The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-05-29

by their concurring votes upon a reluctant North
AT the time 1t was hailed by shareholders as a
victory. Charles Pinckney, of South Carolina, in
an ot-quoted letter. written at three clock on the
night OF its passage, says, 1t is considered here
by the slaveholding States as a great triumph"
AT the North it was accepted as defeat, and the
friends OF Freedom everywhere throughout the
country bowed their heads with modification.
But little did they know the completeness of their
disaster. Little did they dream that the prohibi-
ton OF Slavery in the Territory, which was stip-
ulated as the price of their fatal capituation,
would also at the very moment of its maturity
be wrested from them
Time passed, and it became necessary to pro-
vide for this Territory an organized Government
Suddenly, without notice in the public press, or
the prayer of a single petition, or one word of
open recommendation from the President-after
an acquescence of thirty-three years. and the
rreclaimable possession by the South fits special
share under this compromises violation of
every obligation of honor, compact, and good
neighborhOod-and in contemptuous disregard of
the out-gushing sentiments of an aroused North,
this time-honored prohibition, in itself Land
mark OF Freedom, was overturned, and the VAST
region now known as Kansas and Nebraska was
opened to Slavery. 1t was natural that a meas
ure thus repugnant in character should be pressed
by arguments mutually repugnant. twas urged
sstent as to slap each other in the face--one be-
ing that, by the repeal Of the prohibition, the
Territory would be left open TO the entry Of slave
holders with their slaves, without hindrance and
the other being that the people would be left
absolutely free to determine the question for
themselves, and to prohibit the entry of slave
holders with their slaves, if they should think
best. With some, the apology was the alleged
rights of shareholders; with others, it was the
alleged rights of the people. With some, it was
openly the extension of Slavery; and with others,
it was openly the establishment of Freedom, un-
der the guise of Popular Sovereignty OF course,
the measure thus upheld in defiance Of reason,
was carried through Congress in defiance of all
the securities of legislation; and mention these
things that you may see in what foulness the
present Crime was engendered.
1t was carried, Jfrst 10y achpping in to its sup
port, through Executive influence and patron
age men who acted against their own declared
judgment and the known will of their constltu-
ents. Secondly, by foisting out Of place, both in
the Senate and House of Representatives, i'm
portant business, long pending, and usurping its
room. Thirdly, by trampting under foot the rules
of the House of Representatives always before
the safeguard of the minority. And fourthly,
by driCng IL to close during the very session in
which it originated, so that il might not be ar
rested by the indignant voice Of the People.
Such are some of the means by which this snap
Judgment was obtained. If the clear will of the
People had not been disregarded, it could not
have passed. If the Government had not nefa-
riously interposed its influence, it could not have
passed If it had been left to its natural place
in the order of business, it could not have pass
ed. If the rules of the House and the rights
of the minority had not been violated it could
not have passed. If it had been allowed to go
over to another Congress, when the People might
be heard, it would have been ended and then
the Crime now deplore, would have been
without its first seminal life.
Mr.. President, Imean to keep absolutely within
the limits of parliamentary propriety. l make no
personal imputations but only with frankness,
such as belongs to the occasion and my own char
acter, describe great historical act which is now
enrolled in the Capitol. Sir, the Nebraska Bill
was in every respect swindle. 1t was swim
die by the South of the North. 1t was, on the
part of those who had already completely en-
joyed their share of the Missouri Compromise, a
swindle of those whose share was yet absolutely
untouched and the plea of unconstitutionality
set up-like the plea of usury after the borrowed
money has been enjoyed-did not make it less a
swindle. Urged as Bill of Peace, it was a
swindle of the whole country. Urged as OPEN
ing the doors to slave-masters with their slaves,
1t was swindle of the asserted doctrine of Popu-
lar Sovereignty. Urged as sanctioning Popular
Sovereignty, it was swindle of the asserted
rights of save-masters. 1t was a swindle of
broad territory, thus cheated of protection against
Slavery. 1t was a swindle of great cause, early
espoused by Washington, Franklin and Jeffer-
son, surrounded by the best fathers of the Re-
public Sir, it was swindle of God-given in
alienable Rights. Turn it over; look at it on
all sides, and it is everywhere a swindle; and, if
the word now employ has not the authority of
classical usage it has, on this occasion, the in
dubitable authority of fitness. No other word
will adequately express the mingled meanness
and wickedness of the cheat
Its character was still further apparent in the
general structure of the bill. Amidst overflow
ing professions of regard for the sovereignty of
the people in the Territory, they were despoiled
of every essential privilege of sovereignty They
were not allowed to choose their Governor, Sec
rotary Chief Justice, Associate Justices Attorney
or Marshal-all of whom are sent from Washing
ton nor were they allowed to regulate the sala-
ries of any of these functionaries, the daily
allowance of the legislative body, or even the
pay of the clerks and doorkeepers; but they were
left free to adopt Slavery. And this was called
Popular Sovereignty Time does not allow, nor
does the occasion require, that should stop
to dwell on this transparent device to cover
transcendent wrong. Suffice it to say, that
Slavery is in itself arrogant denial of HUI
man Rights, and by no human reason can the
power to establish such a wrong be placed
among the attributes of any just sovereign
ty In refusing it such a place, | do not deny
popular rights, but uphold them do not re-
strain popular rights, but extend them. And, sir,
to this conclusion you must yet come, unless
deaf, not only to the admonitions of political
Justice, but also to the genins of our own Con-
stitution, under which, when properly inter-
preted, no valid claim for Slavery can be set up
<ba Nat
from Michigan I Mr.. CAss may say, in response
to the Senator from Mississippi, Mr.. BRowN,
that Slavery cannot go into the Territory under
the Constitution, without legislative introduce
ton and permit me to add, in response to both
that Slavery cannot 60 there at all. Nothing can
come out of nothing and there is absolutely moth
ing in the Constitution out of which Slavery can
be derived, while there are provisions, which,
when properly interpreted, make its existence
anywhere within the exclusive National jurisdic-
ton impossible.
The offensive provision in the bill was in its
form legislative anomaly, utterly wanting the
natural directness and simplicity Of an honest
transaction. 1t did not undertake openly to re-
peal the old Prohibition of Slavery, but seemed
to mince the matter as if conscious of the swim
de- It said that this Prohibition, "being incon-
sistent with the principle of non-intervention by
Congress with Slavery in the States and Terri
tories, as recognised by the legislation of 1850,
commonly called the Compromise Measures, is
hereby declared imperative and void" Thus,
with insidious ostentation, was it pretended that
an act violating the greatest compromise Of our le-
gislatve history and setting loose the foundations
of all compromise, was derived out of a compro-
mise Then followed in the Bill the further decla-
ration, which is entirely without precedent, and
which has been aptly called a stump speech in
its belly" namely: it being the true intent and
meaning of this act, not to legislate Slavery iato
any Territory or State, nor to exclude it the re-