New-York daily tribune., 1858-02-23

does not contain any provision Of the kind recon-
mended by Mr.. Buchanan, nullifying that clause OF
it which prohibits any amendment prior to the year
1864, and then only after the consent has been OBJ
tained of two-thrds Of both branches Of the Leg's
bture. The attempt on the part of Congress thus
TO change or modify, on its own mere authority
the provisions Of Constitution submitted to it for
approval, would indeed be novelty. Only one
case 30 far as we know, at all parallel. has ever
occurred before; nor does the course followed then
afford the least cOuntelsnce to that assumption on
the part Of COngress of the power of amendment,
or at least of construction, which Mr. Buchanan
recommends. 1t was on bill authorizing Con-
ventOn to form a State Constitution for Missouri
that the FIRST great Slavery discussion took place,
and il was into this bill that the famous cOmpro-
mise was inserted, prohibiting Slavery IN all the
territory Of the United States north and west OF
Missouri, while leaving the Missouri Convention at
Liberty TO egsze Slavery and ITS continuance with
in the limits of that embryo State. The power OF
legalizing Slavery having been thus yielded up to
he Missouri Convention, its action upon another
question raised in the then excited state Of feeling
at the North a new controversy hardly less
impassioned than that which hsd arisen on
the preceding question Of allowing Missouri to come
in as a Slave State. The Constitution OF Missouri,
as framed and submitted to Congress, contained
clause, then entirely novel, requiring the Legislature
TO frame laws to prevent free cOlored persons from
settling in the State. The free-labor people Of the
North, indignant that Missouri should have been
handed over to the sayeholers through the treachery
of few doughfaces, and having at that time SEN
sibility 10 slight and feeling Of selfrespect as yet
unblunted, regarded this proviso az nothing better
than deliberate bravadO and insult The services
of cOlOred men in the ranks Of the United States
Army had been largely availed of during the late
war with Great Britain, and quite number of
these discharged colored soldiers held bounty-land
warrant, which, under the existing laws. they were
entitled TO locate in Missouri. Free colored persons
otherwise qualified enjoyed in several Of the Free
States and in sayehOdiug States also, all the
privileges of State citizenship AS yet the dOctrpe
of the Dred Scott decision, prOnoaacing persons of
African descent incapable of being citizens Of the
United States, had not been dreamed Of and this
novel provision in the COn.ttutiOn of Missosri was
loudly denounced as contrary to that clause Of the
Federal Constitution which secured to citizens in
each State the privilege of ctizenshpn every State.
The fashion riding rOughshod over every Northern
sentiment and idea bad not then been established
President Monroe scorued to act the part as Bu.
chsnan now does of the President, or rather the
whipperin Of particular sectional interest.
He left the matter to be dealt with by Congress- and
Lowndes of South CarOlma-whO in q contest for
the Speakers chair bad just been defeated by Tsy-
lOr of New-York--as chsirmsn of a committee to
whom the subject had been referred, attempted in.
eenOusy to evade the objections against the clause
above referred to. Instead of resortng to the ex-
treme doctrine that cOlored men cannot be citizens
Of the United States, this report suggested that, d
there was considerable class of free colored per-
sons who could not claim to be citizens of any
State-ths coored population of the South was
generally in that coniition-the clause objected to
in the Missouri Constitution might be- and ought
to be- taken TO relate wholly to them. This, it will
be seen, was fetch quite of Che same character
with that set up BY certain volunteer interpreters
of the LecOmpton Constitution, and which Mr.
Buchanan also patrOnzes-since he seems to have
an inyincble prediction for everything in the
nature of trick or quibble-that the prescrip-
ton in the Lecompton document of particular
method of amendment subsequent to 1864 still
leaves the people at full liberty to amend that IN
strument in any other way prior TO that date. The
majority of the House were however, at that mo.
r.. .,,ht rr-ath ,hoA and in,
spite of this attempt to sugar the pill, rather to
prove that it was nothing but bread and perfectly
innocent, they absolutely declined to swallow it.
But though the msjority of the House were fully
determined that this provision should not stand asa
psrt of the Constitution OF the new State, they
did not arrogate to themselves any power TO eI.
punee anything from that Constitution, to add any
thing 10 il, or even to cOrstrue il. II was pro-
posed by parties wishing to smooth the way for
admission, TO add prOyiso that Congress should
not be understood as asserting to any clause 10 the
Constitution of Missouri if any such there we're,
ip contrayentiOn of the constitutional rights of
citizens of each State to citizenship in all the
States. This. however, was not agreed to- and
the method finally recommended by = Committee,
of which Clay was chairman, and adopted by the
House, was the requis.tiOn of a solemn pledge
from the Legislature Of Missouri that the constitu
ticu shsuld not be construed to authorize the pas
ssye OF any act, and that no act should be passed,
by which any of the citizens Of either of the States
should be excluded from the enjoyment of any Of
the privileges and immunitles to which they are
entitled under the Constitution Of the United
States. AID it was only after the Legislature of
Missouri had met and hsd gwen such pledge
that, under a proclamation OF the President Mis-
sour was finally admitted
Now this. II viii be Observed, was case which