The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1860-04-19
The next bred Scott Decision,

We have already referred to the point
enforced by Mr.. Lincoln in his public
discussions with Senator Douglas two
years ago, concerning the next bred
Scott decision The public will remen.-
Der the clear exposition Of the facts at
tending the Supreme Courts decision in
the bred Scott case, made in Mr. Lin
coins speech before the Republican State
Convention, on the Eth of June, 1883.
They were briefly these:
| The Nebraska bill was passed in 1874
II embraces a clause declaring it to be
! ti'- 11tr... latent aud meaning Of the act
not to legislate slavery into any Terri
" tory or State, nor to exclude it there.
" from, but to leave the people perfectly
Free etc. While the bill was under
discussion in the Senate, Mr.. Chase, of
Ohio, sought to add an amendment. ex-
prcssly declaring that the people of the
Territories might erciule slavery if they
wanted to, but Douglas and the other
friends OF the measure voted it down.
Judge Truunbull in the following wear
asked Mr.. Douglas on the floor of the
Senate whether in his opinion the peo-
pie Of a Territory could e,cinae slavery,
prior to the formation of State Consti
tuition, and MIR. Douglas replied that it
was gu s.ion for the Supreme Court.
The bred Scott case argument had been
had, but no decision had been pronoun
ced. The Presidential election was an
preaching and the Judges, perhaps.
doubtful whether their decision would be
sustained by the people constituting the
Court Of Appeals, ordered the case to
reargument, and thus consumed another
year without coming to a decision
Before their opinion was pronounced the
National Democratic Convention met at
Cincinnati and laid down the creed of
the party for the Presidential election
They took step in advance of the Ne
braska bill, meeting the Court half way,
by declaring that the people of Kansas
might determine whether they would
have slavery or not, "whenever the num-
"ber Of inhabi ants justified it'-not
whenever the Territorial Legislature
should choose to act upon the question
1t was not so much ii question for the
Supreme Court in 1856, as it had been
in 1856 and 1854. The election came,
and the Democratic party triumphed af-
ter certain fashion. President Pierce
in his last annual message laid much
stress on the alleged fac. that the people
had given their sanction to the Nebrus ka
bill with the hole in it. President Blu.
chanan. in his inaugural address, piously
urged 'he people to watch for the forth
coming decision and abide by it, whatev-
er it might be- Then came the decision
itself, declaring that neither Congress
nor the Territorial Legislature could ex
clue slavery from any Territory Of the
United States. The language Of the
Court was nearly or exactly as follows !:
If Congress cannot exercise this
power Ito exclude slavery from Terrific
ry] it will hardly be contended that it
eau delegate such power to Territorial
Legislature"
The point having been fully established
by the FIRST bred Scott decision that
slavery cannot be lawfully excluded from
. Territory, it remains for the next bred
Scott decision to declare that it cannot
be lawfully excluded from any State
The ,rNebraska bill which contained
the seed for both decisions. embraced
clause. quoted above,to the effect that it
was not the purpose Of the act "to leyislat
slavery into any Territory or State, nor
"to exclude it therefrom." etc. No
person has yet been found to tell US why
the word "State" was employed in that
organic act for pair Of Territories
why States and Territories we're >juggled
together and both declared to have the
power to exclude slavery Subject to the
=" Constitution of the United Statee."-
The Died Scot. decision omits 10 notice