ision restricting
emigration, but such I think will be the effect of the amendments.
By the third section, Congress is prohibited, forever, from
interfering with the subject of slaves, and the sixth section makes
the others, with certain provisions of the Constitution as it now
stands, irrepealable and unchangeable. No matter how much the
condition of the country may change; no matter if all but the most
inconsiderable fraction of the people may desire to change them; these
propositions must stand as long as this country stands, a part of its
fundamental law.
These are the general provisions which the scheme contains. It is
offered as a measure of peace; of conciliation; to calm and quiet the
existing excitement.
I think I am right in saying that when you are making a constitution
you should consider all the conditions of the people who are to be
governed by it; that you should keep in view all sections and
opinions. It is my belief that instead of calming the excitement these
propositions will aggravate it--will arouse it to a pitch it has never
yet attained. I believe this, because the entire proposition goes
counter to the fundamental ideas upon which our Government is based.
It proposes to _establish_ slavery South. Is not this the first time
in the history of the Constitution that it has ever been proposed, by
affixing an article to that instrument, to _establish_--to _plant_
slavery in territory which was free when it was acquired? The
ordinance of 1787 prohibited slavery from going into the territory
which was acquired by it.
In similar language the article proposes to abolish slavery in the
territory north of the line. It is well to consider what is the legal
condition of that territory now. New Mexico and Arizona were free when
we first acquired them. Is not this provision wholly unnecessary? Mr.
CLAY left such language out of the Missouri Compromise, as he avowed,
on the ground that slavery could not legally go into territory free
when it was acquired, without the aid of affirmative legislation.
Previous and up to the year 1850, there was no difference of opinion
among lawyers on this question. All agreed with Mr. CLAY.
Now, slavery has gone into a portion of this territory; violently too;
without such legislation. Limits are prescribed to it, it is true, but
_it is there_, and in this way. _That_ is the _status_ which is to be
recognized, constitutionalized by these articles. I am aware that
the
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