The daily union., 1854-03-02
CONGRESSIONAL.
DEFERRED DEBA
TUESDAY, FEBRUARY 81, 1854.
SENATE.

TUESDAY, FEBRUARY 81, 1854.
SENATE.
TERRITORY OF NEBRASKA.
The Senate resumed the consideration of the bill to or
sanlze the Territory of Nebraska.
MT CASS Mr. President | am under obligations TO
he honorable senator from Massachusetts,, MIR. Sum
sya who s entitled TO the hoor for allowing 70 adj
dress the Senate for a few minutes this morning. and
ale last evening when submitted my remarks, and
was so unwilling to delay the Senate, That omitted
or two important points which desired to notice shall
now do it, But As the senator from Indiana Mr.. PETTIT]
|, not in his seat shall make personal allusion 10
n but shall conhnc myself strictly 10 the subject pro-
POSE TO consider
Mr. President for some years we have heard great
deal SAID about what called the Fundamental articles
al compact BY which governments for the territory north
west OF the Ohio were originally instituted, and good
them What were they Having lived under territorial
government in that region dunng many yeas OF my life
he history oil the organization OF these political commu
mites ia perfectly familiar to me- The Congress of the
ad confederation, l7s7 passed law establishing the
Northwestern Territory. 1t yled ordinance, and
many have supposed that il derived peculiar soemny
from the use of that But it is mistake Be it or
dained &c, the formula of enactment before the
constitution, and this ordinance had validity
han the usual acls Of the old Congress 1t has been sup.
posed, too, that the whole OF this act constituted
pact That is equal error. Much the larger portion
Of is occupied vii the necessary details esab fishing
government and for the appointment of its officers, and
prescribing the mode oi its administration Five sections
Or articles OF il are declared to be forever binding upon
he people and States OF the Union then existing and
on the people and States to be formed in the north
western region, and to be nepealable but by common
consent.
Now sir, what is compact have Just adverted to
the Dctonary--to the old and standard English lex-
|cographerto ascertain its meaning, and here 1t s "a
compact ia contract, accord agreement be-
tween more to do or forbear some thing" Now,
sir applying this definition 10 the before us, let
inquire who were the two or more" parties OF per-
by whom this contract was made! 1t will be hard
to find them The law was passed. as have said by
The Congress OF the Old confederation and there never
act any other party 10 this compact, is there
any pre,ex, for it. What did they undertake TO do
They undertook 10 establish five articles containing
rous provisions OF more less importance, affecting the
rights and interests OF the people then occupying, who
might in all time TO come occupy, the region over which
the ordinance extended. And they declared that they
should be altered except in The mode pointed out
And will any man seriously contend that that is COM
pact What other party was there 10 IL There were
some thousands OF people then living that country,
not one OF whom heard OF this contract which for
ever 10 bind them until years and years after lis promui
CATION 1t is an insult TO common sense TO say that they
and their postery bound by such one-sded insu
men as that The French settlements upon the Wa
basb the Illinois country, and in the region around
Detroit, at Michillmacknac al Green Bay, al Prairie du
Chen contained large popuatlon and, besides these,
there not few American citizens scattered through
the country and question put TO them whether
they approved or disapproyed this covenant thenceoh
10 bind them
gons, how could compact be established which
forever TO operate upon the people and States thereafter
10 exist there when provision made Tor submit
ting TO their assent under any circumstances any
future time II IL evident, SIR that II Is idle 10 talk oil
The obligatory nature 0! compact thus declared to be
such By one party, without the existence OF any other
party at the time, and withoG, any arrangement for pro-
curing its when such party should into
existence This ordinance is destitute OF the first essence
Of mutual obligation.
But sir independent of the fatal objection OF the want
nf ltp hat,
he want OF power Nothing is certain than that
The Congress OF the confederation had not the slightest
authority TO establish territorial governments; and there
Is who will turn TO the articles OF confederation
and examine them, who will have the least doubt upon
The subject
Mr Madison said in speaking upon this subject, /" all
ganzed, &c without the least color of constitutional
authority" And hr. Adams said /" that the ordinance
Of 1857 had been passed by the old Congress OF the
! federation withou, authority from the States" &c
Then there were neither parties 10 this so-called COM
pact nor power 10 establish II. And yet called
upon, with confidence that aefy argument or
inquiry TO pronounce these five articles rrepealabe and
Ssdng and at all times hereafter upon the people
north OF the Ohio. What they, these fundamental
saacimenls They contained various provisions very
proper in themselves but just such provisions every
poIcal community enjoying the tighs OF self-govern-
men should be left TO regulate for themselves. They
provided for judicial proceedings according 10 the com
mon law tor the benefit OF the writ OF habeas eorpss,
1ghl OF trial by jury and for other objects OF similar
Now viii any man venture 10 cay that the people OF the
State north oil the Ohio forever precuded, in the
progress OF time and Improvement, from substituting
some other law for The old English common law hope
not Tor hold II in great respect Cannot the writ oil
sb0s corpus be changed and other mode adopted
Tor the security of human liberty And so with re.
spect 10 the other provisions in relation TO this subject
No right feeling man. with his just proportion OF State
pde State Justice, indeed, can contend that tbe people
Of bis State are always TO be marked with this badge o.
inIerioriiy and must ask the permission OF the OLD
States TO make changes in their institutions which they
may deem essential TO their prosperity.
The senator from Illinois tMr. DouGlAsl told us The
other dsyproved 10 indeedhat his State had rec
gnised the existence Of slavery, Notwithstanding its
eternal Introduction In the ordinance OF 17s7. And
never heard I'LL recently, that the power OF the othe
north western States 10 do the same thing doubted o
denied II they cannot, by Their conventions, regulate
the condition OF slavery as they please they have not
Just political equality IN the Union. say political equa
W for that 10 very different qseson from the power 10
seize The property OF the United States, which is sough
TO be made a test oil equality
But look at another circumstance One of these fun
dmena articles OF compact provided that there should
three Siser a; least formed out of the Northwestern
Territory, with permission TO Congress 10 make two o,he
haies al their discretion, being five IN the whole Now
What is the fact You exhausted your power under h
article when you established Wisconsin, for that made
he hith State north OF the Ohio And yet you have
gone on and established another Territory, Minnesota
occupying large portion of this very region, and VIII
an eventual right Of admission into the Union thus ma
King sixth State in the Northwest. The chairman o
The Judiciary Committee. Mr.. Berren, ] think !
was, one OF the most respectable lawyers and states
men That ever sat in this body, when the Minneso'
h was up Tor considerations said the objection hat
oeen made 10 committee, bat that four ont OF hv'
NE members thought ], entitled 10 no weight
and 20 thought The Senate, for the bill passed, an'
passed, too, with full knowledge OF the matter Ant