will find that on the 25th of March of that year I
reported from the Committee on Territories two bills
including the following measures; the admission of
California, a Territorial government for New Mexico,
and the adjustment of the Texas boundary. These
bills proposed to leave the people of Utah and New
Mexico free to decide the slavery question for themselves,
in the precise language of the Nebraska bill now under
discussion. A few weeks afterward the committee
of thirteen took those two bills and put a wafer between
them, and reported them back to the Senate as one bill,
with some slight amendments. One of these amendments
was, that the Territorial Legislatures should not
legislate upon the subject of African slavery.
I objected to that provision upon the ground that it
subverted the great principle of self-government upon
which the bill had been originally framed by the Territorial
Committee. On the first trial, the Senate refused
to strike it out, but subsequently did so, after full
debate, in order to establish that principle as the
rule of action in Territorial organizations. * * *
But my accusers attempt to raise up a false issue,
and thereby divert public attention from the real one,
by the cry that the Missouri compromise is to be repealed
or violated by the passage of this bill. Well,
if the eighth section of the Missouri act, which attempted
to fix the destinies of future generations in those
Territories for all time to come, in utter disregard
of the rights and wishes of the people when they should
be received into the Union as States, be inconsistent
with the great principles of self-government and the
Constitution of the United States. it ought to be abrogated.
The legislation of 1850 abrogated the Missouri compromise,
so far as the country embraced within the limits of
Utah and New Mexico was covered by the slavery restriction.
It is true, that those acts did not in terms and by
name repeal the act of 1820, as originally adopted,
or as extended by the resolutions annexing Texas in
1845, any more than the report of the Committee on
Territories proposed to repeal the same acts this
session. But the acts of 1850 did authorize the
people of those Territories to exercise “all
rightful powers of legislation consistent with the
Constitution,” not excepting the question of
slavery; and did provide that, when those Territories
should be admitted into the Union, they should be
received with or without slavery as the people thereof
might determine at the date of their admission.
These provisions were in direct conflict with a clause
in the former enactment, declaring that slavery should
be forever prohibited in any portion of said Territories,
and hence rendered such clause inoperative and void
to the extent of such conflict. This was an inevitable
consequence, resulting from the provisions in those
acts, which gave the people the right to decide the
slavery question for themselves, in conformity with
the Constitution. It was not necessary to go