The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-11

laws Of the United States or which shall Law any person u
profession worshp in all Of which he shall Be free
tain his own and not be burdened with those OF another
For the Territory of Missouri Act passed 1912 section
4 four; .sE
"An providing for the of the Territory of
SEQ A. And be Il further enacted, That the legislative
power shall be yesed in general assembly which shall
esentass The general assembly shall have power make
laws, in all both civil and criminal the good gov
states.'' -
For the Territory Of Arkansas Act passed 1919.
An act Ct establishing separate territorial in
SEC s: Andbe Il further enacted That the legislative
power shall until the organization Of the general assembly
judges OF tho superior the Territory shall have
power to pass law for the administration Of justice
1ss sos H1a
rded That whenever the general assembly shall be organ
in and be exercised BY, the said general assembly
csc O. Andbe further enacted, That much of the
ydng for the government Of tho Territory Of Missouri
scribes the powers and privileges thereof" DC.
For the Territory of Florida Act passed 1922:
"SEc. s. And be further enacted, That the legislative
power shall be vested in the and in thirteen of the
the legislative council who shall be appointed annually by
President Of the United States by and with the advice
and Of the Senate from among the citizens
United States residing there The governor by and with
the advice and Of the said Legislative council
majority of them, shall have power to alter modify, or
repeal the laws which may be in
of this act Their legislative powers shall also extend all
which is inconsistent with the constitution laws the
United States which shall lay any person under restraint
professions, worship; all Of which he shall be free to
maintain his and not burdened with those of another
When we thus see the powers conferred upon these
Territories and in connexon with this further that
in all these territorial organizations in addition to the af
powers they have important powers
conferred by the following clause which will be found in
exact words, substantially the same in all, and which
is taken FROM the bill organizing Missouri Territory,
namely;
"SEc. la. And be further enacted That the laws and
Of this act and the provisions
thereof shall continue in force until altered modified
pedted BY the legislature. ft
Giving here the power of altering modifying or repeal
ing all the laws and regulations that may have been in
| istence before its organization l.F .
Whatever construction there may be placed, ul
tmaely, upon the legislative power of this BILL think
enough is shown to justify in asserting that the same
construction may be placed upon the legislative power of
the Territories have before named and that the OBJ
cons urged upon this point against this bill could have
been with equal proprcty and force urged against those
other territorial governments Therefore taking this terri
toral legislation altogether this bill is in conformity with
precedent there the ordinary extension of
legislative power and that whether extraordinary
dinary in either aspect it is TO be infinitely preferred upon
any principle OF right and OF policy TO the Missouri proh
bition
Hcnce think that upon a candid, fair and delibertve
examination of the BILL thus far the objections must dis
appear. And TO the next point Of objection
the that ha created he interest and attracted
the most attention. thought and discussion, and, may
say contrariety OF opinion allude to what is commonly
upon this floor denomna,ed the Badger proviso" II is
the last clause in this section of the b and reads fol-
lows; ra. q ... #.#s. ..#.#.. ..I.r
"Provided That nothing herein contained shall
srued revive put in force law regulation which
may existed prior Of 9th March, lsfo either
protecting establishing, prohibiting, aboshing slavery
From what have said my position is known upon this
bill and this proyso' cannot affect it care nothing
about il Possibly would that it out than
in. 1t is by many considered useless superuous
provision; but useless superhuous not hold there
Is not sufficient in il TO justify the position Of some
temen from the South against the bin.
What does the proyiso eect2 The question which meets
at the threshold of this inquiry is whether there be
any local law in all that Territory and the revival off
which this proviso is prevent If there be such law
there, then 1t is useless and can effect nothing.
am disposed to believe with the gentleman from Ala
bana Mr.. PHILLIPS and the gentleman from Virginia |
Mr.. BAyLY that in that Territory there is no local law
existing, that viii exist through the simple repeal
Of the Missouri prohibition You have in this Territory
neither inhabitants organization, local jurisdiction
You have inhabitants Congress having long since in
erdcted people from going there You have no organza
by which the form and vitality Of law maintained
You have jurisdiction by which IT could be admins |
executed for these Territories beyond the ju
rsdicon of any State or Territory.
But IL said that laws and do exist Territories
not inhabited True but il always lies within the limits OF
organization either State Territory and the urs
dicon the State Territory extends its limits
the inhabited and uninhabted country without inhabi
ants without organization, without jurisdiction
have local laws BUTT is said by gentlemen upon
this floor that there laws In the Territory that II
within organization and within Jurisdiction and that
the repeal of the Missouri prohibition would revive these
in respect slavery they being the only laws abolished by
It, all other laws being in full force they for
all time before admit that these Territories were at
time subject to law under organization and jurisdiction
As the province Of Louisiana II subject to- first the
French then the Spanish, then the French law hatever
was After its acquisition by the United States with the
that brought with it, the District of Louisiana
and placed under the jurisdiction of the Indiana terri
toral government in 1904 this government made laws
for it. Being in 1905 organized into distinct Terri
tory it made for itself; and in 1872 it being or
until Missouri admitted into the Union and for that
time the Missouri Territory made laws for IT. Missouri
admitted into the Union In 1871, It's limits de-
fined the organization and jurisdiction Of the whole Ter
rtory Missouri drawn TO these established limits
and these Territories Of Nebraska and Kansas were
left without organization without jurisdiction without
bans and in addition Congress not only refused TO
establish any territorial government but in,erdiced peo
pie from emgratng there; and find all this great
and Wild country without any local government without
any inhabitants subject alone the constitution OF the
United States the laws Of Congress passed in pursuance
thereof and to the jurisdiction of the United States IL
local laws there you have the Spanish the French
the territorial laws the civil law introduced by France
the common extended by the territorial legislature
Of Missouri and this of laws has been lying there
donsnt years upon years sleeping there waiting only
reused into energy and into action by the tread of the
| emigrant # etHaU.0. sH#
| Let IT, then be matter Of grave doubt whether AM
local laws Of any kind exist there The design Of this pro-
vso prevent the revival which Is apprehended might
By the absolute repeal Of the Missouri prohibition
Of any law regulation establishing abolsbn9 slavery
4 4ogtxx hp in