St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1858-09-02
NUMBER As
such attempts, and secure by all honorable
means the discredit alike of the extremists
the South and North.

'utn attempts. tlht SStuit Wy fNi'
means the discredit alike of the extremists
he South and North.
In the fifth resolution they refer to
the decisions Of the Supreme Court :
Resolved That the decisions Of the Judicial
Tribunals Of the States, and the Federal Gov
should be respected. must be SUP.
mitted to, obeyed and carried into elect, ana
hat any attempt to set them at defiance Is d
step towards anarchy and confusion, tends 70
impair respect FOR the Government end merits
condemnation from al law abid-
ing and peaceably disposed citizens.
Here, after having forbidden agita-
ton, they present to US the most ag'ta-
ting and alarming question that has
arisen in modern times--the principle
that slavery shall or may exist, by
rytue Of tie Constitution, in all the Ter
ritories of the United States until
abolished by positive law-and de-
mand that we shall meekly submit,
under the penalty of being denounced
as anarchists and confusionists.
Republicans boldly repudiate these
diabolical sentiments, and will zeal
ously, earnestly, contend for free ter
ritory for a free people. Congress
ought not to abide by the principles
of the Dred Scott decision, nor is there
any obligation resting upon that body
to do so.
Now upon these matters connected
with the bred Scott decision my
friend, the Judge, here and myself
disagree, and it is for you, gentlemen
to decide between us. Let us turn to
the Dred Scott decision and see what
ii says
1t would be more advisable to commit the
powers of self-government to the people who
had settled in the Territory, as being the most
competent 10 determine what was best for
their own interests. But some form Of civil
authority would he absolutely necessary to OF
ganize and preserve civilized society, and pre-
pare il To become State; and what is the
best form must always depend On the condition
of the Territory mt the time, and the choice of
the mode must depend upon the exercise OF u
discretionary power by Congress- acting within
the scope Of its constitutional authority, and
not infringing upon the rights OF person or
rights Of property OF the citizen who might go
there to reside, or for any other lawful purpose.
It WIS acquired by the exercise of this dis
cIction, and it must he held and governed in
like manner, until it is fitted u be a state.
Congress has power to acquire Ter
ritory, and, if SO, it Of course has the
power to govern it. We agree in
this. Congress has no power to hold
the Territory permanently, but while
under its control Congress is to de-
eide what the rights OF the Territorial
inhabitants are. But let Us read fur
! thcr
And il the Constitution recognises the right
Of property of the master IN Il slave, and
| makes no distinction between that description
! of property and other property owned 10y Il cit
izcn, no tribunal. acting under the authority
of the United States whetherlt 1t be legislative,
yys,SSptiges Gr indicinl: has right to draw such
provided for the protection of private property
against the cuCroachmcnts of the Government
The rights OF property are united with the
rights of person. and placed on the same ground
by the fifth amendment to the Constitution,
which provides that no person shall be deprived
OF life. liberty, and property, without due pro-
} cess OF law. And an act OF Congress which de-
prives citizen of the United States OF his li6er
ty or property, merely because he came himselt
; or brought his property into particular '!er.-
tory Of the United States, and who had com
) mitted no offence against the laws, could hard
ly be dignitied with the name Of due process ot
; law.
.sThe powers ovCr person and property OF
which we speak are not only granted to Con
gress, but are in express terms denied, and
. they are forbidden to exercise them And
, this prohibition is not confined 10 the States
but the words are general, and extend TO the
whole territory over which the Constitution
q gives it power TO legslate including those
@ portions OF il remaining under Territorial GOV
;, erument, as well as that covered by States. |
is total absence of power everywhere within
\ the dominion of the United States. and place
c the citizens Of a Territory 50 far as these right
, are concerned, on the same footing with Citi
> zens of the States, and guards them as flrInl
/ and plainly against any inroads which tn
l. General Government might attempt, unde
e the plea of implied OF Incidental powers. An
> if Congress itself cannot do this-it it is bt
- yond the powers conferred on the Federal GOV
- ernment-it will be admitted, We presume
h that it could not authorize a Territorial! Coy
K ernment to exercise them. 1t could confer Il
~ power ON any local Government, established !
~ its authority, to violate the provisions OF t.
II Constitution.
Id mo word can be found in the Constitute
e. which gives Congress a greater power oV
=, slave property, or which entities property
- that Kind to less protection than property
n any other description. The only power co
l ferred IS the power coupled with the duty
IA guarding and protecting the owner IN /
at rights.
a' Upon these considerations. IT Il the OPT
III. ion of the court that the act of Congress viii
"! prohibited a citizen from holding and owni
IT property of this kind in the territory OF
q United States north OF the line therein nt
toned, is not warranted by the CONSTITUTE,
and is therefore tod and that neither ID
CT Scott himself, nor any OF ms family, w
ng made free by being carried INTO TINS serfitoi
,n even if they had been carried there by
'i'' he intention of Incoming Il 1
manent resident.
, P Now. ask in all candor, can
in agent exceed the authority of the pI
cipal How comes the Territory
,ca possess more power than the Stat
mo- If Congress can govern at all, 1t III
tho govern either way-eXclude or T
ron tect slavery. 1t was this heresy
ate the Dred Scott decision that called
cts to existence the Republican par
are made up as it is of the honest int
lat. gence of all parties.
on Our Democratic friends are OF
ton quoting Daniel Webster and He'
CLAW, with the design to make
ara sentiments of these revered statesI
orin. subservient to the Vaccinations OF
5 of slavery propagandists. Nothing CO
lbled be more absurd and false. 1t was
nne, !ll, opinion of these eminent men
ROM lgm ne slavery could no where exist eX'
pat by positive law. lhe TERRITORY,
com auired from Mexico, namely, Cal
MIA, New Mexico, &c, was Tree
en-. ritory. Gods laws were laws OF
lsion dom-and Mr.. Webster declared
ma the United States Senate, he w
rmed not re-enact law Of God" lie w
play not exclude thing tnat ala ho' { {
ourth In this doctrine Mr.. Calhoun was
lows: posed TO both Clay and Webster,
contended for tue constitutional
Of aS our lection of slavery in territory W
which there was no enactment estapllS
es and it. He claimed that when the pr
at it is g g .s.;,,r,, cr.mad a coustit,