The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-02-09

Texas and create the Territory of New Mexico
in 1850:
"PrOUided, That nothing herein contained
shall be construed to impair or qualify any
thing contained in the third article of the sec
ond section Of the joint resolution for annexing
Texas to the United States approved March /,
1S45, either as regards the number of the
States that may hereafter be formed out of the
State Of Texas, or otherwise
After quoting this proviso, they make the
following statement, and attempt to gain credit
for Its truth by suppressing material facts
which appear upon the face Of the same stat
ute, and, if produced, would conclusively dis
prove the statement:
at is solemnly declared in the very Com
promise acts, that nothing herein contained
shall be construed TO impair or quqiifg the pro
hibition of Slavery north of SO deg 80 min;
and yet in the face of this declaration, that
sacred prohibition is said to be ovetthrown
Can presumption further 90!
will now proceed to show that presumption
could not go further than is exhibited in THE
declaration.
They suppress the following material facts.
which, If produced, would have disproved their
statement. They first suppress the fact that
the same section of the act cuts off from Texas.
and cedes to the United States, all that part of
then suppress the further fact that the Same
section of the law cuts off from Texas o large
tract of country on the west, moro than three
degrees of longitude, and added it to the terri
tory of the United States. They then suppress
the further fact that this territory thus cut of
from Texas, and to which the Missouri Com
promise line did apply, was Incorporated into
the Territory Of New Mexico. And then what
was done! 1t was Incorporated into that Ter
ritory with this clause:
" That, when admitted as a State the said
Territory or any portion of the same, shall be
received into the Union, with or without Sla-
very as their Constitution may prescribe at the
time Of its adoption
Yes, sir, the very bill and section from which
they quote cuts off ali that part of Texas which
was TO be free by the Missouri Compromise,
together with some on the south side of the
line Incorporates it into the Territory of New
Mexico; and then says that the Territory, and
every portion of the same, shall come into tho
Union with or without Slavery, as it sees proper
What else does it do! The sixth section Of
the same act provides that the Legislative power
and authority Of this said Territory of New
Mexico shall extend to all rightful subjects Of
legislation, consistent with the Constitution Of
the United States and the provisions of the act
not excepting Slavery. Thus the New Mexi-
can bill, from which they make that quotation,
contained the provision that New Mexico, IN
Guiding that part Of Texas which was cut Of,
should come into the Union with or without
Slavery, as it saw proper; and in the mean
time that the Territorial Legislature should
have all the authority over the subject Of Sla-
very that they had over any other subject re-
stricted only by the limitation of the COnstitu-
ton of the United States and the provisions Of
the act. Now, | ask those Senators, do not
those provisions repeal the Missouri Compro-
mise so far as it applied to that country cut
off from Texas? Do they not annul it, Do
they not supersede it. If they do then the
address which has been put forth to the world
by these confederates Is an atrocious falsehoOd.
If they do not, then what do they mean when
they charge me with having, in the substitute
first reported from the committee repealed it,
with having annulled it. with having violated
it, when | only copied those precise words! |
copied the precise words into my bill, "a re-
ported from the committee, which were con
tanned in the New Mckee bin. They ssy-nSv-
bill annuls the Missouri ComproaGse Ie i
does, it had already been done before by tho
act of 1850; for these words were copied from
the act of 1850.
Mr.. WADE. Why did you do it over
again
Mr.. DOUGLAS. ] will come to that point
presently, and explain why We did it over
again. am now dealing with the truth and
yeracIty of n combination of men, who have
assembled in secret caucus upon the Sabbath
day TO arraign my conduct and belle my char
acter | say therefore, that their manifesto
If a Islander either way for it says that the
Missouri Compromise was not superseded by
the measures of 1850, and then it Gays that
the same words in my bill do repeal and annul
it. They must be adjudged guilty Of one false
hood in order to sustain the other assertion.
Now, sir, propose to go a little further, and
show what Was tho real meaning Of the amend
ment Of the Senator from Virginia. out of which
these gentlemen have manufactured TO much
capital in the newspaper press, and have sue
ceeded by that misrepresentation in procuring
an expression of opinion from the State of
Rhode Island in opposition to this bill / will
state what it's meaning is.
Did it mean that the States north of 3G deg.
80 min. should have a clause in their Constitu-
tons prohibiting Slavery! have shown that
it did not mean that, because the same act
says that they might como in with Slavery, if
thoy saw proper. | say it could not mean that
for another reason Tho Same section contain
ing that provision cut off allthat part of Texas
north of 80 deg. 80 min, and hence there was
nothing for it to operate upon. Ii did not there
fore relate to the country cat of. What did tire
late to! Why, it meant simply this: BY the
joint resolution Of lS45 Texas was annexed,
with the right to form four additional States
out of their territory; and such States as were
south of SO deg. 80 min. were TO come in with
or without Slavery, as they saw proper; and
in such State or States as were north Of that
line Slavery should be prohibited. When we
had cut off all north Of 36 deg 30 min, and
thus circumscribed the boundary and dimin-
ished the territory Of Texas TIE question arose,
how many States will Texas be entitled to un-
der this circumscribe1 boundary! Certainly
not four, it will be argued Why! Because the
original resolution OF annexation provided that
one of the States if not more, should be north
of 80 deg 80 min. 1t would leave it, then.
doubtful whether Texas was entitled to two or
three additional States under the crcumscribed
boundary.
In order to put that matter to rest in order
to mako final settlement, in order to have Il
explicitly understood what was the meaning Of
Congress, the Senator from Virginia offered the
amendment that nothing therein contained
should impair that provision, either AS to the
number Of States or otherwise: that is that
Texas should be entitled to the same number
OF States with her reduced boundaries as she
would have been entitled 10 under her larger
boundaries; and those States shall come in
with or without Slavery, being al south Of 80
degrees 80 minutes; and nothing TO impair
that right shall be inferred from the passage Of
the act. Such, sir, was the meaning Of that
proposition. Any other construction Of it would
stuitlfy the very character and purpose Of It's
mover, the Senator from Virginia. Such, then,
was not only the intent of the mover, but such
is the legal effect of the law and ! say that no
man, after reading the other sections of the
bill-those TO which | have referred-can doubt
that such was both the intent and the legal