Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-03-20

rHIRrYTHlRD coseRsss---rIRsr SESSION.

CONGRESS-.
rHIRTY.THIRD coNGRsss--FIRsT SESSION.
Senate, Monday March 90, 1854.
The President pro tenn. laid before the Sem
ate Communication from the Secretary Of
War, transmitting in compliance with reso-
luton Of the Senate, Lieut.. Williamson's report
of his exploration Of a route for the Pacific
Railroad, which, on motion Of Mr. Gwin, was
referred to tho Select Committee on that sub
ject. Mr.. twin took this occasion to remark,
that his resolution calling for this report was
not made in consequence Of an interview had
with the Secretary Of War, ~ had been erro-
neously supposed He called for the report,
simply because he desired it for his own infor-
nation.
The President pro tenn also laid before the
Senate the credentials Of the Hon. James A.
Pearce, elected n Senator from the State Of
Maryland, for six years from the 4th Of March
next; which were read, and ordered to be
fled.
Mr. Seward presented several petitions, one
from his Excellency Governor Seymour Of
New York, and many others, praying the in
flncncc of the National Government in behalf
Of Religious Freedom, and for the protection
Of the religious rights Of our citizens sojourn-
ing in foreign countries and the securement
to them Of the privilege Of burying their dead !;
or +. w. P. Moody, owner OF the British
barque Sands, asking compensation for services
in rescuing tho officers, passengers, and crew,
Of the American ship Caleb Grimshaw;
OF one thousand citizens Of the city Of New
York, demonstrating against tho abrogation Of
the 9Th section of the Missouri act;
OF f. B. Van Colt and others, tobacconists,
praying the exaction Of specific duty of forty
cents per pound on cigars imported into the
United States
OF H. Emmons and others, demonstrating
against the abrogation of the Missouri Com
promise.
Also petitions in favor of the abolition of
Slavery in the District of Columbia;
In favor Of the repeal of the Fugitive Slave
law Of 1850;
In favor of the complete divorce and separa-
tion Of the Federal Government from Slavery;
In favor of tho prohibition Of the slave trade
between the States;
In favor Of prohibiting the sale of human
beings under Judgment Of the Federal courts !;
In favor of the repeal of the Fugitive Slave
laws of 1920 and 1880;
OF two hundred and eighty four ladies of
Brooklyn, demonstrating against the repeal of
the Missouri prohibition; and of meeting of
citizens of Utica, New York, of the same char
acter.
Mr.. Fessenden presented numerous petitions
from citizens of Maine, against the abrogation
Of the Missouri Compromise.
Mr. Badger stated that he expected to pre-
sent petition to. morrow, from some of his con-
stituents against the Nebraska bill in its pres
entlform, and he wished to submit some re-
marks in regard to the effect of the amendment
4 ~ kharn
gentlemen had taken up the idea that that
amendment was detrimental to the Southern
interest, and that impression had gone forth in
consequence, giving an unfavorable tone to
Southern sentiment He would say, as he had
said on former occasion, that in his judg
ment as professional man. the act itself
would have the effect Of leaving the Territories
without any law in regard to Slavery; its effect
was not changed in the least by his amend
ment But as he deemed it important that
frankness should characterize all our legisla-
ton, and in order that the possibility Of misnter
probation Of the act might be prevented, he had
submitted his proviso, guarding against the
revival Of the Louisiana law. The bill with
ont the proviso had the same effect that it had
with the proviso.
The terms of the act repealed the prohibi-
tion clause in the Missouri act. 1t was supposed
that tho passage Of that act would have the
effect Of reviving the original law which pre-
vailed in that region; but in his opinion il the
last repeating act excluded the implication Of
n revival Of tho previous law, that law would
not be revived The law, as laid down by
Blackstone, declares that if a law repeating
another is itself repealed, the original law is
implicitly revived. Blackstone's proposition is
that there is no necessity for formal words for
the purpose of reviving the original act but
it was impossible to consider the terms Of the
rule laid down by Blackstone, and the statute
which he adduces in illustration Of his rule
without percciving that the intent to revive
pre-existing law must DO declared else tho re-
vival could not occur. Where q law is re-
pealed, and the repeating statute is subsequently
repealed, it is a matter Of construction whether
tho former law is set up or not. Therefore, it
was an established rule that there could be no
revival Of a previous law against an express
declaration. There was no court in America
that would have held that the repeal of the
Missouri Compromise by this act, as reported
from the committee, would have revived any
law the present act expressly declaring that
it was the intention by.this repeal to leave the
subject covered by the original law to the de-
cision Of tho people themselves.
IL was thought by some Of his Southern
friends, that by voting for this law he had con-
ceded the doctrine Of "squatter sovereignty"
. Hc did not concur in or admit tho existence Of
any such right. He held that tho power Of
Congress over the Territories was plenary
We had right to exercise such dominion over
tho Territories NJ in the Judgment Of Congress
should be wise, just, and reasonable. 1t might
DO that the clause Of tho Constitution confer
ring this power could not be pointed out. He
thought the power might be derived from seve-
raj sources OF tho Constitution. At tho close OF
the specific enumeration Of powers Of Congress,
q general power was given to exercise all other
powers necessary to carry out tho Constitution.
In the Nebraska bill, Congress amply desires
in this instance to confer the right of self
Legislation on the subject Of Slavery entirely
upon the people of the Territory.
Although ne admitted that Congress had
right to establish any sort Of Government for