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STATE OF TIE UNION.
The hour of half past eleven hating Arrived,
Agreeably to order
The House proceeded to tie oonsideration of
the joint resolutions presented by Mr. 9.E.11-
STRONG, on the 9th inst.
The resolutions were read, as follows:
Itaolved, by the Senate and Elfotor. of Repremmta
lives, rikat we recognize the Constitution of the
United States as the Supreme law of the laud :
and that all laws enacted either by Congress or
the Legislatures of the several States ; which are
contrary to its provisions, arc null and void.
lies:A/red, That the laws of the United States
are of paramount authority in every State of
the Union, upon all matters within the exclu
sive jurisdiction of Congress, and that every
attempt on the part of a State, by State laws,
to ennui or hinder their due execution, is in
violation of both the letter and - spirit of the
obliaations due from the people of each State
to the general government, and to each other.
Ro , elvecl, That the citizens of this State, in
common with the citizens of other of the Free
States, have just cause to complain that their
constitutional rights have been denied to them
in some of the Slave States ; that the fretidom
of speech and of the press have been abridged
---the right of personal security has been vio
lated—they have been on frequent occasions
arrested, imprisoned and punished without
trial, even to the taking of life by lawless vio
lence, and without interference on their behalf
by the constituted authorities of the State.
Yet, we believe the remedy for these, and all
other grievances between the citizens of the
several States, is in the Union, and under the
laws of the land.
Resolved, That we recognize the right of every
Slave State to regulate and oontrol slavery
within her limits each in its own way, subject
only to the Constitution of the United States ;
and that we deny the right, either of Congress
or any of the States, to interfere with it, either
to limit, modify, abolish or 'control it within
such States. But, on the contrary, it is the
duty of Congress, when required. to suppress in
surrections and domestic violence, by military
force, if necessary.
Resolved, That it is contrary to the first article
of amendment to the Constitution to abridge
the ,freedom of speech or of the pies% and con
trary to the genius of free government to sub
mit either to any other control than the respon
sibility for its abuse; afalthat we cannot, in the
interests of Slavery, offer so great a sacrifice even
upon the altar of peace.
Resolved, That the Territories of the United
States, previous to their recognition as States,
are under the exclusive control of Congress,
which has the right to make all needful rules
and regulations respecting them ; that whilst
we do net recognize the doctrine that the Con
stitution of the United States carries slavery
into the Territories, or exempts it from the con
trol of Congress, we are in favor of au adjmt
ment of the whole question of slavery in the
Territories in such manner as shall settle it for
ever ; and to this end we recommend that a
line not farther North than the Missouri Com
promise line be established, and sanctioned by
an amendment to the Constitution, whereby, in
all territory North of such line, slavery or invol
untary servitude, except for crime, shall be for
ever prohibited ; and South of which neither
Congress nor the Territorial Legislature shall
interfere with or abolish it.
Resolved, That Pennsylvania is loyal to the
Union, and faithful in her observance of the
Constitution and the laws ; and in manifesta
tion thereof, the Judiciary Committee are here
by instructed to inquire whether there is any
law in force in Pennsylvania which conflicts
with her constitutional obligations to the, Gov
ernment of the United States, or which pre
vents or obstructs the.clue execution, within
her jurisdiction, of any law of the United
States ; and if there be any such law to report
by bill or otherwise.
Rescaved, That we cherish for our brethren of the
slave-holding States the most cordial ond fra
ternal regard ; and that we are willing to con
cede to them the enjoyment of every right not
inconsistent with the preservation of our own ;
that we hold the Union to be the only sure basis
of our continued prosperity and happiness, and
the enforcement of the laws an imperative and
inviolable duty of the general government, es
sential to its preservation, and to be accom
plished, if necessary, by its entire civil and
military power. That secession is revolution,
and its inevitable consequence; and that, in
such an emergency, Pennsylvania tenders to
the President of the 'United States the whole
resources of the State.
Mr. HOFIUS rose to a question of order, viz:
The resolution from the Senate No. 1, enti
tled "Joint resolutions relative to the mainte
nance of the Constitution and the Union," hav
ing been made the special order for every day
until disposed of, is it in order to consider the
question now before the House?
Th e SPE A NPR decided, "That the Ilouse,hav
jug by a vote of two-thirds, determined that it
would at a certain specified hour, upon a partic
ular day, proceed to the consideration of a cer
tain question, and the time having arrived, the
House must proceed to its consideration, and
any other business before the House stands
postponed until the question is disposed of by
the House, either by adoption, reject - low or
postponement."
Mr. HOFILIS moved to postpone the further
oonsideration of the resolutions until after the
disposal of Senate bill No. 1, entitled, "Joint
resolutions for the maintenance of the Consti
tution and the Union."
Mr. ARMSTRONG. The resolutions now un
der the consideration of the House are not in
conflict with the resolutions presented from the
Senate, which have been under consideration
for several days. I think that my resolutions
cover a branch of this subject which has not yet
been under discussion, and perhaps it would be
wise that the house should hear all sides of this
question before they come to any final vote upon
it. I hope the House will proceed to the con
sideration of the resolutions which are now be
fore us.
Mr. HOFTUS. My object in making this mo
tion is simply this : the Senate resolutions have
been under our consideration for a long time,
and we should have decided the question long
ere this. Those resolutions, sir, contain noth
ng of a party nature. Tire resolutions submit
ted by the gentleman from Lycoming (Mr.
Annsrucao) are entirely of a party nature : and
from the fact that they ate calculated to arouse
discordant feelings, ];prefer that the Senate re
solutions should be disposed of first.
Mr. PATTERSON. I trust that the motion
to postpone these resolutions will not prevail.—
I do not think it possible that the resolutions
of the gentleman from Lycoming (Mr. Alan
mom) should cause greater discussion than
we have already had upon the Senate resolu
tions. Beddes, a great many of us are not pre
pared to vote on thaw/Senate resolutions. They
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do not mean anything. The resolutions of the
gentleman from Lycoming mean something;
there is something in them. Ido not care if
they do represent the views of a patty; I am
ready to vote for them. Let us hear what the
gentleman from Lycoming has to say. There
are others who wish to speak on these resolu
tions. Gentlemen have had an opportunity to
express their views on the Senate resolutions.
We hope that now they will not apply the gag.
Let us all be heard.
Mr. THOMAS. I trust that the motion of the
gentleman from Mercer (Mr. Hones) will pre
vail. We have been debating the Senate reso
lutions for nearly two weeks. I thinkthat this
House will be ready before the adjournment to
take the final-vote. I do most earnestly trust
that this House will proceed to no other busi
ness until we shall, have disposed of the Senate
resolutions.
On the motion to, postpone
The yeas and nays were required by Mr.
LEISENRING mid Mr. BALL, and were as
follows, vi.z
YEAS—Messrs. Acker, Alexander, Barnsley,
Bartholomew, 131xler, Blanchard, Bliss, But
ler, (Crawford,) Cowan, Craig, Gordon, Graham,
Harvey, Hood, Hofius, Lowther, ill'Gonizal,
Marshall, Mullin, Peirce, Reily, Robinson,
Shafer, Taylor, Thomas, Williams-28.
Nays—Messrs. Abbott, Anderson, Armstrong,
Austin, Ball, Bisel, Blair, Boyer, Bressler,
Brodhead, Butler, (Carbon,) Byrno, Clark,
Collins, Cope, Dismant, Divins, Donley,
Douglass, Duffield, Duncan, Ellenberger; El
liott, Gaskill, Gibboney, Goehring, Happer,
Hayes, Hill, Hillman, Huhn, Irvin, Kline,
Koch, Lawrence, Leisenring. Lichtenwallner,
M'Donough, Manifold, Moore, Morrison, My
ers, Ober, Osterhout, Patterson, Preston, Pughe,
Randall, Reiff, Rhoads, Roller, Schrock,
Seltzer, Smith, (Berks,) Smith, (Philadelphia,)
Stehman, Strang, Wildey and Davis, ,Speaker
-59.
So the question was determined in the nega
tive
The question recurring on the adoption of the
resolutions,
Mr. ARMSTRONG. To avoid a number of
minute amendments, which otherwise it might
be necessary to offer, I will move to amend the
resolutions by striking out all after the woi d
"Resolved," and insetting the following resolu
tions, which are in substance the same, and for
the most part in the same phraseology.
The amendments were read as follows
Resolved, by the Senate and House of Represent
of the Commonwealth of Pennsylvania, in
General Assembly met, and it is hereby resolved by
the catt.lwily of the same, That We recognize the
Constitution of the United States as the supreme
law of the Janie, and that all laws enacted either
by Congress or the Legislatures of Ole several
States, which are contrary to its provisions, are
null and void.
Resolved, 'That the laws of the United States
are of paramount authority in every State of
the Union, upon all matters within the exclu
sive jurisdiction of Congress, and that any at
tempt on the part of a State, by State laws, to
annul or hinder their due execution, is in vio
ation of both the letter and spirit of the obli
gations due from the people of each State to the
General Government, and to each other.
Resolved, That the citizens of this State, in
,common with the citizens of other of the free
States, have just cause to complain that their
constitutional rights have been denied to them
in some of the Slave States—that the freedom
of the press and of speech has been abridged—
the rights of personal security have been viola
ted—they have been, on frequent occasions, ar
rested, imprisoned and punished, without trial,
even to the taking of life by lawless violence,
and without interference on their behalf by the
constituted authorities of the State. Yet we
believe that the remedy for these and all other
grievances between the citizens of the several
States, is in the Union, and under the laws of
the land.
Re.soltyxl, That we reco g nize the right of every
Slave State to regulate and control slavery
within her limits, each in its own way, subject
only to the Constitution of the United States,
and that we deny the right of Congress, or any
of the other States, to interfere with it, either
to limit, modify, abolish or coni.ol it, within
such State. But, on the Contrary, it is the
duty of Congress, when required, to suppress
insurrections and domestic violence, by military
force, if necessary.
Raolva, That it is contrary to the first arti
cle of amendment to the Constitution of the
United States, and to the Seventh section of the
ninth article of the Constitution of Pennsylva
nia, to abridge the freedom of speech, or of the
press, and contrary not only to both these Con
stitutions, but to the genius of free govern
ment, to submit either to any other control
than the responsibility for its abuse; and whilst
we deprecate every abuse of such freedom, we
cannot, in the interests of any section or people,
offer so great a sacrifice, even upon the altar of
peace, as their subjection to any other re
straint.
Resolved, That the Territories of the United
States, previous to their recognition as States,
are under the exclusive control of Congress,
which has the right to make all needful rules
and regulations respecting them ; that whilst
we do not recognize the doctrine that the Con
stitution of the United States carries slavery
into the Terriltries, we are in favor of an ad
justment of the whole question of slavery in
the Territories in such manner as shall settle it
forever ; and to this end we recommend that a
line, not further north than the Missouri Com
promise line, be established, and sanctioned by an
amendment to the Constitution, whereby, in all ter-
ritory north of such line, slavery shall be for
ever prohibited ; and South of which, neither
Congress nor the Territorial Legislature shall
have power to prohibit it ; and the Territorial
Legislature shall have the exclusive power to
regulate and control it in like manner as a State
might do, except only that it shall not, during
the territorial condition, prohibit or abolish it.
And the people of any Territory containing suffi
cient population for one member of Congress,
in an area of not less than sixty thousand, nor
more than eighty thothiand square miles, shrill
have the right; preparatory to their admission
to the Union, to adopt a constitution either
admitting or prohibiting slavery, and shall, on
their application to Congress, be admitted with
or without slavery, as such Constitution may
determine.
Resolved, That Pennsylvania is loyal, to the
Union, and faithful in the observance of the
Constitution and the laws ; and in manifesta
tion thereof, the Judiciary Committees of both
the Senate and the House are hereby instruct
ed to inquire whether there is any law in force
in Pennsylvania which conflicts with the col
stitutional obligations to the government of the
United States, or which prevents or obstructs
the•due execution within her jurisdiction of any
law of the United States, and if there be any
such law, to report by bill or otherwise.
INDEPENDENT IN ALL THINGS-NEUTRAL IN NONE "
X.i. V
HARRLSBUtiG, i•A. FRIDAY AFTERNOON, JANUARY 25, 1861
Resolved, That we cherish for our brethren of
the Slaveholding, States the most cordial and
fraternal regard ; and whilst we claim and insist
upon the recognition and protection of all our
constitutional rights, we cheerfully admit in
them an equal and inviolable right to the same
constitutional privileges. and to the equal and
impartial protection of the government. That
we hold the - Non to be the only sure basis of
our continued prosperity and happiness, and the
enforcement of the laws an imperative and un
avoidable duty of the Federal Government es
sential to its preservation, and to be accent
plished, if necessary, by its entire civil and
military power. That Secession is Revolution,
and inevitably leads to war, and that in such an
emergency Pennsylvania tenders to the Presi
dent of the United States the whole resources
of the State for its suppression.
Mr. ARMSTRONG. I rise, sir, to address
myself to the consideration of these resolutions,
under a deep Impression that we are about to
consider the most important question which
will engage our attention during this session of
the legislature. Pennsylvania, at this time,
stands in a very peculiar relation to the Union.
Her influence will be felt; and it is light that
she should speak upon the questions which now
agitite.the country in a manner which shall be
incapable of being misunderstood, and that her
proper influence should be exerted to allay the
national strife and lead us, if it be possible,
back to that safe and sure ground upon which
the government has stoodsince its organization.
In regard to the resolutions from the Senate,
which have been under consideration, I have
only to say in brief, that they meet my hearty
concurrence. I believe that they express the
sentiments which ought to be acceptable
to every member upon this floor.
But whilst I say. this, I believe that their ut
terance is uncertain. They do not express the
sentiment of this House, or of Pennsylvania, in
that unmistakeable manner which will carry
the weight that is due to the influential position
of this State. The resolutions which I have the
honor to submit speak, I think, with greater
certainty, and therein I conceive to be the es
sential difference which constitutes the ground
on which I prefer them.
I de not pronose, sir, to discuss all these reso
lutions at length. rl'he first and second resolu
tions may be considered as truisms, for they as
sert only the supremacy of the Constitution and
of all laws made in accordance with its provis
ions. Ido not know that any objection will be
raised to them, and shall waive any discussion
of them for the present. The third resolution
touches upon a subject on which I think a pro
per manliness requires that the State should un
mistakably express her sentiment. My resolu•
tion declares :
"That the citizens of this State, in common
with the citizens of other of the free States,
have just cause to complain-that their consti4
tutional rights have been denied to them in
some of the slave States ; that the freedom of
the press and of speech has been abridged—the
tights of personal security have been violated—
they have been, on frequent occasions, arrested,
imprisoned and punished without trial, even to
the taking of life by lawless violence, and
without interference on their behalf by the
constituted authorities of the State." •
This resolution, thus asserting the gross and
outrageous violence which has been done to
the Constitutional rights of the people of Penn
sylvania and others of the free States should, I
think, be adopted by this Legislature. " It is
not only our right and privilege, but a duty
which we owe to the people of the State. The
resolution further declares that :
"The remedy for these and all other grievan
ces between the citizens of the several States is
in the Union and under the laws of the land."
This applies to every State and all forms of
grievance. Certainly there are no grievances of
the South that exceed these in violence, or in
the tendency to provoke retaliation. When we,
therefore, express to the South our willingness
and determination to submit these grievances,
which are greater than theirs, to the arbitra-
ment of the laws, it is putting ourselves in the
strongest position which it is possible to assume
in respect to this question.
The fourth resolution recognizes the right of
every slave State to regulate and control slavery
in its own way, subject only to the Constitution
of the United States. Upon this, all parties in
the North are entirely agreed ; and I shall not
further discuss it.
The fifth resolution declares,that it is contra
ry to the Constitution, both of Pennsylvania
and the United - States, to abridge the.freedom
of the press or of speech. This iss. sentiment
which it is peculiarly proper that this Le
gislature should express at this time. It
can hardly have escaped the observation
of any one, that a large part of the com
plaint made by the South is not directed to
the special enactments of Northern laws, but
it is a complaint against the prevalence of a
sentiment ; it is a complaint that we have not
placed bonds and fetters upon free, speech and,
upon the freedom of the press. It is right that
that we should declare to the people of the
South that we are not prepared; even though
the refusal should result in all the horrors of
an armed conflict, to yield those rights which
are essential to the preservation of our freedom,
Our position should be unmistakably expressed
in order that the South may understand dis
tinctly how far wo will go, and how far we
will not.
But, without further comment, I proceed to
consider the sixth resolution, upon which I am
well aware there is some, perhaps much, di
versity of opinion in this House.
It is the resolution in respect to slavery in
the territories. I have not thought it advisa
ble to introduce, at this time, resolutions cover
ing the entire scope of this much vexed ques
tion. We are not here as a Congress to delibe
rate and determine, with minute exactness,
upon all the provisions of a settlement.—
But the question of slavery in the territories
lies at the very root and is the foundation of
all the difficulties which have arisen between
the North and the South. I have deemed it
quitesufficient that we of Pennsylvania should
express our sentiments upon this branch of the
subject, as being the paramount muse of all
the trouble; and if we can Witte to a harmoni
ous action upon this, all other questions which
are of comparatively minor importance and
upon which the sentiment either North or
South is not very widely different, can be set
tled without difficulty. This Is the great and
overruling difficulty which has involved us in
our present National peril.
What this resolution proposes is, in brief, a
restoration of the Missouri compromise line. It
comes distinctly and fairly up to this issue, and
invites the Pennsylvania Legislature to express
to the people of the country, whether or not
we are ready for a settlement of the slavery
question. Let us for a moment consider it.
We should greatly misinterpret the action of
the people at the last election, if we supposed
it had any other effect than simply to pro
nounce the verdict of the people against the
fraud committed in the repeal of the Missouri
Compromise and against the frauds perpetra
ted in Kansas. Sir, how many of all the thou
sands who voted with the Republican party at
the last clection,had read the Chicago platform?
As the embodiment. of general principles, as
the best expression of any party upon the issues
of the last election, I cordially and fully en
dorsed it. I voted recently for the resolution
endorsing it, and would do so again, because
as a general expression it comes much nearer to
an expression of a proper and national senti
ment than any resohitions or platform of the
last campaign.
But, sir, we are not standing in a posi
tion to examine party platforms with criti
cal nicety. We are now in an emergency
which rises above all party considerations. Sew
ard, and the great leaders of the party every
where, have boldly,_and with a patriotism
which does credit to heir understandings and
their hearts, avowed that this Union is superior
to any and every party.
What is the present condition of the territo
ries of the United States ? At the present time
they are covered by. the Dred Scott decision.—
We, as Republicans representing a very large
class of the citizens of . the North, hold that that
decision is extra-judicial, and that we. are not
bound to recognize it as the final and conclusive
decision of the Court. Bat we cannot doubt
that the Court, as at present organized, would
re-affirm that decision; and if it is to stand, Sla
very is carried into every foot of all the terti ,
tories by force of the laws of the United States,
as declared by -the Supreme Court ; and any
one, North or South, who would attempt to
nullify that law becomes as much a nullifier as
any man in South Carolina.
Let us understand our position in this respect.
I wish it to be understood that Ido not hold
that that decision, as now made, being an extra
judicial opinion, is the expressed opinion of the
Court. But if that opinion were re-affirmed, as
under the present constitution of the Court it
unquestionably would be, then I say there
would be a law of the United States covering
every foot of territory that we possess, and car
rying slavery into it all. Now, it is idle to de
ny that this is the force of that decision. It is
just as much the decision of that Court as any
decision they ever uttered, if only it tad not
been extra judicial. That is the only ground
that we can take in assuming that it is not their
decision. This resolution is carefully worded,
and it declares that we do not recognize the
doctrine that the Constitution of the 'United
States carriesslavery into the territories. Yet
it is a fact which we cannot disregard.
Neither can we shut our eyes to the pres
ent constitution of the United States Su
preme Court, and its present unmistakable
proclivities ; and unless . the constitution
of that Court should be changed , the prin
ciples announced in the Dred Scott decision
will, in all probability, be re-affirmed, and would
stand as the decision of the Court.
Now let me call the attention of the House to
another consideration ; the location of the line,
and the character of the terjitories. it desig
nates. It runs westward from the southern
line of the State of Missouri, till it reaches the
eastern boundary of California. The territory
south of it is comprised in New Mexico and Ar
izona. California, through which its extension
would pass, is already disposed of, because it is
a sovereign State ; and much of the agitation
which attended this question in 1850, is obvia
ted by that fact. The only territory that now
lies open to the encroachments of slavery,south
of that line, is the territory I have named, of
New Mexico and Arizona. Sir, God and nature
have forbidden that slavery shall go into the
territory of New Mexico. It is covered to a
very large extent with high mountains crowned
with perpetual snow, and whose sides are barren;
its rivers run dry in summer. The only fertile
ground in the great body of the territory
consists of the narrow valleys which line the
rivers, and upon a great parl of which vegeta
tion cannot be supported except by artificial ir
rigation. • •
Is it possible that slavery can go into that
territory ? Sir, nature itself has there set bounds
to it, stronger than any constitutional' restric
tions which the people of the United States
could by any possibility devise. Then, so far
as the question affects this territory,it is not an
open question, because slavery 'cannot, by any
possibility, go there. Nature has provided
against it, and it is impossible that slave-labor
should there be remunerative.
As to Arizona —a small territory lying North
of Texas—a territory not equal in size to the
single State of - Pennsylvania, I am not particu
larly informed as to its physical characteristics,
because I have not been able to get information
upon the subject. But admit that it is adapted
by nature to the introduction of slavery, what
is.it It is a territory of size only sufficient for
the erection of one State not larger than Penn
sylvania ; and it is the only part of the entire
territory of the United States which is now in
the slightest danger of any permanent admis
sion of slavery. I care not what are the Con
stitutional provisions ; I care not what are the
laws respecting it; it is the only territory south
of the Missouri line into which slavery can, by
any possibility, be carried.
I have brought here a map to show more dis
tinctly the position of our territory with respect
to this question, and how the line proposed will
affect it. I beg to call the attention of the
House to this map. By it we see upon what a
mere phantasy, on what an empty abstraction
we are contending. Here [l:tiding up the map]
ends the Missouri Compromise line. All this
territory painted in green is given over to free
dom by the proposition contained in this reso
lution. How much of the territory of the United
States is given up to slavery ? Not uncondition
ally given up ; we are not carrying slavery into
this territory by positive enactment. I never—
no, never, so help me God—would give my
vote anywhere to carry slavery into any terri
tory by positive enactment. •
This is a different question and a totally dif
ferent proposal. Let us return again to the
map. Here you see all the territory which, by
any possibility, would ,by this compromise line
be thrown open to slavery. In all this terri
tory [pointing to the map] it is forbidden by
the laws of nature ; and by these laws alone
will be forever exempt from the footstep of .the
slave. How much is left ? This little green
patch, not so large as the. State of Pennsylva
nia, is the' nly territory covered by fhis com
promise, in which slavery becomes possible un
der any circumstances.
Now what are we contending for ? Do gen
tlemen say we are contending for a principle ?
What principle ? That slavery shall not sbe
carried into the, national territories? . We do
not propose to carry slavery into any territory
by any direct and positive enactments of law.
We suffer the territories, by thiscompromize, to
lie open ; and while they remain territories to
be, so far as this question is concerned, tinder
the exclusive regulation and control of the tar-
ritorial Legislature, depriving it only of the
power, during the territorial condition, to pro
hibit or abolish it. But when a constitution is
prepared for the admission of the territory as a
State, the people may make it a free State if
they please. I would not place any trammels
upon the people which would prevent them
froth throwing off the institution of slavery, if
they do not wish to have it among them.
My resolution provides that this arrangement
in regard to the territories shall be sanctioned
by a Constitutional amendment. There is rea
son for this. When the Constitution was
formed, all the territory which we then possess
ed had its'condition fixed with regard to slavery,
first by the ordinance of 1787, and then by the
Act of Congress of 1789, which was merely a re
enactment of the ordinance of 1787. At that.
time the entire territorial question was settled.
There was no other territory with regard to
which disputes could arise to disturb the peace
and harmony, of the. Union. The Constitution
never applied to territories; it had no relation
to them. Whatever may be the force of the
Dred Scott decision, it is oontrary to the settled
practice of the government from its foundation.
Let us recur to some facts in regard to the sub
ject. The territory of Louisiana was acquired
in 1803, by purchase from Napoleon Bona
parte. When Congress was convened in
special session for the purpose of ratifying
that treaty, an Act of Congress was passed vest
ing in the President of the United States
the right to control and- govern that territory
by the laws which were then in force in the terri
tory. Those laws were the Spanish laws. They
constituted the Intendant-General under Spain,
at that time the virtual king of the country.
He was intrusted with powers utterly at va
fiance with the Constitution of the United
States, and with the genius of the government.
Yet, by act of Congress, the powers of that In
tendant-General of Spain were for a time vested
in the President of the United States. Had
the Constitution of the United States been then
considered as controlling territorial legislation,
the act could by no possibility have passed, for
its was a plain and direct violation of its pro
visions. And again in 1819, a precisely similar
law was passed on the admission of Florida.
To say that the territories of the United
States have been governed by virtue of the Con
stituticn, is totally at variance with the whole
history of the government. And, sir,we are at
this moment, in some psrticulars,governing the
territories of the United States in direct violation
of the Cor_stitution of the United States. Itnever
did apply,it never was intended to apply,to the
territories. Why, sir, the Constitution of the
United States provides that the judicial power
of the United States shall be vested in Courts
to be appointed by Congress, whose judges
shall hold their offices during good behavior ;
Yet in the - territories Congress establishes
Courts whose judges hold their offices. for a li
mited period. I Ili slit give other illustratioris,
but I do not propose to go extensively into that
argument. The question. is upt one of imme
diate and pressing "consequence, and I have no
disposition to pursue the discussion farther.
The • advantage of making the proposed set
tlement of this question by an amendment to
the Constitution is, that otherwise the subject
will be always liable to be re-opened. with angry,
vindictive and injurious debate. But when we
have disposed of it' by a Constitutional provi-.
sion, as here proposed, it is removed entirely
from the discussions of Congress.
Mr. BYRNE. Will the gentleman allow me
to ask him a question?
Mr. ARMSTRONG. Certainly.
Mr. BYRNE. Did not Congress, in 1850, as
part of the compromise measures of that year,
pass an act providing for the capture of fugi
tive slaves in the territories of the United
States?
Mr. ARMSTRONG. Certainly they did.—
Congress might pass any such act, not by vir
tue of powers,conferred by the Constitution of
the United States, but in virtue of the sove
reignty of the United States. The Constitution
never applied to a territory. The territories
have been governed, not in accordance with the
provisions of the Constitution, but by virtue of
the sovereignty of the United States, as vested
in her by right of purchase. And that right is
absolute, uncontrollable, except at the discre
tion of Con - ress. It is not a right obtained by
virtue of the Constitution, nor exercised in ao
cordance with it. It is a right that rises even
superior to it in some respects—not in all.—
This right of sovereignty vests in the Congress
of the United States a right to control the te-x
-ritories in whatever way they may think best,
because the United States is the owner of the
territory, and any right of proprietorship and
ownership is vested in them.
But, Mr.. Speaker, I have shown how small
is the territory that now lies open to the intro
duction of slavery. Is it worth a quarrel ?
Here we stand admittedly upon the very verge
of a civil war. Pennsylvania to-day holds the
keys of this Union in her hands ; and if Penn
sylvania speaks to Maryland, to Virginia, to
Kentucky, with a voice of kindness, such as
will persuade them of our fraternal regard and
bring them over to a reasonable view of our
mutual interests, tho revolution now threat
ened is divested of most of its importance, and
becomes inconsiderable in its extent and con
sequences.
But gentlemen say "this would be conces
sion ; it would be giving up our position."—
We are not conceding anything which it is es
sential we should adhere to. We are not
giving up any of our positions which involve a
sacrifice of principle.. What was the origin cf
all this trouble ? From Fromm what causes did it arise?
Can any man shut his 'eyes to the fact that
this question has arisen almost exclusively from
the repeal of the Missouri Compromise ? Had
that Compromise line remained till this time,
as the law of the land, there would now be no
Repnblican party of any considerable strength.
The South repealed that line. They said,
"we will carry Slavery into the territory north
of that line—we will do so by virtue of a. deci
sion of the Supreme Court, and under the sanc
tion of the Constitution." The Republican
party stood up to say, "you shall not do so,"
and the people have endorsed their position.—
They have said, • "we consent that you shall
have the privilege of taking slavery below that
line, but you shall not curry it into one acre
of the territory north of•it:' , • That is the-qtres
tion which this eked= 'decided. To say that
this'election was a raice;:•lmir-splitting. wire
drawn. discrimination with regard to the doc
trines of - the 'Chicago platform is totally to
misrepresent the people of the State.
The South then repealed this compromise.
If now, by a Constitutional amendment, we re
enact it unalterably; what do we do? We force
the South back to their former position ; we
put the Territories in the eontion in which
they were before that line was repealed. Is
this an undue concession of the North to, our
brethren of the South ? The advocates for the
universal diffusion of slavery now stand before
the people fortified with the decision of the
Supreme Court of the' United,States. They
mantas that the Constitution has, by thy
ftfam Erintingi Pffitt.
Having procured Steam Power Prersco, weorp
Prepared to execute JOB and BOOK ERIN riNti
JeEcriplion, cheaper that it can be done at .n 1" 0:h , - -
I . l 2liattrueutin the country
HATES ur auV e.liffSING.
Ilgrrour lime hr ken constitute one hall ' , le :re. I. ,
are, or mere than to :r colaatitute a equal. ,
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Kir BUsiness notices inserted in the Lcori. celuenl •
before Marriages and heaths, FIVE CRNi iS rEe. :..f. ,
(hr each instrtion.
NO. 19
{ifir , ,tarriageS and Deaths to be char': r • •
4dvvrtisements.
highest tribunal known to our laws, boon .7. :
dared to carry slavery into every foot of set
national territory. We easy to them, "No, sate
shall not plant its foot in any part of that whne
lies north of this line." Yet gentlemen will lie::
and say that we are making humiliating coarse
sions ; that sanctioning this Missouri Comprom lee
line, we are yielding to the South every prittel
ple that was involved in the last election. i
hold, Sir, that this is not the case. We are
compelling them to recede. We are saying to
them, " you shall not, under the Died Scolt
decision, or any other decision, or by any maws
whatever—you shall not bring Slavery north
of this line." We compel them to go b'd seed
take their position where they stood when that
line was repealed.
Is this humiliation ? Admit it, if you pleage,tu
be concession, is there nothing at stake of equiv
alent value ? All legislation is a compromise.
I have no sympathy with the expression which
has gained so much prevalence of late, thne
"the day of compromises is past." The day of
compromise is never past, in a deliberative as
sembly. All legislation is a compromise. Every
concession, made by cue man to another, upon
any question, National or otherwise, is a com
promise. We arc called now to consider those
qUestions in their beating upon the great Ne
i tional interest. To stand boldly and rigidly
,etpon the lines of a party platform, and to sey
That this platform is paramount to all the core
siderations suggested by the nation's present
crisis is, I say, a perversity of party, and is un
worthy of the representatives of any people_
Sir, we are in an emergency which rises far 5,t
-pond considerations like these. lam here as a
Republican ; I was elected as a Republican. ; I
am a Republican now, and will be till this
question is settled. When I return to my con
stituents, they recognize me as a Repubiican •
they know that I am a Republican • and from
a recent visit among them, I know that the see,
timents which I now express are endorsed - by
them with very great unenleaity—a unanimity
which surprised myself. I was met repeattaily .
by persons, who said to 1:11; "Why do riot thoett
resolutions pass.? Why do you not do sumo--
thing ? Why do you not utter the voice of
Pennsylvania in a manner which shall be fat
and understood—with no uncertain utterance:
Why not hold up the hands of those pattiots of
the South who aro struggling, not for ascension,
but to preserve the integrity of the Union?"
Mr. Speaker, I have uo sympathy with South
Carolina. The moment a State secedes, the
moment she is outside of this Union by her own
declared act, she is in rebellion ; and in the
language of my friend from Allegheny (Me.
Waxen/es) it would not comport with the 4;-
1 nity of this State to treat with her whilst rais
ing arms against the Republic. I urge no plea
1 for South Carolina, or any other State that has
declared herself out of this T.Luion. But, sir, I
stand here to urge a plea for Virginia, for Ma -
ryland, for Kentucky, for Delaware, for 751.1.0u
ri, for Tennessee, for North Carolina. I stand
here to ufge that we shall, by this action. of
Pennsylvania, hold up, if we can, the hands of
those patriot men who, in the South, are strug
gling for this Union—such men as Gov. Letti
er, of Virginia, Gov. Hicks, of Maryland, Gov.
Ellis, of North - Carolina—who has declared to
the Executive of the nation that he retinas the
forts be euse he will not permit one overt act of
treason Othin the limits of the State. T.rose
men ar know combatting a strength of re -- --
sentim - 1 and fanaticism in the South, which
dwarfs i l e difficulties which conservative man
1 in the North encounter in opposing the extreme
opinions of Northern men. They are standing
1 before the nation,battling for the Union,against
obstacles which we can barely. if at all, tippler
date. Shall we desert them in this holy cause
and in this hour of their tole? ? For myself I
shall answer no. By the meeneire. which I pro
pose, we give up nothing of value ; wa yield
no principle that has been at stahe ; but we say
to These men, "We aro ready to mott you upon
a platform that is just to you and just to our
selves. We recognize your rights and we mean
to protect our own." They have a right to coil
upon US for this sort of encouragement and as
sistance, and I pray God it may not be defiled
them.
Now, Mr. Speaker, let us look at !tin arlotit:t
aspect. If South Carolina and Alabama, t
all the cotton States unite, it is bet en in.:Tx:,
siderable rebellion—inauysitlerable in its nun ,
hers, in its force and in its moral influenco. "Lt
is utterly impossible that the cotton St:-;
atone should form any coniederacy, by con
or otherwise, which could attain to any respect :.-
•ble position among the nations of the °attn.
But, sir, if you add Virginia and Maryland,
Kentucky, Tennessee and North Carolina, nut
to say Missouri and Delaware, the aspect of th,
question is most materially changed. The seat
of the National Government is now at Wash
ington, in the very midst of Viiginia and
Maryland ; and just as sure as those States se
cede, it will become necessary to protect ties
capitol and the frontier, and an armed land
force will be required. So long as this rebel
lion can be confined to the cotton States, they
can be shut in by vessels of war, in their Itar-
bora, and thus we totally and entirely obviate
the necessity of a conflict of armed forces upon
the land. lint when Virginia and Maryland,
and the States I have named, join this confed
eracy of disunion, then it shall become necessary
to tortify the frontier ; and all along the bor
ders of our own State, we shall have forays and
predatory expeditions from our own State into
Virginia and Maryland, and from them into
Pennsylvania, bearing fire and sword, destrue•
tion and desolation upon homes now resting In
peace and smiling in the fullness of their hap
piness. And let us not forget that the =Liar
tunes of war fall mainly on the innocent--and
such a war! If, in the providence of God It
shall ever come, I shall have this melancholly
satisfaction, that I have used every feeble pow
er I possess to avert it—and may Clod in his
mercy prevent it.
•
And, Sir, have we nothing to gain ? Are acv
now rashly to rush into a condition of things
such as this? And for what? In the name o
Heaven for what? To prevent one little teal.
tory . from deciding for itself whether they will
or will not have Slavery ! For, as to New Nag
ico, the question is already settled. I know
thatlearned gentleman here, familiar with throe
topics, will say, " why, Slavery is already in
New Mexico." I grant that Slavery is there
by an act of the territorial legislature of New
'Mexico ; and that that legislative act, not be
ing annulled or controlled by any act of Con
grees, it remains, upon the statute-books. Th 3
history of its passage is perhaps familiar to all.
A' raud, conceived in Washington, was perpe
trated for the purpose of adding a Slave Stat?
to our confederacy. But Slavery is not canted
#lteimela a territory as that by mere paper raa
chinery. I repeat, sir, that so far n 5 New Ment
ion is concerned, the tenitory is virtually tree.
Why, how was it with, reference to Oregon- e,
territory which, like this,
is made free by nature.
When Oregon territcry was orzaulmd, the
mot prcrViso was inserted in the act„ and Pros&
[Continued cn Swath Papa]