Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1854-02-16

was cut off from Texas. But there was aeohs'"-
erable portion of territory, large as four States
of the size OF Connecticut, which was not moor
porated into New Mexico and to which the pro-
| siso still attaches. But whether that be 50 OF
| not. would il not be a strange phenomenon III
legislation that n subsequent net should be con
! strned 10 supersede TO nullify, 10 render nope
raiYe and void by any operation or III any way
| or form, a former act which 1t expressly states
nothing therein contained should qualify or I'M
pair Ii does not seem 10 me tliat this - 50 Tor
| mally recognition that IL is unnecessary to m
gure whether there il or is not any portion OF
territory TO which in point of fact II attaches es-
pecially when the question is not whether IL OPP
| crates in Texas, but whether ii operates III Ne
braska in its original location.
The Senator stated that,in point OF inctto some
| extent the Missouri compromise actually re-
nenled by the territorial legislation of 1885, and
the faots by which he supported that statement
were these that n portion OF territory was Ia
ken from Texas where IL was subject to the Mis-
souri, restriction, and Incorporated INTO Now
Mexico, where il came under the compromise OF
1850 and. in like manner, that n portion OF terri
tory in Utah was taken from the old Louisiana
purchase, where il was subjected To the Missouri
restriction, andwas incorporated IN the Territory
of Utah. wherein like manner, IT came under the
compromiso Of 1850. But | think tho answers
10 be given TO these statements are perfectly sat
isfactory.
In the first place, it was n very small portion
of territory, very small, indeed compared with
the vast rosiduum; and can we suppose that the
few hundred sr ii may be few thousand square
miles taken off in this way from Texas and the
old.l souisiana purchase, and thrown into New
Mexico and Utah. can, by way OF principle or
rule, or in any other way, qualify, or modify, OF
repeal positive enactment covering the remain
ing space, ms large all the British Islands
France, Prussia, the Austrian Empire, and the
smaller Gormanie States put together ior that Is
the fact
Then, in the next place, il was mere question
of disputed boundary | do not wish to do the
statement of my worthy friend, the chairman OF
the Committee on Territories, any injustice but
| think he was incorrect if he said that the
United States purchased this strip OF land from
Texas These are not the terms OF the act
They were very carefully stated more thnn once.
The United States give large SUN OF money to
Texas, not to sell this strip of land, but TO eede
her claim To it. Tint was all. Texas claimed II.
The United States did not allow or disollow the
claim but they gave Texas large consideration
to eede her clam. 1t was therefore Il matter OF
disputed boundary; and it is not decided wheth-
er the ceded territory originally belonged to lex
as or New Mexico
Now, in reference To Utah, il is true, certainly,
there is IA small spot, II very small spot III the
Sierra Mndre that wns taken from the old LOUISE
ana purchase and thrown into Utah; but | ven
ture to say that probably not member OF the
Senate, except the worthy chairman OF the Com
mittee on Territories, was aware of that TACT.
do not mean that he made any secret of it, but II
was not made point at ALL The Senate were
not appraised that if they did this, If they took
this little piece of land, which Col Fremont calls
the Middle Park, ont of the old Louisiana purch-
ase and put it into Utah, they would repeal the
Missouri compromise of 1880, which covers half
II million of square miles. | say, sir, most as
suredly the Senate were told no such thng nor
do think it was within the knowledge or the
imagination of an individual member OF the
body.
| may seem To labor this point too much; but,
il is the main point to which solicit the atten-
tion of the Senate, will state one more consider
alton. II has been alluded to already,b but pro-
pose to put il in a different light, which seems o
me to be absolutely decisive of the whole subject.
The proposition to organize Nebraska Territory
is not a new one. The Chairman OF the Commit
tee on Territories has had it IN view for seVe-
raj years-as far back, believe, rs iSll or 1915.
Ii Is stated in lliekey's edition OF the Consti-
tuition. Whether il was actually before the Sc
nate in 1850 know mott but IL was certainly in
the mind Of the Senator from Illinois. Now, sir,
during the pendenoy of these compromise meas-
ures, during the tendency of the Utah bill and
the New Mexico bill, in both Houses of Congress,
was IL supposed that they a principle or rule
which was to extend itself over all other Terrific
ries retrospectiYey and rrospeetiyely There
is not the slightest nlusion in those bills To the
Territory of Nebraska, which the sigilant Sena-
tor must have had SO strongly ON his mind. Is IL
not political imposslbity that if II was comedy
ed at that time that the measures were going
through the two Houses which were 10 give n
perpetual law TO territorial organization, the Ne
brnska bill would not then have been brought
forward and III SOME way or other made to enjoy
the benefit of it, if benefit it be But not word
| to this effect was intmated that | know of.
! speak under correction, TWAS entirely ignored,
| SO far as am aware; or, at any rate, no attempt
was made at that time to pass the Nebraska bill,
| containing the provisions of the Utah and New
| Mexico bills.
| he compromise measures, we all know,
were the work of the thirty first Congress, and at
! the thirty second Congress II Nebraska bill was
! brought up by member from the State of Mis-
souri, in the other House. 1t passed that body by
majority of more than two to one, 1t was CON
tested on the ground of injustice to the Indians;
but, as fur as know speak again under cor
reotion Il; | have not had time to read all these
voluminous debates- nothing, orneXt to nothing,
was said on the suheCt of slavery AT any rate
there was no attempt made 10 incorporate this
proviso. 1t came up here, and was adopted by
and reported from the Committee on Territories,
and brought up in the Senate towards the close
of the last session, and on that occasion contest
| ed on the same ground, and no attempt was made
or word said in reference TO these provisions on
the subject of slavery If at that time the under
standing was that you enacting prnci
| pie or IA precedent, any thing that would carry
with rule governing this case lis it possible that
allusion should have been made to it ON that
| occasion!
! | conclude, therefore. sir that the compromise