The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-23


Now, sir, want to call your attention to this pc
riod of history, and 10 the transactions during
the progress Of this discussion in Congress During
the discussions in the House, from day TO day and
from night to night-for they frequently ran into
the might've, who were for admitting Missouri
into the Union said to our brethren from the North,
why, gentlemen, if there be any provision in that
constitution OF Missouri which is repugnant to the
Constitution Of the United States, it Is nullity.
The Constitution Of the United States by virtue of
its own operation, vindicaes itself. There is not a
tribunal upon EARTH question should be brought
before them, but would pronounce the Constitution
Of the United States paramount, and must pro-
noonce as invalid any repngnant provision IN the
turned and twisted, and used in every possible va
riety Of form but all was in vain. An intexible
majority stuck out to the last against the admission
Of Missouri, until the resolution was offered and
passed.
Mr. UNDERWOOD, at the request ofMr. CLAY,
here read the resolution as follows:
RESOLUTION providing for the admission of the
State OF Missouri into the Union on certain con-
dition.
Resolved, by The Senate and House of Representa-
frees Of The United States Of america in Congress
assembled That Missouri shall be admitted into this
Union on an equal footing with the original States,
in all respects whatever, upon the fundamental
condition, that the fourth clause of the twenty sixth
section of the third article of the constitution, sub
mtted the part of said State to Congress, shall
never be construed to authorize the passage OF any
law, and that no law shall be passed, in conformity
thereto, by which any citizen of either of the States
Of this Union, shall be excluded from the enjoy
ment OF any of the privileges and immunities to
which such citizen is entitled under the Constitu
ton of the United States: Provided That the Lee
gislature Of the said State, by solemn public act,
shall declare the assent Of the said State to the said
fundamental condition, and shall transmit to the
President OF the United States, on or before the
fourth Monday in November next, an authentic
copy OF the said act upon the receipt whereof the
President by proclamation shall announce the fact
whereupon, and without any further proceeding on
the part Of Congress, the admission of the said
State into this Union shall be considered COM
pete.
(Approved, March 2, 1921
Mr.. CLAY resumed. There is the resolution, sir,
and you see it is precisely ! stated. After all
this excitement throughout the country had reached
to such an alarming point, that the Union itself
was supposed 10 be in the most imminent peril and
danger, all parties were satisfied with declaration
OF an ncontestable principle of constitutional law,
that when the constitution of the State is vio-
latve, in its provisions, of the Constitution of the
United States, the Constitution of the United States
is to be paramount and the constitution Of the State
In that particular is a nullity and void. That was
all. They wanted something for q justification of
the course which they took. There is great deal
of language there of high sounding character; it
shall be a Fundamental" act-it shall be s'solemn
and an authentic" act; but at last, when you come
to strip 1t OF all its vcrbiage, 1t is nothing more
than the principle have announced of the para
mount character Of the Constitution of the United
States any local constitution of any of the
States OF this Union.
MIR. President, we may draw from these transac
tons IN our history this moral, hope. Now, as
then, If we will only suffer reason to have its
scope and sway, and if will still and hush the
passion and excitement which have been created
by the occasion, difficulties will be than half
removed IN the settlement, upon just and amicable
principles, OF the question which unhappily divides
us at this moment.
But, wish to contrast the plan of accommoda-
ton which is proposed by me, with that which is
offered by the Missouri line, to be extended to
the Pacific ocean; and to ask gentlemen from
the South, and from the North too, which is the
most proper; which most just; to which is there
the least cause Of objection? What was done, sir
by the Missouri line9 Slavery positively inter-
dcted north of that line. The question of the ad-
mission or exclusion of slavery south Of that line
was not settled. There provision that slavery
should be admitted south of that line. In point of
fact, it existed there In all the territory south Of
1862 3V, embraced in Arkansas and Louisiana, sla-
very was then existing. 1t not necessary, it is
true, to insert clause admitting slavery at that
time. But, there is power to interdict, there is
apower to admit; and put it to gentlemen from
the South, are they prepared to be satisfied with the
line OF 1862 30, interdcting slavery north of that
line, and giving them security for the admission
of slavery south Of that liner The Senator from
Mississippi (Mr. DAvIs) told us, the other day,
that he was not prepared to be satisfied with any
thing short of the positive introduction Of slavery
A SENATOR. Recognition.
Mr.. CLAY. positive recognition of slavery
south OF the line Of 1862 30. Is there any body who
believes that you can get twenty votes in this body
or proportonate number in the House. TO declare
in favor of the recognition of slavery south of the
line Of 1862 80? II is impossible. All that you can
get-all that you can expect to get-all that was
proposed at the last sessions action north of that
line, and non-action, as regards slavery, south Of
that ine-its introduction upon the one side, with
no corresponding provision for its admission upon
the other side OF the line of 36o 3d.
When came TO consider the subject and to COM
pare the provisions of the line of 500 30-the Mis-
souri, compromise hne--wth the plan which have
proposed for the accommodation Of this question,
said to myself, If offer the line Of 36o 80 TO in
terdict the question of slavery north Of it, and to
leave 1t unsettled and open south of it. offer that
which Is illusory 10 the SOUTH offer that which
will deceive them, they suppose that slavery will
be received south OF that line IL is better for them
said to myself-it is better for the South that there
should be non action to slavery, both north and
south OF the lne-far better that there should be
non-action both sides of the line than that there
should be action by the introduction the side,
without action for the admission upon the other
side OF the line. Is il not so9 What is there gained
by the South If the Missouri line is extended to the
Pacific with the Introduction of slavery north Of il?
Why the very argument which has been most
often and most seriously urged by the South has
been this: we do not want Congress TO legslate up
ON the subject OF slavery at ALL you ought not to
touch II. You have no power over IL. do not
concur, as IN wei known from what nave SAID up
ON that question, in this view of the subject but
that IL the southern argument. We do not want
you, say they, to legslate upon the subject of sla
very. But II you adopt the Missouri line, and thus
interdct slavery north OF that line, you do egisate
upon the subject Of slavery, and you legislatc for
it's restriction, without a corresponding equivalent
Of Legislation south of that line for It's admission;
for insist that If there be legislation nterdicting
slavery north Of the line, then the principles Of
equality would require that there should be egisla
ton admitting slavery south of the line.
have said that never could vote for il myself,
and repeat that never can, and never will vote,
and no earthly power will ever make vote, TO
spread slavery over territory where il does not
exist Still, IL there be majority who for in
terdctng slavery north Of the line, there ought to
be majority, ifjuscc is done TO the South, to adj
init slavery south Of the line. And if there be
majority to accomplish both Of these purposes, al
though ! cannot concur in their action shall be
of the last TO create any disturbance; shall be
one Of the first 10 acquiesce in that legislation, al
though 1t is contrary 10 my own judgment and TO
my own conscience.
| hope, then, 10 keep the whole Of these matters
untouched by any legislation Of Congress upon the
subject of slavery, leaving IL open and undecided.
Nom action by Congress is best for the South, and
best for all the views which the South have disclosed