Sugar planter. [volume] (West Baton Rouge [i.e. Port Allen, West Baton Rouge Parish, La.]) 1856-1925, 1860-07-21
~. Communicated ......
bred Scott Decision.

in consequence Of residence in Illinois Of over OF
ed, and was entitled to his r,eaom, and, Cd. Tia
he is entitled to his freedom in consequence" of a re
iience o. over one year, with the consent of his ma!
ter. at Fort Smelling. in Territory known as uppe
! ouisiana, and North of Latitude SO degrees 80 mi,
utes, North. and North of the state of Missouri. !
support of h position, he refers to an act of Cor
gress, which declares that slavery. and iuvolGntar
scrvitude, except as a punishment for CRIME, shn
be forever prohibited in ali that part of the Terrific
ry, cr5ed by France, under the name of Louisiana
which lies Moth of 36 degrees so minutes Mort
latitude, and not included in the State of Missouri
The issue was Is Dred Scott {the descendant OF a
imported African a citizen of the United Statcsa
he is, he can sustain his action, bat If he is not, Tia
suit must be discharged for the want OF jurisdiction
This Court decided that colt was not a citizen, bu
that he was a slave. and Of course had no right d
action. But bred Scott claimed his freedom, upon
an act of Congress. and ,hus the power Of Congress
to interfere between u citizen and his property, cam
before the Court. The Court decided that slave
were property. That Congress can not, by the Con
stitution, interfere between a person and his prop
erty. and that therefore any citizen hss the Consti
tutional right to go INTO any OF the Territories of onl
country with his slave property, and there claim an,
receive the protection of the law If necessary.
| make a few quotations that you may see III,
thread of the argument. In speaking of Territories
they say
But until that time arrives (when they shall be
admitted as States) it is undoubtedly Necessary that
some Cover IN mt should be estab i>ued in Older t.
organize society. and to protect the inhabitants in
their persons and property and as the people o! the
United States could not act in this matter only
through thu Government which represented them.
and Through which they spoke an acted when the
Territory was obtained. it was not only within the
scope of its powers, but it was its duty to pass such
laws. and establish such a Government, AS would en-
able those by whose authority they acted. to reap
the advantages anticipated for ITS acquisition, and to
gather there a population which would enable it to
assume the position to which 1T was destined among
the States of the Union.'
"Some form of civil authority w"nl1 be atsolrtel
necessary to organ re and preserve civilized society,
and pre- are it to become a State. and what is the
best form, must always depend upon the condition
of the Territory at the time. and the choice OF the
mode. must depend upon the exercise Of discretiona-
ry power by congress. acting within the scope Of its
constitutional authority. and not infringing nron the
rights of persons or rights OF property of thr citizens
who might go there to reside, or for any other lawful
purpose"
But the power Of Congress over the person or
property Of a citizen can never BE- a mere discretion
ary power under our Constitution or form Of Govern
ment.'
The Federal Government can exercise no power
over his person or property b ynnd what hat in>tru-
ment (the Constitu;i"n) conters. nor lawfully dcns
any right which it has reserved
" The rights of property are united with the right
Of person, and placed on the SAM grouhd by the fifth
amendment to the Constitution which provides that
no person shall he deprived Of life. liberty and pyop-
nty. without due process of law. and an act Of Con.
gress which %d"prives a citizen + the Omitted states.
OF his liberty or properly merely because he came
himself, or brought his property INTO a particular
Territory of the Uuited states. and who had commit.
ted no offence against the laws. coul. hardly be dig
n fed with the name of due process of law
The powers over persons and property of which we
speak, are not only not granted to Congress, but are
in express terms denied, and they are in express
terms Forbidden to exercise them.s
The right of property in a Slave is distinctly and
expressly Aft med in the Constitution. and no uori
can be found in the Constitution winch gives Con
greSs a greater power over slave property. or wnici,
entities property of that kind TO less protection thai
property Of any other description ,
cit is the opinion OF the curt that the act of Con
greSs, which prohibited a citizen from holding and
owning property Of this kind in the Territory of the
United states north of the line therein mentioned IS
not warranted by the Constitution. and is therefore
void. Ana that neither bred scott himself, nor any
OF his family were made free by being carried into
this Territory, even j they hal been carried there hy
the owner with the intention of.hecoming a lerrna-
neat resident.
II 'H'led states courts pave Monty. igartpS~iV
performed their Constitutional duties. They nav.
fully and finally decided this question of right to hold
slavery in the Territories Of our country. Tl6y alone
possessed the power, to decide this exciting, agita.
ting question, and in their decision have they truly
poured OIL on the troubled waters.
Now that this issue is settled and has become the
law Of the country, will the law abiding citizens bow
in submission IN +b;. x,ro.;, r III,
and as patriots, give it an honest. willing and firm
I am extremely anxious to learn What
course will be pursued by the friends of Mr.. Rreckio-
They have been contending tor the right to
em'grate to the Territories with their slave property.
The question is now decided. There is no longer an
issue. The point is settled, gentlemen. saws the Su-
preme Court, you can go, all, should you wish. This
Court will render you the right to full protection
There is no power which can lawful prevent Won
And l would say, gentlemen, you have obtained the
the love of which induced YOU to secc1e, and
disrupture the great Democratic party.-you have
your dearest principle, to obtain which Won
nave sown broadcast the seeds of distrust, ~ai~afec-
ION and disunion amid the countless host; of Hemoc-
'acy, an army which defea ted Black Repuhlicauism
n the great contest Of 1856, an army before who's.
'rowess, in 1860, Black Republicanism would have
'atd, rye the Democratic party, who. in lsr unity
lone, had the power to defeat this disturber of
quiet, and once more to restore peace and
to our country, INTO these ranks, the de-
of the country against abolition aggre sion.
lid you cast the deadly discord. And now behold
he once proud Democracy, disorganized, debaSed
nd de'noralized, their arms thrown away, and their
olors dragging in the dust, friend array against
rlend, brother against brother, State against State,
nd the North against the South. and the great hone |
every Southern heart destroyed, the great expec
atoms ola beloved country crushed, a nd for what ?
20" could have a right, which you believed the
United States Courts had already secured to Won of
to Territory, where you could not be in
luced to settle. If there is any one thing for which