Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-11-13


that Congress has the right to return the Cou,tu-
tion if it has not been ratified by the people. They
contend that it would be HI act of Federal in.
reference with the sovereignty of the people and
The rights of the States and in violation of the Ne
braska Kansas bill, which excludes the Federal Gov
ernment from all influence in the determination Of
the question: whether slavery shall or shall not be
received into the new State Let US look at this.-
Il the Constitution is presented 10 Congress, not only
without any satisfactory evidence that II expresses
the will OF the people, but under circumstances
inducing serious doubt, would Congress not be COD
nlvlng at and encouraging an innovation upon the
principle Of popular sovereignty and departure
from the provisions of the Kansas Nebraska bill T.
fne rights Of the States demand that tne eoeral
GovsrrmAn, sisB M, interfere With the will
of the people Of the Territories regarding their
| own domesto institutions. But do they demand
aso that it shall not protect them in the
exercise Of that will The people of Kansas
have the right to vote upon their own affairs. But
was the Federal Government unjustifable In sending
troops there to that the popular will was fairly e1
pressedil BY returning the Constitution to be ap-
proved by the people. Congress would be endeavor.
ing to enforce the principle Of popular sovereignty
II would be protecting instead Of invading the rights
| of the States. Kansas cannot become State until
Congress admits it into the Union. And as long as it is
Territory it s the duty Of the Federal Government
to protect its people in the exercise Of their rights.
Discuss the question as we may, whether the Con-
vention is sovereign, or whether Congress has the
right to return the Constitution, 1t must be acknow
edged that the objsct should be, to ascertain
whether the people Of Kansas desire slavery or not
What better method eau be adopted than to take the
vote on the question: II Constitution recognizing
slavery is presented to Congress- and accepted with
out The ratification of the people, We may expect
new impetus to be given to Aboltionism; unless, in
deed the people in favor of It. And II they are
why not submit it to them! If they are opposed to
it they vii: adopt new Constitution and charge the
South and the Democratic party with an attempt to
force slavery upon them. The moderate men Of the
North will have sti stronger belief that we are
determined TO extend institutions into the terrific
ries regardless Of all pledges to leave them to the will
of the people. BY cheerully acceding to strict en-.
forcement of the principle Of popular sovereignty in
Kansas the South will strengthen the confidence Of
her allies in the North, and prepare for Aual tri.
umph over sboltionism. This question involves the
honor not less than the interests of the slave States
EDWARDS ON BILLS OF EXCHANGE,
A TREArIsE on Bills OF EXCHANGE AND Prom.
IssoKY NorEs. By Isaac EDwARDa, COUNSEL.
LoR AT Law. Albany: Gould, Banks g. Co., as
Broadway. New York Banks, Gould 81 CO., l4l
Nassau Street. Richmond, A. Morris.] 1857.
There is no branch of the law affording amper ma
tsrials for volume than this which Mr. Edwards has
chosen. In chief part, the handwork of the courts
and the offspring of mercantile necessity, writer on
the law merchant in its several departments enjoys the
widest scope for the exercise of those habits oil ansy
sis and diigent investigation which make at once the
profoundly learned and philosophical lawyer. Ito
k1 scr,psa est may be applied to other branches o
the law much more frequently than to this. Hence
it is m ore important to know what tho courts have
decided than what Legislatures have enacted-te
know what are the results of judicial reasonings ra
ther than the provisions Of positive statutes. This
true now, and, from the necessity of the case, mus
remain true. The law Of bills Of exchange, and o.
promssory notes. for example, has chiefly to do with
transactions between residents OF different States the
subi.cts or citizens of different soveregntes, and
binary prudence dictates that such transactions shouc
be encumbered as little possible with positive en-
actrnents. To this fact are to attribute the re
makable similarity in this particular department. be
tween the Of the several States OF the Union
and TOO, the likeness Of the English statutes to ou
own.
While this universally Of application is an advsn
tage and great one there Disadvantages attend
ing it Of no slight importance. We speak particularly
of the disadvantages to the legal profession To keel
up with the law merchant in lie several Department.
requires no little labor and industry. Reports of dc
cisions in the thirty odd States OF the union are
multiplying every ysar-ths English courts are add
ing their almost daily suppes-and with all Of these
it is presumed the lawyer must be familiar before
settling the questions Of law arising before him on
this subject. Fortunately, in most cases, the simple
rules laid down for the government of such transuc
tions may, with ordinary acumen, be traced to thei
legitimate conclusions; and 10 nineteen out Of twent.
cases. the lawyer may be right without consulting hl
authorities. II is, however, not always true that HI
has at command the resources adequate to reach
these results. He needs q helper to thought. He
needs guide book to the decisions. He needs Il
know what the courts have said in the given case
or in some parallel ca.e or in some case running,
not altogether at east in great part In parallel line
, with the one he has in hand.
i. Mr.. Edwards book 10 designed as an assistant a
such times and as convenient condensation of tn
latest and best law upon the subjects 1t treats Of
o almost invaluable. The scope of the work is com
prshensive, embracing general dissertation on ne
gotiabe psper treating of parties to suoh mercantil
instruments, their forms and requisites-their con
uruction, delivery and paynsnt-their endorsement
and transfer, Co. go. The eleventh chaPter is oe'o
led to the pleading and evidence necessary ior IN
prosecution or defence of suits on such paper, and
a valuable dissertation on that subject.
In his foot notes. the author has collected the eta
nte, of the several States of the Uaion In relation
bills of exchange and promissory notes.
: Mr.. Edwards i. already fayorably known to tn
profession by his work on Bl'ments, which we cal!
ed attention 10 in former issue. His present worl
will not diminish bis claim 10 the gratitude OF the bar
His single volume of eight hundred pages, comprise
as much as Judge Storys two treatises, the one Of
bills of exchange and the other on promssory notes.
Edwards as the latter writer has avaled himself
The more recent decisions, which are not found II
Story. He has especially enriched bis volume oy re
ference to the New York decisions. We wish we ha
drawn more frequently from Southern auhorites-es
necially from Virginia. Law writer's and the editor
of law books, would find in the Leigh and Gratta
reports of Virginia much valuabls Jaw, "nicn tne
would do we'll TO incorporate into their treatises o
snnotations. Despite the absence OF tnese rom hl
Edwards work, We regard II as Vaiuaoie' anu eon'
mend it 10 the profession.
MARYLAND ELECTION.
We have now returns mainly unofficial, from tn
whole of the State We give below, in districts, tn
vote for Congressman:
FIRST DIsrRlcr-Stewart, Dem, 3.ooa; Town
send. X. n. 34ly-Stewart's majority s6
SECOND DIsrRIcr.-Rcaud, n A., o,'oii mchen
ry, Dem, 7g35-Ricauds maj 766. ,,,
I, Third DI.TR1cr.-Harri-. K. N, S7oli White
Dem, S, ,455-H.rri.' maj 3,3o6:
FOURTH DlsrRIcr.-ln this district, as In the pre-