Daily national Democrat., 1860-10-04

HUMPHREY MARSHALL on THE DRIED SCOTT
DEusIoN.-Hon. Humphrey Marshall Of KY
now a supporter OF Breckenridge, wrote
letter to the Louisville Democrat in the early
part of last year, in which he said:
81 have read the Dred Scott case often, and
thoroughly, l think II does not decide that
the Constitution carries SidUery into q Ter
ritory. 1t only decides that Congress cannot
prohi6i II from going, and so | said in re
ply made to my colleague, from which have
quoted ! continue to hold the view then
expressed, and think it can be made clear in
few words
"If the Constitution carries slavery into
a Territory, it must also carry into a state,
for the Constitution is Just as much the SUI
preme law in a state as in Territory.
reads the same way i'm a state that it does in
a Territory, and has just the same power in
a state that it has in Territory. Would it
be coutended that the people of Territory,
when forming a State Constitution, have 10
hight to prohibit slavery Clearly, if it was
carried there bv the Constitution Of the
United States, they would not, nor could a
state prohibit the importation of slaves into
its borders if the Constitution Of the United
States carried it there. My colleague has
quoted from the Drcd Scott case TO sustain
his position, but the quotation does anything
else. 1t only shows that the Court denies to
Congress the power under the Constitution to
prohidH 1t from going into Tcrritory, and
so | said in the little discussion to which Mr..
Jewett refers"
Clearly, then, If Congress has not the pow
er to PROHIBIT slavery it has not the power
to ABOLISH slavery, has Congress the
power to pass Slave Code to govern a sub
ject over which it has no control-not even
to accommodate the Breckinrdgcrs, who are
so camorous for it,
DEMOCRATIC MEETING AT SAN ANDREAs-
On the evening of September 25th, says the
Independent, Governor Downey and r. p
10y a cavalcade of friends in carriages, and
on horseback, preceded by the San Andreas
brass band. The escort was haUering to the
two strangers 1t must have numbered
all told-seyenty or eighty persons. The
friends Of Mr.. Douglas had wheeled the can-
non out Of town, on the Angels road, through
which the Governor and MIR Hammond
passed, and with it fred salute of thirty
three guns The crowd alighted at the Ne
tropolitan, where Judge Bagley, on the part
of the Douglas party and the citizens of the
guished guests to a large coneourse of citi-
zens who had gathered from the neighbor
ing camps to see and hear them.
In the evening political meeting was or
ganzed by the election of Captain Childs,
Of Indian Creek, Chairman, who INTRODUCED,
first, Gov. Downey to the audience, num-
bering from six to seven hundred persons.--
The Governor spoke from the platform at
the Metropolitan Hotel. His speech was
brief The Governor justified his present
position, as a defender of the doctrine of
Popular Sovereignty, by the Platform adop-
ted in the State Convention which nomina-
ted both him and Mr. Latham, in June, 1859.
lie said that his conduct now was only con-
sistent with his professions and with the
doctrine held by the Democracy of the State
then. lie referred to a resolution engrafted
in the Platform of 1852 which he and Mr.
Latham were both called on to endorse, as
being identical with the opinion he now held
on the question.
The Governor was followed by Hon. r. P.
Hammond who made mastery effort He
spoke for more than an hour, holding his au-
ditors-not less than six or seven hundred
to the last, and was followed by r. NJ. Briggs,
of Amador, who spoke for half an hour. A
short speech from Judge Bagley closed the
meeting, which was the most enthusiastic
political gathering ever witnessed in San
Andreas."