Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1856-06-07
SPEECH OF HON. GEO. E.BADGER,
E or NORTH CAROLINA, 4S5.s.5

SPEECH OF HON. GEO. E.BADGER,
81 OF NORTH cARoLINA,
In THE SENATE, February is. 1854.
The Senate having under consideration the bi'
to organize the Territories of Nebraska and Kan
saS-
Mr.. BADGER said Mr.. President. like nv honor
able friend from Massachusetts,, Mr.. EVERETT
had strong, and to my mind, insuperabie oolee-
ton to the substitute to the bill ms it was nrignaily
reported to the Senate, upon the ground that l
thought it did not efectnallv provide for maintain
ing the public faith of the nation towards the ind'-
ans and their possessions within the boundaries OF
these Territories Like him. felt and feel, that
every measure not onlv Of justice, but of kindness
and consideration shonld be extended to the rem
nants of those men who were originally powerful.
and warlike; who once possessed large portion OF
the original States of the Union: hut who now,
dwndled in number, and enfeeb:ed in power nave,
under our authority been gathered upon this Terri.
tory west of the Mississippi far from the original
homes of their ancestors under q guarantee that
they should not be dispossessed OF their new
possessions.
thought the substitute as originally reported did
net in effect provide for requiring from these 1nd
an tribes free and voluntary consent before terri
torial governments should be established over them
Not doubling at all that it was the intention OF the
honorable chairman who reported this bill, and OF
the committee at the head of WHICH he is, to afford
such guarantees for free consent on the part OF the
Indians and to assure to them the exercise Of real
free will in determining upon the question: Still
thought that, as the bill stood, there would be no
guaranty to accomplish that purpose thought.
and still think that if oppose these territorial
governments established. and the Governors OF the
Territories respectively made ercffcio the Superm-
tendents of Indian Affairs, with all the appliances
and means of those territorial governments brought
to bear with, in fact, an overpowering force upon
the exercise of the will Of those tribes. it would be
mockery to ask them to consent, when the practl-
cal power of refusal was in substance withheld. -
Therefore If the substitute had remained in it's orig
ina condition, no earthly consideration would have
induced me to give it my support; for consider
fair and untainted reputation, as it is the most vau-
able possession of an individual in private life, the
strongest safeguard Of a nation.
But, sir, that substitute, upon the suggestion of
the Committee on Indian Affairs upon amendments
proposed BY its chairman, has been relieved OF those
obnoxious provisions, and think it does now sub
stantially to the exercise of free and in
dependent will on the part of the Indian tribes All
control over them is entirely taken from the terri
toriaI authorities Though included geographically
within the bounds of these Territories, politically
they are to all purposes out Of them, and are not.
in any respect, brought into contact with, and will
not have aav transactions or business. or dealings,
with the territorial authorities such. The full,
entire. and complete jurisdiction of the President of
the United States and the officers of his appoint
ment irrespective entirely Of the territorial organ-
zation is continued and reserved and the acts pass
ed for their security ere.enacted, and reafrmed;
and every reasonable precauten has been made to
satisfy that plain demand upon honor that what
is asked from them they shall be at liberty to refuse
know, sir, every gentleman is obliged to know,
that every Indian tribe is less subject to in
fuences in the transaction of business respecting
their condition. and their property, which it is not
in the power of the Congress of the United States
entirely to disspate and remove. 1t possible that
the President of the United States acting under the
authority conferred upon him by law, anG reserved
to him by this bill, may appoint agents who will be
guilty of the most unworthy contrvances, means of
compulsion, arts of persuasion, which may result
in really depriving the Indian of the fair and just
exercise of his own Independent will but am not
to presume that any such use will be made of pow
err President of the United States who would be
guilty of such conduct would be justly handed down
to posterity with indelible ignomny upon his char
acter, and stand recorded to the remotest genera
tions reproach to the character of the country
which gave him birth, and honored him with its
confidence. As this. however, is not to be presum.
ed, and is not to be believed, 1 say that think all
reasonable precautions have been taken which
be demanded of us to insure fair, and just, and
free exercise of the power of assent or dissent.
Again, Mr.. President, l sympathized in the view
expressed by my honorable friend from Massachu-
sets, Mr.. EVERETT that perhaps there was
cessity for immediate action in respect to the estab
lishment of these Territories, and that we might,
without any serious oetriment to the public good,
have allowed the present state of things to continue
for few years longer; but then agree with him
that this is, at last, but question of time. The
very necessities of the case the developments of the
country, our acquisitions the Pacific, the rush of
the white population, with or without the approba-
ton of Congress, renders it but question of time;
and far from being certain but that it is better
this being, as think, practically the undoubted
state of things, that we should, by timely and
wise legislation, endeavor to do effectualy now,
what perhaps We may not be able to accomplish
few years hence-extend the restraining influence
of our laws over this population that, on the
WHOLE it is not at all unlikely that it is for the in
terests of the tribes themselves that we should now
adopt the proposed legislation.
The public faith, then, Mr.. President, being as I
think, sufficiently relieved from all just mputation,
The question with regard to time being one of com.
parative unimportance, and for the reasons which
have mentioned not weighing, at all events, strong
y against the present adoption of some just system
in reference to these Territories the question then
arises, is there any thing in this bill which should
induce me to reject it. or its provisions such as
it to our appreciation? Every one must
be aware that the real question, and substantially
the whole question involved in the consideration Of
the bill, arises upon the provision which has been
into it, as amended upon the motion
of the gentleman at the head of the Committee on
Territories respecting the power of legislation over
the subject of slavery.
1t is supposed, by gentlemen on both sides of the
Chamber that the amendment made Yesterday on
the motion of the honorable Senator from Illinois,
gives an entirely Objectionable character to the bill,
and are invoked to refuse to give it our sanction
because it involves violation Of the plghed faith
of the nation. 1t is said that this provision is re-
peal of the Missouri compromise; that to repeal the
Missouri compromise is to violate common under.
standing by which the different portions Of this
country became bound to each other thirty years
ago; and that therefore, we cannot adopt that pro-
vision consistently with the principles Of good faith
If that were so, for one say, without hesitation,