The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-14

Mr. Clay, do you want 10 serve with you upon
that committee? venture to sly that there
happened upon that occasion what would hardly
happen again; eighteen of the twenty-three were
elected upon the first ballot, and Of the remain
ing FIVE, having the largest number Of votes, but
not majority, they were the five upon my list
| moved to dispense with further balloting and
to take those five gentlemen who had received the
greatest number of votes, with the eighteen ac-
tually elected, to compose the committee Of TWEEN
ty-three. One or two conference.-the. Liver
more of New Hampshire and one or two other
gentlemen, declined, and very much to my regret,
and somewhat to my snnoys lance, the lamented Mr..
Randolph and one other gentleman were placed in
their situation. forget whether that was done by
ballot or by the Speaker. The Senate immedi-
ately agreed TO the proposition, and appointed Its
committee.
We met. IL was in this Hall, upon the Sab
bath day, within two or three days Of the close
of the session, when the whole nation was listen
ing with breathless anxiety for some final and
healing measure upon that distracting subject.
We met here, and upon that day. The moment
We met Mr.. Randolph made suggestion which
| knew would be at,end with the greatest en-
barrassment and difficulty. He contended that
when the two committees of the two Houses met
together, the chairman of the committee of the
House, who was myself had ight to preside. lie
about insistinga at some length upon that propo
stioD, that the chairman of the committee of the
House should preside over both committees when
blended together-shoud be the presiding officer
Of both. instantly opposed, however, this plan,
and stated that did not consider this the proper
mode, but thought that the chairman of the
committee Of each House should preside over his
own committee; aad when The committee of either
branch had adopted q proposition, it should be
submitted to the committee of the other branch;
and if they also agreed to il, then it should be
reported back to the two Houses with the recon-
mendstion of both committees. That mode was
agreed upon, and Mr.. Holmes think it was, from
Maine, presided over the committee of the Senate
If could be said to preside at all, when took
a more active part in the chair than could have
well taken out of it and when as at this session,
| was thought to manifest a desire rather to take
too much lesd-presided over the committee of
the House. | brought forward the proposition
which | will read presently, and | appealed to
the members of the committee if may use the
expression. Now, gentlemen, said L. we do not
want proposition carried here by small major
ity thereupon voted 10 the House and rejected
| am for something practical something conclu-
sive, something decisive upon the question. How
will you vote, Mr. Ar How will you vote Mr..
B.? How will you VOTE Mr.. ca | appealed
in that way to the gentlemen of the North. To
my very great happiness, sufficient number of
them responded afiirmatively to my question
whether they would vote for this proposition, to
enable me to be confident that if they continued
to vote in that way--of which | had not parti-
Gle oil 6OuOU-rn me nouse we should carry the
proposition. Accordingly, that proposition hav-
ing been agreed upon by both committees, was
reported by us to our respective Houses, where
it was finally adopted.
Now, sir, want to call your attention to this
period Of our history, and to the transactions
of in
gress. 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 a nullity. The Con-
stitution of the United States, by virtue of its
own operation, vindicates itself There is not
tribunal upon earth, if the question should be
brought before them, but would pronounce the
Constitution of the United States paramount, and
must pronounce rs invalid any repugnant provi-
sion in the Constitution of Missouri Sir, that
argument was turned and twisted and used in
every possible variety of form, but all was in vain
An nfexible majority stuck ouAto the last
against the admission of Missouri, Until the reso-
luton was offered and passed.
Mr.. Underwood, at the request Of Mr. Clay,
Tcdu inc To0OiutiOu, IOllOW5.
Resolution providing for the admission of the State of Mis-
souri, into the Union on a certain condition.
Resolved By The Senate and Honse-of Represent
aipes of the United States of America in Congress
assembled That Missouri shall be admitted into
this Union equal footing with the original
States in all respects whatever, upon the funda-
mental condition, that the fourth clause Of the
twenty -sixth section of the third article of the
Constitution, submitted on the part of said State
| ~ III
ice the passage of any law, and that no law shall
he passed, in conformity thereto, by which any
citizen of either of the States in this Union shall
be excluded from the enjoyment of any of the
privileges and immunites to which such citizen is
entitled under the Constitution of the United
States PrOUided, That the Legislature 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 before the fourth Mon
day in November next, an authentic copy of the
said act upon the receipt whereof, the President
| by proclamation shall announce the fact where
upon, and without any further proc eeding on the
part of Congress, the admission Of the said State
| into this Union shall he considered as complete
Approved, March 2, 1921
Mr. Clay resumed There is the resolution,
sir, and you see it is precisely as stated. After
all this excitement throughW the country had
reached to such an alarming point that the Union
itself supposed TO be in the most imminent
peril and danger, all parties were satisfied with
"A declaration of an incontestable principle of con-
stitutional law, that when the Constitution of "A
State is violative in its provisions Of the Consti-
tuition of the United States, the Constitution of
the United States is to be paramount and the Con-
stiution of the State in that particular is nulliy
and void That was all. They wanted some
thing for justification of the course which they
took. There is great deal of language there Of
a high-soundng character-it shall be funda-
mental act-it shall be a solemn and an anthem
tic act-but at last, when you come to strip it Of
all its verbiage, it is nothing more than the pru-
ciple have announced of the paramount char
acter of the Constitution Of the United States
over any local Constitution of any one of the
States of this Union
Now, sir, when came to consider the subject
and to compare the provisions OF the line of $50
3O' the Missouri compromise line--with the plan
which | have proposed for the accommodation of
this question, said TO myself, if offer the line
of 800 30' to nterdict the question of slavery
north of it, and to leave it unsettled and open
south OF it, offer that which is illusory to the
South offer that which will deceive them, If
they suppose that slavery will be received south
of that line II is better for them said to my
self-it il better for the South that there should
be non-action as to slavery, both north and south
of the line--far better that there should be non
action both sides of the line than that there should
be action by the introduction on the one side,
without action for the admission upon the other
side Of the line Is it not sol What is there
gained by the South if the Missouri line is extend
ed to the Pacific with the introduction of slavery
north Of it Why, sir, the very argument which
has been most often and most seriously urged by
the South has been this we do not want Congress
to legisate upon the subject of slavery at ali you
ought not to touch it. You have no power over
it. | do not concur, as is well known from what