Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-04-24
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The last. number Of "Brownson's Quarter
iy Review," which isincomparably the ablest
Rohanist journal on this side Of tho Allan
tic, contains severe rebuke Of Mr.. Chief
Justice Taney for his decision in the Dred
Scott case. The rebukc, coming from such
a quarter, must have surprised those who
know how hostile DR.. Brownson has shown
himself, for nearly twenty years past and
continues TO show himself to every form Of
Auti-Slavery agitation outside Of the Slave
States, and how swift ho has been to apollo
gizc for outragcs hitherto perpetrated by
the Slayeocracy. Yet it obviously appears,
that both the Rcpublicanism and the Cath
olicity even of DR.. B., have been equally
outraged by the stride taken in tho direction
aliko Of despotism and Of heathenism by
his eminent Papistical brother who pollutes
the place once adorned by Marshall. He
denounccs the alleged grounds of that de-
cision as subversivc, at once, Of tho Consti-
tuition, and of the teaching of tho Catholic
Church, and such, therefore, as no truo son
of that Church either could, would, or
should have sanctioned. We have room for
only tastc of the learned reviewers obser-
vatons. He says:-C Clev. Herald.
"Mr Chief Justice Taney rests the opinion
| of tho Court ON tho estimation in which the
negro was held at the time the Union was
formed. They were regarded as not fit as
sociates socially or politically for white men,
as having no rights which white men were
bound to respect, whilo nobody denied that
they might be bought and sold as an ordi-
nary article Of merchandise. Suppose such
was the fact what has that to do with the
question: Is it anywhere Incorporated into
tho Constitution of the Union, or recog-
nizcd by the laws of tho United States 3
} OF course not. Then it cannot be cited
against the rights Of FREQ negroes under the
Federal Government.
"But wo dispute the fact. There can be
no reasonable doubt that Mr.. Jefferson and
many others when they declared all men
created equal intended the principle thus as
serted after Pope Alexander III, should
apply in its fullest extent. Mr.. Chief JUS
tice Taney is Catholic, and knows that
from 1852 the Popes have condemned, on
pain of communication, the reduction of
African negroes to slavery, and he knows
that Mr.. Jefferson, in his draft of the Dec
laration of Independence, enumerated among
the things which justified the Colonies in
severing the tie which bound them to Great
l Britain aud in casting off their allegiance tc
the British Crown, the fact that the Grown
T had refused to assent to laws prohibiting
the importation of Africans to be held a;
slaves.
: "Mr. Chief Justice Taney seems to us tc
proceed on the assumption that negroes arc
politically and legally degraded race ii
the Union; but such is not the fact y
We regret that in giving the opinion of the
Court the learned Judge did not recollect
what he is taught by his religion, namely
the unity of the race, that negroes are men
: and therefore as TO their rights must be re-
garded as standing on the samo footing
4 with white men, where there is no positive
A or municipal law that degrades them.-
It Here is what we dare maintain is the erro1
s of the Court. We admit that negroes, bu
g not negroes any more than white men, ma.
IS be reduced by positive law to slavery, bu
:, planting ourselves on the Constitution, an'
e natural right, as expounded by the Churcl
y and the Common Law, we maintain, an,
n will maintain in all Civil Courts, that wher
d no such law reduces the negro to slavery
, he is a free man, and in the absence of a
a municipal regulations to the contrary ha
! equal rights with the white man. Neithe
IS race nor complexion disablcs man under ou
# Federal system. The opinion
belongs to an epoch prior to the introduc
y ton Of Christianity, and is moro in accol
Of dance with the teaching of Aristotle tina
Q with that of the Gospel. w
II do protest against an opinion which place
d negroes as such not only out of tho pal
); of our Republic, but out of the pale of hu
a manity. If opinion once went that length,
re was the business of tho Court TO brand
,e with its disapprobation, and not to reco!
v nize it as law"