, 1860-10-05

tx, tx s. guarding a"d projecting 10 ot'"t1 {" ID
POINTS EsrAnL1sHED BT THE pEc151oH. j.
In tie 10th vol. Of Howard's Reports, page
395, q syllabus Of the Drcl Scott decision,
embracing the points established By the
Court, is'given in the following words:
1st The Territory thus acquired, Is acquired by the
people Of the United States for their and equal
benet through their asent and ttussee-the Federal
Government Congress can exercise no power over tho
rights Of persons property Of citizen In the Terri
tory which is prohibited by the Constitution. The Gov
ernment and the citlxen, Whenever the Territory IL
open to settlement, both enter With their respective
rights defined aud limited bx the Constitution
III. Congress has no dent 10 prohibit ctxenl Of my
particular Stste 5tates from taking up their homes
there. while It permits ctzena Of other States to do
Nor ias It right to give privileges 10 class Of cit
liens which It refuses to another. The Territory Is
qulred for Their equal and common benefit and II ope7
to *ny; II must be open to III upon equal and thu
81. "EvkRT C1rzxs aAs RiGHr 70 TAKE Win Hrx
Ik7o THx TKkRtroaT AsT ARTICLE or ranRE17r WEIGH
THH coss1rru!.aa oF Tuk ux11En Stairs xEcoaxuEa
4th. "THK Qoxsr1TuTrps TER Ust7En srArrs REC
oaS'zrs sLArzs As rnOrExTT, AsD the PHos2A
GoyERskExr 30 Fxorxcr IT. And Congress cannot ex-
ercise any more authority PROPERTY Of that de-
serPon, than 1t naay Couttltuttoaasty exercise over
property Of any other kind"
9Th. The act of Congress, therefore, prohibiting
when he to the Territory in question to reside
IS AZ x1xscisx OF AU7HoagE1 oyKA PRIVATE PROPERTY
WHICH Is xor wAARA11xn rI The CoxsEE7u1ios. and the
removal Of the plaintiff s bis owner, to that Territory
6th- Willie 1t remains n Territory, Congress may
lcgistate over It within the scope Of lis constitutional
powers IN relation to ctizens Of the United Etatcs. and
may estattlsh Territorial Government, and tic foru
Of this local government must be regulated by the dis
cretion of Congress; bnt with powers not exceeding
thote which Congress ITSELF by the Consultation Il
of1ed 10 exercise citizens o! the United Et4tes
In respect to their rights Of properly" e
Senator Benjamin, in bis speech Of Nay
22d, 1860, says that this syllabus wa7 rrepar-
ed and written out By Judge Taney himself
ME- DOUGLAS ESBonsEs TIE WHOLE DECISION
The Drcd Scott decision was delivered in
March, 1857. Mr. Buchanan had just been in-
auguratcd, and the Senate had just adjourned
Ar. Douglas took an carly occasion to Eive in
hia adhesion, not only to the decirion that
Drcd Scott was not citizen, and therefore
could not bring suit in n Circuit Court Of tue
United States, but also to the o6iter dietstna,
that neither Congress nor Territorial Legis-
lature could prohibit s|aEery in Territory.
Having found a Grand Jury in session ut Spring.
field, in the month Of June following, al in
yitation was procured from that august body,
calling for the views Of Mr. Douglas on three
points, to-wit: the Lecompton Convention in
Kansas; the proposed Invasion Of Utah; and
the Dred Scott decision; On the last men,
toned topic be spoke US follows:
'tThe character Of chiefJusee Taney and the asso.
clate judges who concusrrd With him require no eulogy
rlndcation from They eadeare to the people
Of the United States by tAeir eminent public services
Tenrrated for their great learning wisdom, and ex.
rerienoe-and beloved for the sot!ess purity Of their
characters and their exemplary lives: The posonous
shafts of partisan malice will fail harmless at e!r feet
while their judicial decisions will stand In all future
time proud monument to their greatness, the ad1Ia-
ton of thr good and wise, and rebuke to the parsana
Of faction and lawIess violence.
1.-THE Court dit not attempt to avofd responsibility
By dsssny Of tile upn technical points without
touching the erlts did they 70 out ot hcr way to
detde questions not properly before them anil directly
presented by the record Lie honest and conscien-
tfous jngt~, az they ara, they met and decided each
point II arose, md faithfully performed their whole
duty, and nothing but ser duty u their country 1Y
DEF EKMISlNG ALL THE QUESTIONS IN THE
CASE. md nothing but xhtt was essential TO the de-
cislon nf the upon it, uetts.-Dongta*' Spring
field Grand Jury Sp<ech, Juns 12A, lso7-0s pub
tished In tho State Register.