Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1857-07-17
Jadg Douglas, sp eech.


House This address was made in pursu
ance of an invitation from the U. s. Grand
Jury. and the topics to which it was spe>
cially devoted. were LIST. The Kansas
question g. The bred Scott case and
3. Utah and its present condition. We
regret that our limits forbid US from pre-
senting this able and luminous discussion
of these important subjects to our readers.
We have read nothing in which a more
thorough and candid examination OF CO.
temporary questions has ever been made,
and we cannot withhold the expression OF
our admiration of the boldness with which
Judge Douglas has yindicated those great
principles, with which his own name has
been so honorably connected. His main
tenance OF the fundamental principles of
the Kansas Nebraska law, is too we'll
known TO make it necessary to quote the
portion Of the Springfield speech which
refers to Kansas. But the summary he
presents Of the bred Scott case is so con-
else and vet comprehensive, that we pre-
sent it as furnishing the best view OF the
principles settled in. that case we have
seen. and as such worthy the attention of
all who wish to know the merits of pro-
baby the most important adjudication
yet made by the Supreme Court.
The case of bred Scott was an action
Of Iespass. NJ ct aTnis, in the circuit court
Of the United States for the district of
Missouri for the purpose of establishing
his claim to be free man, and was taken
by writ Of error on the application Of Scott
to the Supreme Court OF the United
States, where the final decision was pro-
h,, -, Gnka
facts Of the case were agreed upon, and
admitted to be true by both parties. and
were in substance. that bred Scott was a
negro slave in Missouri; that he went
with his master. who as an officer Of the
army. TO Fort Armstrong, on Rock island;
and thence TO Fort Smelling, on the west
bank of the Mississippi river and within
the country covered by the act OF Con-
gress and known as the Missouri Compro-
mise aud thence he re-accompanied his
master to the State of Missouri, where he
las since remained a slave. Upon this
statement Of facts two important and ma
terial questions arose. besides several in
cidental and minor ones, which it was in
cumbent 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
ing the merits. nor did they go out of the
way to decide questions not probably be-
fore them and directly presented by the
record Like honest and conscientious
judges. as they are, they met and decided
each point as it arose. and faithfully per-
formed their whole duty, and nothing
but their duty. to the country by deter
mining ell the questions in the case, and
nothing but what WAS essential to the de-
cision OF tho case upon its merits. The
State courts of Missouri had decided
against bred Scott and declared him and
his children slaves. and the circuit court
of the United Ssates for the district Of
Missouri had decided the same thing in
this very case. which had thus been re-
moved 10 the Supreme Court Of the Uni
ted States by Scott with the hope of re-
yersing the decision of the circuit court
and securing his freedom. II the Supreme
Court had dismissed the writ of error for
want Of jurisdiction. without first examin-
into and deciding the merits of the case,
as they are now denounced end abused
for not having done. the result would have
been to remand bred Scott and his chill
dren TO perpetual slavery under the de-
Ci6ion OF tho supreme court of Missouri,
as well as by the circuit court Of the Uni
ted States, without obtaining q decision
on the merits Of the case by the Supreme
Cour. Of the United States. Suppose
Chief Justice. fancy and his associates
had thus remanded bred Scott and his
children back to slavery on n plea in
abatemant or any mere technical point
not touching the merits of the question.
and without deciding whether under the
constitution and laws as applied to the
facts Of the case, bred Scott was free
man or a slave, would they not have
been denounced with increased Yirulence
and bitterness on the charge of having
remsnded bred Scott to perpetual slave-
ry without first examining the merits on
his case aud ascertAining whether he was
q slave or. not %
If the case had been disposed of in that
way, who can doubt that such would
have been the character Of the denuncia-
atoms which woul d have been hurled up.
on the devoted heads Of those illustrious
judges with much more plausibility and
show Of fairness than they are now de-
nounced for having decided the case fair
ly and honestly upon its merits
The material aud controlling points IN
the case those which have been made
the subject of unmeNsured abuse and de:
nunciauon-m"y be thus stated
list. That under the constitution Of the
United States, negro descended from
slave parents is not. and cannot be, Cit
izen OF the United States.
Cd That the net Of the 9th Of March,
1920. commonly called the Missouri Com
promise act, was unconstitutional and
void hefnre il WAS rennaled by the Nehras.