Year: 1861




of both being the same, supported each in turn
as a means of attaining desirable end


After the compromise measures of 1880 had
become the law of the land, those who had OPP
posed their enactment appealed TO their cOnstitu-
ents TO sustain them in their opposition, and
implored them not to acquiesce in the principles
upon which they were founded, and TO never
cease to war upon them until they should be an
nulled and effaced from the statute book. The
contest before the people was fierce and bitter,
accompanied sometimes by acts of violence and
but fortunately, Mr.. Clay lived
long enough to feel and know that his last great
efforts for the peace of the country and the per
petuity of the Union-the crOwning acts OF
brilliant and glorious career in the public service
had met the approval and received the almost
unanimous Endorsement of his grateful country
men. The repose which the country was per-
mitted to enjoy for a brief period proved to
be temporary truce in the sectional conflict,
and not a permanent pence upon the slavery
question. The purpose of reopening the agi-
tation for congre essional prohibition of slavery
in all the Territories whenever an OppOrtu-
ntv or excuse could be had. seems never to have
been abandoned by those who originated the
scheme for partisan purposes, in 1919, and were
baffle1 in their designs by the adoption of the
Missouri COMPROMISE in 1920: and who renewed
the attempt in lS4S, but were again doomed to
suffer a mOrtifying defeat in the adoption of the
compromise measures of 1850. The opportunity
and pretext for renewing the agitation was dis
covered by those who have never abandoned the
design when il became necessary, in 1c54, to pass
tho necessary laws for the organization of the
Territories of Kansas and Nebraska. The ne
cessity for the organization of these Territories.
in order to open and protect the routes of emigra-
on and travel to California and Oregon could
be denied. The measure could not be postponed
longer without endangering the peace of the from
tier settlements, and incurring the hazards of an
Indian war, growing ont of the constant COLI
siOns between the emigrants and the Indian tribes
through whose country they were compelled to
pass


Early in December. 1883, Senator Dodge, of
Iowa. introduced bill for the organization of the
Territory of Nebraska, which was referred to the
Committee on Territories, of which was chair
man. The committee did not volunteer their
services on the occasion. The bill was referred
to Us by the vote of the Senate, and our action
was in discharge of plain duty imposed upon us
by an express command of the body.


The first question which addressed itself to the
calm aad deliberate consideration of the commit
tee was: upon what basis shall the organization
of the territory be formed. Whether upon the
theory of a geographical line and an equitable
partition of the territory in accordance with the



by its supporters, not from choice, but from our
inability to carry il out; or upon the principle OF
non-intervention and popular sovereignty, ac
cOrding to the compromise measures of 1890,
which had taken the place of the Missouri COM
promiseg


The committed, upon mature deliberation, and
with great unanimity decided that all future ter
ritoral organizations should be formed upon the
principles and model of the compromise meas
ures of 1850, inasmuch as in the recent Presden-
tal election e52) both of the great political par
ties of the country, (Whig and Democratic oil
which the Senate was composed stood pledged to
those measures a substitute for the act of 1870
and the committee instructed me, as their organ
to prepare report and draft a substitute for Mr.
Dodge's bill in accordance with these views.
will now read from the record, at the hazard OF
being somewhat tedious, in order that the Senate
and the country may judge with what fidelity
performed this duty:


January 4th, 1854, Mr Douglas made the following
port:


he Committee on Territories to which was referred
bill for an act to establish the Territory of Nebraska have
given the same that serious and deliberate consideration
which its great importance demands, and beg leave
port it back the Senate with various amendments il
the form OF a substitute for the bill


'The principal amendments which your committee deem
II their duty commend the favorable action th,
Senate in special report, those in which the pnc
Piles established by the compromise Of 1850
applicable
proposed to be affirmed and carried into practical opera
tion within the limits of the new Territory.


The wisdom Of those measures is ateSted not less by
their salutary and beneficial effects in aayng
agitation and restoring peace harmony TO an rrtateC
and distracted people, than by the cordial and almost
verSal appreciation with which they have been received
and sanctioned by the whole country In the judgment
your committee those measures were intended TO have
far comprehensive and enduring effect than the
adjustment Of the difficulties arising out Of the recent
QUESTION of Mexican territory. They designed Il
establish certain principles. which would on
furnish adequate remedies for existing evils but in al
time 10 come AVOID the perlS OF similar agitation, b.
Withdrawing the question Of slavery from the halls
Congress and the political and committing il TO th
arbitramen of those who are Immediately interested in
and alone responsible for, its consequences. With tn
view Of conforming their action what they regard tn
settled policy Of the Government sanctioned by the ap
proving voice Of the American people, your commite
have deemed it their duty incorporate and perpetual
in their territorial bills the principles and spirit Of hos
measures


After reviewing the provisions of the legisla
ton of 1880, the committee conclude ms follows


From these provisions II Is apparent that the compro
mise measures Of 1850 affirm and upon the foOwin


First That all questions pertaining to slavery in tn
Territories and in the States be formed therefrou
be left the decision people residing
by their appropriate representatives to be chosen by theI
for that purpose.


second, That aIl cases involving title to slaves an
questions Of personal freedom, referred the adu
dcaon Of the local tribunals with the right appeal
the Supreme Court Of the United States.


Third, That the provisions OF the Constitution Of h
United States in respect ugitives from service
carried into faithful execution in all the Terrific
ries, the same as in the States.


.'The substitute for the bill which your committee hav
prepared and which is commended the favorable acto
of the Senate, proposes to carry those propositions
principles into practical operation in the precise anguae
Of the compromise measures Of 1s50.''


No sooner was this report and bill printed an
laid upon the tables of Senator'S than an addres
was prepared and issued over the signatures
those party leaders who had always denounce
:" the Missouri Compromise as a crime again:
freedom, and compact with infamy," in whic
the bill was " arraigned as gross violation of
sacred pledge" "as criminal betrayal of DIT,
cious rights" and the report denounced as ="
mere invention, designed to cover up from publ
reprehension mediated bad faith"


The Missouri Compromise was " infamous,
in their estimation, so long as il remained upo
the statute book and was carried out in goo
faith, as means of preserving the peace of Il
country and preventing the slavery agitation
Congress. But it suddenly became sacre
pledge" a Z" solemn compact for the preservatio
of precious rights the moment they had SUI
ceeded in preventing its faithful execution and
causing it to be abandoned when il ceased to
an impregnable barrier against slavery agitatic
and sectional strife. The bill against which Il
hue and cry was raised, and the crusade preaehe
did not contain a word about the Missouri con
promise, nor i'm any manner refer to it, 1t simp
allowed the people of the Territory to legisla
for themselves on all rghtful subjects of legisl
ton, and left them free to form and reguIa
their domestic institutions in their own way, SUI
ject only TO the Constitution. So far as the Nj
souri, act, or any other statute, might be suppose
10 conflict with this right of self government
the Territories, ii was by inference, rendered nu
and void TO that extent, and for no other purpos
Several weeks afterward, when a doubt was su
gested whether, under the bill "a it stood, =
people of the Territory would be authorized


exercise the right of se't-govenment upon d
slavery question, during the eristence Of ihe Te


ritOrial government an amendment was adopte


on my motion, for the sole and avowed purpo


of removing that doubt and securing that rich
in accordance with the compromise measures


1850, as stated by me and reported in the debat


at the time. The amendment will be found


the fourteenth section of the act, and is as fC
| lows:


That the Constitution and all laws Of the United stat


force and effect within the said Territory of Nebraska


elsewhere within the United States except the eighth


tion Of act preparatory to the admission of Msso


into the Union, approved March g. lS20. which, being


consistent With the principle Of non-ntererence by CO


gess with slavery in the States and Territories as recc


nzed by the legislation of 1850 commonly called the CO.


promise measures Is hereby declared noperatve and


tbeng the true intent and meaning of this le
1ara II. into p