Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1858-01-23
VOL. IX-NQ. a6.

condisicnpf tae institution quite ~ good n
{ sccrld DC espccisd.
I also t1ansnit for your consideration. Z
presen:imeht II Grand jury Of Lee soantJ
supca this subject.
| The necessity Of hospital for the sick.
and apartments FOR female sonyicts, 10 urr-
led with great force by the Grand Jury q
well as by the Inspectors, and must, think,
be apparent to all.
! would call your attention to the fast that
the editioa Of the "Code Of low" !" 10 q.
hausted, and that there are no oopies o6
some Of the session laws.
1t will be necessary to mako provision n
some way for their republication. Many
officers, in the new counties especially, who
are entitled to copies Of thelaws, are unsup.
piled, and must remain 50, until some fur.
ther provision is made.
cannot close this communication. with.
out briefly calling your attention to the sx-
traordinary doctrine announced by some Of
the Judges Of the Supreme Court Of the q.
States In the recent case Of Scott ys. San.
ford, and which the people of this country
are now called On to endorse az the trus
construction Of our national constitution.
The founders of this republic entertained.
no doubt that Congress had power to make
all needful rules and regulations for the
government of the Territories of the United
States, and that prohibition of the intro
dnction of African slavery within these Ter.
risories was legitinately within the scope Of
this authority. Such was the universal sen.
tiinens Of the country, and the principle was
recognized in numerous instances by Con.
gress prior to 1854; when the Missouri
Compromise line was obliterated and the
territories of Kansas and Nebraska created.
The new and specious theory of " popular
sovereignty" was then promulgated. The
people of Iowa were besought to aoouiesce
in the repeal Of the Missouri Compromise.
on the ground that by the principle estab.
lished By the Kansas Nebraska act, tho peo.
pie Of the territories would have the pow
er to determine for themselves, whether
freedom or slavery should prevail within
their several Jurisdictions. It was::contend-
ed that the inevitable effect Of giving the
people the power to settle this question
for themselves would be to establish free.
dom in every Territory-that such was the
vitality, and yigor, and advantages Of free
institutions over slave institutions that 10
apparent were the withering influences Of
slavery upon oil the best interests Of society.
that no intelligent people would ENCOURAGES
or allow it to bo established within any Of
the new territories. There vas such de-
gree of plausibility and fairness abont this
agreement, that it received the support Of .
considerable portion of the American nee.
pie.
But the theory Of popular sovereignty,
and the theory Of the power of Congress
over the subject of slavery in the territories,
have alike been overthrown BY the decision
OF the Supreme Court. After overturnine
the law ss it had been settled more than
seventy years, BY deciding that Scott was
not q citizen because Of his African descent;
that he had no right to bring suit; that the
Court had no jurisdiction Of the Gaze for the
reason that there was no case leSitimately
before it, for the want Of proper party;s
majority Of the Judges proceeded to pass
upon what they were pleased to consider the
merits Of the case.
am aware, that upon the single question
Of the citizenship of Dred Scott, their opin-
ions are entirely extra judicial, and entitled
10 10 more weightthan the opinienns Of any
other citizens. But they are worthy of yoar
because they foreshadow the
opinion that will be authoritatiyely announ.
,ed whenever the proper state of facts shall
be presented that may seem to justify it.
1t is first declared, by majority of the
Judges, that Congress has no power over
slavery in the territories, and az natural
,orollary cannot delegate to tne people Of
.he territories power it cannot of itself
exercise. 1t is declared that the constitu.
ion plants slavery upon all the public de.
main, and there nurtures and protects it.
1t is no longer held, under this decision,
that freedom is national and slavery local,
confined to the limits of the States that sec
it to uphold it. Slavery is in effect declar-
ed to be national institution, belonging
not to the States, but the United States. Il
is fastened upon every foot of soil belong
ing to the government, and there is no pew.
Or in Congress, or in the territorial govern.
nent to expel it. Whatever Territory may
be hereafter acquired by the United States,
will instantly become slave soil. Wherever
.he flag Of the country goes, there goes
slavery with its chains and manacles.
The local result of this decision goes still
further. 1t carries slavery into every State
in this Union. e...s
One of the Justices of the Supreme Court
even declares, :" that the only private prop
erty which the Constitution has specifcotIv
recognized and has imposed it as direcs
obligation both on the States, and the fede.
raj government to protect and enforcs, 10
the property of the master in the slave no
other right of property is placed by the con.
stitution upon the same high ground or
shielded by a similar guarantee" If this b
true, the whole Union is slave territory, and
there is no power on earth to abolish it. II
both the States and the federal government
are bound to protect the right Of property.
there is nothing to prevent slavery from q.
king possession of Iowa to-day.
But it is not true. There is no such obliea-
lion imposed upon the States. The consti.
tuition no where regards slaves as property.
They are uniformly spoken Of a. I" psrsons.n
As " persons " they are enumerated and on
titled to representation. As "perssns"
they are subject to rendition O. Ifugitives
from " Service or labor" as are apprentices
and minors. As" Persons :" their s. imni.
grafton or Importation" could mot be pro.
hibitsd prior to 1908.
It needs no argument to show that this
decision is unwsrFanted by the facts repre.
ia its character subvsrsive Of the policy cf
Ihs founders Of the republic, and violates
the rights Of the States. Being wholly ex-
ira judicial, 20 far q relates to the power
of Congress and the States over slavery. 10
cannot bind the conscience, er oommandtte
obedience of any man.
trust that % the representatives Of The
freedom loving eitisens Of Iowa, you will
explicitly declare that you will never con-
sent that this State shall become an n.
segral part of q great slave republic, By e
senting to tho abhorrent doctrines contained
in the Dred Scott decision, let the eonse.
qaences Of dissent bc what they may.
The condition Of Affairs in Kansas, eees
tairly demands your confederation.
Notwithstanding the grssssst frauds and
the most unequal legislative sppsrtieament,
the people q that unfortunate Teritogy
have declared by an omnhat;A rsa;6rs8v g