Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-08-20
THE NEW CREED
OF THE
DEMOCRATIC PARTY.
LETTER OF JUDGE WARDEN.

| ne democratic FartE, In ConVentlon
last Thursday, not only Endorsed the Dire
Scott decision, but declared the sconcur
renee of the Supreme Court of the Unitet
States, in the doctrines with regard to th
Constitutional Powers and Political Right
of the States and Territories. which hav,
been maintained by the Democratic party
The fourth and fifth resolutions are in thes,
words:
~. Resolued, That the great doctrine o
popular sovereignty first proclaimed to the
world in the Declaration of independence
reiterated by Mr.. Jefferson in his resolve:
of I7S4,-indorsed by the Kansas-Nebraska
Act, and reaffirmed in the Cincinnati Plat
form, if fairly carried out, will rid the coun.
! try alike of Northern and Southern fanati
cism, and fxs in perpetuity the existencs
of our glorious Union.
"5 Resolued. That while we look to NJ
authority but reason for our political opin.
ions, we deem it proper to express deep
qualification at the concurrence OF the Su-
preme Court of the United States in the
doctrines withsregard to the Constitutional
Powers and Political Rights of the States
and Territ cries, which have been maintain
ed by the Democratic Party and formally
avoweI by it in three National Conven-
tions'
The National Convention of June, 1856,
"recognized" and "adopted" the "prnciples
contained in the organic laws, establishing
the territories of Kansas and Nebraska, as
embodyi ing the only sound and safe solution
of the slavery question: upon which the
great National idea of the people of this
whole country can reposevin its determined
conservatism of the Union-non-interfer-
ence by Congress with slavery in State and
Territory, or in the District of Columbia. -
The "principles" in the Organic Laws
! establishing the Territories of Kansas and
Nebraska, were summed up in the Organic
Act as follows. at being the true intent
and meaning of this act, not to legislate
slavery into any State or Territory, nor to
exc clude it therefrom, but to leave the peo-
pie thereof perfectly free to form and regu-
late their dc mestic institutions in their own
way, subject only TO the Constitution of the
United States"
When the Kansas Act was passed, it was
explained by all the oracles of The Demo-
cratic party al the North as ccnferring on
the squatters. the settlers in Kansas, through
a Territorial Legislature, full power to al
low or to prohibit the introduction of slave
ry; every Northern Democratic press, every
Northern Democratic orator, insisting, that
no slave could be held in Kansas except
under direct and express legislation in the
Territory. But now it seems "tbe doctrines
with regard to the Constitutional Powers
and Political Rights of the States and Ter
ritories," pronounced by the Supreme Court
of the United States, concur with those
switch have been maintained by the Dem
ocratic party, and formally avowed by it in
three National Conventions"
'lf, then, we would know the real mean
ing Of the language cired from the Kansas
Act, and the real meaning of the 'recogni-
ton and adoptiCn,' of its principles by the
June Convention In 1856, at Cincinnati,we
have only TO read the following sentences
from the syllabus in the !Dred Scott case.
"3. The United States, under the present
Constitution, cannotGcquire territory to be
held as a colony, to be governed at its will
and pleasure. But it may scquire territory
which, at the time, has not population
that fits it to become State, and may gov
ern it as Territory until it has popula-
tion which, in the judgement of Congress,
entities it to be admitted as State into the
Union.
~. Dur .ng the time itsremains a Terri
tory, Congress may legisiate over it within
the scope of its constitutional powers in re-
iation to citizens of the United States and
may establish Territorial Government
and the form of this local Government must
be regulated by the discretion of Congress,
but with powers not exceeding those which
Congress itself. BY the Constitution, is au-
thorized to exercise over citizens OF the Uni
ted States, in respect to their rights of per-
sons or rights property"
4 ".
81. The territory thus acguired,is acquired
by the people of the UnitedStates for their
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 in
a Territory which is prohibited by the Con-
stitution. The Government aud the citi- |
zens, whenever the Territory Is open to
both enter in it with their re-
spective rights defined and limited by the !
Constitution.
SO. Congress haze no right to prohibit
the citizens of any particular Stale or States |
from taking up their homes there, while it
permits citizens of other States to do so. |
Nor has it right to give privileges to one
class of citize ms which it refuses another. |
The Territory is acquired for their equal
and common bene6t-and if open TO any
it must be open to ali upon equal and the
same terms;
50. EveIy'citizcn has right TO take
with him into the Territory any article of /
which the Constitution of the Uni
ted States recognizes as property.
81. The Constitution of the United
States recognizes slaves as property, and
pledges the Federal Government to protect
it. And Congress canrot exercise any more
authority over properly Of that description
than it may ronstitutionally exercise over
property of any other kind.
"5. The act of Congress, therefore, pro-
hibi!ing a citizen OF the United States from
taking with him his slaves when he removes
to the Territory in question to reside, is an
exercise of authority over private property
which is warranted by the Constitution
and the reateral OF the plaintiff, by his
owner, to that Territory, gave him no title
to freedom"
This is the only part of the Dred Scott
decision in which anything relating TO pop
ular sovereignty is anywhere discernible.-
Then, then, is the instance of the supposed
' concurrence between the Court and the
Party. Whether the negro may be cti-
zen Of TIE u s. or not, does not touch pop
ular sovereignty, or any such "Constitution-
al Powers and Political Rights of the States