Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-06-27

! kDtiWl III NJ UDUllUlllult. W =. .,t I.ltlp m
III. ,j,ic.,inn uu5 ,lrrcbr tn sacrifice nr even 'iIr'
important advantages which lrli!''''' ""I Sir. [,
tiun. and iirmncSs. will not fail I" ch." .,uId he tt
ndopt the course implied i'll The "ll''i"n, ,r.;ri.tiu.
condemn ourselves la our present u"I"'
AMI exclusion forever. .,,rr,ot NOR,
Mr.. Chairman. let lis examine, WITH so ,,Ii",,inn,
of minutcl,css, into the character III ~ Law Inv Of NJ.
and ascertain the present "fnf"s u ~ ~ .i,ycrv, :hc
hru.kc III reference to ihc institution nl nr, tLr
manner in which il will be effected IN ,ls II will
bill shall pasf. or cnrrclativrly N% IT'S ",ls" . ,hcrI uro.
be conceded that we have 10 S1!:Il.'I 'cr;y in his
tcc.iur the rights Of the owner I" Ills p"". IL, Limited
slave. i We except The Constitute" I'll, The mt,
States. we have no such law there nj al: lave no
o,ntc,l, olsuletr laws Of Franct or Hi" -, ,,fcncv
ttorcellerc nj all. They hnve M virtue, II" 1--we. O
To- pro,cc, the rights 1f the owner OF . :, stu.u,.,
the s"n;rary, there is e e., PS SIarri,, ls4a. which express;
ly fnrl,iis that slavery slnll exist in III. i 10 IN. nnrrl,
,f the Mississippi river, aud north oi - - ~ there,
latitude. There is nothing. ti'li' !" ~ ,,,, III the
un,Linr to prutcct az there, hit wc h'' ,rau,isr
h,rLrr ,f th. land By the Missouri linnI. II
sword in hand, Ia rcpcl m, and 4" i"r't Us ;r suf.tv
We succeed in gaining n'lmitinnrr. we nv, ,h. United
only in the virtue Of the Cnnaiiittioh W !. u,nhar
S,nic.. I'm this condition ri things, we hhn Z" :. ;;n"t;c,
NJ northern members, unimaicd by Il sense ~ !!"rn, ,
md Of duty 10 our compact OF Uliioh' VIZ ,r cereal
" come forward and express n fea''IorT' n remove
This unfriendlv net of 9th March, lS@'' "nI ,.yu,inu4
from our way rhiE n%nunyins l%Iindrance anu 80 the
;mucdimrnt; md there arc those rcirts" ii mi.
Smith. who Gisdainlully refuse the nvcr'"'t' ~" ~. II.
wise The rejection of this bill vi repeal, beGa"oe ~ nn
terms, We IRE deprived OF the bcnriit oi Az rn. ,yr
law doctriuc OF rerir0r. We'll, now, -lr, eupt";IIIi liz
follow their advice, anil reject the bull now 'hh .uc
South b. profted! Will she thereby secure H., IN,
ii, of this doctrine Of rtrir'r! Not n; al rho old
will be rcIrittcd 10 her present pos'''on' ,,n ,n,;.
French law, rcpudiatcd and obsolete WIN ~ Eli
slavery restriction OF the Missouri coinprmi''N. ~ WI
force, excluding her altogether from the Iol!ut,ns l..
But suppose we lnES the bill. What thcil ~ w ~ n
condition ~! the South? The Gm;;-s!arcr! e Nv
80 1900 A. S-.,t, ,",ll Ian rul 49, al IN I'LL tluAl-
itv with the North, both having az cf;'@! rieh' 10 ch-
ter the Territory, and IN claim the protection .! pro,
pcrtv, guaranteed by the Constitution oil Tue e"'t"
States. sea-, 49,, n.,,.
InIicr sI,nIl remove into the Territory of Kansas,
and a suit he instituted, To test The validity oi hts t'l'
Ia the slave, what will BE- his conditions! TIC wan h%'
ser; in The trial of his caIu,c that the act ol March !"
1890, known lis the Missouri compromise, Il III Woe
ii,p nf the Constitution. Tint will be his only rrli'
uuc,. Well, sir, | believe it 4 valid defence. ! be
licve the Missouri compromise law 10 be Gnconstl'G,
tinnul. Perhaps IL majority III the present lioisc OF
Representatives concur in ;iiai opinion; bu. none OF
Ms Gun knom what wall he the Judgment oil inc cour';
md if the court shall hold the adverse opinion, and
pronounce the law 10 be constitutional, whit VIII .he
the condition of the owner! Why, sir, he vii! he just
And bcaf: lie will forfeit his property, AMI be Compel
cd TO pay the COS. of the suit. On the other haliG' II
we pass this bill, the Missouri compromise being re-
peuicL. ut the very opening Of the cause, be iin'!'
hilnscli occupying the very position wlicl, III inc
o.llcr case, he could only reach after procuring the
Judgment of the court, prolollrlliS TIC M"'ouGi
compromise Ia be unconstitutional
But it has been insisted tlui the condition OF the
owner will he better if the CART p.on"t:.cc The net TO
be unconstitutiunnl than if il shall lr repealed, be-
cause such Judgment would avoid the net an NINE,
and leave the old laws in full fore. TO protect the right
uf property in the slave; whilst the uct OF repeal by
It's very terms turbids altogether such u result. III
a:iswc: 90 this il may be safely assumed that naY
jrdrmcpt of the court, which pr"nu';Icc. tic Mis-
souri, compromise to BIZ unconstitutional, VIII Dc sup
ported ly the reasoning that Tie Constitution rccc5-
iizcs u property i'll sln"cs, aud IMPOSES an ubliEat!oh
10 protect the property Of every American cilizcl
w,lrrcsurvcr that property inn" lawful: 80 and re-
main. In other words, it must be decided thai llc
Constitution of the United States. p"oprlo r'cor", pro-
,cc;s Tie property of the owner i'll bis Save, hnd iic
will have no NECESSITY, no "ci''I"ii' 10 TGiH on 'ic
anliGuc law nf France ur Spuir. He will clhlin, he
will enjoy, the protection oi the law und ;hc Co;sti'
tuition III his own country.
And. sir, it may he further replied, tiint the repeal
OF the Missouri compromise rniIuot. ly possiDilltv.
DEPRIVE the owner of the defence that The Missouri
conrrnni.c wits n violation ni The Constitutions. He
NAV make avail Of all the advantages which VIII IT,
srl; from the repeal, and then Insist that tbs act was
uurnnstituliona and void 0b 'H''". SO seeiliT M
possible that dctrilncnt rnn result 10 me owner from
tlr la4-nrt, uf the present bill.
Mr.. Cllairmgn. il mas not be altogether unprotita-
hlr 10 examine somewhat into tue nature of this doc
trind OF rcvivnr, 20 mach vnuitrd in this debate, aud
Ia determine liz applicability 10 the present cGSc. III
il Ibid down Us Il mi, N construction by elementary
writer. ON the common law ni England, TINT ii n stat
ute be repealed und The repeating stntu;r itself BE- nj
forwards repealed. the iirst statute s'an'is rrriTcd.-.
Now. sir, il is universally conceded hy the friends AMI
foes nf this bill, Thar TINS doctrine ni rcrirnr rcstr Oh
;,J1jcnfiop. The first statute stands revived, hucarsc
il is impitci 10 he the legislative will. that i: shall
he again pi, in force. The evidence nj the lc:ls!a-
| t;v. will must stand revealed through the phrnscnio-.y
al tl,. rrura.!nc statute: but there Is Il WIDE differ
.,n,, a.; ,Iu:r.,,, :. n, tho IrD.,y' of evidence. REQUIRED
tn II silly the implication. On The Que han" / IL III
sisted tint there must he affirmative %!Hhgnagc, clearly
| imirniin. the legislative mud. Ia justly 'hr iilpllcn-
ton. On The other hand. il il held the implication re-
suits nf nccc--itv-aud tlcs" theories hay" deem tcrt-
| rrilv asserted, Gs2n!icd. defended, AMI ninl;i;iii'e'!,
with great ingenuity. and the di>lla: vi micL prcic-'
| s;nnc! learning. Now, sir. respectfully suggest that
+, y llaiil, unIrar::rl man like inc, this comics; up
| pcarrl IL he waved Oh rnthcr al 'mmHtf"iM 'sSHc:---
FOR il il conceded, even by the rncirits al the 3ii!.
that the Legislature may destroy the iinplica'io:, anu
prevent the rcvivor, by employing negative language,
showing its intention TINT tlc old law sl'nil not sia;I1
| revived. They ubier. Ia the passage ni this bill. be-
car,r tl,cv charge tina. the B@d@rr amendment has
ms tf;rI. But if the terms employed IN TINT pr"vIS"
he capable OF producing that effect, any ";hcr terms
| clearly cvinring the same Intention ot the LEGISLATIVE
mind, must produce the same effect. But there are
term. and clauses in the bill, other than those employ
ed in the Badger amendment, which leave II linpo-si-
| bic 10 doubt H. Ia Tia: intention OF Congress. II !: cX-
pr,.-siv declared Ia be- - Lic intent and meaning "l tie
act, nat To lcgISlatr slavery mo any lcrfltoT. Ut 'cdi''
nor 10 exclude il llerci:om, bnt 10 leave the people
| thereof perfectly free IN form and regulate Their do
mr-tic institutions in their own way, EH!tf' any /"
the Constitution of the United States.
Now, i: ih" doctrine OF rcviv"r should Db'hiii' an"
The Old French laws be PM i'll force, the people OF The
Territory would III: be- lrti perfectly tree /" form ana
regulate ;licir domestic institutions i'll t!ieE own WY.
They would not be lett subject only TO INC C"nsil;''-
ton: they would be- subjected Ia o;lIer laws ana lhHu-
rur,.s; and their domestic institutions vii! have been
| t,r,,,r.l null t..lt,,,,,i bI. :tunilu.r nuS.r. J.. II .IlCfr-
fore obvious To me, ;lat willis; the badGcr amendment
wss sufficient of itself 10 have lrcrcntcri The rf'l'"f
nj the statutes. Vet TIM: Object WIS cticciiaiiy arc"il!'
plislicd before that pruvisn wGs adopted. Inc pr'rl-
-, therefore, did not change tho character of the bill
and any mGn who could havc supported TIE measure
before the lroviso WIS adopted, may jh1t as We'll sup
port it now. ! admit, what is undoubtedly true, tl'at
Independent uf the BnlgCr amendments me pFu'!s'oH'
of the bill exclude the action OF the doctrine oi rcNi-
vur, nui prevent the revival OF any out la~ which
may have existed in Louisiana prior {" NGTc!I u; i?su.'
.'cithcr protecting, establishing, pr"IilbiiiHg, OF an"l,
ishilig slavery" but ii is equally tnc, that, Ii II 'i"a
been attempted to give renewed HE 10 any s"cI INV
this measure would have encountered .errt"'" Ic''"".
With profound respect for honorable gentlemen
who insist oil this doctrine of rcvivor, | submit 'hcE
urge il under remarkable circumstances ihcs ,lsF'
OH giving the force of law Ia IL mere rue Vi '"iSt"I,
ton, which declares that "If u statute be rc}r"Lra' ana
flc rcpcalin. statute itself be afterwards repealed, Tue
first statute stund. revived" Now, sir, before ilicrc
Gun be scope for the operation of this rule, there ihn''
have been Il s'ntvtc ~rrET0hed, otherwise lheIe > UNI m
IN hr rcrircd. What statute has been "i&ntd lnc
net OF Congress of March Il, 1870, docs not profess I"
rcJSwi my statute 1T all. it merely rrerlIrs ina, 'he!n.
stitntiuu of slavery shall never pc cs'aniisie' W "h
uninilabi,cd, nue8pIorci unknown tract Of c"aniry'
wr.t of the Mississippi and north Of 10 81 north ia'!,
,udc: n country in which the institution never haa a
practical existence; i'll which the relation oi Minister
and servant WIS unknown, hccailsc ticrc "ttc II" ict-
SOM present there 20 bear these relations w oIc '.n
n" statute, no INV was yr~0led. The whole body Of
the Louisiana law WINS lett in iul! force, nn'I"cncG'
minimizing the institution OF slavery itscit III Louisl-
,r,cI n practical influence OH the affairs Of men aud
so it has continued in force and Throughout the whole
term, irnm lS.O to the presc,, day, i; has u'airialucd
,h. institution al Slavery in NIL the country south OF