The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-10
Tho Nrcd Scott CaSes
OPINIONS OF JUDGES M'LHAN AND CUztIS.

OPINIONS OF JUDGES MLHAN AND OV2trS.
wAsmsoros, March =, 1857.
Associate Justice Mclean proceeded 70 express BIZ
views In the case Of Dred Scott Against ssndfsrd. Amer
stating the facts relative TO the subeo the plea TO
rsdictsu b radically detective II had never been held
neoessary that 70 constitute oittsen should have
the qualification Of elecsor Females and minors may
sue in the federal courts and may an individual who
hs biz domicil In the State in which hs may sue. Ths
most general oednon Of . citizen 10 . freeman. Tn
plea does not show Dred Scott to be slave Il does
follow man II not rree whose ancestors were slaves
IL was sad ooiored citizens are not agreeable member
OF society; but this matter OF taste than OF
law severa Of the States havc admitted such persons
TO the right Of suffrage, and recognised them oxsus
and this has been done In slave well ~ In FREQ
States. On the subject Of citizenship we have MT
been very fastdious Under tho late trcasy
with Mexico we have made citizens OF oil grades,
combinations and oolors. Tho aane WAS done In th
OF Louisiana and Florida NO one ever doubted
nor court held, that the uhAbits1ts did NOT become
citizens under the treaties. They have become csens
without being nsturaix-d.
bas been held that slavery exAt only In territory
whsrc IL has been esta blished, and beyond that ths
master cannot susts;n himself save by some oxpres,
stpuistioo. There 10 NO ration In Europe which con
siders tse bound 10 return the master his fugitive ssvs
under the civil Law or the Jaw Of nations The slave Is
held 70 be free where there is treaty obligation or
oontEsot to return him 20 his master. In the osse
P''eg against tue State OF PeDnsy lvana the OF
slavery Is deemed TO bs . more municipal regulation,
founded and limited to the range or the State whiou
epacts This was the decision Ia the Of Somerset
10 England, which wss decided before the American
slavery the States or 10 regulate what Is com 'n
oaled the slsvs trade among the several states We
know that James Msd:on-,e't great and so'd man
labor a. - ersens," and not ~ property. Whe he
Judge hcLsaD) agreed that ths gevcrnmsnt WAS not
made for the 90 Or0d Jet many OF them the New
England exercised the right Of sur,ve when the
stuton was adopted and II not douoed that its
tendency would be to smeorste the condition Of that
race Many Of the States took measures to abolish
slavery and II 10 we'll known fact thst the belief
cherished by leading men. both Of the South aad She
North that the institution OF slavery would gradually de-
cline. until should become extinct
All slavery has is origu against natural right.
In makicg the necessary rules ana regulations re-
spectpg the public lands territorial emp,rsry
COVE rnment requisite Congress has the power 10
tablhh It. The power to acquire carries with tue power
to govern Congress osn exercse no power prohibited
by the constitution has power regulate the 10
Nrpsl concerns Of ate II Congress- deem eisvss or
rec pe,soes , o. soSr sS Injurious to Isr,y hS tue
Where territorial government has been established
slave territory has uniformly remained Ia that
teudtd ~h Satisfactory results. Toe sovereignty OF tee
federal government xtends TO Gil territory OF lhs U1ssd
states We cave the riset 70 stq1ire territory We
exercised. the constitution framed for the vooIe
country. and the prohibcu o! slavery north OF ce 80
was constitutional Where there 10 no local Law estce
shirg slavery he master cannot control the will OF
slave oy force ana the preeum pon Is favor OF freedom
lie master going into territory does carry wio
him the Law OF the state from whah be slave
~ be reDcated-W property Ia humsn bcngs-dccs no,
sriss from The lnte,nsioos or common law, bu; fiom
fcv the argument that ibis exclusively 1issout
question Dfed Scott AMI bis family FREQ under De
who stevirea nu rreedom by his r. smsval 10 snota.r
stair cannot be reduced TO slavery ny his returning
the stats fom which be em'gr.ed. sosr from shli be
ug merely Mesorri case, IL 10 ono when under
the twenty 1to otton ot the Judiciary art and tnsrs
re may be bopght for the revision OF ihs court from
the eupr,m, O,urt OF the state of Missouri.
Associate JusCcs Our,s gave b,s for disent
rg from the majority OF tho coao Tue question r
whttner person Of Aricsn se,cSns can BE- oaessa o.
citzer the Unih sisiss al III time OF the adoption"
OF tLst .omeu referring 70 thoss sho ~sse oits
the ozeps OF the siscs under the
ciz.ts Of ,be Ur,tcd states ,ho constitution
Massachusetts,, New York. and North g.ro
line, de1ococed nom the African not only OFT
rsns, but possessed the franch se Of electors eqps
terDs wiib other or vble citizens rhosc ool0red pes
sooa not only ipoleded with tho body white pa.
sons 10 the adoption cf toe constitution bet bad the
power 10 I'D AID scs In s adoption Under tbs oonslu
ion svers fres pe,son born on the soil o, State saa
made cuEsa BY force Of is constitution aad dlsvs cL
rem Of the u,ied sa'c- Havinr stated the ground Of
opinion snd explained The provisons OF the constitution
be ssh s c,t'zsu a the OF the adoption ot
'hs; inrsrument was recognised, and no power vas
any Of his franchise n 10 no, true 10 pon, OF FAC,
hst The constitution made exclusively BY and for
~bi.s people The preamble openly declares thar the
ccostduor formed IN order 70 20 the p,ope
Of the United States ard their pciery the blessings Of
gbcriy, snd for the ocsw,d c,tr,ns Ia nvs Of Tue
sa,es thsy were among ttos, rr whom the constitution
wss oydareo and esahishtd. Color IN the op,non Of
,h. framrre o the consu rton, NOT 10 n,n
si,u,c ozen,nip urder ,ae ccns'utop Of Gao United
oocred psops eu,ens bas been acted upon In repoaea
'nsiancefiu tire treaties with the Choosws, tho Chs,o
s,ysyss s0e hS o.rs opoen.oss Sssi ,ss fl,s %
nstive born citizens OF each state nj the formation OF he
eonnuos osssne Tnssns ,, 2, .no ualea ss.s M taa,
rz OF hosc States, were also citizens OF the Uncd
'taits. That every such ci'iz-- residing In any STAT,
has the goi 70 sue AMI 70 be sued In the federal court Of
The ss's IN which he resides A. the plea 10 Juusdo
lso, In th shows fsot exoeps African dc
;. s sa nc, m s0s ,.,o ~ 10y. c,n e.so
Tor hasour ipoorrecs He thereors diseDtot from
Ihe opron OF The majority Of tho court that Rrsop o,
he cid not believe the opniors c the Curt auesuous
noi leeihmaseiy before TO DO binding He believed,
ns,r,,,ped ih.i unser ,he sv cf p..oa,, prei s,,r
and his nmy we're free parsons thsr rcur, 10 tha
state. There was nothrg IN history OF In the language
of The corsauiou which rtstra,ns the powsr mako a
reeciu snd regulations respecting tha tsrrory OF
TIE Uncd states to sueh territory only vued By
II. United the time Of the adoption OF the con
,tiu,on He VA, not aware THAI such surssstou hsd
ever before been made Fouy dsocs .sguissons OF ter
ritory have been made and ell sses for med upon them
ave been admitted into the Union. sush oontran,ec
that 10 which he refsrrst inconsistent
with the nature and purposes c tbs Constitution
IN iu hrkus9o ne Noufo cfNstue oat chuse
of the orstutop Tho, Ger grcss shall have power "
" axe All reedru ruks AMI regulations csoecsus those
tracts Of county Without the limits o. the Uncd States
ard which The Tinted sstes have may acquire By
s'op 90 we'll d jursiicon ~ Of son 90 far the soil
10 the property OF the parties msklnx ths css,on Con-
eess has rover 70 icesae With regard 10 tue territories
until they shal apply for admission into the Uniou
satss. The hvs must Re "nesdful" and are len N
legislative dncrc,on nsrs s.e two ossses OF acts and
eight distinct ipstspces bcsinn'ps with The drs Con
and coming DO 10 1893 Congress has escluded
slavery rom NE rrtorics snd here are sn dissisoi ia
stances In vhch Congress has orFarzcd govcvpmcus for
Territories, ard recognized siavtrv and continued a
ihercn aso teennrg with The hrst Congress and con-
pg dowr 10 1874 These sets signed by seven Pre-
sircrss coming regularly down from washneou 10 John
Quincy Adars tbrs including all those " no In pub
No ne When the constitution was adorted. This should 4
have much weight tho question Of construction aud
vspld be dcuh Yes'st the rorce q the acts 10 whsb
veo yepre yes made Hh opirton was the deoksoo of