Washington sentinel., 1854-05-02

~
OF all
Z. The State Of Eirginia is, therefore, asitysgards
me SUBJECT, united IA common eanse fcifh me peo-
pfc Of Lhe Missouri Territory, and bound to f'iser-
pose for their defence"
Enforcing this view, Mr.. Clay said, in dis,
cussing the Wilmot proviso:"
q" That proviso has been the fruitful source OF
distraction and agitation. If il were adopted and
applied TO any Territory il would cease to hare any
ooffgdtoyy force SHch Territory fcefe ad-
A1iffedas a State into the Dnion.
have sufficiently opened this discussion to
show how deeply the question involved the
constitutional powers Of this government. This
is all aimed at; and now, sir, would ask OF
this House arhether the exercise of sach a poac-
er could be made the subject Of a Legislative
i COMPROMISED
i Sir, before entering upon the discharge Of
our duties, we are solemnly sworn to support
the Constitution of the United States, as the
supreme law of the land. So, also, are the
judges of your courts, who are the final arbiters
In all cases brought before them involving the
true construction of that instrument. Pass
/ your compromises by whatever numbers you
4 will, annex conditions as you may, you cannot
escape in all after time the application of the
great test is it constitutional? There is no
Legislative solemnity, no congressional power,
with which you can clothe your act, that can
| secure its continuance for one moment against
1 the scrutiny of the humhlest citizen of the con-
! federacy
/ Mr.. Chairman, among the most distinguished
of the representatives in the Congress of 1920
was one who had borne conspicuous part in
framing our federal Constitution. He was
full of years and wisdom, but the meowing
hand of time had not yet touched him with the
principles Of decay. That man was Charles
Pinckney, of South Carolina.
| Speaking to this very point, Mr.. Pinckney
said:
s 4 cannot, on any ground, think Of agreeing to
| compromise on this subject. However all may
wish TO see Missouri admitted, as she ought TO be,
on equal terms with the other States, this is very
unmporant object TO her compared with keeping
/ the Constitution invoate-from keeping the hands
Of Congress from touching this question. nthe
suc5eet ef me Constitution, no compromise ought
ever TO be made
In 1850, Mr.. Tazewell, of Virginia, whose
| reputation as an accomplished statesman is uni
versally recognised, writing this subject says:
| Although can readily conceive The expedi-
ency and proprety of adjusting questions of inte-
| rest by compromises, and in many other modes, /
freely acknowledge that have never yet been able
| 10 comprehend how questions of constitutional
| right could properly be SO treated especially by
| those endowed with fiduciary powers only. Ii is
| supposed that the result of compromise Of con-
stitutional principles becomes equipoent with
the provisions the Constitution itself Then the
compromise is in truth an amendment Of the Con-
stituton-an amendment Of this instrument, TOO.
] by those to whom il has positively denied the
! power of making any amendment whatever. And
| il the compromise has not such an effect but is
! regarded as mere legislative act which, like all
! other such acts is repeaable at the will ofthe ma
jority then the compromise becomes temporary
expedicnt 10 postpone the troublesome subject,
| until the majority, by means OF this very compro-
mise, shall acquire sufficient strength TO enforce
ksome other, and, 10 them, a better bargain"
1t was upon the subject of the tariff compro-
mise that Mr. Webster used this language:
| "My constituents might forgive me for sacri6-
cling thernterests but never for violating the Con-
| stitution.n
Mr.. Chairman, the wisdom of these teachings
| is too manifest to require any aid from further
discussion. Let US, sir, meet the important
and agitating question involved in the objec-
ton to the bills before US on our own respon-
sibility as legislators. Let us not shrink from
bold and fearless discharge Of the duties i'm
posed upon us by generous constituency, and
| fly to shelter behind the acts of those who pre-
ceded US thirty-odd years ago! Let us, be-
yond all things, avoid a resort to any temporary
| eXpedient, but plant our measures upon the
| broad foundation of the Constitution. Then,
sir, our action will stand the test Of time, and
| be as durable as the base on which it rests.
Borrowing the language of the great Carroll
man, " | see my way in the Constitution; can
not in compromise. A compromise is but an
act of Congress; it may be overruled at any
time; it gives us no security. But the Consti-
tuition is stable; it is rock. On it we can
| stand, and on it we can meet our friends from
| the pon-slaveholding States. 1t is q firm and
stable ground, on which we can better stand in
| opposition to fanaticism than on the shifting
sands. of compromise. Let us be done with
compromises. Let us 60 back and stand upon
| the Constitution p
| Having thus, as / believe, disembarrassed
the measure of the encumbrance of past legis-
lation / turn to the objection that the Senate
bill is not entitled to the favor of southern men,
because, while protesting the principle of non
intervention, it in fact contains direct iate1rcn-
tion against The rights Of the south. This diff
Guilty was first suggested by the distinguished
senator from Delaware, Mr. CLAYTON, during
the recent debate in the Senate, and has been
followed up in this House by the elaborate ar
gument of the gentleman from Virginia, Mr..
| MILLsoN, sustained by the gentleman from
Maryland, Mr.. FRANKLIN. 1t was also one
Of the chief reasons urged by the gentleman
| from New York Mr.. CUTTING for referring the
Senate bill to the Committee Of the Whole"
To understand with precision the character
and force of this objection, let us turn to the
provisions of the bill itself:
THAT the Constitution and all laws ofthe Uni |
ted States, which not locally nappicable, shall
have the same force and effect within the said |
Territory of Nebraska as elsewhere in the United |
States, except the eighth section ofthe act prcpar-
atory 10 the admission of Missouriin into the Union,
approved March g. 1890, which, being Inconsistent
with the principle OF tnon-intervention by Congress
with slavery in the States and Territories, as re-
cognised by the legislation Of 1850, commonly cali |
ed the compromise measures, is hereby declared
10 be imperative and void; il being the true in
tent and meaning of this act not 10 legislate sla-
very into any Territory or State, nor to exclude il
therefrom but to leave the people thereof perfect
y free to form and regulate their domestic insiiu
tions in their own way, subject only to the Cons |
tuition of the United States: Pyorided, That moth
ns contained in this act shall be construed TO re-
vive or put in force any law or regulation which
may have existed prior TO the act OF March 9, 1920
either protecting, establishing prohibiting, or abo
shing slavery"
1t is this last proviso which, it is said, con-