The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-05-27

and even the strong arm OF lawless faction
may be lifted in defiance of the constitution
al authority of that Court. Yet it will still
survive, and be proudly looked upon as the
guardian of the peoples rights, long after IFS
assaiIan,s have passed into oblivion. Afar
from scufiling parlisaus, unawed by the res.
tive murmurs OF reckless demagogues, and
unseducee by tte Establishments Of place or
power, that fearless ard independent iudci.s
ary, which has always been the glory Of our
free and happy country, will still continue
10 perform its acknowledged constitutional
functions and enunciate those great princi-
pies Of government upon which our nation
al fabric was founded.
II is not our purpose, in thus expressing our
views and opinions, 10 attempt vindication
of the Supreme Court of the Uhied States,
or lis decision. We feel satisfied that time
will prove the soundness of the latter, as well
as The wisdom OF its authors. Believing,
however, that the majority report does not
present the case which originated this dis.
cussion in fair and proper light, ii becomes
our earnest duty 10 examine, as briefly as
possible, the imporlan, question introduced
into this body by the resolutions now under
consideration.
What are the facts in this cases The rec.
ord shows the following: CDR. Emmerson,
a surgeon IN the army Of the United States,
while stationed a, jefferson barracks in the
year 1884, held negro slave, named Dred
Scott, under the laws Of Missouri. In that
year, Emmerson took Scott from Missouri 10
the military post at Rock Island, iI the free
State of Illinois, and held hin there as q
slave till 1896. Al the Time last mentioned,
Scott was removed by his master 10 the mil
iary post at Fort Sneing, in the Territory
of Minnesota, situated on The west bank of
tho Mississippi river, IN the Territory known
as the Upper Louisiana, acquired by the
United States from France. In The year 1885,
Major Taliaferro, of The United States army,
took female slave, named Harriet, 10 Fort
Smelling, the military post before mentioned:
and sold her 10 DR.. Fmmerson, and in the
following year she married the said Scott
with, the consen, and appreciation OF his
master. Two children, Eliza and Lizzie,
we're the fruits OF lha, marrage-lhe one
born on board the steamboat Gipsey, north
of the north line Of The State Of Missouri, on
the Mississippi river, and the other al Jefier'
son barracks, in Missouri. In 1888, DR.. En-
merson removed Scott and his wife and
daughter, from Fon Smelling, back TO the
5rate of Missouri where they have since re-
sided, and where their second child, Lizzie,
was born. Before the commencement Of
this suit, Dr. Emmerson sold and conveyed
the said Dred Scott and his family, 10 Mr.. ].
F. A. Sanford, as slaves. under the local law
oil Missouri, who subsequently, left that State
and took up his residence in New York. The
record, also, shows lha, at certain times MIR.
Sanford, claiming 10 be the owner Of said
Scott and his family, laid his hands upon the
latter and imprisoned Them, dong in this re-
spect, however. no more than what he might
lawfully do If they were Of right his slaves"
Alter Sanford's removal to New York,
Scott instituted suit against him in ST. Lou
is county, Missouri, in the Circuit Court OF
the United States, under the judiciary acl of
1889, in the form of an action al common
law, for trespass vi Ell armis and false impris-
onmen,. The Court decided the suit against
the plaintiff, and on an appeal the case was
taken 10 the Supreme Court OF The United
States. After an able and elaborate arsu-
meni on both sides, The opinion OF the Court,
sustaining the Court below. was delivered
by Chief Justice Taney, and concurred in
by five OF his colleagues-namely Justices
Wayne, Catron, Grier, Daniel and Campbell.
IL is source OF much regret that We have
not before US an authorized copy Of the opn-
ion, and in ils absence we are compelled 10
take The repor, as it appeared in the daily
journals. Upon an examination Of that de-
cision we discover two leading points, viz
First. That negroes, whether slaves or
free-lhat is, men of the African race-are
NOT citizens of the United States within the
meaning of the second section of the fourth
article Of the Constitution.
Second That the legal condition of
slave is moi affected by bis Temporary sojourn
10 any other State in this confederacy; but
on his return into slave State, his former
condition of slavery, TO all inents and pur-
poses, re attaches TO him. -
/. The first point decided is one Of vast
importance TO the people of this Uuion, and
cannot fail 10 exert powerful influence
throughout the United States. 10 the msjor-
lily report we find this proposition stigmaiized
as "noveI and startling" snd "conirary TO all
past history and judicial precedent" This
assumption we hold 10 be entirely uniounded,
and assert that our "past history" establishes
just the reverse. In sustaining this position
the Chief Justice argues the question in the
following manner:
"They who framed the Declaration OF In
dependence were men of too much honor,
education and intelligence 10 say what they
did not believe; and they knew that IN no
part of the civilized world were the negro
race, by common conseEt, admitted 10 the
rights Of freemen. They spoke and acted
according 10 the practices, doctrines, and
usages of The day. That unfortunate race
was supposed TO be separated from the
whites, and was never thought or spoken of
VI -