The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-06-22


institutions and foreigners, they will probably
adopt the former construction; II the reverse,
the latter construction. Was it this considera-
| ton, conioined with the conviction that the
Federal Executive, being under the controi OF
the Slave Power, would constitute the Judiciary
and Administrative departments OF the Terri
tories 80 as to be in harmony with its purposes,
that reconcied the most ultra Southern MEM
bers Of the Senate to the omission of the Clay
ton amendment
They had forborne to insist upon any provi-
sion, expressly recognising Slavery in the Ter
ritories, or introducing it there, on the ground
that, according to their theory, the Constitu-
ton Of the United States guaranteed the institu-
ton there as we'll as elsewhere; and they had
voted to empower the Territorial Legislatures
to determine the laws and institutions Of the
Territories, subject 10 the Constitution Of tie
United States, leaving this important limitation
to be decided by the judicial authority. They
knew hOlD the Courts GOOltid be constituted, and
therefore did not hesitate to commit this ques-
ton, vitality affecting the interests of Slavery,
to their decision. Opening their eyes to the
fact, that the original Proviso, in the 5th and
23d sections, admitted Of a construction which
would give it the effect of ClaytOn's amend
ment, need we be surprised that they ceased
to insist upon that amendment, and that they
were willing to intrust their interests in the
premises to the same appointees of the Presi-
dent, whom they relied upon to secure free
course to Slavery in the Territories
From this view, it is clear, that the Question
of Liberty, and the Question Of the Rights of
Aliens in the Territories, are both in the last
resort left to the action of ministerial Cficers,
and the decision Of Courts, appointed by the
President, bg and ruth tie adUice and consent
of the SlaUe Pol0er.
1t will not do to tell US that this Proviso is
but a copy of similar Ptoviso in the Oregon
and Minnesota Territorial Bills. Those Bills
were not concocted for political purposes-not
intended to establish principle favorable to
the expansion of Slavery. They were honestly
framed, one of them expressly consecradng
Oregon as free Territory, forever exempt from
Slavery, the other, organizing Minnesota, al
ready exempted from Slavery by the Missouri
Compromise of 1920. Both then being free
Territories by law, the Slave Power was ex-
cluded from all mischief making within their
borders, and its supporters had nothing to gain
by instigating any policy hostile to aliens. Of
course there was no danger that the sinister
construction we have referred to, would ever
be put upon the Proyiso in regard to the voters
in those Territories. But, here is Bill pre-
eminently Pro-Slavery measure, providing
for breaking down instead of erecting an Ordi-
nance against Slavery. clearly intended to al
low that system to obtain foothOld in Nebras-
ka and Kansas; the proceedings in support Of
which, from its inception to its contamination,
are marked by attempts at surprise, contempt
of the will of the People, dOuble-dealing, and
reckless disregard of the rules of Congress.
! To secure their objects more certainly, the
Shareholders, ct first, insist upon an express
Legislative provision for excluding the alien vote
but, finding this may endanger the whole Bill,
they forbear, trusting to the Pro-slavery con-
struction that pro-siayery Courts may give to
this confeIsedly ambiguous Proviso.
! In full view of these circumstances, SO total
! ly different from those connected with the pas
sage of the Oregon and Minnesota Bills are
We to be told that there is no more danger Of
the Proviso, in this pro-slavery measure, being
construed against aliens, than there was of a
similar construction in the anti-slayery Bills
just referred to?
In regard to the act regulating intercourse
with the Indians, &c, that act allows aliens to
90 into any Territory occupied by Indians, only
with passports, from the Secretary Of War,
specifying object, time, &c. This act is still in
| force; was in force in Nebraska and Kansas
before their organization, and is again applied
to them by the following provision of the Ne
braAka- Kansss Bill, found in the 14th section,
also in the 23d:
"That the Constitution and all laws of the
| United States, which are not locally inapplica-
bic, shall have the same force and effect with
in the said Territory Of Kansas, as elsewhere
within the United States except the eighth
section of the act,0 sc.
Here follows the repeal Of the Missouri Com
promise. The same provision exists in the
Nebraska portion of the Nebraska Bill
The Indian Intercourse Act, for excluding
aliens from the Territories is thus renewed in
Nebraska and Kansas. This places the rights
of aliens as to settlement in them, completely
at the mercy Of the Secretary of War. He may
choose to consider as foreigners all who are not
naturalized citizens Of the Unised States, refuse
them passports should they apply for them, or
order a detachment Of United States troops to
guard the Territories against all foreign inm-
grants not naturalizcd, and without passports.
IL is folly to say that he will attempt no such
high-handed proceeding, or that, if he should,
It would avail nothing. There is the law--it
is with Franklin PIERCE and Jefferson Davis to
enforce it-alien immigrants are placed at
their mercy The extension of such q law to
these Territories is disgraceful.
In view of all these facts and considerations.
is there not an obvious propriety in the Bill of
which Mr.. Mace has given notice in the House,
and which We again submit? Let us see how
many are in favor of committing to the Courts
of the Territories the question of the right of
suffrage, and to the President and Secretary of
War the question of the right Of settlement in
Territories, by aliens.
Bill TO explain and define the meaning of certain
provisions of the entitled An act to organize
the Territories OF Nebraska and Kansas" and to
repeal a part thereof.
I" Be ii enacted By the Senate and House of
Representatives. of the United States of AmericG,
an Congress assembled, That qualifications for
holding Office or exercising the right of suffrage
In said Territories shall be the same at each
subsequent as at the first election, unless alter
ed by the Legislative power of the Territory