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out the words "which was superseded by the principles of the legislation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.
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