Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-03-31

the Dill already prevented the revival any laws protecting
slavery do not give any such effect the bill. This Is
my construction of it, upon the first and second clauses
alone and without the proviso Congress first repeas the
Missouri restriction and then declare that they do not ers
late slavery into the Territory say they will
compel the people 10 have slavery against their will They
d. not exclude it heefrom-that is say, they will
hinder them from having slavery if they want it. But they
leave The people perfectly free frame and regulate their do
nestic institutions in their way according TO tho Con-
s,i,uon What peopIe2 Why all who please go there
from the South and the Observation-Disclosures end others
How are they TO be perfectly lrec7 Why by standing
equal footing and having al equal voice 10 fixing the cod-
Un Of the Territory 10 sla"cy or otherwise Every law
regulation necessary for the protection OF tho savcholdsr
an every law regulation necessary for the protection Of
the may be enjoyed BY both until the whole
people shall determine the character OF their
is true that while the act rcpeas the prohibition II au.
hnr!zes the people 10 renew H. But in .c mean time il
stands repealed Under the proyso. Congress repe,ls
nuch Of the restriction as prohibits slavery forerer" and
u.horZes The people 10 admit savery but in the meantime
The rcstr cton stands uEre7eaied
There s wide distinction between the two bills. But II
is said that is just like the other Like the other =
There of resemblance between lhem The
young and vigorous laborer Is not more unlike
-"Ihe lean and sippered pantaoon-
Sans toeh sans eyes, sane taste, sans every thlhs
Bat il is said that the provso effected change In The
,l because The effect would be produced by the civil
law which prevas in Louisiana, and when provides mat
the repeal OF repeating statute shall not revive Inc statute
that was repeaed yes there was learned as 10
The effect of the civil law in revivng the exngushed laws
Louisiana the question as 10 the effect o INC repea
Of one Congressional statute by another Congressional stat
mon law the question the revival of repealed statute
one OF intent md that the nten. OF the bill that no
law regulation should be revived giving protection 10 the
sayehodc; and therefore the proyiso merely expressed
Ibis intsn ia plain words Indeed Was it the intent Of
the bill stakeholder should be denied such potec'
ion1 What then, becomes OF The arguments oil those VINO
maintain that now and in spite o the povso ne VIII
aEpe protection ara that u was ani Is Inc Intent ol
the bill 10 secure such protection
Sir vague iea be prevailing that the NEBRASKA
before been included WITHIN the limits VI
INV territorial organZaon ana that we are ho"r 'o nc
irst establish soveLnmcnt for II; iha no a% ever
existed there the civil French law aad ta' Inc
Nv being The only that allowed slavery was repeaied
~ The act S20 The distinguished gentleman who oier'
I'd the proviso Mr. BADGER seems 10 labor under the same
miscopccp!ou Speaking The pro slavery law which cx
sed in the territory when acquired II from FRANCE and
of The Missouri compromise law, ne says
These tho only two laws upon the os aoe e E9y Inv:
slavery when the territory belonsedo France by e act '' '
tia, law annued"
Now sir affirm that each and every one OF hcso pTo2o
silr,s incorrect We for the hst time about
TsoIla TOR me m ssszsd s1criaI
government for nearly twenty years as will presently show
Yr had other kinds of law there besides civil law. We
had only FrrGc law but American law; yes and Ame
Iaw yes, and Congressional statute law yes
and Congressional statute law protecting slavery Ant
what more these laws been repealed
not 70 in any subtitle disquson tho effect produced
5y the repeal of repeaing statute. say that these laws
have been repealed as will proceed presently
| show
We acquired this territory 10 1903 under the treaty viii
Fruncc which ycvcd Louisiana the United Staes.
passeu
temporary government for The whole Territory, protecting
inhabitants In The free enjoyment oil their liberty ant
property In 1904 The province was divided into two Terri
tories Orleans and Louisiana The law provided that all ha
part of the province Louisiana which lay the north
33 deg north latitude should be called the Territory OF Lou
siana and the other portion which lay 10 the south Of ta
line should be called the Territory of Orleans And that
placed Louisiana under The control OF the territorial govern
Of Indiana; that ia 10 say all that part which lay
the north Of 80 deg was placed under the control OF the ter
ora government Of Indiana This act was limited TO ont
year. In 1905 that limitation was repealed and Louisiana
thus permanently placed under the territorial govern
nent of Indiana. In 1912 there another passed
changing the name of the Territory of Louisiana 10 that
Missouri and organising new government for IT, ndepen
of the government of Indiana Territory, providing 70
the appointment of Governor, General Assembly, Judges
and so forth.
Tile uc Of 1870 authorised the people of the Missouri Ter
tory within the limits embraced by the State OF Mis-
sour TO form State constitution, and Nebraska being he
part Of the organised Territory Of Missouri, exclude
from that Stale in Tho formation OF the State constitution
F:nm that time this from or aher from lS2 whe
Missouri received State-0 the present day. thi
Territory has not been under any organised territorial gov
srnment simply because Of the contraction oil ihe !ints
the State Of Missouri provided for in her constltuon an
the act Of Congress- and the consequent Withdrawal
the State from the OF the Territory So much hen
for The assertion that now for the first time estab
fishing territorial government for Nebraska
But said would show tina, II was not merely inc CIV
law that force there but that American Jaw was CD
tab.ished The very frat thing That Congress did IN oIean
izag the Territory TO provide that Inc Jaws 10 loic
hero should continue until altered by the Governor ant
Judges of the Indiana Territory Ihat adoptea men, an
made them American laws IL gave new birth 10 ihen.
took away their sanction as laws proceeding from an eS
tine, sovereignty, and impressed them with an Amerca
chm acer Congress also extended 10 these Territories up
wards Of twenty of The public Statutes the crimes act benz
the first one named Congress also expressly authorised
owners of slaves TO remove with their property and mol
them as slaves in tho Territory Of Oeaos and 10 the a'
establishing the Missouri Territory which, as have shown
embraced Nebraska the presence OF slaves s recognized
comforting the right of suffrage a free white male ct
.cns of the United States above the age of twenty
years"
I f,rfho fhnn
wear 1901 on the ls of October the very first day on @hc
any uct passed by the territorial government OF noa
ernmen for that Territory. And what was that Ia"
vas law n regard to slaves. s tile was "A law resPec'
ing slaves" and it commenced thus;
Be enacted by and judges Of Indiana Territory
ani empowered Congress- TO make avs
the district Of Louisiana and is hereby enacted Oy c
| OF the same, follows " , oh.I
rhe rst section declares that negroes and mualtoee sa
not bc witnesses except where negroes alone are pa1cs
The second section provides that no slave shall 90 o W
tenement of his MASTER other psrson with whom nc 'es
without pass and so The twenty second seciinn oe
clsrs that for the offence OF stealing slave "e g
shall suffer death The ,hrIich section provides nat 'n
slaves VI an lnestalei nol susCePioie VI 'i
He,e then ia American law statute law, covering lhi
whole territory The very territory embraced 10 6u Do
r0slalug for the protection of slavery iessins oy de
caring that The stealing OF slave Is 10 suoec' e cuP
| 10 the punishment oil death. a.,
After the Missouri territorial government was tored ina
o, II was detached from con nection with Indiana av
respecting slaves was passed by The leoia s2sa'nr
of Msso which operated upon he ~no o1 o. h's ieo
ry of Nebraska passed January H. S ana lis Title
IAN act supplementary act passed by the Governor an
iulaea of the Indiana Territory respecting s' uno o'he Pup
| eesn
! And II thus commences: :, .c
.Be soaceI by the General Ase''! VI 'H' ie''' " ''
IL proyltes among ether things Tor the sale OF r"nawa
sirv ,..x.,,,., 49,, 81. r-,;o, nc
bs co;s;a,.re passed another law, respecting slaves
nan art supplementary TO act entitled "A as
respecting slaves BY the GSTe'nSf and !1dgeS
Indiana Tsroy e Gay 0 osasd on The Or
of nsccser 1922 and recognizes the obligation of the Law
oassed BY the Indiana Government and its continued e1s
While on the subject OF these territorial laws would OBJ
serve for the benefit OF those who indulge vague notion
hat This territory always been governed by what Is call
Cd "the civil law" and subject any other that IL
remarkable that the first law ever passed 10
lis (chlpler l declares that certain offenders
upon conviction "sha be punished at the common faa
hath heretofore been used and accustomed"
Now sir let attention TO congressional enac
meu,s do not deem it necessary refer 10 all the acts
Congress relating this territory and recognizing anI
.at@An nt