Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-03-19
DRED soorr CAsE.-wAsnIsoroS, March

| "
. Associate Justice Mclean proceeded to ex
3 press his views in the case of Dred Scott agains
} Sandford. After stating the facts relative b
the subject, the plea as to jurisdiction ID radi
cally defective. 1t had never been held neces
sary that to constitute citizen, Il man shoult
have the qualification of an elector. Female
and minors may sue in the federal courts, anc
so may an individual who has his domicil in the
State in which he may sue. The most genera
definition Of citizen is freeman. The pleG
does not show Dred Scott to be a slave. IL does
not follow man is not free whose ancestors
were slaves. 1t was said colored citizens are
not agreeable members of society but this
was more matter Of taste than of law. Seve-
raj of the States have admitted such persons
TO the right OF suffrage, and recognized them
as citizens and this has been done in slave as
well as in free States. On the subject OF citi-
2enship we have not been very taStidious. I'm
der the late treaty with Mexico, we have made
citizens of all grades, combinations and colors
The same was done in the cases OF Louisiana
and Florida. No one ever doubted, nor
court held, that the inhabitants did not become
citizens under the treaties. They have become
citizens without being naturalzed.
Throughout the continent of Europe, with
out exception, it has been held that slavery cal
exist only in territory where it has been estab
lished, and beyond that the master cannot sus
tain himself save by some express stipulation
itself bound to return the master his fugitiv
slave, under the civil law or the law of nations
The slave is held to be free where there is IL,
treaty, obligation or contract to return him t.
his master. In the case of Prigg against thu
State of Pennsylvania, the state of slavery il
deemed to be mere municipal regulation
founded to the ran!e of the State which enacts
it, This was the decision in the case of SOM
| erset, in England, which was decided before
| the American Revolution. Congress has no
| power to interfere with slavery in the States, or
| to regulate what is commonly called tho slave
trade among the several States, or to regulate
what is commonly called the slave trade among
the several States. We know that James Mad
ison-that great and good man-was particular
to regard slaves escaping from service or labor
as s'persons," and not as property. While he
(Judge Mclean) agreed that this government
was not made for the colored race, yet many of
them in the New England States exercised the
right of suffrage when the constitution was
adopted; and it was not doubted that its ten
dency would be to ameliOrate tho condition of
that race. Many Of the States took measures 10
abolish slavery; and it is a well known fact that
the belief was cherished by leading men, both
of the South and the North, that the institution
of slavery would gradually decline, until it
should become extinct.
All slavery has its origin against natural
right.
If in making the necessary rules and regula-
tions respecting the public lands, a territorial
or temporary government isrequisite, Congress
has the power to establish it, The power to
govern. Congress can exercise no power pro-
hibited by the constitution, nor has it power to
regulate the internal concerns of State. If
Congress deem slaves or Tree persons OF color
injurious to territory, it has the power to pro-
hibit them from becoming settlers therein.
Where territorial government has been es-
toI1 nI ,,1l,,, lap mi lN
remained in that condition, so when the terri
tory was free; and this was attended with salts
factory results. The sovereignty OF the federal
government extends to all territory of the Uni
ted States. If we have the right to acquire
| territory, we have the right to govern it; and
| this h Is always been exercised. The constitu-
| ton was framed for the whole country, and the
prohibition Of slavery north of SO 30 was con-
| stitutional. Where there is no local law estab-
! fishing slavery, the master cannot control the
[, will of the slave by force, and the presumption
j il in favor nf fr9aden, The ,aaster i.:-gping
into territory, does not carry with MIN Tho
law of the state from which he removes. Sla.
very, he repeated-or property in human beings
does not arise from the international or COM
mon law, but from mere municipal regulation.
There was no Just ground for the argument that
this was exclusively Missouri question. Dred
Scott and his family were free under decisions
| given within the last twenty EIGHT years. A
/
| to another State cannot be reduced to slavery by
bis returning to the State from which he emigra-
| ted. So far from this being merely Missouri
case, ii is one which comes underline twenty
section of the Judiciary act, and, therefore, may
be brought for the revision of this Court from
| the Supreme Court of the State of Missouri.
| Associate Justice Curtis gave his reasons for
dissenting from the majority Of the Court
The question is, whether person of African
descent can be citizen of the United States.
The constitution uses the language, ''citizens
of the United States at the time of the adop-
tion'' of that instrument; referring to those who
were citizens under the confederation. II may,
therefore, be safely said, the citizens of the
United States under the constitution. 1t is a
fact that all the free native born subjects of
New Hampshire, Massachusetts, New York,
and North Carolina, descended from the Airi-
can race, were not only citizens, but possessed
the franchise Of electors on equal terms with
other or white citizens. Those colored persons
were not only included with the body Of white
persons in the adoption OF the constitution, but
had tho power to and did act in its adoption.
Under the constitution every free person born
on the soil OF a State and made citizen by
force of its constitutions and laws, is a citizen
of the United States. Having stated the ground
of his opinion, and explained the provisions Of
the constitution, he said that every citizen at
the time of the adoption of that instrument
was so recognized, and no power was conferred
to discriminate between color or deprive any
one of his franchise. 1t is not true in point of
fact that the constitution was made exclusively
by and for white people. The preamble openly
de clares that the constitution was formed in
order to secure to the people OF the United
| States and their posterity the blessings of lib
erty, and as for the colored citizeus, in iives@
the States they were among those for whom the
| constitution was ordained and eStahlishcd.--
Color, in the opinion Of the trainers of the
| constitution, was not necessary to constitute
citizenship under the constitution of the United
States; and it tmight be added that the power to
| make colored persons citizenshAs been acted
upon in repeated instances-in tho treaties with
the Choctaws, the Cherokees, and that Of Quad
| alupe HidalgO, in 1913. And he arrived at the
| the following conclusions l.. That the free ma
tive born citizens of each State, at the l0rma-
ton of the constitution, became citizens Of the
United States. 2. That free cOlored persons
| born within some of the States, and citizens OF
those States, We're also citizens of the United
States 3. That every such citizen, residing
in any State, has the right to sue and be suet
| in the federal court of the State IN which hi
resides. 4. As the plea to jurisdiction in th
case shows no fact except as to Africa descent
and as this fact l. not inconsistent with citizen
ship of the U. States, the decision of the Cir
cult Court for Missouri, was incorrect. Ht
therefore aissented from the opinion of the ma
jority of the Court, that person of the African
race cannot be citizen of the United States
He did not believe the opinions of the Gour
on questions not legitimately before it TO b'
binding. He believed, however, that the Cour
has jurisdiction in this case, and maintained
that, under the law OF Missouri, Dred Scott ant
his family were free persons on their return t.
that State. There was nothing in history o
in the language of the constitution which re
strains the power to make all needful rules ant
regulations respecting the territory of the Uni
ted States, to such territory only as was owne,