The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-21

daily magines such TO be the eeet2 So unqueson
ably those who passed the act Of 1920 viewed ii for
sir, northern man. by stand here to charg,
the northern members of Congress Of 1921 and OF snbs
quent years with the breaches Of good faith they
guilty OF, If il were not So
There is foundation for the vague idea which seems
TO be floating in mems minds that this was IN some way
different from these ordinary cases Of legislation There
are no parties 10 this legislation different from those 10
other legislation OF general Who the North
and who the South that they should be separate and dis
tnct parties legisaon-that they should he making
eompacts with each other, exercising kind Of treaty
making power with each other 2who far the action
OF TINS government concerned but component parts OF
one great whole of one great political system Who has
any authority TO turn this simple Of legislation il
upon the face Of il into treaty between two such
Sir, this Is merely technical There is something
substantial IN the idea that the different parts of this
try shall not be understood make and hold eompacts
with each otherto stand Ia some sense in hostile atti-
ude 10 each otherin The relation OF independent it
De hosf communities 1t encourages and fosters feel
ing and spirit of hostility between those who should be
brethren between those who should love
try as common mother II CRATES upon my feelings, sir,
| MS savoring Of disnnion a F
But II ths eighth section OF the of 1920 he
pact what was the consideration given for II? Why that
Missouri might come into the Union without clause in
her constitution prohibiting saverywithout a Wilmot
| proviso in il.
At the present day nobody denies that State has the
entire control Of the nstituton of slavery within her lin
itshat she has constitutional right TO do with il what
she p!eascs. IT, then Missouri had into the Union
with constitutional prohibition Of slavery, she could,
the very next moment after she in have stricken
| it out Congress had power such provis-
| ion in her constitution for single instant after the
/ instrument became operative. Then, what right had
i Congress TO undertake 10 control it. What right to
say unless she inserted she should not comen The OBJ
lection not to her coming in but to her coming in
without prohibition of slavery in her constitutions pro-
hhiton which il is admitted Congress could not con-
troll an instant after il became operative hat right then
had Congress to say it should he in In other words-or
amounts TO the thingwhat right TO she should
not in without t2 Certainly at all. And yet
the allowing her to come in without is the whole consd-
Ia 4
legally cquitably Is it. 1T all events in the forum OF
the conscience? Shall take the ground of COM
pact that for which we have given nothing? There was
compact about it. few votes may have been obtained
for the bill BY reason Of the slavery prohibition being in IT,
just as occurs in very many cases Of legislation The rec
ord shows they very few and those who gave them
understood perfectly when they gave hem that it
mere law, repeaabe at the pleasure of Congress So il
was understood by the representatives from the northern
States the very next year, when condition at
tempted 10 be imposed upon .he State of Missouri before
she should be allowed to into the Unon and upor
which new compromise made and in fact it was
upon the latter compromise havngno reference TO slavery
4 that she came in not on the former
There is therefore, question of good faith involved IL
the before No such why congessiona
legislation the local affairs of this Territory should b
upheld.
Others object that when have repealed this law o
1920 and thereby taken away this intervention go fur
her and intervene take away former law which
listed in the country prior to its becoming ours and whic
allowed slavery which law they insist remained the Law
Of the country after purchased it. Some to con
cede that il is right 10 repeal the law which prohibited
slavery but contend that it is Intervention and therefor
wrong repeal this law which protected slavery Other
place the objection the ground that who opposed
to Intervention yet intervene TO repeal this old Frencl
law rather prevent lis revival by the repeal Of th
law of 1920
Both classes of objecor sustain their position
uphold this old French law invoke the aid Of princi
pie OF ancient common national law, that when coun
try reh has aredd lars Of ITS ocn is acquired by con
quest cession, its laws go with IT, and remain its law
till repealed by the acquiring power This the substance
of the rule as stated by Judge Story Chancellor Kent
at,l
municipal regulations IN force at the time of the conques
cession remain in force until changed by the new soye
. reign
il very plain that this rule Of law has respect
munes to people to territory without nhabit
ants The Of the rule protect the people
the country in their rightther rights of property
other rights 1t is treated of under that head For tha
purpose there necessity that the old law should pre-
vail until other substituted in Its place This reason 70
the rule and Of the rule ITSELF when the terri
: tory ceded conquered is unnhabitcd. There n
rights Of there to be protecednobody to have laws
nobody Tor laws TO regulate And accordingly ~ IS a
down in the books that the rule is not applicable TO terri
}, tory not inhabited.
Now, this territory came TO wildeness-it had n
II "law Of It's ownhere were no laws usngcs or mum
cpa regulations In force herethere were no rights
property other rights protecno inhabitants to pro
tect in their rights II was within the exception TO tn
rule in respect to uninhabed territory But slavery
sed on territory then passing under the same name wit
this tcrrtoryin the Territory of Louisiana Of which hi
was part far away, indeed from this territory but II
'e said that nevertheless the law which suffered slavery
exist in the one must be the law of the other in othe
II words that because slavery existed n little
this then vast Territory Of Louisiana that therefore III
n whole wild region subject to tthat Its seed
planted in the very soil of the whole OF that whoeye
might afterwards dwell there would find II ready to sprn
II up and bear fruit
If this law Is SO very diusyef IL really docs so eS
tend itself persadng whole continents little
J. which happens TO touch-st events undsputed event.
have occurred the cesson which must have relieve
this Territory Nebraska of it, without relying at all upo
the prohibition of 1920 After purchased IT. and Will
yet remained wilderness II became separated political
y from the territory where the law Of slavery prevailed
from the people whose law Il was For many years ae
this separation Il has remained unnhabited and atlache
10 political community State or Terrtory-sul
Ject TO the jurisdiction Of organized government III
had been subject 10 such jurisdiction that ursdioo
had been withdrawn and crcumscrbed 10 limit
and all the laws which IL upheld had been Withdrawn wit
d IL including ho law in question This territory c
L without goyernment without people, and IL Is TO
le much 10 siy that now, when community gather
there this old French law has been waiting there all th
c time TO attach itself 10 this community.
Here this French Territory Of Louisiana half
tnent extending from the Gulf Of Mexico and the Miss
spp river the Pacific and from 30 deg to 40 dey
n OF latitude On little Of H. in the southeast
i q little colony, having few slaves and protecting SLAYER
II by law Now while things were In this situation suppos
n that instead Of purchasing the whole had purchase
RI only the opposite extremity does anybody suppose
h would have come 10 with the law Of slavery upon il
% But we purchased the whole and what then occurred
The State Of Louisiana erected out Of IT. and the Sta,
n Of Missouri, and the State Of Arkansas These were III
communities to whom belonged this law which protece
slavery This Territory Of Nebraska while yet uhinhat
cd was separated from the territory occupied by them
of and was left without any organized government whou
the limits oany organized Territory If then this law cou
IS I've said in any upon Il when purchased
"A "a Al