, 1860-04-11

importance still, to be compasscd by this
American policy. At present we look with
c'vetous eye upon the vineyards Of our neigh
bors. The spirit Of fillibusterism is rampant
Unscrupulous politicians take constant advan-
tage Of these facts to embroil us in war with
cur neighbors And this will continue TO be
a source Of trouble, Of irritation, Of expense
and embodiment, until the whole Western
hemisphere is incorporated into our Govern
n,ent, or until NC enjoy all tie advantages
that would result from our annexation with
being incumbcred with its disadvantages and
ever impending danger. The latter eau be
secured through reciprocal free trado between
! our own and the other American governments
It is, ws arc firmly pcrSu 'ded, tho only prac-
able way Of escape from the difficulties which
| Wv and which, with ever increasing inni-
Ience, must continue 10 encompass. us. The
choice lies between peacs and waz-bstwcen
fraternal comfy and lawless i1libusterlsm-
between settled policy based upon just re-
gard for the rights Of neishboring States, and
tn ovsr:changing attitude towards them, grow
ing out Of m nnholy greed and unbridled am
litiou, Which shall it be? Where is the
public man wbo will give 10 his name imper-
ishable ronown By taking up, developing aud
prosecuting to its consummation truly Amer
lean policy7
THE NEXT DRIED SCOTT DECISION.
We have already referred to the poiut on
forced by Ar. Lincoln ia lis public discussions
with Senator Douglas two ;ears cgc, concern
ing the "next Dred Scott decision" The pub
| lie will remember the clear exposition Of the
facts attending the Supreme Courts decision
in tho Dred Scott case, made in Mr.. Lincolu's
speech before the Republican State Convention,
on the 18th Of June, 1858. They wcro briefly
/ these:
Tho Nebraska bill was passed in 1854. It
embraced clause declaring it to be the "t.ue
"intent and meaning Of the net not to le9is-
"|ato slavery into any Territory or State, nor
Ito exclude it therefrou1, but to leave the
"people perfectly free etc. While the bill waz
Ohio, sought 10 add IN amendment, expressly
declaring that the people Of the Territories
might exclude slavery il they wanted to,
but Douglas and the other friends Of
the measure voted it down. Judge Trumbull
in tho following rear asked Mr. Douglas on
the floor Of the Senate whether in his opinion
the people Of a Territory could erelude slavery,
prior to the formation Of State Constitution,
and Mr.. Douglas replied that it was question
for the Supreme Court Tho Drod Scott case
was at that time in the Supreme Court; an
argument had been had but no decision had
been pronounced. The Presidential election
was approaching and tic judges, perhaps
doubtful whether their decision would
bo sustained by the people constituting the
great Court Of Appcais, ordered the case to I:
reargument and thus consumed another year
without coming to decision Before their cpln-
! i'm was pronounced the National Democratic
Convention met at Cincinnati and l&il down
the creed Of the party for the Presidential elcc-
tlon. They took step in advance Of tho Ne
braska bill, meeting the Court half way, by
declaring that the people Of Kansas might de-
termino whctbor they would have slavery or
lot "whenerer the number Of Inhabitants
justified it''-not whenever the Territorial
Legislature should choose 70 act upon the
question. It was not 80 much question for
tho Supreme Court in 1856, as it had been in
1855 and 1854. The election came, and the
Democratic party triumphcd after certain
fashion. President Pierce in his last annual
message laid much stress on the alleged fact
that the people had given their sanction to the
Nebraska bill with the hole in it. President
Buchanan, in his inaugural address, p;ously
urged the people TO watch for the forthcoming
decision and abide.by it, whatever it might
he. Then came the decision ITSELF declaring
TINT neither Congress nor Territorial Iegis-
laturo could exclude slavery from any Terri
tory Of the United States TIE language Of
1bo:conrt was nvlrly or exactly ulauwu:
III Congress c.nrot exercise ills power Ito exclude
aavery from Tez1itoyl 1t viii hardly he ecutendd Tat
1t can delegate such powerto Territorial Legislature
The point having been fully established by
the first Dred Scott decision that slavery
carnot be lawfully excluded from Territory,
it remains for the next Drad Scott decision to
declare that it cannot he lawfully excluded
from any State. The Nebraska bill which
continued the seed for both decisions, embra-
ced clause, quoted above, to the effect that
it was not the pueYose Of the act ITO legislate
"flarery into any Territory or State nor to
'exclude it therefrom' etc. No person las
yet been found to tell us why the word
"State" was employed in this organic act for
pair sf Territories-wiy States and Terri
tories wero juggled together ard both declared
to hare tho power to exclude slavery Subject
'to the Constitution Of the United States-"
The Dred Scott decision omits to notes
tho power Of Stato in tho premises but
ono Of the judges, Gclson, we be1ievc,) ap-
proaches near enough to tho case to say that,
Except in cases where the power is restrained |
"ty the Constitution Of tie United States, the |
"law Of the State is supreme over tue subject
"of slavery within its Jurisdiction" Thus it
appears that two holes, instead Of one, we're
left in the Nebraska bill, and particularly
large aud commodious one in tbs Dred Scott
decision. It will be remembered that in Mr.. !
Douglns' debates ;sith Mr.. Lincoln, two years
ago. the latter could never get the former to
say whether hs would or would not austaiu a |
future decision declaring that the people Of a |
STATE could not exclude slavery. Mr: Douglas
held fast by the pred Scott decision, not
because he deemed it right, flor he
would never giro an opiaion as to |
its coTectress) but because it was a
decision Of the Supreme Court lie was thus
firmly committed to nil future decisions Of tie
same tribunal-to the ultimate decision in the
Lennon case, whatever it may be, as we'll as |
to tho Dred Scott decision which took tho Vi
tails oul Of his Popular Sovereignty.
Let thinking rnoa follow the chain Of logical
sequence from The introduction Of the Nebras.
ka bill down to tho. late argument Of |
tho Lennon case by Charles O'Coanor,
and ask themselves what is most