further and declare that certain previous enactments,
which were incompatible with the exercise of the powers
conferred in the bills, are hereby repealed. The
very act of granting those powers and rights has the
legal effect of removing all obstructions to the exercise
of them by the people, as prescribed in those Territorial
bills. Following that example, the Committee on
Territories did not consider it necessary to declare
the eighth section of the Missouri act repealed.
We were content to organize Nebraska in the precise
language of the Utah and New Mexico bills. Our
object was to leave the people entirely free to form
and regulate their domestic institutions and internal
concerns in their own way, under the Constitution;
and we deemed it wise to accomplish that object in
the exact terms in which the same thing had been done
in Utah and New Mexico by the acts of 1850. This
was the principle upon which the committee voted;
and our bill was supposed, and is now believed, to
have been in accordance with it. When doubts
were raised whether the bill did fully carry out the
principle laid down in the report, amendments were
made from time to time, in order to avoid all misconstruction,
and make the true intent of the act more explicit.
The last of these amendments was adopted yesterday,
on the motion of the distinguished Senator from North
Carolina (Mr. Badger), in regard to the revival of
any laws or regulations which may have existed prior
to 1820. That amendment was not intended to change
the legal effect of the bill. Its object was to
repel the slander which had been propagated by the
enemies of the measure in the North—that
the Southern supporters of the bill desired to legislate
slavery into these Territories. The South denies
the right of Congress either to legislate slavery
into any Territory or State, or out of any Territory
or State. Non-intervention by Congress with slavery
in the States or Territories is the doctrine of the
bill, and all the amendments which have been agreed
to have been made with the view of removing all doubt
and cavil as to the true meaning and object of the
measure. * * *
Well, sir, what is this Missouri compromise, of which
we have heard so much of late? It has been read
so often that it is not necessary to occupy the time
of the Senate in reading it again. It was an act
of Congress, passed on the 6th of March, 1820, to
authorize the people of Missouri to form a constitution
and a State government, preparatory to the admission
of such State into the Union. The first section
provided that Missouri should be received into the
Union “on an equal footing with the original
States in all respects whatsoever.” The
last and eighth section provided that slavery should
be “forever prohibited” in all the territory
which had been acquired from France north of 36 deg.
30’, and not included within the limits of the
State of Missouri. There is nothing in the terms
of the law that purports to be a compact, or indicates
that it was any thing more than an ordinary act of
legislation. To prove that it was more than it
purports to be on its face, gentlemen must produce
other evidence, and prove that there was such an understanding
as to create a moral obligation in the nature of a
compact. Have they shown it?