The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-03-15
bred Scott Doctrine and Practice.


bred Scott Doctrine and Practice.
4 1t is alleged in the platform adopted
at indianapolis on the 4th instant, that
the Supreme Court in the bred Scott
case, decided, that the Constitution Of !
the United States carries slavery with !
it, into the territories where there is
no municipal law prohibiting it. There
is no such point made in the opinions
delivered by the judges in that celebated
case as far as we have been able to dis.
cover. Such doctrine might possibly
be inferred from the scope Of the reason
Ing, but it is no where distinctly stated
that we can find. The doctrine seems
to have been attributed to the Court,
without sufficient grounds to justify it, to
create theme for violent party discus
sion. The doctrine suggested by the
Court is, that in all unorganized terrific
reS, where there is no municipal law
where nothing but the common law of
civilized society prevails-the Constitu-
ton of the United States would shield
property in slaves, as vel as any other
property. That a slave carried into such
territory does not acquire any rights Of
freedom but on his return to slave State,
resumes his former condition. Whether
the Court have laid down the doctrine
that slavery can be carried into morgan
lied territory and maintained there till
prohibited by law Of the State we do not
pretend to discuss. 1t is certainly doc
trine very repugnant to the sentiments oil
the country, and one which every dem
ocrat Will be slow to admit But strange
as it may appear to those who now vic
lently oppose the doctrine of the Court
that slavery can he carried beyond The
limit of municipal law, it has been il
practical operation in another way, under
the laws Of Congress for more than sixty
years, without apparently ever having
awakened any serious attention.
The ocean. like an organized territory
has no municipal law. The Constitution
and the common law have dominion
over our uninhabited territory; and only
the Constitution and the maritime law:
of nations extend over the sea. Whel
slaves are carried to sea they go beyon
the jurisdiction Of all State and mum
cipal laws. AS property they are he'll
under the shield Of the Constitutio
only. Now, more than one-third-pel
haps more than half Of the slaves in tn
great South West planting States, al
slaves and descendants Of slaves VIII
have been transported from the ports
Maryland, Virginia, and the Carolinas
the Gulf Ports, and in the voyages the
have made, have been months ut sea an
carried far beyond the reach of all loc'
laws of slavery, often into the harbol
and Bays of British and Danish Island
breath Of whose air breaks the mar
acles OF the slave. But these children
toll, as soon as they reached the port
destination resumed their original cond
ton, and no question has ever been raj
ed to dispute the rights of their master
to their property in these emigrar
slaves. Even the fugitive slaves, who.
rights to freedom have been so siren,
ously defended at the North have bee
taken by their masters over the ocean
the South. In the coasting trade of Il
Southern States many slaves are en-
ployed as sailors, who perform voyage
Of many weeks beyond the jursidictic
Of Statute Law. We can perceive |
distinction between the circumstances
an uninhabited and unoFganizcd territo
and the wilderness Of the ocean, so
as the rights of slaves are involved.
Our domestic slave trade by sea is ca
ried on under the sanction of law al
very strict custom house regulations.
No part Of the custom house servi
has more rigid rules or is enforced mo
strictly. Slaves to be transported
sea are required to be entered at Il
custom house with a full description
their persons, and on their arrival a
required to be reported with great pa
ticularity, under severe penalties. A
of this business is carried ON under Il
sanction Of Congress. II tho doctri
ascrlbed to the Supreme Court be n
sound, the slave trade by sea is illec
and unconstitutional. Congress cam
give it any protection.
Mr. WNoATE, the Mormon agent iast .