The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-23

We then by this answer taking il 10 the ex-
emes view presented by the from South Carolina
that this slave territory supposng thet the
Missouri Compromise Is unconstitutional. That Com
promise however ACKNOWLEDGED 20 be
70 slavery going there. That Compromise act OF
Congress- not arguing ITS constitunonsty, though
believe II 10 be constitutional Ii proposed get
out OF the way and Denied bat III fact claimed
by the distinguished from Delaware that when IL
OUT OF The way the slave laws Of Louisiana will be revived
VOW LEI me ask The senator from North Carolina question,
~ ne plesses IL Of law and shall put the alb
were TO go to the country, il would have oneha the
influence which the opinion would have coming from
the senator from North Carolina and therefore desire
ask INN this question: Where statute is repealed and
subsequently, the repeating act itself repealed, does
viye the first act .sn# 3
Mr. BADGER That is a question which my friend
will allow 10 say does always admit Of answer
In parts of the United States repeal Of repeating
statute sets up puts again IN force the statute first
peacd.
Mr. WALKER. But | am speaking of the common
law rule. a1si M
Mr. BADGER. In England the repeal of repeating
statute sets up in full force the statute repealed.
Mr. WALKER BY the common lawi
MIR. BADGER. That IL the rule in England.
Mr. BENJAMIN. can stnc, however, 70 The senator
from Wisconsin, that by the civil law and also In Louisiana
by express statute the repeal Of repeating law does not
Mr.. CLAYTON The passage Of an uAconstutionl law
Mr.. WALKER We are getting a. a uniformity of
opinion very fast among those who advocate the bill
The from Delaware Of opinion that by repeating
the Missouri Compromise If il had any valdityand If Il
had none might just we'll leave il alonewe reestab
sh the Spanish and French law creative Of slavery He
concued with in the abstract by the from North
Carolina The senator from Louisiana, however,
with those gentlemen but says that in Louisiana the
mon law does not and that there IS there an
statute which makes the repeal Of repeating law revival
of the former law.
MIR. BENJAMIN. Isay thai the principle OF the civil
law and it has also been adopted into the statute law Of
Louisiana. E8Ats'as@
Mr.. BADGER. What is the prnciples
MIR. BENJAMIN. That the repeal Of repeating law
mi revv The lnuy Hrutr Cd
Mr. WALKER. Then, according to the civil law and
the law Of Louisiana find that the from Delaware
would be Mistaken and that this repeal would revive
the laws repealed by the Missouri Compromise
Mr.. CLAYTON. No, sir; would not be Mistaken be-
cause il is admitted all hanGs that tho passage Of
unconstitutional law has effect whatever and the orgi
nal act which endeavoring repeal
stitutonal, it did not affect the case in any why
Mr. WALKER. So far as regards myself, and many
others in the country, that begging the question entirely
Ia assuming, what will concedc, that the Missouri
Compromise law is unconstitutional. Besides, show
the SENATOR by the Judicial decisions of the slave States
themselves, that he is wrong took occasion refer
that matter in the Senate former OCCASION and quoted
from decisions of courts in the savehoding
States showing that such position il untenabe and, fur
ther, establishing that prohibition Of slavery the Ter
ritores was not void but valid
But the Delaware upposng that the
repeal of the Missouri Compromise would revive the pre-
vousy existing slave laws but fora different from that
given by him. 1t because the comonaw rule and nothat
Of the civil law would prevail and govern Ihs law to be
where the common and the eivilaw rule obtains And
this would be the though the law to be revived by
of the repeal the law of locality where the civil
law, for local purposes prevailed.
Then, supposng that the repeal Of the Missouri Compro
mise does reestabsh and the laws Of Louisiana which
permit slavery, what do find this proposition TO
to after all Why, we Just getting the dis
ooycry that this is bill to establish slavery in Nebraska
Mr.. DOUGLAS. The senator will allow TO make a
suggestion. The testimony which he gets is, that
law the repeal Of repeating act does revive the
former act but, under the CIVIL law thcfepea Of sepcal
ing does revive the first repealed II there
any law in Nebraska il the civil law. The tcs-
timony, therefore, is against the senator.
MIR. WALKER On what is tho testimony against me-
That this bill does does establish slavery
Mr.. DOUGLAS. That il does not revive any law toc-
rating slavery in Nebraska.
MIR. WALKER. have just shown that the senator,
and not l. ia mistaken But against the factl The
friends Of the bill uniform in its ruction The
senator from Delaware says he believes that tho repeal Of
the Missouri Compounds will revive tho slave laws exist
ing before it, find the opinion Of the from Lou-
would be that they would not be revived find that
too, to be the with the from Illinois himself
Now in this state OF things let ask, where 10 the un
fomity opinion where the ccarness In this bill which
spoken of by the from North Carolina, that
misunders,and' Il does with the friends
Of the BILL for that the differences between them
are almost numerous as its friends are. They seem TO
have no settled opinion upon the subject whether II IL
proposition which will revive the old laws creative per
nssve of slavery and they reconcile this
difference. am arguing the proprety Of making the
bill clear and distinct proposed by the senator from
Michigan. Unless you do 60, my opinion H. that when
gentlemen go home they will find themselves variance
and the differences will be such involve them in grea,
perpexty
Mr.. ToUCEY. beg leave call the attention Of the
senator from Wisconsin to provision in the bill which
not to be noticed by him. What he calls the
peang law, contains upon face the legislative intent that
that repeal shall revive any former law way the
other tina, both the law and by the civil law,
and by all law legislative body, repeating law in
many words, and accompanying with declaration that
that does the former law any other law leaves
the matter without any law.
Mr.. WALKER. That, doubtless, seems perfectly clear
to the senator's mind.
MIR, ToUCEY. Certainly il was
Mr.. WALKER. am not asserting that such IL not the
law but contendins that the matter 10 not 20 clear to
the minds Of all here gentlemen are disposed 10 ASSERT
The from North Carolina used language peculiarly
ong when he declared tho provisions Of this bill 70 be
clear that no person could them Now,
that there misunderstandngs We that gentle
do understand the bill alike; and do not believe
that IL go discussing the matter for month";
purely understandings they would be any together
then than find them at this moment
Now what is the saving clause in this provision which
the from Connecticut thinks expressive Of the in
ention Of Congress revive the slavery awsi IL
this, suppose
cit being the intent and meaning Of this act not to egsae
slavery any Territory State to exclude there
FROM but leave the people perfectly free to form and
regulate their domes their way, subject
only the constitution of the United States
Take that provson the full extent commanded for by the
senator from Connecticut and where do find ourselves
H the from Delaware be right ~ an establishment
slavery by Congress- and the territorial legislaurs must
abolish II, or there. II the senator Rom Lousi
ana be right would he revival Of the old laws
without express words rcvivng them by the which