Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-04-15
according to the remedies and the practice Of

W In oIAS 49, - kAakr EDI
every right there shall Do an action, for every
wrong a remedy. C6i Jus; s5i r~smedium, is
the maxim of the Common law, which has ex.
cited tho admiration Of students of j%urispru.
dence in all ages and all countries for ITS sdapt.
ability to all the changes and circumstances Of
cases, and for its power of moulding and ad.
justlng itself in the most complete and admira.
Die manner to the imtherance of right and
the administration Of justice between man and
man. Sir, | need not promise to any LAWYER
any thing more to inspire his confidence than
to say you shall have this right, and Won
shall have all the redress that the common law
affords TO enforce It. There is no LAWYER WIN
would hesitate TO say that il you establish the
right ard give him the common law remedies
u .ntorce il, he stards upon II rock.
This IS the plan reported by the committee,
and III that respect it carries out the true doc.
trlncs cf the SUuth. 1t does not leave 10 Con.
gress, subject to the whinS, caprices, passions,
prcJudlceS or dishonesty Of party, or to their
sense Of duty and Of moral propriety the m
pllcat'on Of the remedy to our rights. 1t does
not leave our rights to the tender mercies Of
any party in Congress. or of any Territorial
Legislature; but IL plants them in the Cons,i.
tuition itself, aud gives the enforcement OF
them to the courts.
We hesr y grea. deal about the corruption
OF she Black Republican party. We hear
a great deal said about the danger of trusting
a corrupt Judiciary in the territories. Sir, as u
lawyer, | anu proud to declare that in nv hum.
n!e Judgment, when the legal profession Of the
United States become unsafe repositories OF
private right or public liberty, the DAYS OF
th!s republican government and Of free govern.
inent every where are numbered. As an hum
ee member Of that profession | claim for item
that ttey are the true conservative class, that
they constitute the true conservative ell ,uent
IN TINS great republic Of ours. Sir, let the
storms Of iansiic!sm and of popular fury howl
where they wili-lct them best cnj surge as
they may over all other barriers-the safe
guards OF private right and Of public liberty,
thank God, ere in the halls vi Justice, und ure
entrusted to a band in whose hands they will
oe sale, until everything ceases 10 be worth
preserving.
Thus think | have shown in regard TO this
first section, SO far az it applies to present ter.
r!tory, that the report of the Comtulttee is far
ireieiabi:, far stronger ami far better for thu
South than the Crit;endcn proposition, either
Us a recognition uf the true principle OF % a
plan Tor Carrying out practical rights.
Sir, how IS It 10 regard TO future territory ?
" nat is the protection afforded in the Crit:ea-
den compromise as to future territoryY None
whatever. In the Crittenden plan with the
IS amendment it is provided that in all iu-
iure territory South of the line slavery shall
be protected By all the departments Of the ter
rl;ortal government. In regard TO present ter
ri:ory, | have shown the insecurity OF entrust.
ing our rights in the hands OF the souatter
legislatures in the new territories. Here is
another difficulty to which | will allude. 1t
isppens that We have settled our last territory
in The w:ldsrneSs. Our hardy pioneers have
gone out into the Western wilds and curved
homes for themselves and their children,
and hsse made laws such as they desired, aud
i'll accordance with the spirit of their ~institu-
tions. But, sir, now we have exhausted all
the wilderness around us, and from this time
forward, ii the United States acquire territory,
they must acquire countries already settled
L9ok NJ the exterior boundaries of the United
States. Why, until recently the United Suites
could De hardly said to have any exterior boun-
d.rieS. L7oh At the countries that infringe
Gpcn our borders; st tie North, the British
possessions; Ut the South, Mtx;co-old settled
countries with large populations Cuba, just
ever the way, settled already with a crowded
population. In all these countries they have
SYSTEMS Of laws recognizing and establish.
Ing their domestic. social and proprietary
relations, aud in al! of them, except Gu.
ba, slavery is prohibited Now take lhr,
triitsnden propositions, and suppose under /.
you acquire Mexico and cut cut Of it u slice
large er'uugh TO uake II State OF sixty or seven
~ tnui>sud square miles, and you would have
i'll Ii already Il population large enough for II
member Of Congress. The very moment you
acquire II, under the Cri,tenden plan, it has
The right to come ii. Us q Stste. WHAT good
does your protection il Il territorial condition
do! You Say that tue territorial judiciary,
territorial Legislature. and territorial Govern
ment, are all bound to give 1t profession during
the territorial condition; but 4 would have nc
territorial coalition. |: would come ID ike
Texas. full grown, and No such entitled TO ad,
mission as q State. Not only this, hut the
distinguished gentleman FROM Charles City,
iEx.President Tyler said yesterday in regard
70 2 striking case which occurred in his own
ADMINISTRATION that the Constitution Of the
United States does not apply 20 territory Until
You get i. Suppose it was contrary to the
Constitution ui the United States to impose
any restriction upon territory after you get it,
all that would be necessary would De to insert
il the joint resolution OF annexation 4 prohi,
bition 0! slavery, mud it would be as valid and
binding as the restriction to which tho distiE'
gu,shcd gentleman ufi zed his signature in re,
gard to Texas.
So you See that in the acquisition Of new
territory, constitutional amendments are of no
value. The distinguished example We have
had recounted here shows that they would all
be Of nc avail, because, has not the diStin'
guished gentleman from Charles City said tina.
lie would have died before he would have con-
scented 10 the application Of the Missouri line
within the territory oil the United Statesr And
Yet be did not refuse to apply it in making q
bargain to get more territory. Suppose we
had the Cri;teIden proposition, and that ell
territory hereafter acquired is to have slavery
recognized what is 10 prevent any President,
hereafter, from Initiating the example and
quoting the authority Of the distinguished
gentleman from Charles City, and saying, 81
can make any bargain | please, in regard to
territory which is outside Of constitutional
protection your Crittenden amendments are
but as dust in the balance, which | utterly dis
regardT What becomes then Of the protec-
tion 10 regard 10 future acquisitions of terrific
ry? 1t seems TO Inc that the Cr,trenden pro
position, so far as it affords protection in regard
to them, is utterly worthless.
But, sir, what is the case in regard 10 the
report Of the Committee? In that, there has
been adopted the principle Of the guarantee OF
rower. suppose the gentlemen OF what may
be called the 'rabid' school, and who contend
for the application Of ,hat principle through:
out, in the VOL kings of the government will
hardly complain Of US for having applied 1t In
regard to future acquisitions Of territory. II
We could not 60 all the way, | presume they
will at least congratulate us for having gone
that far. The principle is, that hereafter, no
new territory shalt be acquired, either by
Joint resolution or by treaty, except by the
concurrent vote Of q majority Of tho Senators
from the slave States aud the non .slaveholding
States. There is a complete protection in re-
gard 10 future ACQUISITIONS. No new territory,