The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-16

In 1919 the Territory or Missouri applied permission
TO form State constitution The House of Representa-
ves, in 1870 passed bill authorizing the Territory 10
form State constitution but requiring that slavery should
be excluded This bill the Senate amended by striking out
the slavery restriction AT the session lsl9120 the
House passed the same bill and the Senate struck the
clause excluding slavery and united the bill for the adis
sion OF Missouri with that for the admission Of Maine The
House refused % concn in these amendments Of the Senate
Al length the Senate motion by Mr. THOMAS OF Illinois,
adopted the line Of 80 deg 80 min and when this PROPOSE
uon was rst voted upon in the House ii rejected by
vote OF lb4 to s half OF the minority being from each OF
the two sections This proposition met with favor in
e House from either extreme OF the Union To the North
u was unacceptable because il admitted Missouri which
that section was anxious to excludes and TO the South il
was unwclcome because admitted the power of Congress
% exclude slavery from portion Of the Territory which
power was generally denied at that day. is the pres
en by southern statesmen phis was the basis OF
aSrecnsnt which the Senate proposed and to Shiah the
House. finally, by vote Of 70 AL, assentcd
The demand that gave occasion for the Missouri Com
promise was claim power for Congress to prescribe the
form OF the domestic institutions ofa State prior 70 her ad
mission into the Union. The power to impose limitations
upon people in the formation of their constitution is
wholly unknown to the federal constitution and which, if
assened to as sound doctrine would subvert the whole
theory OF State rights and merge all the reserved of
the States into the unlimited and absolute will of Con-
gress. This claim of power superannuaed II per-
shed in the very struggle which seemed establish it
settled principle of constitutional law So well determin
cd is the right OF the people, in framing their fundamental
laws to incorporate what provisions they choose 50 that
the government be republican, that whose opinion
is worthy Of regard be found to deny it. 1t is need
less to argue this point TO support it by reference to
opinions judicial decisions is firmly established
possible for any construction to be- Yet upon the adj
mission of Missouri, the opposite opinion held and
avowcd by majority of the representatives upon this floor
almost the entire representation from the North and the
attempt to apply that principle to Missouri to say to her
people that they should come into the Union only upon
condition of abolishng institution which had existed
among them since the early times OF the colony and long
before purchase of il from France produced the ag
ton that was said to endanger the stability Of the Unon
| and to render compromise necessary.
said the demand was unconstitutional, and now pro-
\
BY the eighth section OF the act authorizing Missouri to
form State constitution, slavery involuntary servi
tude oreper excluded north OF the line Of SO deg
80 min. This must seem an nnwarrantable stretch Of
power to those who claim for Congress wider lat
tudc in egisatng for the Territories than for the States
Even if Congress could constitutiOnay exclude slavery
from the Territories-a doctrine from which wholly dis
sentyet as have but shown that Congress
impose the exclusion Of slavery condition precedent
upon the application Of State for admission into the
Union neither could Congress- by any law imposed upon
Territory, deprive her of the right form her institutions
at her pleasure when she authorized establish her
constitution prevent her by such laws from changing
them at any time afterwards in her discretion Yet this
law which excludes slavery from the Territory oreer
attempts to deprive portion of the Union of the right to
alte amend abolish their form of government which
other States possess and would thus destroy that equality
upon which alone the Union can securely rest
This word forever was inserted not without object
1t had relation TO the purposes which the restriction
party had in view and cannot be rejected accidental
tcn ,ssr >, many from the North oe absolute and
unlimited; and they had no doubt that Congress could
by statute fix forever the condition Of the States that
to be formed out Of it. the restriction sought be
imposed upon Missouri attempt to do. This claim
OF power finds few advocates except in the schools of
abolition whose clumsy philanthropy find mode of
freeing the black except by imposing seryile conditions
upon the white The incorporation of ii into the socalled
compromise OF 1920 violation of the constitution
and while it continues is blot upon the statuebook
reproach TO the legislation Of the day that produced
H.
The Missouri Compromise has been repeatedly violated.
have already stated that the line of 36 deg 30 min
1 hill at
Missouri TO form State constitution. After protracted
and violent struggle in which il had been attempted to
exclude Missouri from the Union except upon the prior
condition that her constitution should reject slavery
bill passed authorizing her TO form constitution
without this restriction and slavery to be excluded
forever from all of the old Territory of Louisiana north Of
36 dog. 80 min not included in the boundaries of Mssou-
| ri This was the compromise II any made UHere
any compact this certainty portion Of Il nat Ms
souri, be admitted into he Union uuou further hin
1 drdnce When Congress assembled in the fall OF 1920,
Missouri presented her constitution and asked be
/ ceiyed Admission denied her because her eonsu-
ton contained clause forbdding the immigration Of free
negroes to the State This can hardly believe 10 be
more than pretence and driven TO conclude that
the real objection was that her constitution did
clude slavery Other States prevent the grafton
Of free negroes and the Territory Of Oregon does H. and
believe the courts Of boounty have decided such preven-
ton not to be unconstitutional At all events II yO-
aton Of the compomise the act Of the previous session
| Was such
= But motion was made by "A northern maa which be-
raycd the real motive Of the opposition TO the admission
of Missouri. IL moved 10 reject Missouri unless her
constitution excluded slavery-he same thing that had
been attempted the previous session. and there were
sxty-one northern votes for IT, to thry-hree against It.
The legislatures of New York and Vermont and possibly
of other States had passed resolutions against the admis
sion Of Missouri with slavery constitution after the pas
sage of the so-caled Compromise Of 1920 Thus, that
| compromise have been assented to by the
northern people, nor respected BY their representatives
Il upon this floor
la the space Of few months unconstitutional
demand, producing excitement that threatened The
safety of the Union, unconstitutional remedy and The
refusal 10 comply with the only portion OF the remedial
law which constitutional Thus unconstitutional de
mands unconstitutional enaetments and fabless viola
tons crowd the page Of history.
The second Missouri Compromise Was passed in the yea
4 1921.
II In explaining the compromise of the previous year.
have necessarily trenchcd upon that Of 1921 When Con
gress assembled in the fall Of 1920 the constitution OF Mis-
/ sour was presented and her admission demanded As
she had been authorized by the Of the previous
to form her constitution after elaborate discussion
the whole matter her people had 70 expect III,
starting Of objections the revival of old ones lc
her admission in the House delayed and opposed be
cause BY provision Of her constitution the legislaur,
instructed pass laws prevent the Immigration
free negroes However honestly the objection may hav,
been entertained there's question that the exercise
such power by State is not in conflict with the fedora
constitution Several Of the States which then urged thu
objection arc exercising the same power the Terri
tory of Oregon exercises It, and the courts Of the country
have recognised II legitimate and constitutional Th
attempt a exclusion produced violent excitemon
than the threatened restriction Of the previous session
this is the Missouri difficulty with which the Of Mr.
Clay Is honoraby connected During the previous ses
sion, when the first Missouri Compromise passed. Mr. Clay
was Speaker OF the House and the proposition known
the first Missouri Compromise originated in the Senate