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

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 should restrain the penalties
OF the law, is readily admitted, as it also is
that laws passed by the Representatives. Of
the people are usually the reflex Of public
opinion. have already remared that no
specified number of people are requisite
for territorial government; and I utterly
repudiate the idea that the first few hun
dred stragglers who may enter upon ter
rltory should set up to be the manufacturers
OF public opinion, or of law, which may
conflict with the rights of citizen under
tile Constitution ; and 80 do understand
my friend. His position is, that, if Ter.
r'torial Legislature fails to pass laws pro.
tecting and regulating property in slaves,
there is no power to compel it to do SO, and
that, iii the absence of such police rcgula-
tlons, our slaves would not only be value.
less, but curse to the community and
1t IS in this that think my colleague errs.
AS citizen Of sovereign State, have
the right to pass with my property into any
State or Territory where the national Aar
is recognized. If take my slave into
State where public prejudice is against the
institution, / may be robbed of my prop
erty, and, although my right of property is
| intact i al,
averse to my OBTAINING him. But here
am in sovereign State, aud, though the
State may be in open defiance of consti-
tutional enactment of Congress- have not
the power to enforce it, nor do 1 know
where the power is to he found.
AS citizen Of South Carolina, 90 into
a Territory, however, with goods, wares and
merchandise, and, anterior to tire passage
by the Territorial Legislature of law reg
ulatInS the distribution Of estates, die in
tcstate. What becomes of my property
1t is certainly subject to the statutes of the
State Of which l am resident. So, If
take my property i'll slaves into Territory,
which do under the Federal Constitution,
and the Territorial Legislature have failed
to pass amy law to regulate, dispose of, or
protect such property, then the local law of
the State OF which :ln citizen will ap-
ply to such property, provided it does not
conflict with the Constitution and the laws
of Congress made under it.
1prcsumc that my colleague and myself
will coincide in the opinion that the Terri
torial Legislature has no authority to pass
laws prohibiting the introduction Of slaves
or the manumission of them if in the Ter.
ritory, and any laws to that effect would be
void. The point Of difference between us
is, as to the effect of failure to make 10.
lice regulations. lie gives virtue to public
opinion at too early period, and his posi-
lion would as cffectuaIy exclude the slave
owner with his property, as that uf those
gentlemen who admit the right of Terri
torial Legislature to exclude. lie makes
the general opinion Of few strngglers
more cfiicacious than a territorial law. In
the name of public opinion, he prohibits
the free exercise of opinion; in truth, his |
position is the squatter sovereignty of opin-
ion.
When Kansas comes to us in the majesty
of sovereign, I will regard her opinion
not before. But it has been suggested that
the squatter sovereign doctrine will work as
we'll for the South as for the North, and
that the time may come when it will be to
our interest that the doctrine should pre-
vail. And thus we are cajoled into making
this j! it has not already become SOY u
Government Of expedicncy. For my own
part, prefer the Government of the Con-
stitution.
have alluded, sir, to these differences of
opinion and construction which exist be-
tween Democrats, rs elements of weakness
in the party organization. No good can
result from conccaling them, or harm from
alluding to them. The differences are no.
torious; and it is the part of wisdom and
Of patriotism to reconcile them at once and
for us all to occupy common ground,
which may be clearly defined and clearly
understood both at the North and the South.
lf'the advocates Of squatter sovereignty
persist in their construction of the Kansas.
Nebraska act, they will inevitably drive off
many of us from the South, who desire to
act in concert with them. Can they do
without uss No. Nor can we do without
them, and retain any party strength. We
believe that squatter sovereignty is as fatal
to US as the Wimot proviso /; and SO be-
lieying, it would be suicide 10 wink at it,
With them it is .:ot g matter of lie and
death. Many distinguished Northern gen.
tlemen give adhesion to the Southern con.
straction OF the act. Why, tLsn, should
1--we not all agree that Che Territory Of Kafs