The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-21

force of the bill with respect to slavery in the Terrific
res The of the act repealed the prohibition
not revive the prior law. HIS knew that the common
law laid down in the words q Blackstone, that il
statute that repesls statute 10 ksek repealed the orr
gnal statste is revived without say form Of words AZ
fccting that revival in terms Blasstone's proposition
is that there necessity for fosaal words for the
purpose OF retving tho original act sut IL mpO-
sible to consider the terms of the rule laid down
by Blackstone, and the statute which he adduces
in illustration OF his rle without perceivng that the
intent to revive preexsting Law evident else
the revival could not occur So here lsw is repealed
and the repeating statute is subsequently repealed II
is matter of construction whether the fcrmer Law
set up or not Therefore, il established rule that
there could be no revival Of previous law against
that would have held that the repeal OF the Missouri
compromise by this act reported from the committee,
declaring that II the iHtenton by this REPEAL to
leave the subject covered by ths original law to the de-
cision Of the people themselves. was thought, by
some of his Southern friends tsat by voting oF this
law he had conceded the doctrine Of squaer sovereign
ty lie did not concur In nor aant the existence Of
any such right. He held that the power Of
Congress the Territories was plenary We had q
right 10 exercise such dominion the Territories
in the Judgment OF Congress shoad BE- wise Just and
reasonable AT the close the specific enumera
tire lowers of Congress general power given to
eese all other powers necessary to carry out the
s tuition. In the Nebraska bill Congress simply desire
in this instance to confer the right Of self egsaon
the subject of slavery entirely upon the people Of the
right 10 estnbsh any sort Of government for the Terri
tories that it pleased they bound 90 exercise that
power considerations OF and justice and
Kindness, and 1t upop these considerations he had
voted for the BILL When he gave his assent to the bill
he did not consider that he giving his consent to the
doctrine OF squater sovereignty and of admitting that
the people Of these Territories had any inherent right
govern the Territories themselves and above and
paramount to the authority of Congress The bill i'm
plies only that under the circumstances in which the
people OF those Territories placed proper
right that they should be allowed to control their
internal affairs.
Mr.. BUTTER (dem.) Of N. c., considered that by the
legislation upon all Subjects upon the people of the Ter
rores Was there reasonable man who would say 1t in
tended to revive the French Spanish law Of slavery
BY disuetude nothing else these laws had gone of
effect II a custom grew up under the Missouri COM
promise by which these laws dsregarded they
dead letter This act is in respect better
bill then the Clay PROMISE in which his colleague
Mr.. Calhoun, acquesced. Mr. Calhoun's doctrine
that the constitution of the United States went propro
gore into all territories and repealed any laws then in
force there Mr.. Calhoun remarked to him occa
son that If should be decided that the territory Of
the United States should be appropriated for the benefit
Of portion of the country Alone it would give rise
to contest such never before agitated the nation
Let Southern men take the alternative of this bill
keep the Missouri compromise line in force. Under this
bill the South obtained some rights: under the Missouri
compromise they had He of opinion that the
operation Of the bill would be that the Territorial
turc would take action The subject but leave to
the American citizens who resided in the Territory to act
they please in regard to the introduction Of slaves
This bill n recognition that Congress had exclusive
Jurisdiction the subject OF Territorial government
than authorized by the constitution Of the United
States. II there was any question to be made
and he should demand his freedom ON this groundthat
he free under Territorial nw-the of the
master would be that he held the slave property under
higher law than the enactment OF Territorial Legis
lature-under the great fundamental laws Of the
try.
just passed the Senate would be received by the Ameri
people Of the most important measures that
had been adopted 70, many years The South * had not
hand of friendship The North had boldly come forward
to repeal obnoxious law Tho amendment in question
inserted in order to make 1t clear that the South had
intention to extend slavery into these Territories He
willing to yield nothing Of the right, of the South
the Territory left unaffected by any law the sub
ject OF slavery II was too much that those wto pro-
fessed regard for the Union should reject this opporu
nifty to cement it forever This bill would forth to the
world the great principle that Congress discamed iuris
dicton over this subject of slavery Whom the principle
of the bill sautary Il idle To contend about
details which did not affect that principle
Mr.. Bnowx, (dem.) Of Miss, wished to say word in
justification of himself Ia voting against the provso Of
c senator from South Carolina. He had at first under
that the only effect Of the act npon the Missouri
con, omi.e 10 repeal It, Ii this had been done,
AZ. n,;hng more should have stood in the position
pied before the Missouri act The South claimed
TO be restored to the rats which she had in the terrific
res erc The passage of the Missouri compromise. If
she had gained this restoration the bill just passed
was not worth rush. At the time this amendment
offered felt that it another concession from the
South and for this reason he had voted against it.
Mr.. CLAYTON, (whig) Of De explained why he favored
compromise measure opposed
amendment. He supported the former because it
true intervention II gave to certain
thortes in the territories the power to prohibit
courts By that the people Of the territories
would been driven to the courts for the settlement
of the question of slavery This disposed of the whole
subject far the United States government
cerned But the Nebraska bill with the Badger amend
ment referred the question to the people to come back
again by and by for the consideration of Congress- The
latter involved direct Intervention and established the
| squatter sovereignty
| Mr. STUART (dem) OF Mich, was prepared to agree
generally with the Senator from South Carolina that
probably the Interpretation Of the bill would be the
without his amendment now but it was too much to
that would certainly be There would have been
room for q diversity of Interpretation. He preferred
that amendment and voted for 1t in order that there
might be chance for controversy in the North In
regard 10 the true effect of tho He had insisted
before voting the BILL that should be susceptible Of
understood that Congress- yielded to these territories all
the power Congress had them He did not agree that
this a Northern measure. He had not yet seen
it; but having BEEN brought before Congress, the
Northern members were called upon TO do their
duty. He believed that compromise Of opinions
the true policy Of American statesmen He had hes
PROMISE lest aught should be done that would shake
the confidence Of the people in the sanctty the perma
nency and utility Of compromises II would plant germ
of dscord which might produce most disastrous fruit
The time would that 1t would be necessary for Con-
gress legslae for the Territories from the beginning
to the end Of their aw: He meant to retain his right
such legislation All that done by this bill to
the people of these two Territories the right to
legisate for themselves and this principle was estab
lshed no further than these two Territories
cerned. He believed that the laws of population
such that these Territories would be settled from the
free States; they would come in as free States.
Numerous memorials, on various subjects were pre-
sented and referred.
The Senate, after an Executive session. adjourned.
House Of Representatives.