The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-09-04


struction In answer to the foregoing despatch, we
learn the necessary instructions have been given for
the continued protection of the United States gov
srnment property and the shipping in port
JUDGE DOUGLAS REPUDIATES THE DRIED SCOTT
In the bred Scott case it was decided by the SUI
prcme Court that the constitution Of tho United States
recognised African slavery as legal institution IN
a largo proportion of the States OF the Union and
that the right Of citizens Of the savcholding States
10 carry slaves into the common Territories was
:, constitutional right. 1t decided, consequently
that Congress-, which was but trustee for the
common benefit of all tho States, had no power
to abolish or prohibit slavery in Territory and
that the clause of the Missouri Compromise law pro-
bibting the institution in the common territory Of
tho States north Of q prescribed line, was I'M
constitutional, null, and void. 1t also decided, as
a corollary principle, that what Congress could
not itself do in tho common territories, no pro
yisional government OF agency it might estab-
lish in them could do and that as an act of Con
gress prohibiting slavery in any part OF the com
mon territory was unconstitutional, toitior would
the act of territorial Legislature, nero agent be
also unconstitutional, null and void, There was
another principle laid down in tho decision--name-
ly, that the African negro, though free, was not
citizen Of the United States under the federal con-
sttution or endowed with equal rights with the
white man. or entitled to and be sued in the fed
ral courts or to carry into State of the Union
the same rights which may have been conferred up
on him in another.
Those are the leading principles decided and os-
tablshod as tho law of the land by the Supreme
Court in this decision; and think there are few
who will not agree that practically, the most i'm
portant part of the decision is that which denies to
tho legislatures or provisional governments OF the
Territories, while in the territorial condition. the
right Of prohibiting slavery within their borders
The decision was made with reference to the COM
mon rights and interests of the citizens of all the
States of the Union in territories acquired by the
common treasure and blood. 1t is decision found
ed not upon the legal effect of the constitution
in its letter and spirit than upon the broad equities
which belong to the association Of equal States hay
ing common interests, common cause and making
common contributions for the general extension and
ACKNOWLEDGMENT.
But how useless would it be in practice to deny
tho power Of majority Of Congress to prohibit the
entrance of slavery into Territory if territorial
legislature, elected by, perchance, hundred or a
thousand squatters precpitated into its borders by
abolition aid societies from the FREQ States under the
auspices Of such men as Thayer, Bcccher and Sill
man, could prohibit it's entrance there2 We will not
however 60 over the objections to the exploded
doctrines of squattcr sovereignty abomnablo enough
before the bred Scott decision, but incendary now.
Judge Douglas, in tho early part of his present
canvass in Illinois took great pains to tickle the ears
Of the South with encomiums upon the bred Scott
decision; but we early observed the significant cir
cumstance that these cncomiums were confined to
that branch Of the decision which denied the equal
by Of the negro with the white under tho feder
al constitution. This branch of the decision is
moro or less popular, we would fain hope, among
all classes of white people, except the infatuated
oldline abolitionists; and, so far from risking 0
sacrifice Of popularity, his bold championship o.
this branch of tho decision appealed with power
full effect to tho better instincts of the white mer
whom he addressed. Judge Douglas very
staunch upon that branch of the decision in which
tho saveholding States felt little interest for wha
does it matter to them whether the negro be admit
ted or not to an equality with tho white man by tn,
people Of the free States-a mere matter of taste
lie was very staunch upon that branch of the Dret
Scott decision which he was able to turn to advan
iage, in his canvass for the votes Of the white mel
of Illinois, Let how he supported the decision
in matter affecting the real interests of tho slave
holding Statcs-upon point involving great polih
cal rights--upona point upon which the savehold
ing States do feel an active solictude--upon poin
in regard to which staunch support Of the decision
would cost him more or less popularity in his can
vass
The doctrine of popular sovereignty, = as ait
down by tho democratic party in its whole advo
cacy of the Nebraska Kansas BILL and in its promul
CATION of its platform of principles at Cincinnati
that the people Of Territory, Of The time Of dmDy
em.siii,o, preparatory TO admission State INTO n
Union, and NOT before have the power to form
thcir domestic institutions in their own way, neiho