• It was determined in the affirmative,
• Yeas ... 35
• Nays ... 4

"Provided, nevertheless, That no part of the military force of the United States herein provided for shall be employed in aid of the enforcement of the enactments of the alleged legislative assembly of the Territory of Kansas, recently assembled at Shawnee Mission, until Congress shall have enacted either that it was or was not a valid legislative assembly, chosen in conformity with the organic law, by the people of the said Territory: And provided, That, until Congress shall have passed upon the validity of the said legislative assembly of Kansas, it shall be the duty of the President to use the military [Page 544] force in said Territory to preserve the peace, suppress insurrection, repel invasion, and protect persons and property therein and upon the national highways, in the State of Missouri or elsewhere, from unlawful seizures and searches.

"And be it further provided, That the President is required to disarm the present organized militia of the Territory of Kansas, to recall all the United States arms therein distributed, and to prevent armed men from going into the said Territory to disturb the public peace or to aid in the enforcement or resistance of real or pretended law."

• It was determined in the affirmative,
• Yeas ... 29
• Nays ... 9

On motion by Mr. Wilson,

The yeas and nays being desired by one-fifth of the senators present,

These who voted in the affirmative are,

Messrs. Adams, Allen, Bayard, Bell, of Tennessee, Biggs, Bright, Brodhead, Butler, Clay, Clayton, Douglas, Geyer, Hunter, Iverson, Jones, of Iowa, Jones, of Tennessee, Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson, of Kentucky, Thomson, of New Jersey, Weller, Wright, Yulee.

Those who voted in the negative are,

Messrs. Collamer, Fessenden, Foot, Foster, Harlan, Seward, Trumbull, Wade, Wilson.

No further amendment being proposed, the bill was reported to the Senate, and the amendment was concurred in.

Ordered, That the amendment be engrossed and the bill read a third time.

The said bill, as amended, was read the third time.

On the question, Shall the bill pass?

• It was determined in the affirmative,
• Yeas ... 27
• Nays ... 8

On motion by Mr. Seward,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Adams, Allen, Bayard, Biggs, Bright, Brown, Butler, Clay, Douglas, Geyer, Hunter, Iverson, James, Jones, of Iowa, Mallory, Pearce, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson, of Kentucky, Thomson, of New Jersey, Weller, Wright, Yulee.

Those who voted in the negative are,

Messrs. Durkee, Foot, Foster, Harlan, Seward, Trumbull, Wade, Wilson.

So it was

Resolved, That the bill pass with an amendment.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

On motion by Mr. Weller,

The Senate adjourned.

**********

1856 was a very good year for establishing the FACT of the individual right of the American People to Keep and Bear Arms. To Wit:

The U.S. Supreme Court decision of 1856 in Dred Scott v. Sandford;

"...More especially, it cannot be believed that the large slaveholding States regarded them as included in the word citizens, or would have consented to a Constitution which might compel them to receive them in that character from another State. For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went...."

And, the U.S. House and Senate had enacted the following;

"Sec. 16. And be it further enacted. . . . And in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or be in force in said Territory that shall in any manner interfere with or affect private contracts or engagements bona fide and without fraud previously proved. And the people of said Territory shall be entitled to the right to keep and bear arms, to the liberty of speech and of the press, as defined in the constitution of the United States, and all other rights of person or property thereby declared and as thereby defined.

"Sec. 17. And be it further enacted, That the following propositions be, and the same are hereby, offered to the said convention of the people of Kansas, when formed, for their free acceptance or rejection, which, if accepted by the convention and ratified by the people at the election for the adoption of the constitution, shall be obligatory on the United States and upon the said State of Kansas, to wit:...

- Journal of the House of Representatives of the United States, SATURDAY, June 28, 1856.

"That, for the purpose of making an enumeration of the inhabitants, authorized to vote under the provisions of this act, an apportionment and an election of members of a convention to form a State constitution for Kansas, as hereinafter provided, five competent persons shall be appointed by the President, by and with the advice and consent of the Senate, to be commissioners,a majority of whom shall constitute a quorum, for the purpose of carrying into effect the provisions of this act, each of whom, before entering upon the duties of his office, shall take and subscribe an oath or affirmation that he will support the Constitution of the United States, and faithfully and impartially exercise and discharge the duties enjoined on him by this act . . . . Sec. 18. And be it further enacted, That inasmuch as the Constitution of the United States and the organic act of said Territory has secured to the inhabitants thereof certain inalienable rights, of which they cannot be deprived by any legislative enactment, therefore no religious test shall ever be required as a qualification to any office or public trust; no law shall be in force or enforced in said Territory respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble and petition for the redress of grievances; the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized; nor shall the rights of the people to keep and bear arms be infringed...."

"...It was determined in the affirmative,

Yeas ... 32

Nays ... 13

- Journal of the Senate of the United States of America, TUESDAY, July 8, 1856.

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