Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-03-22

has been this faramed Missouri compromise"
You will observe that, in this speech, ltii
into very common error, or, at least, what is
now claimed to be an error, of attributing the
authorship Of the Missouri compromise to Mr..
Clay. proceeded:
:. But, notwithstanding this, il stands out : a fun
gus, an cNcresnence, political mohstFosltN. u
was the first, greatest, and most fatal error ~ our
Legislation on The subject OF slavery. II Viola'ea
al caCe the rights oil one half the Union, and ia
GRAVITY outraged the federal Constitutions, II un,
derook 10 abgpgate the cGG>tltuionai privileges
of one-hail Of the States. aud. without any ade-
duatt, or sufficient consideration, 10 surrender the
rights of every Shareholder in the Union. The
COMPROMISE has been called 4 contract. But
contract, 10 be binding, must be mutual in its
obligations There must be something given
on ono side, md something received on the other,
by this compromise, this lnisnamad contract. the
slave States gave up their right Of settlement
north OF the parallel OF Sec 39 but the non slave
holding States did not surrender their right 10 SET
tie south OF that line. The free States have al.
the right they ever had The south gave W
everything and received nothing. North OF 35S
90 no STAKEHOLDER dare go with his slaves; sGoih,
every northern man may settle with whatever
chatels he possesses. The compromise is want.
ing in all the elements Of mutually which reader
compact binding. and is therefore void. This
thiriteth Congress has right TO surrender, by
gift or barter the political rights OF onehnf OF
yet this Congress has all the con ,lttuiona! powers
that belonged to the Sixteenth Congress, which
enacted the compromise"
pass from this subject TO the consider
of the amendment offered By the mover OF the
bill, Mr. DouGLAs,] aud now, by the vote OF
the Senate, become q part of The bill ITSELF
The phraseology is not such as | would have
chosen, and yet, having scrut;nzed it, am
willing 10 sanction it; indeed, have sane
toned it BY my vote. If had suited the pur-
poses Of others 10 allow it 10 stand without
comment, it would have suited mine. But
will not sit still. and allow Interpretation to
be given to words that have received the sane
ton Of my vote, altogether at variance with
what intended when | gave the vote From
day to day we have heard senator's, in terms
more or less distinct, declare, without linlita-
ton, that this bill gives the people of the Ter
ritor es the right to exclude slavery. In plain
English, that it recognises the doctrine Of
"squatter sovereignty" as this new theory has
been termed. | do not think So and if did
" ould withhold from the bill the sanction of
my vote. | utterly deny and repudiate this
whole doctrine of squatter sovereignty But,
before | proceed TO en- examination Of it,
must pause to consider another feature embod-
led in the amendment proposed by the honor
able senator. the mover Of this bill. ... ...
The amendment declares that the act of 1920,
commonly called the Missouri compromise is
inconsistent with the legislation Of 1850, known
as the compromise Of that year; aud is, there.
fore. declared imperative and void. If did
not know the astutereSs Of the senator who
drew UP this anendm ent. Mr.. DOUGLAS and
how unlikely he would he 10 run into such an
error, should think there was an inaccuracy
in deducing the conclusion that the legislation
of 1920, in reference to one Territory, is nope.
ratve and void. because il is inconsistent with
the legislation Of 1850, il reference to another
Territorv 1t is very certain that the lees!a-
ton Of 1920, as regards the territory north Of
$50 so. was inconsistent with the same legis-
lation, rs regards the territory south, and yet
both stood, and have continued 70 stand, for
thirty years and more. It is equally certain,
that If Congress has The power TO exclude sla-
very from the Territories, and he power is
simplT pernnisSiye, and not mandatory, las it
certainly is not under the Constitution, then
Congress may exercise it in one place, and for.
bear its exercise in another; and the failure to
exercise it in Nebraska, for example, would
not render imperative and void its exercise i'll
Kansas. ..*. "~ ,....s.
If the act Of 1920, that excluded slavery from
all the territory north Of SEQ 30<, was constita-
tonal, it may stand, audit is logically inaccu-
rate to say thatit becomes imperative and void
simply because the legislation Of 1850 failed to
| exclude slavery south Of that line But if, o;a
| the other hand, the act Of 1920 was unconstit4.
tional. and those of 1850 brought back the GOV
eruncnt to It's true constitutional position, then
it would he logically correct 10 say that the net
Of 1920 (being unconstltutional is Inconsistent
with the acts Of 1850, (,hat have restored the
government 10 It's true constitutional position,
and. therefore. the act of 1920 is imperative
aud voil---inopcrattv and void. not because
0; its admitting or excluding slavery. but !nop
erative and void because it is Inconsistent with
the restoration OF the government TO its right.
full constitutional position.
take it for granted, Mr.. President, that the
able and learned senator Mr.. DouGLAS meant
what the language Of his amendment implies,
TO wit: that the Legislation Of 1850 settled the
| great constitutional principle that Congress
could not exclude slavery from Territory !:
and that, inasmuch as the act Of $40 undertook
| TO do that thing, ii is in conflict with a great
constitutional principle, and, therefore, fer that
reason, it is imperative and void.
| | may be mistaken in m~ reasoning; I NAV
be mistaken in what is meant By the mover Of
this amendment. But there is one thing in
which am not mistaken: the amendment de.
clares the Missouri compromise imperative and
void. This is as it should be. 1t squares ex-
actly with my notions long since OK pressed of
the constitutional obligations of the govern.
ment, and ! will not quarrel with good act,
even though bad reason may be given for its
performance.
will not detain the Senate on points of 50
little practical importance rs this. The con.
clusion at which we arrive covers the practical
issue, effects the practical result and whether
VIC reach that conclusion bya souud course Of
reasoning is thing OF little consequence to
our constituents. voted for the amendment,
believing that the premises justified the con.
clusion. But, if had thought otherwise l
should have voted as did. The declaration
that the Missouri compromise is henccforth to
become imperative and void commends the
measure 10 my warm and cordial support
pass TO the consideration Of another point
and, in doing so, respectfully invoke the at.
tention of the distinguished senator from
Michigan, Mr.. CAss,ln That senator is the ac
knowledged author Of the doctrine known in
common political parlance as squatter sover.
! tv tlie Hnotr;ra h.. Il,