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THE BELMONT CHRONICLE.
AND FARMERS, MECHANICS, AND MANUFACTURERS' ADVOCATE.
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POETRY.
NIGHTFALL.
BY THOMAS BUCHANAN READ.
I saw in the silent afternoon
The overladen lun go down, ,
While in the opposing sky the moon,
Between the ateeples of the town,
Went upward, like a golden scale (
Outweighed by t hut which sank beyond;
And over the river, and over the tale, j
With odora from the lily-pond,
The purple vapors' calmly swung; s
And gathering in the twilight trees, t
The many vesper minstrels sung v
Their plaintive mid-day memories, (
Till, one by one, they dropped away
From music into si umbel deep; t'
And now the vory woodlands lay p
Folding their shadowy wings in sleep C
Oh, Peace! that like a vesper psalm
Hallows the da light at its close; '
Oh, Sleep! that like the vapor's calm "
MaHtles the spirit in repose,-1- N
Through all the twilight tailing dim.
Through all the song which passed away,' .
Ye did not stoop your wings to him
Whose shallop on, the river lay,
Without in oar, without ft helm; Q
His great soul in his marvellous eyes n
Gating on from realm to realm
Through all the w.irld of mysteries! 7 ll
MISCELLANEOUS.
THE MEXICAN TREATY.
The treaty concluded with Mexico, by Mr. te
Gadsden, and now pending in the Senate, hat tn
found its way into the papers. We take the ty
following synopii, of its provisions from the er
New York Commercial. of
Article first, defines the boundaries of the er
two republic, the present dividing line be- of
tween the two Californias, fixed by the treaty re
of Guadalupe Hidalgo, being retained. From at
tbt point where that line strikes the river be
Colorado,the limits between the two republic; be
shall proceed along the middle of the deepest of
channel of that river to a point distant two
marinejleagues, to the most Northern part of pc
the Gulf of California; thence in a right line m
to the intersection of the 3lst parallel of
latitude North, with one hundred and eleven er
degrees longitude Westof Greenwich; thence pt
Another fight line to thirty-one degrees, forty fa
even minutcs.thirty seconds of North latitude ci
where the tame will cross the boundary line, ( es
descending the Rio Grand:, or Bravo del gi
Nofte, to the Gulf of Mexico, as defined in cc
the fifth article of the treaty of Guadalupe. fl
Should the line described traverse the Lake vi
Guzman, it shall be broken so as to form an pr
ingle at point distant one marine league w
South of the most Southern part of that lake, fr
Each Government to appoint a surveying ut
commissioner. The President does not re- w
commend any amendment to this section. Cc
Article second abrogates the eleventh ar- Ve
tide of the treaty of Guadalupe, respecting er
the protection of the frontiers from Indian ti
depredations, and simply imposes obligations er
upon the United States to make penal the
purchasing or receiving, by United States th
citizens, of horses, die, from Indians, with te
that knowledge that they have been stolen th
within the limits of Mexican territory, to to
make all reasonsble efforts to rescue and re- du
turn persons captured on Mexican ground it f
carried within the boundariea of the United 0f
States; and to take special care that when m
Indians are removed from United States ter- se
ritory, they shall not be under the necessity de
of seeking new homes in Mexican territory. IQ
To this article the President recommends the tli
following addition: (u
And the Governmentof Mexico agrees that 0(
the stipulations contained in this article, to UI
be performed by the United States, shall be cl
reciprocal, and Mexico shall be under like ju
obligation to the United Ststes and 'the citi- tfa
tens thereof, as those herein imposed upon th
the latter in favor of the Republic of Mexico f
and Mexican citizens.
Article third stipulates that in considcra-
tion of the grant received under the first ar- m
tide, and the release from obligations under u
tke second, the United States shall pay to
Mexico fifteen millions of dollars, in certain fa
instalments; assume all the claims of their ,j,
citizens "which may have arisen since the g
date of the signature of the treaty of Gaudal- w
upe, or which may not have been provided for tl,
therein, or of any corporation, company of re
citizens of the same, including the claim of a
the so-called concession to Garay, whose e
lawful existence Mexico does not recognise,
.even as implied, thus extinguishing this a- ,
,mong the other claims of citizens of the m
;United States againat the Republic of Mexi- rc
co ." Mexico, on her part, makes a similar tt
release. The President recommends the Bl
following as a aubstitute for this article. The ji
' of payment are the same in both ar- m
Jr .""he main point of difference is the c(
prfleUfl by nme respecting the Garay p,
grant I .
la consideration of the grnU received by G
the United States, and the obligations re-
Knquished by the Mexican Republic, pursuant
to this treaty, the former ag" to P7 t0 the ai
titer the sm of $15,000,000, in gold or c
silver coin. at the Treaaury at Washington. tl
Oee fcflh el the amount on the exchange of 4
lbs rU$cAKM f ,rMl
Washington, and the remaining four-fifths in
monthly instalments of three million each,
with interest at the rate of six per cent, per
annum, until the whole be paid Government
of the United States, reserving the right to
pay up the whole sum of $16,000,000 at an
earlier date, as may be to it convenient.
The United Ststes also agree to assume
all the claims of their citizens against the
Mexican Republic, which may have arisen
under the treaty, or the law of nations, since
the date of the signature of the treaty of
Guadalupe. And the Mexican Republic agree
to exonerate the United States of America
from all claims of Mexico or Mexican citizons
which may have arisen under the tresty of
the law of nations since the date of the tresty
to Guadalupe; so that each Government, in
the most formal and effective manner, shall
icsexempted and exonerated of all such obli
gations to each other respectively.
Article fourth provides for a commission
n claims assumed by the United States, as
n the third article, to sit at Washington or
Mexico, st the option of the President of the
Jhited States) whose awafd shall he final;
ind that the United States shall make satia
action for cancelled claima in a sum not ex
:eeding fifteen millions oi dollars. The
'resident makes no suggestion with Respect
0 this srticle.
Article fifth annuls provisions fifth and
ixth of the treaty of Guadalupe, and guaran
ees to citizens of the United States free snd
ninterrupted passsge through the Gulf of
California, to and from their possessions
ituated North of the boundary line of the
fro countries, it being understood that this
aasoge is to be by navigating the Gulf of
California and the river Colorado, slid Hot by
ind, without the express consent of the
lexicsn Government. The spirit of this
greement to be observed by both republics.
0 smendment suggested by the President.
Articles sixth and seventh are brief, and
e give them entire. No amendment to
lem is suggested by the Executive: 1
Article 6. That the provision of the 8th Si 1
lb, 16th and 17th articles of the treaty of
uadaloupe Hidalgo shall apply to the ter
tory ceded by the Mexican Republic in the 1
-st article of the present treaty, and to all
e rights of person and property, both civil
id ecclesiastical, within the same, aa fully 1
id effectually as if the said articles were 1
rein again recited and set forth.
Article 7. No grants of land within the 1
rritory ceded by the first article of this
saty, bearing dato subsequent to the twen--fifth
day of September, when the Minist-
and subscriber to this treaty on the part t
the United States, proposed to the. Gov- j
n 111 cut of Mexico to terminste the question
boundary, will be considered valid, or be ,
-considered by the United States, nor will
ly grants msde previously be respected or (
1 considered as obligatory, which have not j
en locatodfand duly recorded in the archives t
Mexico. t
Article eighth is "rendered specially im
irtant by the President's proposed amend
ent to it. It is as follows:
Article 8. The two high contracting pow- j
s, fully impressed that under1 auspices of
lace, and upon the basis of mutual good J
ill) and of the respect which nations re
procally owe their prosperity will increase;
pecially when from vicinity their interests (
ow to be mingled, and identified, and re
igniRed,' the reciprocal obligations of civiliz-
l't governments and the acknowledged pre
vious of the laws of nations, agree by these
esents, in proof of that entire confidence
hic.li they mutually entertain, and of that (
iendship which they desire to be as perfect,
alterable andcomplete, as possible, that
tienever the tranquility and interior of either
'untry shall be threatened by unlawful in
isions of any of the citizens of either pow- j
against the territory of the other, respec-
fely, they will cheerfully co-operate in their
ideavors to suppress all such attempts.
They mutually and especially 'obligate
emselves in all cases of such lawless en- 1
rprises which may not have been prevented 11
rough the civil authorities before formation, s
aid, with the civil and military forces, on
e notice being f(iven,by the aggrieved party
the aggressions ol the citizens and subjects
the other, and that '.be lawless adventurers s
y be pursued and overtaken on the high .
a, their elements of war destroyed, and the '
luded captives held responsible in their per- 1
n, and that with the merited retribution in- 1
cted by the lawa of nationa against all c
ich disturbers of the pesce and happiness '
contiguous snd friendly powers. It being c
iderstood that in sit cases of successful '
ipture the delinquents so captured shall be 1
dged and punished by the government of
st nation to which the vessel capturing ! j
em may belong, conformably to the lawa j J
such nation.
President Pierce proposes the omiiiion of 1 '
e whole of tke second paragraph. He assigns
1 reason, urn! we are therefore left to surmise
s motive. We cannot imagine a good one 1
-that is, one which is founded on the good 1
ith which should exist in all treaty stipula- 1
jiis. The proposal to omit, confirms su-1 1
licions- which, not without good authority, '
e have more than once expressed of the in
ntions of the present Administration with
spect to Mexico. Upon this subject we
isll speak, when we have more room and t
isure. '
ArticliS. Should there at any future I
iriod (which God forbid) occur any disagree- I
ent which might lead to a rupture of their j 1
ilationa and reciprocal peace, they bind 1
lemselves, in like manner, to procure, by ; -ty
possible method, the adjustment of their j 1
fferenees; and should they still, in this j
anner, not succeed, never will they pro- j
ted to a declaration of war, without having I
reviously paid attention to what haa been ' 1
it forth in article Slat of tho treaty of t
uadalupe, for similsr caaes, which article, '1
1 well aa the 33d, is here reaffirmed I
Abticlb 10. This treaty shall be ratified
ad the respective ratifications shall be ex
ttanged, at the city of Washington, within 1
te exact period of four months from the 1
tie of its signature, or sooner, if possible. 1
The Address of the Italian Exiles. 1
A large number of Italian exiles in New
York have publiahed an address to Monsighor
Bedini. They say they have remained silent
during his tour, "believing that he would not
have had the audacity to deny what had justly
been attributed to him." The late debate in
the U. S. Senate, wheteln Bedini was pro
nounced by Mr. Cass to be aa free from blame
in the death of Ugo Bassi as he (Mr. Cass)
was, has caused them to iasue the address.
They charge Bedini with having been a
party to all the cruelties and executions which
grew out bf the suppression of the Italian 1
Revolution In '49, and they give the nance ef
a number of republicans who were executed, t
imprisoned and aent to the galleya, for the
part they took in the revolution, either by his 1
direction or with his sanction. !
They quote the following paragraphs from ,
the "History of Itsly, from September 18th, I
1848, to December 31st, 1850," in corrobera-1 1
tion of their statement. In volume 3d, chip- 1
ter 7th, page 148, is the following: 1
"And a prelate of the Roman Curia, educa
ted in Vienna, Monsignor Gaetano Bedini, in
quality of Commissary of the Pope, publiahed, 1
amidat the smoke of csnnon and blood, his j
proclamations of consolation and pardon, df
piety and religion, side by side with those of 1
Wimpfen, who appointed Goozhowsky Gen- J
eral Commandent, sanctioned martial law,
condemned by courts martial, sentenced with '
shooting and hahging." '
And further on vol 3d, chap. 5, page 108: '
"Father Ugo Bassi, surprised by the Aua
triana on the road, was conducted in haavy
chains to Bologna. There, by mock forttis f
brought before a drum-head tr.al, he was sum- '
marilrcondemed to death. Before he under- 8
went the fatal punishment, HE WAS DlS
CONSECRATED BY THE ECCLESIAS- ,
TICAL AUTHORITY; and, on the 8th of l(
August, a double vengeance was consummated p.
ott the Monk of Bologna; fof the ironof the
priests and the lead of the Austrians co-oper-ited
inthe'sacrilegioushomicide." The head ,
shief of that eccleaiastical authority was '
SaetanaBedini. dl
Appended to which in'the following expla- ?
i ft tory note: n
(Note in explanation to Americans.) Dis- '
consecration (in Italian, sconsecrazione.) sig
lilies skinning those parts of the hands, fore- ?!
lead and crown of the head, which were teu
ihed in the ceremony of consecrating a Ro
nan ecclesiastic.
Accompanvinor the address is the fbllnwino- P'
DECLARATION.
I, the undersigned Giorgi Giusseppe, a na
ive of Bologna, declare, that I was arrested Jj
n Mantua for political affairs, in December, pi
.849, and conducted to Bologna, to the pri- m
ons of La Carets. SJ
I further declare that Gaetana Bedini was
he Governor of that city. I remember that
was consigned to the disposition of the Aus- ah
rian General Marziani, who kept me during "'
wenty-two successivemonths in prison, with- do
iut giving me a hearing. I then made a j!
letition to Monsignor Bedini, requesting him, m
n his quality of Governor, to interfere in my Jl'
avor. I did not ask for mercy; I asked for
usfide, that is to say, I asked to be exatni- S'
led. ii
Monsieur Bedini received my petition, and
i fief several days, sent it back to me, with .
he following words written: !
"I am antoniihed that General Marziani 1
.as not yet had you shot."
I have not preserved thst document, be- c
isuae, under the impulse of rage, I tore it r
vith my teeth. But I swear before God that
his is the pure truth, aa I too well remember
ill the Darticulars. a'
GIORGI GUISEPPE.
New York, January 30th, 1854.
The address is signed by 77 Italian? now
iving in New York, who are represented to ?'
e good citizens and truthful men. ,?
lit
Habit. 'Tis only great minds that retain "
he freshness of perpetual boyhood. Words
orth kept it eminently, but in him it occa-
ionaly sinks into second childhood. Habit er
eudens the iatensest feelings. Hear a child's .,
Noughts on tho sea or the sky, and he'll talk
etter poetry than Tennyson. If an angel I
as caught in a man-trap to-morrow, and ex-1 '
tibited in London he wouldn't draw a house
n six months. Men flock to see a comet, hut
hey never look up at the atars. Tell them ,n
here is a way to pluck those fires from heav
n to light their factories, and they listen; but
here they blsze, burning on, supplying their "
iwn gas, and need no lighting, and who j
:aresl I have often gone up the Strand, with
ny back to the west, about sunset, and seen (n
very face that met me crimsoned aa with the m
r'are of a great conflagration, but no one
ooked up. There will be many men go to
leaven without ever having known anything
lither of love or the pleasure of nature.--
When we get accustomed to heaven, we shall H"
tegin to criticise the very songs of the angels '"
ind call that too sharp, and this a quarter of er
t note too flat. If dragona ever become nu-
nerous again, in a month they will be har- nc
teased to higgler's carts. Olasyow Chroni- Wl
U. a1'
nc
One who learns singing, hss no trouble
vith the notes which are adapted to his
hroat; they are moat natural and eaay to .(
lira. But the other notes, which are not in
tie throat, are at first very difficult. If he
would be a singer, he must conquer those (.u
liffkultles, for all the notes ought to be at jt
lia command. It is the same with the poet:
--You cannot call him s real poet so long
la he gives expression only to hie owl) sub-
ective sentiments. But to be able to ap-
iropriate and give expression to the world, f r
hat it ia which makes him a poet. Thia,too, w
nakes him inexhaustible, and always fresh (l(
ind new, while a subjective character haa re
loon done speaking its little mind, and then C(
t perishes in mannerism. n
I hate all bungling ae I do ain, but particu
larly bungling politics, which lesda to the
misery and ruin of many thousands and milli- (
im of people. J
Maintain Plighted Faith.
SPEECH.
OF
HON. S. P. CHASE, OF OHIO,
IN THE SENATE, FEBRUARY 3, 1854.
Against Repeal of the Missouri
Against Repeal of the Missouri Prohibition of Slavery North of 36
30 min.
The bill for the organization of the Terri- '
tories of Nebraska and Kansas being under 1
consideration
Mr. CHASE submitted the following a- 1
mendaient:
PtHks out from section 11 the word "wa upredd
y JJf principle of the letiltion .if 1M0, conimenlr a
:llld the comproiniH inewur, and;" o that th clua t
ivill rd: v
"That th Coanitution, and all law bf the Unhed ! p
iiatbl wbicb. are net lcallr inapplicable, hll bav tin!
am fore and effect within th ajd Territory of N a
iraikaa rlewhr within thUnild Hutu, eicept th ! tl
uehih ection ofthect preparatory to th irimiuion of;
diMourl into the Union, pproved March 8, 1820, which
neraby declared imperative." .
Mr. CHASE said: ,
Mr. President, I hsd occasion a few days n
igo to expose the utter groundlessness of the! tl
lersonal chargea made by the Senator from ti
lllnlell Mr. Douotaas sgainit myself and ti
he other signers of the Independent Demo-1 n
iratic appeal. I now move to atrike from 1 n
his bill a statement which I will to-day dem-! p
instrate to be without any foundation in fact si
ir history. I intend sfterwsrds to move to a
trike out the whole clause annulling the pi
Missouri prohibition.
I enter into this debste, Mr. President, in oi
io spirit of persona! unkindness. The issue SI
too grave and too momentous for the indul tl
ence of such feelings. I see the great ques- pi
ion before me, and that question onl. tl
Sir, these crowded galleries, these thronged di
ibbies, this full attendance of the Senate, p
rove the deep, transcendent interest of the hi
leme. tj
A few days only have elapsed since the th
ongress of the United States assembled; in gi
lis cspitol. Then no agitation aeemed to w
sturb the political elements. Two of the N
reat political parties of the country, in their ct
stionsl conventions, had announced that di
avery agitation was at an end, and that th
sncelorth that subject was not to be discuss-' su
1 in Congress or out of Congress. The Pres-1
lent, in his annual message, had referred to of
lis state of opinion, and had declared his fix- H
d purpose to maintain, as far as any res- pc
onsibility attached to him, the quiet of the th
untry. Let me read a brief extract from
nit message: i gq
"It ia no part of my purpose to five prominence to any su
lJct which may properly be retarded a let at reit
' the deliberate judgment orthc.pcopl. But while the F
eent i hriiht with preiniie, ami the future full of de- th
and and Inducement for the eierciie of active intelli
ince, the paat can never be without uaeful leaaona ofjOU
mom no i and Instruction. If it laagers erve not a m.
acona, they will evidently fail to fulfil the object of a
iaedeilKrl. When the grave ahall have closed over all vo
lioare nowendeavoring to meet the obligations or duty,
;year 18S0 will be recurred to a a period Ailed with
ilfous apnrehonaion. A aucceasful war had Just ter- all
inatad. reaee brought with it j vaat augmentation of ,
ritory Disturbing oueationa aroae.'hearing upon the 00
meatie Institution of one portion of the Confederacy, kn
d involving the constitutional rightaof the Slate.
it, notwithstanding dirferencea of opinion and semi- Ml
mt, which then exiited in relation to detaila, and ape Qr
lc proviaiona.th acquieacence of diatlngulahed citi
ns, whoae devotion to theUniou can never bedoubted, wl
d given renewed vigor to our Inatttutlons, and restore nr.
enae ofrepoafl and security to the public mind through- '
t the Confederacy. That thia repote ia to aufTer no re
ock during my ofncisl term, if I had power to avert it, '
)e who placed me here may be asaured."
The agreement of the two old political par' us!
is, thus referred to by the Chief Magistrate
the country, was complete, and a large '
tjority of the American people seemed to w '
qttiesce in the legislation of which he spoke, j 'n
A few of us, indeed, doubted the accuracy ) '
these statements, and the permanency ofith(
is'repose. We never believed that the ex
its of 1850 would prove to be a permanent u!
justment of the slavery question. Wo be- C01
ived no permanent adjustment of that ques- 'B
n possible except by a return to that ori- tht
nal policy of the lathers of the Republic, 8ul
' which slavery was restricted within State Sl!
nits, and freedom, without exception or eX(
nitation,waa intended to be secured to a"
ery person outside of State limits and under tht
e exclusive jurisdiction of the General Gov-
nment. wi
But, sir, we only represented a small, no1
ough vigorous and growing party in the l":
untry. Our number was small in Congress. '
t some we were regarded as visionaries by , lnt
me as factionists;(while almost all agreed ; Pr
pronouncing us mistaken. cs:
And so, sir, the country was at peace. As Te
e eye swept the circumference of the hori-; al
n and upward to mid-heaven not a cloud t0
i pes red ; to common observation there was ', tne
i mist or stain upon the clearness of the C01
7- wh
But suddenly all is changed. Rattling ""
under breaksfrom the cloudless firmament. ! w"
he storm bursts forth in fury. Wsrring tnt
iods rush into conflict. i Pei
'Eurus,'Notuq,ue ruunt, crtbfrdUe procellls, led
Africua," I h
Yes, sir, "cre&er procelle Africus" the,
uth wind thick with storm. And now we I ,
id ourselves in the midst of an agitation, the I gr
id and issue of which no man can foresee. tQr
Now, sir, who ia responsible for this re-)
iwal of Strife and controversy! Not we, fori li)r
g have introduced no question of territoriel
ttery into Congress not we who are de- -j,
mnced as agitatora and factionists. No, sir: n.
e quietists and the final ints have become agi- eyj
tors; they Who told us that all agitation waa .
ieted, and that the resolutions of the po-
ical conventions put a final period to the -,
, mu
scuseion of slavery. T
Thia will not eaeape the observation of the (
untry. It ia Slavery that renews the strife. f ,
is Slavery that again warfts room; ft is
avery, with its insatiate demands lor more
it e territory and more slave States .
And what ctoea Slavefy aak for ifewT Why, Jv
it demands that a time-honored and sa- tQ
ed compact shall be rescinded a compact
aich has endured through a whole genera-
n a compact which has been universally
garded as inviolable, North and South a
impact, the constitutionality of which few jJ
ive doubted, and by which all have consen- al
d to abide.
It will not anawer to violate such a com- e
ict without a pretext. Some plausible
ound must be discovered or invented for
ich an act; and such a ground is supposed
j
to be found in the dnctrihe which wss advsn
:ed the other day by the Senator from Illi
lois, that the compromise acts of 1850 "su
perseded" the prohibition of alavery north of
IG o 30, in the act preparatory for the admis
lion of Missouri. Ay, sir, "superseded" is the
ihrase "superseded by the principles of the
egislation of 1850, commonly called .he
ompromise measures."
It is against this ststement, untrue in fsct,
ind without inundation in history, that the !
mendmenl which I have proposed is 'direc-.
ed.
Sir, this it a novel idea. At the time when
Ii"kp measures were before Congress in 1850,
'hen the questions involved in them were
iscussed from day today, from week to week
nd from month to month, in this Senate f
Chamber, whoever hearo that the Missouri j
rohibition was to be superseded? What, man,;
t what time, in what apeecb, ever suggested
ie idea that the acts of thst yesr were to
fleet the Missouri compromise! The Sena
r from Illinois the other dsy invoked the'
lit hori ty ol Henry Clsy that departed states-'
ian, in respect to whom, whatever may be, '
ie differences of political opinion, none ques
on that, among the great men of this coun-'
y, he stood proudly eminent. Did he in the
sport msde by him as chairman of the Com
dttee of Thirteen, or in any speech in nip
aft ofthe compromise acts, or in any conver
sion ih '.he Committee, or out of the com
dttee, ever even hint at this doctrine of su
srsedure! Did any supporter, or any oppo
entof the compromise acts, ever vindicate
' condemn them upon the ground that the
(issouri prohibition would be affected' by
lem! Well, Bir, the compromise met were
ssed. They were denounced North, and
ley were denounced South. Did any defen-
ir of them at the South ever justify his sup-' ,
rt of them upon the ground that the South ' ,
id obtained through them the repeal of the ,
issoufi prohibition? Did any objector to.,
em at the North ever f even suggest as a
ound of condemnation that that prohibition 1
is swept away by them! No, sir! No man. ,
orth or South, during the whole ofthe dis-! i
ission of those acts here, or in that other j,
acussion which followed their enactment
roughout the coonlry, ever intimate any ,
ch opinion. j
Now, sir, let us come to the last session t
Congtess. A Nebraska bill passed the
ouse and came to the Senate, and was re
rted from the Committee on Territories by t
e Senator from Illinois, ss its chairman. t
Wis there any provision in it which 'even r
uinted towards this notion of repeal by t
persedure! Why, sir, southern gentlemen (
posed it upon the very ground that it left t
e Territory under the operation olthe Mies- c
ri prohibition. The Senator from Illinois ,
ide a speech in defence of it. Did he in- c
ke southern support upon the ground that it t
perseded the Missouri prohibition! Not at v
. Was it opposed or vindicated by any
dy on any 'such ground! Every Senator t
ows the contrary. The Senator from g
sso ri, Mr. Atchison, now the President
this body, made a speech upon the bill, in
iich he distinctly declared that the Missouri
ihibition was not repealed, and could not be n
ealed. t
1 will send this speech to the Secretary, snd c
: him to read the paragraphs maiked. 0
rhe Secretary read, as follows: g
'I will now state to the' Senate the views ,
ich induced me to oppose this proposition t,
the early part of the session. j
'I had two objections to it. One was that p
i Indian title in that Territory had not been g
inguiahed, or, at least, a very small portion a
it had been. Another was the Missouri
nproniise, or, as it is commonly called, the
very restriction. It was my opinion at j
it time and I am not very clear on theft a
,ject that the law of Congress, when the j,
ite of Missouri wss admitted into the Union j
:luding slsvery from the Territory ofLouiai- c
i north of 3t 3D, would be enforced in p
it Territory unless it was specially rescin- gl
I; and, whether that law was in accordance ij
th the Constitution of the United States or g
I, it would do its work, and that work would e
to preclude slaveholders from Jgoing into t
it Territory. But when I came to look e
0 that question, I found that there was no a
ispect, n hope, of a repeal of the Missouri t
nproniise, excluding slavery from that t
rritory. Now, sir, I am free to admit, that g(
this moment, at this hour, and for (all time e
come, I should oppose the organieation or a
: settlement of that Territory unless nvy
istituents, ind the constituents of the a
ole South of the slave States of the Un- y
, could go into it upon the same footing, ei
.h equal rights and equal privileges, Carry ing Cl
t species of property with them as other g
iple of this Union. Yes, sir, I acknow- ti
ge that that would have governed me, but g
ave no hope that the restriction will ever
repealed.
'I have always been of opinion that the c
t great error committed in the political his- t
y of this country was theordinance of 1787, tj
idering the Northweat Territory free te-ri- L.
y. The next great error waa the Missouri g,
nproniise. But they are both irremediable,
ere is no remedy for them. We must sub
; to them. I sm prepared to do It. It is r
dent that the Missouri compromise cannot V(
repealed. So far as thst question is eon- ty
ned, we might as well agreej to the ad- 0
ision of this Territory now as next year, or e
1 or ten years hence." Congreitional
tie, Second Session aid Cong., vol. i6,page J
It. : . , .. pi
t'hat, sir, is th"e speech ofthe Seirafot from 0
isouri, Mr. ATCTrreorf.J whoae etrthorfty, I ir
tik, must ge for something upon" this rnies- 0
n. What does he say! "When I came J
look into that question" of the possible di
ealof the Missouri prohibition that was
question he was looking into "I found f
,t there wss no prospect, no hope, of a re- e(
il ofthe Miesouri compromise excluding j,
very from that Territory." And yet, air, Cl
that very moment, according to this new d(
:trine of the Senator from Illinois, it had f(
sn repealed three years! 0
Well, the Senator from Missouri said fuT-
r, that if he thought it possible to oppose j,
I this restriction successfully, he never would
j consent to the orgsnization of the Territory
until it was rescinded. But, ssid he, "I ac
j knowledge that I have no hope that the re
striction will ever be repealed.'- Then he
made some complaint, Its other southerii gen
tlemen hsve frequently done, ofthe ordinance
of 1787, and the Missouri prohibitioti; but
went on to ssy, "they are both irremediable;
there ia no remedy for theni; we must submit
to them; I am prepared to do it; it is evident
that the Missouri compromise cannot be re
pealed." Now, sir, when wss this ssid! It was on
the morning of the 4th Msrch, just before the
close of the Isst session, when thst Nebrssks
bill, reported by the Senator from Illinois,
which proposed no repesl, snd Suggested nc
supersedure, wss under discussion. I think,
sir. that all this shows pretty clesrlythst up
to the very close of the Isst session of Con
gress nobody hsd ever thought of a repeal by
Bupersedure. Then whst took place at the
commencement of the present' session? The '
Benator from Iowa, early in December, intro
duced a bill for the organization of the Terri- 1
tory of Nebraska. I believe it was the same 1
bill which waa under discussion here at the 1
last session, line for line, and word for word. 1 1
If I am wrong, the Senator will correct me. '
Did the Senators from Iowa, then, enter
tain the idea that the Missouri prohibition '
had been superseded! No, sir; neither he
nor any other ban here, sofaraa could be jud
ged, from and Hiscussion, or itatetnerit, or re- j
mark, had received th's notion.
Well, on the 4th day of January the "Com
mittee on Territories, through their chairman, j
the Senator from Illinois, made a report or! j
the territorial organization of Nebraska; and
that report waa accompanied by a bill. Now j '
iir, on that 4th day of January, just thirty ',1
Isyo sgo, bid the Committee on Territories '
entertain the opinion that the compromise !1
cts of 1850 superseded the Missouri prohibi-' 1
tion! If they did, they were very csreful to , 1
eep it to themselves. We (will judge the,'
:ommittee by their own report. What do j '
:hey say in that! In the first place, they de-
icribe the character of the controversy ir. re-. 1
ipect to the Territories scquired fromlMexi-, I
:o. They say lihat some believed that al1
tfexican law prohibiting slavery was in force, 1
here, while others claimed that the Mexican i v
aw became inoperative at the moment of ac- i G
luiailion, and that slsveholders could take' "
heir slaves into the territory, and hold them ' S
here under the provisions of the Constitution. ' 1
Hie -territorial acts, as the committee tell us,! c
teered clear of these questions. They sim-' 1
ly provided that the States organized out of 1
hese Territories might come in with or with-' '
iut slavery, as they should elect, but did not
ffect tlM question whether slaves could or '
ould not be introduced before the organizi- 1
ion of State governments. That question
fM left entirely to judicial decision. I
Well, sir, what did the committee propose '
0 do with the Nebraska Territory! In re- ; 1
pect to that , as in respect to the Mexican c
rritory, differences of opinion exist in re- 1
ition to the introduction of slaves. Tberwl I
re southern gentlemen who contend that I
otwilhstanding the Missouri prohibition, t
ley can take their slaves into the Territory , '
overed by it, and hold them there by virtue "
f the Constitution. On the other hand, the H
reat majority of the American people, North 0
nd South, believe the Missouri prohibition '
be constitutional and effectual. Now what ' a
id the committee propose! Did they pro- 1
ose to repeal the prohibition! Did they sug- 0
est that it had been superseded! t',,1 they n
Jvnnce any idea of that kind! No, 6ir. This ti
1 their language: ri
"Under this' section, as in the case of the h
lexican law in New Mexico and Utah, it is
disputed point whether slavery is prohibited tl
l the Nebraska country by valid enactment, ai
'he decision of this question involves the p
onstitutional power of Congress to pass laws tl
rescribing and regulating the domestic in- ti
itutions of the various Territories of the p
'nion. In the opinion of those eminent tt
:atesman who hold that Congress is invest- T
d with no rightful authority te legislate upon si
te subject of slavery in the Territories, the It
ighth section of the act preparatory to the V
Emission of Missouri is null and void, while 1
ie prevailing sentiment in a large portion of al
ie Union sustains the doctrine that the Con- v
;itutions of the United States secures to ev
ry citizen an inalienable right to move into ti
ny of the Territoriea with his property, of si
hatever kind and description, and to hold tl
nd enjoy the same under the sanction of law. w
our committee do not feci themselves call- si
1 upon to enter into the discussion of these si
jiftro'verted questions. They involve the A'
Line grsve issues which produced the agita- p
on, the sectional strife, and the fearful 1
ruggle of 1850 " tl
This language wit! bear repetition:
"Your committee do not feel themselves o
ailed upon to enter into the discussion of S
lese controverted questions. They involve si
ie same grave issues which produced the ai
;itation, the sectional strife, and the fearful u
ruggle of 1850." v
And they go on to aay: w
"Congress deemed it wise and prudent to tt
frain from deciding the matters in contro- tl
irsy then, either by affirming or repealing oi
ie Mexican laws, or by an act declaratory k
' the true intent of the Constitution and the tl
ctent of the protection afforded by it to slave n
-operty in the Territories; so your commit- g
ie are not prepared now to recommend ade- tl
irture from the course pursued on thai mem- tl
able occasion, either by affirming or repeal- w
ig the eighth s'ectiorf o'f the Missouri act, or
r any act declaratory of the meaning of the ,M
onstitution in respect to the legal points in tl
spute." T
Mr. President, here are very remarkable vi
icts. The Committee on Territories deofar-
i that it was not wise, that it was not pru- ti
;nt, that it was not right, to renew the old s
mtruversy, and to rouse agitation. They n
.clared that they would abstain from any i
scoinmendation of a repeal of the prohibition, t
r of any provision declaratory of the con- r
ruction ol the Constitution in respect Vq the f
gal points in dispute. t
Mr. President, I im not one of those who
suppose thst the question between Mexican
law and the slave-holding claims was avoided
in the Utah and New Mexico act; nor do I
think that the introduction into theNebraska
bill ofthe provisions of those acts in respect
to slsvery would lesve the question between
the Missouri prohibition and the same slave
holding claim entirely unaffected. I am of
a very different opinion. But I am dealing
now with the report of the Senator from Illi
nois, ss chairrnsn of the committee, and I
show, beyond all controversy, that that report
gave no countenance whatever to the doctrine
of repeal by supersedure.
Well, sir, the bill reported by the commit
tee was printed in the Washington Sentinel
on Saturday, January 7. It contained twenty-sections;
no more, no less. It contained
no provisions in respect to slavery, except
those in the Utah and New Mexico" bills. It
left those provisions to speak for themselves.
This was in harmony with the report of the
:ommittee. On the 10th of January on
ruesday 'he act appeared again intheSen
inel; but it had grown longer during the in
erval. It appeared now with twenty-one
lections. There was a statement in the pa
er that the twenty-first section had been
imitted by a clerical error.
But, sir, it is a singular fsct that this twenty-first
section is entirely o-Jt of harmony
with the committee's report. It undertakes
to determine the effect ofthe provision in the
Utsh snd New Mexico. It declares, among
oiher things, that all questions pertaining to
slavery in the Territories, and in the new
States to be formed therefrom, are to be left
to the decision of the people residing therein,
through their appropriate representatives:
rhis prevision, in effect, repesled the Mis
louri prohibition, which the committee, in
heir report, declared ought not to be done.
Is it possible, sir, that this was a mere cleri
cal error! May it not be that this twenty
irst section was the fruit of some Sunday
nork, between Saturday the 7th, and Tues
lay the 10th!
But, sir, the addition of this section, it
eems, did not help the bill. It did not, I sup
lose, meet the approbation of southern gen
lemen, who contend that they have a right
0 take the slaves into the Territories, not
fithstanding any prohibition, either by Con
fess or by a Territorial Legislature. I dare
ay that it was found that the votes of these
;entlemen could not be had for the bill with
hit clause in it. It was not enough that the
:ommittee had abandoned their report, and
idded this twenty-first section, in direct con
ravention of itsjeasonings and principles,
rhe twenty-ifat section itself must be abar
loned, and the repeal of the Missouri prohi
lition placed in a shape which would not de
ly the slave holding claim.
The Senator from Kentucky, Mr. Dixos,
m the 16th January, submitted an amend
nent which came square up to repeal, and to
lie claim. That amendment, probably; pro
luced some fluttering and dome consultation,
t met the views of southern Senators, and
irobably determined the shape which the bill
ias finally assumed. Of the various muta
ions which it has undergone,- I can hardly
ie mistaken iD attributing the last to the
mendment of the Senator from Kentucky.
Phat there is no effect without a ciuse, is
mong our earliest lessons in physical phi
osophy, and I know of no cause which will
ccount for the remarkable changes which
he bill underwent after the 16th ol January,
ther than that amendment, and the determi
ation of southern Senators to support it, and
j vote against any provision recognizing the
ight of any Territorial Legislature to pro
ibit the introduction of slavery.
It was just seven days, Mr. President, after
ie Senator from Kentucky had offered his
mendment, that a fresh amendment was re
arted from the Committee on Territories, in
is shape of a new bill, enlarged to forty sec
ons. This new bill cuts oft from the pro
3fJed Territory half a degree of latitude on
ie south, and divides the residue into two
e.ritories the southern Territory of Kan
ts, and the northern Territory of Nebraska.
applies to each and all the provisions of the
tah and New Mexico bills; it rejects entire
' the twenty-first clerical-error section, and
orogates the Missouri prohibition by the
fry singular provision, which I will read:
"The Constitution and all laws of theUni
d States which are not locally inapplicable,
isll havethe same forco and effect within
ie said Territory of Nebraska as elsewhere
ithin the United States, except the eighth
;ction of the set preparatory to the admis
on of Missouri into the Union, approved
tarch 6, 1820, which was superseded by the
rinclples of the legislationof 1850, cotnmon-
1 called the compromise measures, and it
lerefore declared inoperative."
Dotib'.leis, Mr. President, this provision
perate: i.i a repeal of the prohibition. The
enator from Kentucky was right when he
tid it wis in effect the equivalent of his
mendment. Those who are willing to break
p anr1 destroy the old compact of 1820, can
ote ior this bill with full assurance that such
ill be its effect. But I appeal to them not
) vote for this supersedure clause. 1 aak
lem not te incorporate into the legislation
f the country a declaration which every ono
nows to be wholly untrue. I have said that
lis doctrine of euperiedure is new. I have
ow proved that it is a plant ol but ten day'
row tli . It we3 nevsr seen or heard of until
re 9?d day of January, 1854. It was upon
lat day that this tree of Upas waa planted,
e alrerdy see its poison fruits.
The provision I have quoted abrogates the
issouri prohibition. It asserts no right in
ie Territorial Legislature to prohibit slavery,
'he Senator from Illinois, in his speech, was
ery careful to assert no right of legislation
i a Territorial Legislature, except subject
the restrictions and limitations of the Con
tention. We know well enough what the
ndcrstanding or claim of southern gentlemen
i in respect to these limitations and restric
ions. They insist that by them every Ter
itorial Legislature ia absolutely precluded
rom sit power of legislation for the prohibt
ion of Blibery, I warn gentlemen who pro-
