The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-30
CITY OF WASHINGTON SUNDAY MORNING, APRIL.so 1864

people thereof perfectly TO regulate their do
ution Of the United States Propded That nothing con
tanned In this act shall be construed revive put
Law or regulation which may have existed prior the
itipg, or abolishng slavery"
II is this last proyiso which il is said contains congress
sonal intervention and renders the bill unworthy the sup
port OF southern representatives
The province OF Louisiana acquired in 1903. The
treaty does not profess TO give its northern western
boundaries When the French enjoyed the undisturbed
possession OF Louisiana (ys Martin its extent in their
opinion had scarcely any bounds the northwest and
limits were dehned anywhere except the seacoasta
But Tor the purpose OF avoiding any minor dispute
will assume that the territory the subject of egs
laon was held by France part OF the province, and
passed TO us as such under the provisions Of the treaty
In 1904 the Territory of Orleans organized and the
remainder Of the province designated Lonisiana
placed under the Of the Indiana Territory In
1872 separate government was established for this por
ton under the of the Missouri Territory In 1919
all that part Of HE Missouri Territory (which lies south
OF line beginning the Mississippi river at SO deg north
latitude, running thence the river ST. Francois
thence up theame to 36 deg 80 min north latitude and
thence west to the western territorial boundary ne'
organized into separate territorial government called the
Arkansas Territory Out of the remaining territory the
whole Of which lay to the north of SO deg 30 min,
carved the State OF Missouri the particular boundaries
which were determined by the act of 1920
When the State government Of Missouri formed it
absorbed the whole political organization Of the Territory
and west Of the State limit without any organization what
The actual condition Of this territory this period
is particularly described in the letter Of Charles Pnckney
"To the north Of SO deg so mn there is to be- by the
law, resriction which you will by the votes
voted against But it s at present of moment 1t vast
foot the Indian exnguished and in which
according to the dea. prevalent no land Office will be open
From that period this this territory has remained un
changed The tribes which occupied the country from the
earliest periods Of history still maintain undispued possess
sion and sway Other tribes from the east of the Mss
sippi have removed into the territory 1t is emphatcaly
the Indian country The policy of laws has excluded
oil ordinary intercourse between citizens and them No
trade barter Of any kind is permitted but special
license So far from extending our laws and jurisdiction
hem their right has heretofore been considered
elusive that in 1925 Congress desiring to lay out road
from west of the State of Missouri towards Santa Fe
quired condition precedent that the commissioners
should first obtain the consent of the intervening tribes of
Indians by treaty and the government while holding the
ultimate fee has sought disturb the possessory
4 right @ hat ~
Being thus clearly outside any State territorial ju-
risdicon il becomes very grave inquiry whether
pertain to their several tribes If citizen Of Massachu
ses with his family had penetrated into these remote re-
gons and there died by what law would his property have
been dsributed2 Would the claim of the wife have been
sustained by the civil law rule Of matrimonial partnership
would the children have inherited according to the com
law rule Of distribution? Sir it the par
ties would have obtained but feeble aid whether they had
appealed to the hberaty of Justnian the nexi-
by Of Coke The rights Of persons who enter into terri
tories in this condition if any be said to exist such
writers deeomnate imperfect rights They with
sanction remedy and, far, practically vaueess
/
ply upon question of such nice learning viii assume
the broader and bolder ground that the civil law including
the black code originally given to the province by Louis
XIV extended by construction to the precise territory in
question.
The laws then which existed in the province of Loui-
sana so far they sanctioned and protected slavery,
continued 10 be the rule of action from the date Of
QUESTION down 10 the act of 1920 As that act however,
forever prohibited slavery and involuntary seryude in
that Territory follows that assuming e act 70 be consii
aondi tarey and all siapog aw hn eriaing ceased 70
BE- From thai time they nul,fed and roe 10 Be re-
/ Corded as II they had nepr eristed
This principle of law is thus illustrated in the books
statute which Furnishes offence capitay Is repealed
by which Furnishes the offence msdemcanor only,
crime committed during the existence Of the first statute
be punished subsequent TO its repeal because as al
ready stated the first statute regarded had nep had
existence and it cannot be punished under the second
statute because this would be post aco So by analogy,
debts barred and extingushed by limitation bank
rupt laws again become the foundation Of an action
though the debtor subsequently promise TO pay hen but
| the action rests on the Hew promise
The act Of 1920 with its prohibition having thus ex-
cuded all other laws this subject and annexed to the
domain law for its perpetual government without re
gard any change in it's political condition. the measure
before proposes boldly TO repeal this law, what
is equivalent declare it "noperatve and void and to
leave the people inhabng the Territory perfectly free
form and regulate their domestic institutions in their
way subject only to the constitution Of the United
States To proposition 90 just 50 equal 50 constitu-
South and we are called upon against this
| because the proyiso declares
"That nothing contained III. shall be
revive put in force any law or regulation which may have
prior 9th March 1920 either protecting establish
ing prohibiting abolishing slavery" e
The question then presented TO is shall reject the
proposition which leaves southern free TO emgrate
with their property into the Territory under the sanction
and protection Of the constitution, because does not also
contain a re-enactmen the ancient proslavery laws
But told by the dssentients that re-sH1emsm Is
required and that II Congress will merely content 1T
self with simply repeating the eighth section OF the Mis-
souri act these lars icH reripe ef Mcnseiu6.
| Here Is the fundamental Laws destroyed
have elfreceave power and whenever revived IL Is
only by force Of some creative act,
The first great rule Mr. Chairman in the construction of
statutes Isl that the Intention OF the awpiver 10 be de-
duced view the whole and every part OF statute
taken and compared together The real intention when
curatey ascerained will always prevail over the literal
| sense of terms 2
Subordinate this is the special rule Of the
awthat the repeal Of repeating statute the new
law containing nothing in it that manests the intention
Of the legislature that the former act shall continue repeal
ed) the original statute is reyived Dwarrs Statutes
1 p. 534)
II is therefore only by virtue Of the intention contained
in the act ascerained by the court according to the
rule already quoted that the ancient law revived or re-
created and by force Of any vitality existing in the an
1 cient law itself u
Now, the essential rule Of construction ms just read
only permits the court to declare revvor when there Is
nothing ia the statute ch,ch raauess The intention Of the g,s-
aie that The ancient lar shall continue recdted could there
be any doubt TO the construction Of the act without he
provso being the true ntnt and meaning OF this act
not 10 gfsfc saperv into any Territory OF State, or TO ex-
clude IL therefroman expression legally as emphatic as
If IL had declared il the true intent and meaning OF the
not TO revive the laws respecting slavery existing prior
10 1920. When, therefore, the Badger proviso declared
that nothing contained in this act shall be construed to
k,cl,u