Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-03-24
THE BADGER AMENDMENT.

estly, yet we cannot perceive that Mr.. Badgers
amendment to the Nebraska bin should ar
ray against it any State-rights man. In our
humble judgment that amendment is merely
declaratory. 1t simply announces what the
bill itself enacted by stating its legal effect and
operation, if it should become law Indeed,
Judge Douglas, in his first speech on the Ne
braska bill, delivered on the Seth of January,
stated that at the time when the Missouri COM
promise was enacted slavery did not exist
known as Nebraska, inasmuch as there was no
code of laws on the subject either way, for the
reason that slavery had not been introduced
into Louisiana and established by positive en-
actment These are the words Of the distin,
guished senator:
"Slavery did not exist in, nor was it ex
cluded from the country now known as Ne
braska. There was no code of laws upon the
subject of slavery either way First, for the
reason that slavery had never been introduced
into Louisiana, and established by positive
enactment. 1t had grown up there by sort
of common law, and been supported and pro-
en- institution becomes established under q
usage it carries it SO far as that usage actually
goes, and no further. If it had been estab-
lished by direct enactment, it might have car
ried it so far as the political jurisdiction ex-
tended but, be that as it may By the act of
1912, creating the Territory of Missouri, that
Territory was allowed to legislate upon the
subject of slavery as it saw proper subject
only to the limitations which | have stated ;
aud the country not inhabited or thrown open
to settlement was set apart as Indian country,
and rendered subject to Indian laws. Hence,
the local legislation of the State Of Missouri did
not reach into that Indian country but was
excluded from it by the Indian code and Indian
laws. The municipal regulations Of Missouri
could not 60 there until the Indian title had
been extinguished, and the country thrown
open to settlement. Such being the case, the
only legislation in existence in Nebraska Ter
ritory at the time that the Missouri act passed,
namely, the 9th Of March, 1920, was provi-
sion, in effect, that the people should be allow
ed to do as they pleased upon the subject of
slavery"
The speech from which the foregoing ex-
tract is taken was received with reclamation
by the friends of the Nebraska bill, even by
those entertaining the most extreme opinions.
The Newspaper press circulated it throughout
the country, and we filled orders for more than
one hundred thousand copies Of it in pamphlet
form, without ever hearing once that the views
contained in the extract we have quoted were
in any manner distasteful to any one who de-
sired the repeal Of the Missouri compromise,
and wished to see the death-blow given to the
slavery agitation by establishing the principle
of non-intervention, and returning to the true
reading Of the Constitution. We could not
but be snsprised therefore, when we perceived
the manner in which Mr.. Badgers amendment
has been received in certain quarters. We did
not and do not now see that there was any ne.
cessity for such All amendment because it
really adds nothing TO the original BILL
On the other hand, we do not understand
why it should be complained of; for it does not
in our judgment, take anything away from the
original bill. In one point of view, VIC thought
il impoitic. We feared that weak minds might
be confused by it, and that men Of peculiar
temperament and singular habits of thought
would fancy they saw in it mountains where not
even molehlls existed. We have not Judged
wrongly in this particular, for some presses and
politicians that sustain the proposition to re-
peal the Missouri restriction, because Of its
unconstitutionalty, have shrunk back from the
Badger amendment because they do not under.
stand it, or because they fancy it is fraught
with danger-as children, in the night time,
gee in sheet hung on nail veritable ghost,
fresh from the world Of spirits.
The loss of such men would Of itselff be nc
great loss; but their unreasonable complaints
afford pretext for the timid to desert aud FOL
the corrupt to betray When southern men
nay when even southern man, occupying an
important position, undertakes to oppose a
measure intended to vindicate southern rights
most potent and powerful weapon is thereby
placed in the hands Of northern fanaticism
with which to strike down those true men in
Ne north who are willing to stand by the
promises Of the Constitution. We are