Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-10-05
NEWS AND GOSSIP.

WASHINGTON NEWS AND GOSSIP.
DOUGLASS REPUDIArIoS OF TIE DRIED Scorr
DECIsIoN.-Some days since we received the
following communication, which the crowded
state of the Stars columns has not permitted
US to publish sooner:
WAsHINeroN, Sept q, ls5s
MIR. FDIToR: In a leading editorial In this eve
atoI Brown, Of Mississippi, should sympathizs
with Douglas, after his ''repudistion (at Free
port Of the only point in the bred Scott decision
worth a button to the cause Of the SOUTH" and,
also, that he prefers such candidate as Ste
Phen Arnold Douglas to Judge Breese, for the
Senate Of the United states''
NOW, am southern man, and do sincerely
but II he has repudiated I" the only point in the
bred Scott decision that is worth button to the
SOUTH, l no longer sympathise with him, and
knoU that Senator Brown would not under such
circumstances. i do not prefer Douglas to Judge
Breese, and am not aware that Senator Brown
has expressed any such preference.
columns Of the Star, the words used by Judge
Douglas, in the reputation spoken of, and Of
Senator Brown, when he expressed his prefer
sncs of Douglas to Breese.
This request is made simply for information,
and nothing else, and l hope you will find it
convenient to reply. A DEMOCRAT.
This correspondent is very easily answered.
The only point in the bred Scott decision which
can be Of practical utility to the South, is its
averment that slavery can and does exist in
United States Territories by virtue of the fact
that they are United States Territories, and that
no territorial legislature can, constitutionally,
refuse to legislate for the due protection Of
slave property within its jurisdiction. That
there may be no question Of the correctness Of
our statement of the bred Scott Decision on
this point, We quote it, as follows:
EXTRACT FROM THE DRIED Scorr DECISION
IL Congress itself cannot in this (prohb bit slavery
I'm Territory)-ifit is beyond the powers con-
ferred on the Federal Governmental will be ad-
United, we presume, that IL could not authorize q
territorial government to exercise them. Itcoud
confer no power on any local government, estab-
iished by its authority, to violate the provisions
OF the Constitution
And il the Constitution recognizes the right
Of property Of the master in a slave, and makes
no distinction between that description Of prop
erty and other property owned by a citizen, no
tribunal acting under the authority Of the United
States, whether legislative, executive or judicial
has a right to draw such distinction or deny
to it the benefit of the provisions and guarantees
which have been provided for the protection of
private property against the encroachments of the
Government.
In his Freeport speech Mr.. Douglas did scout
this doctrine of he bred Scott Decision in say
ing, as follows:
The next question Mr.. Lincoln propounded to
me Is, " can the people Of a Territory excl ude
slavery from their limits by any fair means be.
fore 1t comes into the Union as a State?n | an
swer, emphatcally, as Mr.. Lincoln has heard
me answer hundred times, on every stump in
ILLINOIS, that, in my opinion the people Of ter
rltory can by lawful means exclude slavery be.
fore II comes i'm as State Mr. Lincoln knew
that had given that answer over and over az ain
He heard me argue the Nebraska bill on that
principle all over the State In ISIS and g, and
he has now no excuse to pretend to have auy
doubt upon that subject Whatever the Supreme
Court may hereafter decide as to the abstract
question OF whether slavery may 90 In under the
constitution or not, the people Of territory have
the lawful means to admit II exclude Il as thew
please, Tor the reason that slavery cannot exist
local police regulations furnishing remedies and
means of enforcing the right to hold slaves
These local and police regulations can only be
furnished 6y the local Legislature. II the people
OF the territory are opposed to slavery they will
elect members TO the Legislature who will ad opt
unfriendIy legislation to it. Ii they are for II.
they Will adopt the Legislative measures friendly
10 slavery. Hence, no matter what NAV be the
decision Of the Supreme Court on that abstract
question: still the right of the people to make IL
slave or free Territory Is perfect or complete
under the Nebraska bill. | hope Mr.. Lincoln
will deem my answer satisfactory on this point
In this connection, / will notice the charge
which he has renewed about the Chase amend
ment. / thought that had at Ottawa chased
that amendment out Of Mr.. Lincoln,s brain Int
II seems that 1t still haunts his Imagination and
he Is not yet satisfied. had supposed that Mr.
farther de Is lawyer he has been a member
OF Congress; vet he has occupied your time and
amused you by telling you about the rules of
parliamentary proceedings. He ought ts have
known better than TO have tried to pal IN of that
miserable humbug upon this intellige audie
Now, the Nebraska bill provided that the leyis-
lative power and authority Of the said Territory
should extend to all rightful subjects of lepisa
ton consistent with the organic law and the
Constitution Of the United States 1t did not
make any exception Of slavery, but gave all the
without violating the Constitution, to the Terri
torial Legislature, with no exception on the sub
Ject OF slavery at all. Hence that bill, in and by
ITSELF gave to the people Of the Territory the full
power and the full authority over the subject Of
slavery, negative and ai rmative to introd uce or
exclude, so far as the Constitution of the United
States would permit.
The bred Scott decision, as quoted above,
AYERS that the people of Territory cannot OK.
clude slavery therefrom by any fair means;
and Douglas, at Freeport, as quoted above.
AYERS that they can lawfully do that thing. He
proclaims his understanding of the action of
Congress in passing the Kansas-Nebraska bill
to be higher authority of law, than the formal
decision of the Supreme Court of the United
States He does not pretend to deny being him
self in favor of the exercise, by the Territorial
Legislature, of the power to exclude slavery,
bred Scott decision. His Southern newspaper
apologists, driven to the wall by his fragrant
abandonment Of the great point for the South
In issue, pirate about hereafter demanding Con-
gressional legislation to cure what they now
profess to regard as the defect of the Kansas.
Nebraska bill, which Douglas procIaims its
chief virtue-the alleged authority it gives to
the people Of Territory to violate, by Iegisla-
ting against slavery, the right of Southern co.
equality in United States Territories. Is
there man outside of an insane hospital
who fancles that Douglas is not pledged, chin
deep, by his record of the last twevemonth. to
oppose any Congressional legislation to secure
the enjoyment of the rights of the South in this
particular, as the Supreme Court declares-in
the bred Scott decision-that they exist?
80 far as Douglass fragrant reputation of
the main (materian poipf Of H.