, 1857-08-21

,MuWrul tldt decision was pronounced, Gnt
, before the opinions Of the Court could b,
published and read by the people, thi
'Iu4wspapce press in the interest Of a power
ial political party in this country, began tC
'ponr forth torrents Of abuse and misrepre
cHtations, pot only upon The decision, but
UPON the Character aud motives Of the ven
cradle CHS Justice aud his illIstriols as
socates onthe byuch The character oI
Chief jus ice fancy and the associate
Judges who cOneurrgd with him require no
culogy y-nosaYiAdgl..on froA ne They
are endeared to the people of the United
States by their eminent public services
INcnorated for their great learning, wisdom
and oXpcrcnce-and beloved for the spot
less purity Of their characters and their cx-
emplary lives. The poisonous shafts of
purtjzan malice will fall harmless at their
fleet, while their Judicial decisions will stand
| in all future time a proud monument to
! their greatness, the admiration Of the good
and wise, and rebukc 10 the partizans of
faction and lawlcss violence If, uHfortu-
Inately, any considerable portion of the
people Of the United States shall SO far
forget their obligations to society as to
allow partiZan leaders to array them in VIC.
lent resistance 10 the iiasl decision Of the
highest judicial tribunal on earth, it will
become the duty of all the friends Of order
and constitutional government, without ref
erence to past political differences, to or
ganize themselves and marshal their forces
Ender the glorious banner of the Union, in
yindication of the constitution and the su-
premacy Of the laws over the advocates Of
faction and the champions Of violence
To preserve the constitution inyiolate, and
yndicate the supremacy Of the laws, is the
first and highest duty OF every citizen Of a
free republic The peculiar merit of our
form Of government over oil others consists
in the fact that the law, instead of the ar,
bitrary will Of hereditary prince, pre-
scribes, defines aud protects all our rights.
In this country the law is the will. the
people, embodied and expressed according
to the forms of the constitution. The
courts are tho tribunals prescribed by the
constitution, and created by the authority
Of the people to detormiue, expound aud
enforce the law. Hence, whoever resists
the final decision Of the highest judicial tri-
bunal aims deadly blow to our whole re-
publican system Of goyernngnt--a blow,
which, if successful, would place all our
rights and liberties at the mercy nf nassions
anaFehy and violence l'repeat, therefore,
that il resistance to the decisionof the Su-
preme Court of the United States, in
matter like the points decided in the Dred
Scott ease, clearly within their jurisdiction
as defined by the constitution, shall be
forced upoa the country as political issue,
it will become distinct aud naked issue
between the friends and theNeaenies of the
constitution---the friends md the enemies
of the supremacy Of the laws. q
The case Of Dred Scott was an action Of
trespass, ui ef arusis, in the Oircnit Court of
the United States for the district Of Mis-
souri,, for the purpose Of establishing his
claimato be a free man, and was inken by
writ Of error,oa the application Of Scott to
the Supreme Court OF the United States,
where the final deeisioa was pronounced
by CHIEF Jastiee Taney. The facts Of the
case were agreed upon and admitted to be
true by both parties, anll were in substance,
that DPed Scott was a negro slave in Mis-
souri,; tllathe went with his MASTER, who
was an officer in the army, TO Fort Arm
strong, on Rock Island, aud thence 70 Fort
Snelling, on the west bank1of the Missis-
slppi river aud within the country covered
by the act Of Congress, known as the Mis-
souri, compromise and thence be re-aceom-
panied bis master 10 the State of Missouri,
where he has since remained slave Upon
this Statement OF facts two important and
material questions arose. besides several
incidental and minor ones, which it was in
cunbent. upon the court to take notice OF
and decide. The court did not attempt to
avoid responsibility by disposing of the
case upon technical points without touch
lug the merits, nor did they go out Of their
way to decide questions not properly be
fore them and directly presented by the
record. Like honest and conscientious
Judges, as they are, they met and decided
each point asi arose, and faithfully per-
formed their whole duty and nothing but
their duty to the couptFy by determining
all the questions in the case, and nothing
but what was essential to the decision Of
the case upon its merits. The State courts
Of Missouri had decided against Dred Scott,
and declared him and his children slaves,
and the Circuit Court Of the United States
for the district of Missouri had decided the
same thing in this very case which had
thus been removed to the Supreme Court
Of the United States by Scott, with the
hope Of reversing the decision Of the Circuit
Court and securing his freedom, II the
Supreme Court had dismissed the writ o.
error for want of jurisdiction, without first
examining into and deciding the merits o.
the case, as they are now deaouuced aud
abused for not having done, the result
would hare been to remand Dred Scott ano
his children to perpetual slavery under the
decision which had already been pronounc
ed by the Supreme Court Of Missouri, a.
well as by the Circuit Court Of the Unitec
States, without obtaining Adhesion on the
merits Of MS case by tho Supreme Court o
the United States, Suppose Chief Justice
Tauey and his associates had thus remand
I. - .