The daily union., 1854-02-11

OF 1850" than the measures which were adopted *
mat time IN reference 10 the Territories OF Utah ana
New Mexico; for | suppose ! may assume that those
are the legislative measures referred 10. II anything
more IS meant than that certain measures were adopt
ed andS enacted IN reference 10 those Ierntofies
then l take issue upon that poiut ! do not know
that II could be proved that any principle was en- ?
acted even in reference to those Territories alone.
certain measure was enacted--or. if you please.
tain course OF measures enacted IN reference TO the
Territories OF Utah aud New Mexico But do mol
know tina, you call this enactment prncple; cer- 4
alny not principle which is 10 carry with i rule Tor
other Territories lying IN other portions OF the country,
and IN different legal position As TO the principle OF
nonneyenon upon The part OF Congress in relation %
the question OF slavery do not find that to De enacted
either as principle or as measure IN these terriora
bills OF 1850 i'll have read the records very CAREFUL
ly there is nothing Of that kind there Every measure
o territorial legislation and government has to come up
here for allowance disallowance, and believe thatn
under this BILL without repeating It or departing IRON AZ
IN the slightest degree, il would be competent for Con-
sess morrow 70 pass any law upon that sablect thAy
pleased How, them can il be said that the principle Of
non-ntervenon The part OF Congress in relation TO
the subject of slavery enacted by these compomiss
measures OF 1850! But whether that be not, how
can you lind in a applying 10 these individ-
ua Territories, and nothing else. rule that is 20 gov
ern all other Territories with prospective and retro
epeciiye action Ii is simple begging OF the question !
10 say that these specific in this specific case
amount 10 such rule f HN#e
Let usapply thisreasonng to parallel case In the
early land legislation OF this country. believe, i was
customary without exception 10 require State upon adj
mission into the Union to sipnlae that the public lands
sold within her borders should he exempt from tax.
dUO0 iOT HFe years alter tne SAFE lnS was UNI
form practice down To- the year $780, when the State OF
Missouri admitted and that State came in under this
same stipulation tina, the public lands sold within her
borders should be exempt iIom taxation for i've years
aer their sale. Now, il am not mistaken, the next .
State was Arkansas and it came in without that stpu.
aon and the public lands when sold were 10 be subject
10 immediate taxation. Here was new principle. But
did any suppose that Il acted upon the States pre-
vously admitted believe the whole system of exemp.
ton from taxation is abolished by general law,
and the influence OF that example may have led 10 the
change Bu, until the system actually so repealed
the fact that theexempuon was not enforced in the case
OF Arkansas certainly not supposed 10 act back
upon the State of Missouri A 4n8 sag
There s yet another more nearly analogous to that
Of the country which we are now consdering n rea-
ton TO the prohibition permission OF slavery The or
dnance OF s7 prohibited slavery in the territory OF the
United States northwest OF the Ohio river. In 1890
Congress lassed accepting the cess0n which the
State Of North Carolina made OF the western partof her
territories and with this provsotha in reference 70 that
territory Congress should pass laws tending TO the
emancipation of slaves That was case precisely pat.
ael TO the before There territory OF
the United States in which in 7s7 slavery was prohib-
ted norlh OF the Ohio river Then there was territory
OF The United States south OF the OaO river, in which
Congress stipulated with North Carolina, that it--Consg
gresswoud pass laws tending TO the emancipation
OF slaves The parallel it seems to me, is complss.s
But believe IT occurred TO any that this spa-
aon OF 1890 acted back upon the ordinances OF 81.
furnished rule by which any effect could be psoduead
upon the state OF things then existing under that oydi.
nance IN the territory northwest OF the Ohio Go5
think the report OF the COMMITTEES iself--l intead
TO do the chairman OF that committee no inuuoe,l
and I am not sure that fully apprehend his argu.
tne6t Ia ihs respect-l think that report susains the
view now take OF this subjechat is say, that the
legislation oil 1850 did moi establish any principle intend.
ed have the effect which he attributes toit. That
report how things the judgment of the commit
lee, stood 10 ,bia New Mexican Territory in 1850. Il
was then supposed on the hand that by the Mexcan
tr ioci slavery pronibed and the other hand il
maintained that the constitution OF the United Sgtss
secured to every citizen the right 20 there and take hs
slaves with him. The report considers that aanilar
state OF things exists in Nebraskahai the validity
OF the sh section Of the Missouri by which slavery
is prob bued in that Territory, is doubtful while 10
maintained by distinguished statesmen that CooGrsss
never had any power 10 egslate upon the subject of
slavery Well sir, in This state OF the controversy, the
report maintains that the legislation OF Congress in 1880
did not undertake to decide this question Very we'll il
they did no, undertake decide the question: then they
could not have settled The principle which is al stake;
and unless they did decide that question: the
which they adopted must be considered merely specific
measures relating those Territories alone, and
The establishment OF principle eE@91a
This conclusion seems to TO be direct and
elusive anything be- AT all events these are not
impressions forth under the exgences Of the psssnt
debate. | have never entertained any other. had oc.
cason shortly after the session OF $780, for particulAs
purpose OF literary character, to which ! will pres
emily sllude more distinctly 10 draw up narrative OF
the events which had taken place relative 10 the passage
OF these compromise measures. bad not the benefit OF
the best sources of information; not member OF
Congress at thai time had not heard the Debates which
is almost Indispensable in order TO geta thorough under
standing OF measure discussed or eight or ten month";
Bot inquired OF those who had heard them sead there
ports far as able. had the opportunity OF per.
sona Intercourse with who had taken prominent
part in those measures. And formed the ides,
conceived the thought until obtained u from the
report ot the Committee Territories OF this session,
that those intended TO have any eject be-
yond the immediate and direct questions relation to
the Territories of Utah and New Mexico, which were
then before Congress, and then 10 disposed Of
And cannot bat think that VI ir had been intended that
they should have had any larger application II il had
been intended that the then adopted should fur
nlsb this rule, con'ended II would have been
fact noonous as the light OF day 20
Look at the words OF the enacments themselvea They
specihc they give you the boundaries; they draw
the lines around those TeNiiories they are marked out
distinctly and placed upon the map oi the contDen and
Il IA provded that within those specific geographical
limits certain state OF things in reference slavery
shall take place. And that is all. There not word
10 tell you on what principle that is done there 10 not
word 10 tell that that state OF things is carry with IL
rule operate elsewhere reospec,ively upon territory
acquired n lsO3 and pFospectvely upon territory be
acquired 10 the end OF me there is word to carry
the operation oil these beyond the aphcal
lines laid down in the bill iiself. lfg.M
II would be, indeed singular the effect was produced
hich ~ commended for, even II nothing stood in the
way B II you consider ha, there IL positive enact
ment-lhis Sh section Of the Missouri law hch you now
propose to repeal and repeal because it does stand in
the way--how you think that this enactment of so
in references 10 Utah and New Nexico was intended 10
oyeTeap lheir boundaries and fall upon and decide the
organization OF territory in region purchased from
France so years before and subject special aw by
which IL il prohibited But IL TO me most singulas
words and provisions into this bill give an extended
thought necessary put those words of extension In
no prtu lts fharas etvra