The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1862-09-13

ermont, we, on our part, must Obtain Dy
the conquest of South Carolina
Now what rights would the VermontersI
suppose themselves to retain, or to have
accrued to them, were they subjugated by
the armies of jeff. Davis? Surely, they
would not think of carrying round the Con-
stitution of the United States in their coat
pockets, that they might look there to find
out where the victors were exceeding their
authority Nor do imagine they would
be anxious to find copies of the Confederate
Constitution, to explore its provisions for
rights reserved in their favor. "What
have we to do they would say, 'with a
compact into which we have never enter
ed 90
What has South Carolina to do with a
compact which it has rescindsd2 Is it con
ceivable that the Vermonters would mag
inc themselves as having any option of say
ing to the Confederate Government: "We,
on the whole, being subdued now, propose
to conquer our prejudices; welcome into your
theory that slavery is the only safe founda-
ton for political freedom; and we desire to
elect couple of Senators and FIVE Repre-
sentatves to your Congress, to concert
measures with you for our common coun-
try"
" al, ID . dlteI, OeIuS Teput0u GU dl
between two enemies, whatever is permitted
to one in virtue of the GATE of war, is also
permitted to the other" If, therefore, the
can doubt it Pin repelling any proffer of
this kind from the people or government of
Vermont, we, on our part, are fully war
ranted in declining any similar proposition
that may be presented by, or in behalf of,
on Of tho coDouarad Sfofae TT6o., Mill poy
er make it; but there is party who are
every day insisting that it is our duty to give
them, without asking, what it would seem
such patent impudence in them to ask
Nothing can be better settled than that
when, in the prosecution of hostlities, a
country has fallen into the possession and
control of conqueror, it rests in his abso-
Lutte discretion how much or how little he
may allow to subsist in force of its former
laws and institutions. The old laws remain,
or the laws of the conquering nation are
substituted at the mere will and pleasure of
the conqueror; and no formal act of legisla-
ton is necessary.
1t was decided in England land the deci
sion was approved by Chancellor Walworth
of New York that the laws of England
were adopted and in full force at Gibraltar,
simply because it was conquered from Spain
by England. Chancellor Walworth refers
to it as well known fact, that upon the
taking possession of Louisiana by the Span
iards, in 1863, Count O'Reily, the new
Governor, acting in the name of the Span
ish King, did, by simple proclamation,
abolish not only the form of Government
of the colony, but the whole code Of. the
French law, the customs of Paris, and the
ordinances of that kingdom which had here
tofore subsisted, and substituted the Span
ish law In their stead; Immediately after
which the ancient French Laws ceased to
subsist IN that province, and the laws of
Spain became the legal rule, both as to
persons and property; and they so contin-
ued until after the cession of Louisiana, in
1908, and are still the iaaUs Of the States or
iginally embraced Within the limits Of that
Colony, except they have been changed
by subsequent legislation.
Kansas was part of what the French
called Louisiana, and it is by no means i'm
possible that it may be found necessary,
yet, to hunt up the proclamation of Count
O'Reilly, and to study the Spanish law that
it put in force, to find what the rule is in
some case that may have escaped legislation.
Thank Heaven, that in the midst of this
Spanish law, of which we know so little,
there is one that prohibits the treating as
slave Of anybody except heathen, and Sc
cures pardon to all who profess to believe
in Christ. 1t was this principle of Span
ish law which forbade slavery in Texas,
while it was attached to Mexico, and made
the revolution necessary in the eyes OF the
South, by which Texas was arrested from
the benign influence of this Catholic doc
trine that Protestants might enslave their
fellow Christians.
The extent of this war power in respect
to conquered territory, has been consid
cred by the Supreme Court of the United
States, in respect to California, where Com
modore Montgomery at once established a
tariff of duties on imposts, without the au-
thority of Congress or any other sanction
than the fact that he was at the head of the
fleet which had subdued the country, and
had got the government upon his hands.
said no other sanction than his character
as commander of the fleet, but in point Of
fact he had the sanction of the United
States, and of James Buchanan, then Secre
tary of State. He was directed to establish
civil Government for California, and to
prescribe the condition on which American
and foreign vessels might enter its ports,
and to regulate the import duties. This
was done, and the government was after
wards administered by e. B. Mason, sign
| ing himself ''Colouel of the st Dragons.
and Governor Of California and H. W.
/ HALLEcK (now commander in chief Of The
army, signing himself Lieutenant of
| Engineers, and Secretary of State for the
| Territory OF California After the treaty
| of peace, the Governor continued to collect