Squatter sovereign., 1855-07-24

passed July 13, 1887, for the government
:" OF the Territory of the United States
Is north of the river Ohio: and the inhab.
''itants shall enjoy all and singular the
"rights, privileges and advantages granted
land secured to the people by the said or
"dinance," and the same powers were con-
ferred and duties enjoined upon its officers,
as had been exercised by the officers OF
the Northwestern Territory under said or
dinance.
By the act of 26th March, 1904, annex
ing the District of Louisiana TO Indiana
Territory, power was given to the Govern
or and Judges "to make all laws which
.they may deem conducive to the good
s' government of the inhabitants thereof
and it was also further provided, " that the
Judges shall possess the same jurIsdic-
'' ton they possess in the Indiana Terrific
"ry" This arrangement. however, was
of short duration; for in less than q year
the Territory of Louisiana was erected by
law which took effect on the fourth dav
of July following-and Congress then vest
ed the entire Legislative power in the Gov
ernor and Judges, securing trial by Jury
in all criminal prosecutions and in all civil
cases involving over one hundred dollars.
If demanded, and saving all laws previ-
ously in force in the district and not incon.
sistent with the act of Congress.
The act Of 1912, changing the name of
the Territory to Missouri, and taking ef-
feet on the first Monday of December fol-
lowing, provided for more efficient and
thorough organization and was much more
comprehensive in its details, vesting the
Legislative power in a general assembly,
but taking care to provide that the people
should " always be entitled to judicial pro.
ceedings according to the course of the
common law, and the laws and usages in
force In the Territory-and that the laws
and regulations in force in the Territory of
Louisiana at the date Of the act, and not
inconsistent Herewith, should continue in
force until changed by the Legislative AS.
sembly"
The act of Congress organising the Ter
ritory of Kansas does not alter the Con-
gressional legislation as left on the first
Monday of December, 1912, and its re-
suits through the Territorial Legislature,
except that it repeals all former laws rec
ognising prohibiting slavery, and applies
all laws of the United States not locally
| inapplicahle, by which we are to under.
stand all United States Statutes enacted for
other localities which are capable of being
transplanted and adapted to our Territory.
The legislatures of the Territories Of
Louisiana and Missouri enacted, of course,
many general laws, and among them is a
statute Of January 10, 1916. adopting for
the Territory of Missouri the common law
and the English statutes in aid thereof. pri.
or to the fourth year OF James the First,
with some qualifications.
From this summary. the length of which
has been unavoidable, it appears that the
laws Of the United States not inapplicable
to our locality-the laws Of the Territory
Of Indiana made between the 26th March.
1904. and the Sd March, 1905, enacted for
the District of Louisiana-the laws of the
Territory of Louisiana-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.
AS the common law to considerable ex-
tent was adopted for the Territory by Con-
gress as late as 1912, and by the Missouri
Legislature as late as 1916. and as it is
perhaps the most complete and comprehen-
sive system in the world, it has, without
doubt, superseded and supplied great
amount of the law previously existing. In
this mass of conflicting Legislation howev-
er. 1t will impose upon your courts much
embarrassment and trouble to decide the
questions of implied repeal which will con-
tinually arise, and I would therefore call
your attention to the necessity of curing
this evil by some legislation which will de-
clare distinctly which Of these previous laws
are in force and which are not
There are many specific subjects Of leg
islation. some Of which are expressly re-
ferred to you by the Bill organising our
Territory, and others spring from the ne
cessities of our community. Prominent
among them is the question whether we
shall build our government upon the basis
OF free or of slave labor. Claiming as we
do the same capacity for self-governmen,
as our fellow citizens Of the States, with a
far greater, if not an exclusive interest in
fha i.I,t;,s "A lssz- .x-Lirl,