American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1857-10-01
what the Dred Scott Case Decided and
What IL Did Not Decide.


The Boston Law reporter contains .
very able and thorough review oftbe Dred
Srott decision. which enable the reader to
know what the supreme Court has deci-
ded in that important case more readily
and clearly than he can learn from the Of
fetal notise ITSELF Those, also, who de.
sire to understand, not merely the points
which the SO called decision really deci.
dsd, but what il did not decide, will do
we'll 10 consult the Law Reporters article.
the author ship Of which is ascribed 10
Horace GIay. IT,. and John Lowell. two
well known gentlemen Of Boston. The re-
suit Of their own investigation Is briefly
stated as follows.
Firsi-As to the question, "Can q negro
be citizen Of the United States?" II has
been commonly supposed that the Couri
decided this question in the negative
This is mistake. From the form in
which It was presented. il is very doubt
ful whether 1t was before the Court for a
descision. Four Of the nine Judges tho't
that il was; these we're the Chief Justice,
and Justices Wayne and Daniel, who an.
swer the question 10 the negative. aud
Justice Curtis, who answers in the affirm
alive. OF the Judges who give no opin'
ion on the point. one ] adge McLean) de.
clares that IL he answered the question at
all il would be in the affirmative; Judge
Carton, when Chief Justice Of the Supreme
Court Of TenniSsee, give an opinion d.
Iectly involving an affirmative answef lC
the question. the three other Judges give
no clue to their opinions. On this ques'
tion, then, the Court stands TINS; three
in the affirmative, three in the negative.
and three silent.
Secondly--Was the Missouri Compro
mise constitutional? 1t is a perfectly wei
settled principle Of the Supreme Court. ant
one that has often been laid down from il
bench, that no part Of an opinion Of th
Court is to be regarded as Of any authorii.
as precedent Which has not necessary Il
the question before it. Anything beyon'
this is merely the expression Of the indl
vidusl opinion Of the Judge; and il ha
been well said that 'if general dicta are 4
be considered as establishing the law, moth
ing is yet settled or can long be settled.
Bearing this in mind, let rs look at tn
, facts OF the case. Scott Was a slave in Mis-
souri; was taken by his master to Illinois
Thence into Tearitory OF the U State
where slavery was prohibited ty the Mis-
> sou.i Compromise. and back to Missouri
The opinion ofthe Court is placed upo
, the ground that the laws OF Missouri are :
{. decide whether Scott is or is net slave
+ now that lie has returned thilher. II thi
. be so, what matters It whether the Con
g promise was valid or invalid? In othe
: words, whether Scott was free when IN |
linois, or in the Territory. or whether b
. continued TO be slave all the time? An
. ifthe Court goes out Of It's way to giv
8 an opinion on a point not necessary TO d.
. lerlnine the rights Of the parties?
The court. then, has not decided tn
I the Missouri Compromise was unconstit'
9 | tional. " ta tt
e Thirdly--This case is often spoken
n as deciding that master may take b
J. slave 10 free State. and there hold him
= a slave. This is simple mistake; the
Q is no such point decided. But--
e1 q Fou,thly--The doctrine Is here estal
o lished that il save be taken BY his ma
n ter to free State. and does not rHEI
q claim bis liberty, but consents to retul
d with his master to slave State. he ml
% be- held as q slave there, il the highe
q, Court Of the Stale considers him still to
" shave. In other words. the Dred Sec
'e case does not decide thata Degrois sla'
y 10 free State, because he WAS slave
D. the State from which he was brought: q
Z that slave carried from slave State ri
Ut brought back to free because he mig
+ have claimed his freedom in q free Stai
Or nor that he is necessarily 4 slave after |
= return; but leaves his freedom or slave
l. to be settled by the laws Of the slave Sta
ne to which be returned with his master.
htl HANDSOME AND GcoD.--It was . per
u. ueut and lorcibl6 saying Of the Emper