The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-03-27

arthcr, as hold that o Court having no
over TO decide the case, or to deal with 10
n any way further than 10 docket and dis
mis- it, has no right to discuss tho merits,
. no jurisdiction exists 70 give Judgment
N them. But, q I hold that there 3 ju-
isdiction 10 decide the merits, I viii pro-
eed 10 examine the case.
Justice Curtis took Q similar view, and
II We understand him correctly,
hat he should not hold the opinions ex-
dressed by the Court, on the issues arising
tut Of the case and is merits, a. decisions
ipon them. And such, We understand,
$ the opinion Of Justice Mclean.
Ii follows, that the editorial statement in
he National In,ei6geneer, below, assuming
hat several important points have been de-
aided, ii entirely erroneous.
- The opinion Of the Supreme Court in
The case Of Scott rs. Sanford, was delivered
yesterday BY Chief Justice fancy. 1t was
! full and elaborate statement Of the views
Of the Court, and decided the following oil
important points
I" /. Negroes, whether slaves or free
that Is, men Of the African race-sre not
Citizens of the United States BY the COnsti.
tuition.
"2. The Ordinance Of 1887 had do in
dependent constitutional forcs or legal ef-
feet subsequently to the adoption Of the
Constitution, and could not operate Of itself
to confer freedom or citizenship within tho
Northwest Territory on negroes not citizens
by the Constitution.
IS. The provision Of the act Of 1920,
called the Missouri Compromise,
in 30 far as it undertook to exclude negro
Slavery from and communicate freedom and
to negroes in the northern part
Of the Louisiana cession, was legislative
act exceeding the powers Of Congress, and
void and Of no legal effect to that end.
In deciding these main points. the Su-
preme Court determined also the following
Incidental points.
" 1. The expression territory and other
property Of the Uuion IN the Constitu-
ton applies in terms only to such territory
rs the Union possessed at the time Of the
adoption ofthe Constitution.
80. Therights Of citizens Of the United
States emigrating into any Federal terrific
~. and the power OF tho Federal Govern.
ment there, depend ON the general -provis-
ions of the Constitution, which define in
this, as in all other respects, the powers Of
Congress.
80. AS Congress does not possess power
itself to make enactments relative to the
persons or property of citizens Of the United
States in Federal territory, other than such
as the Constitution coniers, 30 il cannot
coastitutionally delegate any such powers
to Territorial Government organized by il
under the Constitution.
81. The legal condition OF slave in the
State ofNissouri is not affected by the tenn
porary sojourn Of such slave in any other
State, but on his return his condition still
depends IN the laws Of Missouri"
The simple question decided, was q gres.
tioR Of jurisdiction the elaborate argument
read by Chief Justice fancy, merely pre-
sented the opinions Of the majority Of the
Court on questions not before the Court fol
decision, and tho decision Of which wal
precluded by the declaration Of o want Of
jurisdiction in the premises. So far, thea
US the points named are concerned they an
still undecided by judicial Authority, the
individual opinions Of Justice Taney havip
no more authority in settling what il law
than the individual opinions Of Justio
Mclean.
The decision Of the Court reversing IN
Judgment Of the Circuit Court fer want O
Jurisdiction Is obligatory, becvise a major
ity ofthe Justices concurred IN it-but, how
many concurred in all the pinions express
ed by the Chief Justice, OF in the reason
ing by which he attempted to support them
does no; appear. Judge Grier concurret
only in some OF the ,,ositions taken Judg
Catron, rs We shah see, differed on import
ant points the other Judges Of the major
ity, we learn, have prepared separate opin
ions. The ln.elligencer, therefore, is again
IN error, IN saying, without qualification,
that " the conclusions stated by the Chief
Justice Wire concurred in by six Justices Of
the Court"
With these preliminary explanations, to
which We solicit the attention Of our broth.
rer of the Press, 80 that they may not give
undue importance and weight to mere ex.
pressions Of opinian by members Of the Su
preme Court, we proceed. to speak more
particularly Of the views submitted by them
CHIEF JUSTICE TANEY.
l. In regard to citizenship, the Chic
Justice held tb'Lt negroes and descendants
OF negroes ID this country were not citizens
oil the Poh .ical community, associated un,
der the .rticles Of Confederation or undel
tne Y" ,stitution ut the time OF its formation
rha' unhappy race" was universally re-
ga .ded throughout the civilized world, n
property, subject to be bought and sold, n
merchandise, not constituting an integra
element Of society. Ii was in view Of thi,
prevailing sentiment, that the Congress thai
promulgated the Declaration Of lndepend
ence announced, "we hold these truths to b,
self.eyident, that oil men are created equal
that they are endowed by their Creator with
certain inalienable rights" &c.-a declara
ton not designed to apply to that "unhap.
py race" 50 universally degraded. tn,
same sentiment prevailed when the Consti
tuition was formed, the phraseology in the
Preamble of which, ''we, the people Of the
United States" did not include a class Of
persons universally recognized as subjects OF
property. True, there are n few free per
sons belonging to the race, but not enough
to change the character by which it was
universally recognized. The language o.
the Declaration and Of the Constitution Of
the United States must be interpreted in the
light Of the Public Opinion Of that day, the
trainers of both instruments sharing them,
selves in that Opinion.
This is brief statement Of the reason
ing O. by which the learned Judge reached
the conclusion that negroes and their de-
scendants are not citizens Of the Political
Community, known as "the United States. y
As the Chief Justice soon made il plain q
every listner that, in his opinion, Congress
has no power over the subject Of Slavery in
the Territories, and that slaves arc regarded
as property by the Federal Constitution, we
were not surprised that, in speaking oil
slaves, he never referred to them in tho de-
corous language Of the Constitution, but a.
ways characterized them broadly, Us prop
erty, subjects Of merchandise. This position
being taken, Us if it had never been contest
cd. and was not u question for argument,
and being constantly reiterated in every form
of phrascology, the effect upon the minds Of
those not careful to scrutinize mere assump-
n Il n