Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-02-06

or slaves could or could not be introduced be-
fore the organisation of State Governments
That question was left entirely to judicial de-
cision.
Well. sir. what did the committee propose
to do with the Nebraska Territory? In re-
spect to that, as in respect to the Mexican
Territory, difference Of opinions exist in relation
to the introduction of slaves. There are South
ern gentlemen who contend that notwithstand-
ing the Missouri prohibition, they can take
their. slaves into the Territory covered by it
ond hold them there by virtue Of the Constitu-
ton. On the other hand, the great majority
Of the American people, North and South, be-
lieve tho Missouri prohibition to be constitu-
tonal and effectual Now, what did the com
mittee propose? Did they propose to repeal
the prohibition? Did they suggest that it had
been superseded? Did they advance any idea
of that kind? No, sir This is their language:
"Under this section, as in the case Of
the Mexican law in New Mexico and Utah,
it is disputed point whether Slavery
is prohibited in tho Nebraska country by
vaiid enactment Tho decision of this ques-
ton involves the constitutional power Of Con-
gress to pass laws prescribing and regulating
the domestic institutions Of the various Terri
tories Of the Union. In the opinion Of those
eminent statesmen who hold that Congress 10
invested with no rightful authority to legislate
upon the subject Of slavery in the Territories,
the eighth section Of the act preparatory to
the admission of Missouri is hull and void,
while the prevailing sentiment in large por-
ton Of the Union sustains the doctrine that
the Constitution Of the United States secures
to every citizen an inalienable right to move
into any Of the Territories with his property,
Of whatever kind and description, and to hold
and enjoy the same under the sanction Of law.
Your committee do not feel themselves called
upon to enter into the discussion Of these con-
troysrted questions. They involve the same
grave issues which produced the agitation, the
sectional strife, and the fearful struggle Of
1862
This language will bear repetition.
Your committee do not feel themselves
called upon to enter into the discussion Of these
controycrted questions. They involve the same
grave issues which produced the agitation, the
sectional strife, and the fearful struggle Of
1892
Then they 60 on 70 say:
Congress deemed it wise and prudent TO
refrain from deciding the matters in contro-
versy then, either by affirming or repeating the
Mexican laws, or by an act declaratory Of the
true intent Of the Constitution and the extent
of the protection afforded by it to slave prop
erty in the Territories; SO your committee are
not prepared now to recommend departure
from the course pursued on THAT memorable
occasion, either by affirming or repeating the
eighth section of the Missouri act, or by any
act declaratory of the meaning of the Consti-
tuition in respect to the legal points in dis
puten
Mr.. President, here are very remarkable
facts The Committee on Territories declared
that it was not wise that it was not prudent,
that it was not right to renew the old contro-
versy, and to rouse agitation. They declared
that they would alb from any recommend
alton Of repeal of the prohibition, or of any
provision declaratory of the construction Of the
Constitution in respect to the legal points in
dispute.
Mr.. President am not ono Of those who
supposed that the question between Mexican
law and the slaveholding pretensons, was avoid
ed in the Utah and New Mexico act; nor do
think that the introduction into the Nebraska
bill Of the provisions OF those acts in respect to
Slavery, would leave the question between the
Missouri prohibition and the same slavehold-
different opinion But am dealing now with
yond all controversy, that the Senator's own
report made only four short weeks ago, gave
no .countenance whatever to the doctrine Of re-
peal by supersedure
Well, sir, the bill reported by the committee
was printed in the Washington Sentinel on
Saturday, January 7. It contained twenty SEQ
tions; no more, no less. II contained no pro-
visions in respect to Slavery, except those in
the Utah and New Mexico bills. Il left those
provisions to speak for themselves. This was
IN harmony with the report of the committee.
On the 10th Of January--on Tuesday-the act
appeared again in the Sentinel but it had
grown longer during the interval. 1t appear
cd now with twenty-onc sections. There was
n statement in tho paper that the twcniy-frst
section had been omitted by clerical error.
But sir, it is singular fact that this twenty
first section was entirely out Of harmony with
tho committees report. II undertookto deter
mine the effect of tho provision in the Utah
and New Mexico bills. II declared, among
other things, that all questions pertaining TO
Slavery in the Territories, and in the new
States to DO formed therefrom, were to be left
TO the decision Of the people residing therein
through their appropriate representatives
This provision, in effect repealed the Missouri
prohibition, which tho committee in their re
port, declared ought not TO DO done. IL IL pos
sible, sir, that this was mere clerical error
May il not be that this twenty first section was
the fruit Of some Sunday ,oork, between Satur-
day the 7th, and Tuesday the iOthi
But sir, the addition OF this section, IL seems
did not help the bill IL did not, suppose
meet the appreciation OF Southern gentlemen,
who contend that they have right to take
slaves into the Territories, notwithstanding any
prohibition either by Congress or by Terri
torial Legislature. ! dare say it was found
that the votes Of those gentlemen could not be
had for the bill with that clause in IL II was
not enough that the committee had abandoned
their report, and added this twenty-frst Sec
ton. in direct contravention Of its reasonings
and principles. The twenty-flrst section itself
must be abandoned, and the repeal Of tho Mis-.
souri, prohibition placed in shape which
would not deny tho slaveholding claim.
Tho Senator from Kentucky, IMr Dixon