Weekly Council Bluffs bugle. (Council Bluffs, Iowa) 1857-1860, 1857-07-21

ESQ SSMzsss In MATTER IakE Eaae nmafta*a gss
ssaaA IN tbs Dxea 9coks ease. elemxg
within their Jurisdiction - da6nea b
I Elaa constitution shafl Ia forced INA
8 tlsa country mS d political Issue, ii vii
! 5ao0aaa q sAfas ancs ard nmksd issne he
: aaeaa sh@ fsienda ard the smemaas "a kh
9 anersznaoy Of the Lava.
The case Of Dred Scott was an aetioa
Of tgespaas, US u aymsa&s, Ia the Oireui
7 Csuss of ms Uaiss4 States Tor tlas dis
tTict Of Missouri, fnE shs purpose Of es
tabllahing hia elaim 80 be Q frsa man
. and was takea BY writ az srgor on tbs -
plication Oh Scott to the SupxeEa,
gouFs Of ths United States, whsFS tn
hnal aecasion wa@ pson0aEcsaa ky Gale
aaaaaea TAney, Tbs fAc2s of she easl
wsTs aggesd Rpoa and admitted 10 bs sxa'
BY both parties, and were In substance
sEAt Drsa Ssottw&A . Negro alavs In Mis
sougs; that he wana with hia saaa&ez, whs
was Rn oAieer In the army to Fort Arm.
strong, on Rock Ialand, and thence Ii
Fort Smelling, on tae west bank Of thi
Mississippi river, aad wislin the oountTJ
covered b. the act Of C0agress. known Il
the Missouri Compr0miae; and hence be
re- accompanied bis master 10 the State
OF Missouri, where he has since remained
q slavs. Upon this statement Of kscts
two kapoEtanE and material questions
arose, beside several incidental and mis
nor ones, which IL was Incumbent ugan
the aoug4 to taks noties Of and asoids.-~s
Tie court did not aatsmps to svoid re-
sponsibility by Opposing OF the oaas apon
| technical points With0at touching the
merits, nor did they 20 out Of their way
TO decide questions not properly before
thsan and dirsstly presented BY thsTscasd
Like honest and conscientious Judges,
as they are, they met and decided each
| point as 1t arose, and faithfally perforn-
ed tAeir whole duty 10 the country by de-
terminiag all che questions In the case,
aad nothing bat what Was essential 10
the aeciBion OF the case upon its inertia.
The State courts of Missouri bad decided
against Dred Scott, and declared him
and bis ehildren slaves, and the CiEeuit
Coaxtvf the United States for the dis-
Exiet of Missouri had decided the sagAe
thing in this very case which had thas
been remoTed 20 the Sapr@ne Court 0f
the United States by Scott, with the hepe
Of reversing the deciaon Of the Circuit
Court and securing bis freedom. If the
Supreme Court had dismissed the wit 6f
error for want Of jurisdiction, without
frat examining into and deciding the
merits Of the case, IS they are denoane-
ed and abused for not having done, the
result would have been 10 remand Dred
Seatt and his children 10 perpetual sla-
very under the decisions which had al
ready been pronounced by the Supreme
Court Of Missouri, as we'll as By the cir
cult court Of the u, s., without obtain
ing 8 decision on the merits Of bis case
/ by the SapTeme Court Of the United States
Suppose Chief Justice Tansy and his as
sOoiates had thus renAnded Dred Scott
and his Children back to slavery on q
plea IN abatement of any mere technical
point, not touching tbs merits Of the,
question, and without deciding whether
under ths. sQAstikpkiQR Rnd LAWS applea
free man or a slave, woald they not
| have been denounced With increased veT-
uience and bitterness on the charge OF
having remAnded Dred Scott to perpetu-
al slavery without first examining the
whether he Was a slave oEnes2 ,- ~
1.-THE case had been disposed ofin THAI
way, who can doubt that such would have
been the character Of the deE1unciatiohg
which would have been huried upon the
devoted heads Of those illastrious Judg-
es With much more plausibility and sh0w
Of fairness than they are now denounced
for having decided the case fairly and
honestly upoR its merits "a
The material and controlling poiatS lm
the ease-thosa which have bseR maaaA
the subject Of unmeasurad shEse and de-
nunciation may be thu ssassds
lst. The court dsesdsa that aAdsr ths
Constitution 0f tbs uaised States negro
descended from slave parents Is not and
| cannot be citizen Of the United States.
ID. IhaA the act Of the 9th of March,
1890 seosnmunly called the Missouri Com
| pEaalsa act, was unconstitutional and
void before it was repealed BY the Ne
I bxaaks set, and consequently did not aud
eeaid nok have the legal effect Of extin~
/ gaishing masters right 20 his alave in
that Territory. While the right contiR-
ues in full force Under the guarantees OF
| the Constitution, and cannot be divested
or alienated by an oct Of Congress, is
necessarily remains barren and worth
! less right, unless sustained, protected
and enforced by appropriate police reg
uiations and local legislation prescribing
adequate remedies for les violation. These
regulations must necessarily depend en-
tireiY upon the will and wishes OF the
I people Of the Territory, as they can only
be prescribed by the local legislatures.
Hence the great pxinnipla Of popular SOW
ereignty and self-gcy srnmeAa sustained
and krmly established By the authority
OF this decision. Thus ii appears that
the only sin involved IN the passage Of
the Kansas Nebraska act, consists in the
fact Of having removed from the statute
book aa act Of Congress, which was aa-
thoriKed BY the Constitution OF the Uni
ted States, and vuid because passed with
ous constitutional authority, ARd consti-
tused In lieu Of il thai great fundamegs~
tai principle of Belf-goYeEnmeaE, which
recognizes the rights Of the people of
each State and Territory, 70 eontrol thais
own domestic coneezns.
I will direct attention 20 she question Ia
volved ia the arst proposition, to-wit :--
That the negro is mot, and cannot be .
citizen Of tSe United States.
We are told By q certain political or
zmzsExatioa, thak thai dseision 10 egssa
, q inhuman and infamous aud should nes-
| thsr Be respected nor ebeyed. Whas i
. the objection % that decisioup Sfmapa,
J tlaa& ake aswga ID NOT D eitixeas Wh@e Il
. she obisea oE mMking him aeitisen9 q
I course to give him the rights, privileges
J and immnnities Of citizen, il being sh
{ grsaa fundamental Law, In our govern
: menG, that under the Law, citizens aEf
j equal in their sigats and privileges. j
/, il said 10 be inhnman, 20 be infaanous, 4
/ DEPRIVE an African Negro Of shsse priv
D Ieges Of citizenahip, which would Pa
0 him GA an equality wath ths other eia
: sens OF the country.
!. Now les me ask yoa, nay feIiow sissxenl
: are you prepared 70 resist tbs eoEseitSs
= tsonal a6thorities Of this sounfry, n OF
D der to seeure cikiaen&hip, and, sArsugl
} cstisenship, suualisy with sha wife xmaa
) sITvoioes, 6Nal negn1 II y0a are, yv
!. raasa reverse che wholepoliey Of thAs ssseaa
' the osganie aRw af ouT own BeaEe.
! order % carry oa4 shak pgsneipl Of nAgS
o eikixasxsAlp, and negxo eaaalisy anAaF .
d Law roo muss not enIy REVERSE tAe q
|. gaaie law In oss own State hms Of evss
i osassR state in skis unaom. Bot you Aas
i mea @ssomplishaa ID aaasas you maaf naAa
i auriaus war upaa hasaaye- holding Staas
]. 10 cozmpaa theIa 10 eanasaeipaae and ses 4
]. IIbss sheir shgsa millinaA uR saassss :
]. Wa shaA slzmal bs saoaas Daf8Es ysa ~
Z ssaazsa thaa gxaas FEaAssRas a sXssal
i ku shs sea ak A4xisas ygW saMss skxsks =
= IL - senssi kutsaa og lIlsmolss khas a.
ID vfas0M which pfuFasaas i mA&EUs wh@sza