Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1850-05-31
TEE GREAT QUESTION.

Mr.. SoULE of Louisiana, has made great
speech in the senate, remarkable for the ability
with which It argues the question Of the effect
and consequence of conquest or annexation up
on the legal and political systems of a conquer
ed or purchased territory.
The argument is the same advanced by Mr..
Berrien-that though the local law of a conquer
ed territory prevails till repealed, the public law
does not; doctrine undoubtedly trne to to GER
tain extent, however false the tppll alton which
Southern jursts wish to make of il.
1t is absurd to suppose that the governmental
systems of a territory after conquest subsst
and are not at all modified by the institutions of
the dominant power, operating by the mere act
of possession. MOnarchical institutions fall
when parts of lingdoms are annexed to repub-
lies. Laws OF descent to some extent change
Church and State systems become modified
Custom House regulations, of course, ARE mop
erstive; and that class of restrictive regulations
which discriminate against the equal rights OF
strangers--of the conquerrr especaly-to com
merclal privileges, or civil rights, are, of course
without force
The two doctrines advanced, and often times
coupled, by men Of legal reputalion-frst that
the legal system Of a conquered territory remains
an SiGiu quo: and second, that the people of the
territory have alone the right egislate for their
own government-conflicts with the very idea of
conquest
An invading army would take very little by its
motion il, after sUbduing territory aud secur.
ing piece, itself and its requirements were left
to the mercy of its recent antagonists. The doc
trlne, to the extent in which it is asserted is par
adoxical.
But to what extent governmental institutions
are set aside by the mere act of conquest is a
question not easily determinabe The Senator
from 1 Ca, tb,,., 8
the laws prohibiting burial rights to professionals
and the laws aboishing slavery, as repealed,
throughout the territory came within the opera
uon of our constitution.
Its sufficient to know that such doctrines are
advanced, to feel the necessity of positive IeUis-
laton on the part of Congress, to maintain the
freedom OF the territories. Whatever NAV be
tbs conclusions of pure logic or of law ia the
abstract, the danger OF slave-extension is actual
aud real aud imminent. There is no power 10
prevent save-lmigration. Granting that the Fed
eral Courts would decide that the legal system of
MaXlCo-whch was never in operation upon the
greater party ofthe intry, simply because tn re
no civilized communities in it--does be-
come operative upon the Colonies founded bv an
alien people-there is no means of getting the
question before them. Practically, the subject
would be kept without the jurisdiction of the
Courts till long after the character of the new
territories in respect to slavery or freedom, was
fixed.
1t is for this reson that the JefItrsonan proviso
So far from b'ing useless abstraction, is mat
ter of necessity. tits required by every consd-
Grafton Of eXpediency, not only for the sake of
the Territories whose interests it vitality affects
bnt for the peace and security OF the union which
can bo best maintained by it.
ALBANY Atlas