The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1854-03-15


should have this extended effect with,
lsHt any words TO indicate it. II would
be singular IL there was nothing thai
stood in the way ; but when you con.
slider that there Is a positive enact,
! 'ment in the wsy-the eighth section
af the Missouri law. which you now
pFaprose to repeal because il does
stand in your way--hsw can yoa think
4 that these enactnenfs f 1850 in refer.
ence to Utah aud New Mexico were
iptended TO oserleap these boundaries
Ia the face Of positive law To the con-
trary. and TO Gall upan and decide the
organization of Territories ia a region
purchased from France nearly ffty
years beforef Sir. il 10 to me most
singular thing that words Of extension
in 1884 should be thoagAt necessary
in this bill to give the eject supposed
TO have been intended TO the provisions
of the acts Of 1880. and that IL should
not be thought necessary in 1850 to
put these words OF extension in the
original bills themselves.
Now. sir. let us look at the debates
which took place at that time, because.
of course. one may always gather much
more from the debates on one side and
the other ON any great question, as to
the intention and meaning of law,
than can be gathered from the words
OF the statute itself. | have not had
time to read these debates fully. That
is what ! complained uf in the begin.
ming. ] have not had time TO read, as
thoroughly as could wish, those vo-
luminous reports. for they till the great.
er part Of two or three thick quarto
volumes; but in what have read do
not find single word from which ii
appears that any member oI the Senate
or House Of Representatives at that
time believed that the territorial en>
actmeBts Of 1880. either as principle,
or rule, or precedent, or by analogy,
or IN any other way, were TO act retro.
spectisely or prospectiyely upon any
other Territory On the contrary, |
find much, very much, Of broad, dis.
tinct. direct opposite bearing. l for.
bear to repeat quotations from the de.
bates which have been made by Scna.
tors who have preceded me.
The proviso itself which forms so
prominent a Characteristic and so i'm.
portant part Of this bill, the proviso
that when the Territory, or any part
of il, shall be admitted into the Union
as a State or States, it shall be with or
without slavery, as their constitution
at the time Of admission may prescribe,
was no part Of the original colnpro-
mise, as | understand it, The com.
promise consisted in not inserting the
Wilmot proviso in the Utah and New
Mexico bills. That was moved and
rejected, and the Territory was to come
in without any restriction. That was
the compromise in reference to those
Territories, and after that had been
voted down, distinguished Senator
from Louisiana, (Mr. Soule,) not now
a member of this body, but abroad in
the foreign service of the country,
moved the proviso which | have Just
rccitcd and he did it, as he said, Ito
feel the pulse Of the House." Mr..
Webster, in waiting for that motion of
Mr.. soule, as he had just voted against
the Wilmot proviso. used these remark.
able words:
De il remembered, sir. that I now speak Of
Utah and New Mexico, and Of them alone"
1t was with that caveat that Mr..
Webster voted for the proviso which
forms the characteristic portion of this
Legislation Of compromise, which is sup
posed to carry with it a law applying to
this whole Territory Of Nebraska, pre-
vionsly covered BY the Missouri com.
promise of 1920. Mr.. Webster had, on
a former occasion. in the great speech
of the 9TH Of March, 1850, towhich |
shall in a moment advert again, used the
following remarkable language:
"And now say, sir. as the proposition upon
which stand this day, and upon the truth and
firmness Of which intend TO act until il is over.
thrown. that there is not al this moment within
the United States single foot Of land the cha.
racter Of which, IL regard to iis heing frce-sol
territory slave territory. is not fixed by some
law, and some irIepeaIahle law, beyond the pow
er Of the action Of the Government"
He meant of course to give to the
Missouri restriction the character of a
compact which the Government in good
faith could not repeal; and there was
in the course Of the speech great deal
more said to the same purpose.
And now, sir, having alluded to the
speech Of MIR. Webster of the 9TH Of
March, 1850, allow me to dwell upon
it for moment. was in a position
the next year, having been requested
BY that great and lamented man to su.
perintend the publication Of his works,
to know very particularly the compa-
rative estimate which he placed upon
hss o,yn nartiamnntarv afycrk, uo