The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1859-04-21
xoN-INTEvENTIoN AND THE SOUTH CARROLL
MAN,

catches at every straw to save its sinking cause
1t still carefully avoids the practical question in
iss,le, and assumes for its premise the very mat.
ter in disPute. In the beginning it's positions
were broadly, that non intervention in the Ter
ritories to slavery by the Government at
Washington was the true policy under the Con-
stitution and for the South, and that present
statutory regulations were sufficient for its pro.
lection in them. With these We took issue, and
pointed to that one great fact on which all turn,
that since III. Mexican war. and under the ex,
istinr policy and laws sduery Mad practically beer,
excluded from all the Territories. organized and
unorgan,zed, and by force of al, anti-alaseryssn.
fi,nent and action which had defcd and vertu-
ally annulled the very Constitution. the very
statutory regulations, and the very officials
which the CaroDan relies In response to its
inquiry how it has begged the question. We
swer-in its studied iguoriug of that determine
five aud crushing fact II now, however, ad-
mits that .the Federal Government is obligated
under the Constitution TO over rulo whatever
territorial laws may conflict with the rights Of
personal property" Is no, this intervention p
And il would conceGe the whole argument did
not the Caronian modify it by urging that of
tllr three branches Of the Government, only the
judicial I'D executive should intervene. and that
the legislative should net. But # two. why not
the threel The admission Of the general prnci
pie and the obligation requi' es the entire cou
sistency; especially il :scl render necessary the
action Of the third, in oIde" to sustain the ober
two whi,h have proved inef l. mid 10 seonre
the Eoir. NOW admitted rv oar contemporary.
Hvr~ = ~" issue br,wr." Ills, which our cnnrcm.
pc-a;'' "val-S. aud il tnrus upon fnct to which
no shuts h,s eyes And It ,s his shutting his eyes
~ - nnd his npprei,ensiuns that the legislative
i::e.v"n,I"n will make the bad worse, which
We call lis "shiveIing policy"
J. relation 20 the executive and Judicial power
nnd m.ans TO reach the cases. the CnroIinian
quotes the Acts Of 1895 and 1887. They do not
provide for the caees federal, judicial Mibjets
l..C n lsO n ~ jnl an6o
estance to existing laws. But do they apply to
in"cti"n III 1t Territory, either in making laws to
protect slavery, or in enforcing the rights cf
the master7 Can the federal executive or Judi.
"iary intervene in al organized Territory, sub
stiute themselves for its local authorities, legis
lntive Judicial and executive, and make laws
or enforce protection 10 very. or compel those
h'cal functionares to do sol No. Hence the
necessity of Congressional terventom-hence
the crowning argument in its favor. 1t s, now,
not to put down INSTRUMENTATION under those
acts-apti-slavery has but to be silent aud mac
ttue, to prevent the extension of md protection
to slavery in Territory, but it is to provide
laws aud officials for Territory to give vitality
aud effect to tile vested rights OF Southern owners
which now is repudated, scorned, suporsedcd and
latent
How can appeal be taken by the master to
tho Supreme Court, if the territorial magistrates
and courts will not entertain jurisdiction or in-
uate Judicial proceedings in his behaII7
ernment cannot prevent Territorial Legislature
passing Act which will deter slave emgra.
tion and "can only prevent its enforcement"
How prevent, without Intervention. 1t can pro-
hibt in advance the passing of such an act
which would render it invalid, if passed. This
is a part of the Intervention we want Why
should it object to it. i'll face of the obligation it
now adn,itsl
Now for the statutory regulations As to tho
fugitive slave law. we might urge thn, Congress
had no right to pass one, but the obligation was
ON the respective States to enforce the Const,tu.
tion as to the rendition of slaves; that. ifit hus
the law only applies 10 the States; that in the
Territories the rendition Of q slave comes under
tho common and constitutional law, rs of other
property, and not under the fugitive slave act of
Congress; that the clause quoted from that act
was superogaiive, unless it only meant, which is
the mos, legal view, that the facilities 10 be
afforded by the Commissioners arc in simple
support Of the general law of property: that the
clause i'seIfisextra constitutional and lastly that
the fugitive slave law has practically become and
will remain nullity both in the States and Ter
ritories But Il this s not necessary to the real
argument, of which the Carolinian remains stu
dious!y incognizant. The right to carry slaves
to Territory, and the protection of that proper
ty when there, do not come under the fugitive
slave law. The slaves thus in possession re not
Jug't'Ues. That law applies only 10 slaves who
Themselves "escnp." from State into another
It does not apply to slaves stolen, or seduoed or
taken away openly, or illegally liberated, or
who rebel. within the limits Of Territory, any
more than it does i'll such cases within the limits
ofa State. The Intervention we claim is that
snch laws he provided by Congress to meet these
cases i'll II Territory, as have been provided by
the slave States respectively for their limits
This IS the legislative duty under the Constitu
tion insisted OIL Tho fugitive law does not pro-
vide for them, and there is 10 other laws7 Can
the Judiciary provide the laws1 Can either Of
them enforce what is not provided Yet the
CaSosn:a@ argues that their intervention under
existing statutory regulations will be and is snffi-
cientl Where are the statutes which applyf
The Constitution does. but what tina, document
without laws aud officials to enforce it7 What
proves for the South-a dead letter
1t, also, snys that no sovereig gnty exists in a
Territory, that squatter sovereignty is null and
c!np-trap, and the sovereignty is in the Federal
Government. Then, in the oI common
sense. why should 10, all the three branches of
That Government provide and concUrentlv
for the proper administration Of the Terriroryi
ls not Congress The vrry body and soul Of that
Government
We submit chat III" Cnrolinian. having bo.n
driven from its original nut aud Out Cnnaress,n.
al '.ot Intervention, now ,droitlv shift. its posi
ton eilc argument, and under the npp.arnncc of
AL o: Giisa! c,isisrmry, now talks of and admits
"Fel-ral Ghvernment' inicrv ention, but ur.
gcs tint that Intervention has cen sufficient and
iii fno" of the TACT that every Territory has he en-
;nken from the South by the anti slavery cru.
sa6e
No sateman Of any party. from Douglas and
Seward to Blown. OF Mississippi, holds with the
Gar"Iinian. that present legal federal in.erven.
'ion s sufficient 10 carry slavery to Territory
aud protect it. Hence the fist two repudia,e
such sufficient Congressional intervention and
tho latter insists upon it-Charlsston Eusning
Neps
dfTs Sieklrs' Confession Ruied Om--W ASH.
MOTION, April l3.--Mr. Carlisle answ cred, today,
the positions Of Messra. Graham and Brady.
who yesterday offered in evidences the statement
of Mrs. Sickles. Mr.. Carlisle contended that
the evidence was only admissible under an allie.
cation of absolute insanity. He said that when
ever the defeuoe put in such plea, the prosecution
was ready to meet it lie objected to Mrs
Sickles' statement, first because it is lbe work
of the prisoners wife, done in his presence. Az