American Eloquence, Volume 3: Studies In American Political History (1897) — John Shaqi
American Eloquence, Volume 3: Studies In American Political History (1897)
History
American Eloquence, Volume 3: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
Well, sir, what did the committee propose to do with the Nebraska
Territory? In respect to that, as in respect to the Mexican Territory,
differences of opinion exist in relation to the introduction of slaves.
There are Southern gentlemen who contend that notwithstanding the
Missouri prohibition, they can take their slaves into the territory
covered by it, and hold them there by virtue of the Constitution. On the
other hand the great majority of the American people, North and South,
believe the Missouri prohibition to be constitutional and effectual.
Now, what did the committee pro-pose? Did they propose to repeal the
prohibition? Did they suggest that it had been superseded? Did they
advance any idea of that kind? No, sir. This is their language:
"Under this section, as in the case of the Mexican law in New Mexico
and Utah, it is a disputed point whether slavery is prohibited in the
Nebraska country by valid enactment. The decision of this question
involves the constitutional power of Congress to pass laws prescribing
and regulating the domestic institutions of the various Territories
of the Union. In the opinion of those eminent statesmen who hold that
Congress is invested with no rightful authority to legislate upon the
subject of slavery in the Territories, the eighth section of the act
preparatory to the admission of Missouri is null and void, while the
prevailing sentiment in a large portion of the Union sustains the
doctrine that the Constitution of the United States secures to every
citizen an inalienable right to move into any of the Territories with
his property, of whatever kind and description, and to hold and
enjoy the same under the sanction of law. Your committee do not
feel themselves called upon to enter into the discussion of these
controverted questions. They involve the same grave issues which
produced the agitation, the sectional strife, and the fearful struggle
of 1850."
This language will bear repetition:
"Your committee do not feel themselves called upon to enter into the
discussion of these controverted questions. They involve the same grave
issues which produced the agitation, the sectional strife, and the
fearful struggle of 1850."
And they go on to say:
"Congress deemed it wise and prudent to refrain from deciding the
matters in controversy then, either by affirming or repealing the
Mexican laws, or by an act declaratory of the true intent of the
Constitution and the extent of the protection afforded by it to slave
property in the Territories; so your committee are not prepared now
to recommend a departure from the course pursued on that memorable
occasion, either by affirming or repealing the eighth section of
the Missouri act, or by any act declaratory of the meaning of the
Constitution in respect to the legal points in dispute."
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