The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-04-14
he felt bound to acquiesce in the known wishes

nc felt DOund 10 acqulesce In tne KNOWN WISHES
of a majority of the People of Missouri.
On the Sd of March, at late hour, Mr.
Douglas moved to take up the BILL Mr.. Rusk
opposed it General Houston made speech
against it having great deal to say about its
violation of the rights of the Indians. The So
cret of his opposition to the measure-an oppo-
siton so at variance with his course generally
was, we presume, the determination to favor
no measure which would give advantage to the
project for constructing the Pacific Railroad on
the Northern route, instead of the route lead
ing through Texas.
Mr.. Atchison, explaining his opposition to
the bill in the earlier part of the session, and
the change Of his position, said
al had two objections to it. One was, that
the Indian title in that territory had not been
extingushed, or at least very small portion
Of il had been another was, the Missouri Com
promise, or, as it is commonly called, the sla-
very restriction Ii was my opinion at that
t;me-and | am not now very clear on that
subiect-that the law Of Congress, when the
State of Missouri was admitted into the Union,
excluding slavery from the Territory of Louisi-
ana north of sc deg 80 min, would be enforced
in that Territory, unless it was specially re-
scinded; and, whether that law was in accord
ance with the Constitution of the United States
or not, it would do its work, and that work
would be TO preclude shareholders from going
into that Territory But when came to look
into that question, found that there was no
prospect, no hope, of a repeal of the Missouri
| Compromise excluding slavery from that Ter
ritory Now, sir, | am free to admit that at
this moment, at this hour, and for all time to
| come, l should oppose the organization or the
settlement of that Territory, unless my constitu-
ents and the constituents of the whole South,
of the slave States of the Union could 90 into
it upon the same footing, with equal rights and
equal privileges, carrying that species of prop
erty with them, as other people of this Union.
| Yes sir, acknowledge that that would have
governed me; but have no hope that the
restriction will ever be repealed.
II have always been of opinion that the first
great error committed in the political history
| of this country was the Ordinance of 1887, rem
dering the Northwest Territory free territory.
| The next great error was the Missouri Com
promise. But they are both irremediable.
| There is no remedy for them We must sub
NIT to them. am prepared to do it. Ii is
evident that the Missouri Compromise cannot
| be repealed. So far as that question is con-
cerned, we might as well agree to the admis-
sion of this Territory now as next year, or five
or ten years hence"
General Houston, commenting upon this re-
mark spoke as follows;
The honorable Senator says that he has no
expectation that the Wilmot Proviso will ever
be repealed. Now, sir, had as much respect
for and came as near sacrificing myself upon,
the Wilmot Proviso as any gentleman in the
| Senate. ! voted for the organization of the
Oregon Territory upon the faith of the Wilmot
Proviso, while it was repudiated by the honor
able Senator himself, and by every other South
ern Senator. 1t was the Missouri Compromise
principle which was there, which was the same
thing as the Wlmot Proviso"
The declarations of both Senators deserve to
be remembered.
The objection urged to the bill on the ground
of its trespassing upon the rights of the Indians
is easily disposed Of These rights are defined
and secured by the following provisions of ar
act of Congress:
"Be 1t enacted by the Senate and House O
Representatives, &C., That it shall and may b.
lawful for the President of the United States tC
cause so much Of any territory belonging t.
the territory of the United States west of the
river Mississippi, and not in State or organ.
lied Territory and to which the Indian title
has been extinguished, as he may Judge neces
sary to be divided into suitable number Of
districts for the reception Of such tribes or ma
tions ofindians as may choose to exchange the
lands where they now reside, and remove there
and to cause each Of said districts to be SO de-
scribed by natural or artificial marks as to be
easily distinguished from each other"
Then, in, the Sd section, it is further enacted
"That, in making any such exchange or ex
changes, it shall and may be lawful for tn
President solemnly to assure the tribe or ma
tons with which the exchange is made, tina
the United States will forever secure and guar
dnty to them and their heirs and successors
the country so exchanged with them and i
they prefer it, tho United States will cause
patent or grant to be made and executed I,
them for the same PROVIDED, That such land
shall revert to the United States if the indian
become extinct, orsabandon the same" .
The indian tribes that have been removed Il
the frontiers have their rights secured b,
treaty, framed in pursuance Of these prQvi
Territorial Government fully recognises and
respects them as will be seen by the following
provso
"Prouided, That nothing in this act con.
| tanned shall be construed to impair the rghts
of persons or property now pertaining to In
dams in the said Territory, 50 long as such
rights shall remain unextinguished by treaty
between the United States and such Indians
or to include any territory which by treaty
with any Indian tribe is not without the con.
sent oGthe said tribe, to be included within the
territorial limits or jurisdiction of any State or
Territory And all such territory shall be exl
cepted out of the boundaries, and constitute no
part of the Territory of Nebraska, until such
tribes shall signify their assent to the President
of the United States to be included within the
said Territory of Nebraska or to affect the
authority of the Government Of the United
States to make any regulation respecting said
Indians, their land :fR6P4rty, or other right
by treaty, law or otherwise, which it would
have been competent for the Government tc
make if this act had never passed"
The guarantee Of the treaties is, that these
: Indians shall not be embraced within the limit,
of State or Territory, 80 as to come under it
jurisdiction and be subject to IT'D authority
and the bill, by this proviso, is brought int
entire harmony with it.
Mr.. Douglas spoke forcibly in support of thu
measure, but dropped remark suggestive o
a compromise.
But, sir, the Senators have said that | nigh
as we'll urgA.that Territorial Government
should be formed west Of the Arkansas. Sir
it may be necessary to do it. am by M
means certain that it is not necessary. an
by no means certain that shall not be found
acting in concert with the known or supposed
wishes Of the Arkansas Senators, in establish
ing Territory west Of them on proper terms
Certainly if those most acquainted with the
| eubiect and possessing the greatest interest In