The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1860-08-16


declard with his dying breath, " for
opposing the despotism and exte sion
of slavery" He would give no vote
nor utter word in favor Of the Home
stead Bill which passed the House of
Representatives; nor for the admission
of Kansas as Free State ; nor for the
improvement of Northern rivers and
harbors: nor for an increase of duties
upon imports. He would not even vote
against the ultra pro slavery resolutions
of JEFF. Davis, though they denounced
his doctrine of "Popular Sovereignty"
denied the right of the people of a
Territory as well as of Congress, to
exclude slavery from such Territory,
and asserted the duty of Congress to
enact Territorial Slave Code. More
than all this, he urged the passage by
Congress of an act for indicting, con-
victing and furnishing as felons, in the
Federal Courts, all persons in Free
States who should associate and act
Extensively against slavery; an act
which would subject to its penalties,
the members of all anti-slavery associ-
ations, of all "Wide Awake" and Re-
publican Clubs, and even all members
Of the Republican party itself.
Still, all this would not do. The
Slave Power still refused to forgive,
and had besides lost all confidence in
his fidelity as a politician and in his in
tegri:y as man. He was defeated
during days and weeks of balloting in
the National democratic" Convention
SUCCESSFULLY at Charleston and at Balti-
more. Though finally nominated by
only a Northern faction of that Con-
vention, and though Breckenridge was
nominated at the same time 5y the
Southern faction as Southern candi-
date, he and his partizans still chung to
the hope of his restoration to Southern
favor. Inspired by this hope, forlorn
as it was, his factional convention
adopted a codicil to their Cincinnati
Platform which embraces the following
resolutions:
" Resozved, That the Democratic
party will abide by the decision of the
Supreme Court, over the institution of
slavery within the Territories.
"Resozced, That it is in accordance
with the Cincinnati platform, that dur
ing the existence of Territorial Gov
ernments the measure of restriction,
whatever it may be, imposed by the
Federal Constitution on the poaoer Of
the Territorial Legislature over the
subject of the domestic relations, as the
same has been, on. shall hereafter be f.
naly DETERMINED BY THE SU-
PREME COURT of the United States,
should be respected by all good citizens
and ENFORCED qoith aromptneSs
and fidelity by EVERY BRANCH of the
General Government"
In the bred Scott case, the Supreme
Court did decide that slave or the
descendent of slave was not citizen
of the United States, and therefore
could not come into a Federal Court
as plaintiff so as to give the Court
jurisdiction of his case; that bred
Scott being at least the descendent of
slave, was thus excluded, and that the
Court had therefore no jurisdiction of
bis case except to dismiss it, and of
course, no power to decide upon his
claim to freedom. This was all that
the Court did decide or could decide,
for no Court can decide any question
upon the merits in any case of which
it has no jurisdiction.
1t is true that the pro-slavery mem
bers of the Court after having thus de-
cided and thrown the case out of Court,
proceeded to volunteer opinions and
labored augmentation in support OF
the dogmas that the Constitution makes
slaves property; that it carries slavery
into every Territory; that neither Con-
gress or the people of Territory have
any power to exclude it; that the pro-
hibition of the Missouri Compro-
mise" was unconstitutional and there
fore null and void; that persons with
negro blood cannot be citizens or have
any rights of citizenship, &C., &C.; but
as every lawyer knows all this was
mere judicial gossip and pettyfogging.
Still, the Slave Power claims that
these opinions and argumentations, this
gossip and pettyfogging, were distinct
parts of the decision; and that the
questions to which they relate, have
been finally adjudicated by the Court.
Douglas with his face southwark, has
repeatedly assented to this monstrous
claim, and the incorporation into his