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![handle is hein.usreports/ksadtesm0001 and id is 1 raw text is: KANSAS AND THE SUPREME COURT.
SPEECH
OF
JOHN P. HALE, OF NEW HAMPShIRE.
Delivered in the United States Senate, January 19 and 21, 1858.
The Senate proceeded 10 the consideration of the motion shows that he understands the Nebraska bill just
to refer so mueh of the President's inessae as relates to exactly as well as if he had been here, part and
Kansas affairs to the Committee on Territories. eactly
Mr. HALE. Mr. President, in addressing my- parcel of it at the time it was passed. That is
self to the Senate, on this occasion, permit me to reason wy I am opposed to this measure.
say that I am not one of those who think that the I was opposed to the bill; I have been opposed
introduction of this subject into the debates of to it in its origin, in its progress, in its t
the Senate was either premature or ill-timed. I mation, and in its effects. I was opposed to the
belive tati was aerpriatre ited tt planting of the seed, to its swelling and bursting
believe that it was appropriately itroduced ; that into life, to its spreading foliage, and 1 am opposed
its introduction was expected by the pubf ; and to the ripe fruit which we are about to gather
considering the extraordinary position of the from it. Having said that, I come back to say
President of the Urted States, I should think what the object of the bill was.
that those who differed from him widely upon the 1 have but one rule by which to judge of the
measure which is so prominent would have been objects of a public act, and that is, by reading
derelict in their duty if they had failed to chal- I it ; and thus seeing what its purport, meaning,
lenge at the very outset the doctrine promulgated object, and intent is, as embodied in the bill it-
in his message. I may excuse myself-and 1 can self. I do not go to the motives of individual
only speak for myself, though it is not impossible gentlemen who voted for the bill, and ask them
that some friends who sympathize with me may what it means; and if I were in a court of law,
have been gove ned by the same motive-when 1 and the construetion of the Kaas-Nebraska aw,
say that thus far 1 have refrained from throwing was hup, eand I could bring the afidarit of eact
myself prominently before the Senate and before man that voted for it, and they should swear that
the country on this question, for the reason that it was not their intention to introduce Slavery
I believed there was a greater euriosity in the into any Territory or State, that would not be
they ou a ataot here wasbto know a t so received by the court ; it would not begin to raise
thue wol~,tan indiidua was selfw woul say a presumption as towhat the intention of the
humirle an indiv idual as myself would say. act was. But, sir, you must look to the act it-
Amongst those gentlemen for the expression of self, to t, sr, o the times in which it was
whose sentiments the public waited with deep se, to the story of thies in which it was
and earnest and anxious solicitude, prominent paed, and to ths state of things to which itwas
stood the Senator from Illinois, [fir. DOUGLAS;] made to apply, in order to get at its object.
and however I tmay animadvert upon his po- The Kansas-Nebraska bill on its face professes
sition in some respects, I must do him th- to be a very harmless affair. The gist of it is
credit to say that in that emergency he fully comprised in these few lines:
met the public expectation, and frankly and ably .It being the true intent and meaning of tti act not to
met the issue which the President had tendered legislate Slavery into any Territory or State, or to ex.
to hm. S fa I acor wit hi andas lud it therefrnm, but to leave the people thereof per-
to him. So far I accord with him; and as I feetly free to fortm and regulate their eomesuc intitutions
accord with him on one other point, I may in their own way, subject only to the Constitution of the
as well mention it at once, and then go on to the U'nit.d States.'
divergence. I agree with him in opposing this We begin to understand something of the great
Lecompton Constitution, in opposing the recom- popularity of this bill at the South. It is be-
mendation of the President to force it on the ! cause Congress most graciously condescends to
necks of an unwilling people; I agree with him inform the slave States that they do not mean
there entirely anl fully ; but I am not opposed to to abolish Slavery in those States- it being
the Lecompton Constitution, I am not opposed to the true intent and meaning of this act not to
the President's attempt to force it on the necks exclude Slavery from any State. The Repre-
of that people, I ant not opposed to this attempt |sentatives of those States must have breathed
to substitute force for reason, hecause it is eon- more freely, as Mr. Webster said on another oc-
trary to the principles and policy of the Nebraska casion, when they were assured that Congress
bill, but becau,e it is in exact conformity with did not mean to abolish Slavery in their States.
them, part of the original programme. carrying it We had said so individually, over and over again;
out, if not in letter, in spirit exactly. Sir, if but I take it the public mind must have been
there has been a controversy between that dis- put at rest when it was embodied in a solemn
tinguished Senator and the President of the legislative enactment, that the Congress of the
United States, I think the palm of victory must United States did not mean to abolish Slavery
be awarded to the President, and that notwith- in any State. The act goes further, and assures
standing he was out of the country, away over in us of the free States that Congress did not mean
England, discharging the high diplomatic duties to legislate Slavery into our States. Sir, this
which his country had devolved on him. I think I was gracious and gratuitous. I do not know
whenheundertakesto bringinthe Federal arnyto 1 how gentlemen may receive it; but I tell the
force this Constitution on the people of Kansas,he Congress of the United States, that when they](ViewImageLocal?handle=hein.usreports/ksadtesm0001&div=1&collection=&method=preview&ext=.png&size=3)