The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-09

Il
tors, in terms or less distinct declare, without lin
ilaon, that ths bill gives the people Of the Territories
The right 10 exclude slavery ln plain English, that u
recognises the doctrine OF "squaer sovereignty this
new theory has been termed. do not think and II
dad, would withhold from the bill the sanction oi my
vote utterly deny and Iepudiae this whole doctrine
OF squaer sovereignty But. before proceed 10 an ex-
animation OF h must pause 10 consider another feature
lmbodled in the amendment proposed by the honorable
senator, the mover OF lhis bill
I The amendment declares thai the act oi $780, tom-
monty called he Missouri Compromise, is inconsistent
with the legislation OF 1850, known the COMPROMISE
OF that year and is therefore, declared imperative and
void II did not know the asineness OF the senator
who drew up this amendment, MIR. DouGIAs,l and how
unlikely be would be 10 into such error, should
think there inaccuTacy in deducng the eonciu-
sion thai the legislation Of $780, in reference 10 one Ter
oFy, imperative and VOID, because 10 inconsistent
with The legislation OF $780, in reference TO another
Terriory II is very certain that the legislation OF 1870,
regards the territory north OF 80 deg 80 min, was in
consistent with the legislation regards the terri
tory SOUTH and yet both slood, and have continued 10
stand for thirty years and more /, is eqeeily certain
that it Congress hes the power TO exclude sarery from
the Territories and The power s SIMPLY pernissve and
mandatory las certainly is not) under the cons-
tuition, then Congress may exercise in place. and
tofheaT its exercise IN anoher and the failure 10 exer
ii in Nebraska for example, would not render mop
eratIye and void It's exercise IN Kansas.
II the act OF ls2o, that excluded slavery from all the
territory north OF 80 deg 80 min constitutional II
may stand. and il IL logically Inaccurate 10 say that il be-
comes imperative and void simply because the iegisla-
ton OF 1850 failed exclude slavery south OF that line.
But if the other band, The act OF 1920 anconsii-
uiona and those OF 1850 brought back The government
to ITS true constitutional position, then would be logi-
cay 10 say that the act OF 1920 beng unconsl-
tuona Is inconsistent with the acts OF 1850, Chat have
restored the govenmepi to lis true constitutional posi-
ton and, therefore, the Of ls20 is imperative and
void Imperative and void, not because of lis admitting
or excluding slavery, but imperative and void because
il is inconsistent with The restoration OF The government
II 10 Its rightfui constitutional position.
take il for granted, Mr. President. that the able and
learned senator Ihlr DouGLAsl meant what The Ian
guage OF his amendment impes-io wit, that the legis-
Qf 0ussI
that Congress could not exclude slavery from Terri
tory and that, inasmnch as lhe act Of 1870 undertook
10 do that thing, is In conflict with great constu
tiona principle, and therefore, for that reason IS in
operative and void.
i may be mistaken in my reasoning-I may be mistaken
IN what IS meant BY the mover OF this amendment but
i there 10 thing which l am not missken--ihe
amendment declares the Missouri Compromise inopera-
tive and void Tbs is il should be /, squares
acly with my notions long since expressed OF the
stlnuonal obligations OF the government, and will not
quarrel with good aci, though bad may
4 be given for lis Performance.
viii noi deian the Senate points of lille prac-
4 teal importance as this The conclusion al which we
the practical issue, effects the practical
suit and whether reach that conclusion By a sound
course OF reasoning Is thing OF h,ue consequence 10
our constituents voted for The amendment, believing
that the premises justified the conclusions But If had
though, otherwise, should have voted as did The
declaration that the Mssos Compromise s hencefonh
10 become imperative and void comments the measure
/ TO my warm and cordial support
pass the consideration OF another point, and do
lng so respectfully invoke the attention Of The distin-
guisbed senator IRON Michigan, Mr. CAss.l That SEN
aior TIE Acknowledged aaihor Of the docsfne known
n political parlapce squaiter sovereignty.
From ihs doctrine have always Gssented and dssea
from il To-day Accustomed as have long been 10 re-
gard with whatever emsnaiss from that disp-
gushed and venerable senator, and feeling ali times
PAINFUL reluctance TO a position al variance
with him, have, nevertheless found myself constrained
after mature investigation 10 conclude that on this point
i From what source. lei me ask The senaio5 does he
derive lhe power Or The right OF Toe people o Territory
/ 10 exclude slavery Gotgress does no, eoRief the
poweF-ihai is eerisn. The senator has made
gunenis and better than any living salesman 10
prove thai Congress has right power under the
suuton exclude slavery from Territory; and shall
nsu the good OF the Senate OF the eouRiry
BY proving that. II Congress does not itself this
power, II cannot confer on another. Congress cannot
give what Hhss not got Congress cannot the
whole order OF Nature, and make the creature greater
than the creator When The senator proved that Con-
gress bad no power over slavery IN the Territories. be
proved necessarily that Congress could not confer this
power on a territorial legs aiure-a Legislators which i
best bu thing Of cresion-nor yet upon the peo-
PIE OF Iefuery for, alter all hese people have 90
exisieHes a political organization but By
i u ht power i conferred by Congress, whence DO
you derive ~ The senator from Michigan has left
N no doub, a. 10 The quarter iTom which he derives Il
Ga lormer occasion, and in speech not before
me, bat whics have IN my minRs eye, ibe said
he derived the power from Almighty God
Mr. CASS ! DO not wish 70 interrupt the senator Al
a because II matter of sort Of consequence, bui
wirh say 10 him that did moi derive that power
from Almighty God was asked whence Gerved the
power Of government 10 The people and ianswersd thai
The Eh of government The right 70 exclude slavery
was derived from Almighty God.
4 Mr.. BROWN. suppose when Tie senator said the
right o. government without imposing limitation BE-
meant Of course include the night 70 exclude slavery
4 Mr. CASS. Oi cOuiEe
II Dir. BROWN. | ~ Understood The senaiof. 1 m
asysoCd ban deriving The poxer Of self government
tor the people directly from Heaven and TIE seuaior
imposed no limitation or resnction the powef I 10
erred, OF cBurEr hal be include The right
slavery, aod the ssRsioT says ives correct vas Jus
n ne -
this power from Got. Not his sine. poref and i
alone sut lhi- along VITA other PoWefs.
Now, siT. II his be 20, tie eoufuci OF ibis Eovem
ment has been most singular aAd the sena0f will al
low viii say, with tie mo.i perfect rssPect, that hs
own personal conduct needs explanation II sm no,
mistaken IN The snieeesents Of he senator sixteen
oF tseny years OF bis protfsced and honorable life
have bee9 spent the government OF Of these Ter
rtones He commissioned 70 DO So not By Heaven.
but by Tie Presden, 0f the United Siaass. The people
whom he GovsTned sinh much ability, aGd ih och
Acknowledged advantage % them, consulted
ss 10 whehFr BE should be Their governor The Pfes-
dent issoDed bin, and that was The end oil ~. All
the people bad 20 DO 10 han and 10 respect
him a. their governor Mhen The senator comes 70 re-
ply, shall be glad 70 learn from hm how he iusii6es
himself 10 taking mans commission 10 Tsle pso.
pie who have authority direct from God himself 70 GOV
ern themselves u ne, without explanation,
very much like asurper; and had not the greatest
po-- -ble vsnerson s1d espcc Tor the senator, would
say usurper who bal mp ousiy inieTposef 70 wfssi
from people tie greatest and best gilt Of Heayenibe
Il right Of seli-govenmeni
IT, as Is conended. The people 81 Terrlory giied
from Heaven with the right OF self-governmcnt, by
II what ssihoFily do you hab'iuay send men to rule