The daily union., 1854-10-21
SENATOR TOUCEY'S EXPLANATION OF THE NE
BRASKA BILL

The democrats rely upon the efficacy of the !" sober
second thought cosracting the errors into which the
popular mind occasionally huFFid by passion and pre-
iudice The following extract from spaech of Senator
Toucev on the clause of the Nebraska
act in regard to the Missouri Compromise will be OF SER
vice to those who are desirous of forming correct opin
ions:
propose to address myself the question before
and SO to that it may be clearly understood and not
msapprehended will read the clause which gives rise to
it, challenge attention the clear and unequivocal Ian
guage in which il is expressed will do the chairman OF
the committee MR. Dougssl the justice to say that the
amendments which have been introduced got designed
to change the principle the policy of the measure but to
usrate cavi and to leave no room for doubt "i read
the section of the bill:
esyc- That the constitution and all the laws of the
United States which locally inappicabe shall have
the same and effect within the said Territory OF Ne
braska as elsewhere the United States except the eighth
approved March 9th, 1920
Which, being inconsistent with the principle of nonn-
tervenon BY Congress with slavery the States and Terri
tories recognised by the legislation OF lSSo cqmmeny
called the compromise measures is hereby declared opea
tive and void it being the true intent and meaning oi TINS
To exclude il hererom but leave the people thereof per
fecy free to form and regulate their domestic institutions IN
their subject only to the Of the unfea
construed to revive pat in force any law or
which may have existed prior TO the act of the 9th of March
1890 either protecting establishing prohibiting, or abolish
ing slavery
This provso in my judgment, entirely unnecessary
have given support because renders per-
fecy clear and certain il renders assurance douby sure
that by any 20 give not about 10 establish
slavery in these Territories bnt Leave them without any
law for its support uness indeed, be supported by the
constitution the United States which have no con-
tzo.
81 The clause declares
st That tie Missouri restriction shall be imperative and
" ID That the bill shalt uos have the effect of egating
| l.. -,,tna Sf,fa Tar IN n III
Sd. That it shall not revive any old Spanish or French
laws which established or protected slavery;
9th That the people shall be left perfectly free form aud
regulate their domestic institutions in their way subject
only 10 she constitution of the United States.
If the Missouri restriction assumption of uncon-
stituona power If Il inconsistent with the principle
of non recognised IL the compromise
1850 which recently received the most decisive sane
ton of American people, then in the organization OF new
Territories by the action OF Congress- ought to be dre
earded and declared imperative. III be declared nopera
tive and these Territories left assuredy they will be-
without lew the sui sc of slavery except the supreme
law OF the constitution, questions will arise lst Whether
slavery the of municipal law, which cannot
live outside State whose laws UPHOLD it I'd Whether
the constitution OF the United States by rs own intrinsic
efficacy win carry slavery into the Territories and uphold
1t there One Is the preponderatng opinion OF the North
the other OF the South. Both involve mere judicial ques
on the bill provides for the transfer OF them 70 the
courts Of jusce and finally in the last resort to that tr
buns which the constitution has established for the sdadcs
Of all questions Of this kind And the honorable senator
from Delaware who addressed the Senate yesterday lMr
Cayonl viii have The principle presented to him to-day
which advocated by him. aDd Incorporated IN the ball re-
ported by him six years ago by which these questions
submitted they ought to be- to that exalted cons
to1sl tribunal.
Whateger may be the decision Of the courts upon these
questions the practical result nonntervention by Con-
gress will follow Of course IL it should be de-
cded that the constitution by its intrinsic efficacy, will
carry slavery into the Territories and il there then
every knows that any law Of Congress- Of the ero-
rial legisl,ture nterdicng would be unconstitutional
void because neither the the other repeal