7 institution, which is essential and indispensable, not only in all republican systems of government, but even in every free State, whatever may be the form of its government. The question has been asked a thousand times, Why does the republican system fail in Spanish America? The answer is truly given as often, that the republican system fails there, because the trial by jury has never existed in Spanish America, and cannot be introduced there. Lend your ear, if you please, while I repeat another of these statutes of the Territory of Kansas: “ AU officers elected or appointed under any existing or subsequently-enacted laws of this Territory, shall take and subscribe the following oath of office: ‘I, -------, do solemnly swear, upon the holy Evangelists of Almighty God, that I will support the Constitution of the United States, and that I will support and sustain the provisions of an act entitled “An act to organize the Territories of Nebraska and Kansas,” and the provisions of the law of the United States commonly known as the “ Fugitive Slave Law,” and faithfully and impartially, and to the best of my ability, demean myself in the discharge of my duties in the office of-------; so help me God.’ ” Here is an edict which establishes a test oath, based on political opinion, and, by disfranchising one class of citizens, devolves the government upon another class, and thus subverts that principle of equality, without which no truly republican government has ever existed, or ever can exist. Excuse me, Senators, for calling to your notice a third chapter in the Territorial code of Kansas: “ If any free person, by speaking or by writing, assert or maintain that persons have not the right to hold slaves in this Territory, or shall introduce into this Territory, print, publish, write, circulate, or cause to be introduced into this Territory, written, printed, published, or circulated, in this Territory, any book, paper, magazine, pamphlet, or circular, containing any denial of the right of persons to hold slaves in this Territory, such person shall be deemed guilty of felony, and punished by imprisonment at hard labor for a term of not less than two years.” “If any person print, write, introduce into, publish, or circulate, or cause to be brought into, printed, written, published, or circulated, or shall knowingly aid or assist in bringing into, printing, publishing, or circulating, within this Territory, any book, paper, pamphlet, magazine, handbill, or circular, containing any statements, arguments, opinion, sentiment, doctrine, advice, or innuendo, calculated to produce a disorderly, dangerous, or rebellious disaffection among the slaves in this Territory, or to induce such slaves to escape from the service of their masters, or to resist their authority, he shall be guilty of felony, and be punished by imprisonment and hard labor for a term not less than five years.”. Sir, ever since the debate about the extension of Slavery in the Territories of the United States began, I have from year to year, from month to month, and sometimes even from day to day, in this place,- and at other posts of public duty, spoken, written, printed, published, and circulated speeches, books, and papers, which constructively would be pronounced felonious, if such a law as this had been in force at the place where that duty was performed. I have not hesitated, in the spirit of a free man, and, so far as I can claim such characters, under the responsibilities of a statesman and a Christian, to scatter broadcast over the land, and even throughout the Territory of Kansas itself, statements, opinions, and sentiments, which, though designed for a purpose different from that mentioned in this edict, I doubt not would by prejudiced judicial construction be 'held to fall within its inhibition. Whatever other Senators may choose to do, I shall not direct the President of the United States to employ a standing army in destroying the fruits of Freedom which spring from seeds I have conscientiously sown with my own free hand. This statute, sir, ;if so you insist on calling it, subverts the liberty of the press and the liberty of speech. Where on earth is there a free Government where the press is shackled and speech is strangled ? When the Republic of France was subverted by the First Consul, what else did he do, but shackle the press and stifle speech. When the second Napoleon restored the Empire on the ruins of the later Republic of France, what else did he do, than to shackle the press and strangle debate ? When Santa Anna seized the Government of Mexico, and converted it into a dictatorship, what more had he to do than shackle the press and stifle political debate ? Behold, Senators, another of these statutes. In the chapter which treats of the writ of habeas corpus we have this limitation : “No negro or mulatto, held as a slave within this Territory, or lawfully arrested as a fugitive from service from another State or Territory, shall be discharged, nor shall his right of freedom be had, under the provisions of this act.” This is an edict, which suspends the writ of habeas corpus. It relates indeed to a degraded class of society, but still the writ which is taken away from that class is the writ of habeas corpus, and those who are to be deprived of it by the edict may be freemen. The State that begins with denying the habeas corpus to the humblest and most obscure of freemen, will not be long in reaching a more indiscriminate proscription. It ought to be sufficient objection here, against all these statutes, that they conflict with the Constitution of the United States, the highest law recognised in this place. I myself denounce them for that reason, as I denounce them also
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