Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-02-19

small respect that was paid to what is calles
the Missouri compromise in less than veal
after it was enacted. On the 9th of March
1920, this bill was approved, and under It Mis-
souri, was to come into the Union as State
on an equal footing with the original States
Well, sir, her convention met; they formed
constitutions; they sent ii here. Nobody dis
puted that il was republican constitution, ant
the Senate passed bill Immediately for III,
admission of Missouri, or declaring her admit
ted into the Union upon an equal footing witt
the original States. 1t went down to til,
House. What became of it? 1t was rejected
BY the House. Upon what principle was it re
jected?
Now, sir, consider for one moment. We are
told that in the session of lsl9-'2Othere was a
diihculty about the admission of Missouri be-
cause the representatives of certain portions OF
the United States wished to dictate to that
State the exclusion of slavery; and finally it
was agreed that the State should be admitted
into the Union with the exercise of her own
power aud discretion upon that subject, pro-
vided that slavery should be excluded from the
rest of the territorial domain acquired by the
cession from France. That was the bargain
Well, then, does it not follow, beyond all doubt
that, il that bargain was to be carried out Mis-
the formation Of her republican constitution !?
But this was not done. The bill to admit her
was rejected; and rejected why? Because she
had introduced into her constitution a provision
authorizing or directing her Legislature to pro.
vide by law TO prevent the immigration of free
negroes aud r.-i....~-- 49, g. Il. -,
insisted that free negroes and mulattoes were
citizens of the United States, and had a right,
under the Constitution of the United States, to
90 into Missouri; and, inasmuch as this prohi-
bition was contrary to the Constitution of the
United States, they refused to admit Missouri
into the Union.
Well. now, look at this matter. If this pro-
vision in the constitution of Missouri was not
in violation of the Constitution Of the United
States, she had the power to make it /; and as
far as these Directing representatives were con-
cerned, she had a right to make it. IT she did
not think that free negroes and mulattoes were
the best associates for her white or black popu-
lation, she had right by a provision of law,
to select the company, color, and description
that should be allowed to come within her Dor
ders; and therefore, it was an attempt to i'm
pose new condition upon the State, in def
ance of the solemn compact whose holiness
has been SO much invoked and pressed upon
us.
lNefl. Oh lHc OlHcE HdLu. SuppOSC tuCSC pew
pie we're citizens of the United States, did not
everybody know that if they were citizens of
the United States, and had rights under the
Constitution of the United States. which were
withheld under this prohibition of the Missouri
constitution, it was null and absolutely void ?
1t was. therefore, needless attempt to tasten a
new difficulty on this State, and to exclude her
from the Union for doing what believe Hi
nois, Indiana and ! do not know but other free
States of the Union, have felt themselves COM
PEELED to do in order to preserve the bodies
polite, which their public authorities represent,
from an insuferable nuisance.
Mr.. TOOMBS Massachusetts had such a
law on her statute-book then.
Mr.. BADGER. My friend suggests that
Massachusetts, had a law on her statute-book at
that very time prohibiting their coming in. !
do not know how that is but, then, suppose
it is o very different thing between allowing the
free negroes to come into Massachusetts, and
turning them over into Missouri; that is, sup
posing it to be so. Then how was the State
got in at last? By marvellous continuance,
to which must refer. really thick it is one
Of the most remarkable pieces of humbuggery
that ever was palmed off on any Legislative
BODY, composed of people who had attained the
age of maturity do not say those who had
come to the age Of twenty-one, but those who
had passed fourteen, if any such ever acted MS
Legislators. Here is joint resolution pro-
viding for the admission Of Missouri into the
Union on certain condition" What was it ?
Resolved, &c. That the State of Missouri shall
be admitted into this Union, on an equal footing
with the original States in all respects whatever,
upon the fundamental condition that the fourth
clause of the twenty sixth section Of the third art
cl, .fb nuSfrf utn a N ~
State TO Congress, shall never be construed 10
thorize the passage of any law, and that no law
shall be passed in conformity thereto, by which
any citizen Of either of the States in this Union
shall be excluded from any Of the privileges and
immunities 10 which such citizen is entitled under
the Constitution of the United States
In other words, Missouri was admitted upon
the fundamental condition" that the State
should agree that her constitution was not par
amount to the Constitution Of the United
States. That is the whole of it. Then mark
the next provision of this resolution:
Z. Propided, That the legislature ofthe said State
by solemn public act. shall declare the assent Of
the said State 10 the said fundamental condition.
and shall transmit to the President of the United
States, on or before the fourth Monday in Novem.
Der next, an authentic copy Of the said act, &c.
have pointed out the folly, the absolute
nonsense, hut | suppose it was the best that
could be DONE of requiring as prerequisite
thatthe State should declare that the Constitu-
ton Of the United States was and should be
actually paramount to the constitution of Mis-
souri,; and that then this declaration of what
the constitution Of Missouri should be, should
be ascertaihed-how Not by solemn public
net Of convention, representing in full SOW
ereignty the people of Missouri, but by solemn
act Of the legislature of Missouri under the con-
stitution, repeating, if necessary, this provision
Of the constitution.
Mr.. EVERETT. Did not Mr. Clay draw up
that provision?
Mr.. BADGER. do not know. ] think
recollect hearing Mr. Clay once on this floor
say, in substance, that he laughed in bis sleeve
at the idea that people were so easily satisfied.
Mr.. BUTLER. heard him say IT,
Mr.. BADGER. Now, Mr. President, pro-
pose to come to the inquiry whether the prin.
ciple of the legislation Of, 1870 has not been
in fact departed FROM overturned, and repu.
dated. First, sir, call your attention 10 an
amendment moved in the Senate TO the bill to
establish the territorial government OF, Oregon.
By reference to the journal of August 10. 1913
II will be seen: