Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-08-27

t. Rock Island in TIL, state, and there held
for siua time, and forwards taken to Fort
Smelling, Mnncsov which was then a ter
rit1ry, and pant ..c Louisiana purchase,
from which sllvDr. a,s excluded by the Mis-
souri, compromise; aud he insisted that by
virtue Of tlc laws pl Illinois and the laws Of
the territory in which he was at Fort Smell
linz he Wa a free man. The defence set up
this plea That Drcd Scott was a negro, des-
cend.d from parents who were imported
from Africa und held as slaves, and being
such negro he had no authority to sue in the
Cncyd States Courts, and, therefore, the
court had no jurisdiction over the case. Now,
the defendant didn't sot up that Dred Scott
was a slave, mind you. lie said he WAS
negro, descended from slave parents.
What did the supreme Court decide?
They decided that person Of the character
described in the plea had no authority to
bring "a suit in the United States Court, and
they dismissed the case for want Of iursdic-
ton, stating that the court had no authority
to enter any Judgment in the case, because
negro had no right t. sue in thai court.
Now, was not that the end of the case? ? 1t
ought to have been the end Of it but for
political reasons the judges 60 on and give
their opinions separately upon the authority
oi ,ngrcss t. exclude slavery from the ooun-
try u which Fort Smelling was located--
which wa, unHec ssary to the decision. The
result ot tn" case did not determine whether
Drad Scott WAS slave or free man, and the
question OF the authority Of Congress to pass
i law ex,iuIiuL slavery from the territory
north Of Sc degrees 80 minutes was not in
yolycd because, If the negro could have de-
rived his freedom from being in region Of
country whore slavery Was prohibited by
law, he lad it by rCsdin. at Rock Island.
Tho state Of lliihos had abolished slavery,
and if the fact Of his having becn brought
within a free jurisdiction gave him freedom,
he had it by residing in this state But tho
judges. for political purposes, 60 on and ex-
Res their opinions concerning the authority
Of Congress and territorial legislature to
| pass laws excluding slavery from a territory,
such opinions are xtra.judicial and Of no
| binding force | state this for the benefit of
that class Of citizens who arc very much dis
inclined to make any attack upon the dcci-
sion OF the court. There are the opinions Of
the Judges separately given upon questions
| not b-lIra them and are they not TO be
/ censuryJ for going ont os the case to express
/ such opinions H. Yes, yes. There IS no
/ Importance in thg,i opinions, as judicial de
/ csilns ut all, and they arc only important
| in this raspect-tuey have been adopted by
the great e-mJcrdtic PARTY, s. called, as Il
part 0r lis creed, and ilr. Buchanan says
that slavery exists IN Kansas and Nebraska
as c.f.ctuaiyu as il docs in South Carolina and
G..r..;, ,,,,.I.r -IIosa nr,iniIrs Hence If be-.
c,,'s ,,.,. Immigrant l., l.,.l; :, the oplnions
Of thes, i6l.cs. a. pointing out the creed Of
! the party which i. now in power, and which
tbry ar. ondcayinr to enforce upon the
co,t,-.y ,bpild have no sort Of res
ra,t f,r such "a decision. in any event If
there had been = decision of the court upon
the point, when directly before them, that
CONGRESS had no authority to pass n law cx-
cludin,e slavery from IL territory. | would
have trrutpd ,}ut decision in the particular
case ms hindino. but would have treated it
with utter contempt as applied to any other
ease. have no struples in assailng the in-
G,Ilbiiry of thc men who wear ro,gns, nnv
more thin have those who wear crowns.
I,rir. nf C,o,d - u-ood:' ..that's rirht." ."
and rraat cheers. Desp1tism is despotism,
wI.tI,r 1ractis7I by crown d heads or hv
men clothed in gowns. Renewed cheers
I am no, ashamed 10 opp,of tram o5tcr d,cta
oa,l.ous Of snpreme ,al2cs subrersire Of the
c5nS,;t,ty6n. FHor ci9c.ns. | acIno,rtdge a
po,r,r hiyLer than Pres,d,nts. h,gh,r Than
syr,.s,. C9vris. 1aJ 10 that poircr. ,chose name
IS n. p.opa. / ,rR qpptd. Tremendous
chscrins.i Tie p.op'c llais Presidents and
,oYrls. Ga9 rArn iyraany takes possession Of
Nose H,v hare Ulaled m po,cer, He people ,cbo
,-. ,,, r.,,.,jS .y8 ,ri1 rrr gtorc al the7r ser
rants. ,.ir tgi n. Dolr.r into thar olrn hands.
a.,,.,.I. .''. ...-.,.i = ..that's SOL The Su.
,r.,.. {. ,.rr of ,hc Tnited States had re-
.....lv l.ril.d. rri,r 10 the bred Scott
t,.. tl..- t',n,r.,>, h Al mower to rass laws
'r.lr,.. rA. t.rritorirs' When it was pre-
,.l,al over hv Marshall, the court held that in
,'.,,,.,,i,t NJ fL, tsrrir,riCs Con,-r, S.
,'1 ii,,"j ,',,'r nf tho Ztota
"''''-N ri, -
"'" '.G 'ld-4" ~, ,I''Ao",: i'o'0
NH' TAX 10 ua ABOUT appearing ,lou' ''o uo
! ci-I4u O.. the courts t. the popular assembly,,
what have cv done? Wny. over here at
- Circiuu..; when th,v met to Law down their
II : Ia.,,,j. ~, ,rnr, G,r thsv
s'iI IN ~, ,,,,,,. ,,.r5. ,hot Conrrcss had no
a''r .,,.-. 49, 'tti,ris6 - n,tinnoI hank The
t',.,,, t,".' ~ r,,rt i,nd dociiad that Concres.
iJ"!' I NV r W. ,.o. thoir rnvoTnnco
, e." ~ tI.,l,,,s,.a,,j Iom,Lter They
= ! JOY II IAC" ,lAli'"u99 "''c !A"6
| | cannot appeal from the decision OF 'hc oouT1
! ! t. the ueJulr, (thc source of all pOwer,) hut
they can orpaal T. this convention in Gin
d ,irr,ri And will unt undertake to des-
! - H. .,,..;,, :. C.i-roi Rnrtor ,nco
cfi'i .H'.' c"iN eli'''" ''Io''Il D.itO''
Iscr,-" H. I|us" "'-i'! W." 1,'li
have the decision of the people than OF such
. a set of men, Bat, fellow citizens the sell
r. styled democracy mt only set al hSuSht
decision OF tAG court IN their part! pla.'o.ihl .h
pal Wilt iul-s>lnG EtheIai ueNo'l'H - '"-
Y court, and To believe that a court can 90 no
: wrong, they have made it a part OF their
l. ,r,a5 That II siuule STATE has the authority
: t,..- osi,jo the decision of tho Court, Of Con-
IS 7rcss and tho Executive. Do You rccollec,
e The resolutions of Cincinnati? | believe
i.ve tI,r L.r.. On, Of the resolution,
3D. ..i.,,t,d leclar,s-
90 That the dcmocga,ic party will faithfully abd'
K by aaduphald the principles laid down in the Ken
iaeay a34 Virginia le5aiaIS; IN oSanG Ia NJ,
rnH ~ nAnn n