The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-03

dist nglished southern member Of the other House Mr.
Burr OF South Cardinal proposed in good faith, Janu
airy 49, 1877, amendment to the Oregon bill ther
pending TO extend that line to include Oregon in
that compromise. This proposition rejected by the
votes from the non slaveholding States They repud
aed the compromise. What course then left to the
South but Submission to the exercise of the asserted pow
to the full extent claimed by the non-saveholdins
States that resistance which has since been made to
the attempted usurpation and which, ii may be relied
will not in this be abated the enactment
of the law by which it is proposed in effect to draw
black lines around the slavehoding States, and sex
punge" Them from the constitution and Union not be-
ing equal in character the other States entitled 10
equal privileges!
And now, Mr. President, put the question, Can the
precedent-as an admission by the South of the power
claimed! Is it entitled to any respect such II may
be with Others Some may find in such precedent sufi
cient for the violation OF the fundamental prnci
pies of this government and of the constitution.
not. coincide most cordially with Mr.. Clay in the
views he maintained in speech in this chamber in ISL
see note H. appendix against the recharter OF the United
States Bank, and which, in my Judgment no surpassed
ability and for Its soundness by any speech made
in Congress Preccdents are not our guides. The con
sttuton should be polar STAR and is OF itself asu
cient with those disposed to adhere to il.
1t isa rule of reason well as of law, that in a
psaecW compromise OF matter OF dispute as to right
and power, and IN agreeing to its exercise to specified
limit there Is no implied concession OF the right or power
hairs breadth beyond such limit; and, on the other
hand it is air to imply from an express Limitation OF the
OF the asserted power agreed to by the party claim
ing that such Limitation should be permanent otherwise,
there such thing compromise. In every case, the
party yielding sb BY 50 Yielding wGd esP nm 9
his REIMBURSEMENT OF the part given up would not mere
lily be useless to himself, but ii would prejudice him.
to he non ssvshonS did
agree 10 regard that line the southern boundary OF
their claim, and as final settlement OF the controversy
An honorable senator, my friend from Kentucky, [Mr
UNDERwooD,] has proposed in connection with the pro-
posa to extend the line OF 500 30 to the Pacific, an ey
press deearatory guarantee for the exemption OF all The
sir, if the implied pledge given in the compromise
act of 1920 is broken, l would not give h5 Tor
the express guarantees that may be adopted drawn in
the strongest terms my friend can employ They, too,
will be dsregarded when the time comes for doing
What confidence can the South have in the good faith Of
those who assail them after the reputation OF the com
promise of 1920 What palation is there for violation
by the non-savehodng States of their pghed faith
to that compromise They deny it true, that was com
promise. They contend 1t was surrender by the South
an admission of The princlpe-an acknowledgement OF
the power OF Congress to impose the nerdct 1t is true,
to be compromise the concessions must be mutual A
compromise cannot be where one side only yields If the
ntedic TO 36o 30 yield their claim to all south OF that
line, then the bad faith is not in the violation OF the
agreement by them. but in they making it.. II was pol-
ical jockcy,sm Besides, whilst right the
ercise OF power may be oaDed, it is not with respect
to principle Principles are fixed, immutable. They
neither increased In force nor diminished IN strength
are steadfasl " Principles is but another term for
TRUTHS" When they relate to political rights, they
40 not rest upon admissions ana concessions like
those said to have been made by the South but upon
the solid and stable foundations of constitutional
compact. the rules of elemental law, and fundamental
doctrines OF the government They cannot be altered
by the admissions OF statesmen, by compromises OF
majorites in Congress Even if the power of Congress
fully conceded, yet the slaveholdlng States
without excuse for their course, because, without in
fringng at all upon any cardinal prncpIewithou any
abandonment or compromise OF any constitutional prnc
pie or ue-the mere waiver OF an abstract right, the
non-exercse of such right all they asked for They
In npt
eyacton that cOnstrans them TO impose the lnterdlct
The South differently situated While they feel i'm
PEELED resist the nterdc because OF It's injustice to
them, they also feel coerced to oppose as violation OF
the constitution The non slaveholdng States do not
urge that the omission TO impose would violate the fed
eral constitution And yet they insist upon our snrren-
der of constitutional objections TO their views OF mere
policy and expedency, and insist that asserted con-
s.itu,ional rights were surrendered IN 1920.
For myself, do not regard the compromise act OF 1920
whit more warranted by the constitution than was
Mr. Sergeants proposition to extend the principles Of the
ordinance of 81 TO all "ereror territories hold it to
have been palpable and fragrant usurpatoA of power;
usurpaon with reference to the equal constl-
tutonal rights of the slaveholding States and their
citizens, and usupaton with respect to the future
population OF all the territory included IN the prohibition
thereby made. The word compromise is, IN my Jug-
ment altogether inappicable to this arrangement Who
authorized and how became Congress authorized to
quester the sovereignty of the people of these territories
constitute themselves the voluntary baees of their rights
seize upon treasure troue, or as aruf, mpound
Them and then bargain them away according to the IN
tercsts the whim OF a majority. The act should be
called the "Dvision act OF 1920" cannot appreciate
the consistency by which free constitutional govern
ment the collected political virtue and patriotism of the
old thirteen States of the conederacy. who had rebeed
because of this very usurpaion in 776 by the British
government, thus act They compromise the diff
Guilty by divding the rights of third parties among
themselves. The South had no more power to yield or
to surrender than their opponents had to take or usurp
those rights of political community yet to be formed
and which might dsown them both If the term "diyi
SION is excepted TO, 'parcelling, partition" "appro-
priation," may be adopted. All better than "com-
PROMISE" Doubtless there examples in history for
this spolation also sought to be concealed by squa
" euphonious names. The 'partition of Poand' is
one. There others know, however, OF no prece-
dent for this act by government protesting TO be gov
erned by republican principles That the United States
of America claiming to be the great exampar of the
friends of constitutional freedom throughout the world
should have thus violated those principles the revolution
of ITO undertaken to sustain is sad evidence OF
the proneness of power to forget right And without re-
ference TO the usurpaion and division OF the rights OF
the constitutional rights of the South to participate in
Territory acquired by the common treasureo 4 hare
no epon Of compromise Of Tie constitution, but Of
its being violation Of the constitution
Mr. President, fear, if should vote for any such
compromise with my admitted impresnab!e convictions
to the baseess character of the claim Of power made
for Congress, should expose myself to the charge of
take 10 declare that whatever may be the con-
sequences except to avert civil war; | cannot vote
for any bill recognising and extending the line OF 800 30
10 the Pacific rghtfu act. may consistently vote
TO amend bill substituting such line for provision ex
tending the 9th article Of the ordinance all those
Territories the least of two ouages but cannot then
sustain bill, amended with my vote Willingly
given Those who hold different opinions from me on
the question OF power have not the restraints upon
their action They can waive the exercise of the power