The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1858-01-21

am happy TO be able to say that the health
of the convicts has been good during the year
There have been no deaths, and no escapes OF
attempts at escape. The discipline has been
excellent and the moral condition of the in
stitution quite "a good as could be expected.
l also transmit for vonr consideration. a
prcsentment of Grand Jury Of Lee county
upon this subject.
The necessity for hospital for the sick.
and apartments For female convicts, is urged
with great force by the Grand jury as well as
by the INSPECTORS, and must, think, be appa-
rent to all
/ world call vonr attention to he fact that
the edition Of the ''Co,e of Iowa. is exhaust
ed. and that there are no copies of some OF the
session laws.
! II will be necessary 10 make provision in
some way for their republication. Many Of
ficers, in the new counties especially. who are
entitled to copies of the laws. are unsupplied,
and must remain SO, until some further proyis-
ion Is made.
Icannot close this communication. without
briefly calling your attention 10 the extraordi-
nary doctrine announced by some of the Judg
es Of the Supreme Court Of the United States
in the recent case of Scott vs.. Sandfor,,, and
which the people of this country are now call
| ed on to endorse as the true 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 introduction of Afri-
can slavery within these territories was legit-
maely within the scope OF this authority.
Such was the universal sentiment of the com
try. and the principle was recognized in M
nerous instances by Congress PRIOR to 1854;
when the Missouri Compromise line was oblit-
! Grated and the ter, iiores of Kansas ani Ne
braska created. The hcw and specions theory
Of popular sovereignty was then promulgated.
The people of Iowa were besough ito acqniesce
in the repeal of the Missouri Compromise, on
the ground that by the principle established
by the Kansas Nebraska act, the people of the
territories would have the power to determine
for themselves, whether freedom or slavery
should prevail within their several risdic-
tions. 1t was contended that the inevitable
effect of giving the people the power to settle
this question for themselves would be TO estab-
fish freedom in every seIrtory-that such was
/ the vitality. and vigor, and advantage of free
institutions over 81 We institutions; thai so APP
parent were tie whitening Influences Of slavery
upon all the best interests of society, that no
intelligent people would encourage or allow
il to be established within any of the new ter
ritor,es. There was such degree Of plansi-
biity and fairness about this agreement, that
it recei.ed the support of a considerable por-
ton of the American people.
But the theory Of popular sovereignty, and
the theory ct the power of Congress over the
subject of slavery in the territories, have alike
been overthrown by the decision of the SUI
preme Court. After overturning the law as it
had been settled more than seventy wears, by
i deciding that Scott was not citizen because
of his African descent; that he had no right
to bring snit; that The court had no jurisdiction
Of the case, for the reason that there was no
case legitImatelv before it, for the want of a
: proper party; majority of the Judges pro-
ceeded to pass upon what they were pleased
to consider the merits of the case.
I am aware, that except upon the single
. question Of the citizenship Of bred Scott, their
opinions are entirely extra judicial. and entitl-
ed to no more weight than the opinions of any
other citizens. Bnt they are worthy Of your
; consideration, because they foreshadow the
opinion that will he authoritativ-Iv announced
whenever the proper state Of facts shall be
} presented that may seem to Justify it. Hr
1t is first declared. by majority of the iudg-
es, that Congress has no power over slavery in
the territories, and as a natural corolary can
not delegate to the people of the territories a
power it cannot Itself exercise. II is dec Jared
that the Constitution plants slavery upon all
} the public domain, and there nurtures and pro.
4 tects it.
i 1t is no longer held. under this decision
I that freedom is national and slavery local. con-
fined to the limits of the States that see fit 10
uphold IT.. Slavery is in effect declared to b.
a national Institution, belonging not to the
States, bat to the United States. It il fasten-
ed upon every foot of soil belonging to the
Government, and there is no power in Con-
gress or in the Territorial Governments to ex-
pei it. Whatever Territory may be hereafter
acquired nv the United States, will INSTANTLY
h. 81, 4 4, n
country goes. there goes slavery with its
chains and manacles.
4 The logical result of this decision goes still
further 1t carries slavery into every State in
the Union
Oae of he Justices Of the Supreme Court
even declares, ethat the only private property
which the Constitution has specifically recog-
nized and has imposed it as a direct obligation
both on the States, and the federal government
to protec: and enforce, is the property Of the
master in the slave; no other right of property
is placed bv the constitution upon the same
high ground or shielded by a similar guaran-
tee" If this he true, the whole union is slave
territory. and there is no power on earth to
abolish it. If both the States and the federal
government are bround 20 protect this right of
! property. there is nothing 10 prevent slavery
4 from taking possessioa Of Iowa to-day.
i But it is not true. There is no such obliga-
Il siDn }fHpOSeu upon tUe SidteS. Inc cOnStlfu-
ton no where regards slaves as property
! They are uniformly spoken OF as sspersons,.
/ As Npersons" they are enumerated and enti-
4 tied to representation. AS s'persons" they are
subject TO rendition as fngitiyes from "service
! or lahor." as are apprentices aud minors As
persons" their '.i'nmigration or importation''
could not be prohibited prior to 1903.
! II needs no argument to show that this de-
cis'on is unwarranted BY the facts presented
/ to The courts; that it is revolutionary ia its
character; subversive OF the policy Of the foun-
ders OF the republic aid violates the rights of
the States. Being wholly extra judicial. so
far as relates to the power of congress and the
States over slavery, it cannot bind the consci-
ence, or command the obedience of any man.
| trust that as the representatives of the
freedom loving citizens of Iowa, you explicitly
declare that You will never consent that this
State shall become an integral part of ! great
slave republic. by asserting 10 the abhorrent
| doctrine: contained in the Dred Scott decision.
let the c nseqnences of dissent be what they
may. ~
| The condition of affairs in Kansas, certain
! ly demands yonr COZ slider alton.
| Notwithstanding the grossest frauds and the
most unequal legislative aDportionment, the
| people of that unfortunate Territory have de-
clared by an emphatic majority in favor Of
freedom. No candid mind can now doubt
that at least four ifths of the bona fde citizens
Of the territory desire TO erect it into free