The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-09-19
For he MississiPpian.
A Congressional Slave Code.

II mistake not, at the time Of the Confeds
Grafton of the States, some Of the States had
extensive territories outside Of their present
territorial limits, while other States had none.
The Jaws Of che States claiming these terrific
ries were in force in these territories when
there was population to call them into practi-
cal operation.
In-the Constitution Of the United States no
provision is made for Territories of the United
States or for-the acquisition Of Territories,
and Mr.. Jefferson doubted the constitutional
power to acquire Louisiana by treaty. But by
the law Of nations, sovereign States could sc-
quire territory by treaty or otherwise, and the
treaty making power and the war power had
been conferred on Congress, and the Federal
GoyerHhent could acquire territory for the
sovereign States, but not for the Federal Gov
ernme1t; for sovereignty is not in Govern
ments, but in the people ofths States. When
territofy was acquired, it therefore was the
territdry of all the confederated sovereign
StatesA and the laws Of these States went into
. the Territory, il uninhabited and without
laws, or If barbarian. For by the law Of ma
tions, where one or more States or kingdoms
acquire Territory, if without laws or barbarian,
it passes under the dominion of the laws Of
the dominant kingdom or Kingdoms, State or
States otherwise the Territory would remain
lawless. a3.44 se
The Federal Government has only limited
and defined authority. 1t has not sovereign.
ty, but IS the mere agent of sovereigns, author
lied to make treaties and to make war, and
to exercise other delegated powers for confed-
Grated soyereigns; and l again repeat that Il
acquires new territory not for ITSELF for there
is no authority in the Constitution to enable
it to acquire or to hold territory but for the
sovereign States. When, therefore, territory
is acquired, it becomes the common property
Of all the sovereign States, and all their laws
GO there which are needfuI to government.
and donot conflict with each other (Eor two
opposing forces that are equal, become nucato-
ry,) and are by imperious necessity the law
of the Territory, or it would be lawless. It
is optional with the citizens Of each State 10
80 there, and TO take their property there, in
right of common property Of the sovereign
States. 1t is imperative that the laws Of each
State go there, to protect the lives and prop
erty ofsuch citizens as do go there. Tho laws
of all the States protect property generally,
aud therefore all property Is protected, The
laws of the slave owning States specially pro-
tect slaves, and they go there with AdditiouaI
Superadded protection. But the laws Of the
Tree States forbid slavery, and, II may be con-
tended. are Of equal force with the laws of the
slave States The power Of sovereign TO de-
stroy property and to override the rights Of
the citizen sovereign can only be admissible
where sovereignty is exclusive. or all the SOW
ereigns concur, IL q confederation of sover-
eighties. The laws Of the free States cannot
destroy property of confederate slave State
Of equal sovereignty. They arenot 50 far as
they destroy property Of equal iOrce in q Ter
ritory common to all the States. They, there
fore, become null and void 70 this extent, and
cannot abolish property in slaves. While the
laws of the slave States accord with the uni
yersal policy and duty Of all governments to
protect property, and are IN accord with the
laws of the free States for the protection o
property. Congress or the Federal Govern.
ment has no slave code, has no authority 4
pass a'slave code, and it would be dangerou,
TO the slave States to allow the Federal Gov
ernment to usurp this power. For there i
now growing ascendency Of numbers from
the free States and if they were allowed I,
| usurp tho power Of legislating on slavery. the
1 would do so adversely 70 the slave owner.
4 A SLAvE-OWNER.
/ Anchuca, August. 1860.