Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1856-06-11
sprEcH OF HON. GEO. E. BADGER,
OF NoRTH-cARoLlNA,
In The SENATE, February 16, 1854.

OF NoRTH-CARoLlNA,
.4.- In The SENATE, February 16, 1854.
j.. [coNcLuDED.]
AGAIN. on the bill for establishing the boundaries
of Texas and territorial government for New Mex
leo, a motion was made by Mr.. Chase to amena inc
bill BY inserting in section o. line after the woro
residents" nor shall there be in said territory
either slavery or involuntary. servitude otherwise
than in the punishment of crimes WHEREOF the party
shall be duly convicted to have been personally
guilty :" it was determined in the negative-yeas zo'
nays %. :, ,.
will not trouble the Senate with reading these
amendments further. One amendment Ieco!
cot ont with great particularly, that the Missouri
compromise line should be extended to the racine,
and declared to be in full force, and binding !ne
same sense and with the same understanding Will
which it was originally adopted. u.:
Now, sir, what the result OF an tnese various
votes? Here was the Territory OF New Mexico an
If which. except a very small fraction, not worth
mentioning. Law south of So deg. 30 min., and yet
the Senator who now invokes US to support the MIS-
souri COMPROMISE, mr. Chase moved to apply the
;lmot nroviso to that territory, and voted in every
instance. upon the yeas and nays, except IN one
case where his name does not appear at ALL against
the recognition or the application OF the Missouri
compromise in any form whatever What, then' is
the actual result? Here were those OF US who were
on the floor representing southern constituencies,
not only arguing, but may almost say, begging,
for the recognition of the Missouri compromise iine
We could not obtain it. The Missouri compromise
line was rejected-it was repudiated-,t was IN ell
feet declared not to be applicable to those terrific
RES and that the principle Of it should not extend
to them. What under these circumstances, did
Congress do They passed two bills for territorial
poyernments-one for Utah, lying north OF 81 deg.
30 min, and one for New Mexico, nearly all OF
which was south of Sc deg. 80 min in precisely the
same words in respect to this whole subject
putting them exactly upon the same footing, ana
comforting upon each of them the same amount OF
Legislative power and treating the line OF 81 deg ~
min., as if it had, politically, no existence.
Now, Mr. President, to recur, for moment, to
what set out upon this point with mentioning;
that the principle upon which an enactment ionn.
ded, the principle out of which rule OF conduct
grows is some original assumed truth, some prop
osition admitted to be right out of which the law,
or rule of conduct naturally aud properly springs;
beg your attention to the language which has been
so much objected to and criticised. 1t is that the
Missouri restriction limiting slavery according to
latitude sis inconsistent with the principle OF nom
intervention by Congress with slavery IN the States
and Territories, recognized by the legislation OF
1850" "The principle of non-interventon mot
the words c, ntained in those laws. Now we ascer-
tain what was the principle upon which that eglsla-
ton proceeded, by looking both to what was put
into the laws, and to what Congress refused to put
into them and examining the subject in that light,
we ma tlaL the leSlSidliOu vi 1OCo was uP
on distinct reputation of the idea of making any
difference between the condition of people lying
on one side of line of latitude, and the condition OF
a people lying on the other side and that was &C
complished against the speeches and votes of the
whole southern delegation upon this floor.
Now, sir, if 1 am right, these things are made out:
The principle or fundamental truth upon which the
legislation of 1920 was founded was, that Congress
had power and that Congress ought to intervene to
exercise that power to exclude slavery from terri
tories lying north of certain latitude and implicitly
admitting it on the other side. That principle was
applied to all the territory which the United States
had which could be made subject to it. 1t was re-
cognized as a principle by its subsequent appGca-
ton upon the acquisition of Texas when was con-
tinued out in its towards the Pacific ocean
vet Texas did not fall within the description con-
tanned within the Missouri compromise. She was
foreign independent State incorporated by her free
consent, upon the principle of a treaty. Then in
1850, what had been thus recognized was distinctly
and unequivocaly repndiated. The principle upon
which the legislation of 1920 was founded, being
thus disregarded is it not strictly proper to say that
the principle that Congress should not intervene in
relation to these matters distinctly shown, evicera
ted out of the acts of legislation Of 1850 being d.
rectly inconsistent with the other principle which
the legislation of 1920 was founded the latter is in
operative and void? pray you, sir, if it is not
strictly accurate to say that this clause of the act Of
1920 is inconsistent with the principle of non.inter
vention by Congress with slavery in the States and
Territories and that that principle was recognized
by the legislation of 1850?
Well, if it was, as to my understanding it is evil
dent it was say that the honora BILE chairman could
not have adopted operative words more strictly
curate and proper than those with which he has fol-
lowed this recital. What are they? lis hereby
declared imperative and void" 1t would not have
been correct just to the subject to say that We
thereby repeal" the Missouri compromise, as if we
IL
; but it is the true proper, and legitimate conclu
sion, that Congress having in 1850, adopted prin-
cple, and grounded its legislative action upon it,
which is inconsistent with the principle involved in
the eighth section of the Missouri law, that eighth
section should be declared imperative and void. In
the court below that provision effects repeal; and
it is JUST as legitimate mode of efecting repeal of
law, to declare it void to say it is hereby re-
pealed." If gentlemen will consul: the English stat
ute-book, they will find numerous instances of re-
peals by such words 1t is peculiarly appropriate
to adopt that form in this case because it is legal
consequences following out of the facts rected that
it ought to be "inoperative and void" and it is
therefore declared to be So
Mr.. President, in the view which take of this
subject, it seems to me strange-no, will not say
strange-but ask you if it is not very remarkable,
whether strange or not that the honorable Senator
from Ohio [Mr. Chase should have felt such an ex-
treme urgency for proper respect being paid to the
missouri compromise line, when, in every instance
in which it was proposed to the consideration of the
Senate in the year $780, he constantly by his VOTE
refused to recognize it2 He calls upon us to ere
spect the, Missouri compromise, regard plighted
faith, submit to the exclusion of your slaves in ter
ritory lying north of SO deg. 80 min, and, in con-
sderation thereof will also exclude your slaves
from territory south Of SO deg, 30 min" II beg
you, says he, not to disregard the terms of this
compromise. You are men of honor; YOU have
agreed to give up the right of carrying your slaves
north of 36 deg. 80 min, and we implicitly agreed
that you might carry them into territory south of
Sc deg. 80 min. /; l beg you to adhere to your sur
render north of Sc deg. 80 min." And, as the most