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took ground emphatically against the ern statesman of mark that the sucRepublican organization and effort. cess of the Republicans would not In his speech at Albany, he said: only incite, but justify, a Southern re

“We see a political party presenting can-bellion. The facts that the “Na-. didates for the Presidency and Vice-Presidency, selected, for the first time, from the

tional Republicans," in 1828, supFree States alone, with the avowed purpose ported John Q. Adams and Richard of electing these candidates by the suffrages Rush-both from Free States—while of one part of the Union only, to rule over the whole United States. Can it be possible

their antagonists supported Andrew that those who are engaged in such a meas- | Jackson and John C. Calhoun, both ure can have seriously reflected upon the

slaveholders, and thus secured nearly consequences which must inevitably follow, in case of success? Can they have the madness or the folly to believe that our South conveniently ignored by Mr. Fillmore. ern brethren would submit to be governed by such a Chief Magistrate ? Would he be

The Presidential contest of 1856 required to follow the same rule prescribed was ardent and animated up to the by those who elected him in making his ap

October elections, wherein the States pointments? If a man living south of Mason and Dixon's line be not worthy to be of Pennsylvania and Indiana were President or Vice-President, would it be carried by the Democrats, rendering proper to select one from the same quarter as one of his Cabinet Council, or to repre

the election of Buchanan and Brecksent the nation in a foreign country? Or, inridge a moral certainty. In deindeed, to collect the revenue, or administer

er spite, however, of that certainty, the the laws of the United States? If not, what new rule is the President to adopt in select- | Republicans carried New York by a ing men for office that the people them plurality of 80,000, with the six New selves discard in selecting him? These are serious but practical questions; and, in or

England States, and Ohio, Michigan, der to appreciate them fully, it is only neces Wisconsin, and Iowa-giving Gen. sary to turn the tables upon ourselves. Sup Fremont 114 electoral votes. Mr. pose tbat the South, having the majority of the electoral votes, should declare that they

Buchanan carried Pennsylvania, New would only have slaveholders for President Jersey, Indiana, Illinois, California, and Vice-President, and should elect such by with all the Slave States but Marytheir exclusive suffrages to rule over us at the North. Do you think we would sub- land, which voted alone for Mr. Fillmit to it? No, not for a moment. And do more. New Jersey, Illinois, and Calyou believe that your Southern brethren are : less sensitive on this subject than you are,

ifornia, gave each a plurality only, or less jealous of their rights? If you do not a majority, of her popular vote let me tell you that you are mistaken. And, for the successful candidate. In the therefore, you must see that, if this sectional party succeeds, it leads inevitably to the de- aggregate, Mr. Buchanan received struction of this beautiful fabric, reared by 1,838,169 votes ; Col. Fremont our forefathers, cemented by their blood, and

1,341,264; and Mr. Fillmore 874,534: bequeathed to us as a priceless inheritance."

so that Mr. Buchanan, though he This speech is memorable not merely for its gross misapprehen

had a very decided plurality, lacked sion of the grounds and motives of

377,629 votes of a majority over both the Republican movement-repre

his competitors. Of the electors, senting its purposes as violent, ag

however, he had 174--a clear magressive, and sectional, when they

jority of 60. Major Breckinridge date back to 1784, and trace their paternity to Jefferson, a Southron by the same vote. and a slaveholder—but because this was the first declaration by a North-! The disturbed and distracted con

VOTING ON THE LECOMPTON CONSTITUTION. 249 dition of Kansas, resulting from the others to be allowed or counted. It efforts of her Missouri neighbors to was accordingly so taken, and the folforce Slavery upon her against her lowing was the return : will, necessarily attracted the early For the Constitution with Slavery.........6,266. attention of Mr. Buchanan's Admin For the Constitution without Slavery...... 567. istration. John W. Geary—the third So the Constitution with Slavery or fourth of her Territorial Govern was adopted. But, meantime, an ors—had recently resigned and left election had been held, on the first in disgust, and the selection of a suc- Monday in October, for a Territorial cessor was an obvious and urgent duty. Legislature under the bogus laws; The President's choice fell on Hon. and at this election most of the FreeRobert J. Walker, formerly Senator State men, trusting to the assurances from Mississippi, and Secretary of of Gov. Walker, had voted. Over the Treasury under President Polk, 11,000 votes were polled, of which who accepted the post with consider- - 1,600 were taken at a little precinct able reluctance. Frederick P. Stan- known as Oxford, on the Missouri ton, for ten years a representative in border, where there were but 43 votCongress from Tennessee, was associ ers; and 1,200 were returned from ated with him as Secretary.

McGee County, where no poll was Meantime, the double-headed ac-opened. But, notwithstanding these tion in Kansas proceeding, an im enormous frauds, the Free-State premense · majority of the settlers, ponderance was so decided that it though prevented by Federal force carried the Legislature and elected a from effecting such an organization delegate to Congress. This Legislaas they desired, utterly refused to ture, whose legality was now unquesrecognize the Legislature chosen by tioned, passed an act submitting the the Missouri invaders, or the officers Lecompton Constitution to a vote of thereby appointed : consequently, the people for or against it, on the each party held its own conven- | 4th of January, 1858. This Constitions and elections independent of tution provided that “the rights of the other. The pro-Slavery Legisla- property in slaves now in the Territure called a Constitutional Conven- tory shall in no manner be interfered tion in 1857, which met at Lecomp- with,” and precluded any amendment ton on the first Monday of Septem- prior to the year 1864; after which, ber. That Convention proceeded, of amendments could be made with the course, to form a pro-Slavery Consti concurrence of both houses of the legistution, which they pretended to sub- lature, and a majority of all the citizens mit to the people at an election held of the State. Thus, while the people on the 21st of December following. had not been allowed to vote against But at this remarkable election, held the Constitution, their seeming priviexpressly to ratify or reject a State lege of voting for it without Slavery Constitution, no one was allowed to was a delusion. In any case, Slavery vote against that Constitution. The was to have been protected and vote was to be taken " For the Con- perpetuated. But, at the election stitution with Slavery” or “For the authorized by the new Legislature, Constitution without Slavery" -- no which the Missourians did not choose

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to recognize as valid, and therefore did | Kansas of a proposition on the part not come over to vote at, the full poll of Congress to limit and curtail was returned as follows:

the grants of public lands and othFor the Lecompton Constitution with Slavery, 138; er advantages stipulated in behalf

of said State in the Lecompton ConAgainst the Lecompton Constitution, 10,226;

stitution; and, in case of their votgiving a majority of over 10,000 ing to reject said proposition, then against the said Constitution in any a new Convention was to be held shape.

and a new Constitution framed.

This bill passed both Houses ; 34 and The XXXVth Congress organized under it the people of Kansas, on the at Washington, December 7, 1857. 3d of August, yoted, by an overThere being a large Democratic ma

whelming majority, to reject the projority, Col. James L. Orr, of S. C., was position: which was, in effect, to reject elected Speaker. Mr. Buchanan, in the Lecompton Constitution. his Annual, as also in a Special Mes The Territorial Legislature had sage, I urged Congress to accept and now passed completely into the ratify the Lecompton Constitution. hands of the Free-State party, and, Senator Douglas took strong ground underits guidance, a new Constitutionagainst it. The Senate o passed- al Convention assembled at Wyandot Yeas 32, Nays 25-a bill accepting on the first Tuesday in March, 1859; this Constitution. But the House 33 | the people having voted, by a majoradopted a substitute, prepared by ity of 3,881, to hold such Convention. Senator Crittenden, of Kentucky, and The attempt to make Kansas a Slave proposed in the House by Mr. Mont- State was now formally abandoned gomery, a Douglas Democrat from in favor of an effort to organize it as Pennsylvania. This substitute re- a Democratic Free State. This, howquired a re-submission of that Con- ever, failed the Convention constitution to the people of Kansas, sisting of thirty-five Republicans to under such provisions and precau- seventeen Democrats. A Free State tions as should insure a fair vote Constitution was duly framed, wherethereon. It was adopted by the by the western boundary of the State House as a substitute for the Sen- was fixed at the twenty-third paralate bill — Yeas, 92 Republicans, 22 lel of longitude west from WashingDouglas Democrats, 6 Americans ton. This Constitution was adopted total 120; Nays, 104 Democrats, 8 at an election held on the first TuesAmericans—total 112. This amend- day in October, whereat the majority ment was rejected by the Senate, who for ratification was about 4,000. The asked a Committee of Conference; first undisputed State election was which, on motion of Mr. English, of held under it on the 6th of December Indiana, who had thus far acted with following, when Republican officers the Douglas men, was granted by 109 and member of Congress were electYeas to 108 Nays. The bill reported ed on a light vote, by majorities rangfrom the Conference Committee pro- ing from 2,000 to 2,500. posed a submission to the people of The Constitution framed by the

31 February 2, 1858. 32 March 23, 1858. 33 April 1, 1858. 34 April 30, 1858.

KANSAS ADMITTED-DRED SCOTT.

251 Convention at Wyandot was laid be- | 1860. At the next session of Confore the House, February 10th, 1860. gress, however, her application was On the 15th, Mr. Grow, of Pennsyl- renewed; and on the same days that vania, introduced a bill for the admis- Messrs. Jefferson Davis, Clement C. sion of Kansas into the Union ; Clay, Fitzpatrick, Mallory, and others, which was read a first and a second abandoned their seats and the Capitol time, and referred to the Committee to take part in the Southern Rebelon Territories. This bill was report- lion, a bill admitting her as a Free ed to the House from that Commit- State under the Wyandot Constitutee, and, on the 11th of April, it tion was called up by Gov. Seward, passed, under the Previous Question: , and passed the Senate: Yeas 36; Yeas 134; Nays 73. But the Senate, Nays 16. One week later, on mowhich was very strongly Democratic, tion of Mr. Grow, of Pennsylvania, stubbornly refused (32 to 27) to take it was taken up in the House, out of it up, and adjourned, leaving Kansas regular order, by 119 to 42, and still a Territory: so that, though passed. every way qualified for and entitled And thus, on the very threshold of to admission, she was remanded into our great struggle—no serious effort territorial vassalage by the very men having been made by the slaveholders who had been so eager to admit her, to colonize or conquer Nebraska--the two years before, when her popula- arduous contest opened by Mr. Dixon's tion and every other element of proposition to repeal the Missouri strength and stability were consider- Restriction, was closed by the admisably less. She was thus denied a sion of Free Kansas as the thirtyvoice in the election for President in fourth State of our Federal Union.

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XVIII.

THE DRED SCOTT CASE

DRED Scott, a negro, was, previ- | Snelling, on the other side of the Misously to 1834, held as a slave in Mis- sippi, in what is now known as Minsouri by Dr. Emerson, a surgeon in nesota, but was then an unorganized the U. S. Army. In that year, the territory of the United States, exdoctor was transferred to the military pressly covered by the Slavery Propost at Rock Island, in the State of hibition embodied in the Missouri Illinois, and took his slave with him. Compromise of 1820. Dr. Emerson Here, Major Taliaferro (also of the was likewise transferred to Fort Snelarmy) had, in 1835, in his service a ling in 1836, and here bought Harblack known as Harriet, whom he riet of Major Taliaferro, and held her

jor was transferred that year to Fort married to each other with his con

35 January 21, 1861.

sent soon after his arrival at the at the ripe age of eighty. None of Fort. Two children were born to the Judges appointed by any predethem; Eliza, in 1838, on board the cessor of Gen. Jackson survived. Of steamboat Gipsy, on their way down the nine who now composed that authe Mississippi, but still north of the gust tribunal, eight had been selected Missouri line; Lizzie, seven years from the ranks of the Democratic later, at Jefferson Barracks, in the party, and most of them for other State of Missouri. The doctor, with considerations than those of eminent Dred, Harriet, and Eliza, returned legal ability or acquirements. John thence to St. Louis, and he there con- McLean, of Ohio, was placed on the tinued to hold them as his slaves, bench, in 1829, by Gen. Jackson, in until he sold them, several years order to make room for a Postmasterlater, to John F. A. Sanford, of General who would remove from office the State and City of New York. the postmasters who had supported Finally, Dred brought suit for his Mr. Adams and appoint Jacksonians freedom, on the above state of facts, to their places; which McLean-havin the State Circuit Court of St. ing been continued in office by Mr. Louis County, Missouri, and obtained Adams, though himself for Jackson a verdict and judgment in his favor. --could not decently do. Roger B. But this was reversed by a judgment Taney, of Maryland, was likewise on a writ of error to the Supreme appointed by Jackson in 1836, as a Court of that State, from which an reward for his services in accepting appeal was taken to the courts of the the post of Secretary of the Treasury United States, and the case came to and removing the Federal deposits trial in May, 1854. Having been from the United States Bank, upon fully heard by the Supreme Court at the dismissal of William J. Duane, Washington, that court was about to of Pennsylvania, for refusing to make decide it at its term of 1855-6; but such removal. Mr. Taney, born in the controlling majority of its Judges 1777, was an ultra Federalist preconcluded, in view of the pending viously to his becoming a JacksoPresidential election, and the strong nian, but always a devotee of prerogexcitement which the Nebraska bill ative and power. Of his associates, and the Kansas outrages had aroused beside Judge McLean, only Samuel throughout the Free States, to defer Nelson, of New York, and Benjamin rendering judgment until its next R. Curtis, of Massachusetts, were ever session. It is quite probable that presumed qualified, either by nature its action in the premises, if made or attainments, for judicial emipublic at the time originally intend- nence. ed, would have reversed the issue of The decision and opinions of this that Presidential election. The em-Court, in the case of Dred Scott, had inent Chief Justice John Marshall, not been made public when Mr. who had so long presided over that Buchanan was inaugurated ;' but tribunal, and whose opinions had won that gentleman had undoubtedly for it a weight and influence rarely been favored with a private intimaaccorded to any court, died in 1835 tion of their scope and bearing:

1 March 4th, 1857.

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