Daily national era., 1854-01-12
WASHINGTON, d. C.
THURSDAY, JANUARY i2, 1854.


THURSDAY, JANUARY l2, 1854.
THE PRINCIPLE OF THE MISSOURI cOMPR0-
MISE REAFFIRMED IN 1850
The first section Of tho Nebraska bin pro-
vides as follows
'sBe ii enacted By the Senate and House of Rep
resentatipes Of The United Sta'es Of Americd IN
Congress assembled, That all that part Of the
United States included within the following
limits, except such portions thereof as are here
matter expressly exempted from the operations
of this act--to wit. Beginning ut the southwest
corner Of the State Of Missouri, thence running
west on the line Of thirty-sx degrees and thirty
minutes Of north latitude until it intersects the
one hundred and third meridian Of longitude
west Of Greenwich thence north, on the said
meridian, until it interscots the thirty eighth
parallel of north latitude; thence west, on the
said parallel of latitude, to the summit Of the
Rocky Mountains; thence northward, along
and upon the summit of said range Of noun
tains, to the western boundary Of the Territory
of Minnesota thence southwark on and with
said boundary to the Missouri river thence
down the centre Of the main channel Of said
river to the State Of Missouri thence south, on
and with the western boundary of said State,
to the place of beginning-be and the same is
hereby created into Q temporary Government,
by the name of the Territory of Nebraska, and
when admitted as State or States, the said
Territory, or any portion Of the same, shall be
received into the Union with or without Slavery
as their Constitution may prescribe at the time
Of their admission. ProUided, That nothing,
in this act contained shall be construed to in.
hibit the Government Of the United States from
dividing said Territory intotwo or more Terri
tories, in such manner and at such times as
Congress shall deem convenient and proper, or
from attaching any portion of said Territory
to any other State or Territory Of the United
States
The section closes with provision securing
the rights Of Indians in the Territory.
The provision that the Territory, or any
part of it, when admitted as State, or States,
shall be received with or without Slavery as
their Constitutions may prescribe at the time
of their admission" has no legitimate connec-
tion with the purpose Of the Bill, which is, to
establish q Territorial Government; and it can
have but one object and that is, to give pre-
text for a Judicial decision in favor Of the right
eontemplates the eristence Of Slavery therein, or
it is mere surplusage. Would the People of
State formed out Of said Territory, provide in
their Constitution for its recognition, if it did
not exist already among them? The provision
ignores the Proyiso Of the Missouri act Of l0O
prohibiting Slavery forever in all Territory
north of SO deg. 80 min.
But, the bill contemplates the existence of
Slavery in the Territory, not only through this
provision, utterly irrelevant unless intended to
secure substantial advantage to the pro-sla-
very party, but also in the section defining the
powers of the Territorial Judiciary and the
mode of Judicial procedure.
Providing that writs Of error and appeals
from the final decisions Of the Supreme Court
shall be allowed and may be taken to the Su-
preme Court Of the United States, where the
value in controversy shall be over one thousand
dollars, it adds
Except only that in all cases invoiving
title 10 siaDeS, the said writs of error or appeals
shall be allowed and decided by the said Su-
preme Court, without regard to the value of
the matter, property, or title, in controversy
and except, also, that writ Of error or appeal
shall also be allowed to the Supreme Court of
the United States, from the decision Of the said
supreme court created by this act, or Of any
Judge thereof or Of the district courts created
by this act, or Of any judge thereof, upon any
writ Of babeas corpus, involving the question Of
personal freedom
This provision is copied from section in the
Territorial Bill Of Utah, in which there were
slaves when il was organized, as there are slaves
there nova condition of things which the
present bill contemplates in Nebraska.
These facts with the statements and expla-
nations Of the accompanying report which as.
sumo that the validity Of the Missouri Compro.
mise is as unsettled question as was that Of
the Mexican Law alleged to exclude Slavery,
and that for this reason Nebraska should be
put on the basis Of the Compromise Of 1850,
just as Utah was, leaving the question Of the
exclusion or admission OF Slavery an open ques-
tion, demonstrate the absolute necessity Of an
nexing to tho bill, as it stands, clause reaf
frming the Proviso Of the Missouri act Of 1920.
As the old parties have been pledged, through
their National Conventions to sustain the Com.
promises of 1850, the supporters Of this Bill
will tell them that suoh reafIirmation would
be violation Of that pledge, as il would be in
conflict with those measures. IL there exist
such conflict it is time the country should
know il. II the Compromise Of 1850 repealed
the Proviso of the Missouri act, il was more
corrupt and wicked than even its opponents
considered il. But, so far from this assumption
being true, the Missouri Compromise was sane
toned, and it's Principle reafirmed, in the Com.
promise Of 1850. This point has hitherto been
overlooked.
August 9TH, 1885, the Texas Boundary Bill
being under discussion in the Senate, Mr.. Ma
son, Of Virginia, moved the following, which
was adopted:
"Provided That nothing herein contained