Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-06-15


ON the ground that the Clayton amendment
was omitted, it was passed, the Southern
Senators generally voting against the restora'
ton Of the Clayton amendment and all OF
them who were present except Bell and Clay
ton, voting for the Bill.
The Administration papers say, that SINH
lar proviso is incorporated in the acts estap-
fishing Territorial Governments in Oregon and
Minnesota That is true; and this fact, to-
gether with the opposition Of the slavehoid'ng
members TO it, on the alleged ground that u
would allow aliens to vote In the Territories,
doubtless diverted the attention OF the oppo-
nents of the Bill from the ambiguity IN the
language of the Proviso. Their whole ener-
gies were expended 10 the struggle TO defeat
the amendment Of Mr.. Clayton, openly aimed
at the exclusion Of aliens
The truth it, under such Courts and such an
Administration as the President will provide
for the Territories, tho Proyiso as it stands may
be made to answer every purpose OF the Clay
ton amendment Eligibility to Office and sui
frage are occurred, FIRST, to citizens Of the United
States; secondly, to those who shall have de-
ciared, on OATH their intention TO become s'ifh
and shall haze taken an oath 10 support Inc Con-
siitmion of the United States and The provisions
Of tbs act.n This clause may be construed to
refer, either to tho oath to support the Constr
tuition. required IN the naturalization acts, after
fos years residence &C., or to an oath made IN
any court Of record, achenever the party mag
please, al any time before the act OF voting OF
accepting Office. If the former construction be
adopted by the Courts of the Territories, then
oil aliens arc excluded from voting or holding
Office, just as effectually as if the Clayton
amendment had been adopted If the latter
construction be adopted they can at once &C.
cure the privileges conferred by the 9Th and 2sd
sections. II the Courts and Administration, APP
pointed by the President, be hostile to free labor
institutions and foreigners, they will probably
adopt the former construction; if the reverse,
the latter construction. Was it this considera-
ton, conjoined with the conviction that the
Federal Executive, being under the control Of
the Slave Power, would constitute the Judiciary
and Administrative departments Of the Terri
tories 80 as to be in harmony with its purposes,
that reconcilcd the most ultra Southern MEM
Beers of the Senate to the omission of the Clay
ton amendment
They had forborne to insist upon any provi-
sion, expressly recognising Slavery in the Ter
ritories, or introducing it there, on the ground
that, according to their theory the Constltu-
ton the United States guaranteed the institn-
ton there as well as elsewhere; and they had
voted to empower tho Territorial Legislatures
to determine the laws and institutions of the
Territories subject 10 the Constitution Of the
United States, leaving this important limitation
to be decided by the judicial authority. They
knew ho,o the Courts aoould be constituted, and
therefore did not hesitate to commit this ques-
ton, vitality affecting the interests of Slavery,
to their decision. Opening their eyes to the
fact, that the original Proviso, in tho 5th and
23d sections admitted of construction which
would give it tho effect of Clayton's amend
mont, need We be surprised that they ceased
to insist upon that amendment, and that they
were willing to intrust their interests in the
premises to the same appointecs Of the Pres-
dent, whom they relied upon to secure free
course to Slavery in the Territories
From this view, it is clear, that the Question
Of Liberty, and the Question of the Rights Of
Aliens in the Territories, are both in the last
resort left to the action of ministerial officers,
and the decision Ct Courts, appointed by the
President, by and NTH the advace and consent
of the SLAVE PoiDer
IL will not do to tell us that this Proviso is
but copy of a similar Proviso in the Oregon
and Minnesota Territorial Bills. Those Bills
were not concocted for political purposes--not
intended to establish principle favorable TO
the expansion Of Slavery. They were honestly
framed, one Of them expressly consecrating
Oregon as free Territory, forever exempt from
Slavery, tho other, organizing Minnesota, al
ready exempted from Slavery by the Missouri
Compromise of 1920. Both then being free
Territories by law, the Slave Power was ex-
cluded from all mischief making within their
borders, and its supporters had nothing to gain
by instigating any policy hostile to aliens. OF
course there was no danger that the sinister
construction we have referred to, would ever
be put upon the Proviso in regard to the voters
in those Territories. But, here is Bill, pre-.
eminently Pro-Slavery measure, providing
for breaking down, instead Of erecting an ordi-
nance against Slavery, clearly intended to al.
low that system to obtain foothold in Nebras-
'ka and Kansas; the proceedings in support Of
which, from its inception to its contamination,
are marked by attempts ut surprise, contempt
Of tho will of the People, double dealing, and a
reckless Disregard Of tho rules Of Congress.
To secure their objects moro certainly, the
shareholders, at first insist upon an express
Legislative provision for excluding the alien vote;
but, finding this may endanger the whole Bill,
they forbcar, trusting 10 the pro--lavery con-
struction that pro-savcry Courts may give to
tbia co, To- sodlv am Ououa proviso