Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-02-11

whether that law was in accordance with the Constitution of
the United States not would do its work and that work
would be to preclude Shareholders going into that
tory But when came to look into that question found
that there prospect hope of repeal of the Mis-
souri, compromise excluding slavery from that tera
Now free TO admit that at this moment at this hour
and for all time to should oppose the organization or
the settlement of that territory unless my constituents and
the constituents Of the whole South of States OF the
Unon could 60 into it upon the footing, with equal
rights and equal privileges carrying that species Of property
with them other people Of this Union. Yes sir acknow-
ledge that that would have governed but have hope
that the restriction will ever be repealed
al have always been of opinion that the first great
committed in the political history of this country the
dnanoe of 1887 rendering the Northwest Territory free
rtory The great the Missouri compromise
But they are both rremedabo There is no remedy for them
We must submit to them. am prepared to do it. 1t is evil
that the Missouri compromise cannot be repealed So
far as that question concerned might well to
the admission of this territory year. five
ten hence Globe Second Session, Ih
! ty-Second Congress, rot 26, page lib.
Mr.. CHASE. That, sir, is the speech of the Senator
from Missouri whose authority Think, must go4or
thing upon this question What does he say? " When
to look into that question: Of the possible repeal
of the Missouri the question he
looking nto-"I found that there was no prospect no
hope of repeal of the Missouri compromise excluding
slavery from that Territory And yet sir at that very
moment according to this doctrine of the Senator
from Illinois, it had been repealed three years!
Well the Senator from Illinois said further that if he
thought it possible to oppose this restriction successfully
he never would consent to the organization of the terri
tory until it rescinded But, said he acknowledge
peaed Then he made complaint, as other South
gentlemen have frequently done Of the ordinance Of
1877 and the Missouri prohibition; but went to say,
they are both remediable; there is no remedy for
them; we must submit to them; am prepared to do it;
it evident that the Missouri compromise cannot be
pealed."
Now sir, when this said 1t was on the morning
Of the 4h Of March, Just before the close of the last
sion, when that Nebraska BILL reported by the Senator
from Ahnoia WHICH proposed repeal and suggested
no supessedure, swas nnder discussion think sir;
that oil this shows pretty clearly that to the very close
Of the last session Of Congress nobody ever thought Of
repeal by supersedure Then what took place the
commencement Of the present session. The Senator from
Iowa, early in December introduced bill for the organi
cation of the Territory of Nebraska. believe it
the same bill which under discussion here at the last
session, line for line, and word for word If wrong
the Senator will correct me.
Did the Senator from nos then entertain heidea that
the Missouri prohibition had been superseded? No. sir
neither he nor any other here, far could be
judged from any discussion statement remark had
received this notion.
Well on the fourth day of January the Committee on
Territories, through their chairman the Senator from II
nos made report the territorial organization of
Nebraska, and that report was accompanied by BILL
Now sir on that fourth day Of January just thirty days
ago, did the Committee Territories entertain the OPT
MON that the compromise acts of 1850 superseded the
Missouri prohibition If they did, they very
full to keep it to themselves. We will judge the commit
tee by its own report What does that say In the first
place. they describe the character of the controversy in
respect to the territories acquired from Mexico They
say that believed that Mexican law prohibiting
slavery was in force there while others claim that the
Mexican law became imperative at the moment Of
question: and that shareholders could take their slaves
into the Territory and hold them there under the proy
sions of the Constitution. The territorial compromise
acts as the committee tell u.s. seered clear of these
questions They simply provided that the States organ
lied out OF these Territories might in with with
out slavery as they should elect but entirely silent
upon the question whether slaves could could not be
introduced before the organization of State
That question was left entirely to judicial decision
Well sir, what did the committee propose to do with
the Nebraska Territory In respect that in respect
to the Mexican territory difference Of opinion exists in
relation to the introduction of slaves There South
ern gentlemen who contend that Notwithstanding the
Missouri prohibition they take their slaves into the
territory covered by it, and hold them there by virtue of
the Constitution On the other hand the great majority
of the American people, North and South believe the
Missouri prohibition to be constitutional and eectua
Now, what did the committee propose? Did they pro
had been superseded Did they advance any idea Of that
| kind? No, sir. This is their language:
Under this SECTION in the Of the Mexican Inv in
New Mexico and Utah. it is disputed point whether slavery
is prohibited in the Nebraska country by valid enactment
The decision of this question involves the constitutional power
Congress to pass laws prescribing and regulating the do
mestc institutions of the various Territories Of the Union In
the opinion of those eminent statesmen who hold that Congress
is invested with rghdul authority legsate upon the
subject Of slavery in the Territories the eighth section of
act preparatory to the admission of Missouri is null and void
while the prevailing sentiment in large portion Of the Union
sustans the doctrine that the Constitution the United States
every citizen naenabe right into any
OF the Territories with his property of whatever kind and de-
scphon and to hold and enjoy the under the sanction
OF law Your committee do not feel themselves called upon
to enter into the discussion of these conroverted questions
They involve the same grave issues which produced the ag
taon the sectional strife and the fearful struggle Of 1852
This language will bear repetition:
Your committee do not feel themselves called
ter into the discussion Of these questions They
involve the same grave issues which produced the agitation
the sectional strife, and the fearful struggle of 1885,"
And they 60 on to say:
Congress deemed wise and prudent refrain from
Gliding the matters in controversy them either by affirming
repeating the Mexican laws, by declaratory of
true intent of the Constitution and the
ton afforded by it to slave property in the Territories your
committee are not prepared to recommend departure
from the course pursued that memorable OCCASION either
by affirming repeating the section Missouri act
by act decaratory of the meaning the Constitution
in respect to the legal points in dispute"
Mr.. President, here very remarkable facts. The
Committee on Territories declared that it was not WISE
that it was not prudent that not right to renaG
the old controversy and to agitation They declared
that they would abstain from any recommendation of
repeal Of the prohibition any provision declaratory
of the construction of the Constitution in respect the
legal points in dispute.
Mr. President am not Of those who supposed that
the question between Mexican law and the slavehoding
claims was avoided In the Utah and New Mexico act
do think that the introduction into the Nebraska bill of
the provisions of those respect to slavery would
leave the question between the Missouri prohibition and
the same slavehoding claim entirely unaffected nm of
very different opinion. But am dealing with the
report of the committee, and show beyond all conro
versy that that report gave whatever to
the doctrine of repeal by supersedure
Well, sir the bill reported by the committee was print
ed in the Washington Sentinel Saturday, January T.
1t contained twenty sections MORE less. 1t
tanned provisions in respect slavery except those in
Tho md lie laft