The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-21
CONGRESSIONAL.
SPEECH OF HON. ISAAC ToUCEY
OF cosEEoTleuT,


OF CONNECTICUT,
Kansas delivered in the unied States Senate. March
O. 1854.
Mi ToUCEY said Mr.. President. it was not my inten-
ton participated in any agitation Of he subject OF African
slavery II has no, been brought here by any agency ot
mne nor OF those whom IN part represent, OF that
section OF the country in which reside have, sir on
all occasions and all times, endeavored to repress this
agitation foreign 10 the purposes OF this government
an unwanantable interference IN the internal affairs OF
independent communities injurious to the race proposed
10 be benefited by il, and deadly hostile to the peace
and harmony OF the country, and the perpeuty OF the
federal Union still adhere 10 my former opinions, and
nv former course But find the subject here and am
called upon by my vote upon this Kansas Nebraska bill
TO pass upon that clause IN he aci Of Congress prepara
tory the admission OF Missouri into the Union which
puports prohibit slavery FOREVER north Of the para
lei of SO deg 80 min north latitude, and by necessary
implication, sanction il south OF that line The friends
OF The bill insist that this restriction contains assump
lion OF unconstitutional power that the disposal OF the
whole subject belongs OF right To the people OF the Fer
nory when properly IN tue exercise OF legislative power
lis opponents, that the subject belongs TO Congress, and
that the representatives OF remote States and OF remote
people may interfere and settle 1t Tor them
This, sir, the question al Issue not, as implied IN
the speeches of soe whether all men free and equal
whether African slavery shall exist nor whether any
one now involved IN il shall be liberty. whether
any human being now Tree from II shall be reduced TO
that condition Nor, sir, is the question whether any
portion Of the slave population now existing IN the conn-
Try shall be removed from The States in which they live to
more extensive and fertile regions where their condition
might be improved and where their emancipation Bsh be
practicable II is neither one nor any OF these questions
And YET, il any stranger sitting here listening = The
debate side from day 10 day, he would suppose
that these were questions under consideration mo, sr
they do belong to the present occasion but the ques
ton is that which have already stated II TO bewhelher
the restriction in the oil 1920 contains within il an as
sumpoa Of unconstitutional power; whether Congress
should interfere and exercise ibis power OF settling
question OF municipal law, which belongs exclusively 10
the States within Their limits; or on the other hand,
whether the people OF the Territory, and of the States 10
haf form be eft
men OF the rights OF American cilizens-tha OF
governing themselves, and OF regulating their own iner.
nal affairs according 10 their own views OF lust aud
sound policy, subject only to the constitution OF The United
States.
propose to address myself 10 the question before US,
and state il that il may be clearly understood and
not Inexperienced will read the clause which gives
rise to it challenge attention 10 the clear and unequv
ocal language ia which Is expressed will DO the
chairman OF the committee Mr. DoUGLAsl the justice TO
say that the amendments which have been introduced
designed to change the principle or the policy oil
the measure, but Illustrate cav, and 10 leave
10 doubt. will read the section Of the bill:
"Sgo =. That the constitution and all laws OF Uni
ted States Which not locally napplIesbe snail have the
elsewhere in the United States, except the eighth
don Ct The act preparatory 10 The admission oi MissonI
pnocpIe Of pon.nervenon by Congress with slavery in
the States and Territories, recognised by the legislation
Of 1850 comm only called The 'conpromise measures is
hereby decar, imperative sud void il being the
tent aud nrenng OF this act no. 10 egsate slavery into
any Terilory OF Stae nos 10 exouae but
leave the people perfectly free TO form spd regulate
their domestic institutions IN their own way, sabeet only
the constitution Of United States Pou,atd. That
nothing heuln conianed sha be construed revive put
in force any law regulation which may have existed
prior The otbe gu OF March, 1890 either projecting
establishing, pohbitlng, or aboli,hiDg slavery
Thsproviso, In my judgment, was entirely unnecessa-
ry; and yet have gwen II my suppor because II Ten-
defs perfectly Clear and ceiialni y renders assurance
douby that by any vote We are 10 give we are mol
about establish slavery IN these Territories but TO
leave them w,hou, any law Tor its support unles indeed
be supported ~ toe constitution o the United States,
~ q bay ~ 10
The clause declares;
lst That the Missouri restriction shall be imperative
and void
2d rta, the bill shall not have the effect of legsating
slavery into any State Territory, nor out OF H.
81. That shall not revive old SPANISH or French
laws which established or protected slavery
ah That the people shall be iet perfectly ree 10 Torn
and Their dun site Institutions "a their oan way
sublec onI, 10 the constitution o The United States
ii the Missouri restriction was an assumption oil un
Constitutional power, or ~ II was Inconsistent with tht
principle Of recognised IN the cOmpro
mise measures oil 1885, which recently received 10,
most decisive sanction OF the American people, then, ir
the organization OF new Territories by the action o. Con
gress, ought 10 be dstegafded ana declared nopera
tive be declared inopefauve, aud these iernldts
are lett assuredly fhey will b., without any law OF
the subject OF slavery except he supreme law OF The con
stituton, Two questions will arise.
1st Hheiber slavery ~ the mere creature OF municipal
law, which cannot live outside OF the State whose laws
uphold NJ ID Whether the constitution OF the Unree
Saies by ls own Intrinsic efficacy. viii cary slavery
inlo The Territories aud uphold II there One ls the
preponde aing opinion OF the North he other oi the
south Both involve mere judicial questions, and the
bill provides for the transfer O them 90 the courts o Jus
tce, and hsay, n the last resort, 70 that tribunal
which The constitution has established ior the atJudca
tiou OF all questions oi this kind. And the honorable
senator from Delswatt, who addressed The Seuse yes
terday, Mt CLAYros will have the principle presented
10 him to-day which advocated BY bm, and incorpO
rated ia the bal reported by bin Yeas aeo. BY which
these grave questions submitted, they ought
be, 10 that exalted constitutional tribunal.
Whatever may be the decision ot The courts upor
these questions, the practical result OF noG-nttryenol
by Congress will follow, as matter o course " !
should be decided that the constitution, By It's oHn ~
trins,c efficacy, will carry slavery no the Territories sn
maiDian it ihSie then every knows that any laV
Congress III the territorial legislatures, nerdctng y
would be unconstitutional and void becanse neither th
one lbe Other can repeal the necessary effect oi M
consii uliOn II, The other hand II shall be decided
that the luton has no such effect, but that saytTl
is the creature Of municipal law which cannot b.
maintained outside Of toe State whose laws support v,
follows, NECESSARILY that it exist be maiataiueC
10 these ieIriofes and that every slave carried ther
viii OF be free unless The people oI the feffto
Ties, OF the States TO be formed therein, shall fl Il
admit and establish IL BY the aeon ot their respec,iy
legislatures and thus 10 exercise the power whcf
belongs the people OF State reserved 10 theu
by the express provision OF the Constitution itself
III the bill passed in its present form, you will pur
the policy oi Bon-inervention, which, will under
take 10 show, The policy OF the government from h
adoption OF the constitution down 10 the Missouri re
the election that followed received tie sanction OF tween
yseven States, and Of ovefpowerng majority OF tn
American people; and which. trust, il the settled con
sfitulions policy Of the goyeTniAent.
come 10 the first questionable constitutional powe
of Congress 20 pass The Missouri esrconand wheth