Presidential Candidates:. David W. Bartlett

Чтение книги онлайн.

СКАЧАТЬ a territorial government, the people were allowed to do as they pleased upon the subject of slavery, subject only to the limitations of the Constitution of the United States. Now, what is the inference from that legislation? That slavery was, by implication, recognized south of the thirty-third parallel; and north of that, the people were left to exercise their own judgment and do as they pleased upon the subject, without any implication for or against the existence of the institution.

      "This continued to be the condition of the country in the Missouri territory up to 1820, when the celebrated act which is now called the Missouri Compromise act was passed. Slavery did not exist in, nor was it excluded from the country now known as Nebraska. There was no code of laws upon the subject of slavery either way: First, for the reason that slavery had never been introduced into Louisiana and established by positive enactment. It had grown up there by a sort of common law, and been supported and protected. When a common law grows up, when an institution becomes established under a usage, it carries it so far as that usage actually goes, and no further. If it had been established by direct enactment, it might have carried it so far as the political jurisdiction extended; but, be that as it may, by the act of 1812, creating the territory of Missouri, that territory was allowed to legislate upon the subject of slavery as it saw proper, subject only to the limitations which I have stated; and the country not inhabited or thrown open to settlement was set apart as Indian country and rendered subject to Indian laws. Hence, the local legislation of the State of Missouri did not reach into that Indian country, but was excluded from it by the Indian code and Indian laws. The municipal regulations of Missouri could not go there until the Indian title had been extinguished and the country thrown open to settlement. Such being the case, the only legislation in existence in Nebraska territory at the time that the Missouri act passed, namely, the 6th of March, 1820, was a provision, in effect, that the people should be allowed to do as they pleased upon the subject of slavery.

      "The territory of Missouri having been left in that legal condition, positive opposition was made to the bill to organize a state government, with a view to its admission into the Union; and a senator from my State, Mr. Jesse B. Thomas, introduced an amendment, known as the eighth section of the bill, in which it was provided that slavery should be prohibited north of 36° 30' north latitude, in all that country which we had acquired from France. What was the object of the enactment of that eighth section? Was it not to go back to the original policy of prescribing boundaries to the limitation of free institutions, and of slave institutions, by a geographical line, in order to avoid all controversy in Congress upon the subject? Hence, they extended that geographical line through all the territory purchased from France, which was as far as our possessions then reached. It was not simply to settle the question on that piece of country, but it was to carry out a great principle, by extending that dividing line as far west as our territory went, and running it onward on each new acquisition of territory. True, the express enactment of the eighth section of the Missouri act, now called the Missouri Compromise act, only covered the territory acquired from France; but the principles of the act, the objects of its adoption, the reasons in its support, required that it should be extended indefinitely westward, so far as our territory might go, whenever new purchases should be made.

      "Thus stood the question up to 1845, when the joint resolution for the annexation of Texas passed. There was inserted in that a provision, suggested in the first instance and brought before the House of Representatives by myself, extending the Missouri Compromise line indefinitely westward through the territory of Texas. Why did I bring forward that proposition? Why did the Congress of the United States adopt it? Not because it was of the least practical importance, so far as the question of slavery within the limits of Texas was concerned; for no man ever dreamed that it had any practical effect there. Then, why was it brought forward? It was for the purpose of preserving the principle, in order that it might be extended still further westward, even to the Pacific Ocean, whenever we should then acquire country that far. I will here read that clause in the joint resolution for the annexation of Texas. It is the third article, second section, and is in these words:

      "'New States, of convenient size, not exceeding four in number, in addition to said State of Texas, having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof which shall be entitled to admission under the provisions of the Federal Constitution. And such States as may be formed out of that portion of said territory, lying south of 36° 30' north latitude, commonly known as the Missouri Compromise line, shall be admitted into the Union with or without slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory north of said Missouri Compromise line, slavery or involuntary servitude (except for crime) shall be prohibited.'

      "It will be seen that that contains a very remarkable provision, which is, that when States lying north of 36° 30' apply for admission, slavery shall be prohibited in their constitutions. I presume no one pretends that Congress could have power thus to fetter a State applying for admission into this Union; but it was necessary to preserve the principle of the Missouri Compromise line, in order that it might afterward be extended, and it was supposed that while Congress had no power to impose any such limitation, yet, as that was a compact with the State of Texas, that State could consent for herself, that, when any portion of her own territory, subject to her own jurisdiction and control, applied for a constitution, it should be in a particular form; but that provision would not be binding on the new State one day after it was admitted into the Union. The other provision was, that such States as should lie south of 36° 30' min. should come into the Union with or without slavery, as each should decide, in its constitution. Then, by that act, the Missouri Compromise was extended indefinitely westward, so far as the State of Texas went, that is, to the Rio del Norte; for our Government at the time recognized the Rio del Norte as its boundary. We recognized it, in many ways, and among them by even paying Texas for it, in order that it might be included in and form a portion of the territory of New Mexico.

      "Then, sir, in 1848, we acquired from Mexico the country between the Rio del Norte and the Pacific Ocean. Immediately after that acquisition, the Senate, on my own motion, voted into a bill a provision to extend the Missouri Compromise indefinitely westward to the Pacific Ocean, in the same sense and with the same understanding with which it was originally adopted. That provision passed this body by a decided majority, I think by ten at least, and went to the House of Representatives, and was defeated there by northern votes.

      "Now, sir, let us pause and consider for a moment. The first time that the principles of the Missouri Compromise were ever abandoned, the first time they were ever rejected by Congress, was by the defeat of that provision in the House of Representatives in 1848. By whom was that defeat effected? By northern votes with free soil proclivities. It was the defeat of that Missouri Compromise that reopened the slavery agitation with all its fury. It was the defeat of that Missouri Compromise that created the tremendous struggle of 1850. It was the defeat of that Missouri Compromise that created the necessity for making a new compromise in 1850. Had we been faithful to the principles of the Missouri Compromise in 1848, this question would not have arisen. Who was it that was faithless? I undertake to say it was the very men who now insist that the Missouri Compromise was a solemn compact, and should never be violated or departed from. Every man who is now assailing the principle of the bill under consideration, so far as I am advised, was opposed to the Missouri Compromise in 1848. The very men who now arraign me for a departure from the Missouri Compromise are the men who successfully violated it, repudiated it, and caused it to be superseded by the compromise measures of 1850. Sir, it is with rather bad grace that the men who proved false themselves should charge upon me and others, who were over faithful, the responsibilities and consequences of their own treachery.

      "Then, sir, as I before remarked, the defeat of the Missouri Compromise in 1848 having created the necessity for the establishment of a new one in 1850, let us see what that Compromise was.

-

      "Mr. President, I repeat that so far as the question of slavery is concerned, there is nothing in the bill under consideration which does not carry out the principle of the compromise measures of 1850, by leaving the people to do as they please, subject only to the provisions of the СКАЧАТЬ