Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-03-25

included and the proyiso ITSELF In court OF Jusuce
would give different character Now what is tn
provision of the bin and the proyiso? The proviso doe
not at all change the character Interpretation of tn
provision of the original bill and in my opinion, If W
had simply conferred upon the Territorial Government
the power to legsate upon oil matters Of rghu legsa
ton it would be- before court of justice bill hayn:
exactly the same operation.
Now sir take that bill with all its provisions and il
there reasonable mani will not appeal gentlemen
lawyers merely who may be supposed to have tech
nca popularity OF reasonngbut is there reasonable
man who has read the bill who will say that by its prov
sons it intended to revive the French and Spanish laws
upon the subject of slavery? 1t neither intended
vive by it's provisions could revive either the Span
sh or the French law. would say, sir that by desue
tude those laws have gone out of existence but attach
no importance TO the Missouri compromise than
this while shy the Missouri compromise is repealable
and controlable by any other act of Congress- not
going say that there not powers under the Missouri
compromise which, having been executed, are not well
and properly executed The States which have been form
ed and the Territorial Governments which have been
ganized under its implied and acquesced authority
good executions under it. And sir, suppose that from
1903 until this time court legal tribunal lawyer
has adverted to it, evoked in any way the Spanish
or Frenchla in these Territories do not say those
laws repealed by the Missouri compromise express
y; but if custom grew up under the Missouri compro-
mise under which the laws Of the Territory admins
tered the former dead letter.
The bill which has passed the Senate by its own pro-
visions independently of the proviso Of my honorable
friend from North Carolina excludes the very idea OF
vivng any old law that it stands nothing than
this An act comforting upon the Territorial Legislature
all rightfu powers of legislation over every subject
slavery included That is all the power which it coners
In this respect allow to say in this connexon it is
better bill than the compromise known the Clayton
compromise of lS46 in which my late distinguished COL
league Mr. CALHOUN acquieseed. What that COM
promise? wish to bring that issue to compare
the two and let them stand upon the principle.
During the time when that bill under consideration
by the committee of eight of which Mr.. Calhoun
member, was frequently consulted, and will not give
the opinions Of any body else The predicate Of Northern
men was that whatever compromise should be entered
into the Mexican law should not be repealed by the act
expressly or otherwise and what more, remember
It was said We will not confer upon the Ter
ritoria Government the power to repeal that existing
Mexican law which excludes slavery The Northern
men said very properly Here is Southern Presidents
you propose to put into operation under
MS auspices and directions will he appoint governor
md judges viii he not put into operation government
hat may repeal that Mexican law and thus introduas
slavery into the Territories %
know what Mr. Calhoun's views were and know
What were the views Of Of his distinguished legal
advisers Sir, Mr.. Calhoun's view was that as common
territory, belonging to all the States as equals and held
Congress trustee to administer it for them the Con-
'tution Of the United States proro ogors extended
the Territories whether carried it there express
y or not; and that it had not only controlling, but
repeating operation upon the laws Of the conquered ooun
try. appeal to my friend from Delaware (Mr. CLAY
roN) if am not right in this I? r. y
linen tIat OIL, Win even the Mexican law, then exist
ing, shaped that willing abide by the
decisions of the courts. Sir will here state what have
said before In the councils which had upon the
subject | said that whatever might be Mr.. Cahoun's
opinions upon these subectsand coicurred with him
It was hazardous experiment to leave the courts so
important question. / recoect his reply well. He
said:
lt win give rise TO tho greatest dehnte that has ever been
conducted in America let that issue be made before the fed
eru courts of this Union and there has been such
debate viii then arise the American mind has
been engaged in such debate will take place upon that
ISSUE" ..' ...s -
He added: ....
"I sir it is decided that the common territory won by
the blood and Of the South as well
the North shall be appropriated class in preference
another the the South know their fate tia better
and then let them look out either acquesoe take the
position which free people have right take when they
think their rights have been invaded
Those were his views ...:. y -
Now, this bill is infinitely better than that because
we use this bill as sponge to wipe out the Missouri line
As long the Missouri line remains, it is q certainty
that Southern men will not carry their slaves the
line There is that certainty before you if you draw the
line and let it exist But say to Southern gentlemen
who pryng into this matter with something like legal
subtety and letting the great question of Southern
rights will not say Southern rights, but the
rights of the country-rest upon mere apex 5 mere
point of law those who looking about endeavoring
to find flaw here and there with view, in
sure to dssatsy the South let them take this aterna
tive which now present. Let any Southern take
provisions and certain legal import by which the South
Shareholders may bavei do not say by which they
,cH have but by which they may haye-a potential ca
paeiy to enjoy the territory Of the country or
viii you reject tho bill upon your responsibility pub
lie man. and hug the Missouri compromise and keep that
odous geographical line in force Under it is
tain We can have no rights; under the other may
have some. ..-e ~.
Now, Mr. President is it not something for Southern
fight for his border If Missouri is to be ex-
posed the invasion Of Northern fanatcism there any
thing wrong in her Southern sisters coming her
do not say that would wish Missouri to carry slavery
over into Nebraska Kansas. We wish such thing
But when the certainty is before that if that line con-
tnucs aud the Of agitation poured upon
Missouri may be swept from the map Of Southern States
is not something for Southern the
of that border sister of ours do not say that will be
the fact; but very mach inclined to think that the
operation Of this BILL il it shall become law will be
such that the Territorial viii pass
upon the subject of slavery, way or the other.
think 1t will continue to be neutral territoryneither
slavery pouring into it, freesohsm and anatcsm
rolling their waves upon Missouri l am inclined to
think it will retain its true position, if it maintains any
thng like discreton-the position OF neurGlitybeing
neither one way the other am satisfied that TIE
territorial Legislature, after have sponged out this
line, will not pass any law upon the subject Do you
suppose that any Territorial Legislature will pass law
to exclude expressly to admit slavery? ItWould be
suicidal act on the part Of the Legislature and they
not going to commit such act of folly. No, sir they
wil leave 1t to be settled by American citizens, without
regard to whether they do not slaves. That
will be the operation of the BILL in my opinion and say
that to my Southern friends and to my Southern
crates who are disposed to with upon this subject
Now, sir, is there something due from the South
Ought they not cordially to give up much order
in the deliberate ju1gmen, of portion Of our North
western and Northern friends who have forward,
amidst perils among which We have never trod to do
justice! Sir, would 90 very far to stand by them.
will be the last to desert them. will stand by them be.
| r.r I he