The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-20
ghus, by Democratic Southern President, the

Wilm0t proviso was acquiesced in concerning
Oregon, because of the precedent Of the Mis-
souri, compact which prohibited slavery "for-
ever' above the line of SO 80; while, in point
of fact, the precedent was as unconstitutional
as the Wiimot proviso itself.
Such was the embarrassing condition in
which the question ofslavery in the Territories
was presented to Congress upon the acquisition
of our new Territories from Mexico Upon the
basis Of the Missouri line, one half of our Mex
lean acquisitions, including the half Of Califor-
MIA on the Pacific, would have gone to the
| South. According to the dogmas of the free soil
party every inch ofthose Territories reverted to
the North, and from every square inch Of them
| slavery should have been expressly excluded.
The South were willing to continue the Mis-
souri, adjustment and to extend the line to the
Pacific They urged it-they pleaded for it.; but
all in vain. The free soil spirit of the North
would not surrender an inch of oar new acqui-
sition to the institution Of slavery.
| At this crisis, in the session Of 1883, Mr.
Clayton moved, and obtained special commit
tee Of nine, to consider the subject, and to re-
port some plan Of adjustment to the Senate.
new Territories, throwing over the question of
| slavery to the decision of the Supreme Court
| After long, violent, and learned discussion.
the plan fell through, for Northern men con-
| sidered the Supreme Court as calculated to be
| but the instrument of the South for the extern
sion of slavery.
| In the mean time two OF three Mormons, en-
gagged in digging a mill race for Captain Suffer
on the Rio de los Americanos, tributary of
the Sacramento, in California, discovered the
key to the permanent settlement of the slavery
| question in the Territories, though they little
dreamed Of the tremendous Importance of their
discovery at the time. Some shining particles
of gold in the sand attracted their attention,
and upon further examination that whole coun-
| try was found to be full Of the precious metal.
| 1t was noised abroad Emigrants poured
in by thousands; California, as by ma
gle, became populous State Of enterprising
and intelligent -Anglo-Saxons When Congress
again assembled and proceeded to discuss the
Territorial question of slavery in the session of
1s49-'50, they found that the people of Cali
fornia had cut the Gordian knot in twain, in
erecting government, and in settling the ques-
ton for themselves. The discovery Of those
Mormons, therefore, in Capt Suffers mill-race,
was the key to the settlement of slavery in the
Territories upon the broad fundamental basis
Of popular sovereignty. The example of the
Californians was ratified, and followed up by
Congress in leaving the question Of slavery in
Utah and New Mexico to the people thereof,
and their fnal judgment, when they shall ask
for admission as States into the Union.
Thus it appears, that from 1920 down to
1850. the compact of the Missouri compromise
was the basis Of the adjustment Of slavery in
the Territories, when it was superseded by the
fundamental doctrine Of popular sovereignty,
arst put into successful practice, over the heads
of Congress, by the people of California. 1t is
net surprising, Therefore, that the Missouri re-
striction should now be considered dead let
ter. II was repudiated and refused by the
North in 1S4s'49'5G; it was superseded by Mr.
Clay S schedule of compromise measures: and
in itself, being unconstitutional il was nullity
from the very beginning.
The bill, then, before the House is justiti-
able measure, founded upon the very principles
which were forced upon the South in the adj
justment Of 1850. But it may be questioned
whether the House bill meets the issue in its
legitimate shape or otherwise. There are three
ways Of setting aside the Missouri line in the
Kansas-Ncbraska bill =
l. BY submitting It to the Judgment of the
Supreme Court Of the United States.
2. BY direct repeal by act Of Congress.
3. BY submitting the question Of slavery on
both sides of the line, TO the final Judgment of
the people Of Kansas and Nebraska, when they
shall organize themselves into sovereign States.
The first plan was engrafted upon the first
bill Of this session, or reputed by Mr.. Douglas
but upon Cabinet consultation. and few
certain mysterious causes, not wholly developed
as yet, il was superseded by the second. The
direct repeal was passed by the Senate and is
now before the House, with the closing Of the
debate appointed for this very day.
Perhaps it may be too late for modification
according to the third plan, which is the plan
of popular sovereignty, and which involves the
true Interpretation of the doctrine Of Con-
gressional non-interyention. Perhaps the mo-
ton reported as the proposition intended to be
submitted to Mr. Cutting may yet be accepted
by the majority, either in the House or in the
Senate; for the expulsion Of the Clay ton amend
ment will make it necessary to return the bill
TO the Senate after it shall have passed the
House. At all events, the plain submission Of
the whole question to the people Of Kansas and
Nebraska. strikes US as the simplest and most
consistent shape in which TO pass the bill. IL
this form the agitators will not have peg left
to hang upon. while the result will be precisely
equivalent to the repeal itself. If Mr.. Cutting
and the national democrats propose 10 do any
thing to right themselves upon the question,
now is their time to strike. But there Is no
more time to be lost in trembling indecison