The daily union., 1856-01-27

a..sn Ysk
line VIC had hope Of getting the principles u loou l |
Missouri line Of division sustained oy the ooun onv
alternative all The pe Inc SGaaa 'oO ATTRIBUTES 70
me and those who thus sustained IT. the doctrine .
gess has the general original pomsr 20 ssoiuas
from the Territories Now have said and repeat noiu
IN such doetrine ON the contrary have said TO TINS
House and TO the country everywhere thal ;ais 7.
exercise such power SHOULD n VA h ~,
was the only compromise was for and while STOOD upon
the same principle in 1850, procaimeu 70 .ns NY
that il we did not get iar division sns Uan 10 know
where the gentleman is going 70 stahd ~ sheh eohth
gency? lie thinks do that such an exercise OF power
would be unconstitutional Suppose a majority OF thls
n sboud restore The Missouri restriction and suppose
Il shoud pass the Senate, and receive The executive ap
pspysl what are you going TO az
teman has ampded to-day u the same which he made yes
terday, and am very willing that he should extend the
= Hs STEPHENS The floor is mine, and cannot yield
Il TO the gentleman unless he undertakes to answer my
question. .-..r- q. . J.. #a... -. H.
Mr. STEPHENS Suppose, say, that The restoration o'
the Missouri restriction established, what Is the gentle
man going TO do2 Suppose Congress does exercise ue
power exclude slavery from the Ierritoreswnicn .ne
gentleman thinks violation of the constitut on-whai
Is be going do What measure will he recommend 10
the psopa of the South? What theory of government is
Mr.. ZOLLICOFFER | hold that my friend from Geor-
ga has not the right to make up supposed cases. ana put
a catechsm to npon any wild imaginary hypotheas
the system of catechisng supposed cases lie offered
the resolution declaring that the opinions OF candidates
should be knoEn and followed up by long srng Of
Mr. ZoLLICoFFER win the gentleman permit me to
ask him question 7. ..' :
Mr. STEPHENS Yes, sir, hundred Of them ana
Mr.. ZoLLICOFFER In what clause of the constitution
do you find the power authorizing Congress to make fair
division Of the Territories2
Mr.. STEPHENS, do not find it at ALL
Mr.. ZOLLICOFFER. You have higher law, then, than
the coIstituton2
Mr. STEPHENS, No. sir | do not recognise any high
law than the constitution have said before that the
of the Territories outside OF the consutn
on springng from resulting power incident to the acgul-
sltion, and that fair division was not yioatlVe OF IT,
That is what said. Now answer my question: and VIII
you dozen more you put them to me- My ques-
ton is what will you recommend your people to do pro-
vded The restriction is restored Congress does exer-
else the power OF eecnGiAg the people OF the southern
States from an equal participation in the Territories
Mr.. ZOLLICOFFER will do that which gontbern
loyal and true TO the constitution, should do when
that question arises do not recognise the right OF the
gentleman from Georgia to interrogate me upon supposed
cases which may arise Cpon my record will an
swer and hold iw to his When the time shall come
shall be prepared to act sopthern and national man,
regarding the rights of every section Of this Union Upon
the gentemans record have interrogated him but
have Pu. question to him as to what he would do IN
supposed state Of things which may never happen When
the crisis upon the caany shall be prepared to
South aad devoted to the principles oil the CONSTITUTION
should take. ..- ..a-..
MT Efl1ENS- As Isn1leman nas aHnouHceu 10
the country who The best friends and who the worst
enemies Of the country and that certain of TIE South
in the Senate and in the House though patriotic in their
motives enemies of the South than the abb
oitionss think is but right that the South should be
enlightened what his position would be if the event
have supposed should happen
Mr.. L1LLlC0FFER Do understand the gentleman
to maintain that the South the power and has
used it in prohibiting ssyery from the Territories
Mr. STEPHENS Southern senators and members OF
the House from the South upon this oor did vote for
division upon the line of 36 deg 80 min and they did
unanimously vote to extend 1t to the Pacific They
did it reluctantly alternative for show OF JUS
tice but take it for granted that every Of them did
what he thought right under the circumstances as
the ,esser OF two evils and that none of them thought
they violating the constitution Of the United States
But the gentleman ays that those who thus voted were the
worst enemies of the South.
Mr.. ZOLLICOFFER have stated to the House and
have repeated it again and again. that did not say that
those gentlemen who conceded the constitutional power of
Congress prohibit slavery less patriotic than those
who constrae the constitution do. did say they
enemies Of the South. did say that in my
opinion the theory that the FEDERAL government has the
right to act for the States to be formed out of the Terrific
ries Of the Union in forming their permanent domestic in
stitutons is theory most dangerous to the South and
the dangerous when entertained by gentlemen living
in the South,
Mr.. STEPHENS The gentleman will answer my
question BE it so. Tbe South can judge best who acts
upon a theory most dangerous to hes pteress Ny posi-
ton and Is this: Twas willing to divide eerna-
tive only, but majority of the North would not consent
TO it, and have got the great principle established
in 1850 carried out in the KansasNebraska BILL that Con-
u
against This Is the old southern republican principle
obtained after hard and protracted struggle in 1885, and
say, Congress again exercises the power TO
clude tue South from equal participation In the
mon Territories, southern for resisting It,
The gentleman from Tennessee does say what he would
do in that contingency.
The gentleman Upon my left wishes to ask Eae ques-
ton
Mr. HOWARD. ! understand the gentleman to say that
he in favor of equal diyison because 1t just
and ar lie the Territories being outside OF the
constitution, the giving the whole OF them to part
would be unconstitutional, because unfair.
Mr.. STEPHENS No. sir, did not say "the giving to
the or the other" but "the giving exclusively TO
one.n
Mr.. HOWARD. Was il constitutional TO take from
either Of those parties the share they got upon just
divson2
Mr.. STEPHENS No, sir; aud that was not done-the
North herself would abide by the division contem-
plated. The idea which the line first established In
1920 was, that Missouri should into the Union
slave State and that slavery should be excluded from all
OF the Louisiana purchase north of 90 deg 30 mn with
liberation Of II south Of that line II the people chose But
at the next session Of Congress In 1921 the North voted
Missouri out She denied admission the OF
almost entire North against IT, The North would not
stand by the compromise intended give her exclusive
part The Missouri contemplated division, therefore has
virtually been dead letter from that day to this the
NORTH majority Of her representatives in Congress
padiaed II themselves the South did they stood by
Il in 1921. And In order to whether the North looked
upon 1t and considered u living principle and not
repudaed offer TO comIrorse upon the principle of divis
ion the South proposed in ls4T and in lS4s alter
native in lieu OF the "Wilmot proviso" TO the Oregon BILL
TO abide in good faith by IT, Bat this proposition, voted
for by every southern senator and representative upon this
floor voted down. again aud again, by overwhem
ing majority from the North. They thus repudated IL
the territory which We acquired With onisi-