amendments to the Constitution which follow it, was submitted by Congress to the various States in 1789, immediately after the adoption of the Constitution itself, with the following preamble:
"The conventions of a number of States having, at the time of their adopting the Constitution, expressed a desire, In order to prevent misconstruction or abuse of its power, that 'further declaratory and restrictive clauses should be added.'"
Therefore the amendments that followed were proposed.
Thus it is conclusively proven that the amendment, prohibiting any abridgment of the freedom of speech, was adopted to prevent an "abuse of power," which our forefathers feared might be attempted by some degenerate descendants at some later period of our history. But, though they thus sought to preserve and protect free speech by constitutional provision, their prophetic fears have been realized by the enactors of the Kansas code. Its one hundred and fifty-first chapter on pages 604 and 605, is entitled "An act to punish offences against slave property;" and there is no decree of Austrian despot or Russian Czar which is not merciful, in comparison with its provisions. Here, sir, in the very teeth of the Constitution, is section twelve of that chapter:
"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 persons shall be deemed guilty of felony and shall be punished by imprisonment at hard labor for a term of not less than two years.
How many more than two years he shall be punished is left to the tender mercy of Judge Lecompte and the jury which "Sheriff Jones" will select for their trial. The President of the United States has sworn to support the Constitution; but this, with the other "laws of Kansas," are to be enforced by him, despite that Constitution, with the army of the United States; and Mr. Buchanan is pledged by Judge Douglas to "the firm and undivided execution of those laws." But, sir, in a few short months the people, the free people of the United States, will inaugurate an Administration that will do justice to the oppressed settlers of Kansas, that will restore to them their betrayed rights, will vindicate the Constitution, and will place in the offices of trust of that ill-fated Territory men who will overthrow the "usurpation," give their official influence to freedom and the right, rather than to slavery and the wrong, and protect rather than oppress the citizens whom they are called upon to govern and to judge.
Second. The same constitutional amendment prohibits the passage of any law "abriding the freedom of the press;" and here, sir, in flagrant violation of it, is the 11th section of the same law in the Kansas code, page 605:
"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, opinions, 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."
And, under this atrociously unconstitutional provision, a man who "brought into" the Territory of Kansas a copy of "Jefferson's Notes on Virginia," which contains an eloquent and free-spoken condemnation of slavery, could be convicted by one of "Sheriff Jones's" juries as having introduced a "book," containing a "sentiment" "calculated" to make the slaves "disorderly," and sentenced to five years' hard labor. Probably under this provision, as well as the charge of high treason, George W. Brown, editor of the Herald of Freedom, at Lawrence, has, after his printing press has been destroyed by the order of Judge Lecompte's court, been himself indicted, and is now imprisoned, awaiting trial—kept, too, under such strict surveillance, far worse than murderers are treated in a civilized country, that even his mother and wife were not; allowed to visit him until he had humbly petitioned the Governor for permission. And this upon the soil of a Territory which our forefathers, in 1820, in this very Hall, dedicated by solemn compact, to "freedom forever."
Third. The sixth amendment to the Constitution of the United States declares that, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury," It is significant that, in the Constitution itself, it had been provided, (article 3, section 2,) that "the trial of all crimes, except in cases of impeachment, shall be by jury." But, to prevent "abuse of power," this, with other amendments, were adopted, declaring that the trial shall be by an impartial jury. I have already shown you how impartially they are to be selected by sheriffs who go about and imitate, in their conduct towards free-State men, the example of Saul of Tarsus in his persecution of the early Christians, (Acts, chapter 8, verse 3, "entering into every house, and seizing men and women, committed them to prison;") and I have quoted you a section, showing how impartially they are to constituted, with men on one side only; but in this very chapter, the concluding provision, section thirteen, (page
