The daily union., 1854-02-25


man tor The Territories, IN pretty serous officially. and
he all at concluded up TO the scratch
therf fore he reports new BILL dividing the Terrific.
~ which he proposed originally into two aud inserting
instead OF the twenyhst section OF the bill streported
the following provision
" That the constitution and all laws OF the United States
which are NOT locally inapplicabe, shall have h same
foce nsct within the said Territory of Nebraska
Elsewhere within the United States except the eighth
section OF me act preparatory TO the admission OF Missouri
into tue Union. approved March o. 1920 which was super
'eded by The principles OF the legislation OF 1850 commonly
called The conpfomise measures, and Is hereby declared
Whereupon the honorable chaIman delivers himself
IN his opening speech as follows:
Upon the other point, that pertaining 70 the question Of
slavery in the Territories, was the ntsntioa OF the com
abhed by the compromise acts OF 1850 guide, and
Intended 10 make each and provision Of The 6l ao-
cord with those principles Thuse established,
and they rest upon me great prime sogovenmen
their DOMESTIC institutions or ir meives, subject only TO
such limitations nd restrictions as are imposed by The
constitution OF the United Saes instead Of having them
determined by an arbitrary or geographical line"
That is TO say, the committee, by the 2lst section of
the bill, first reported, really intended set aside the
Missouri restriction tor II has been all the while In
sisted that the eighth section OF the OF 1870 prn-
cipe and substance Incompatible with the measures OF
1850, The honorable chairman 10 have forgotten
that he had declared IN his report, express terms lha
the committee could recommend the repeal of that
section The speech aud the repor, do jump together
very well; or, in other words, he is like of Shaks
peare's Characters, he latter end OF whose discourse
ton was superseded by the legislation OF 1850" Who
ever before heard OF solemn act OF Congress being
perseded by pnncpies and superseded, where the
ceesiiy OF advering 10 the subject at all !
Tbs curious performance seems to have perplexed
honorable senators nearly much the original de-
monstra,on. The honorable chairman length found
ont that IL would hardly do and therefore, as he says
ne consulted The Tienk OF the measure; or, in olber
words, he held council OF war; and the resuI, Of their
united medations is a substitute, which will now ex
auIine.
In course OF practice, Mr. President which extended
over some hfteen or twenty years. became some ha,
familiar with the constituting OF statutes, and knew bow
their different parts were designated We wko are law
yes, have ali heard OF the preamble OF statute the en-
acting clause the exception, qualification, and the
provso; but never before heard OF the exo.dum and
The peroraiion of a statute or bill.
Here We have the exordium OF the proposed amend
meni:
Waich Chat IS 10 say, the eighth section Of the act OF
ls2o) being onssen With the principle Of non-iner
vuntion by Congress with slavery the States and Terri.
tories, recognised by the legsation 1862 com monty
called the compromise measures.
Here the enac.ing clause
lis hereby declared Imperative and void"
Here the peroraion:
being the irne intent and meaning Of this 10
essate taveIy into any Territory State exclude
thereomj but TO leave the people pc eecy free
to form aud regulate their domestic own
way subject only 10 the constitution oi the United States
My honorable friend from Massachusetts MIR Ever.
ETH seemed 10 be greatly pepexed with This singular
ALTAR, and asked, with great pfoprey Why you do not
SIMPLY say that the eighth section be and the Is
hereb, repealed I" No doub, II would have been done
so were not Tor The political ele TO which have
advered Probably the honorable chairman, Mr. Douc-
LAs had IN his eye tender wings snd democrats
Tor whom be seems TO have profound sollciude This
looks 10 me very much like adfot cunning legislation
suspect was apprehended that il would not quite do
TO break down The Missouri Compromise once or by
the ordinary simple PLAIN enactment rhe idea must be
held out that ii the eighth section was not absolutely
oyerlhfown By the legislation oil 1850. it in some
mysterious way undermined or so weakened that it is
proper now 10 blow II into the air. 1t shout half de-
mollshed then, and there call to give ii
the coupds grats
What Is meant by the expression aineonsisten, iih
the ptIDciple 1f ~ Do you mean 10
that the legislation oi $50 so INCOMPATIBLE with
epugnaot to tnat OF iS20 annul the Ister We
all know that incompability between acts may be such
that both cannot possibly stand and that in such
tue latter will operate 10 repeal the former VIII
any assume the responsibility of aiping that in
compatibility has annaled the act OF S20i ID So where
Is the necessity OF your Inerpo-ilion and not why
cannot the measures stand toxetherp Can more be said
than that the legislation OF 1850 unlike that of 1920 -
as 1t undoubtedly is. Is 1t uncommon TO put into acts
OF leg gsaiion touching kindred subjects different or un
like proyisionsi Must all territorial legislation be cast
10 the mould May you not have one set OF pro.
visions Tor one Territory and different set for another
Nay, Is not this often Indispensable You therefore
rive at the conclusion (Which you were determined to
reach anyhow that the eighth section shall be "nope-
rstlve and void, without any II is your sove.
reign will and pleasure. Farther, the words
operative aud void" perfectly expcit What occasion
is there 10 declare their ue intent and meaning ~ Or
10 other WORDS why have you introduced The peroraon,
and why procedure so extraordinary?
Sir, this Is legislation with excuses or apologies
You knew tbs, direct repeal, and IN the ordinary
orm, would give great shock 10 public sentiment in
THE country, and therefore the subject be befogged
and be made TO assume plausible aspect.
Can be po-sDle that honorable and upright gentle
men from the South about TO approve such lndrec-
ton and anhee We know that legislation like the
act OF 1870, has been to them stumbling block and
an offence, and they may he willing TO ge, nd OF
the eighth section |. but II seems 10 that i, would
better teht their character for frankness have the
abrogaon accomplished in the ordinary way, and in sim
pie, PLAIN terms. #.Ta
Mr President in my judgment. the extraordinary pro-
ceedngs here depicted proof conclusive that the in
compatibility which has been set up is all preences
an aieribought The incessant mutations which the
proposed legislation has undergone within brief period
show that you have liked ideas on The subject and
The adoiiness OF the verbiage wb ch you throw around
the only operative clause proves apprehension that
the measure may, after ALL isrn out qu hazardous In.
deed. the whole proceedings have very bad aspect
and unless we willing that The people of this country
should believe that the Senate OF the United States has
ceased TO he the exalted, dgnhed body was formerly
we should reject with Indignation a measure imbued
with such singular, not TO say unworthy, elements
And here, sH must be permitted 10 notice the ma ny
incong notes which the orgsn," published IN this
city, has sounded forth this subject When the hon
orabe chairman asserted IN his report substance that
OF the eighth section and when, shortly after the honor
able senator from Massachusetts Mr. SUMHERl proposed
express reeBacimen OF that section and tie bonora.
BILE senator from Kentucky tNir DxoSl repeal, these
gentlemen were held TO The country representing
irene opinions, and beiLg aclna ed by acous or at
mschieyous antr-savery aeiator and the latter equal
iy nscbieyous pro slavery agator, while the honorab
chairman all that could be moderate just and states
msnlike lie Qt was inslslsd) was pursuing an inter.