The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-30

Mr. PHILLIPS rose and said
Mr. CHAIRMAN We called upon in the exercise
Of our legislative function TO discharge the high duty Of
organizing for vast extent of territory the
seat future States and empires Many Of would viii
ngy postpone if it practicable this important duty
bu we are admonished by events rapidly transpirng
around us well by the vote Of the last session. that
this is foregone conclusion Let us, therefore boldly
proceed to fulfil obligation, and prepare for the
modaton and protection Of that swelling and resisess
tide Of population which has been orcbly described by
De Tocqueve he progress Of deluge of men, driven
forward by the hand of God"
The bill which is now before us for the government OF
Nebraska and Kansas is violently assaed by many who
admit the correctness OF the great principle upon which it
founded and yet oppose it repeal of the act of 1920
yond its intrinsic merits itwoud be very illogical to
that the wrong OF our predecessors should DC bar to
rightfu action part
But II solemny urged that the act Is something
than of ordinary legislation that in truth it is the
evidence of compact compromise entered into at that
period between the two great sections Of the confederacy
intended to e perpetual IN It's obligations and though not
legally binding, would involve in its non-observance
breach Of faith IA
is them of the greatest importance to ascertain the
truth of this allegation for whatever may be the merit Of
the measure before u.s. could receive the support Of
honorable if productive of such consequences For
this purpose sir have examined, with much care the
journals Of the two houses Of Congress for the sessions of
1920 and 1921 Here sir they The truth Of the PROPOSE
ton is to be tried heasay not by the uncertain mem
ory but by these solemn records faithful chronicers of the
past ard unerring guides of the future. g 4
In this investigation do not mean to rely upon any
technical argument to the legal requisites OF compact
intend to pursue the examination in the most liberal
spirit for sir say in advance and say boldly that so far
from these journals showing that compact or agreement
such is asserted entered into by the repre-
sentaves of the several nonslavehodng States with the
representatives Of the several savehoding States there
not page in hem referring the subject that does
absolutely disproye the assertion. E
1t is well known sir, that the Congress Of 1920 as
sembed under considerable excitement in reference to the
admission of Missouri into the Union Primary
bes OF the northern people and legislative instructions
had been rcsorted TO for the purpose Of preparing their
representatives for the sernest resistance this subject
will not fatigue the of the House by recountng the
proceedings which cynced the repeatedly expressed deter
mnaton Of majority in this body against the admission
Of Missouri without constitutional provision prohibiting
slavery involuntary servitude 1t is sufficient for the
argument 10 say that disagreement between the two
houses led committee Of conference, and that the
I'd Of March M Holmes from the managers appointed on
the part Of the House. recommended that the houses
ree strike Of the House bill the clause which inn
posed the restriction Missouri and to add to it re-
cton upon the remainder of the territory north OF 36
deg 30 min, and west Of the proposed State.
Upon the question Of concnrrnQ in the first proposition
the vote 90 TO 81 and upon the second l34 TO AZ
aud the title being amended the bill passed. BY
analysis Of the first vote II will be found that rep
rsentatve from the States OF New Hampshire, Vermont
New Jersey Ohio Indiana and Illinois, voted in the arma
tive and that Massachusetts, Connecticut Rhode Island
New York and Pennsylvania, cast in all, but fourteen
votes in its favor
Now repeat do deal with this question according
TO any technical rule You may call the transaction by
what name you please-compact contract compromise
agreementhey all and each necessarily involve the idea
Of mutual obligation, and obligation exist without
the assent OF The parties 10 be bound
By what process Of reasoning therefore, arrive
the conclusion that the six States first named whose
representatives unanimously voted against the measure
as,eAioi that the other FIVE obligated by the
aon Of nconsiderabe fraction of their representa-
toni
seems 10 me that would but insult the understanding
ofnegent argue this proposition further Sir
he non-sarehodng States refused their concurrence and
by their votes sought to defeat the measure they not
responsible for it, they not morally bound by it and
could therefore, claim il the basis consideration
Of any compact or agreement whatever.
But Il may be said that II the non-slavehoding States
did not vote for the act yet they approved OF IT alter M
passage and thus have entitled themselves through tn,
Of their fourteen representatives to consider the act as
though they had originally asscnted 10 it. This conclusion
would be incorrect II the premises were true but the prem
s are hse The passage OF the act was followed by IN
northern representatives who to the constitution than
the preudiccs Of their constituents had voted for the
proposition subjected TO the same popular insults and
indgnes freely bestowed upon the northern sup
pOrters Of the bill before us.
The subsequent session Of Congress affords the fullest
and most conclusive evidence that the idea Of the ac, o
1920 being compact agreement not then enter
hined On the 10th OF November Mr. Scott presented 70
The House the constitution OF Missouri formed the 10Th
q July, 1920 BY the convention beld at st Louis under
the act of March, 1920 which referred 20 committee
consisting q Lowndcs Sargent and Smith OF Maryland
who on the 23d Of November reported joint resolution
declaring the admission Of the State Of Missouri into the
The whole nonsaveholding representation voting IN the
negative
Now IL the act of 1870 constituted compact agree
mehl and Missouri had complied with the terms and equ
nlons Of that act her admission was not matter OF dis
eon but Of right and yet the whole body of northern
representatives rejected her application
It's attempted 10 answer this argument by placing the
opposition that clause OF the constitution Of the State
which excluded free negroes from her borders But this
Goes Mt remove the difficulty for If the act OF 1920 was
compact Or agreement look % Its terms alone to ascer
Tain the rights Of the parties and the majority could not
egaly insist upon another and new condition.
Bot this attempted answer poor and himsy as u u,
droyed by the facts in the record On the 10th Deeem-
t NJ, Eustis, Of Massachusetts, proposed resolution
declaring That on the day Of next ensuinq III,
STATE of Missouri shall be admitted into the Union upon
an equal footing with the original States in all respects
Nhaycr provided that much Of the wentysixth sec
uon third article in the constitution Of said State, as
makes the duty of the Legislature TO pass such laws as
Z PC necessary 70 prevent free negroes and muetoes
rom coming settling in this State under any pressx
Whatever shall before that day, KxrusGKD THERE
ERoS This rejected by vote Of lac TO 81
Again sir the 10th Of February, Mr. Clay, from the
select committee 10 which had been referred the resolution
ron The Senate providing for the admission reported h'
slne back with the amendment requiring Jnndanenfd
4a,oH that the said State shall pass amy law pre-
venting any description Of persons from settling in said
sAt who are or hereafter may become citizens o.
V o. the States Of this Union This was again rejected
he North the vote bcing--nays 81, yeas 81
ine facts necessarily lead to the conclusion that The
opposition Of the North was be sought for in Other
son1deratons Asto what these are not left IN
uoue' Tor find that before the vote taken on tht
aessgunon Mr Malary, Of Vermont moved to amend by
lowing:
benever the people Of said state, by convention ap
guteu according 70 the provided for by the act
authorize the people Of Missouri form constitution
~ state government and for the admission OF such STATE