Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-04-13
The Nebraska Bill.

In TIE Senate, on Monday last, Mr..
Badger took occasion to defend his amend.
ment to this bill, providing that it should not
be construed to revive any proceed law
either in favor of or against slavery. Judge
Butler followed him on the same subject.
We quote his remarks in full.
Mr.. Butler. Mr.. President, hope the
Senate will hear me with some patience up.
on this subject; shall not speak long; but
it is due to myself that should make some
explanation in reference TO the true legal
character of the provision referred to by my
honorable friend from North Carolina, as |
think it has been misconceived, aud, as |
think, errors have been put iuto circulation
calculated to affect the public mind; and
put in circulation, too, by the suggestions
of Southern men at Washington.
lconcur with my honorable friend from
n. Carolina in all that he has said as to the
legal import of his proviso upon the general
provision of the bill: And, sir, that ~may
he distinctly understood, ! lay down this
proposition broadly, as FAR rs nv authority
Cargo as a lawyer, that, according TO the
legal import of the bill, we have conferred
upon the territorial governments created by
it all righful powers of legislation over every
subject; and the provisu itself, in a court of
iuslic., would not give it different charac
ter Now, what is the provision ot the bill
and the proviSo? The proviso does not ut
al change the character or Interpretation of
the provision of the original bull and, III my
opinion, il we had simply conferred upon
the territorial government the power to lrgIs-
late upon all matters of rghttu legislation
it would be- before cour, Of justice, abi
having exactly the same operation.
Now, sir, take that bill with all its provi
sions, and is there reasonable man will
not appeal to gentlemen us lawyers merely,
who may he supposed to have some lechni.
cal pcculiarty OF reasoning; but is there
reasonable man who has read the bill, who
will say, tha, by its provisions it intended to
revive The French and Spanish !ass upon
the subject of slavery 1t neither intended
TO revive, nor by its provisions could it revive
either the Spanis!, "r the French law. |
would say, sir, that by desue,ude those laws
have gone out of existence; but attach no
more Importance to the MISSOURI compro-
mise than this while SAY the Missouri Com.
promise is repeaIahle and controahle by ANY
other act of Congress, | am not going t" say
that there are not powers under the Missouri
compromise, which, having been executed,
are not well and properly executed. The
States which have been formed, and the
Territorial governments which have been
organized under its implied and acquiesced
authority, were good executions under it.
Aud, sir, suppose that from 1903 until this
time, no court, no legal tribunal, no lawyer
has ever adverted to, or evoked in any way
the Spanish or French laws in these Teri,o.
ries. do not say those laws were repealed
by the Missouri compromise expressly but
If custom grew up under the Missouri com.
promise, under which the laws of the Terri.
tory were administered the former was Il
dead letter.
The bill which has passed the Senate, by
its own provisions, independently of the
proviso Of my honorable friend lrom North
Carolina, excludes the very idea of reviving
any old law; so that it stands rs nothing
more than this: An act corferring upon
the Territorial Legislature all righliul pow.
ers Of Legislation over every subject That
is all the powers which it confers. In this
respect allow me to say in this connection,
it is better bill than the compromise known
as the Clayton Compromise of lS4S, in
which my late distinguished colleague Mr..
Calhoun acquiesced. What was that com.
PROMISE! | wish to bring up that issue so
as to compare the two, and let them stand
upon the same principle.
And during the time when that bill was
under consideration by the committee of
eight, of which Mr.. Calhoun was member,
was frequently consulted, and | will not
give the opinions of any body else. The
predicate of northern men was, that what.
ever compromise should be entered into, the
Mexican law should not be repealed by the
act expressly or otherwise and what was
more, | remember it was said. "We will
not consent to confer upon the territorial
government the power to repeal that existing
law which excludes slavery" The northern
men said. very properly, Here is south.
ern President; you propose to put into oper.
alton government under bis auspices and
direction; will he not appoint governor
aud Judges; will he not put into operation
q government that may repeal that Mexican
law, aud thus introduce slavery into the ter
ritories,"