Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-03-22

bin TO organize the Territories OF Nebraska and
kansas
Mr.. BROWN said:
Mr.. PRESIDENT: 1t has been my determine
ton, from the beginning of this discussion, not
to participate in it to any considerable extent !;
and am not now about to depart from that
determination. ] will occupy the floor bnt
few minutes; and senators who desire to speak
may be assured that they will have an oppor-
tunity Of doing SO this evening, if they choose
There are one or two points in The bill on
which will present myviews briefly; and there
are two or three topics involved incidentallyin
the debate TO which will address a remark or
two. and then shall have done.
The bill proposes to annul. or, in stronger
phrase TO repeal the Missouri compromise;
and to this extent it meets my cordial approba-
ton.
am not the advocate Of this repeal because
OF ans confident expectation that slavery is
ever 10 find resting place in these Terrific
ries. SLAYER; may or may not 70 there. The
inclination Of my mnd is that it never will.
b.. this is 4 topic not to be discussed here,
ard therefore l pass it by without further re-
mark.
The Missouri compromise onght to be an
nulIei or repealed. because it has been from
the beginning without authority under the Con.
g, luioa has stood upon the statute-book, a
blot upon its Justice, and mockery Of the
Constitution which it violates.
All The arguments against the constitution
ahty ct the Wimot proviso stand with equal
force against the constitutionality of the Mis-
souri, compromise. 1t is needless for me to
argue that, If Congress had no power under
The Constitution to exclude slavery from the
Territories acquired from Mexico, it had none
to exclude it from those acquired from France;
or, 10 state the proposition little different, il
Congress has no power TO establish an arbi.
trary line and assert its constitutional power
over slavery or one side Of it, it has none to es.
tablish it and assert its power on the other
side. '.... .'m.. ...@ h.
It Congress had the power in 1920 to ex-
clude slavery from all the territory north of
36' BOZ, it had the same power in 1850 to ex-
clude it from all the territory south Of that
line. And per contra, if it did not have the
power 10 exclude it south of the line in 1850,
then j did not have the power in 1920 to ex.
cluae it north OF: the line. ~.&
The venerable senator from Michigan mr..
CAssl deserves great credit for his mastery
efforts to correct a widespread and at the
north, almost universal error on this point.
Thousands know there are who date their
CONVICTIONS on :h;7 subject from the delivery
Of The great speech Of that senator. in which
hereviewed with SO much power The arguments
TO sustain the proviso. ! do the senator no
more than Justice, when | say his arguments
have never been answered; like fine gold.
they have grown brighter as they have been
rubbed.
As y friend of,he Constitution. thank the
senator for his efforts in this behalf He proved
the nncnnsIitationaty Of the pyoYisu; and, in
doing rirat, he established beyond dispute the
~ ID
mise. For, ! repeat, Congress had no more
power to exclude slavery north Of $50 3O> in
1920 than it had to exclude it south of that
in 1850. .n.s -.
But it has been said that the Missouri COM
promise is a contract. The eloquent senator
from Massachusetts used the stronger term
he called it compact, and on this ground
he and others have undertaken to defend it.
1t was neither the one thing nor the other II
was not contract. 44or was it a compact. II
it was a contract, who were the parties to it?
To make valid contract. there must be par.
ties able to contract, willing to contract, and
they must actually have contracted. | must
20 further, and say there must be something
given on one side, and Something received on
the other In all, IN every one Of these essen
ta!s the transaction before Us is deficient
should undertake to maintain by irretragable
prooi, il had engaged TO discuss this question
thoroughly iirst, that there were 10 contract.
ing parties second, that at least one Of those
whom you claim as a party had no will to con-
tract, aud did not contract; and. third that no
CONSIDERATION passed from one party to the
other, whereby the contract if made. was rer-
dered binding.
Shall 1t be contended, further that Missouri
was party to this pretended contract? 1t has
already been said Missouri was admitted into
the Union as a slave State, on condition that
slavery should be forever prohibited north Of
3j0 30/; and the, senator from Massachusetts
Mr. SUMNER declared with great bitterness:
that the SOUTH with the consideration in her
pocket, now comes forward 10 repudate the
contract. Sir, had not Missouri the right. the
constitutional right to come into the Union
with or without slavery as she, in her own
written constitution, should prescribe? have
thought that even rampant fanatcism did not
deny this Then how could YOU, in deroga-
ton Of her rights under the Constitution, de-
nand Of Missouri q price for her admission
into the Mon?
But, sir, allowing that Missouri undertook 10
buy her way into the Unon-an admission that
can onty made for the sake Of the argument
and that for this purpose she barcaned for
tho exclusion Of slavery in perpe;uity from all
territory north Of 3b' go; what does it amount
toI Nothing; absolutely nothing Missouri
haa l9rlsatct!on within her limits, and not one
inch beyond. She had NJ right 10 buy an nd.
vantage or privilege for herself By surrender
ing that whlcu did not belong to her As we'll
might The tenant or rightful owner Of q house
bargain with 81 ro6ber that if he wopld let him
alone he might plumber his ueghbors with i'm.
purity. lfhe bought his own peace, well: bp,
certainly he could impose no obligation on his
neighbor to submit to the plundering.
live put this transaction on the basis of con.
trac, between the north and the south. il is no,
more capable of defence. Here you have &c
create parties, ideal parties, before you com
mence the bargain. TO say this is a contrac
between the north and the south, is to set up il
the imagination things that do not exist in fact
There is no separate north, no separate south
has not BEEN and hope never will be. W,
arc but one, and it takes two to make con
tract. If we had northern Union and ,
snniherr NJ rar the t,r1a LIZ 100000. p.