10 ture of the resistance encountered seemed to require. This, has been the form of Executive action. What has been the conduct of the Judicial department? Courts of the United States have permitted grand juries to find and have maintained indictments unknown to the laws of the United States, to the common law, and to the laws of all civilized countries—an indictment of a tavern as a nuisance, because the political opinions of its lodgers were obnoxious; an indictment of a bridge over a river for a nuisance, because those who passed over it were of opinion that the establishment of Slavery in the Territory was injurious to its prosperity; indictments even of printing presses as nuisances, because the political opinions which they promulgated were favorable to the establishment of a.Free State Government. Either with a warrant from the courts, or without a warrant, but with their connivance, bands of soldiers, with arms belonging to the United States, and enrolled under its flag, and directed by its marshal, combining with other bands of armed invaders from without the Territory, and without even the pretence of a trial, much less of a judgment, have abated the alleged nuisance, of a tavern by levelling it to the ground, and the pretended nuisances of the free presses by casting type and presses and compositors’ desks into the Kansas river. Moreover, when the citizens, whose obedience to these laws was demanded, sought relief in the only constitutional way which remained open to them, by establishing conditionally, and subject to the assent of Congress, to be afterwards obtained, a State Government, provisional Executive officers, and a provisional Legislature, indictments for constructive treason were found in the same courts, by packed grand juries, against these provisional Executive officers, and a detachment of the army of the United States entered the Legislative Halls, and expelled the representatives of the people from their seats. During the intense heat of this almost endless summer, a regiment of Federal cavalry performs its evolutions in ranging over the prairies of Kansas, holding in its camp, as prisoners under martial law, without bail or mainprize, not less than ten citizens, thus indicted in those Federal courts for the pretended crime of constructive treason. The penalty of treason, under the laws of the United States, is death. What chance for justice attends those citizens ? I will show you. The judge who is to try them procured the indictments against them, by a charge to a packed grand jury, in these words: “This Territory was organized by an act of Cpngreaj, and, so far, its authority is from the United States. It has a Legislature, elected in pursuance of that organic act. This Legislature, being an instrument of Congress by which it governs the Territory, has passed laws. These laws, therefore, are of United States authority and making; and all that resist these laws, resist the power and authority of the United States, and are therefore guilty of high treason. “ Now, gentlemen, if you find that any persons have resisted these laws, then you must, under your oaths, find bills against such persons for high treason. If you find that no such resistance has been made, but that combinations have been formedfor the purpose of resisting thenn and individuals of influence and notoriety have been aiding and abetting in such combinations, then musty on still find bills for constructive treason,” &c. What will it avail their defence, before such a court and such a judge, that the Constitution of the United States declares, directly and explicitly, that treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. Thus you see, Senators, that the Executive authority, not content with simple oppression, has seized upon the Judiciary, and corrupted and degraded it, for the purpose of executing these pretended and intolerable laws of Kansas. The judge who presides in the Territorial courts is a creature of the President of the United States, and holds his office by the tenure of Executive pleasure. While The sword of Executive power is converted in Kansas into an assassin’s dagger, the ermine of Justice is stained with the vilest of contaminations. What cause is there for surprise, then, in the administration of Government in Kansas, under such laws, and in a manner so intolerable, that a civil war has been brought about by affidavits, an armed force has been employed in executing process for contempt, and an unauthorized and illegal detachment is enrolled in the service of the United States, and employed in abating domestic, social, and political institutions, under the name of nuisances? What wonder is it that a city has been besieged with fire and sword, because it was supposed to contain within its dwellings individuals who denied the legality and obligation of the pretended laws ? What wonder that a State, a provisional State, erected in harmony with the Constitution and with custom, and waiting our assent for admission into the Union, has been subverted by a mingled process of indictments and martial demonstrations against constructive treason? Who can fail to see, through the cloud which Executive usurpation and Judicial misconstruction have raised, for the purpose of cover-
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