The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1857-03-24
Another Blow Dealt for Humanity.

Ahotner BLOW Dealt for Humanity.
The oppinion Of Judge Curtis, n brief syn.
opsis of which is here attempted, was 2rcpar-
ed without consultation with Judge Mclean.
It's consumate ability, IS in keeping with the
very high, and well deserved reputation OF
that officer. Judge Curtis is a young man,
for Judge, in the very height Of his powers,
he yet lacks nearly three years of fifty. He
received the elementary principles of law
from the lips of Joseph Story and John H.
Ashman. He was engaged for seventeen
years in the practice in Boston, and was ap-
pointed to the Supreme Bench, by Mr.. Fill
more, as conservative, Union-loving man,
who would resist what was then regarded as
the dangerous tendencies of the ant-slayery
sentiment He had been q commissioner of
tho United States, and had shown his willing
ness to enforce the Fugitive Slave Law, con-
sequently, nearly every press which was op-
posed to the compromise of 1850, took occa-
sion to regret his nomination. From the
above facts, it will be geathered that nothing
to be found in the opinion OF Judge Curtis,
can be laid down to bias or undue prejudices,
for his sentiments have always leaned heavi.
ly Southwark.
AS lawyer and jurist Judge Curtis stands
without n peer in New England, and as a
man he is pure, just temperate. and firm
Having said this much Of the Judge, we pro-
ceed to the points made by him in this dis
senting opinion in the case of Dred Scott as.
Emerson. Judge Curtis commenced by
protest against the assumption of the Court
to pronounce upon the constitutonalty Of
the Missouri Comproise line of restriction.-
He stated that such demonstration, foreign
to the record, and to the merits of the case
could OILY be made for political effect, and
was in fact nothing more than declaration
of the opinions of majority of Congress for
the time being, and a declaration of obe-
dience thereto on the part of the Judges, who
give the opinions. He said upon this point,
that
"Tbe introduction Of a decision On the consiitu-
tiona!ity of the Missouri Compromise foreign TO
the question, and according to former rulings of the
court, their opinions on this point were ober di,ta,
and were not entitled TO any judican authority"
He insisted that such q course would inevi-
tably destroy the moral INFLUENCE ofthe Bench,
and Of their decisions. Upon the points en-
tertained by the Court Judge Curtis main
tanned that under and by virtue Of the cousti
tuition, free negroes are citizens, clothed with
a general rights of citizens of the United
States, and entitled by birth and allegiance to
that the deprivation of the elect
tive franchise, or any other like depriyations
which may be emposed by the laws of some
Of the States, cannot divest them Of those
rights, as was instanced in the case Of women,
minors and others, who, though not voters,
arc yet citizens. 1t was admitted by the |
court that free negroes are not expressly ex-
cluded from citizenship by the constitution,
yet it had been argued that the white race
only were contemplated under the dcsigna- !
ton of citizens. In fact, Judge Tany had
that the universal sentiment OF the .
country, at the time of the adoption of the 4
regarded negroes ms property, I
md had inquired how much fact could be
reconciled with their admission TO citizcnsh:p. |
That such was the understanding of its fra
mers, Judge fancy had also insisted was ap-
parent from the subsequent naturalization
acts o: Congress, which remove the disabili-
lies Of foreign birth solely from whits aliens
In reply Judge Curtis observed that, in
i've Of the thirteen original States under the
free negroes wcrc allowed the
privilege of voting, ms well as other rights Of
That their political status as citi-
,ens was not changed by the adoption Of the
constitution, to which they were parties, nor
,ould any legislation Of Congress deprive thea
of the rights which by that instrument were
suranticd to them. He entirely disclaimed
he theory that the constitution was made ex-
,lusively for the white race. The argument
derived from the omission of Congress to in
Jude other race than the white race in the
,cts of naturalization, was rebuttcd by repeat
d instances ir the practice of government,
yhere the rights of citizenship had been con
erred by treaty of Indians, half breeds and
lcgroes. And in the opinion Of Judge Cur
is, the claims of natve.born colored inhab-
ants were stronger than those Of aliens.
The next point in order, considered by
urge Curtis, was the effect upon the relation
# slave and owner, by the tuking Of the slave
With the masters consent, 10 q free State.--
lie exhausted authority upon this point, and,
when he concluded, left in the minds Of those
learing him, an impression Of wonder, that
he question had ever been raiscd He next
onsidcred the power Of Congress TO control
lavory in Territories. He did not rest salts
led with showing conclusively the power TO
ontrol il in Territory as it existed when the
constitution was formed; went over the whole
round, and met and refutcd the sophistries
pon this subject, which politicians devised,
nd which finally, have been picked up by
he Supreme Court Of the United States.
The next deusion which Judge Curtis pro-
ceded to dissipate, was that which Judge
'aney predicatcd upon tho following extract
rom the Treaty with France, for the purchase
1 Louisiana.
.sThe inhabitants ofthe ceded territory shall be
into the Union Of the United States.
nd admitted. 90 soon q possible, according 20 the