The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-18


i Mr. CASS. MIR. President desirs not to be msnnder-
stood upon this pont and therefore hope Che Senate
viii pardon me for troubling them with few words In
the first place the senator from OHIO regulates this mo
sure not being of non-nterventon He says rs
not following out our own principles, but is Intervention
The and myself view the subject very differently
and he 10 either wrong, and very wrong, or am Inc
compromise Of 1920 intervention nobody
can deny that for the paDest of all reasons because all
authority Of Congress Congress did intervene TO declare
that the country north of the Compromise line
should have no slavery did touch the remainder Of
the country ceded from France but norened very
large portion of the acquisition made by the treaty by
which acquired Louisiana There, then was neryen
| uon,
What is the proposition of the bill nowi II is 10 declare
that intervention void How the honorable senator
from Ohio call such proposition intervention II is strict
1t is putting ourselves in true position
from false That is the effect of the repeal of the
Missouri Compromise II sa strict ofnon Intervention,
declaring the great principle that the people Of the local com
munitea whether called States Territories and not the
Congress of the United Stnes shall exercise this great
power Of government. That is the point.
Now Mr. President the senator from Ohio has proposed
an amendment which, free confess at FIRST struck
avorably And must give the senator from North Caro-
lima Mr. BApGER the credit of saying that should have
voted for that amendment the moment under my
ing Impressions but for the fact that on the Instant al
most without knowing anything about IT, he delivered
the most powerful and logea arguments against which
ever heard, which Immediately changed my opinion.
Mr. BUTLER. The senator viii have to correct that,
/ | suspect Laughterl lie says my friend fiom North
Carolina made that speech without knowing anything about
(. Mr.. CASS. say almost an act of intuition.
4 That honorable senator makes very powerful speech
with very little preparation The subject, whatever il is
always to be in his mind Well sir, the honorable
senator from Ohio proposes to insert provision take
from the people the power Of allowing slavery
/ Mr.. CHASE To allow them to prohibitIt.
Mr.. CASS. II is the same thing. You allow them the
II power prohibit slavery by your amendment but
establish it. The original provision stands gives
them both powers, subject to the limitations of the
tuition Then, the effect Of the aaendment of the honora-
BILE senator from Ohio, if adopted would be throw
doubts upon the preceding provision. If give them
both powers and then afterwards clearer language but
one il is strong intmaon that destroy the effect Of
our own previous provision. IL casts doubt upon il.
The view, therefore, is to repeat both if repetition
necessary fyou repeat one only you throw doubt upon
Now uoon that point how sands the matter? The pro-
vision it is allows the people the power establish
prohibit slavery subject to the limitations Of the cons
tuition of the Uoled States The from Ohio says
he objects that ausion the power in this
bill. Now Of fact, il would make the Sigh
est difference the practical operation OF the bill whether
those words be in or out If we have the power under the
constitution, to give the people of the Territories the
else of the right Of admitting excluding slavery do
it but if we have not the power, cannot do it, In my
opinion therefore, the alluson the constitution neither
gives takes away power 1t makes it stronger
and weaker In my opinion, there necessity ioI
the introduction of that provision, any than there
for you say bill that dollar shall levied Sc
and provided the constitution allows it, any other
of legislation whatever You may insert in every
from this beginning to the end Of your sautebooks, the
positive provision that particular thing shall be DONE pro-
vided the constitution allows it; but what gcod do
Your power of Legislation depends upon the power which
YOU derive from the constitution The constitution over
rides you any rate You in the habit of proy
ding, in regard to every act of legislation thai shall
be done unless be consistent with the constitution. The
words are therefore, think, entire surpusage IL my
epnion have said before the people of the Territories
under this provision will I'VE full power Of legislation
because believe the constitution does prohibit the
r exercise Of that power.
The honorable from Ohio SAYS that am of opn
ion that the constitution does prohibit but that hei
gentlemen of opinion that il does Our opinion viii no
ftnfpu of
the constitution. Then, however may think or howeve,
the honorable from Mississippi may think the
operation Of this provision whether not constiiu
ona judgments will not be affected by omission OF
insertion of these words but will remain was before
the honorable senator from Mississippi will have his opin
ion and shall have mne and both opinions subject to
the final action Of the proper tribunal whatever that lay be
say, think the provision in the bill will give ali the
effect which desire 1t will give 10 the people of the Ter
rories the full right OF egislann because | believe the
constitution contains provision, power by which
slavery, vi fermni, extends TO any Territory Immediately
on its annexation to the Union But, il does concsde
at once that you cannot give the people this power III
does not those gentlemen who opposed me will con-
cede at once that this section gives the power We cannot
determine that point We may express opinions upon
in the law, and in favor of dong so on this subject
am any other independent OF recitng the consiu-
ton itself but we cannot change its effect and there
fore would say said before that shall vote for The
bill with that provision; but ia any gentleman will propose
positive stipulation, such the alluded to by the
honorable senator from North Carolina containing DO h
powerhat the legislature shall have the power OF excu-
sion and Of admlsslon-so to make ii fair tangible
proposition will for IL bat one-sied pronosion
which throws doubts upon our legislation | cannot
vote for.
Mr. STUART Mr. President do not think that The
questions presented here 80 perfectly clear and for the
purpose of bringing where certainly the rules of the
senator bring us, want {, call the of the Senate
for moment 10 what is the condition OF this bill
At early the session, the senator from wa Mrs
DoDcE introduced bill TO organize The Territory OF Ne
braa, which read twice. and referred TO the Committee
on Territories. That committee reported back al sub
sequent day. with amendments proposing to strike
after the enacng clause Of that bl and insert sub
sutute At subsequen day. the senator from Inos the
chairman of the committee, asked the unanimous
the Senate 10 introduce amendment, as understood
him rnd understand him now from the committee for the
purpose OF having printed. The Chair and the Serae
will that required the unanimous consent OF the Sem
ate allow him introduce il for the purpose OF having il
printed Now the question before the Senate is on the
amendments reported to the bin introduced by the
from Iowa, and not upon any ohor question at present
The Char and the Senate viii the difficulty nj once.
The senator from Ohio Mr. CussH has introduced the
amendment which has been under The senator
from Maryland Mr. PRArr proposed to amend IT, as DER.
hsps, every gentleman in the Senate ercop some two or
three would like TO have IL amended The amendment of
the senator from Maryland give TO the territorial
legislatures IN distinct TERMS the right exclude or estsb
sh slavery. Following the discussion and not turning my
attention to the condition of the bill itself occupying the
chair AT the Moment decided that the amendment of the
senator from Maryland was not in order Bot now find
that that decision ~ not because the substitute not
before the Senate present bot the original bill 10 before
the Senate, and the amendments that bill and that bin
must be disposed Of before the can be
You may vote down all the amendments 10 the original bin
may vote them all into bill and IA many more
you choose bat yon proceed with Il until Won hs we
disposed Of that BILL and then you may MP The sbsti-