Year: 1860




The Express, IN noticing our reply to the
opening political article of the new Republi-
can organ, says:


'it the DEMoCRArl had no protest TO enter
against the doctrine advanced by the Appeal
that negroes should be placed on civil
equality with the whites. The only ground
Of objection urged by the Democrat was that
the Appeal repudiated that part of the Dred
Scott decision to whieh~it subseribes As we
remarked yesterday, we see but little differ
ence between repudiating part of a decision
and the whole OF it.


The position, assumed by the Appeal, that
the proposition advanced by the Court that
Congress has no Constitutional power to pro-
hibit slavery in the Territories, is extraneous
and mere "o6itef dict,am," is wholly unteua-
BILE Dred Scott was declared to be free be-
cause he was taken into Territory in which
Congress had prohibited slavery. To deter
mine this question, therefore, it became neces
sary to decide whether or not Congress pos
sessed the power to prohibit slavery in the
Territory, which was done


The Express takes US to task because we
did not cover the whole ground of objection
to the article in the Appeal We covered SO
much Of it as we thought necessary. 1t did
not follow that we endorsed every line and
word of the article which We did not happen
to reply to- We thought 1t sufficient to cay
that the Appeal was in direct conflict with
the Supreme Court of the United States, in
regard to point which was not obiter die.
tlen, but part of the Dred Scott decision, in
! ha afv viaf g fba
itself agrees that that point was decided, as
may be seen by the latter clause of the above


quotation from its columns.


AS to our having "no protest to enter a.


gainst the doctrine advanced by the Appeal


that negroes should be placed on & civil


equality with the whites" we did not deem
the question worth discussing. The Supreme
Court has settled the status of the negro, and
declared that he cannot become citizen of
the United States But, he may become the
citizen of State, because each individual
sovereignty decides for itself as to its own
internal regulations If the majority of the
people of sovereign State choose to admit
negroes upon an equal footing with the whites
in civil rights and privileges, it is their own
business Let them exercise their preroga-
tive. There is certainly no prospect of any
such movement in this State at least, and it
will be time enough to meet the question
when it arises. 1t is perfectly ridiculous to
be running a mack against something which
has no present and no probable future exist
enee We can occupy our time with some
thing better.


The Express remarks that it can see "no
difference between repudiating part of
decision and the whole of it," Well, if the
Express is unable to distinguish between the
part of thing and the uhole of it, it would
do well to devote a little time to the study of
vulgar fractions But, the fact is we do not
repudiate the Dred Scott decision, either in
whole or in part. We consider portion OF
1t o6iter dtctd, as every intelligent man must,
but there are two points which we do not
consider obiter dictd; to-wit: that negro
cannot become a citizen of the United States.
if he have been himself a slave or is descen-
ded from a slave parent-and that Congress
has no power to prohibit or to establish
slavery in the Territories. If the Express
can find any thing more actually decided by
the Supreme Court, we should be pleased to
see the exposition of it.


The Express seems to desire the exclusive
Pri"iloso Of 'DAl''ips ,ritl, tho Appeal and
yet it is much nearer to the Appeal in senti-
ment than one would be led to suppose. The
Appeal believes in Congressional Interven-
ton on the subject of slavery in the Terri
tories, and so does the Express. Consequent
ly, there is but little occasion for their quar-
relling