The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-22

Louisiana, slavery had been limited, by the ordinance
1884, 70 the States IN which existed and tat therefore
the admission ofevery slave State thereafter grautous
concession by the North The South Louisiana is
was savehoding province at the time Of It's acquisition
but slavery confined 10 few small detached localities
the remainder of the Territory being Wilderness rejoicing
in all the wild freedom of Missouri, at the time
her application for admission into the Union State
substantially free and the object of the North to pro-
vde IN the law regulating the terms of her admisson ha
she should remain This the South ressted and hence
arose the dangerous controversy which have already
adverted. To aay the strife which this controversy
stoned the compromise Of 1920 adopd and in pursu
ance Of 1t Missouri was admitted at once and Arkansas
when she applied years afterwards This compro
mise, effected through the instromeniay OF solemn egs
atye compact has been faithfully observed by the North
letter and in spirit But the South although she has real
ized the benefit OF all the stpulatons made IN her favor
seeks repeal the conditions inserted for the benefit OF
the other contracting party. And what Mr. President Is
her excuse for violating her faith solemny pedgedf
Why, that the compact was unconstitutional, and without
If she had intended to up these oh ections, in
as aoae So se e the
stpuations made in her favor. But, Mr. President,
have shown that the consideration was AMPLE and that IN
salment after nsalment has been paid, slave State
after slave State has been admitted into the Union out OF
territory originally devoted slavery by the coisitu-
ton and laws of the country Missouri and Arkansas,
and Florida and Texas, have all been portions OF the con-
sderation, though the first all that the terms Of
the compromise of 1870 provided for. itut t8 eaE
shall now proceed TO examine briefly the arguments
urged against the constutonay of the Missouri Compro-
mise Il alleged that power is to be found IN the
constitutions either express implied by which Congress
is authorized pass such law. This allegation, in my
judgment, is founded mistaken view of the force Of
that clause Of the constitution read by the distinguished
senator from Michigan, Mr. CAss in the course of has re-
marks to-day. 1t is in these words;
"Fhc Congress shall have power dispose Of and make
all Deed rules and regulations respecting, the territory or
other property of the United States"
These words being broad enough give Congress- power
egisate for the Territories and the power to legisae
being nowhere limited restricted it easy to see why
the power to exclude slavery should not exist and until
1 lately that such power had ever been
been seriously doubted Those who passed the Missouri
Compromise, eminent both lawyers and statesmen,
entertained doubt OF the power Of Congress In thus
body, Mr.. Pinkney, Of Maryland of the most dsr-
gushed men who occupied seat this floor was
supporter of the Ia the oherhouse, Mr. Lowndes
Of South Carolina, and number OF other southern men,
scarcely less distinguished voted for it. But this 10 not AL
! Mr.. Monroe southern man, then Presidents ana
both he and his cabinet believed the act to be constu-
onal And when it is reco!lected that his Cabinet was
composed Of such as John Quincy Adams, John z;
4 Calhoun, William H. Crawford, and William Writ and
that the question Of the consutionaty OF the measure
distinctly submitted them and their opinion in favor
of il unanimous he must be bold man who would IN the
face OF such weight OF authority venture to question II
At any rate, their opinions entitled to as much weight
as those of any of the gentlemen who have subsequently
maintained that the act is unconstitutional.
The OPTION has been expressed by Mr. Web
ster and believe the from Illinois, Mr.. DOUGLAS,
well from Indiana Mr. PErrIr, have OK
pressed like opinon and the latter IN the course OF the
present debate. But, had the act been unconstitutional
which can never admit of those measures
which the eNigences of the times exacted, and which
ought be ubrogated without great overwhelm
ing necessity, especially after portion of its conditions
have been performed and it has become impossible 10 re-
nit the parties TO the siau quo occupied by them previous
Il But my friend from Virginia Mr. HusrERl argues that
the Missouri Compromise is unconstitutional, because II
deprves citizens of the savehodng States from privileges
ehioyed by citizens of the saveholdng States that ~
that the citizens of the free States, migrating to any OF The
Territories of the United States carry with them The
whole of their property, whist the STAKEHOLDER who
4 rlp tn mic Ot
deg 80 compelled leave his slaves behind him
II true the constitution provides that she citizens OF each
State shall be entitled 10 all privileges and immuniues O
citizens in the several States !" but this means nothing
than that citizens Of Stae going into another
shall be, when there, entitled TO all the privileges OF The
citizens residing there IL may bc said that this clause
intended apply TO the States, and that the Territories
are embraced in its provisions.
But n this clause does the power Of Congress
to make all needul rules and regulations respecting the
territory other property of the United States, where vii
the find any otheri Where viii he find any right
the part Of the czens either OF The free States or the
slave States carry with them into any other Jurisdiction
State territorial, the whole of the property enjoyed
by them homer The stakeholder and the non-sleyc
holder, going from State Territory into another
may carry hher and enjoy all such property as the poll
ey OF the law does not prohibits but neither can carry
with him property which the law OF the place excludes
The Shareholder may be compelled, in going into free
State Territory, leave his slaves behind hm and The
non-slavehodcr be compelled TO part with his billiard table
other property recognised by the laws Of his ancient
domcio.
II was never intended by the constitution that, because
am citizen Of Pennsylvania and as such entitled to GER
tain rights privileges, and mmunies could carry them
with into Virginia, Georgia, Minnesota, and en-
10Y them there II should choose 90 thIhor TO reside
An that the constitution guarantees in this respect IL,
that should leave State and 90 into another should
enjoy in the latter all the rights and privileges conferred by
It's laws upon its citizens generally.
SO, III should choose from Pehnsy lvanio 10
Minnesota any other organized Territory Of the United
States on going there would be entitled to all the puyi-
egea conferred It's citizens by it's laws. Such too,
would be the il my friend from Virgins were TO go
thher and this consists the equality intended by the
constitution But Mr.. President there is another reason
assigned by why the North should not resist the
passage Of this bill and s that slavery never be
sbshed in Nebraska Kansas and that therefore, the
people OF the free States fighting abstraction
This IL strange reasoning, Mr.. President IN moro respects
than In the first place. what is TO prevent slavery
from becoming established in the Territories which
arc proposing oreael In climate, SOIL and productions,
Nebraska and Kansas differ in respect from Missouri.
They lie in nearly the parallels Of latitude, and pos
sess a soil fcre and varied and ye, Missouri con-
tains nearly hundred thousand slaves. There is,
therefore, TO be found IN the incompabiy Of
climate soil production, why slavery should & X
itself m Nebraska and Kansas well IN Missouri.
The northern man. il is uuo used 10 labor, and nec'-
toned from the he begins TO look around him IN
the world regard labor the way competence and
wealth. less difficulty and fewer obstacles IN subdung
wilderness and converting is soludes into the abodos Of
industry and civilization, than those who Taught 70
view labor as some view in the South do not pre-
tend Mr. President that honest labor il reprosch in the
South; but in the South, do not habualy, they do
In North out from the beginning with the decrmin-
alton OF being the nrthcers Of fortune for themselves
The hardy and intelligent Of New England and the
Of the Of thousands descended from the sanle