The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-23
In CONGRESS- OF THE U. STATES.



Mr BADGER said | shall have probably. Mr. Presi-
dent in my possession, as understand. 10. morrow,
petition from constituents OF my against the passage
Of the Nebraska bill had expected 10 have n this
morning, but have been disappointed | wished, upon
submitting that petition, 10 make few remarks TO The
Senate, and they are quite as appropriate so far as
upon the petitions OF like pupoit offered by the senator
from Maine and will therefore ask the Senate 10 in
duge me IN submitting them now.
Ii my purpose, Mr. President, to endeavor 10 correct
two mistakes which to have been made respecting
the effect and operation oil ndment moved by my.
self and adopted by the Senate TO the bill TO organize the
Territories OF Nebraska and Kansas, coming in. il did,
Immediately alter the amendment respecting the Mis-
souri, Compromise line, adopted on the motion OF the
chairman OF the Committee Territories. |, has been
supposed in the first place. that that amendment in the
form OF proviso, produces in law some elect opera
ton which the words preceding il would no, of them
selves have produced and particularly southern
gentlemen have taken up idea that that amendment
which moved has produced effect, in some manner
or other, nniasorable TO the southern interest which
they represent, and which they desire promote and for
ward.
Sir took occasion, when The subject was under dis
cusson in The Senate the night oil the I'd OF March,
TO say that. in my Judgment as professional the
amendment reported from the committee would have the
effect, and only the effect, OF leaving that Territory with
out any law. either OF allowance prohibition; that the
repeal Of the eighth section Of the Compromise
would not sci up introduce any law which might
have existed previously in that Territory. But, as was
perfectly sihcere IN entertaining that opinion and
doubts were expressed by some gentlemen who
members Of this body, whether it might not have another
and different effect; and besides, deemed ii be
important that perfect rankness should characterize all
legislation and that opportunity might be aoled
Others either for good i'll purposes, TO msrepresent
the action OF the Senate upon that subect-to put
end TO any possibility OF such misnterpreaiion-i sub
mtted the provso which was adopted by the Senate.
And now, as have stated wish in the first place
show and, far subject OF this kind is capable
of il. demonstrate that the bill without the provso
had precisely The same legal effect and operation, and
other, 1t had with the provso The language TO
which this proviso was appended is this
Except the eighth section OF the preparatory the
admission OF Missouri into the Union, approved March g.
1920; which, being Inconsistent with the principle OF
Intervention by Congress with slavery III the States aud
Territories as recognized BY the legislation OF 1850 tom
imperative and VOID being lie true intent and ming
Of this act no' 70 egiae slavery into any Territory
State, exclude II thereirom, but leave people
thereof perfectly Tree 10 form and regulate their domestic
institutions IN their own way, subject only 10 the consilu
ton OF the United States J"
Now, sir il was supposed or suggested that the repeal
of The prohibory clause IN The Missouri act might have
the effect OF setting NJ, putting IN force again. The pro-
slavery law, II sach EXISTED antecedent 10 the passage
Of that ACT, al The time when that territory
quired by France. 1t supposed. upon a
rule sometimes laid down By The common-law writers.
that where statute is repealed and The repeating statute
is subsequently, repealed the 6rs statute again set up
took The liberty al the time OF saying, in effect ha, the
meaning OF that was only that, where there simple
repeal and subsequent simple repeal OF the reIealng
statute by implication by supposed legislative intent, the
hrst statute was sci up and therefore, that repeal of
statute could sci up any former law repealed by it, If
such repeating act excluded such implication OF egs.
laive intent.
Having looked a little into this natter propose to
show that what upon general recollection and general
notion OF the principles which govern the matter, had
stated 10 the Senate IS substantially correct The rule
which we common-law lawyers have upon the point-l
suppose i to be so with all know ii IS the case with
myself-is deduced from Blscksione's Commentaries
Here what Blackstone says, and all that he says upon
the subject
ia statute, 'ha repeal. another, is se;l repealed af
erwerds the n'st s hereby revived, without any
formal words io lha purpose So when the Of q
and &C. Henry VII, declaring the King be the uprem,
Philip aud Mary, and this auer saiu'c atersard
repealed by sol Of Elyabeth here needed AMI
express words Of revival 10 Queen Ezabeth statue, bu
vived."
Frs', wish notice the terms OF Blackstones prop
osiop. that there is necessity for any formal words
in order 10 revive the original statute and that in The
case and the only case, which he cites 10 illustrate tn,
rule which be lays down, he says there needed any
express words for The revival OF The repealed statute be
cause they were 'impliedly and virtually revived ,
Now, IN order TO understand The 10 which Black
stone refers and the true nature and extent of the rule
dedueed ffom II, we must look at the statutes them
selves
The statute Of and Philip and Mary, i entitled "an
act repeating all statutes articles, and provisions made
against the See Apostolic OF Rome since the twentieth
year OF King Henry the Eighth and also for the esab
hshment OF all spiritual and ecclesiastical possession,
and hstedanenls conveyed to the laiy'" The stsu,,
begins BY reeitng many acts by which, in violation, o
the rights OF the bishop Of Rome bok spiritual and tenn
pcta IN the kingdom OF Great Britain The sovereign o
Great Britain had been declared the temporal head OF b,
church. and the ecclesiastical Jurisdiction, and the
pora rights depending II, OF the Pope had beer
abolished transferred and then, after iecitng these
proceeds
BE u enacted by the authority Of This prssent Para
mr That these clauses before eheaed and other OF h
sid act concerning the supremacy, and all and
branch, article, words and sentence the
tending to the derogaon OF the supremacy OF the Popei
Holiness, ot The See OF Rome, and all pains penalties
toeitures made against them that should by any
get ofih aud ext ue said supremacy shall b. from hence
forth utterly void and OF none effect"
Then tie statute OF Elizabeth s entitled "An act re
soting TO The crown the ancient jurisdiction over th
State, ecclesiastical and spiritual ard aboishiug all for
esn power feppgnant TO Tie !" and alter recitnl
The acts winch bad been passed in the reign oi Hent,
VIII giving him The rights which bad been abolished b,
the repeating Of aud Philip and Mary, 'for th,
tpressng as the act expresses " "Ol the sad usufpel
iorsgn power. aud the restotng Of the sghts, jursdC
ton and -eminences apperanrg to the imperial crown
OF this your realm" Whsti Why, 1t il enacted tha
this repeating law OF and Philip and Mary shall %.
repealed, and shall from henceorth be utterly void ant
OF effect" The statute out that il was The in
tent TO restore 10 The crown the jurisdiction which ha,
been conferred by he acts Of Henry YII which acts bae
been repeated by the statute Of / and OF Philip an,
mary and theref9re, for this purpose Of restoration
the act oil | and 2 Philip and Mary is repealed
That demonstrates The truth of what | said the obe
night, that y was nothing but question of intent Th
intent 10 set up the hst law inferred from the natur
and circumstances Of the case and the declared object
the last,
Mr. Justice Blackstone, n the passage which hav
read from him. refers Coke's Fourth institute as III
authority upon which he pedcates he rule and The par
ucuar application OF H. Coke is there eonsiderin
whether, after the act oi Elizabeth the high commis
sion had any jurisdiction in causes ecclesiastical
and, u So whether its original jurisdiction was estab
lsbed in IT'S former plenary extent or 10 what uod6ca
lions 4 subjected In order to determine upon III