The Washington union., 1857-06-04
THE DRIED SCOTT DECISION.

in compliance with what we have heretofore prom
ised, we shall now proceed to make such comments
upon it as our reasonings reflections, and judg
ment have impressed upon us in regard to this truly
important subject. This review is not mere resume
of the opinions and reasonngs OF the supreme judges
but, in many respects we have followed own
reading and construction of the constitution and the
laws and in applying them to the state Of facts as
to the following conclusions
We shall examine this decision with strict refer
ence those immutable principles of law which
as deep-rooted and as distinctly and broadly recog
Missed throughout the civilized world, those of
Christianity, uninfuenced by our wishes, or sympa
thies or considerations of partisan character With
out expressing opinion upon the propriey or policy
of slavery it has existed from the early history of
the Jews, when Josephs brethren sold him into Egyp-
tian bondage, and more recently throughout Africa
Europe, and most of ASIA and prevails over
more than half of the habtable world, we shall con-
slider the facts as they known and search for and
apply the law as it exists and give views Of the
principles upon which the decision rests.
In much of the Old World slavery has been con-
fined to the white race. In portions of it, and
in Spanish America, it has included the negro, and
in much Of the latter the Indian; while in the United
States it has been limited to the African race. 1t
undeniaby had legal existence in the American
colonies before the revolution, and lawfully contin-
ues in portion of the States, with several clear
recognitions in the national constitution, as well as
in laws of Congress and of different States
and in the decisions of courts.
This case involves the law regulating the relative
rights and duties of master and slave under the cir
cumstances stated in the record. Scott was a slave
in Missouri was taken by his owner, an officer in
the army, to the military post Rock Island; re-
NAMED there two years; went to Fort Smelling, in
the Territory of Wisconsin, part of the Louisiana
purchase, where he married to slave woman
and then returned to Missouri where they and their
children remained in servtude fourteen years, when
he sued for freedom in the State court, in which the
final decision against him. He then before the
perfection Of final Judgment, instituted suit for the
same purpose in the United States circuit court.
The trainers of our national constitution distribu
ted it's powers in three divisions, the executive,
legislative and judicial comforting upon the latter
very limited jurisdiction. BY the Judiciary act the
cases "betwecn citizen of the State where the suit
is brought and citizen of another State" TO show
that the circuit court had jurisdiction, Scott alleged
that he was a citizen of Missouri and the defendant
Of another State The defendant plead that the
plaintiff was the descendant of Africans who had been
slaves in this country; to this plea the latter demur
red, and it was adjudged bad and the former
pleaded over, and the cause then on the agreed
facts above stated decided against the plaintiff upon
the merits, and judgment given against him for COSTS
and thereupon he brought writ Of error to the Su-
preme Court, where it was held
lst. That facts stated in the overruled plea showed
that the plaintiff not citizen, and, consequently
that the circuit court had no jurisdiction.
I'd. That not having jurisdiction under the plead
ings, and the agreed state Of facts not showing
citizenship to give it, the circuit court had no
authority render judgment against the plaintiff for
costs The Supreme Court, having full power to
rect errors apparent upon the record after declaring
that the circuit court had jurisdiction, corrected
that of rendering Judgment for costs without ade
quate authority.
Two questions were prominently before the court
lst. Was the plaintiff free by reason of having
been taken to Illinois and Wisconsin?
3D. Was he citizen entitled to sue in the circuit
court?
Opinions were delivered by each of the nine Judges
and those of Chief Justice Taney, Justices Mclean
Daniels Curtis and Campbell extend to all the points
argued and determined by the judgment of the court
as given by the Chief Justice.
1t was conceded by the counsel and held by the
whole court, that slaves not citizens
1t admitted that the plaintiff was originally
lawful slave and it rested with him to establish his
freedom without doing which the question of his
citizenship could not arise upon the evidence though
it might pleadings. This imposed upon the court
the necessity of considering the effect of his soourn
at Rock Island and Fort Smelling the former being in
free State, and the latter north of the Missouricom
promise line II was denied that the laws of Illinois
deprived the of his property rights in the
plaintiff and it was contcnded that the law estab-
fishing the compromise line if it had such effect was
unconstitutional and void II is thus apparent that
the argument and decision involved the effect and
extent Of operation Of the constitutions and laws of
Missouri and Illinois, and Of the act of Congress fix
ing the compromise line well the power of Con-
gress to enact the latter which reenacted in es-
tablishng the Territory of Wisconsin.
l. Does taking slave from State where he is