Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1860-06-01
Important Letter.

hon. heverdy Johnson, or No, al
dressed a letter to the Douglas meeting
which recently assembled in New York city.
This letter is highly interesting and impor-
tant, not only from the fact that it is sound
in its statements and arguments, but from
the further fact, that Mr.. SJohnson argued
the bred Scott case twice in behalf Of the
South. We trust our readers will all give
it a careful perusal.
WAsH1NaToh, May IL, 1860.
SIR 81 regret that l am unable to accept your
invitation to the meeting to be held in your city
on the ed inst, to approve the action of your
State Delegation in the Charleston Convention.
Believing their course to have been right, it
would give me pleasure to witness the sanction 1t
is about to receive.
On the issue now so sadly, if not perilously. dis
tracing the country. | see no well grounded hope
of mastering it successfully than by the selection
ct a candidate for the Presidency, of a statesman
whose opinion upon the subject is, under all the cir
cumstances, the most likely to challenge general
assent, because, when fully understood, they will
be found to be alike just t. all sections Of the ma
ton.
The Compromises of 1850 and 1854, it was conf
IDENTIFY predicted, would put to rest forever the
slavery agitation which had for years so alarm
ingly convulsed the land. This great end was to
DC GCul6VcQ Oy removing LQe SUBJECT QCtCgetHST IFCn
the halls of Congress, ana submitting it erclussvely
(subject only to such restraints as the Constitution
imposes) to the people of a Territory when legally
organised.
By Southern end Northern gentlemen, then and
now justly high in the public councils and in the
public confidence, differences of opinion were en-
tertained as TO the extent of the Territorial legis-
tive power and Of the Territorial power over sla-
very. Some held that its exclusion could only be
effected when a State Constitution was Adopted
| (1thQpa that tha Ianiclo turn nOaoncQpd SSpnflra con.
troll over the subject" and was competent to e.
tablish, abolish, or protect it," Others, again,
said it was not "a matter of essential Importance
at what time the power may be exercised by the
people OF the Territories" it being 'sof infinitely
more Importance, both to the South and the Union,
that the power be left to the Territories, instead of
the Federal Government" The present distin-
guished Secretary of the Treasury maintained that
the question itself on which these various views
were held. involved but a s.puretg theoretical ss-
sue,'-"h purest abstractson, IN aPotttscat point
u Utsv, that ever acas proposed for Potstscot dsscus-
s,on. For, on either Of the hypothesis commended
for, "the majority of the people, by the action OF
the Terri .orial Legislature. will decide the ques-
ton, and all must abide the decision ,cbea made"
Such were the conflicting, but the then harmo-
NOUS practical interpretations of these compromi-
ses. TO such compromises Judge Douglas, at the
imminent hazard of political rum in his own State
and section, and from a deep sense OF the consti-
tutional rights of the South; has boldly and faith
ully adhered. The perils with which they encom-
passed him, and which. with such manly fortltude
and consummate ability, he met and overcome
would, / doubt not, have carried dismay to many
who, now forgetful Of his services and loyalty TO
and Southern foes to accomplish his downfall. Not
one opinion on the question avowed by him during
the debate on the compromise has he changed, or
IN tie slightest particular modllieo. VINO, tnen,
has changed ? Let the record OF the past answer.
The vindication for the admitted apparent change
and the excuse for the grossly unjust and suicidal
warfare on Douglas and his friends, waged by gen.
tlemen of the section Tor whose rights he hazarded
so much and so much contributed to uphold, -,
that the question Of Territorial power has been de-
cided by the Supreme Court. This is asserted
by many who, perhaps, never reac the Dred
Scott judgement, or from their pursuits are lncoM-
petent to pass upon it. Having argued the case
twice as the friend of the South. and bestowed up
on all the questions it involved the most careful
study, | could state with perfect confidence that
the question was not only no. decided BY the Courts
but was neither argued nor in any way presented
for dec sion. The single inquiry in this connec-
ton was, had Congress the power to prohibit sla-
very in q Territory? When organized into a gov
eminent. what the Territorial Legislature c%ouiddos
was not before the Court, either directly or mol
rectly. l maintained, however. then, as think
now, that the power was with such a Legislature
by proposition, and /. was stated as q reason a.
gainst the existence of Congressional power that
Slavery could "neither be established or prohib-
tied by Congress. but that the people of q Territory
'.when organized by Congress can establish or pro-
hibit it," Mr.. Justice Curtis, in his opinion, so
giving any proposition, | certainly never supposed
that there existed in any part Of the civilized world
a government where slavery existed In which there
was not somewhere the authority to abolish it.
Such a proposition to my mind la perfectly in
comprehensive, and a libel on the great and good
men TO whom we are indebted tor our admirable
political institutions. There is not a word in the
opinions of either of the Judges, even tending to
prove that the Court, or any Judge, intended to
pa IS upon the question, or esteemed 1t before theus
They examined only the power OF Congress. the
~ avn ~nnconf0l far md nvnn tnfnrnr A fnr
or against the Territorial power from the Courts
Judgement negativing the Congressional power
may be drawn, but as to these there are honest diff
ferences of opinion. The passage in the opinion of
the Chief Justice relied upon as denying the power
warranted no such conclusion. He is there deal
ing with the express restrictions of the Constitu-
ton on the power Of the Government. His pur-
pose is to show that although the Territories are
IN some particulars and for some purposes under
the government of Congress, it is under it only In
subordination to such restl lotions. He applies
what he says as well to the District of Columbia as
to the Territories generally. And vet, it will
sea :cely be maintained, that he designed to assert
that Congress, subject to the restrictions referred
to, has not the power to prohibit slavery in the Dis
t,ict under the authority "to exercise e~rctusius
legislation in all cases aohatsoeUer over such Dis
trict."
The exercise of such q power would be rash, and
grossly inexpedient in the existing state of the
country; but of the mere power there can be nc
well founded doubt. / do not believe that tn e au-
thOr1ty OF the Iefr1tOr'al Legislature was In the
minds of the Chief Justice, certainly the gu cstiGn
was not before him, nor alluded to, except as an
argument against the Congressional power. Nor
was 1t ever referred to, as in the case, by any other
Judge. 1t is therefore, idle to consider it as deci-
ded. If this be so, and those who SO think, even as
honest, and perhaps as capable OF forming an opin-
ion upon the subject, as gentlemen having a differ
emit view, why should it not be esteemed now an
open question. as it was when the Compromise of
"a was passed? Why should the South not contin-
ue to agree as they did then, to abide IN good faith
by the words of that act? Of their meaning, it is
impossible to doubt. The question of constitution
al power Is unde cided. So think nearly all their
associate and friends in the Free Statesmen who,
with .steadtast trmness and unhinching courage
stood by them in all their past struggles. 80 think
thousands and thousands of Southern men, as de-
voted to the rights of their section as any OF their
brethren, bound to it by the common ties OF coun-
try and nativity, and conriction. Harmony now
North and South, OF the friends of the Union. (for
the most part as | believe, to be found In the Dem-
ocratic organization, is demanded more than ever
for the very existence of our common Government.
| Shall they be hazarded upon what Gov. Cobb just
" terms "the grossest abstraction that was ever
nronosed fer political disc ussion I"
Imagine the Union broken to atoms upon this ad-
mitted abstraction. Imagine the Republican Lin
coin, reeking with the grossest heres,es OF poiticai
abolitionism: the true author OF 'lrrecOncliable
| conflict elected to the Presidency, because OF pol.
iticians disputing, and this ''from an abstraction"
started and famed into a fame from, perhaps per-
sonal rivalry, &C., ambition, and then try 1t you
can to conceive the fate of the men to whose ma
chinations the dreadful calamity will, by the uni
yersal voice, be referred. | trust in heaven no
such direfui catastrophe is in store for us. But
that uniting as a band OF brothers, owing a COM
mon lovaltv. and;pledgeds as in the past, to stand