ere, while others claimed that the
Mexican law became inoperative at the moment of acquisition, and that
slave-holders could take their slaves into the Territory and hold
them there under the provisions of the Constitution. The Territorial
Compromise acts, as the committee tell us, steered clear of these
questions. They simply provided that the States organized out of these
Territories might come in with or without slavery, as they should elect,
but did not affect the question whether slaves could or could not be
introduced before the organization of State governments. That question
was left entirely to judicial decision.
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 Did they suggest that it had been superseded?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
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