Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-02-18
REMARKS OF NH CHASE. ON THE TERRITORIAL
BILL,
In the u. S. Senate, February u.s. 1854.

BILL,
In the U S. Senate, February is, 1854.
The amendment moved by Mr. DOUGLAS
to the I4th section of the substitute re-
ported by the Committee on Territories, having
been adopted,
Mr.. CHASE said | desire to submit an
amendment, TO insert Immediately after the
words which have just been inserted, the fol-
lowing
aUnder which tho people of the Territory,
through their appropriate representatives, may,
if they nee fit prohibit the existence of Slavery
therein
ask for the yeas and nays upon the amend
ment.
The yeas and nays were ordered
Mr. CHASE. will state, in very few words,
the design Of this amendment The amend
ment lust adopted declares that it is the true
intent and meaning Of this act not to legislate
Slavery into any Territory or State, nor to ex-
clude it theretrom but to leave the people
thereof perfectly free to form and regulate
their domestic institutions in their own
way, subject only to the Constitution Of
the United States. The amendment had
already declared the Missouri prohibition in
consistent with the principle Of non-interven-
ton by Congress with Slavery in the States
and Territories, as recognised by the legisla-
ton Of 1850, commonly called the Compromise
Measures II will be seen that the amendment
Just adopted does two things. II puts con-
struction on the acts Of 1850, and then it con-
strues the act of which it is a part. IL de-
clares the principle of the acts of 1850 incOn-
sistent with the Missouri prohibition and it
declares for the act, Of which it forms part,
that its design is to leave the subject of Slavery
to be disposed of by tho people Of the Terrific
ries, subject only to the limitations Of the Con-
stitution Of the United States
Now, | desire to have the sense Of the Sem
ate upon the question, whether or not, under
the limitations Of the Constitution Of the Uni
ted States, the people Of the Territories can
prohibit the existence of Slavery there
There can be no reasonable objection to the
expression Of the Judgment of the Senate on
this question. Tho very amendment just
adopted is for the most part, only an express
sion Of the Judgment of the Senate on ques-
ton of Interpretation The only real words Of
legislation in it are these: Ia hereby declared
imperative and void;n all the rest is opinion,
Judgment intent
Now, want little clearer understanding
Of one important point. want the Judgment
Of the Senate upon the question whether, an
der the Limitations Of the Constitution, the peo
pie Of the Territories CAN protect themselves
against Slavery?
After have obtained vote on this ques-
ton, | shall want to know--and If no other
Senator shall do it, will move amendments
calculated to Observation-Disclosures it be intend
ed to give the principle of Non Intervention,
asserted by the bill, full scope If it is to be
adopted, want to SEQ it fully and thoroughly
carried ont.
object to the amendment which has Just
been adopted that it will have opposite inter-
pretations in different sections Of the country.
In one section it will be construed as leaving
the whole subject Of Slavery completely at the
disposition of the People Of the Territories;
and in another section as 80 binding up the
people, by its reference to the limitations Of the
Constitution, that they can in no case, and by
no means however disposed to do so, protect
themselves against the introduction of Slavery
| shall detain the Senate for the present, no
longer. My desire only is, that the Senate and
the country may understand clearly the scope
and purpose of the amendment now submit,
and to have vote, by ayes and noes, upon it.
Mr.. PRATT, of Maryland, here made an at
tempt to amend Mr.. Chase's amendment to an
amendment, by inserting the words "or intro.
duceD after the word prohibit" but it was
ruled out of order. Mr. Jones, Of Tennessee
also asked, if Mr.. Chase's amendment were
adopted, would he vote for the billal
Mr.. CHASE resumed: Mr. President, have
no objection whatever TO answer the question
put to me from the honorable Senator from
Tennessee. say to him distinctly, that will
not vote for this BILL unless relieved of every
clause looking towards the abrogaton of the
Missouri prohibition.
But, sir, is anything less doubtful than that
il is the right and duty Of Senator, who sees
that q bill containing important provisions, 10
obnoxious as to make it impossible for him to
vote for it, is yet likely to pass the Senate-is
it not say the right and duty Of Senator,
under such circumstances, to endeavor az far
as practicable to make the bill in other re.
spects such as he desires it to be? A meas.
ure of legislation may fail to commend itself to
my JUDGMENT and yet may be rendered vastly
less obnoxious by amendment than in its origi-
nal shape. ! have moved this amendment,
therefore, in good faith. wish to see the bill
perfected, as near as may be- in accordance
with the principle upon which it is said to be
framed.
remarked, when last up that should
probably have other amendments to offer. and
may as well indicate briefly the nature Of
those amendments.
The advocates Of the bill say that it is fran.
ed upon the principle Of non intervention. But
what kind of non-intervention You refer the
question Of Slavery to the people Of the Terri
tories, to be acted upon through their Legisla-
lures; do you not Certainly you say So But
then the Legislature Of the Territory is to act
upon that question, subjeetro the restrictions and
limitations Of the Constitution Of the United
States
Now, sir, there are great differences of opin-
ion here rs to what the limitations and restric-
tions Of the Constitution are Some Senators
think that the Constitution Of tue United States
has no operation at all in the Territories, I'M
less extended to them by express enactment
Other Senators are Of opinion that the Consti-
tuition extends over tho Territories from the
moment Of acquisition. Other Senators main
tain that the Constitution, properly interpreted,
would have prevented the existence Of Slavery
in the Territories altogether, and would render
il impossible for Territorial Legislature 10
On n n ~