The Feliciana Democrat., 1858-09-25
SUSTAINING TIE DRED
SCOTT DECISION.

Douglas und the Drcd Scott decision What
spell il in the name Of the one, what prominent
Importance IN the principles Of the other, that
at this moment all other political subjects dwarf
into insigniIicance or disappear from sight be-
fore their cclipsing influence Why are Doug
las and his relations to the question to which
that decision refers, the objects Of absorbing
interest and brcathless attention, at this time
Scott decision solves the Constitutional prob
lem Of negro slavery in the United States, and
because D0uglns, while subscribing to that de-
cision has boldly and vigorously undertaken
the solution of thc same problem in its cthnic-
al, political and social aspects. and for the true
interests Of the white man and black man alike
1t is because the fate Of the country, the per-
pctuation of the Union, the health, the hope,
the life Of the South, depend upon the double
solution and because, without the establish
ment in effect and practice Of the great prnc-
pIes involved il il, all victories over special
ard momentary forms Of danger must be ilu-
sorry and fritlccss.
but. III accordance with our promise ycster-
day we will proceed to reveal the anxiety Of
tie Washington Union, by reviewing the posi-
tion Of Douglas on the question of slavery in
the Territories, as defined in his Freeport
speech We will pass by all the other points
TO consider that one for the present.
The Union totally misapprehends Senator
Daugas's position, when it says that he mas
enunciated any doctrine inconsistent with the
principles Of lhc Dred Scott decision. On the
contrary, lie expressly and mequiyocay sus
tains lint decision rs the law of the land, cN
pounded by it3 highest tribunal. WHAT Sen
ator Douglas says not the expression Of a new
principle, or Of any principle at ALL as rnl'
Of action. either in Congress or the Territories
II Is simply the statement Of a legal proposition
which can not he controyertcd, and which wa
long ago cnnciatcd by leading Southern mei
las the basis Of their demand for aiirmatv,
Legislation, ON the part of Congress, for the pro
lection Of the rights Of shareholders in the Ter
ritorcs
when Senator Douglas was asked whether
I iii his opinion, the people Of a Territory conl
lawfully exclude slavery, he said that they coul
tlawluly' do 20 by emitting TO pass anch law
rs would be necessary for its protection, Th
Dred Scott decision recognizes the right Of tn
STAKEHOLDER TO carry his slave property into tn
Territories. This right is an abstract C6nst
j tutionn right, the iualjenabc existence fwhic
is admitted by the Supreme Court. ltfoIlow'
then. as the Court very justly argues, that Cor
gress has no power to prohibit slavery in tIl
! Territories, because, by so doing, it would Y
!, Iolatc an mprcscriptbIc constitutional right
aud still less is such Il right possessed by IN
I Territorial authorities which derive all thci
!, powers from the Federal Government
This doctrine applies strictly to positive, pro
hibitory legislation. BUTT is perfectly eyider
: that, to secure the full enjoyment of any PR
e perty right whatever something more is necc
sary than a mere judicial declaration of the e.
istence of the right There must be laws i'
the protection Of the property the statnt'
must point ont some way in which the prope
ty may be recovered, if taken from its ownc
and some way in which ollenses against it ma
y be punished In the absence of such remedi
|. enactments, the right, though it may have +
II una lalifed existence, abstractly, can not
! practically enjoyed Thesefore if the peop
!. of A Territory arc hostile to the institution
slavery, they will omit to pass laws for its pl
lection and in this way, though il may ha
:, theoretical status it can have no actual {
" istence
This is what Senator DOUGLAS has stated,
:, a legal proposition, in his Freeport spec
- He did not 90 on to draw the conclusions VIII
Southern men would draw, and which Sou
orI crn statesmen have drawn, from these admit
aud indisputable principles. In the course
the discussions on the Compromise measures
1850, Southern men took occasion TO deny Il
in the bills organizing the Territories OF u