion when I first came into the Chamber. Mr. JONES. There was a quorum then, and there is not now. When the Senate finds itself without a quorum, the Senate can take measures to enforce the attendance of a quorum or majority. Mr. HALE. The Constitution confers on us power to entertain this motion. A majority of that minority may be against it, and does the Chair decide that this motion which the Constitution gives us the power to entertain, may not be debated? The VICE PRESIDENT. The Chair has given no decision. He has expressed his impression on that subject. Mr. HALE. The Chair knows the rules of order so much better than I do, that I should consider a suggestion of the Chair of more weight than my own conviction; but I move that the Senate adjourn, That is in order. Mr. SLIDELL. If the Senate should now adjourn, I would ask if this subject goes over as the unfinished business? The VICE PRESIDENT. It does. Mr. SLIDELL. I do not know whether it would be strictly in order to speak of what has passed elsewhere; but I came here to-night, as most gentlemen associated with me in politics did, not with the expectation of getting a vote, but in the hope that gentlemen on both sides of the Chamber would, until a very late hour of the evening, address the Chair, and go far towards exhausting the argument on this subject. I am satisfied now that nothing is to be gained by remaining at this hour of the night longer. I think we shall economize our time by an adjournment, and, although I am a very strict disciplinarian, I think I am bound to look at the circumstances in the case. I shall vote for the adjournment, satisfied that we are losing our time, and probably producing unpleasant feeling, and not attaining any good results. Mr. HALE. I am speaking to the Chair. I want that rule in regard to speaking across the Mr. TOOMBS. As the gentleman has said a Chamber enforced. The obligation is upon Sen-word, I hope I shall be allowed to say something ators to attend here as much when there is a quorum as when there is not. I want to say a single word on a suggestion thrown out upon this subject by the Senator from Virginia, [Mr. MASON.] He seemed to infer that because the Constitution and the rule of the Senate said that a less number than a majority might compel the attendance of absent members, that that precluded the idea that a majority could do it; that as the express power was given to a less number than a majority to compel the attendance of absent members, a majority could not do it. That was the argument. Now, sir, if that honorable Senator will look into it he will see that that same provision of the Constitution and the rule which gives to the Senate, or gives to a less number than a majority, the right to call for the attendance of absent members, also gives the same power to a less number than a majority to adjourn, and if the adjournment be good The VICE PRESIDENT. There is no question of order before the body. There is no quorum present and the Chair does not think it proper for the Senator to make a speech on a question of order when there is no question of order before the body, and no quorum present. The Senate can adjourn or obtain a quorum for action on business. Mr. HALE. I beg pardon of the Chair. Of course I submit to what the Chair says with great deference; but I contend that if the Constitution gives us power, being less than a minority, to entertain a motion, we have a right to discuss it. The Chair was about to put a motion to the Senate, and that was whether the Sergeant-at-Arms be directed to request the attendance of absent members. The VICE PRESIDENT. There is no question of order before the Senate. The Chair cannot see what question the Senator is speaking to. The Chair entertained a motion Mr. HALE. I am addressing myself to that motion. I am against that motion, and I was arguing that motion. My point of order is this: that if the Senate can entertain it, it can be argued. If I have got to vote for it, I have a right to give the reasons why I vote. The Chair entertains the motion The VICE PRESIDENT. The Chair, of course, will hear any suggestions, but it occurs to him that it is hardly a debatable proposition. too. I think the order which has been taken by the majority of the Senate, who are responsible for the public business, ought to be observed by those who participated in passing it, or who hold themselves bound by its action. I ask for the yeas and nays on the motion. The yeas and nays were ordered. The Secretary proceeded and called the roll. Mr. SLIDELL. I wish to change my vote. I did not expect to find myself in the same company in which I am. [Laughter.] I therefore change my vote. I vote " nay. The result was then announced-yeas 15, nays 20; as follows: YEAS Messrs. Broderick, Chandler, Clark, Dixon, Doolittle. Fessenden, Foster, Hale, Hamlin, Harlan, King, Polk, Seward, Wade, and Wilson-15. NAYS-Messrs. Ailen, Bayard, Benjamin, Biggs, Bigler, Brown, Fitch, Green, Gwin, Hammond, Johnson of Arkansas, Johnson of Tennessee, Jones, Mallory, Pugh, Sebastian, Slidell, Thomson of New Jersey, Toombs, and Wright -20. So the Senate refused to adjourn. Mr. BRODERICK. I move that the Senate take a recess until twelve to-morrow, or to-day, and on that motion I call for the yeas and nays. Mr. FITCH. I submit that the motion is not in order; because it is a motion to take a recess to the same time at which the Senate meet. Mr. BRODERICK. Then I will make it a motion to take a recess until half past eleven o'clock to-morrow; and on that motion I call for the yeas and nays. The yeas and nays were ordered; and being taken, resulted-yeas 9, nays 21; as follows: YEAS-Messrs. Broderick, Chandler, Clark, Dixon, Doolittle, Foster, Hamlin, Harlan, and Wilson-9. NAYS-Messrs. Allen, Bayard, Benjamin, Biggs, Bigler, Brown, Fitch, Green, Gwin, Hammond, Johnson of Arkansas, Johnson of Tennessee, Jones, Mallory, Polk, Pugh, Sebastian. Slidell, Thomson of New Jersey, Toombs, and Wright-21. The VICE PRESIDENT. There is no quorum voting. Mr. CHANDLER. I move that the Senate do SENATE. now adjourn. It is perfectly evident that we cannot get through with this bill to-night. It is now past two o'clock. Mr PUGH. I demand the yeas and nays on that motion. The yeas and nays were ordered; and being taken, resulted-yeas 7, nays 21; as follows: YEAS-Messrs. Broderick, Chandler, Clark, Doolittle, Foster, Harlan, and Wilson-7. NAYS-Messrs. Allen, Bayard, Benjamin, Biggs, Bigler, Brown, Fitch, Green, Gwin, Hammond, Johnson of Arkansas, Johnson of Tennessee, Jones, Mallory, Polk, Pugh, Sebastian, Slidell, Thomson of New Jersey, Toombs, and Wright-21. So the Senate refused to adjourn. Mr. PUGH. I suppose the motion of the Senator from Georgia is now in order. Mr. TOOMBS. I renew my motion, as it is now in order, that the Sergeant-at-Arms be directed to request the attendance of the absent members. Mr. WILSON called for the yeas and nays on the motion; and they were ordered. Mr. CHANDLER. I move, as an amendment, that he be ordered to bring in every absentee. The VICE PRESIDENT. The motion is to direct them all to appear in the Senate Chamber. The question being taken by yeas and nays, resulted-yeas 21, nays 7; as follows: YEAS-Messrs. Allen, Bayard, Benjamin, Biggs, Bigler, Brown, Fitch, Green, Gwin, Hammond, Johnson of Arkansas, Johnson of Tennessee, Jones, Mallory, Polk, Pugh, Sebastian, Slidell, Thomson of New Jersey, Toombs, and Wright-21. NAYS-Messrs. Broderick, Chandler, Doolittle, Foster, Hamlin, Harlan, and Wilson-7. So the motion was agreed to. The VICE PRESIDENT. The Sergeant-atArms will direct the order of the Senate to be executed. Mr. DOOLITTLE. I move that there be a recess until eleven o'clock, in order to allow him an opportunity to bring in the absentees. Mr. PUGH. I would like to know whether that motion is in order? Our power, as a minority, is to adjourn from day to day, and compel the attendance of absent members; but we cannot take a recess. The VICE PRESIDENT. The Chair doubts whether it is in order, for another reason. There is a motion to postpone the consideration of this subject pending, upon which no quorum voted, and that will be the question properly before the Senate when there is a quorum. Mr. DOOLITTLE. A'motion to adjourn would be in order. I simply ask for a recess. The VICE PRESIDENT. A motion to adjourn would be in order. Mr. DOOLITTLE. Then I move that the Senate do now adjourn. Mr. CHANDLER called for the yeas and nays on the motion; and they were ordered; and being taken, resulted-yeas 8, nays 19; as follows: YEAS-Messrs. Broderick, Chandler, Clark, Doolittle, Foster, Hamlin, Harlan, and Wilson-8. NAYS-Messrs. Allen, Benjamin, Biggs, Bigler, Fitch, Green, Gwin, Hammond, Johnson of Arkansas, Johnson of Tennessee, Jones, Mallory, Polk, Pugh, Sebastian, Slidell, Thomson of New Jersey, Toombs, and Wright-19. Mr. TOOMBS. I believe nothing would be in order now until the Sergeant-at-Arms has executed the order of the Senate; but I suppose a little speaking would be in order. The VICE PRESIDENT. No business can be transacted in the absence of a quorum; but the Chair will not interrupt any one in making a speech. Mr. TOOMBS. Then it will be in order for my friend from Pennsylvania to make his speech. Mr. BIGLER. Mr. President, whilst the Sergeant-at-Arms is bringing in the absentees, if there be no objection, I will speak to the main question. ["No objection." "Go on."] Mr. President, I had not intended to discuss this subject further, and I do not now intend to do so at any considerable length. My object is to make myself understood on a few practical points; to make a record of a few additional ideas for my own use hereafter. At an early date in the ses sion I pursued this vexed controversy at some length, and I need not now repeat its general history. First, then, as to the legality and regularity of the proceedings for the organization of Kansas as a State: I think, as to these, there can no longer |