The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-16
CONGRESSIONAL
SPEECH OF HON. SAMUEL A. SMITH.
on TENNESSEE.

f.
On the Nebraska and Kansas bill delivered in the House
Of Representatives, April q 1854.
The House being in the Committee Of the Whole the
state of the Union
Mr. SMITH, Of Tennessee said
Mr. caAmNAy propose 10 address the committee To-
dar on the bin establish governments in Kansas and
Nebraska and contne my remarks principally TO the
to,rteen,h section, which Is as follows:
That the constitution and all laws Of the United States
,cb are not locally inappicabe shall have the force
md effect within the said Territory Of Nebraska else
where within the United States except the eighth section
~ be act preparatory the admission OF Missouri into the
Tnon approved March O. 1920 which, being Inconsistent
with the principle Of by Congress with
ayery the Sta.s and Territories, recognized BY the
legislation 1880 commonly called the compromise
ure is hereby declared imperative and void being the
true intent and meaning Of this 70 legisate slavery
10 leave the people thereof perfectly free to form and
"a late IN ts q the United ' states THAT
nothing contained a be construed to revive pat in
arss nv iaw Or regulation which may have existed prior
The aet of Inc 9th of March, 1920 either protecting csab
fishing, prohibiting, or aboLshng slavery.
And in the discussion of the important questions in
yoyed in this measure shall endeayor 10 utter word
which can Justly be regarded offensive 10 any gentle
man from any section of the Union There bills
before the Committee of the Whole the state Of the
Union the organization Of governments in these Terri
oriesone reported BY the chairman OF the Committee
Territories in this House and the bill which has been
passed BY aud sent down here from, the Senate.
Now sin am free to declare that ! will give my sup
mort 10 either Of these bills there being in Judgment
no difference in them relative to the great principle sought
10 be established.
The mode Of opposition csorted to to defeat the meas
are under consideration throws open to discussion the
whole slavery question and the archives OF the country
have been sed the bottom for facts records and arg
men,s for and against the principle involved That prne
pie is important one anu les al e very ondaon OF
our political institutions
Prior to the passage the compromise of 1850
e were al sea npon the slavery question without rudder
with which to compass friendly star TO di
rect our course BY the passage of those measures prH
epls was established around which, adhered To- the
friends OF the rights of the States and Of the perpeuty of
The Union may rally in all time TO comethat of nom
interference BY Congress in the domestic affairs of the
States and Territories Of the Union 1t il because of the
Incorporation OF this great principle of elfgovernmen in
10 this bill that give my cordial support desire sir
10 this principle recognised by the national legsla
lure in the most solemn form, that precedent may be
,absbcd TO be referred and followed in all future time
when sectional questions may disturb the harmony of the
country. ttat@ t@
The principal objections urged against the passage Of the
hill are:
First That it repeas the Missouri Compromise;
Second That il repeas the laws which it is alleged
ised in the Territory prior TO 1920 protecting and estah
Third That it viii produce agitation of the slavery
question.
The second objection ] regret to have say comes
principally from southern men, who though doubt hon
est in their intentions are vet as misguided in their views
and policy those from the section who voted
against the Clay Compromise bill in ls4s But first Of
the Missouri Compronise.
This bin does not propose to repeal the Missouri Com
pronisc bat il docs roraa tho Msso,,ri ~4ri~f
Of ls20, which Is as follows;
aSrc And D, Il further enacted, That in all that terri
tory eed by France United States under the
OF Louisiana which lies north of 36 deg so min north la
tude not included within The limits OF inc Sate eon,enPa
in the punishment of crimes whereof the parties shall
have convicted shall be- and shereby forever pro-
hbited Prordod orays That any escaping into the
same from whom labor service Is lawfully claimed IN any
state or Territory the United States such fugitive may
lawfully reclaimed and conveyed 70 the person claiming ms
labor or service as aforesaid
This sir was no compromise either between the North
AMI the South between the general government and the
State nf Missouri 4 compromise is adjustment COM
pact in which concessions made upon each side and
without concession there can be no compromise In
any acceptation Of that term.
But the gentleman from Louisiana Mr. HuSr in his
able speech few days ago says in speaking Of this Mis-
souri, restriction, that
'eItwas concession to the South by the North, which
had originally conendcd for the ordinance Of 1857 for Mis-
Iouri the balance of the Louisiana territory IL was
by tho North to the people o Missouri whom
II authorized form State constitution without the re-
strieon ofAayery.
Here sir Is distinguished southern man declaring on
this floor that that was concession by the North 10 the
Southland why Because the North bad oonended for
the application of the ordinance Of 1877 10 e The Louis
lana territory Now, sir what the condition OF this
territory prior the passage of the act Of the 9th OF
March 1907 Every foot Of ii Stare territory and
hat act simply erciaded slavery from all that part OF
north Of 3eo 3< north latitude not included within the linn
ts Of the State Of Missouri Did this act establish slavery
anywhere equivalent for its exclusion from that ter
nory7 Certainly IT. then, the act simply excluded
slavery from country where il existed without establish
ing II anywhere ns an equivalent IL could be
sion by the North the South but ordinary act OF
legislation subject repeal whenever the interest Of the
country might demand H. Now il y compromise with
the people OF Missouri awhom Il authorized TO form State
constitution without the restriction Of slavery Sir they
had this right without any law OF Congress upon the sub
ect They also had the right 10 determine for themselves
the character Of their domestic institutions without the in
reference of Congress.
The State OF Missouri formed out Of territory i1
which slavery had existed time Of mind and the peo
ple there elected To continue IT, and ID
70 them 10 authorize them by legal enactment to do thai
which, without such legislation, they had right tS
do. Now sir If q man, without right without title
claims nll my land, aud comes upon me with a su
| to consider this concession to me by him, be
cause he while desiring the whole takes but the half
And yet sir this il the principle Of the doctrine advocated
~ the gentleman from Louisiana.
But Mr Chairman shall contend, and endenyor Il
show tha, the eighth section o the act Of the 9Th Of Mah
1890 was unconstitutional and void And here II Is
necessary or discuss the question Of tho power
Congress legsae for the Territories for this act doc
alone apply the territory while ~ territorial con
don, but says
THAT In all that territory cedcd By France the Cnitet
states under the name Of Louisiana which lies north Of y
deg 20 north latitude, included within the TERRITORY
Of the State contemplated by this slavery involuntary
yitude otherwise than In the punishment Of crimes where
If the parties shall have been duly convicted shah be- and
hereby torercr prohibited
The fs, paragraph Of The third section Of the fourth
uce Of The constitution Of the United States is In thes
words;
Eex States may be admitted BY the Congress into tn
by this Provision Of the constitution Congress has powe
70 adH new States but them Congress also ha
la - NN 80 Aff