We left Charles Sumner telling the Senate that the Remedy of Folly, to disarm the antislavery Kansans and tell them to make do, would not fly. To this point, Sumner has answered the non-solutions of his foes to Kansas’ troubles with a mix of ridicule and reasoned debate. His contempt shines through. For the next non-solution, he had a threat. The new remedy committed an injustice and risked civil war.
The remedy of Injustice and Civil War came in a handy carrying case, a bill before the Senate which would authorize the governor and legislature of Kansas to conduct a census. When that census turned up 98,420 people, they could go ahead and hold a constitutional convention. From there they would write a state constitution and apply for admission to the Union like any other territory did.
In ordinary times, no one would raise an eyebrow at that. Sumner objected on the grounds that, while the proposed law followed normal procedures, it left every judgment in the hands of the proslavery governor and his proslavery legislature. By doing so, the bill’s supporters “recognize the very Usurpation in which the crime ended, and proceed to endow it with new prerogatives.” How much could you trust a census run by the bogus legislature?
Furthermore, the proslavery government of Kansas need not take those steps at all. Nothing in the law obligated them to run the census and move ahead, fairly or otherwise. Since the legislature would not meet again until January of 1857, this solution to Kansas’ troubles promised they would continue at least until January, plus whatever time the census and constitutional convention required, if the legislature chose to go ahead. All that kept Kansas in the spotlight, “this great question open, to distract and irritate the country.”
Even by the standards of Sumner’s foes, this just did not do the job. If they wanted Kansas over and done with, they should not embark on a plan that would leave the question untouched and invite further mayhem for more than half a year. Sumner, understandably, cared less about that detail than they might. He moved on to note the real problem: the Senate bill consolidated proslavery control of the territory.
Pass this Bill, and you enlist Congress in the conspiracy, not only to keep the people of Kansas in their present subjugation, throughout their territorial existence, but also to protract this subjugation into their existence as a State, while you legalize and perpetuate the very force by which slavery has already been planted there.
To underline the point, Sumner noted that the bill endowed a legislature which as a practical measure outlawed political antislavery with the power of decision. It might have set aside the legislature’s test acts to vote in delegate elections to the constitutional convention, but in admitting their injustice for that the Senate only raised the question of why to keep them for anything? Many genuine Kansans lost the franchise under those laws. Many Missourians could come over and vote untroubled by them. In effect, the Senate didn’t mind that but set up a fig leaf to obscure the fact.
In characterizing this Bill as the Remedy of Injustice and Civil War, I give it a plain, self-evident title. It is a continuation of the Crime against Kansas, and as such deserves the same condemnation. It can only be defended by those who defend the Crime. Sir, you cannot expect that the people of Kansas will submit to the Usurpation which this bill sets up, and bids them bow before-as the Austrian tyrant set up his cap in the Swiss market-place. If you madly persevere, Kansas will not be without her William tell, who will refuse at all hazards to recognize the tyrannical edict; and this will be the beginning of civil war.