The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-11-05
GEN cusHINo's sPEEcH AZ NEwBuaYPosr

City Hall at Newburyport, where he resides, in
speech in which he appealed to the reason and UNI
derstandng Of his audience, many Of whom were la
dies. He vindicated the memory of Governor Marcy
from the suggestions made by his political enemies,
that he continued 70 hold Office under President
Pierce, and issued instructions and managed Kansas
affairs by his direction, when differing from him in
the principles involved instead of resgning and
manfully withdrawing from the cabinet He then
referred to the constitution and demonstrated the
equality of the States, and referred to numerous
decisions of the Supreme Court, mostly made some
years since to show that this was the settled doc
trne OF that court long before the advent of the
bred Scott case. Among others where that doctrine
settled he referred to those of Pollard u.s. Hagan
Pollard u.s. Kibbe Halett Is Collins, Perno u.s. New
Orleans, Strader Is. Graham, and veazie Is. Moor
After correcting sundry errors in relation to facts
he presented the following clear aud unanswerable
views in support of the conclusions Of the Supreme
Court, which only need to be read with candid minds
open TO conviction to secure unhesitating approval
We copy from report in the BoStoh Courier
nov to The case Of bred Scott which, owing to
certain peculiar circumstances not convenient for to
misrcpresented in some Of the northern States.
The case this bred Scott in 1884, negro slave
in the State of Missouri belonging to DR. Emerson
geon in the army He wentwith Dr. Emerson that year,
to the military post of Rock Island in the State of Hi
nos Thence in 1886 he accompanied Dr. Emerson to Fort
Smelling, in the territory northwest Of the river Mss
sippi After marrying there female slave, Harriet be-
longing also TO Dr. Emerson he, with his wife and chill
drcn by her, in 1888, accompanied DR.. Emerson back
to the State of Missouri Meanwhile, by the death of
Dr. Emerson and by marriage bred became the property
Of DR. Chafee, member of the last Congress from Mas
sachusetts.
In this condition Of things after some litigation in the
courts of the State Of Missouri bred got into the circuit
court of the United States for the district Of Missouri
in the form of suit for espass against Mr. Sanford
under whose immediate direction he to have bcon
at least for the purpose OF the suit 5E8-
have understood Why in these circumstances
it needed two years litigation to try the question wheth
er bred freed man not 1t would seem that if
il clear That bred Scott of right free to
make It cause of reproach to any court to decide other
WISE his master ought to have said voluntarily and
without putting the courts and lawyers to say nothing
OF bred himself to 80 much trouble on the subject II
good man has in his possession anything whatever it
u.s. land or freedom which belongs to another good man.
there occasion for lawsuit In this point of view
there is mystery behind the 1t looks like
fancy case got up and carried for the public odifca
ton and amusement. do not complain ii this be So
nor mputc blame in any quarter the contrary,
think have to be ernnenty grateful to all
cernedcours, lawyers, parties including bred himself
for the opportunity which thus came up to have many
important questions finally adudged they were by
the Supreme Court of the United States ,
In Deds behalf it was alleged that he and his family
freefst the ground of residence in Rock Island
within the limits of the ordinance Of 1856 and secondly
of residence at Fort Smelling, within the limits Of the
Missouri Compromise On the other hand, it argued
that bred, being African, not citizen of the
United States competent to sue, such, in the circuit
court that his residence out of Missouri did not make
hin, free, or any rate, did not make him free in the
State of Missouri The circuit court decided and tus
case made for the Supreme Court.
After being twice deliberately argued in that court it
decided, by seven judges against two and the de-
cision pronounced by the venerable and learned Chief JUS
tice h yesf
say the case was decided know it has been argued
in the newspapers, and in journals Of clabo
rate character and by respectable members of the bar
that the decision is not decision that the arguments of
the Chief Justice unsatisfactory and that the Supreme
Court of the United States mistaken.
With pardon of gentlemen who have come to such
conclusions let say first that the record shows there
decision, and that the mandate Of the Supreme
Court has issued to the circuit court accordingly and
that this mandate has been executed by the Supreme
Court. ] speak to lawyers now and think they will
reflection be inclined to admit that that is all that
constitutes q decision.
In the second place to the arguments of the Chief
Justioe-a magistrate in that Office of now twenty
years-before that Attorney Gcneraland before that
long the head of of the abcst bars in the United
Satesa than eighty years Of ngc infirm
of body but with mind which to beam out the
clearer from that fra earthly shrine, If 1t had al
ready half shaken off the dust of mortality, and begun
stand it wce TRANSPORTED into the celestial glory and
beauty Of Immortality say to his arguments think
he might well speak to any of his critics in the lam
guage addressed by Chief Justice Marshall day TO
lawyer who was reading to him out of Blackstone
Young gentleman, it may be assumed, for the purpose
of this Argument that the Chief Justice of the United
States has knowledge of the rudiments Of
law. ~
And to tie third point of the Supreme Court being
mistaken in the law respectfully suggest 10 my brcth
Of the barwhat is rather technical consideration,
it is true, but Is not the less important thut in matter
of law fully before it, the Supreme Court cannot that
is impossible lawyers may EN-, inferior coults err
but there writ Of to the Supreme Court that
is impossible Ivy the constitution Whit is decided by 1t
is decided beyond all human power except change Of
opinion its part What it pronounces law is law,
much as If written in act of Congress nay more, it
has constitutional power to annul any statute by pro-
nouncng it unconstitutional 1t is the constitutional
postor of the constitutions and its exposition becomes
the only admissible reading Of the constitution remedial
BILE il wrong, only by amendment of the constitution
That elementary If it otherwise there would be
no law of the land but only anarchy OF opinion among
dispung lawyers with the press to halloo them on and
cry aoy until all rights whether of power property
scattered like claif to the wind and security be
left for any body but in the strong hand the sharp
edged sword and the very convincing eloqucncc Of the
cannon. 8a.
l understand the argument to be this because the
court decided that they had jurisdiction of the points
of the ce that therefore, the opinion Of the Chief JUS
cc, who speaks expressly in the of the court is
obis dc0p, only that is incidental remark not legal
decision. Under favor, that is not If the concur
sons of the court Ire Of the of the decision then
thp inrio,