The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-03-12
DRIED SCOTT CASE.--DISsENTING OPINIONS OF
JUDGES MCLEAN AND CURTIS.

JoDuES MCLEAN AND COhIlS.
Associate Justice Mclean proceeded TO express bis views
In the case OF bred Scott against Sanford After stating
the facts relative 10 the subject the plea TO jurisdiction
radically defective Il had never been Led necessary
that to Constitute csena MAD should have the qualih-
cation Of an eec9r Females and minors RAY quo in The
federal eoar and so may individual who has his dom
icl in the State in which he may The most general
definition OF citizen is freeman The plea does not show
Dred Scott 10 be slave IL does not follow man IS not
free whose ancestors slaves Ii said coored cii
Gems are not agreeable members of society but this was
mere matter OF ste than Of law Several OF the States
have admitted such persons to the right OF suge and
recognised them as citizens and this has been done in
Save we'll ia free States 90 the subject Of citizen
ship we have not been very fasdious Under tire late
treaty with Mexico we have made citizens of all grades
combinations and color The done in the
of Louisiana and Florida. No one ever doubted nor
court held that the inhabitants did not become citizens
der the treaties They have become citizens without being
naturazed
Throughout the continent of Europe without exception
has been held that slavery exist only in territory
where E has been established and beyond that the
cannot sustain himself save by some express spul op
There Is nation in Europe which considers itself bound
to return the master his fugitive slave under the civil law
or the law OF nations The slave is held TO free where
there IS no treaty obligation contract TO return him to
his master In the case OF Frgg against he State OF Penn
sylvana the state OF slavery is deemed to be NUM-
cpa regulation founded and limited the range of the
State which enac's IT, This the decision in the case
Somerset in England which decided before the Amer
icaa revolution Congress has TO interfere With
slavery in the States, to regulate what is commonly
called the slave trade among the several States We know
that James Madison-that great and good maa-was par
cuar to gard slaves escaping from service labor
persons" and property While he Judge McLean)
agree that this not made for the cooed
race yet many Of them in the New England States
csed the right of suffrage when the constitution
adopted aud it doubted that is tendency would
be amsliorae the condition of that Many of the
Staes took measures TO abolish slavery; and it is we'll
known fact that the belief cherished by leading
men, both Of the South and the North that the institu
ton OF slavery would gradually decline, until it should
become extinct
A Fl, Iao; - - eli
If in making the necessary rules aad regulations re
speeding the public lands territorial temporary gov
ernmant is requisite Congress has the power TO establish
IT, The power TO acquire carries with 1t the power to
govern Congress exercise power prohibited by
the constitution, has it power regulate the in'er
nal concerns Of Sac If Congress deem slaves or ce
persons Of color injurious TO Territoryt has the power
10 prohibit them from becoming settlers therein. Where
territorial government has been established on elaye
territory it has uniformly remain in thai condition so
when the territory free and this was attended with
satisfactory results. The sovereignty of the federal gov
eminent extends 10 all territory of the United States If
we have,he right to acquire territory we have the right
10 govern it and this has always been exercised The
constu ion framed for the whole country, and the
prohibition OF slavery north of 80 80 constitutional
Where there is no local law establishing slavery, the
master cannot control the will of the slave by force end
the presumption is in favor of freedom. The master, in
going into Territory, docs not carry with him the law
of The State from which he removes Slavery, he re-
peated property in human b,pgs, does not arise from
the international common law but from mun-
cpa regulation. There just ground for the argu
ment that iniS exclusively MS0urt question:
Scott and his family free under decisions given with
in the last twenty eight years. slave who acquires his
freedom by his removal to another State cannot be
duced slavery by his returning to the State from which
he emgra,ed So far from this being merely Missouri
case it is which under the twenyh section
of the Judiciary act and therefore, may be brought for
the revision of this from the supr, OF the
State of Missouri
Associate Justice Curtis gave his reason for dissenting
from the majority of the court The question is, whetfe
person OF African descent be citizen of the United
tbal N,tt
the United States at the time of the adoption of that in
strumen eier ing 10 those who cit zena under the
confederation. 1t may, therefore, be saey sad the c
of the several States under the confederation cit
zens Of the United States und the cons ituon. it ia
fact that all the free natvcborn subjects of New Hamp-
shire, Massachusetts,, New York, and North Carolina, de-
scendei from the African race not only ems, bn
possessed the fran hse OF electors equal terms with
other white cit zens Those colored persons not
only included with the body Of the white persons in the
adoption of the constitution but had the power to and did
10 its adoption Under the constitution every free per-
son bern the soil Of State, and made citizen by
force of lis constitution and laws is citizen of the United
States Having stated The ground of bis opinion, and
pantd the provisions OF the constitution he said that
every citizen at the time Of the adoption of that nsru
ment was SO recognised and no power was conferred to
discriminate between color deprive any of his fan
chse. 1t is not true in point of fact that the constitution
was male exclusively by and for white people The pre-
ambe openly declares that the constitution was formed
order TO to the people of the United States and
their poaerly the blessing of liberty and fer the col
orcd city in FIVE of the STATES they were among those
Wnou was ordained ana eSuaOiisheO.
Color in the opinion of the trainers OF the constitutions
not necessary constitute citizenship under the
stuton Of The United States and it might be added that
TO make coored persons citizens has been acted
in repeated nstanccsn the treaties with the Choc
laws the Cberokee and that of Guadalupe IIidalgo in
l648 And he arrived at the following conclusions
l. That the free naveborn citizens of each State the
formation of the constitution became citizens of the United
States That free cJlored persons born within some of
the States aud citizens of those States also czSns
of the Upitd States That every such citizen residing
in Sac has The right to and be sued In the fed
era court of the Stale which he resides A. As the plea
to jurisdiction in this shows fact except Ari-
descent aud this fact Is not nconsis with ci-
zenshp of the United Satcs the decision Of The circuit
court for Missouri incorrect He therefore dssented
from the opniou of the majority of the court that per-
OF the African cannot be citizen Of the United
Stats He did not believe the opinions OF the
questions not egtmately eore it TO be binding He
believed however that the court has jurisdiction this
and maintained that under the law of Missouri bred
Scott and his family free persons their return
to that State There nothing in history ia the
language of the Constitution which resIans the power
to make all needful rules and regulations respecting
the territory Of the United States to such territory
only owned 10y the United States the time OF
the adoption of the constitution. He not that
such suggestion had before been made. Four
distinct acquisitions Of territory have been made and six
States fcrmed upon them have been admitted into the
Union Surh contracted construction that to which
he referred Inconsistent with the nature and
OF the CONSTITUTIONS expressed in ita language He would
consue that clause OF the constitution thus Congress
shall have to make all needtn rules and regulations
respecting those Of country without the limits Of the
United States and which the United States have may
acquire by ccsson well Of Jurisdiction Of sol so lar
as the soil is the property of the parties making the
sion. Congress has power to egsate with regard the
Territories until they shat apply for admission into The