The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-01-12

| uoItn VI 90 ueS ~ mln, so long as IL remains
Territory.
TRANSFORMATIONS -THE WHOLE CUES
TON RE-OPENED
When we said, in the preceding article, that
the PrOviso Of the Missouri act of 1920 vir-
tually divided the Louisiana Territory into two
parts - the one below SO deg. 80 min. beng
secured for slaue labor, the one above 80 deg
30 min. to free tabor-we did not mean to ad-
init that the provision itself secured the exist
ence of Slavery anywhere. 1t did no such
thing but Slavery existed below SO deg. 80
min. as fact, and, Congress forbearing to
legislate for it's exclusion thence, while it did
Danish it expressly from above that parallel
Of latitude, tacitly and Trongfully sanctioned
it below
With this explanation, we resume the con-
sideration Of the subject Of Territorial Govern
ment for Nebraska.
While the Wing and Democratic Parties
stand committed, through the declarations of
their National Conventions to resist the agita-
ton of the Slavery Question, a report has been
made in the Senate, which formally re-opens
the whole Question, and brings up again for
discussion the issues of 1850. We refer to the
report Of Mr.. Douglas, from the Committee on
Territories, recommending the organization of
Nebraska.
We were told, in 1850, that there was not
one foot of soil belonging to the United States,
the condition of which, as 1t respects Freedom
and Slavery, was not fixed by law. No one
ventured to contradict this assertion of Daniel
Webster 80 far as the old territory belonging
to the United States north of &c deg. 30 min.
was concerned Southern men admitted the
fact and reasoned upon it. Mr.. Calhoun, in
portraying the power CT tie free States, uni
formly spoke no. only of all that Territory but
also Of Oregon, as Free Sol, and the nursery
of future non-slavehOlding States. He knew
that Law had recognised It's exemption from
Slavery and solemnly secured it; for he was
member of the Cabinet under whose express
sanction Mr.. Monroe signed the bill containing
the Anti-Slavery Proviso. Before committing
himself Mr.. Monroe submitted two questions
to his Cabinet Had Congress the constitu-
tional power to prohibit Slavery in a Territory
Was the term "forever," in the prohibitive
clause of the Missouri BILL to be understood as
referring only to the territorial condition of the
district to which it related, or was it an at
tempt to extend the prohibition Of Slavery to
such States as might be erected therefrom?
'On the first question, all the Cabinet de-
clared themselves in the affirmative though
neither Calhoun, Crawford, nor Writ could
see any express authority, and though Writ
himself was strong against implied powers
AS to the second question, Adams thought that
the term forever must be understood to mean
forever, and that the prohibition, instead of
ceasing with the territorial condition of the
district, would extend to any States that might
at any time be erected out of it. The others
including Thompson, of New ork, placed in
the Navy Department about year before, as
successor to CrOwninshield, and as well as
Baldwin, elevated at the first opportunity to
the bench of the Supreme Federal Court-were
all of opinion that this forever was only
territorial forever, not interfering with the
right of any State, that might at any time be
organized within the district referred to,
to establish or prohibit Slavery. But to
prevent this delicate point being mooted,
and to give to the opinion of the Cabinet an
appearance of unanimity, the second question
was modified, at Calhoun's suggestion, into the
mere inquiry, Was the proviso as it stood in
the bill, constitutional or not To this, not
withstanding the fundamental difference above
pointed out they could all say yes They all
did say so in writing, and no more and on the
strength Of these deceptively unanimous opin-
ions, ordered to be deposited in the archives of
State, whence they have since disappeared
Monroe put his name to the two bills" X
This restrictive clause, exempting all of Lou
isiana Territory north of SO deg. 80 min. from
the curse of Slavery, has been held to be in
force ever since. No attempt has been made
to repeal it; but an effort was made, pending
the questions of Territorial Government for Ore
gon, New Mexico, and California, in 1S4S-'49-
80, to extend the restrictive line to the Pacific.
A motion of this kind was made in the House
by Judge Douglass, and sustained by those
members, North and South, who were opposed
to the WilmOt ProvisO. Did they believe they
were voting for the extension of line which
was unconstitutional, null and void
We repeat, nobody dreamed that there
could be any question whether the territory
4 nOfID Oh so ueS 81 nin WAS exempt from Sla-
very. The Observation-Disclosures of the country
have always congratulated themselves on this
exemption If any fact seems settled in our
political system, it was the fact that all thai
broad territory was consecrated forever tc
Freedom-the home of Free Labor and Fret
Laborers.
Resting in this conviction, the Anti Slavery
men raised no question about Slavery last win
ter, when the Nebraska Territorial Bill wa
acted upon in the House Not word wa
said about the Wilmot Proviso. Thea did no
agitate; the organization of Nebraska was 81
clearly right its exemption from Slavery wa
so absolutely secured, in their opinion, by {
compromise agreed to thirty-threc years ago
and never disturbed, that they could hardl.
imagine it possible that the Slave Power woult
manifest opposition. They were doomed t.
disappointment In the Senate, the bill wa
resisted by the whole slaveholding delegation
with one exception, and failed. They had rea
son to be disturbed Y such opposition an
IIidreth's History of Me United States, seeon
cries. vol I'd, page 6s3.