Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-02-18
DAILY NATIONAL ERA.


Senator from Maryland. cannot vote for his
amendment. He will not vote for mine
There may be majority for each, and yet q
proposition uniting both might be rejected.
submit therefore to the good sense of the dis
tnguished Senator from Illinois, Mr. Shields,
whether it is not fairest to take a separate vote
upon each proposition! If there be a major
ity who believe that the people of a Territory
can, under the Constitution, protect themselves
from Slavery, let them say 80. And If another
and q different majority, who think that the
people Of Territory can, If they zee fit, intro.
duce Slavery, let them say 80. There Is moth
ing in the adoption Of the one amendment
which would preclude the adoption Of the
other. But let us have vote upon the dis
tinct and substantive proposition, unembar-
'rassed by connection with any other; then let
the proposition of the Senator from Maryland
be submitted and voted upon, unembarrasscd
by any connection with mine. This il fair.
In my Judgment, it is the only fair mode Of
asccrtalning the sense of the Senate. The sole
object Of my amendment is to let the people
Of the country zee whether those who assert
the principle of Intervention are willing
that the people of the Territories may, If they
see fit exclude Slavery.
Mr.. President, have referred to the limita-
tons under which the Territorial Legislatures
are to act under the provisions of this bill
They may legislate, among other subjects,
upon that Of Slavery. But how? Freely :?
Without restraint Is non-intervention the
real principle Of this bill? Why, sir, accord.
act Of the Territorial Legislature is subject to
the absolute veto Of Government appointed
here, The bill gives the appointment Of the
Governor to the President. He is made re-
movable by the President. He holds his Office
only during Executive pleasure; and this Gov
ernor, thus appointed, thus removable, thus
subject in all respects to Executive control, ia
to have ah absolute veto on every act Of the
Territorial Legislature. Is that non-interyen-
ton? That, sir, is one of the provisions which
shall propose to strike from the bill
Then, sir every case between parties litigant
which arises under any act Of the Territorial
Legislature, must, of course, come before the
court, Now, who are to be the Judges Of these
courts Are they to be elected by the people?
Appointed by the Legislature? Not at all
Every one of them, under the provisions of this
bill, is to be appointed and commissioned here
So that all Territorial acts, and all rights
claimed under them, are to be brought under
the revision of judges, not responsible to the
people Of the Territory, nor deriving their pow
ers from them, but dependent wholly upon Elk
ecutive patronage and favor--judges appoint.
ed by the President, and, according to recent
practice sanctioned by tho Senate, removable
by him ut pleasure And this sir, is not all.
Not only is the Territorial Legislature, under
the provisions Of this bill, placed under the
control of an appointee of the Federal Execn-
tive; not only are its acts subject to revision of
judges appointed and removable by the Presi.
dent but all its legislation is to be reported to
Congress; and every act may, if Congress shall
see ft to disapproye Of it, be declared null and
void.
call attention to these provisions, Mr.. Pres
ident as features of bill which, in my iudg-
ment are totally irreconcilable with the princi-
pie Of non-intervention, upon which it is said
the bill itself is constructed. For the present,
only ask for vote upon the amendment
have offered. propose, hereafter, to offer
other amendments designed to remove this pro-
vision, and to carry out, as far rs practicable,
the professed principle Of the bill, and refer
all questions Of legislation and administration,
within tho limits Of the Territories, to the un-
controlled and unbiased Judgment of the pco-
ple
Mr.. BADGER said that the effect and de-
sign of the amendment were to overrule and
subvert the very proposition introduced into the
bill upon the motion of the chairman of the
Committee on Territories. The provision as
it stands, he said, since the amendment has
been adopted, is an unrestricted and unreserved
reference TO the territorial authorities, or the
people themselves, to determine upon the qncs-
ton Of Slavery; and therefore, by the very
terms as well as by the obvious meaning and
legal operation Of that amendment to enable
them either to exclude, or to introduce, or allow
Slavery.
Mr. B. argued this at some length and to
prove the purpose Of Mr.. Chase, quoted his
words, rs follows:
eve believe no permanent adjustment Of
that question possible, except by return to
that original policy of the fathers Of the Re-
public, by which Slavery was restricted within
State limits; and freedom, without exception
or limitation, was TO be secured to every per-
son outside Of State limits, and under the ex.
elusive Jurisdiction, Of the General Govern
mentu
MIR. B. also urged the insertion Of the words
suggested by Mr. Pratt
Mr.. BROWN said: learn from the re-
marks which the honorable Senator from North
Carolina has submitted, that he thinks that
by the vote which we have Just taken upon
the amendment submitted by the chairman of
the Committee on Territories, we have yielded
more than think we have yielded. have
not, in my own Judgment and | trust have
not in my action here. yielded the principle
that the people OF the Territories, during their
Territorial existence, have the right to exclude
Slavery. | have not intended to yield that
point and do not mean that my action, in
future times shall be so construed AS am
not prepared with authorities to 90 on upon
this precise point this evening, hope that
shall DO allowed about fifteen minutes before
the vote is taken, when will have the author.
tiles with me- to give my views upon this point,
and this alone.
Mr.. CASS said: The honorable Senator
from Mississippi Mr.. Brown has touched on
one Of the main questions connected with this
bill, and which has not been touched upon be-
fore. 1t is very grave and very important
question The power of the people of the Ter
ritories to legislate upon their internal con-
Germs during the period Of these temporary
Governments, is most clearly given in this bill,
: ~ So ~ -