Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-03-26
AlisrcIIorlCols Reo0lnp,
The Dred Scott Case.
Opinions of Judges Mclean md Curtis, dissent
ing from the Judgment Of tie Court.

Opinions of JudgeS Mclean dnd Cart'S' dSSeRt
ing from the Judgment Of tie Court
Associate Justice Mclean proceeded to ex-
press his views in the case of bred Scott as,
Sanford. After stating the facts relative 70 the
case, he proceeded to say that the plea as TO
jurisdiction is radica lily defective. l: has new
er been held necessary that to constitute citi-
zen, man should have the qualification of an
elector. Females and minors may sue in the
Federal Courts. and so may an individual who
has his domicil in the State in which he may
sue. The most general definition Of citizen
is freeman. The plea does not show bred
Scott to be slave. 1t does not follow a man
is not free whose ancestors were slaves. Ii
was said colored cilizens are not agreeable
members of society; but this was more mat
ter of taste than Of law. Several of the States
have admitted such persons to the right OF sutf-
rage. and recognized them as citizens; and
this has been done in slave as well as in free
States. On the subject of citizenship We have
not been very astidious Under the treaty
with Mexico, we have made citizens of all
grades, combinations and colors, The same
was done in tue case of Louisiana and Florida.
No one ever doubted, nor court held, that the
inhabitants did not become citizens under the
treaties. They have become citizens without
being naturalized.
Throughout the continent Of Europe, WITH
out exception. it has been held that slavery can
exist only in territory where it had been estab'
lished, and beyond that the master cannot suS'
tain himself save by some express stipulation
There is no nation in Europe which consider:
itself bound to return the master his fugitive
slave, under the civil law or the law of nations
The slave is held to be free where there is nj
treaty obligation or contract to return him t'
his master. In the case of Prigg against thu
State of Pennsylvania, the state of slavery i
deemed to be mere municipal regulation
founded and limited to the range Of the Stat'
which enacts It. This was the decision in tht
case Of Somerset. in England, which was deci
ded before The American Revolution. Con
gress has no power to interfere with slavery il
the States, or to regulate what is commonl.
called the slave trade among the several States
We know that James Madison-that great an
good man-was particular to regard slave
escaping from service or labor as persons,
and not as property, While he lJadge Nc
Lean) agreed that this Government was nc
made for the cOlOred race, yet many of ther
in the New England States exercised the rgt
of suffrage when the Constitution was adoptet
and it was not doubted that its tendency woul
be to ameliorate the condition of the race
Many of the States took measures to abolis
slavery: and it is a. well-knOwn fact that tt
belief was cherished by leading men, both
the South and of the North, that the institu
tiOn Of slavery would gradually decline until
should become extinct.
All slavery hes its origin against its natur
right.
II, in making the necessary rules and reg
lations respecting the public lands, terrItorl
or temporary government is requisite, COngre
has the power to establish it. The power