Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-03-19
Wasbingtnn gsntinsl.
NEBRASKA AND KANSAS.
SPEECH OF HON. ISAAC TOUCEY.

not my intention to participate in any agitation
of the subject of African slavery. 1t has not
been brought here by any agency Of mine, nor
of those whom in part represent, nor of that
section of the country in which reside.
have, sir, on all occasions and at all times, en-.
deavored to repress this agitation as foreign to
the purposes OF this government, an unwarrant-
able interference in the internal affairs of in
dependent communities, injurious to the race
proposed to be benefited by it, and as deadly
hostile to the peace and harmony of the coun.
try, and the perpetuity of the federal Union. ]
still adhere to my former opinions, and my
former course. But find the subject here,
and am called upon by my vote upon this
Kansas-Nebraska bill to pass upon that clause
in the act of Congress preparatory to the ad-
mission of Missouri into the Union, which pur-
ports to prohibit slavery FOREVER north of the
parallel of $50 3O< north latitude, and by neces-
sary implication, to sanction it south of that
line. The friends of the bill insist that this re-
striction contains an assumption of unconstitu-
tional power, that the disposal of the whole
subject belongs of right to the people of the
Territory when properly i'll the exercise of le-
gislative power; its opponents, that the subject
belongs to Congress, and that the representa-
tives of remote States and Of remote people may
interfere and settle it for them
This, sir, is the question at issue; not, as
implied in the speeches of some, whether all
men are free and equal, nor whether African
slavery shall exist, nor whether any one now
involved in it shall be set at liberty, npr wheth-
er any human being now free. from it shall be
reduced to that condition. Nor, sir, is it the
question whether any portion of the slave pop
ulation now existing in the country shall be
| removed from the States in which they live to
more extensive and fertile regions, where their
condition might be improved, and where their
emancipation might be practicable. 1t is nei-
ther one, nor any of these questions. And
yet, If any stranger were sitting here, listening
to the debate on one side from day to day, he
would suppose that these were questions under
consideration. No, sir, they do not belong to
the present occasion; but the question is that
which have already stated it to be-whether
the restriction in the act of 1920 contains with
in it an assumption Of unconstitutional power;
whether Congress should interfere and exer-
else this power Of settling question of muni-
cipal law which belongs exclusively to the
States within their limits; or, on the other
hand, whether the. people of the Territory, and
Of the States to be formed therein, shall be left
in the undisturbed enjoyment of the common
right of American citizens-that of governing
themselves, and Of regulating their own inter-
nal affairs according to their own views Of a
just and sound policy, subject only to the Con.
stitution Of the United States.
propose to address myself to the question
before us, and so to state it that it may be
clearly understood and not inexperienced.
will read the clause which gives rise to it.
cal language in which it is expressed. will
Jo IL oba; ;rr,on of tho noy,p,;ftao mr. noyrc-
LAS the justice to say that the amendments
which have been introduced were not designed
to change the principle or the policy of the
measure, but to frustrate cavil, and to leave no
room to doubt / will read the section of the
bill:
"SEc - That the Constitution and all laws of
the United States, which are not locally inapplica-
ble shall have the force and effect within the
said Territory of Nebraska as elsewhere in the
United States except the eighth section Of the act
preparatory TO the admission of Missouri approved
March S. $780, which being inconsistent with the
principle Of non-intervention by Congress with sla.
very in the States and Territories as recognised by
the legislation Of $50, commonly caedthe scompro-
mise measures is hereby declared imperative and
void il being the true intent and meaning ofthis
act not TO legislate slavery into any Territory or
State nor TO exclude it therefrom, but 10 leave the
people thereof perfectly free TO form and regulate
their domestic lHsltutlOuS IN Inelr own way, SUD-
ect only 10 the Constitution of the United States
Provided, That nothing herein contained shall be
construed to revive or put in force any law reg
uation which may have existed prior to the act of
the 9Th of March, 1870, either protecting, esiab.
lishing prohibiting, or abolshing slavery"
This proviso, in my Judgment, was entirely
unnecessary and yet have given it my sup
port, because it renders it perfectly clear and
certain; it renders assurance doubly sure, that
by any vote we are to give we are not about to
establish slavery in these Territories, but to
leave them without any law for its support, un-
less indeed it be supported by the Constitution
Of the United States, over which we have no
control.
The clause dclares:
lst. That the Missouri restriction shall be in.
operative and void.
I'd. That the bill shall not have the effect Of
legislating slavery into any State or Territory,
nor out off
Sd. That it shall not revive any old Spanish
or French laws which established or protected
slavery.
4th. That the people shall be left perfectly
free to form and regulate their domestic institu-
tons in their own way, suject only to the Con-
stitution Of the United States.
If the Missouri restriction was an assump-
ton of unconstitutional power, or fit was in
consistent with the principle of non-interven-
ton recognised in the compromise measures
Of 1850, which so recently received the most
decisive sanction ofthe American people, then,
in the organization of new Territories by the
action of Congress, it ought to be disregarded
and declared imperative. If it be declared in
operative, and these Territories are left, as as
suredly they will be, without any law on the
subject Of slavery except the supreme law Of
the Constitution, two questions will arise.
lst. Whether slavery is the mere creature Of
municipal law, which cannot live outside Of
the State whose laws uphold it? I'd. Whether
the Constitution of the United States, by its
own intrinsic efficacy, viii carry slavery into
the Territories and uphold it there? One is
the preponderating opinion Of the north, the
other the south Both involve mere judicia
questions, and the bill provides for the transfe,
Of them to the courts Of justice, and, finally, ii
the last resort, to that tribunal which the Con
stitution has established for the adjudication o
all questions of this kind. And the honorable
senator from Delaware, who addressed the Sen
ate yesterday, tMr. CLAYroS,l will have the