by the approving voice of the Ameritee have deemed it their duty to incor1 their territorial bill, the principles and If any other consideration were necessary, of this course imperative upon the comd in the fact, that the Nebraska country e position to the slavery question, as did when those territories were organized.

upon to enter into the d stions. They involve the same tion, the sectional strife, an

t, whether slavery was prohibited by law Congress deemed it wise and p

from Mexico. On the one hand it was >position, that slavery having been pro

matters in controversy then, e Mexican laws, or by an act dec

Its of Mexico, according to the laws of itution and the extent of th ountry with all its local laws and domestic property in the territories, s e soil, so far as they did not conflict with now to recommend a departu nited States; and that a law, either pro-emorable occasion, either by very, was not repugnant to that instru-n of the Missouri act, or by an y the fact, that one-half of the States of the Constitution in respect t hand it was insisted that, by virtue of the security of the Union, that of the Union, and carry his property withal parties, with singular unani nited States, every citizen had a right to adoption of the compromise r

the other half prohibited, the institution

of law, whether that property consisted

our committee deem it fortunat

article of their faith, and procl

ment of the controversy and an

has arisen in regard to the right to holdt, therefore, for the avowed opi erritory of Nebraska when the Indianer sense of patriotic duty, enjoi me report quotes the section of the Mis- a literal adoption of the enactme and the country thrown open to emigra-ety and necessity of a strict adh 7, ante) relating to slavery, and continue::erritorial bills, so far as the sa disputed point whether slavery is pro-report here quotes various p _ves the constitutional power of Congress these provisions it is appa country by valid enactment. The deci- 1850, and concludes]: and regulating the domestic institutions of 1850 affirm and rest upo

in the case of the Mexican law in New

That all questions pertainin

2D

the act preparatory to the admission d; while the prevailing sentiment in sustains the doctrine that the Cones secures to every citizen an inalienof the territories with his property, of ion, and to hold and enjoy the same Your committee do not feel themselves the discussion of these controverted e same grave issues which produced the fe, and the fearful struggle of 1850. and prudent to refrain from deciding then, either by affirming or repealing act declaratory of the true intent of the t of the protection afforded by it to ories, so your committee are not predeparture from the course pursued on ther by affirming or repealing the 8th or by any act declaratory of the meanespect to the legal points in dispute. fortunate for the peace of the country, on, that the controversy then resulted romise measures, which the two great lar unanimity, have affirmed as a carnd proclaimed to the world, as a final y and an end of the agitation. A due owed opinions of Senators, as well as a ity, enjoins upon your committee the strict adherence to the principles, and e enactments of that adjustment in all as the same are not locally inappli

various provisions of the compromise les]:

ons of the Constitution of the United es from service, is to be carried into organized territories" the same as in for the bill which your committee have mended to the favorable action of the hese propositions and principles into precise language of the compromise

[Senate Rep. 15, 33d Cong., 1st Sess.]

Proposed Amendment

uary 16, 1854

er enacted, That so much of the 8th

way contra ...; wherein it is ex

ritory ceded by France to t Louisiana, which lies north inutes north latitude, not incl ntemplated by this act, sla herwise than in the punishm shall have been duly convicted, hibited. "

[Con

No. 112. Extract from the Territories of Ne

May 30

_ri Enabling Act of March 6, 1820] An Act to Organize the Territor

all that territory ceded by France to name of Louisiana, which lies north

Be it enacted.

That all th

-rth latitude, slavery and involuntary ted States included within the the punishment of crimes whereof ions thereof as are hereinafte

duly convicted, shall be forever pro

erations of this act, to wit: begi

nstrued as to apply to the Territoryer where the fortieth parallel of s of the several States or Territoriestah, on the summit of the Roc to any other Territory of the Unitedce west on said parallel to the cates, or of the States to be formedence east on said parallel to the we d hold their slaves within any of the mit northward to the forty-ni

, entitled as aforesaid, and approved en passed.

Cong. Globe, 33d Cong., 1st Sess., 175.]

Minnesota; thence southward on er; thence down the main cha beginning, be, and the same is he ernment by the name of the Ter itted as a State or States, the

No. 111. Sumner's Proposed Amendment

III.

January 17, 1854

Provided, That nothing herein contained shall be construed to abrogate or in any way contravene .. [the Missouri Enabling Act] ; wherein it is expressly enacted that "in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted, shall be, and is hereby, forever prohibited."

[Cong. Globe, 33d Cong., 1st Sess., 186.]

No. 112. Extract from the Act to organize the Territories of Nebraska and Kansas

May 30, 1854

An Act to Organize the Territories of Nebraska and Kansas.

... "

Be it enacted That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, to wit: beginning at a point in the Missouri River where the fortieth parallel of north latitude crosses the same; thence west on said parallel to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains; thence on said summit northward to the forty-ninth parallel of north latitude; thence east on said parallel to the western boundary of the territory of Minnesota; thence southward on said boundary to the Missouri River; thence down the main channel of said river to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Nebraska; and when admitted as a State or States, the said Territory, or any portion

of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission:

*

*

*

SEC. 9. [The section relates to the judicial system of the Territory.] Writs of error, and appeals from the final decisions of said Supreme Court [of the Territory], shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error, or appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy; Provided, that nothing herein contained shall be construed to apply to or affect the provisions of the . . . [Fugitive Slave acts of 1793 and 1850]

...

SEC. 10. And be it further enacted, That the provisions of . [the Fugitive Slave acts of 1793 and 1850] . . . be, and the same are hereby, declared to extend to and be in full force within the limits of said Territory of Nebraska.

SEC. 14. And be it further enacted, . . . That the Constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved . . . [March 6, 1820] . . ., which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, 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: Provided, That nothing herein