Letter from W. B. Davis to Mississippi Governor John J. Pettus; November 25, 1859

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Letter from W. B. Davis to Mississippi Governor John J. Pettus; November 25, 1859

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People

Davis, W. B.Douglas, Stephen A. (Stephen Arnold), 1813-1861 McWillie, William, 1795-1869 Scott, Dred

Events

Legislation. United States. Congress Legislation. United States. Congress. Fugitive Slave Law (1850)Military Events--Capitulations Military Events--Capitulations. Treaty of Peace, Friendship, Limits, and Settlement Between the United States of America and the Mexican Republic (February 2, 1848)Political elections Political elections--Election of 1852 Political elections--Election of 1856 Supreme Court Ruling. United States--Dred Scott v. Sandford (1857)

Organizations

Courts and Judicial Systems Mississippi--Legislature United States--Congress United States--Executive Department United States--Executive Department. Office of the President

Occupations

Legislators

Places

England North Carolina--New Hanover County. Wilmington

Social Identifiers

African Americans African Americans--Enslaved People African Americans--Historically Free and Newly Freed

Page 1

Wilmington Nov. 25, 1859
Sir,

In drawing off duplicates of the original circular sent you yesterday. I had added some amendments as follows—added a ninth point to wit:—

Ninth: Some of our Southern Leaders and presses of both parties, repose great stress on "the decision of the Dred Scott Case". In which the Court had no power or right to go beyond the record of Scotts claim on the question whether he was "a free negro, or a slave". That decision, therefore, did not touch the legal division at all of the Deeds, Treaties and Territories acquired on joint account between the 15 Southern and 15 northern states, which is the main and true question of law, and not Legislation, that would, at once, have legally settled the whole trouble, and made peace between the North and South, and justice among the States would have been established immediately after the ratification of the Mexican Treaty of 1848, and the fugitive slave law would have become obsolete, had the Southern Governors at that time, caused a legal division of the joint acquired promise Since the Revolution, to have been made by the proper tribunal of "the highest Law of the land."

That Court cannot act on the question without a legal application by the Sovereignty of the 15 Southern States—or a majority of them,—through their Governors. And without which, the hands of that Court are tied, and are obleiged to sink with the Republic into a "blue-law despotic Monarchy in alliance of old and New England", in common with the North, South and West.

After the words closing the paragraph—in violation of the positive injunction of Art: 4. Sec: 3 of the Constitution,—I insert as follows—

And besides: After having smugly locked up all their own northern Territories and locked The South out, they all knew that they put up nothing and pledged nothing, on the part of the North, when they concocted their insidious "pledged platforms" and mixed them up out of sight in "the Presidential elections of 185 and 1856", as stated by Mr. Douglas in his epistle to the Harpers, as the most infamous swindle of the people and posterity of the whole

Page 2

Southern States of all parties alike, that could possibly have disgraced the American character of "American rights and religious liberty". And, therefore, it is all an infamous fraud from the begining, blacker than the blackest dungeon of perfidious darkness.

Note: I repeat that, I think the vital importance of this foregoing subject falls within the scope of your Excelency and Legislature to Take some appropriate action upon it, and invite the other Southern Governors and Legislatures to take the matter, also. in to consideration on the legal merits of the case

I presume the Southern Legislatures yet retain their "reserved right" to speak courteously to their Senators and Representatives in Congress, on any matter of special vital interest to the vested rights and liberty of the Southern people and posterity and the preservation of the great boon of the Revolution.

I am repectfully
your obt. sevt

W. B. Davis

His excellency
Gov. M^c_.Willie