Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-03-26

,ourt Of t:is CE,;ed States % a-teTicls5 '1S go.
sny, ,ra ri, DOC. rns y: arrl.n Il "
N ,:n,n;-nanca in !he Constitution; and Wna.ert'
viii. ,nv cnil-ague may think arose before '.' u
ram -. dnuj: which existed on the subject al W. !
.vrr evils ir might l,avt arpreltnded f" H., Su
afterwards, from thu time oil the det's!"" W
,r,,n- Cnurt in regard to tins case, tie or'''a
H.. 4 arsns Nebraska bill stood vindichtrd hn' ~
m. i from all suspicion or faint of enc"urass
..orial snv.rricnty. And would gay to my cu'o"t
hat perhaps others may have foreseei tne ,i.r
# the Supreme Cuur, well himself. SHE s"
decision, all his tears and all his trouo'es VIZ
-ct may be forever qnlsfed ,s tia
| shall consider now, for few brei nionI -;
other obi -ciion of my colleague. II Is tie , @
10 what is called the Badger provls" anu nrn,;.n
10 say here, Mr.. Chairman, that when tun' phy ,ba
" "a introduced in the other wing oil the CsPo' -,
distinguished Senator whose name 1t oears, cor
led it. regretted it because thought IL WOO and m
9. sson in form at least, from the weaker 81 hea
pressed interest in the land and that winch nn
10 long suffering under the inustice oil THIS n.s'ou
-es,ririion TO the stronger ana aggressng Interest,"
I,ut did not attribute it that importance @Ii
nv colleague does and desire to examine LOT
uo it's true meaning and effect. What Is 'na' p'o'
yisol This is its language
"Sothing herein contained shall bs con'irusu W ~
vivs or nut in force any law regulation ihht may
have existed prior to the act OF March, lS2o ei'het
protecting establishing, prohibiting, or sbolshihs
Now, Mr.. Chairman, wish to consider that pro-
which tha act Of 1854 was intended to repeal, was
constitutional it unconstitutional. wish 10
look al it under both these supposllions. SUPPOSE
now that the Missouri restriction of lS20 was consti
tuonal, what did it dot Why, sir, there were some
old French or Spanish laws, recognizing slavery
which existed in the Territory of Louisiana when it
was acquired from France and which we're, by ;oler
ance, continued in existence. Here comes then the
restriction of 1920. and, by implication, snspends
these old laws, and makes the ground an open tinld
and after making it open field, il next advances
and takes possession Of the field, and erecs on il a
barrier, positive prohibition against the introduc
ton of the peculiar property of the South The Ell
feet Of the restriction then two.fold. Now, by
the repeal of the restriction by the act OF 1854 what
did we do, in that supposi;ionl We, at LEAST, re-
moved the positive prohibition and left again the
open field Of which have spoken. In that supposi-
ton. did we not gain somethiugl
Well, take the other supposition! Say, now, that
the restriction of 1920 was unconstitutional! What,
then, was the consequence Of the restricton1 Then
it was null and veid ab intto. 1t had no effect OF
force whatever. II did not repeal the old French or
Spanish laws. They we're not. i'll legal c0ntempla
ton, suspended. Well, sir, what does this Badger
provso sayl 1t Gays, "nothing herein contained shall
be construed TO revive or put in force" &c. But
these laws did not require 10 be revived by that ACT
of 1854 They were in existence 0itunde mot by
virtue of the act of 1854 but by virtue of their pre-
vious existence never having been Suspended The
provso Gays that the act OF 1854 sha not put them
force. | could enarge on this idea, which con
slider strictly legal and tenable; but prefer, in the
little time allowed me, not to dwell longer on thi'
point. / wish to to n higher and more compre
hensive,, and, in my opinion, more statesmanllkt
conception of this entire question: What ia il, sir
Here Mr. Chairman, had been conflict in the land
a. to the quetion whether the Constitution of the
United States. proprio uigore, extended did mol
extend to the Territories Of the United States
The mighty in'ellects Of Calhoun and Webster had
Act III ynutIO tta Nnn n
the Senate Chamber, and their followers throughout
the country had ranged Themselves on the Ous side
and OH the other. Not only that, Mr. Chairman, but
there wa. also q contts at whether thIs Government Of
the United States should be allowed 10 exert its pow
or discourage and limit the property OF one section
of the Union and extend and enlarge the property
of the other section. The Kansas Nebraska bill Of
1854 comes in and decides both these questions II
declares the Constitution of the United States eI
pressly extended to these Territories and it further
declares that the Government of the United States
shall not exert lie power or authority to limit or re
strain the property Of one portion OF the Union, and
to stimulate and encourage The interest of the other
portion.
Here, then, We have the Government Of the United
States surrendering its authority over this question
and expressly declaring the Constitution Of the United
States extended TO these Territories. Then comes
the decision Of the Supreme Court in the bred Scott
case. declaring that the Constitution 30 operating IN
The Territories shall stand as tower OF strength and
muUllIltIt Vi uecnCt VI plupcIiy ieeih
of all sections of the Unon-ot the one section a.
well as The other. What now do you want with your
wicker work of Spanish and French laws' You
have in the place Of them the Supreme power. the
mighty influence, the permanent protection OF The
Constitution Of the United States-the highest Anne
rican law. You have in that shield stronger than
the shield of Achilles You have tower of strength
more inpregnsble than twenty Cronstadts. And still
youtalk about your French and Spaniel laws! This
cir WA great in the history Of American egals
T.. of Il, IF IaS
of usnrped power the part OF the Congress Of
tho United States Gnd Of y restoration ol the Consii
tuition to ta true control and supremacy. IL ID an sb
dcarion restoration more important and grander
in every point of view, than any abdicstion or
restoration of prince, potentate, or power" TT.
corded in the history OF The world. The
Congress of the United States gives up its usurped
power 10 limit the power OF the South. The Consti'
tunn of the United States IL restored TO its former
rule. And while all rejoicing at this great era in
American leg.aron ct this great aboca,ion and re.
s,Ora,ion my colleague chooses to stand by and com.
plain that the usurper, in going out takes with him u
little of the dirty linen Of Tho establishment.
But, sir. wish 10 look at this hject as subject
of prophecy There we're more predictions made
than one. There were more prophets than my col.
league in the land at that time. The nation was then
rather plethoric Of prophets II was declared GU
the ether hand that II did loose these French or
Spanish laws, our property would enjoy the protec'
ton Of the Constitution and ALEC such protection as
might be given by the Territorial Legislature. And
did We not have III Herein was prophecy fulfilled.
My coeagueaeems to think that the evils that have
arisen in kansas were the necessary aud the logical
resus Of the Kansas Nebraska bill. Now, sir, sub
mil to him. whether, il they are the natural md e
ultimate suits of the principles Of the kansas-Ne-
braska BILL the same consequences would not follow
wherever the cause eIisisl But cir the principles
Of the Kansas aud Nebraska bill were applied to the
Territory OF Nebraska they have been applied also
in eject, to New Mexico; and why have not the
evils resusd there, il they follow necessarily
from the principles of that billi
II the principles Of the Kansas Nebraska bill had
been adopted long years ago before the public mind
had become 80 distempered and diseased, no trouble
would have follow ed but, in my judgment, every
thing would have gone of smoothly and quietly un.
der them. The settlement Of Kansas would have
been left to the ordinary law. OF settlement men
would have gone there from the ordinary causes, to
select them homes and work out their fortunes all
would have gone off we'll. Ii was because the public
mind had become distempered and diseased It was
becsush tbs wrangngs here on the floors ct Congress
had produced such heart burnngs and bad feelings
between the two eections OF the country, that ines.
results followed. The extraordinary msnnI adopted
10 settle Kansas your enIgraHt did dss0ca0'0nS and
thu characters Of the men whom they sent there
your jim Lanes, and your Sharps rifles these must
bear the blame for the troubles which have arisen ~
Kansas.
Mr.. Chairman these evils are upon US, and it il.
proposed TO eattls them by the admission OF Kansas
into the Union "a State. The President OF the Unit
ted States has cent message 10 the Congress OF the
United States, communicating to ns tho constitution
adopted Mt Lecompton, and recommending that Kan
shall be admitted into the Union as State under
that constitution. stand here today to take my po'
sition in faye. OF srch admission and snail now pro
coed give the reasons upon which base my action
Now, air, | am free TO admit that when this Con-
stution comes TO u.s. We have the night 10 inquire
fret, whether there ia sufficient population IN kan
sas TO ente her to come into the Union as State
Well, sir believe there is no difference of opinion
upon that eubect. All parties are agreed upon that
point. The Topeka men aeem TO have acted all
along upon the supposition that there was population
enough there to justify State Constitution The
Lcconpton men have done the same. and those VINO
sustained the proposed by the distinguished
Senator from Georgia during the last Congress, seem
never to have objected on that ground.
Then cir, sdmit that ynu have tho right 10 IN
qure whether the form OF Government proposed ia
republican believe there is no difficulty upon that
subject. All are agreed upcn that point.
There is another and very important inquiry which
we have right to make. We have tbs right to in.
cuire whether the Constitution cent here Is in fact