The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-15
The slavery AgitetiOn-The bred Scott De
Cision and the Democracy.

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The Slavery AgitetiOn-Thc bred Scott De
cision and the Democracy.
We anticipate, among the first legislative
measures of the approaching session of Congress,
bill repeating the population restriction of the
English Kansas compromise and authorizing the
people Of Kansas to adopt State constitution,
view Of her admission into the Union upon
the basis Of her existing population. We also
anticipate, against any proposition Of this sort
that may be introduced the usual denunciations,
warnings and threatenings Of the Southern fire
eaters; and yet the chances are decidedly in
favor Of some such proposition becoming law
The restriction in question-an unmeaning null
lity-iny Olives no obligation of respect Congress
sional or Executive; and rs it is the only re-
naming impeachment to the complete and perma-
nent abatement Of the Kansas nuisance, the
sooner the finishing touch is applied the better it
viii be for all concerned.
But there is another matter, in reference
to slavery in the Territories, which en-
braces Southern constitutional abstraction
of somewhat threatening character to the
harmony Of the Northern and Southern ex-
Founders Of democratic principles. We refer to
the bred Scott decision Of the Supreme Court of
the United States. The Interpreters of the
Southern democracy tell us that according to
this supreme decision, the Southern STAKEHOLDER
has the right to settle with his slave property in
any Of the Territories Of the Union; and that so
far from Congress or the local Territorial go
the prejudice Of said slave property il is the duty
of Congress and Of the local authorities to pro-
tect it, and that the sovereign people of the Ter
ritory cannot, in any form undertake to legislate
against slavery until they shall have entered into
the work Of State constitution
On the other hand, Mr.. Senator Douglas, who
Of late appears to have been restored to the fell
lowship and admiration Of the Southern fire.
caters, pronounces the bred Scott decision sub
stantiaily the fimsiest she'll of constitutional
abstraction. He admits that it afiirms the equal
right Of the STAKEHOLDER and his slaves in the set
be pleads the non-intervention Of Congress. but
he says that the local Territorial authorities
under the popular sovereignty doctrine
of the Kansas-Nebraska bill, still retain
the power to encourage or to repel the insti-
tuition Of slavery by friendly or unfricndly mu-
nicipal legislation. Now, which is right-Mr.
Douglas or Mr.. Kcitt. We confess that the
answer will be matter OF no practical conse-
ouence, inasmuch us the Southern game of the
extension ofslavery within the existing Territories
of the Union has ended with the Southern failure
in this disastrous Kansas experiment.
But still, we must have q common democratic
understanding of this bred Scott Judgment, or
we can have no democratic harmony. Mr.
Douglas plumply declares that, under this aeci
sion. Congress cannot in any way interfere with
slavery in the Territories; but all the leading de-
mocratc organs of the South inform us that the
decree recognizing slavery makes it the constitu
tional duty of Congress to pass special code Of
laws for the protection Of slavery in all the Ter
ritories This is the issue which must be settled
either for or against Mr. Douglas before we can
undertake 10 pronounce him sufficiently '.sound
upon the goose question to enter within the
sanctuary of the Charleston Convention
The introduction in the Senate Of
bill embracing code Of pains and penal
ties for the protection OF slavery in Nebraska,
Utah, &C.. would doubtless create q sensation;
but If some Southern Presidential rival Of
Douglas does not set trap Of this figure in
which to catch him, We are deceived in our inter
probation OF the bred Scott logic of our Southern
democratic expoundcrs.
Mr.. Seward has declared that among the first
duties Of the republican party is the duty of re-
versing this bred Scott decision. To this end
he proposes q reconstruction Of the Supreme
side Of freedom" He intends to make this
issue leading feature Of the Presidential canvass
Of 1860. But where will he the necessity for that
unless the democracy shall In the interval give
some tangible meaning to these bred Scott alb
stractions? According to Mr.. Douglas they
amount practically to nothing, the Supreme
Court being subordinate and subject to the
higher law Of popular sovereignty;" but
according to the Richmond Enquirer, the Presi-
Dental organ Of General Wise, the Supreme
Court has declared slavery in the Territories a
constitutional right, which Territorial squatters
cannot touch, but which Congress may and
should protect by special legislation.
Mr. Douglas has fought hard battle, and has
achieved o remarkable, but doubtful victory. in
Illinois upon platform substantially the same as
that occupied by the republicans in Pennsylvania
and other States. His partisans, cxaggerating
bis success, proclaim him now the autocrat Of
the democratic party We have our misgiyings
upon this point, and our fears that the approach
ing session Of Congress win bring about fatal
crossoxamination upon bred Scott, or such
Southern concessions upon that decision as will