Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-03-11
[Pronl Ia ClnclnnntL aa1a,,e. /

tFron the Cincinnati, Gazette
THE DRED ScoTT CASE It is fortunate for the
cause of freedom that such decision as the
Supreme Court has just rendered, was not made
in the early part of our history. Then it might
have done harm. Now it will do none. The
slave controversy is now removed beyOnd the
forum ofcourts 1t is before the tribunal of the
people and the world, and will be settled by the
public opinion of mankind. Before this con-
troversy came so decidedly. into the political
arena it might have set back the advance of
freedom and given a wrong direction to sopin-
ions. Now it is OfnomOmsnt The case is re-
moved. The Court has lost the veneration
which once attended its decisions, and on all
chinery of party. Such was theprcciSe object
in view, when such men as Daniels, and Grier,
and Nelson, were placed upon the Bench
Luckily, as We said, the time has gone by when
they can do mischief on this subject
The only part of the decision interesting to
us is contained in the following paragraph:
Second: That the Ordinance Of 1887 had no
independent constitutional force or legal effect
subsequently to the adoption Of the Constitu-
ton, and could not operate of ITSELF to confor
freedom OF citizenship within the Northwestern
Territory, upon negroes, not citizens by the
Constitution.
Substantially this oyersets some Of the set
44SS AOSl44icA VI LuG uPICL4S SOuTlS anu l!l0t
it does so we shall show in a few words. Il the
Ordinance had no effect subsequent to the adop-
tion of the Constitution, it could be solely on
the ground that n new confederation or compact
among the States (viz: the Constitution an
nulcd the acts of the confederation. The Or
dinance of 1877 was the act of a confederation
Of the sans States which made the Constitution.
The latter could have no power over former acts
whatever, except on the ground that the confe-
Iteration of States could repeal their OIpn HctS
When, therefore the Supreme Court of the Uni
ted States decide that Congress or Legisla-
ture, or confederation representing the same
parties can repeal its former grants of property
and rights, it oyerturns the whole theory Of
vested rights which it has been more than half
a century building up. We arc well aware that
the decisions on this. subject have been made
under the clause Of the Constitution prohibit
ing the States from violating contracts This
is true, but the principle is the same; and US
only moral power can be invoked in support of
the present decision, it must be tested on moral
grounds. These are the facts:
l. The Supreme Court have decided that
grant ofanything valuable, by a Legislative body,
is a contract.
@ The Ordinanceof1T 1877 is "a legislative grant,
both of property and personal rights, and there
fore, according to the Supreme Court u con-
tract
8. The Supreme Court now decides that a
second confederation (Which is legislative act
Of the same partie) repeats the former act Of the
same parties.
Its obvious this will not bear moral exami.
nation single moment. We shall read with
some interest the reasoning on the subject. 1t
will be ingenious and original. But, as no one
has been able to discover perpetual motion, so,
no one can, by any ingenuity of cords oyerturn
an established Jitct.
The truth is, the question before the Court
vas wholly political, and they have decided it
accordingly.
As to citizenship, the Constitution nowhere
defines it or touches it, and the States will de-
eide that matter for themselves
Fortunately, VIC repeat again, the time has
come when this decision is5ofno practical im-
pOrtance. The Ordinance Of 1887 has done its
great aud holy work. The States of the North.
west are beyond the power of slavery, and let
no man Imagine Cor an inst that they will ever
permit their soil to be the tramping. ground of
slaves. Ahundrcd decisions cannot effect it,
aud those who value that sort ofproperty will
he wise to keep them away. The suicide OF
slavery has begun, and such events as those in
Kansas, as the Nebraska Act, MS the bred Scott
case, will rapidly accelerate what might have
required much longer to accomplish.