Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-02-04

| gsation of this country
| Mr. CHASE call the Senator to order
The PRESIDENT. The Senator from Illinois is Ger
| tainly out Of order.
Mr.. nOUGLAs Then win only say that shall con
spe rysef to this document and prove its statements
be false by legislation Of the country Certainly tina
is in order
| Mr. CHASE. You cannot do it.
Il MIR DOUGLAS The argument of this manifesto il
predicated upon the assumption that the policy of the
fathers of republic to prohibit slavery in oil the
territory coded by the old States the Union and made
United States territory for the purpose Of being organ
lied into States take issue upon that statement
Such the practice in the early history of the Gov
eminent 1t is that in the territory northwest OF
the Ohio river slavery prohibited by the ordinance OF
1879 but it also that in the territory south OF
the Ohio river wit, the Territory Of Tennessee, sa-
very permitted and protected; and 1t is also true
that in the organization of the Territory Of Mississippi
in 1898, the provisions Of the ordinance of 1877 were
applied to it, with the exception of the sixth article which
prohibited slavery Then, sir you find upon the statute
books under Washington and the early Presidents
visions of law showing that in the Southwestern Terri
tories the right to hold slaves was clearly implied or
recognised while in the Northwest Territories it pro-
hibed The only conclusion that be fairly and ho-
nesty drawn from that legislation is that was the po-
Icy of the fathers of the republic to prescribe line OF
demarkation between free Territories anu sayenoidng
Territories by natural geographical line, being sure
make that line correspond near as might be- to the
laws of climate Of production and probably OF all those
causes would control the institution and make
it either desirable undesirable to the people nh&bng
1 the respective Territories. t @...
Sir wish youto bear in mind too, that this geogra-
phca line established by the founders of the republic
between free Territories and slave Territories extended
as westward territory then reached the object
being avoid all agitation upon the slavery question by
settling that question forever so far as our territory
| tended which was then to the Mississippi river.
i When in 1903 we acquired from France the territory
known as Louisiana it became necessary to legslae for
the protection of the inhabitants residing therein twill
be seen by looking into the bill establishing the Terrific
rial Government 1906 the territory Of New Orleans
embracing the country now known MS the State OF
Louisiana that the ordinance of 1887 expressly
tended to that territory, excepting the sixth Section
which prohibited slavery Then that implied that the
territory Of New Orleans to be sayeholdng terri
tory by making that exception in the law But sir when
they form what then called the Territory OF
Louisiana, subsequently known the Territory of Mis-
souri, north of the thrtythrd parallel they used diff
feren language They did not extend the ordinance of
1887 it at ALL They first provided that it should be
by laws made by the governor and the judges
and when in 1872 Congress gave that Territory,
der the of the Territory of Missouri Territorial
Government, the people allowed to do as they pleas
ed upon the subject Of slavery subject only to the mita
tons of the Constitution of the United States Now
what the inference from that legislation That slavery
was by implication, recognised south of the thirtythird
parallel and north of that the people left to exer
else their judgment and do they pleased upon the
subject without any implication for against the exist
| ence of the institution. ".,..
This continued to be the condition of the country in the
Missouri Territory up 1920 when the celebrated
which is called the Missouri compromise act
passed. Slavery did not exist in, it excluded
from, the country now known as Nebraska There was
code of laws upon the subject of slavery either way
First for the that slavery had been intro
duccd into Louisiana and established by positive enact
ment. 1t had grown up there by sort of common law,
and been supported and protected When common law
grows up when institution becomes established under
usage carries it so far that usage actually goes and
no further fit had been established by direct enactment
it might have carried it far the political jurisdiction
extended but be that as it may, by the act of 1872
creating the Territory of Missouri that Territory al
lowed to egsate upon the subject of slavery it
proper, subject only to the limitations which have
ed and the country not inhabited thrown open
Element set apart Indian country and rendered
subject Indian laws Hence the local legislation of the
State Of Missouri did reach into that Indian country
but excluded from it by the Indian code and Indian
laws. The municipal regulations of Missouri could
20 there until the Indian title had been extnguished and
the country thrown open to settlement Such being the
case the only legislation in existence in Nebraska Terri
tory at the time that the Missouri act passed. viz the 9th
of March, 1920 provision in effect that the people
should be allowed to do they pleased upon the subject
Of slavery ~. ..s'.
The Territory Of Missouri having been left in that
legal condition. positive opposition made to the bill
organize State government, with to Its admls
sion into the Union and Senator from my State, Mr.
Jesse B. Thomas, introduced amendment, known
the eighth section of the BILL in which it provided
that slavery should be prohibited north of $50 30 north
latitude in all that country which had acquired from
France What the object of the enactment Of that
eighth section Was it not to 60 back to the original
policy of prescribing boundaries to the limitation Of free
institutions and of slave institutions by geographical
line order to avoid all controversy in Congress upon
the subject? Hence they extended that geographical
line through all the territory purchased from France
which as far possessions then reached. 1t
not simply to settle the question that piece of
country but it to carry out great principle by
tending that dividing line far west territory
went, and running it onward each acquisition of
territory. True the express enactment Of the eighth
section of the Missouri act called the Missouri
promise act only covered the territory acquired from
France but the principles Of the act the objects of its
adoption, the N its support required that it
should be extended indefinitely westward, far
territory might 60, whenever purchases should be
made.
Thus stood the question up 1885, when the joint
solution for the annexation of Texas passed There
inserted in that provision suggested in the first in
and brought before the House Of Representatives
by myself extending the Missouri compromise line inde
fnitey westward through the territory of Texas. Why
did bring forward that proposition? Why did the Con-
gress of the United States adopt Not because it
of the least practical Importance far the question
of slavery within the limits of Texas concerned for
dreamed that it had any practical effect
there. Then why was it brought forward? 1t for
the purpose of preserving the principle in order that it
might be extended still further westward, even the
Pacific ocean, whenever should acquire the country
that far. will here read that clause in the joint
luton for the annexation Of Texas. 1t is the third
ticle, second section, and is in these words:
New States, of convenient size, exceeding four in
number in addition to said State of Texas having sufficient
population hereafter by the Of said State be
formed of the territory thereof which shall be entitled to
admission under the provisions Of the Federal Constitution
And such States be formed Of that portion Of said
territory lying south Of $50 30 north latitude, commonly
known the Missouri compromise line shall be admitted into
the Union with wthouavery the people each State
4 asking admission desire and