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Branson, and procure a peace-warrant to issue, and be placed in the hands of the sheriff of 'Douglas county; that this deponent was with 'the said sheriff (S. J. Jones) at the time the 'said Branson was arrested, which took place ' about two or three o'clock in the morning; that 'Branson was in bed when he was arrested by 'said sheriff; that no pistol or other weapon was presented at the said Branson, by any one; that ' after the arrest, and after the company with the 'sheriff had proceeded about five miles in the 'direction of Lecompton, the county seat of Douglas county, the said sheriff and his posse were set upon by about between thirty and forty men, 'who came out from behind a house, all armed 'with Sharpe's rifles, and presented their guns cocked, and called out who they were; and said 'Branson replied, that they had got him a prisoner; ' and these armed men called on him to come " away. Branson then went over on their side, ' and Sheriff Jones said they were doing some-ing to uphold, though they denied the validity of 'thing they would regret hereafter, in resisting the laws; that he was sheriff of Douglas county, ' and as such had arrested Branson. These armed ' men replied, that they had no laws, no sheriff, and no Governor; and that they knew no laws 'but their guns. The sheriff, being overpowered, 'said to these men, that if they took him by force ' of arms, he had no more to say, or something 'to that import, and then we rode off."

Jones's account of the forcible rescue agrees substantially with that of Buckley. Buckley's complaint against Branson was founded upon rumor. It scarcely amounted to sufficient to justify a justice of the peace in issuing a warrant. When the warrant was issued, it afforded no sort of excuse for the arrest of Branson at the time and place and in the manner it was made.

Branson was the friend of Dow, who had been killed a few days before by Coleman, who had escaped; the neighborhood was excited, party feeling ran high, Branson was quietly sleeping at home, when, at the dead hour of night, his dwelling was entered by Jones and his posse of ten men, of whom Buckley, who had sworn out the peace-warrant, was one; the arrrest was made, and Branson was hurried off in the darkness of night in the direction of a distant county seat. His neighbors, learning that a body of men had entered Branson's house, had seized and were carrying him they knew not whither, nor for what purpose, very naturally gathered together to learn what these things meant. While assembled, Jones and his party, having Branson in custody, came passing by. The assembled neighbors call out in the darkness to know who is there, and, on being answered by Branson, they tell him to come with them, which he quietly does; and this is the rescue of the prisoner, to recapture whom, and for his own protection when no man pursued, Sheriff Jones calls on Governor Shannon for three thousand men, and the Governor responds to his call by issuing orders to Generals Richardson and Strickler to fly to his protection with the militia, and calls on the President for the additional assistance of United States troops.

Governor Shannon, in his letter of December 11th to the President, says that not more than

three or four hundred of the militia of the Territory assembled at the call of Generals Richardson and Strickler, but that their forces were soon swelled by men from Missouri to near two thousand men, and that "the great danger to be apprehended was from an unauthorized attack on the town of Lawrence." What a change was wrought on Governor Shannon, when he saw how he had been imposed upon by false rumors, and learned the real truth! His great fear now was, that the law and order men, whom he had unnecessarily assembled for the protection of Jones, would make an unauthorized attack upon the people of Lawrence! Governor Shannon repaired to that place, satisfied himself that no one against whom a writ had been issued was in Lawrence, had no difficulty in coming to a satisfactory arrangement with its inhabitants as to the execution of the laws, which a large majority of the people claimed they had always been willthe acts of the bogus Legislature. A treaty was then concluded between Governor Shannon and the people of Lawrence. They were authorized by him to protect themselves against the army assembled at Wakarusa under Generals Richardardson and Strickler, which subsequently disbanded, and the disturbances in the Territory were quieted, as the President tells us in his special message, "in a satisfactory manner." The history of this whole disturbance, from its inception in the issuing out of a peace-warrant for an insufficient cause, till the final disbanding of the invading army, when the Missourians returned grumblingly to their homes, has more the appearance of a conspiracy, on the part of the officials and others in Kansas, to place the Free State settlers in a false position, that an excuse might be found for attacking and exterminating them, than of an honest effort to enforce the laws.

Branson seems to have been a quiet, inoffensive man, who needed not to have been put under bonds to keep the peace, when he was fleeing as for his life. Sheriff Jones needed no army for his protection, for no one seems to have been disposed to molest him; nor was an army necessary for the maintenance of law in Lawrence, for the people professed themselves willing to submit to the laws, save those of the assumed Legislature, which, by the treaty of peace, which seems to have been satisfactory to the President, they were not required to acknowledge. It is manifest that Governor Shannon acted without sufficient cause when he assembled an army, chiefly of Missourians, to enforce the laws against the citizens of Lawrence; and this is virtually acknowledged by the treaty of peace which he subsequently made.

The disturbances of December last, the President tells us, "were speedily quieted, without the effusion of blood, and in a satisfactory manner." What occurred afterwards, and before the 11th of February last, to justify the President in issuing a proclamation, placing the troops of the United States at the service of Governor Shannon? We have all the papers before us, and they contain no application from Governor Shannon for United States forces, since that of December last in reference to a disturbance which was satisfactorily

terminated long before the proclamation was and never satisfactorily answered. The order is issued. I take it, then, the proclamation must unfortunately worded, to say the least; and it is have been issued upon the information communi- much to be regretted that it should have been so cated to the President by Lane and Robinson, framed as to give color even to the idea that the informing him that an "overwhelming force of General Government was more willing to use its the citizens of Missouri" were organizing upon power to put down insurrections in the Territory the borders of Kansas, for the purpose of demol- than invasion from without. Senators have justishing the towns and murdering the unoffending ified and commended the entire action of the ExFree State citizens of the Territory. If it was ecutive in reference to Kansas affairs; but, for upon that information that the proclamation was my part, I can see no justification in the docufounded, then it is cruelly unjust to the Free Statements before us for such a proclamation and such men who asked for protection; for it is mainly orders as have been issued. When an invading directed, not against aggression from Missouri, army marched into Kansas, and controlled its but against some, fancied insurrection within the elections by driving its inhabitants from the polls Territory, when there is no evidence of any such we were told the President had no such officia contemplated insurrection in any of the docu- knowledge of the fact as would justify his interments communicated; and we have all the in- ference to protect the ballot-box. How is it that formation which was in the State Department at he could neither see nor hear of those invasions, the time the proclamation was issued. in utter disregard of an act of Congress, and yet is so ready, without any official information, te take notice of an opposition to the enactments of a spurious Territorial Legislature? The fact that Governor Reeder did not officially notify him of "If therefore the Governor of the Territory, of the President to see that the laws of the Unithe Missouri invasions is no excuse. It is the duty 'finding the ordinary course of judicial proceed-ted States be faithfully executed; and if Reeder ( ings and the powers vested in United States 'marshals inadequate for the suppression of in- neglected his duty, he should have removed him. 'surrectionary combinations or armed resistance It cannot be that the President was uninformed to the execution of the law, should make requi- of the manner in which the elections in Kansas were carried; the facts were proclaimed through'sition upon you to furnish a military force to out the land, and known to everybody. aid him in the performance of that official duty, you are hereby directed to employ for that purpose such part of your command as may in your 'judgment consistently be detached from their 'ordinary duty."

But the order of the Secretary of War to Colonels Sumner and Cooke is still more objectionable than the President's proclamation. The material part of it is as follows:

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I would not censure the President for making civil war in Kansas, or to put down resistance to use of the army of the United States to prevent acts of Congress; but I hope never to see the United States soldiers engaged in forcing subWould the officers to whom this order is direct- mission to the barbarous and inhuman acts of ed be authorized to go to the assistance of the that spurious Legislature which was forced upor Governor, to repel the expected invasion from the people of Kansas by violence and agains Missouri, should it be attempted? If not, and their will. As a remedy for existing evils, i he order is only designed to allow the United Congress will not restore the Missouri ComproStates forces to be used to prevent the Free State mise, it ought at least to annul the present Terrimen within the Territory from org nizing and torial acts, and give the actual settlers an opporarming to protect themselves against the appre-tunity to elect a Legislature for themselves-a hended invasion, it is both cruel and unjust. I privilege which they assert has thus far been an hardly think the order could have been so denied them, and which assertion this report does intended. But the point has been made before, not venture to deny.










The Senate having under consideration the motion of Mr. Rusk to fer so much of the President's Message as relates to foreign affairs to the Committee on Foreign Relations

Mr. WILSON said:

' not till then, the cry was raised, and the feeling 'industriously excited, that the influence of 'Northern men in the public councils would en'danger the relation of master and slave. This

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is a delicate and sensitive point in Southern Mr. PRESIDENT: In the memorable debate of feeling; and of late years it has always been 1830 on Foote's resolution, Mr. Webster, in that touched, and generally with effect, whenever magnificent speech, which won for him the proud the object has been to unite the South against title of the ablest defender of the Constitution, Northern men or Northern measures. This feelspoke of the Ordinance of 1787 as a meas- 'ing, always carefully kept alive, and maintained ure of great foresight and wisdom, which had at too intense a heat to admit discrimination or laid the interdict against personal servitude over reflection, is a lever of great power in our politithe region northwest of the Ohio while it was 'cal machine. It moves vast bodies, and gives yet a wilderness, deeper than all local laws or 'to them one and the same direction. But it is local constitutions. "We are accustomed," said without adequate cause, and the suspicion be, "to praise the lawgivers of antiquity; we 'which exists is wholly groundless. There is not, help to perpetuate the fame of Solon and Lycur- and never has been, a disposition in the North gus; but I doubt whether one single law of any to interfere with these interests of the South. lawgiver, ancient or modern, has produced effects Such interference has never been supposed to of more distinct, marked, and lasting character, be within the power of the Government; nor than the Ordinance of 1787." This tribute to the 'has it been in any way attempted. The Slavery crowning work of the old Congress of the Con-of the South has always been regarded as a federation brought upon him and upon his section of the Union the accusation of making an ouset upon the South; of interfering with their domestic institutions; of endangering the rela- The motive, Mr. President, for these unjust tion of master and slave. General Hayne, his accusations "of some persons in the South" distinguished opponent, who fought then the against the people of the North, is here clearly first great battle of nullification under the eye of stated by Mr. Webster. That motive has conhis great leader, Mr. Calhoun, who then presided tinued to animate this class of persons to this over the Senate, brought these accusations into day. It is even now stronger than when it the Senate, and hurled them against Mr. Webster, prompted the arraignment of Mr. Webster for his and against the people of the North. Mr. Web-eulogium upon the Ordinance of 1787. The ster met these accusations, these unjust reproach-"sensitive point in Southern feeling" has been es, with a prompt and emphatic denial. After "carefully kept alive" up to this hour, "and expressing his surprise that these charges should be brought into the Senate, he said:

"I know full well that it is and has been the settled policy of some persons in the South, for years, to represent the people of the North as disposed 'to interfere with them in their own exclusive and peculiar concerns. When it became necessary, or was thought so by some political per'sons, to find an unvarying ground for the exclu'sion of Northern men from confidence and from lead in the affairs of the Republic, then, and

' matter of domestic policy, left with the States 'themselves, and with which the Federal Government had nothing to do."

maintained at too intense a heat to admit discrimination or reflection." Nor were there wanting in 1830 Northern men to echo the words, and join in the cry against the people of the North. If Mr. Webster, for a simple and beautiful tribute to the beneficent effects of the Ordinance of 1787, was arraigned on this floor in 1830 by one of the most accomplished statesmen of the South; if there were then found Northern men ready to echo his words, surely the men who now vote to apply the principle of that great

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