Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1854-04-06
NEBRASKA-sLAVERY.

Mr.. Badger said he had expected TO re-
ceive and present to TIE Senate to-day re-
monstrance against the Nebraska bill from
his own constituents but as it had not arri-
we'd, he asked leave of the Senate now 10
present some remarks he had designed ma
king on presenting the remonstrance. He
desired 10 correct two mistakes which had
got abroad in the community relative 10 his
amendment 10 the Nebraska bill, providing
against the revival of the old Louisiana laws
Of Slavery on the repeal Of the Missouri
Compromise. 1t had been supposed by
some that this proviso gave an effect to the
bill which it would not have without it, that
except for the proviso the old Louisiana law
would have been revived by the bill. Some
of his friends were, of opinion that this
amendment therefore had given an unfavora-
BILE tone to Southern sentiment regarding
the bill, and he desired to explain away the
view which had been taken Of it. He had
on former occasion, said, as he said now,
that in his opinion as aprofes essional man, the
bill, as it stood before his amendment was
adopted, left the territories entirely without
any law whatever on the subject Of Slavery;
that it neither revived the old Louisiana
law, nor admitted nor prohibited the estob-
llshment of Slavery; but as there were some
/ Senators whose minds were not free from
doubt on that subject, feeling the desire that
perfect frankness should characterize this
and al other acts Of Legislation, and with a
view Of putting an end TO the misunderstood
ding, he proposed the amendment, declaring
in express terms, that the bill should not
revive any law existing in the Territory pri-
or TO the act Of 1920.
Mr.. Badger proceeded with the argument
to show that this amendment did not change
the force OF The bill with respect to slavery
in the Territories. The terms Of the act re-
pealed the prohibition clause in the Missou-
ri act. He maintained that this repeal did
not revive the prior law. Ie knew that
the common law, as laid down in the words
of Blackstone, was, that if statute that re.
peals statute is itself repealed, the origina
statute is revived, without any form of words
effecting that revival in terms. Blackstone
proposition is, that there is no necessity fol
formal words for the purpose Of reviving
the original act; but it was impossible tc
consider the rule laid down by Blackstone
and the statute whlchh he adduces in illustra
ton of his rule, without perceiving that the
intent to revive pve-eXisting law must bC
evident, else the revival could not occur
Where law is repealed, and the repeating
statute is subsequently repealed, it is mat
ter of construction whether the former law
is set up or not. Therefore it was an es
tablished rule that there could be no reviva
Of previous law against an express decla
ration. There was no Court in America tha
would have held that the Missouri Compro
mise by this act, as reported from the com
mittee, would have revived any law-th
present act expressly declaring that it wa
the intention, by This repeal, 10 oleave the sub
! iect covered by the original law to the de
f cision of the people themselves. 1t wa
C thought by some of the Southernfriends tha
1 by voting for this law, he had conceded III
doctrine Of squatter sovereignty.
He did not concur in, nor admit the exis
tence of any such right. He held that til
/, power of Congress over the Territories wa
a plenary. We had right 10 exercise sue
z dominion over the Territories as in the juds
t ment of Congress should be wise, just ant
reasonable. At the close oIthe specific emu
/, meration of the powers of Congress, gen
I eral power was given to exercise all othe
1 powers necessary 10 carry out the constitu
$ ton. In the Nebraska bill, Congress sim
!. ply desires in this instance to confer th
right of self Legislation on the subject Of slave
e ry entirely upon the people of the Territory
y Although he admitted that Congress had
4 right to establish any sort of government i
d the Territories that it pleased, they wer
y bound TO exercise that power upon consider
h ations of reason, and justice and kindness
: and it was upon these considerations he ha
e voted for the bill. When he gave his a:
It sent to the BILL he did not consider that h
t. was giving his consent TO the doctrine (
n squatter sovereignty, and of admitting th'
- - the people ofthese Territories had any inh'
h rent right to govern the Territories then
i selves, over and above and paramount to ii
d authority of Congress. The bill implies OF
Is " that under the circumstances in which tt
people of those Territories were placed,
A was proper that they should be allowed
A. control their own internal affairs.
IS Mr.. Butler considered, by the Nebra
It. ka bill, Congress had conferred the leg
S, power of legislation upon all subjects upC