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

| Sitn Nv INV fulllIlft'll uNiIl'l - 4
N,hrusku. / demand To- know h"w II l'"''.imr ~: :
WINS not Carried there through Louisiana. rm " y 4
conceded that the laws of Louisiana "'[E NV.
To the tract Ut country iuw described "' 49," 81: -,
wlicl, i, what ] utterly dcuv--rct thls 'i"r'in. w
yivnr was no part of the law of Louisiana. l. . w /"
be found in the black code OF France !. w. y" H.,
plnc. in the code Napoleon. 1t Is r"p'nI!.'a =, -,
civil law: rejected from the pilihcci> M " ',,.nI
Jusiiuieu. Even ns n rule nf construction IL s''"'i
condemned and rejected bv .ar the iar-cF l"'t"' i"
The children ui men md even III .N''frr'eh, "nt''
from cgrlv assncinti"n and circumstances colilc.i,'
with our pnlitirnl history, ne S'.i'eLn, p',",'inis ", ~
common law have received Il favorable consideration
This uurtic,,lur doctrine oF rcvivor, III many localities
has been explicitly and emplIaticaily rejected. In
tho STATE of which / am IN humble Representative
i, has been made :hc subject ct express statutory
condemnation, explicitly providing shat m statute
shall STAN! ,"rircd by Write 81 fic repeal "t another
statue. Shall 81 rquivocai n E"h II constructor
fnrcc itself M iv the c.icar% ni It's own inherent
| strength, and dictate American Inv, or control great
questions Of American State policy ! Bat. si:, am
| inuuiring nfrrr The inct, rather than investigating the
~prupriciy Of Il policy. have shown that this doctrine
Of a rrviynr was no, carried in,n Nebraska hv the law
OF Louisiana. After Lnui,iCna, there i. 10 authority
which could have carried il there other than the Con-
press Of the United States.
The common lnw Of En-lnad. as such. il no. law 10
ilc American Congress. The Constitution "t the L.
Statcs, AMI the obligations -~p"inging from il, are The
only law IN the American Congress. y principle al
the common law may be embodied i'm IN act uf Con-
grcss, and thus become invested with the authority
"i law, drawing lis vitality from The American gov
eminent. and ni from the sovereign of Circnt Bril-
tnin. The Congress of the United States mny have
adopted this doctrine of rcvivor. and given il an ap-
plIcntion TO Nebraska. They can only have done this
by statute. | deny the existence Of such a statute.
and | submit it il. shown that the doctrine OF rcvivor
is no. in force in Nrbra>kn.
Sir, II has been shown already, tina. there is no STA
tl'c which has been Repealed, now ready To be re-
vivrd III Nebraska. 1t is now shown the doctrine III
rrvivur Itself II not III force there. even il there
could be found the 'cai b0!y OF a statute read" 10
be galvanized.
Mr.. Chairman, il appears 20 me difficult TO realize
the idcn, 10 form the thought, o! n new counirv-h
new p%cople-a community Yet ~unfprmrl-a -"rirty
yet unhprl-a land, u place, q people. who never yet
knew political organization struggling int" benz,
md drawing the lrs, breath ri lie under the opera
ton ui Il law obsolete. and revived us 10 them.
though, through al! the past, it had continued in iuil
force and virtue u 20 a nciglIhusing and ''ia:inr!
community; 4 law repealed III la Il people who never
had IN existence. Du. which had remained i'll full
force rs 10 u regular organized community.
Some tGvs hive passed since the proposition was
announced by my honorable colleague from Arc"-
mae, thai there can hc III law where there nlc no pco-
pie: that before $50, and, indeed, Unit! recently, there
have been no people i'll Nebraska, ami therefore IN"
old law of Louisiana WIS never in force there. brca'Isr
laws on! = affect people, nud cannot affect Things with
ont people. When the proposition WIS announced, it
appeared 10 encounter the dissent even! III several III
the friends Of :ii- liieaei,rr. But rs ! have long h'-
l;cvcd il true, and should have announced il myself i!
! had spoken before nv honorable colleague, will
now give il NV humble support. am n"afc, sE, that
in curly life we ARE accustomed 10 t!lini ri the rights
uf persons AMI the rigltr Of tLimg-, and we arc taught
10 distinguish between them, md Ia regard each ns
separately affected by human law. We are accusiu!ii-
cd 10 distinguish between things personal aud things
real hctwccn lands, ;cncincn!s, and Entertainments;
between cOrlurcal and incorporcnl Entertainments
things substantive, aud such ~ exist merely i'll idea:
but, sr, an persuaded that il any one Will cNr!nIi'r
the suffice; infinitely, and observe clnscly the opera
ti0us of his uwu mind, he will perceive that he coutcn-
plates the law affecting things always in connection
with tie yJsHS @hiGh LrrSDr. assert j.! them: he cali
not exclude the idea Of persons, GnI therefore the
presence at persons l. always required Ia establish
the connection between law and things. II - certain
TINT human law cannot be enforced rXcci; hy human
a.cuc"; and it cannot be- ASSUMING much I" affirm
;lat law canint exist cXccp. where ihcrc ARE persons.
OF cour-c | speak oi human law. The Divine law
always and everywhere exists, affecting things nut
mate and Illuminate, without any particular reference
10 mnii.
But whether the proposition Of my colleague he
true or not, 10 the extent by him asserted, ! under
take To maintain that, oil every principle oi lcgiala-
ton recognized by Congress, on the principle oi rlGilt
reason, and the lisngcs ui all civilized nations. the
municipal law nj the Province Of Louisiana rs de-
rived from The authority of Franc", waS H'r,r ~ toFc'
in the country now Described III Kansas and Ncbraa-
ka. and. of course, was never repealed, and cannot
be reared.
Kansas and Nebraska are n part "i tic Louisiana
Grant acquired lrun France in lSli--thC arrangement
having been negotiated by those great Sl,Tii-, lliunia,
jefferson and Napoleon BonHpartc. The rftcct" OF
the transaction IN The prosperity ol This country, ana.
indeed, OF the commercial world. have correspondent
with the greatness Of the lcg";la:or-. Up To the
yer: lnomru: nj tho irnrricr, the Law; ~! III" province
of Louisiana, Us derived from the authority nj France,
w;:s in full force anil virtue. France beng supreme
and sovcrcign-tilc Province bcin" II mere depcl-
drmt-;hc authority OF the law Of the Province WIS
derived exclusively from III" sovereignty Of France.
That authority wus c~cwyRs't. and 80 remained up /"
the very muiilcn, %; The t:a:isicr. The ;rnnsicr be-
in~ male instantly. III the t~wiuklin- III M eve. the
authority uf Franc: br.'un!. utterly, completely cA'
t;n@li, ned. The connection which bo;i!r! ,ile Pro-
vince L" France wis cfIrciua!ty is"'i c"inl'i"i.iy See
vrr"d. !; WAS ~ though u had il"V"r t"'ii. b''i
for The authority al the United State. the l""pi" al
the Province would have hr"n r'ini;ci /" IL -iat" %!
nntilrc-and incurred the peril %! anarchy ana chaos,
In this condition ~. ;h!ngS, til; modern 'ntcri!'ti"ili
law came forward to avert the evil, anu produced tile
implied assent Of the United States I" the con;ln'i-
nucc oil the law ui ;hr Province. aS II existed 'ii'!rr
the authority ot France; but from that moment the
authority nj the luw uf tho Province was derived
from the United State.
Now, rr, in contemplation Tie law "t nations. li'l,
implied assent, or prcsimpiive roiseii; "I the United
States, was Il !aror ur indulgence IL the w0odi U! the
Proviucc-ccr;nia!T II Very proper indulgence. y
pcoI.lr rnssing rrnui ;hr authority n: on: l"w"'' I'M
der the authority u: nn":hcr Power. ~ VeiT proper
object oi national compassion. /: the circumstance
be- Tie result ui war. they IRE subjected =" ihn Hoiiiiii-
ion al c"nqucr"r>: il i; hc The in"H!"i'I 81 treaty ing,
become dependent on the clcinrncy "t strangers Ia
either east they may well cia!tm ron'n'ie'ra!l'h' n'H
certainly in lie present case the Ddt"-""cs WAS aI'',-
sr;!.cr proper. lti sill i: wns II :acTc l.!'"@c"''. 'iii,
n such, subjected +" important ilmii"i!"l'-. IL n'
Hot cXielIi 10 any provision 81 ,hc INV 81 az fl"-
vince Inconsistent with the principles ii NE 'oF'r'i-
mert oi the Uni;ci States, ana /! was iiilii'"n 10 cN-
tend only So far in il, operation n wa' necessary ~
yr,rca, Ike cr.i ct 0aHrciY 10 mh'eh me l""N' % ne
P,ocu,cs ,r,rc cyp?scd. I" accomplish iii- object I"
prcvru; The evil vi Ga"rrh.7. II was 'tiE '''rSSMi
Tim, Ia. j;vuli,d :s.r!Ii 1T lie United States should
,y;,.u,I -. ruI cuuaurcilrui the ARR ACTUALLY iniihbi-
led by the l+oph, ui the Province. IL was not nccc--
snry that il should hr construed I" cNtch'i 10 a'S'Hn:'
unry,lorcl wOorls and Willis, whose silence. ana soil
tulc were disturbed only, bv the yell "i Inc sn'hSc'
ar n. hnwl n; IN. wild beasts ri the forest. On the
contrary, i; wou!l have been cnhinri!tl! improper iiiHt
such II construction sIlnali bc placed on the implied
arsrni granting The Indulgence: because II "is "p'''
nuslv the design mud policy ut The liiiicu H'ntc' W
plan; colonies, To establish co!nui'i1!Iiie' "' lIiclT own
people. III these uuiuhmhitc'i countries WE" si'nu.'
cary with them the principles, and laws ana lll''i'n.
lions OF their own couutry-n!l winch "'i"a!'s 's
been accomplished.
Mr.. Chairman, / concedr Il 10 hc Il recognized prih-
cinIr OF the law OF nations that The principles "i ihr
Government of the mother country arc trnl'splni''e'.
10 Cnln:ics and Provinces. ] colicr7u" t''''' II d ''"-
nv or 81 Province be transferred b. the mother r""h-
try 10 another Power, the body OF law proper ="
fore. M the date of the i7arssrr is revived AZ! con
,;uu,d bv The process indicated, subject to the lin:ta-
tions which have specified. deny IT 10 ne i.r'il-
c:nlr ri the law of nations that the law ~ II Province
"a an mere It. dependent on another p"wsT.nGees.ar:ly
extends its authority TO wild, uninl'a3i'ed regions
with which it happens to be in Gc9ErnpilsnI connrs,
,ion. denv that the Province Ut LOUISIANA hcccsS"-
r;lv .x,oudcl ,,,c authority OF It's law To wiaE Is now
Kansas lIs and Nebraska. before The date OF ;ic 'rnre-
Ter, these uuinhabited regions were open {" be colo
nizcd bv France, who %cuioye'l the unqualified right {"
prescribe the ,crl:.s OF the charter 10 the new Colony
wi,hou; respect 10 the will or power OF the fr"vinrc
of Louisiana. After the date OF the transfer Tie l.
States succeeded 10 this right. The connection be-
tween Louisiana mnd Nebraska was only geographic
cal. 1t was never political. Nebraska was politically
CONNECTED with France, vino enjoyed the proprietary
and sovereign rights, the right Of eminent doinaiiI III