The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1857-01-08

uiHerent States, where different institutions
prevail, settle upon it. They require law
tor the regulation of their society, and a
territorial government is given them. For
WHAT TO protect them from anarchy du.
ring their territorial condition.
The people Of all the States have nm
equal right with themselves to enter upon
the Territory, and are protected in their
persons and property by the Constitution Of
the United States which recognizes proper
ty in slaves; and yet my friend from Ten
nessee would permit majority of this ten
thousand tit may be one thousand) to ex-
clude, by territorial law, every slave owner
from the South, or impose condition OF
admittance contrary to his tastes, habits,
interests, and the spirit of the Constitution.
do not inquire into the authority of &C.
curing Territory. That is forcgone con.
clusion. We have it; and if, without con-
st'tutional authority, it comes as waif into
a corporation, by every principle of justice
and equity, it should be held for the com.
mon benefit of all the corporators, and not
for the exclusive benfit Of the few who
chance to stumble upon it.
Some OF our friends maintain that tho
common law protects property of every
description, and will protect it against the
local law of u Territory which may conflict
because of its assumed unconstitutionality.
But how does the common law get into a
Territory? The common law Of every land
was carried into all the States by express
statute. If no law can be found for The nc
QUESTION of Territory, it is absurd TO sup.
pose that amy law can be carried there by
virtue of the Constitution, except the laws
of Congress which are authorized and reg.
ulated by the Constitution. That clause of
the Constitution which provides for the
making OF "needfui rules and regulations
for tho Territories" must apply to Territory
acquired since its adoption, now that we
have them in possession; and the Consti-
tuition must authorize the making of such
local laws by tho Territorial Legislature as
may not conflict with its other provisions,
or the laws Of the country from which the
Territory :.as acquired would continue to
prevail. However intricate these questions
may be 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 10 protect the slave owners of Lou
!siana in their property in slaves, that
The inhabitants of the ccled territory
shall he Incorporated in the Union of the
United States, and admitted rs soon as
possible, according to the principles of the
Federal Constitution, to the enjoyment of
all the rights, advantages, and immunities
of citizens Of the United States and in
the mean time they shall he maintained
and protected in the free enjoyment of
their liberty, property, and the religion
which they profess"
Kansas is a part of the Louisiana pur-
chase; and in my view, the rights and i'll
tercsts Of the people Of the slave-owning
States arc protected by treaty, by the Con-
stitution, by the common law, aud by the
organic law of Congress, and that this pro-
lection is now and will continue perfect un.
til the people shall, in convention, make
constitution in which slavery shaI! be re-
jected, and Kansas, with that constitution,
admitted as State into the Union.
My colleague, Mr.. Orr, while he repudi.
ates what is called squatter sovereignty, and
denies that it is to be found in the Kansas
Nebraska act, yet holds that in reality it is
matter of no practical consequence
whether it is or not. In his speech the
other day, lie remarked as follows:
II say, although deny that squatter
sovereignty exists in the Territories of Kan
sas and Nebraska by virtue of this bill, it is
matter practically oflitte consequence
whether it does or not /; and think shall
DO able TO satisfy the gentleman of that
The gentleman knows tLat, in every slave
holding community of tLis Union, we
have local Legislation and local police regu-
lations appertaining to that institution,
without which the institution would not
only be valueless, but curse to the COM
munity. Without them the Shareholder
could not enforce his rights when invaded
by Others, and if you had holocsl legislation
lfor. the Purpose Of giving protection, the
institution would be of no value. /
can appeal to every gentleman upon
this floor WHO represents slaveholding
constituency, to attest the truth of what
have Stated upon that point.
!" Now, the legislative authority of a
Territory isinyested With q discretion to vote
for or against laws. We think they ought
to pass laws in every Territory, where the
Territory SIS open TO setslemeat, and slave
holders go:shere, ID sprosectsiaye property.
EBat Sc they ;dsclins % pas such laws, what