The Kansas herald of freedom., 1855-07-14

following, provided far a more etflcieH
land thorough organization. and vas muel
more comprehensive in rs details, vest
sssg the legislative power in a Genera
1 Assembly. but taking care to provide tila
the people should always be entitled t
judicial proceedings according to th'
s.course of the common law, and the law
'.and usages in force in the Territory
s'and that the laws and regulations ii
'.force in the Territory of Louisiana a
..the date Of the act, and not inconsis
.stem Herewith, should continue in fore,
'suntil changed by the Legislative AS
.ssembly."
The act of Congress organizing th,
Territory Of Kansas does not alter Con
gressional legislation as left on the frs
Monday of December, 1919, and its re
suits through the Territorial Legislature
except that it repeals all former laws re
eognized prohibiting slavery, and ap
plies all laws Of the United States no
locally inappiicab!e, by which we are e
understand all United States statutes en-
acted for other localities which are eapa
bic of being transplanted ndadapted t
our Territory.
The legislatures of tho Territories Q
Louisiana and Missourienacted of feourst
many general laws, and among them i
statute of January II, 1916, adopting
for the Territory OF Missourithe common
law and the English statutes in aid there
of, prior to the fourth year of James the
First, with some qualifications.
From this summary, the length o.
which has been unavoidable, it appears
that the laws of the United Sta.es, no
inapplicable to our locality; the laws O
the Territory of Indiana, made between
the Goth March, 1904, and the Sd March,
1865, enacted for the District of Louisi.
ana; the laws for the Territory of Louisi.
ana the laws of the Territory of Missouri
the common law, and the law of the
Province of Louisiana at the time of the
cession, except so far as the latter have
superseded the former, still remain In
force IN the Territory. of Kansas. A.
the common law, to aconsiderablee extent
was adopted for the Territory by Con
gress as late-as 1919, and By the Missouri
Legislature as late as 1916, and as it is
perhaps, the most complete and compre
hensiYe system in the world it las
without doubt, suspended and supplied
a great amount of the law previously ex
isting. In this mass of conflicting legis,
lasion, however, it will imposeuponyoui
courts much embarrassment and trouble
to decide upon the questions of implied
repeal which will eventually arise, and
would therefore call your attention to the
necessity of curing this evil by some
Legislation which shall declare distinctly
which of those previous laws are in force
aud which are not.
There are many specific subjects o
legislation, some of which are expressly
referred to you by the bill organizing oul
Territory, and others spring from the
necessities of our community. Premi
nent among them is the question wheth
er we shall build our government upof
the basis of free or of slave labor. Claim
ing as we do the same capacity for self
government as our fellow citizens of til,
States, with far greater, if not exelu
siye interest in the institutions and law,
which are to exist among US, compelIei
alone to bear their burdens, and entitled
alone to claim their benefit, wisdom, Jus
tice and fairness, would dictate that thosc
laws and institutions, inside of the Con
stitution of the United States, should b
moulded by ourselves, stimulated by tht
absorbing interest We must feel in them
rather than by the representatives, or cit
liens other of States, whoare no more com
petent to the task than we, who have nt
stake with US in their results, and VIII.
would most Indignantly repel any offe
of reciprocity from US in assisting t.
manage their affairs. This provision O
our Territorial organic act reserves u
this right, and is founded in the tru,
doctrine of republicanism. 1t may b,
exercised in various degrees and in vari
Gus ways; and whenever it is called int
action, it cannot legitimately be attended
with that excitement which is inciden
TO the agitation of the slavery question
in the direction of an attack upon Con
stitutional rights An agitation of tha
kind, such as we have seen industriouslJ
prosecuted in the past history of oul
country by the destructive spirit of abo
litionism, can never be productive o
aught but evil and is calculated, in al
eminent degree, to obscure the glories O
the past, to awake the foulest spirit O
diseord among the citizens of our com;
mon country, and also TO mar, our bril-
liant future, if MOTTO endanger the exis
tence of our cherished Union. A wan
of fidelity to the solemn compaets of the
Constitution, and an attack upon the
rights of States which are guaranteed by
it, can have no justification or excuse
This view of the case, however, is not tc
be eonfounded with the discussion land
settlement of the slavery question in oul
Territory in its bearings upon the forma
ton of eur institutions.
That has been referred to usasan opef
question by the legitimate action of ths
Nation. and here it is not only the prisi
lege, but the duty, ofeyery man to sPeal
his opinions freely and enforce them
peaceably and fairly. Advocate and .op-
ponent stand on the same ground, and
must mutually concede to each other tbs
identical measure of right they claim fol
themselves. Freedom of opinion and
freedom of discussion, without heentious
ness, are of the very essence OF republi
canism at all times. and peculiarly 10 be
respected here. The personal character
and high authority of a State Constitu
ton, and the fact of its submission to Z
direct vote of the people of the Territory
indicate chat event as signal occasion
for the discussion of that peculiar ques.
ton. In the meantime, however, Ter.
riterial le 5islalure may undoubtedly acl
upon the question to a limited and par
tial extent, and may temporarily prohibit.
tolerate, or regulate slavery in the Terri.
tory, and in an absolute or modified
form with all the force and effect of any
other IepisIative act. binding until repeaI-