The daily union., 1854-02-10


that The legislation OF 1880 was Inconsistent with the
Missouri Compromse Of 1890 II inconsistent with IL,
i certainly sapessedss ye he says he ls unwilling to
vote Tor the declaration that II supeTsedes a.. but he is
willing TO vote for declaration that Il - inconsistent
with il,
Mr. CASS. do not consider il Az any logical error
my part Tor this simple reason The former act is not
superseded all but is inconsistent with The latter and
the pnncpe OF the latter act requires that the iegis
aure should carry Oai It's latest action aud be consistent
Nothing is superseded until there s some action by The
legislature Legislative action is wanted, and the prlncl
Pies OF The action OF 1850 furnish The motive
Mr. BADGER Why, MIR President, either the egs-
laton OF 1850 is consistent with the legislation oil ls20
or ii is not II IL is consistent with It, then has no et
feet upon it, The latter is inconsistent with he orme
then the latter being the latest act OF legislation, super
sedes the iomer overraes 1t, annuls It, do not men
on this in disposition 10 raise question OF this ma
ture, bat would suggest 10 The senator from Illinois
whether il would not be better for him 10 selec! some
Term which is free from the objections TO either OF these
Lei him say the act of 1929 was inappropriate 10 or un'
necessary after the legislation ol 1850. Would il not be
beuer 10 use some term OF that kind
j Mr. CASS. must confess. withoat recurring 10 that
subject at all that would rather say at once that the
compromse measures OF 1880 are unconstitutional
i Mr.. BADGER. That is another question
i Mr.. CASS. believe They are
| Mr.. BADGER l do not
Mr. CASS. always have believed SO; and therefore
think it better 10 say 50, il we mean SO. and desire
upon ny vote 10 soy So can vote ior that without
MI DOUGLAS We see that the difference here is
only difference 10 lhe appropriate word 10 be used
We all agree IN the principle which we propose now 10
establish AS luts is very delicate IL
IS important TO ascertain which Is the exact and a2pfo.
pirate word, and either OF the phrases suggested
will suit me, wish TO take little time TO consult as TO
which word best suils the members oil the Senate to
carry out the idea which intending put into prac
tical operation by ibis BILL Ii any one is ready TO ad
dress The Senate to.morrow, he can now obtain The
hoos; otherwise shall move that the Senate adjourn,
| with view o proceeding 10 vote 10 morrow morning
upon this question. Before the final vote shall my
sell respond 10 such attacks as have been made upon The
bill Ii any other gentleman proposes 10 lake lhe door,
prefer that he should no now, in order that we may
know who g entitled 10 It IN The morning.
Mr.. HUNTER ! rise TO suggest TO the senator from
Illinois iha be should postpone his motion TO adjourn
until we take up by general consent bill OF the SEN
ate which has back from the House, relation to
the mode oil paying the members OF the Senate. ask
the general consent OF the Senate 10 take up that bill
now
Mr.. BADGER Let il stand until tomorrow.
The PRESIDING OFFICER Il will require the
unanimous 10 proceed with that bill al this
time.
Mr.. WALKER. For The purpose mentioned by The
senator from Virginia, move TO postpone the further con-
sideraon OF the bill until Tomorrow. 1t viii then cone
up at one o'clock as the special order.
Mr.. BADGER. wish 10 say before lhe question Is
taken upon that motion, ~ reply to The suggestion oil the
senator from lliin9is, tia, Il shall be with the unde
standing that the question the passage OF the bill shall
be taken Tomorrow that whatey yer other gentlemen may
do, il is not at ali impossible that shall DESIRE before
the question is taken 10 make some remarks upon The
sabjeci under consideration myself,
nr STUART. will ask the leave Of the Senate 10
make remarknot that am not satisfied with The vote
which have given, because always ntead 10 vote 20
ina, II shall not need explanation; but as II has been
suggested That there IS difefence between declaring
ha, the legislation OF 1850 is Inconsistent with The leg
islaon OF 1890 upon this subject, and in declaring that
that OF 1850 superseded that OF 1920, wish 10 suggest
difference which think most learly exists. The Com
promise oil 1890 in reference to all the territory re-
cejyed under particular treaty lying north OF 80 deg 80
mn Now, that legislation cannot be superseded by any
other legislation that does not eieF 10 the very same sub
lect,hat precise territory. But in principle, the eesa-
ton OF 1850 may be Inconsistent with itlhat is TO say
the compromise measures oi 1850 generally under
stood leave hr question OF local legislation The peo
pie occupying the Territory. In another respect, thai
legislation declares that States, whea formed out OF the
territories hefeln eglsated upon, may come iho thus
Unon, with OF without slavery as the people forming
I The constitution may wish and declare In principle,
therefore, this is feren legislation iron that which ex-
cudes by act OF Congress- slavery north o a certain
line oil laillde but no more supeIsedes II ihaa Con-
gress would rapelsede Law passed for toe State o Ohlo
By passing another deent principle for the Slate oil
North Carolina. Their words different Their meaning
il different To supersede act il to render nOpera
tiycio substitute something else in as stead acting
upon me same SUBJECT and no upon subject hal - en-
! lirely different
All have now intended 10 do is simply to furnish
reason ior the vote have given and that sboad not
have done, II reasons bad not been assigned elsewhere
and d commentary been made uron them by the honOra
bic senator from North Carolina
Mr. DOUGLAS ] do not deem it very important to
continue the discussion this point aIter the notice
which have gwen that shall modify the words so as to
meet he objection that senators make as 10 the meaning
Of the words superseded By" and Inconsistent with"
\ think the senator from North Carolina has made that
that point so clear as to render II unnecessary 10 say
much upon the subject The whole argument this
point rests this mistake. II supposed ihs,
tend that the Missouri Compromise superseded by
the enactment o. the acts OF 1850. say il super
sedei b. the principles Of those acis How The Com.
promise 0f 1920 rested The principle ot a geographical
line, north oil which there to be slavery, and
south oil it there might be- The Compromise OF 1850
Cbetaed the line, aud rested upon the principle tha
The people should 90 hey pleased both sdts Of lhe
line, and come into the Union with without slavery,
as they pleased II was on that idea that principle
substituted Tor geographical line, II II was, sup.
posed II superseded IT, II TO obyiae any technical
exception Upon that wordl think Is appropriate
one--tha propose 10 modify IT. order 10 make i clear
what do tha, is, that ia all territorial organi-
cations hereafter we shall orgsnZe them toe princl.
pie that the people to do they please subject only
10 the constitution OF the United States. | thnk |
! prepare an amendment that will express that idea 80
clearly that our fflends will all be satisfied.
/ Mr.. CASS Will read from the Dictionary.
sugcrsods lSuprssaso; super and ssdso, 20 81 Lit
eny. to set above hence make void, ineicacious,
useless 10y superior power, or by coming IN the place TO
eel aside y render unnecessary 10 suspend Wooster
i lake II the act OF superseding does itself destroy
something else. Therefore, repeat TO my honorable
trends from North Carolina and Illinois that the esiab-
sbment OF principle, my colleague has said on one
subject does aot supsrsede existing one another
/ Mr. BADGER think It is impossible for my excel
lent friend from Michigan TO escape from The dilemma
tonary thrown IN. Either these laws relate to the
subject, they do Ii they do, The maxim OF law
clear and unmstskable that subsequent law, inconst-
ent with prior laws repeas them. That clear beycRd
all dispute and ii they do not relate 10 the sub