Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-04-12
Masbingtnn Sentinel,
NEBRASKA AND KANSAS,
SPEECH OF HON. WIN. PRESTON.

NEbhAShA AMI hANoAct
SPEECH OF HON. VIM. PRESTON,
OF KENTUCKY,
In THE HOUSE OF REPRESENTATIVES, April 9, 1884.
The House being in the Committee of the
Whole on the state Of the Union
Mr.. PRESTON said:
The subject upon which propose to address
the committee to-day, Mr.. Chairman, is one
whichhas been already discussed very thoroughly
in the Senate, as well as in this House, and
cannot fatter myself that information Of much
value can be added to the arguments already
advanced but, as am about to return to Ken
lucky for short time, desire, before my de-
parture, to express the views / entertain in re-
lation to the territorial bills organizing Ne
braska and Kansas, for the purpose Of defining
the course intend to pursue in the event that
we vote upon the bills at this session of Con-
gress.
There are two bills before us for considera-
ton now upon the calendar of the Committee
Of the Whole, one Of which, after having passed
the Senate, was referred to it upon the motion
of the gentleman from New York, Mr.. Cur
TING, and the other is the bill reported by the
chairman Of the Committee on Territories Mr..
RICHARDsoS to this House. The Senate bill
differs from the House bill in two points, one
of which is known as the Badger amendment,
having been introduced by the senator from
North Carolina, and the other as the Clayton
amendment, from its having been offered by the
senator from Delaware. But the chief ques-
ton involved in both of the bills is provision
for the abrogation of the eighth section Of the
act preparatory to the admission of Missouri
into the Union, which it declares is rendered
imperative by the principles Of legislation con-
tanned in the series of acts known as the COM
promise measures adopted in 1850.
These bills, Mr.. Chairman, propose to organ.
ize two Territories, containing together an
area more than twice as large as France, and
twelve times the size of the State Of New York.
The Territory of Nebraska commences upon
the banks Of the Missouri where it is intersected
at the fortieth parallel Of latitude, and runs
thence westward, until it strikes the icy sum
mits Of the Rocky mountains; thence north
wardly along that range, until it is intersected
by the forty-ninth degree Of latitude; thence
eastwardly along that parallel, which is the
boundary between ourselves and the posses
sions of Great Britain in North America, to
the western boundary of the Territory of Min
nesota; and thence along that boundary and
down the Missouri river, to the beginning.
Immediately south Of the Territory of Ne
braska it is proposed to organize Kansas, con-
tanning all the territory bounded on the south
by the thirty-seventh parallel of latitude on
the west by the Territories Of New Mexico and
Utah; and on the east, by the State of Mis-
souri,. II. s-...4.-.s.e.4,,..-5ss ".
The question contained in these bills is OF
great importance, and will produce lasting
effects in the history of our country. 1t is an
event not only fraught with excitement for the
present. but the most important consequences
Tor the future, and will form another eventful
incident in the history Of the last FIVE years,
forming as it does the most interesting era in
our progress since the establishment Of the in
dependence OF our country. TO lay the foun-
dations of government for the future States to
to be created from this Territory, and to estab-
lish wise and just regulations, granting equal
rights and privileges to the people of the Union,
are measures Of great moment and magnitude.
This is rendered more difficult from sectional
jealousies, and from the fact that the southern
States possess species of property that the
northern desire to excludefrom these Territories,
and which would, in effect, prevent the people
Of the southern States from emigrating to them
with their property. 1t is natural that feel
ing should exist in the north to strengthen
its political power even by usnrping exclusive
jurisdiction over the common Territories of the
nation, and it is natural that the people Of the
southern States, when they view the great field
for American enterprise and American indus
try which the plains of Nebraska and Kansas
offer, should be unwilling to permit themselves
to be excluded forever from emigrating to them
with their slaves, by an unjust and unequal re-
striction of Congress.
1t is not my desire to discuss minutely any
constitutional question embraced in the bill,
although | entertain the opinion that the pro-
visions of the eighth section of the act admit
ting Missouri into the Union, are not only un-
Just but unconstitutional. There is doubtless
great difficulty in the whole subject Of the
rights of Congress over the Territories, and
the extent to which it may exercise powers of
exclusive legislation over them. 1t seems to
me clear that the moment we acquire terri
tory by conquest or purchase, the Constitution,
without any act of Congress, extends over it,
and that every privilege guaranteed to the citi-
zen is protected to the extent of our jurisdic-
ton, without any auxiliary legislation; that the
moment the sovereignty of the republic is es
tablished, the Constitution is the paramount
law; and as the Roman emigrated to.the colo
nies, under the standard Of his country, signi
flying that he bore with him his personal rights
as Roman citizen and the majesty of the Ro-
men protection to the remotest verge of earth,
so believe that, wherever the flag of our coun.
try floats, the American citizen is protected by
the flag and Constitution OF the United States
Statesmen Of great reputation have entertained
different and conflicting opinions upon this
subject, and have believed that it required an
act Of Congress to extend the Constitution to
newly-acquired territory; but it seems to me
that wherever our flag protects the person or
property of the citizen the Constitution must
be the paramount law. This protection ex.
tends not alone 10 the persons and property Of
the people of the north, but also to the persons
and property of the people of the south, and to
every citizen of the United States, whether
northern or southern, native-born or natural
lied, and shelters alike the goods Of the north
ern merchant and the slaves of the southern
planter If Virginian were to embark from
the shores of the Potomac, to emigrate with his
family and slaves to Louisiana, and should
during war encounter and capture some bel
ligerent vessel upon the high seas, and were to
abandon his own ship and take possession of
tba Yr;,a world our courts of admiralty de-