Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-07-31

i"cus IL IL composed OF nlnC Judges. fiNt
of these nine judges are from the slayohold
ing States, containing less than one-third %
the white population Of the Union, while thC
free States, with more than two-thirds of it,
white population, have four Judges Judg,
McLeans circuit alone, embracing the State.
Of Ohio. Indiana, Illinois and Michigan. con.
tnns at this time very nearly as many whit,
population as all the circuits Of the five south.
ern Judges together and this is the court
thus constituted, which made the decision in
the bred Scott case and the most objection.
able parts Of that decision are concurred in by
the southern judges only Judges Mclean
and Curtis dissent in toto. Judge Nelson OF
New York, places his decision upon grounds
not involving the powers Of Congress over
the territories, and Judge Grier, of Pennsyl-
Yania, concurs with Judge Nelson and differs
substantially from the sectional majority.
IL has become a question how far this decis-
sion is binding upon the country. and ouph,
to be followed as authority by other courts.
Strictly speaking, it is decisive only of the
case then before the court. and IL is ntrclv
competent for the same court or any other
court to decide differently in anoth sr case
precisely similar. This. however, could be
regarded as ovorruling the principle settled by
the first decision. and seldom, happens though
lt does sometimes happen; but all that is said
IN a case not called for by the decision rem
dored is obitar diciufn. of no autboritv what
ever as precedent either in tho coi,rt rcr.
dering 1t or in any other court Judge Ia
. ney, who announced the decision Of the ma
Jorty IN the bred Scott case states distinctly.
IN the conclusion Of his opinion, what the
/ point decided was. lie saws: Upon the
whole. therefore. it is tho indgment of tIis
court. that IL appears b, tl,e rocord bof,ro ~.
/ that the plaintiff in error is rot cit;,e- ~
/ Missouri in the sense in which t,,t ,,.ord H.
used in the Constitution and n,t ,s, C;ro,,;+
Court of the limited Statcs Gov tbot 1000,
had no jurisdiction in tho cas, ,nJ oo,,lJ ,.;,.,
no Indictment in If"
Thus Won sec tho orI,. ,,,;,., l,o;iol d.. ..
majority was. h,t The nl5i,tifr ,,.,s NO.. ~.
izen of Missouri and h. I,, 80. 49,.
fbcy dieniss t,o c,s, e,. ,,..,. ,r ;,,.;.i;...1
AM tbati is said bv r,d,. r.. 49,.
and his sectional ,ssoo;,tos -.
stitutioDslitv az tbo NI;s,o,,ri C.,,,,,.-.
the riobf to bold s1,vos Il, +L, -.
the freedom or sl.verv ~ Drod So. ,..1 -,,'1
clearly extrs i,dic;,l orJ :. a,,.;.i.l
.pcct whatever os doc;s;o,, ac ~. rr,...5 -'D
States Court bccapso II ,,,s sa;d j., ~ 49,
involvip, those orost.org -. - ~
decision rnads Fycr,, ,,orso,, - ~.
court after decidino tb,t il has no ;,,i-.i;.
tion to rordor indo,,,,o,,. =, .'l.
business TO on On ,nd n,ss mo-, ~. -
.Iudge Mel can ,lIrd;p,, 20 tlis - -.
courts oninion saws ..Notbino tsa, -
bocn s,id b,. ~, ,h;., -'I''lii's 'nal mas
bearing ON the iurisdiction or ,bo Canrt 80
painst which tbcv decided can Lo oo,,s;Ie,,.l
as autboritv sbou NM ro,,arl (. - :,
And Judoo Curtis savs'. 81 1o ,,t Ia ~.
opinion Of this co,,rt ~. ans. tl,,.r eo,,rt l,;,
inc. when exnrossod ON cpostion no. -;
matolv before it,
But the opinions EXPRESSED b,. tbo soc,;orol
majority of the Suprene Court oltbor,b NOT
of judicial authority. are va4tly imnortont as
Indicating the PRINCIPLES of the selcstvled
democratic party which now has control az the
government. This opinion was doubtloss
wrung from them thus extra iudiciallv bv tbat
party to bolster MP its waning fortunes. and
they endorse it in full. / propose. therefore.
Co examine some of it's doctrines J,d,o
Taney thus states the question boforo tbe
court ..rhe question is sirnly tbis. Gan
negro. whose ancestors were imnorted into
this country and sold as slaves bocoro a,
member of the political community funded
and brought into existence bv the Consftr-
llON OF the united states. and as such bcCOmp
entitled 10 all the ripbts and nrivile,es and
immunities guaranteed bv that Instrument 10
the citizen one of which rigbt, il tho nr;-.
ilepe of sueinr in court of tho Trpited
States in the cases specified in tho Constitn-
ton"
Again in snoaling or tbis closs tbo Ch;oe
Justice saws "They were NOT included and
were not intended to he included pnder tbo
word-oitizon--in tbc Constitution and ca,
therefore claim none of the rigbts and nriy;.
lcres which that instrument nrovidos for and
secures to the citizens of the Tnitod States "
..Thev had more than n contnr,,
before the Doclaration or Indcnondcnco ,,as
formed been recorded as heinz ~ an ;,far;-
or order. and oltogotber nnft ~ assooiato
with the white race citbe, in social or -;
cal relations. and So far infor;or tbat tho,.
had no riobts which tho ,ybito mar, ,ras L,,,,,I
To resnoet ITc tbon ono+os from, tho Ian.s
of various Statos to show nat nooroos ba,o
been treated rs nm incorior raco on5 intorroar l,
RACES between them and yybites ,rob;hit@J
Referring to that clapso Of tbe Doelaration ,r
Indenondonce which doclorcs ..tbot All mon
are created oopal. that tbev arc crdowod h.,
their Creator with certain inoIionobIo r;obts,