The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-08-21
THE MON
EASTERN JOURNAL.
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FRIDAY MORNING. AUG. 81. 1857.
FOR VERN OR,
LOT NJ. N ORRILL,
OF A UG USTA.
FRIDAY MORNING. AUG. 2l. 1857.
Opinion of the 8. J. Court.
Of USTA.

this week the opinion ofthe Supreme Ju-
dicid Court Of Maine in regard to the
citizenship Of colored men as affected by
and involved in the bred Scott decision.
The language Of our State Constitution
being such as to restrict the right Of suff.
rage to those who arc "citizcns Of the
United States" and the Supreme Federal
Court having decided that persons Of Al
rican descent were not American citizens,
it became at once matter OF interest and
Importance to ascertain authoritatively
whether the colored mon of Maine were
thereby DISTINGUISHED. The Senate at its
late session took the wise precaution to
make the matter certain by interrogatin
the Supreme Judicial Court specifically
on the point at issue, and the opinion now
published is in answer to that demand
The opinion is ably and concisely presen-
ted and cannot fail to prove satisfactory
to that sense of justice which pervades the
popular mind Of Maine. 1t places the
rights Of our colored citizens on impregna-
bic constitutional grounds and assigns
reasons therefor, 30 cogent and palpablc,
and withal so plain and simple, as effect
ually to dispose of the sophistrics and
Misrepresentation wherewith Judge To-
ney sought to cover and conceal great
Judicial crime against a defenseless and
unprotected race.
1t is understood that the opinion Of the
Court was drawn by Judge Rice, who, al
though in his political afinities "Demo-
crat in good standing" does not seem dis
posed to take all the dogmas Of the pro-
slavery leaders as the only true political
gospel. We hope his dissent from the
tyranny Of the mere obitr dieta Of a sec.
tional Court will not subject him to un.
kind and ungcnerous suspicious rs to the
strictness and straightpess OF his political
orthodoxy.
The opinion it will be observed is sign
ed by but fire Of the eight Judges. Sep
arate opinions arc given by Justices
Hathaway, Appleton and Davis. Judge
Hathaway dissents in toto, and accepts the
bred Scott decision as the end-aH and be.
all Of Judicial inquiry in reference to the
rights Of the colored man. The leading
idea pervading the opinion Of the Judge
is that of intense Difference and reverence
for all the winks and mods of that august
Judicial Tribunal which holds such sol
emn sessions In the Federal Capitol
Black is black and white is white, to the
sense Of sight, but if the Supreme Cour
Of the nation ruled that the one Is the 9th
er, We are, according to Judge Hathaway
bound as good citizens to shut our eye
at once, acknowledge the authority Of thu
Court and have no individual opinions il
regard to color until the decision is re
vcrsed. The Judge after decorously en-
forcing his point condenses his who'll
opinion into the following paragraph:
"From q careful consideration Of tn
question proposed, | cannot avoid the con
clusion that the decision OF the Suprem
Court Of the United States in the case
Scott Is Sandtord. before mentioned, n
long ~ il shall stand as the final judgmen
of that tribunal, must be held rs legally con
c usivs and binding upon tho several States
and 1t is therefore my opinion that Z" Ire
colvred persons Of African descent, havinl
u residence established In some town IN thi
State for the term of three months next pre-
ceeding any election" whose ancestors wer
Of African blood. and wee brought int
this country and sold us negro slaves, no
being citizens of the United States, are no
authorized under the provisions Of the con
stitution Of this State to be electors for Gov
ernoi, Senator's and Representatives. An,
il 10 also my opirion that all other free col
ored persons OF African descent. II there az
any such in this State. who have tho quail
fc,tions required by law to make free whit
persons electors for those officers, are author
lied under the provisions If the constitution
Of this State, to be electors for Governor
Senator's and Representatives. As coul'
not concur IN the Opinion Of the majority o
the court upon the question presented, II b.
came necessary for me to give my separate
opinion, which Is re pectfally submitted"
The gracious exception which tn
Judge macs in favor Of those free col
ored persons Of African descent "rhose an
ess.ors rere not sold as slapss," may b,
regarded as an instance Of very cheap Ju
dicial libcrality. There arc in fact NJ
such persons, except alphabetically anc
theoretically, unless indeed they be al
lowed the presumption Of free ancestr,
against known and undoubted facts to tn,
contrary. If the onus Of proving slav,
ancestry BY technical legal evidence il
every case be thrown on the party assail
ing the colored mans rights then indeed
are all free colorcd men Of New Engla,t
safe from the disabilities imposed by the
bred Scott decision. Judge Hathawa,
would have done well to have enlarged
upon and ampliaed this point.
The opinions Of Judges Appleton and
Davis although given separately, cannot
be called d,ssenting opinions. Both o.
them agree fully and substantially with
the conclusion reached by the majority o.
the Court, bu. each gives more extend
ed and thorough examination Of the ques,
ton and n moro elaborate argument