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Page 9
Sir, I believe that we are upon the verge of another era. That era will
be the Era of REACTION. The introduction of this question here, and its
discussion, will greatly hasten its advent. We, who insist upon the
denationalization of slavery, and upon the absolute divorce of the
General Government from all connection with it, will stand with the men
who favored the compromise acts, and who yet wish to adhere to them,
in their letter and in their spirit, against the repeal of the Missouri
prohibition. But you may pass it here. You may send it to the other
House. It may become a law. But its effect will be to satisfy all
thinking men that no compromises with slavery will endure, except so
long as they serve the interests of slavery; and that there is no safe
and honorable ground for non-slaveholders to stand upon, except that
of restricting slavery within State limits, and excluding it absolutely
from the whole sphere of Federal jurisdiction. The old questions between
political parties are at rest. No great question so thoroughly possesses
the public mind as this of slavery. This discussion will hasten the
inevitable reorganization of parties upon the new issues which our
circumstances suggest. It will light up a fire in the country which may,
perhaps, consume those who kindle it. * * *
EDWARD EVERETT,
OF MASSACHUSETTS.
(BORN 1794, DIED 1865.)
ON THE KANSAS-NEBRASKA BILL;
SENATE OF THE UNITED STATES, FEBRUARY 8, 1854
I will not take up the time of the Senate by going over the somewhat
embarrassing and perplexed history of the bill, from its first entry
into the Senate until the present time. I will take it as it now stands,
as it is printed on our tables, and with the amendment which was offered
by the Senator from Illinois (Mr. Douglas) yesterday, and which, iI
suppose, is now printed, and on our tables; and I will state, as briefly
as I can, the difficulties which I have found in giving my support to
this bill, either as it stands, or as it will stand when the amendment
shall be adopted. My chief objections are to the provisions on the
subject of slavery, and especially to the exception which is contained
in the 14th section, in the following words:
"Except the 8th section of the act preparatory to the admission of
Missouri into the Union, approved March 6, 1820, which was superseded
by the principles of the legislation of 1850, commonly called the
compromise measures, and is hereby declared inoperative."
On the day before yesterday the chairman of the Committee on Territories
proposed to change the words "superseded by" to "inconsistent with,"
as expressing more distinctly all that he meant to convey by that
impression. Yesterday, however, he brought in an amendment drawn up with
great skill and care, on notice given the day before, which is to strike
out the words "which was superseded by the principles of the legislation
of 1850, commonly called the compromise measures, and is hereby declared
inoperative," and to insert in lieu of them the following:
"Which being inconsistent with the principle of non-intervention by
Congress with slavery in the States and Territories, as recognized by
the legislation of 1850, commonly called the compromise measures, is
hereby declared inoperative and void; it being the true intent and
meaning of this act not to legislate slavery into any Territory or
State, nor to exclude it therefrom, but to leave the people thereof
perfectly free to form and regulate their domestic institutions in their
own way, subject only to the Constitution of the United States."
* * * * *
Now, sir, I think, in the first place, that the language of this
proposed enactment, being obscure, is of somewhat doubtful import, and
for that reason, unsatisfactory. I should have preferred a little more
directness. What is the condition of an enactment which is declared by a
subsequent act of Congress to be "inoperative and void?" Does it remain
in force? I take it, not. That would be a contradiction in terms, to say
that an enactment which had been declared by act of Congress inoperative
and void is still in force. Then, if it is not in force, if it is not
only inoperative and void, as it is to be declared, but is not in force,
it is of course repealed. If it is to be repealed, why not say so?
I think it would have been more direct and more parliamentary to say
"shall be and is hereby repealed." Then we should know precisely, so far
as legal and technical terms go, what the amount of this new legislative
provision is.
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