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On the motion to print thirty-one thousand extra copies of the Reports of the Iajority and Minority of the Committee on Territories, in reference to Affairs in Kansas.




In the remarks which I have to make, I have no idea of putting myself, or the State which I have the honor in part to represent, in the position of defending any such doctrines as the ma

direct assertion, to attribute to those who differ from its conclusions.

IN SENATE, FRIDAY, MARCH 14, 1856. Mr. JOHNSON. Mr. President, I ask leave to make a report on the resolution referred to the Committee on Printing on Wednesday last, to print sixty-two thousand copies of the majority and minority reports of the Com-jority report seeks, by argument rather than by mittee on Territories in relation to Kansas affairs. The cost of printing sixty-two thousand extra copies, as proposed by the Senator from Ohio, [Mr. PUGH,] will be 82,213. The Committee on Printing have authorized me to report in favor of printing thirty-one thousand instead of sixty two thousand-just half the number. Sixty-two thousand would give one thousand copies to each Senator; but we have thought that five hundred would he sufficient. It is for the Senate to judge, however. We report in favor of printing thirty-one thousand of those two reports from the Committee on Territories, the cost of which will be


The PRESIDENT. The question is on concurring in the report of the committee.

I do not intend to justify interference in the internal affairs of Kansas by the people of any portion of the Union, contrary to law, and in violation of the Kansas-Nebraska act. I do not design to justify either insurrection or treason in any quarter; nor am I to be frightened from a statement of what I believe to be the true condition of things in Kansas, by the cry of insurrection and treason, where none exist. While opposed to insurrectionists and traitors, I am equally opposed to tyrants and usurpers; and would be as ready to assist in putting down the one as the other.

I deny, sir, that there is occasion to speak of any of the inhabitants of Kansas as traitors to this Government, or that there is any insurrection in that Territory, such as has been indicated in some of the documents which have been sent to this body.

Mr. TRUMBULL said: Mr. President, I cannot consent, entertaining the views which I hold, that this report shall go before the country without expressing my dissent. I am aware, sir, that it is here accompanied by a minority report, which, in my judgment, presents this Kansas question in a masterly manner. It utterly refutes the majority report upon the great question at issue; but In discussing this matter, it is important to having been prepared without an opportunity to keep in view the distinction between a State and examine the majority report, it was impossible a Territorial Government. Much is said in the that it could meet and expose all its unfounded report before us of the injustice of one State interassumptions. Had the two reports gone out to-fering in the domestic affairs of another-much gether, I would have been content; but, sir, the about the impropriety of attempting to impose an report of the majority has already been placed inequality on any of the States. Is there any before the country, unaccompanied by that of the man in this land who ever thought that the citiminority. It was sent out in advance of its de-zens of one State had a right to interfere with the livery to the Senate, and has appeared in a news- domestic institutions of any other State, or is paper published in the city of New York before it there one who denies that the States of this Union cold be printed in Washington; and containing, are entitled to equal rights? Is that the position as in my judgment it does, many unwarranted of those who have opposed the measure which assaptions, many inconsistencies, many false has caused the present agitation, and is threatendeductions from admitted premises, and advancing us with civil war? ing many erroneous propositions, I cannot consent Sir, the people whom I in part represent enterthat it shall now pass from our consideration un-tain no such views. The people of the State of noticed, inasmuch as, iosing this opportunity, we Illinois, permit me to say, are loyal to this Union, may not soon have another to express our views to the Constitution, and all provisions of the Conupon it. Istitution; and when they condemned the lepart

of Kansas, in order to admit it into the Union,
shows that the first act was not passed with that
view. The first act does not provide for the ad-
mission of Kansas as a State; and yet we are
gravely told, in this document, that the only power
which the Congress of the United States has to
form a Territorial Government, is that which is
derived from the power to admit a new State !
I have no difficulty, myself, in finding the
power in that other clause of the Constitution
which declares that "Congress shall have power
to make all needful rules und regulations respect-

ure from the measures of 1850 by the repeal of the Missouri Compromise, and the opening afresh of this dangerous Slavery question-which, to use the language of the distinguished Senator from Michigan, [Mr. CASS,] is the only question "which can ever put to hazard our Union and safety "they had not the remotest idea of interfering with the domestic institutions of the States. Why, I ask, is it eternally thrust in the faces of those who oppose the extension of Slavery into free territory, that they want to produce an inequality among the States? Whether Slavery shall be permitted to extend into Territories belonging to the Uniteding the territory or other property belonging to States, from which it was excluded by acts of the United States." I see no propriety in limitCongress for more than a generation, is quite ing the word "territory" merely to land. The another thing from going into the States, and in- men who framed our Constitution understood the terfering with the institution there. Persons who English language. They would not have used were opposed to the repeal of the Missouri Com- more words than were necessary to express the promise, and who are now opposed to the spread idea they had in view. If the design was simply of Slavery to the Territory it made free, are not to allow Congress under that provision to make Abolitionists, though they may be falsely so called. needful rules and regulations respecting the propThe expression "abolitionize" appears in this erty of the United States, why say "the terrireport, is sometimes used in this Chamber, as also tory or other property?" It would have been the epithet "Black Republican;" but I trust that sufficient to have said, simply, "they shall have neither Senators nor the people are to be driven authority to make all needful rules and regulafrom a just consideration of public measures by tions respecting the property belonging to the the fear of incurring some opprobrious epithet, United States." But, sir, they did not stop there. applied to them by those who have no other argu- They said respecting "the territory" as well as ment to offer. The veriest simpleton in your the "other" property, and it should be borne in streets may cry out "Black Republican " or " Ab-mind that the framers of the Constitution were olitionist." I do not design applying offensive names to the people of any part of this country, nor is it my intention to say anything offensive to any gentleman upon this floor, or to advocate any other doctrines than those which have been handed down to us by the Democratic fathers of the Republic. My position on the subject of Slavery is the one occupied by all parties, but a very few years ago-by men in the South as well as in the North.

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laying the foundations for a political Government. The great object in view was to prepare a Constitution for the government of persons, not merely to regulate the sale of lands. At that very time there was belonging to the United States the Northwestern Territory, and provision had then been made for its government. Some of the very men in the Convention which formed the Constitution had co-operated in passing the Ordinance of 1787 respecting that Territory, and they doubtless incorporated this clause in the Constitution, with the very intention of continging the power to govern it.

Having said thus much, I propose to refer to some portions of this report. And the first proposition to which I desire to call attention, is the argument to show that the power of Congress to regulate the Territories of the United States is derived from that clause in the Constitution which authorizes the admission of new States into the Union. I think it is not very material whence the power of Congress to regulate the Territories is derived; it is enough that it exists; but in hunting for that power, At occurs to me that one of the last causes from which it can be properly deduced is that from which the committee seek to derive it. The power "to admit new States " into the Union gives to Congress, says this report, the power to govern Territories! Why, sir, the very action recommended by the committee con-pendent nation if we had not this power to actradicts the assumption. The report concludes with the statement that a bill is to be introduced to authorize the people of the Territory of Kansas, when its population shall have attained a certain number, to form a State Government, preparatory to admission into the Union. The power to pass such an act may be derived, perhaps, from the clause in the Constitution of the United States which authorizes the admission of new States; and the very fact that a new law is necessary since the act was passed organizing the Territory

In view of these facts, is it reasonable to suppose that they intended the word "territory in that limited sense which the committee have thought proper to give it?

Sir, there are other clauses in the Constitution of the United States from which this power might be derived. There is the treaty-making power. Can it be said that this great Government was formed with authority to declare war and make peace, and yet was left without the power to provide a temporary Government for the countries it might, at any time, by the chances of war, conquer and possess? We should not be an inde

quire territory by the force of arms, and, when we obtained it, to protect and govern its inhabitants until they should become sufficientiy numerous to form a State Government for themselves.

But, sir, I will not dwell on this. The power is admitted, but it is admitted to a very limited extent. Here I wish to point out one of the inconsistencies of the report. It says:

"So far as the organization of a Territory may be necessary and proper as a means of carrying into effect the provision of the Constitution for

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