Compromise of 1850: States' Rights Quotes

How we cite our quotes: (Act.Section.Line)

Quote #1

And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil […] the laws passed by the legislative assembly and governor shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect. (Texas.Section 7.1-2)

The territories get to make their own laws, but the federal government can nix them when they think that power belongs with the federal government instead. As seen during the nullification crisis of the early 1830s, though, it doesn't work the other way around.

Quote #2

And be it further enacted, That all township, district, and county officers not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory of New Mexico. The governor shall nominate, and, by and with the advice and consent of the legislative Council, appoint, an officers not herein otherwise provided for […] (Texas.Section 8.1-2)

Can you imagine if Congress had to define every single government position in every state? We'd be here for weeks.

Quote #3

And be it further enacted, That a delegate to the House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representatives. (Texas.Section 14.1)

As new territories were created and absorbed into the United States, the federal government made sure they got the same representation in Congress as the other territories. After all, you don't want the new kids to be treated unfairly, or no one will want to play with them.

Quote #4

[…] the Territory of Utah; and, when admitted as a State, 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. (Utah. Section 1.2)

The "popular sovereignty" strategy championed by Stephen Douglas got its first chance to really shine with the Compromise of 1850. The idea left a major decision—whether or not to allow slavery—in the hands of the states. It must have seemed like a good idea at the time.

Quote #5

And be it further enacted, That the Superior Court of each organized Territory of the United States shall have the same power to appoint commissioners […] which is now possessed by the Circuit Court of the United States; and all commissioners who shall hereafter be appointed for such purposes by the Superior Court of any organized Territory of the United States, shall possess all the powers, and exercise all the duties, conferred by law upon the commissioners appointed by the Circuit Courts of the United States for similar purposes, and shall moreover exercise and discharge all the powers and duties conferred by this act. (Fugitive Slave Act.Section 1.1)

How do you start enforcing a law that's been effectively ignored for decades? Well, you put more hands on deck. The new iteration of the Fugitive Slave Act, but gave both the fed and the states the rights to appoint commissioners to enforce the Act. Just to make sure people didn't get around obeying the law.