The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-23

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words used are that slavery or involuntary seryitude
shall be forever prohibited" The attempt TO escape from
the exposure OF It's gross unconstutionaty by pretend
ing now that II applied only Territories and not 10
States 20 be formed there hereafter is so desperate that
the honorable senator did venture to rely on IT, or
even 70 set up as petext in his speech defence Of
the section Any man OF his peculiar creed would consider
the section beref of It's importance abolition law of
Congress if il applied and in force only during the
few years Of territorial government in those regions did
not prohibit the States be formed there from establishing
slavery within their limits Will he say that all he
wishes the effect of retaining this section on tho statute
book is 10 keep slavery Of the Territories, and admit
it in the Statesi Not he! His explanation of the
section was that by the country ceded by France north
OF 80 deg. 80 min dedicated freedom forever The
States we hope will endure forever; but the territorial
governments To be organized there last but very
few years before they will be converted into States Il is
not tse territorial organization contemplated ny the section
which has created such violent in the southern
mind is the attempt to restrain the people OF the States
from regulating their domestic institutions MS they
please when forming their State governments and even
after that period for all tme that ranes in the bosoms Of
men in the savehodng States, and will continue tester
like poisoned there until this section s repealed.
The joint resolution for annexng Texas to the Union
contains similar provison profcssedy extending the
Missouri ine Of SO deg 80 min through Northern Texas
ana language Of shows how Congress then understood
it, That language is:
And in such State or States as may be formed out
Of said Territory (of Texas) north Of IS deg 80 min.
north latitude, commonly known the MissourC ompro-
mise line slavery orinvounary sevtude Except for crmes
shall be prohibited"
Congress understood the prohibition otherwise than
as applying to the States well to the territorial gov
This the constitutional objection it in
1890 and has been renewed often it became tho sub
ect OF consideration in Congress- Its advocates will
agree repeal far relates the States and yet
be not repealed period before the States in this
region shall present themselves for admission into the Union
this government will be shaken to it's foundations Here
toore while the Territories remained unpeeplcd and without
government the line has excited less feeling, because
was imperative But when the period for forming State
here shall arrive shall have all the horrors
Of the agitation of 1920 with increased fdryno the facti
tious of politicians such for personal and
party purposes, got up in 1850 in opposition to rational
plan Of nornterventon; not the political storm raised by
rival and defeated presidential candidates to brea down and
cmbarrass the administration Of successful compo0r for
the Chief Magisracy but tornado which, State should
be refused admission Missouri for tne may bury
this confederation in ruins. Sir cannot dare not shun the
question when presented now, though could have wished
this cup have passed from till the period for properly
organizing these territorial governments should have arrived
1t is now upon me- and tmdity shall prevent me from
endeavoring give public sentiment the right direction,
prevent the mischief the ruin which may ense from
false view Of the principles of the constitution.
Let us look to the arguments Of those distinguished
statesmen of Delaware mentioned by the senator from Mas
sachuses, whose votes he thinks should bind me- Mr.
Vandyke Of the leaders of the southern phaanx in
opposition TO the amendment proposed in 1920 to the bill
for the admission of Missouri the object Of which amend
ment was to prohibit slavery IN her limits AS early - the
2sth of January $780, he delivered speech in the Senate
against it, On the 29th Of April afterwards Mr. McLanc
in the other house. delivered another speech against the
Their arguments conclusive on this
whole question, that il is enough for me to refer TO them
Mr.. Vandyke, of Delaware addressed the Senate a.
follows:
"Surely sir power to prohibit freemen from renewing
from State another with their families and property
ought depend abstruse reasoning uncertain in
ference be raised by implication in written constitu
ton What is it but power to a State prison of
sevehodng State ncarcerae the citizens of tho southern
States with their black population, reduce them the
runous alternative of abandoning their lands, as the only
of escaping from state Of eonfncu ent the most
ocious that be magnedi Think you, sir that such
the intention of those who signed that instrument and
recommended it to their fellow czens' Think YOU sir
that the people of the southern States in adopting the con-
sdtuon meant TO delegate such power TO Congress II
would be waste of time to upon the question: Sir
10 at that such could be the intention Of the parties
verified if the rsTaso nv bc distorted and per-
be made the besis which to raise this colossal power
Should such construction prevail, lamentabiy ehort m
decd fear viii be the duration of this boosted palladium
of American liberty.
"other honorable gentlemen imagine they can hnd
warrun, imposing this restriction the third section OF
the fourth article Congress shall have power TO dispose
Of and make all necdfu rules and regulations respecting
the territory other properly of the United States La
answering this preenson, is not necessary to deny to
Congress all the there expressed over the territory Oh
the United States and if Congress- were now engaged IN
making rules and regulations respecting such territory thus
clause would support the claim Of power But SIR so far
from legsstng dispose Of make regulations respect
ing territory the bill on your table provides Tor
ing the territorial government the people of Missouri
the dignity of sefgovernmcnt, empowers them to form
constitutions the character Of an independent
State and such take equal rank with the other States
Of the Union Such bill is directly opposed to the last
reoed clause and therefore, that clause give no color
to the exercise Of power designed to operate not on the
Territory but the State at and from tho moment OF Jus
birth.
IL has been further insisted Mr. President that the pro-
vision that States may be admitted by the Congress
into this Unon Congress with Discretionary power
admit refuse and therefore, that Congress may pre-
scribe terms conditions Of admission Sir the premises
may be true conclusion may be false. IL not denied
thai the word may its ordinary sense mparts dscre-
ton to act notS but in this clause ii give no power
beyond the Of the will to admit or refuse sdmn-
sion and cannot by fair reasonable construction, confer
power impose which impair the sovereignty OF inc
State TO be admitted In the exercise of power derived
from political compact created by law, IN the use OF
which others besides the actor have interest," Is the rule
of and that TO be exercised fary must DC
exercised cspcousy but with sound discreson always
regarding the just rights of those who arc Interested Inc
people OF Missouri having immediate interest in the OK
of this power claim admission under the guarantee
of solemn treaty Of ccssion, which provides that the IN
hsbnns Of the coded territory shall be incorporated nthc
Union of the United States and admitted soon m possible
according the principles Of the federal constitution 10 n
enjoyment Of all the rights advantages ana immunues OF
of the United States Under this treaty, par OF INC
cedcd territory has been admitted AZ State without sscn
restriction attempted to be imposed on missouri
and far treaty has been expoundcd aad executed IN
good faith This treaty, solcmny ratified appeals 70 the
honor and Justice Of the nation for ithul execution AZ
oon as possible The United States stands in the character
of trustee the people OF the coded territory end when
ever they capacity accspt surrender of the trust
the surrender should be promptly made and the estnte
delivered up unnpaired unfettcred by conditions and
restrictions contemplated in the deed by which the trust
created. If then, Missouri has attained tho COM
petent degree Of population and strength to ente her to
elfgovernment according the principles OF the federal