The independent press. (Abbeville C.H., S.C.) 1853-1860, 1857-01-16

cause Of its assumed unconstitutionality.
But how does the common law get into
4 State. The common law of every
land was carried into all the States by en-
press statute. If no law can be found for
the acquisition Of Territory, it is absurd 10
suppose that any can be carried there BY
virtue of the Constitution, except the laws
of Congress which are authorized and reg
ulatcd by the Constitution. That clause of
the Constitution which provides for the ma
king Of "needful rules and regulations for
the Territories" must apply TO Territory ac-
qn'rcd since its adoption, now that we have
them i'll possession and the Constitution
must authorize the making Of such local
laws by the Territorial Legislature as may
not conflict with its other provisions, or the
laws of the country from which the Terri
tory was acquired would continue to pre-
vail. However intricate these questions
may hc in reference TO Territory conquered
from Mexico, no difficulty exists in regard
to that purchased from France; for in the
treaty of cession it was provided, and with
view to protect the slave owners of Loui-
sianan in their property in slaves, that
''Ihc inhabitants Of the ceded Territory
shall he incorporated in the Union of the
United States, and admitted as soon as pos
sible, according to the principles of the
Federal Constitution, to the enjoyment Of
all the rights, advantages. md immunities
Of citizens of the Unit, ,taaes and in
the meantime they shall lie maintained and
protected in he free enjoyment Of their
liberty, proper j, and the religion which
they profess"
Kansas is part of the Louisiana pur-
chase and in my view, the rights and in
teress Of the people of the slave-owning
States are protected by treaty, by the Con
stitution, 10y the common law, and by the
organic law OF Congress, and that this pro-
lection is now and will continue perfect I'M.
till the people shall, in convention, make
constitution in which slavery shall be reject
cd, and Kansas, with that constitution, ad-
mitted AS a State into the Union.
My colleague, Mr.. Orr, while lie repudi-
ates what is called squattcr sovereignty, and
denies that it is TO he found in the Kansas
Nebraska act, yet hold that in reality it is
matter of no practical consequence wheth-
er it is or not. In his speech the other
day, he remarked as follows:
81 say, altough deny that squatter SOW
ereignty exists in the Territories of Kansas
and Nebraska by virtue of this bill, it is
matter practically Of little consequence
whether it does or not and think shall
he able to saiify the gentleman Of That
The gentleman knowns that, in every slave
holding community of this Union, we have
local Legislation and local policy regulations
appertaining to that institution, without
which the institution would not only be val
ueIess, but curse to the community. With
out them the Shareholder could not enforce
his rights when invaded by others and il
you had no local legislation for the purpose
Of giving protection, the institution would
be of no value. l can appeal to every gen.
tleman upon this floor who represents
slaveLolding constituency, to attest the truth
of what have stated upon that point.
"Now, tue legislative authority of Ter
rtory is invested with discretion to vote
for or against laws. We think they ought
to pass laws in every Territory, where the
Territory is open to settlement, and slave
holders 60 there, to protect slave property
But if they decline to pass such laws, what
is the remedy? None, sir. If the majority
of the people are opposed TO the Institution,
and if they do not desire it ingraftcd upon
their Territory, all they have to do is sim
ply to decline to pass laws in the Territorial
Legislature for its protection, and then it is
rs we'll excluded as if the power vested in
the Territorial Legislature, and exercised by
them, to prohibit it. Now, ask the gentle
man, what is the practical Importance to
result from the agitation and discussion Of
this question as to whether squaiter sover-
cignty does, or does not, existf Practically
it is matter Of little moment"
The language of my friend amounts to
this; that public opinion is paramount to
law. That there are occasions when public
opinion does and s}lonld retain the penalties
of the law, is readily admitted, as it also is
that law passed by tho representatives Of
the people arc usually the reflex of public
opinion. have already remarked that no
specified number Of people are requisite for
territorial government; and I utterly re-
pudiate the idea that the first few hundred
stragglcrs who may enter upon a territory
should set up TO be the manufactures of
public opinion, or of law, which may con-
fict with the rights Of n citizen under the
Constitution and so do understand my
friend. His position is, that, if Territorial
Legislature fails TO pass laws protecting and
regulating property in slaves, there is no
power to compel it to do so, and that, in
the absence Of such police regulations, our
slaves would not only be valueless, but curse
to the community; and it is in this that I
think my colleague errs. 8"
As citizen Of a sovereign State, have
the right to pass With my property into any
State or Territory where the national flag
is recognized. If take my slave into a
State where public prejudice is against the
institution, ! ma7 be robbed of my property,
and, although my right Of property Is intact,
/ am power1ess it the local law is averse to
my detsining him. But bre I am in a
sovereign State, and, though the State may
be in open defiance Of n constitutional en-.
sctment' Of Congress, I have not the power
TO enforce it, nor do know where the pow
or is TO be found. ~ G;T i&,1. sw :.
= AS a citizen 81 South CaroliDs, I 60 into:
q Territory. however With Gocfjsa wares and