The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-11

| stItuton OF the United States
For myself sir have regarded mere act OF Con-
gross, made for special occasions to meet particular ext
seney as having the binding obligation which some gentle
claim for the act of 1920 Acts of general legislation
cannot thus be construed. Aes Of general legislation may
be repealed by the power which sanctioned them Com
pacs are Pealabe except by the consent OF the parties
| TO them.
But said that the circumstances under which THE act
passed. and the length OF time has been aequesced
IN invest with the sanenty of article ofthe constu-
uonnay, more sior the opponents Of its repeal declare
by Their opposition, that the article of the constitution with
which conflicts shall remain dead letter, whilst this
OF general legislation shall usurp IFS place And rights too
SIR have been claimed TO have been acquired under H.
| Rights MIR. Presidents rights grow up under
constitutional acts Quod do nito pa iraea npos
| non conpaecsL" Time gives no title 10 wrong.
Mr. President this doctrine of lime consecratng wrong
immoral and dangerous doctrine and It's being
sustained by this body see far danger TO the in
stutioDs of country than from the excitement which
may be produced by the repeal Of this unconstitutional pro-
/ vlse
Declare by your votes that an act of Congress super
sedes an article of the constitutions and you make that
srument object of and contempt. Divest that IL
srument of the sancy with which has been regarded by
The peopleas the tuwak of Their liberties, and their de-
fence against powerand the and the form Of the
Union may for awhile indeed, be preserved but the spirit
will have fed and after short period Of conclusive exist
ence, will be rent into fragments be converted gov
eminent in which the Congress of the United States like
the Parliament of Great Britain, win be irresponsible and
| omnipotent.
Mr. President the eighth section Of the act of 1920 with
any relation the State of Missouri, prohbs slavery
forever from oil that part Of the territory acquired by the
/
But the act with which the great of Henry Clay
has been identified has nothing whatever to do with this
sictive section Of the act of March 1920 generally, but
enormously, called the Missouri Compromise But The
or resolution of the subsequent year, introduced by Mr.
Clay, March g 1921, may be regarded compact:
the general act containing section of 1920
IL is Of the of compact that there should be
or parties to it. Was this in the act Of 1896 Z
Were there two parties 10 III By no sir. There
certainly not Ii w act of Congress, and not
accepted by Missouri therefore compact
| between Missouri and the United States.
But admitting, for the argument that il compact
with Missouri and that Missouri had accepted and rat
fed il, ask gentlemen how far the State of Missouri
could rghfuy conclude the rights of the people of the
United States and unsettled regions outside of the
geographical limits of Missouri and north of that parallel Of
forbidden ntitude'
But sir the acceptance of the resolution providing for
the admission of Missouri into the Union
dition," offered by Mr.. Clay and approved the Cd of
March, 1921 did in my judgment, constitute compact
between the United States and the State Of Missourso
far the State of Missouri concerned, and further
and it was this:
Resolution providing for the admission Of Missouri into
| the Union on certain condition
Resolved BY the Senate and Home Of Representatives Of the
United States Of 3me'ica IN Congress assembled That Missouri
shall be admitted into the Union equal footing with
the original States in all respects whatever upon the fun
dame tai condition that the fourth clause of the twenysxth
section of the third article of the constitution, submitted
the part of the said Sae Congress- shall be
srued authorize the passage of any law and that law
shall be passed conformity thereto by which any
of either of the States in this Union shall be excluded from
! the enjoyment of any of the privileges and mnunes
which such citizen entitled under the constitution of the
United States Provided That the egisla ure Of said
State by solemn public act shall declare the of the
said State the sad fundamental condition, and transmit
to the President United States before the fourth
Monday in November next authentic copy of the said
upon the receipt whereof the President by procama-
uon shall announce The fact whereupon, and without any
further proceeding the part of Congress- the admission
of the said State into this Union shall be considered
pletc
| Speaker Of the House of Repre- sentatyes
JOHN GAILLARD,
! Speaker of the Senate pro empors
Approved March 2, 1891. JAMES MONROE.
And this fourth clause Of the twenty section of
third arce of the constitution Of the State of Missouri
thorzed the Legislature law prohibiting the immi-
grafton of free negroes This Congress refused sanctions
and the resolution of Mr. Clay offered and adopted in
Congress- submitted in due form the people of Missouri
and acctded 10 by them. This, then, compact be-
tween the United States on the one part and the State Of
Missouri the oher--and for whatito prohibit slavery
forever north of SO deg 80 min. north lattudei No. sir
No such stipulation or provision can be there found Ii
provides simply that the clause which have referred in
the constitution Of Missouri shall be construed
authorize the passage Of any law and that law shall be
passed in conformity thereto, by which any citizen OF either
of the States of this Union shall be excluded from the enjoy
ment of any of the privileges and mmunies which such
citizen entitled under the constitution Of the United
And this, Mr.. President, is Mr.. Gays COMPROMISED The
socaled Missouri Compromise solemn compact as IL is
now eaedwas Of general legislation, accepted
by Missouri which concerned and therefore could not in
law OF in common sense be called compact
But sir the object Of the Of 1920 satisfy
a temporary exigency IL adopted with direct refer.
ence The presidential of that day II answered
its purpose then 1t terminated in sectional controversy
which threatened the peace of the country and the stability
Of the Union THIS motives which inuuced that act
Justify its repeal. The repeal will accomplish what
that act vainy attempted IL will forever put end to all
controversy the subject Of slavery. BY that repeal
Congress dycsts itself forever Of all right with
reference to that subject.
4 And ar the repeal Of this Objectionable act unconstitu
tional is aud conflicting il does with the coppro
mise Of 1850 while 1t will make uniformity
consistency congressional legislation, every way
30 desirable while il wall relieve portion Of fellow
citizens from condition Of inequality Of rights, Of
which has chsfcd and CALLED them almost into resistance
will have practical effect upon the Territories OF Kansas
| and Nebraska.
Il has been well and truly snd by the distinguished
ator from Massachusetts Mr EyrRETr that 'thero
no great material interest in H. IL is not supposed (says
he) that even the Territory Of Kansas is become
holding region The climate, the soil, the staple produo-
tons such to invite the planter from the neigh
boring Sntep, who is disposed TO remove, away
in Kansas or Nebraska. few domestic servants may
be taken thero-a few n aborersbu in The long run,
everybody sure, admits that Kansas is not to be a
slavehodng region and not, certainly not the territory
| north it,
respect much any senator every act Of Congress
as an act ii it be constitutional and will give my support
But If time and circumstances, the welfare and necessities
Of people, and the spirit Of the age should render
sury a modification repeal Of any act Of general legs-
auon were il old the Oecnlogue, would hesitate
repeal IT, Time, SIR cannot oonsecrae injustice, JUS
| ufy is perpetuation.
| Mr. President for the which have given and
erdeavored compress into brief space na possible,
shall deliver my for the bill II is now presented to
b - II 10