The Kansas herald of freedom., 1855-02-17
whatare the Lawsof Kansas Tendtoryq

This seems to be question of great
speculation, and We think of actual inter.
est to the people of this Territory. The
organic law establishes courts and defines
their jurisdiction. 1t declares that the
constitution and all the laws of the Uni
ted States, which are not locally inapplica.
bic, shall have the same force and effect
in the said Territory of Kansas as else
where in the United States, except the
eighth section ofthe act preparatory to the
admission of Missouri into the Union, -
DC.
Then those acts of Congress which
punish crimes committed in the Territory
of the United States are in force there,
and all others of general character.
| But there are no acts of Congress that
provide for the collection of debts and
enforcement of contracts between man
and man, in any of the States or Terrific
ries, because it is beyond its province to
do so. Then in the absence of any ter
ritorial Legislation, what municipal law
is in force there? 1t is said by some that
the common law is in force there; if so,
let us inquire how and by what authority.
If this Territory formed part of the
territory our fore-fathers acquired by the
Revolution that achieved our independ-
ence, over which the government of Eng
land had control, then this argument
might be used with some plausibility,
from the fact that the common law was
established throughout that territory of
the thirteen colonies. by special colonial
legislation. The Territories of Kansas
and Nebraska formed a part of the Lou
isiana purchase: they have no connection
with the territory which We acquired from
England.
1t is unnecessary for our present pur-
pose to give history of the various laws
that governed this Territory during the
Spanish and French ownership; it viii
suffice to say, that at the time of its an
nexation to the United States, by the trea-
ty of cession, bearing date on the 5Oth
day of April, 1903, the civil code as mod
flied by the laws of France, with the col
onial regulations of Spain. was the only
law in force, and, according to settled
principle of international law, continued
in force until it was repealed by the new
power. Congress, on the 26th day ol
March, 1904, divided the province oi
Louisiana into two seperate and distinct
territories with line corresponding with
the SD deg. of north latitude. The terri
tory south of that line was called the
Territory of Orleans, and that north the
Territory of Louisiana. On the 4th day
of June, 1919, Congress passed an ac
recognizing the Territory Of Louisiana
and changed its name to that of Missouri
This Missouri Territory embraced all o.
the provinces of Louisiana north of the
SD deg. of north latitude, out of which
have been carved the States of Arkansas,
Missouri, Iowa, and the Territories Of
Kansas and Nebraska, partof Minnesota,
and what is called the Indian. Territory.
This last act of Congress gave to this
Missouri Territory, territorial govern
ment, which consisted of executive. iu-
dietary, and Legislative departments
The Legislature was vested with full pow
ers to legislate upon all subjects of a local
nature. whose acts, when sanctioned by
the Governor, became the law of the
whole Territory of Missouri. The Legis-
lature of this Territory passed law on
the 10Th day of January, 1916, by which
the common law of England, of a general
nature, and all the English statutes of a
general nature, prior to the fourth year OF
the reign of James l., were adopted as the
law of Missouri Territory, provided the
same was not repugnant to the constitu-
tion and laws of the United States and
the statutes of the Territory. Il was not
until the passage of this act that the civil
law ceased to be the groundwork of the
laws of this Territory. Now, it is self
evident fact, that if the common law was
adopted as the groundwork of the laws
of Missouri Territory, it extended over
what are now called the Territories OF
Kansas and Nebraska. because they cer-
tainly formed component part of the
Territory of Missouri. Then. If the laws
of Missouri Territory were virtually ex-
tended over the Territories of Kansas and
Nebraska, they still exist there, unless
they have been repealed by proper au:
thority. The question is, have they been
repesleds The act Of Congress defining