Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-08-20
JUDGE wARDEN's LETTER.
THE NEW CREED OF THE DEMOCRAT.
PARTY"


The Democratic Party. 10 Convention, last
Thursday, not only indOrsed the Dred Scott De-
cision, but declared the Concurrence Of the Su.
Prsme Court Of the UOited States in The doe
trines with regard 10 the constitutional Powers
and POlicical Rights Of the States and Territories
which have been maintained by the Democratic
party" The fourth and fifth resolutions are in
these words:
a. RssOlued, That the great doctrine of
popular sovereignty first proclaimed to the world
Ds'..u:vs is6,pmisSSv- ssissu;sa =
by Mr. Jefferson IN bis resolves Of t17s4.-indOr-
sed by The KaDsas and Nebraska Act, and reaf
frmed in the Cincinnati platform, II fairly carried
out, will rid the country alike Of Northern and
Southern fauaticism, and fixes ia perpetuisy the
existence Of our glorious Union.
S. RssOlued That while we look to no au-
tbority but reason for our political opinions, we
deem it proper to express deep qualification at
the occurrence of the Supreme Court of the Uni
ted States in the doctrines with regard To the Con.
stitutiOua Powers and Political Rights of the
States aud Territories which have been maintained
by the Democratic Party and formerly aVowed by
il in three National Conventions"
The National Convention of June, 1856, "rtc-
ognized' and "adOpted" the principles contained
in the organic laws, establishing the Territories of
Kansas and Nebraska, as embodying the only
sound and safe solution of the slavery question:
upon which the great National idea Of the people
Of this whole country can Fepose 10 its determined
conservatism of the Union non.interferepee by
Congress with slavery in State and Territory, or
in the District of Columbia"
The principles in the Organic Laws establish
ing the Territories Of Kansas and Nebraska, were
summed up in the organic Act as follows, ut
being the true intent and meaning Of this act, moi
to legislate slavery into any State or Territory,
nor to exclude it therefrOm but to leave the peO.
pie thereof perfectly free to form and regulate
their domestic institutions in their own way, sub.
iect only to tue Constitution Of the United
} States"
: When the Kansas act was passed, It was ex
iplained by all the oaces of the Democratic par
ty at the North as coufeing on the squatters The
settlers in Kansas through a Territorial Legis
lature, full power to allow or prohibit the intro
2 ducton of slavery: every Northern Democratic
press, every Northern Democratic orator. insisting
that no slave could be held in Kansas except uu-
der direct and express leg islatiou in the Terrific
ry. But now it seems, Athe doctrines with re.
d gard to the Constitutional Powers aud Political
r Rights Of the States aud Territories" pronoun.
ced by the Supreme Court Of the United States
5 rconcur" with those @which have been maintained
by the Democratic party, aud formally avowed
by 1t in three National Conventions"
4 IT. then, we would know the real meaning o.
the language cited from the Kansas Act. and tht
real meaning of the recognition" and adoption
of its aprincples" by the June Convention in ls5E
at Cincinnati, we have only to read the following
sentences from the syllabus in the Dred Scot
= case: t.
, 8. The United States, under the present Con
sttuton, cannot acquire territory to be held as a
= colony to be governed at its will and pleasure
e But it may acquire territory which, at the time
has not population that fits il to become State
and may govern It as Territory until il has q
population which, in the judgment of Congress,
entities it to be admitted as State Of the
Union.
! 4. During the time it remains a Territory
n Congress may legislate over It within the scope o
its constitutional powers in relation to citizens oil
the United Staes--aud may establish Terrific
rial Government-and the form Of this local Gov
crument must be regulated by the discretion o.
Congress--but with powers not exceeding those
which Congress itsek, by the Constitution, is au'
authorized TO exercise over citizens of the United
States, in respect to their rights Of persons ol
2 rights Of property.
I v ".
$ /. The Territory thus acquired, is acquired BY
the people Of the United States for their common
and equal benefit, through their agent and trustee
{ the Federal Government. Congress can exercise
{ no power over the rights of persons or property
: Of citizen 10 the Territory which is prohibited
BY the Constitution. The Government and The
citizens, whenever the Territory is open to tbt
settlement, both enter it with their respective
rights defined and limited by the Constitution.
: Q. Congress have no right to prohibit the cit
/ liens Of any particular State or States from ia
/ king up their home there, while it permits cti
: Gems Of other States to do so. Nor has i righ
to give privileges to one class of citizens which
6 refuses another. The Territory is acquired fo
: their equal AID common bsneHt--and if open t.
: any, it must be open to all upon equal aud th'