Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1854-05-25
SPEECH OF E0N. THGNlS H BENTON,
0 n Z Ii E EBRAS BI,L
Delivered IN Tire House Of Representatives. on Tues
day, .4prH %, Io54
CONCLUDED
Ia5idious Character OF the Nebraska B;1I-su
Attempt to Smuggle Slavery into the
Ta,

| I25idious Character CT the Nebraska BiII-su
Attempt to sInuggle Slavery into the
Territory.
1t processes not to interfere with the
sovereign right of the people to legislate
for themselves, and the very Grst line of
this solemn profession throws upon them
a horse-load of law, which they have no
right to refuse, or time to read. or money
to purchase. or ability to understand =
1t throws upon them all the laws of the
United States which are not locally inap-
pllcable; and that comprehends all that
are not specially made for other places .
also, it gives them the constitution of the
United States, bat without the privilege
Of voting at Presidential or Congressional
elections, or Of making their own judiciary
This is Interference with vengeance
y community to be buried under a noun
tain of strange law, aud covered with .
constitution under which they are not to
have one single political right
Why this circUmiocution this exten-
sion Of mountain of irrelevant law. with
the exception Of the only one relevant
and applicable Sir, ii is the crooked.
insidious and pusillanimous way Of effect
ing the repeal Of the Missouri Compro-
mise line 1t includes all law for the
sake of leaving out one law and effects
repeal by an omission, and legislatcs by
an exception. 1t is new way of repeal
ing a law, and bungling attempt to
smuggle slavery into the territory, and all
the country out TO Canada line, and up
the Rocky Mountains The crooked line
OF this smuggling process is this " Abol-
ish the compromise line, and extend the
constitution over the countryside con
st;tution recognizes slavery, therefore
slavery IS established as soon as the line
is abolished and the constitution extend
ed and being put there by the coustitu-
ton, 1t cannot be le9islated out" This
IS the English of this smuggling process ;
and certainly nothing more unworthy of
legislation-more derogasory to a legisla-
tive body-was ever attemptod to be made
into law. Sir, the constitution was not
made for territories bat for states Its
provisions are all applicable to states, and
cannot be put IN operation in territories
They cannot vote for President or Vice
President, or members of Congress, nor
elect their own officers or prescribe the
qualifications of voters, or administer
their own laws by their own judges. sher,
ifs and attorneys; and the clause extend
ing the constitution to them is cheat and
an illusion, and trick to smuggle slavery
into the territory. Nor is it intended
that they shall have any legislative right
under the constitution. even in relation TO
slavery. They may admit it because it is
/ TO be there by the constitution they
cannot exclude it, because the constitu-
tion puts i there This is the argument
and it IS a juggle worthy of the trick of
one egg under three hats at the same
time-and under neither at any time
Besides, the constitution is an organic,
not an administrative act 1t is a code
of principles not OF laws. Not clause
IN 1t can be executed except by virtue OF
a law made under it-not even the clause
for recovering fugitive slaves
Nebraska al Asylum fer Runaway Slaves
But | am not done yet with the beau
ties of this mode of repeating law by
an exception. There Is further conse-
quence to be detected in it. The Mis-
souri, Compromise consists Of two distinct
parts first. an abolition of slavery in all
the ancient Louisiana north and west of
Missouri; secondly a provision for the
recovery Of fugitive slaves in the territory
made free. By the admitted extension
of this section, both these parts are re
pealed. \ tract Of country larger than
the old thirteen Atlantic states. and bcr-
dering thousand miles on the British
dominions is made an asylum for fugitive
slaves There will be no law to recover
a slave from all that vast region
The constitutional provision is limited
to states; the provision in the act Of 1887
is limited to the Northwest territory the
second part of the Missouri Compromise
extended this right to all the territory
north and west Of Missouri and that be-
irg repealed, that right of recovery is
lost. | object to this on the part of the
state Of Missouri-the State to be most
injured by converting all the territory
north and west Of her quite out to the
British line. into an asylum for runaway
slaves The blunder cannot be corrected
{at least in the opinion of those who deny
the constitutional power of Congress to
legiSlate on slavery il territories) by an
act of Congress.
Then comes the reason for excepting
the Missouri Compromise from the extern
sion which is given to a mass Of laws
which are not there. and denied to itself
which is there If the reason had been
because it was already there, it would
have been q local and comprehensive rea-
son but that is not the cause assigned !;
and those which are assigned are actually
numerous and curious, are worthy Of OK
animation First, because it was super
seded by certain acts OF 1850; next, that
it is inconsistent with those acts then,
that it is imperative; and finally, that it
never was there, being dead in It's birth
under the constitution and void from tie
beginning,
The Compromise Of 1850 did no. superseae that
Of 1920
Let US look into these reasons. snctina,
as the lawyers say and first Of supersos-
sion. It Is said that the measure OF 1850
superseded this compromise Of 1920 If
so, why treat it now as still existing. and
therefore TO be repealed by an exception
in order TO get rid of It If it was re
Dealed in 1854 why Do II over again iD