Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1858-10-06
: The Standard.
rfeom the Washington Union,]
RIGHTS AND REMEDIES OF SOUTHERN
CITIZENS IN THE TERRITORIES.

RIGHTS AND REMEDIES OF SOOIhEhN
CITIZENS IN THE TERRITORIES.
W. have not met with paragraphs for some time
that express our views more clearly, or that mees
the Struggling objections which begin to get abroad
1t the South against the Nebraska Kansas Dill more
fully than those We copy below.
that eIsuse Of the bill known as the Badger amenG
ment which provides that nothing in the bill snail
hs s construed as to revive any laws in force prior
to 1890 in the territories north Of 86 deg ~ nm,
snrotectne. establishing prohibiting, or excluding
olavery"-complaints which are based upon the o.
iectse that the old Spanish laws favorable TO slave
~ there are not revived by the clause repeating the
Missouri Prohibition, which last in effect abolished
them--do not seem to US to be very we'll founded;
or. If we'll founded do not seem to US to have much
force The old Spanish laws, whatever they were,
we're not repealed in terms, by the Missouri Fro.
hibition but were only repealed in effect while that
Prohibition was supposed to be valid When it Tell
under the bred Scott decision the old Spanish laws.
20 &r q the Prohibition had affected them, resumed
Ill the vitality they ever had for while the Nebras'
kaiKansas bill cid not profess to revive them or 10
'1egislste slavery into the Territories, neither dio
Il purport to prevent their revival or to legsate
slevsry out Of the Territories" That bill neither
did the one thing nor the other, but left the question
"a to the revival revival of those old laws en-
srsly unaffected by any thing in itself contained;
and thus inasmuch as the Missouri Prohibition has
been decided by the Supreme Court to have been
from the first unconstitutional, null and vo'd, II
never operated and never could have operated to
repesl those laws. IT. therefore, those laws have
never been repealed in any other manner they are
certainly not repealed by the unconstitutional null
and void Missouri Prohibition; and, as nothing IN
the Nebraska.K bill is to be construed as re-
WING or preventing the revival Of the old Spanish
laws those laws SO far this bill is concerned are
precisely in statu quo ante the Missouri enactment
The objection that the Badger amendment pre-
vents the revival Of the Spanish Jaws is therefore,
net well founded But even if it were, and II those
old laws still dead lying lifeess in their graves
by the operation of the Nebraska Kansas BILL SILL,
We do not see that the rights of the southern people
in the Territories are much the worse OH tor the
fact We are inclined to think those old laws are
myths at best, and that they have occupied much
larger space in the imagnations of politicians than
they have ever done in the statutes and codes OF
the old Spanish territories. At all events, we think
the rights of southern citizens in the Territories are
much more safely protected under the segis OF the
constitution than they would be under the forgotten
legislation of an ancient and alien jurisdiction. The
Supreme Court Of the United States find an ample
protection for those rights in the constitution OF the
Union and, for ourselves, We think it much safer
for those rights that that august tribunal should ind
them there than that it should have to seek for
them in thOobsolete statute books of defunct gov
ernnent and of foreign language.
This court has declared that the right of property
in slaves and the right to protection for this prop
erty from the laws and courts exists. The Nebras-
kaKansasN bill gives the shareholders the right of
immediate appeal to the Supreme Court of the Uni
ted States upon all conceivable questions affecting
the right of property in slaves that can arise in the
LOCAL courts of the Territories. These local courts
are constituted Of judges appointed by the President
Of the United States, national officer who will al
ways we trust, be the elect of a national party and
who is bound by his oath of Office to support the
constitution of the United States which guarantees
the rights Of southern citizens in the Territories.
We think therefore, that there s full protection
Of Law for slave property in the Territories, even
where q majority Of the residents may happen to be
unfavorable to it; and we are glad to be confirmed
in this position by thorough southern journal as
the Charleston Mercury, from which We copy the
following able article:
The bred Scott decision determined that the
southern people had q right to cooniZe our Terrific
res with their slaves and that their slaves, like any
other property, were entitled to protection in our
Territories
But it has been said slave property, to exist as
property in Territory, requires special legislation
by territorial legislature. If therefore, terrific
rial legislature, being, by majority, abolitionsts
should not think proper to pass the special laws
necessary for the protection of slavery, it must ex'
pire.
The answer to this position is very simple. 1t is
based on false assumption of fact: 1t is not nee.
essary for the existence of slavery in a Territory
that there should be special laws passed for its pro-
lection. Slaves are property just as any other sub
ject of property. The courts of the United States
in Territory have only to administer the la" pro.
tecting all other property in their application to
slaxss, and the grotection will be sufficient. For
flor it is not necessary that there should be express
statutes in Territory declaring horse soateh
to be property] Let the same law be applied to
stealing slave. 1t is criminal offence to beat
cruelty or to kill wantonly any animal. Let the
same law be applied to the protection of the slave.
II man keeps and uses his neighbours animals. he
is amenable to damages, and So would he be in
harboring slave. All the judges of Territory
are appointed by the President of the United States
by and with the consent of the Senate, and not by
the people or the legislature of Territory. If .
territorial legislature should pass laws prohibiting
or abolishing slavery in Territory, the courts in q
Territory would declare them void If they should
pass laws declaring that the laws protecting all 9th.
er kinds Of property should not protect slavery,
they would be set aside by the judiciary. As long
as Territory is Territory, slavery, under the con.
sttution of the United States must be protected
property, and the courts of the Territory, under
the appointment and control of the head Of the fed
eral government must enforce the protection, if the
decree Of the Supreme Court of the United States
is enforced When territorial government is Or
gained in Territory, all the principles of the
common law are either put in force by the act
tug the government of q Territory, or they enter
the Territory with our citizens propria pigore and
thus our citizens enter Territory with ali the guar.
Antses for the protection of persons and property
which they enjoyed in the States. These are amply
sufficient for the protection Of slavery; and all ar.
gumsnts going to show the omnpotence of squatter
soveregnty either by action or action over sa
very in Territory, are false
The Ashsslle Male Academy building is neat
brick structure two stories hgb and though not as
1srge - It win be when two wings are added to it
it Is amply large to accommodate over one hundred
students The first session Of this institution open.
ed on the 9th ultimo, under encouraging auspices
E. Prents Tucke, Esq, is the Principal of this in
stuton, and we are highly pleased to learn that ht
Is . gentleman in every way qualified for the impor
tant and responsible position he occupies. He ha,
given satisfactory evidence Of his thorough qualica
6on for the moral and mental culture of vouth anf