Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-08-19
SPEECH OF Mr.. BERRIEN,
OF GEORGIA,
ON THE PROPOSED COMPROMISE BILL.
IL SlNATE, JuLr 26, 1913.


Mr.. President II is with great reluctance that consent
occupy the time of the Senate for very brief period
this late hour OF the night and after long and aboous
sitting In doing this, sir yield 10 the wishes Of others,
rather than consult my owa incnaton and will esteem my
self particularly fortunate ser the very dscursive debate
which has taken place. recall the attention of the Senate
the real question which this bill presents for considea
ton. This will be accomplished in the simplest manner by
recurring TO the state of the debate the Oregon bill the
moment when the select committee raised and the
tves then openly avowed influencing the Senate in rails
ing it.
Sir, had before bill providing for the government Of
the Territory Of Oregon in which there contained pro-
vision which asserted indirectly the power Of Congress to e
gsate the subject of slavery and nhb its existence in
Territory advert TO this fact well for the purpose Of
recalling to the recollection Of the Senate, repe
seron which has been reiterated in the Of this discus
sion, that has been provoked by the South and avail
self OF the occasion TO that such impuaon entirely
inconsistent with the fact brief "reminiscences will prove
the truth OF this assertion The Territorial Committee pre-
scented TO US bill for the establishment of government in
Oregon and Senators pressed upon the consideration that
the condition Of that people mpeatvey demanded the pro-
tectng Of this Government We of the South piled
you, Give Oregon such government her necessities
que but do lot aunt by the useless assertion Of power
which can Ia practical operation there. The provision
in relation slavery inserted in this bill for one of two
purposes either cdnfon exercise of pocer
psh leg object il introduced acquire the
authority q orecedsn for the exeon Of the power in
relation New Mexico and California. We said to you
omit this provision which 10 admitted be useless far
the people Of Oregon concerned and you may pass the
bill with whatever speed You choose to give to it, Your
fusa imposed upon the necessity of moving strike
section relating slavery, and thus this discussion og
mated the North then. and not the South, which must
be responsible for any consequences which may result from it.
The debate proceeded and various dcodant propositions
presented the Senate Northern Senators asserted
the uncontrolled unlimited power of Congress egslate for
the Territory. We denied the existence of that power the
which claimed for it. They maintained that even
in the absence Of Legislation by Congress- slavery could not
1ol
lion contrary Nature, existing only by statute and there
fore necessarily local. We questioned the of this
position but we said to opponents il you have conf
dence your opinion that slavery exist where not
protected by positive statute act upon your conviction for
bear egislae strike this provision from the BILL and will
pass without opposition from the South. Gentlemen
willing rely upon their repeatedly avowed convictions
They insisted upon legang where they asserted that legs
aon unnecessary, and consequence therefore adj
med that it was useless.
In the midst Of this protaced discussion the Senator from
Delaware (Mr CLAYTON acuaed by motives which found
cordial response from majority of the Senate, proposed
raise the select committee the result of whose abos before
you. And now, sir inquire for what purpose that
mee raised, if it with the hope of avoiding this ex
citing discussion the subject Of slavery If could have
anticipated the rhetorical displays alike vioave of truth and
decorum which have been exhibited this discussion if we
could have eseen that the occasion would have been seized
upon utter denunciations against this institution which, if
true would put every man connected with beyond the pale
Of humanity what motive could have had for conserving
notwithstanding the opposite feeling heretofore manifested in
this debate that the attention of the Senate will be directed
exavagan distorted unounded caumnies relation
to slavery, but 10 the questions presented by this bthe
mode of Cancellation which it proposes
Mr.. President there minor objections this BILL
to which will first very briefly advert II said that the
boundaries of New Mexico have yet been denvey set
tied, and that unit, this accomplished il improper
tablish government for that Territory. Sir the answer is
plain one. The of this bill are equally applicable to
that Territory wheher be Of larger Of smaller dimensions
Nay the fact Of the existence Of the claim of Texas
ton Of New Mexico furnishes Of itself strong for its
organization II is fit that the interests OF United States
should be protected there by their officers the
Territory should not be left in the anomalous condition in
which il is
Again, said that the right of appeal which is provided
BY this bill is usory that the limitation of where
the value in controversy exclusive Of COSTS exceeds thou
sand dollars will prevent its exercise by person suing for
his freedom Sir il Senators will examine the mention
ed by the Senator from South Carolina, mr. BuTLER
will that this difficulty is altogether imaginary In that
case the Supreme Court decided that when in petition for
freedom the appeal taken by the petitioner the requon
value did apply because there the question Of free
dom the ground OF the appeal and that could be ap
precaed by money but where the defendant the appel
lant his right of property the in controversy
be Of the money value required by the but sir
having acquesced this BILL desire provisions fair
y carried out and will therefore readily assent the amend
ment suggested by the Senator from Maryland mr. JoHs-
sos any other which may be necessary accomplish the
object.
But again. objected that this evasion of our duty
transfer TO the Supreme Court Of responsibility which we
ought ourselves Mr. President this is a misap
prchension Congress fobears doubtful DO er
by egislsng this subject II leaves the conflicting csims
which given rise exciting discussion in this cham
ber on the footing which they stand under the constitution
and laws When arises under these the Court in the
exercise Of appropriate jurisdiction, will take cognizance of
but this would be equally true you to egislae on
the subject You will not deprive that court Of Jurisdiction
impose upon them, by egsang by refusing egis
late. IL abstain, is because experience has taught US
the course Of this proacted discussion that cannot
come any satisfactory result by egssng the subject Of
slavery in these Territories.
And now having stated and hope satisfactorily answered.
the minor objections to this BILL proceed to present my own
II by no ptabe 10 sir. II had been free 10
choose the rights OF constituents should have been placed
on very different footing The fact that Southern planter
emigrating Of these Territories, and carrying with him
his sIave property stable TO be haassed by pa
ton constitutes serious objection. The disposition 10 ac-
quesce in bill containing such provision, evidence OF
the strength well the sincerity Of desire adjust this
unhappy controversy have yielded my il, from
the consideration that decision in single would settle
finally the principles applicable TO all and that that decision
may be promptly had Questioning, do, the power Of
Congress egsae the subject of slavery the provisions
in this bill in relation to the Territory Of Oregon by
acceptable and standing alone would not have
received my VOTE As part Of measure Of peace and
citation, they presented in different aspect
know the deep interest which is felt this subect-how
much all that il should be amcaby adjusted
In the history Of all Governments cases have occurred which
contemplated, and therefore not provided for
BY the organic law. THIS, think, is such case and feel
that 10