Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1857-01-07

Hs1-aG.aee.
: assumed unconslitulonaIitv. But how doe
J. the common. law get into.a Territory? Th
common law OF every land was carried into a
the. .States:by express statute II no law ca
be found for the acquisition -ofsterriyory, il
4 absurd 10 suppose tliatany law can be carrie
{ there by virtue Of the Constitution, except tn
laws OF Congress which are authorized AM
regulated by the Constitution. That clause o
the Constitution which provides for the making
,,.of needful rules and regulations for the Ter
rltores" must apply to territEy acquired sine,
4 It's adoption, now that "e have them in posses
sion; and the Constitution must authorize tn,
making Of such local laws by the Terri,ora
Legislature as may not conflict with its othe
provisions, or the laws of the country from
which the territory was acquired would continue
toprcvail. However intricate these question,
may be:in reference 10 territory conquered from
Mexico, no difficulty exists in regard to thai
purchased from France; for in the treaty Of
cessioh it was pr2Sided, aud witIla view to pro
tect the slave owners of Louisiana in their pro-
perty in slarcs, thai, : .
The inhabitants of the ceded territory shall
be Incorporated ntlle Union of the Unled
States and admitted as soon as possible, accord:
Ing to the principles of The Federal 'Constitu.
iion, to the enjoyment of all the rights, advan.
tages, and immunities of clizcns rdfylhe United
States; and in the mean time they shall be
maintained and protected in the free enjoyment
Of their Liberty, property, and the religion which
they profess"
Kansas is a part Of tue Louisiana purchase
and in my view, the rights and interests Of the
people of the save.owing States are protected
by treaty, by the Constitution, by the common
law, and by the organic law of Congress; aud
thai this protection is now and will continue
perfect until the people shall, in convention,
make 4 constitution in which slavery shall be
rejected, aud Kansas, with That constitution, ad-
milted as; Stale into Tie Union.
My colleague, [Mr. Orr, while he repudiates
Whatis iscalled squallrr sovereignty, and denies
tia! tits to be found insstie Kansas. Nebraska
act, ye. holds that in rcaityiL is a matter Of no
practical consequence whether it is. Or not In
,hfis'speech' the other day, he remarked aslol-
lows: :ss:S - d ~. -,
q :" say, although deny that squatter soyer-'
leignly exists in lie Territories :of Kau::as and
sNebrassks by virtue of lhisTyla, it is matter
practically Of little consequence whether. it
does orsnot;gand think Shall; 5;.bs able;to sal:
isiy the gentleman Of that The gentleman
knows that, in every .slageholding community
OF this sUlAon, We have local. legislation aud.
alpoliee regulations appertaining 10 that ins
slita!ioa5MilHoa. Rbivl, s:&6ald
Iigt enioiS hlsrights When 'fn"adet Gy
and if you had 10 local legislation for the pur-
pose of giving protection, The institution wouid
man upon this floor who represents slavehold.
ing constituency. to attest the truth of what |
have stated upon that point.
"Now, the legislative authority of Terrific
ry 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 shareholders go there,
TO protect slave property. But if they decline
to pass such laws, what is the remedy? None,
sir. Ii the majority Of the people are opposed
to the institution, and it they do not desire il
insralied npoa their Territory: all they have To
do il simply TO decline To pass laws il the Ter.
ritorial Legislature for lis protection, and then
il !, rs we'll cxcIadei us if the power wa. invest.
ed in ihe Territorial Legislature, and exercised
b. ;hrm, Ia prohb; it.. Now, ask the gentle
Tan, wha; is tie practical Importance t" result
from the aci.a!on and discu.aiun Of this question
~ 10 whether stinatler sovereignty does, or does
not exist Practically it is matter Of little
moment"
I'hc Ianguagc, Of M friend amounts 10 this;
Iha! pn!lic opinion is paramount TO law. i hat
lhcrs arc occasions when public opinion does
and should restrain the penalties Of the law, is
readily admitted, rs il also is that laws passed
bv the Representatives Of The people are usual
~ the reflex of publ. opinion. have already
:cniarkcd tat no specified number Of people
arc requisite for 81 territorial government; and
utterly repudatc the idea That The first few hun
lrrd slragyrrs who may enter upon terTltnry
should set up 10 be the m,nnIacturcs OF public
opinion, o. of Iaw, which may conflict with the
rni.s Of a citizen under the Constitution aud
so do understand my friend His position is,
that il Territorial Legislature fails to pass
lass protecting and regulating property in slaves.
there is no power to compel 1t 10 do so, ana
That, in the absence of such police regulations,
our slaves would not Only be valueess, but
curse to The community and il is ii this that
think my colleague crrs.
AS u citizen OF 81 sovereign State, have the
right TO pass with my property into any State
or Territory where the national flag Is rccog-
nizrd. II take MY slave into Il State where
public prejudice is against the institution, may
be robbed of my property and, although my
rimIll of property is intact, am powerlcss the
local law is avcrse 10 my detaiuing him. But
here am in 4 suverciahn Stale, and, though
eLhr State may be in open defiance of y eonslllu-
enactment of Congress. have rot the
Power to enforce it, nor do know where the
power is to be found.
As citizen Of Seulh Carolina, | 60 into a
Territory. however with goods, wares, and
merchandise and anterior to the passage by the
Territorial Legislature of Il law regulating the
distribution of estates, | die intestale. What
becomes of my property? II is certainly sub
iect 10 The statutes Of the States of which am
resident. So, if take my property in slaves
into Territory, which do under the Federal
Constitution, and the Territorial Legislature
haze failed to pass any law TO regulate, dispose
pf. or protect such property, then the local law
oi' the Slate of which AM n citizen will apply
, 10 such property, provided it does not conflict
with the Constitution ana the laws Of Congress
made under it,
presume that my colleague and myself will
coincide in tic opinion that the I Territorial Leg
islaturc has no authority 10 pass laws prohibit
! inc the Introduction Of slaves, or the mannmis
sion of them il in The Territory, and any laws
TO that effect would be void. The point of diff
ference between lis is. as to the effect of fail
nrc to make police regulations. lie gives virtue
to public opinion at too early period. and hi;
position would us etIcctually exclude the slave
owGcr with his property as that of those gentle