The Kanzas news., 1858-09-18
nHE KANSAS NEW s:
Rates of Advertising.
c,each of Mr.. Herndon---An Impor-
.pont View of the Dred Scott Decision.

Sp1tV tpont View of the Dred Scott Decision.
We have already given a short sketch OF
+bs speech delivered by W. FL. Herndon,
Esd. before the Young Mems Republican
Club, on last Thursday evening. There
ras one point, however, made by Mr.. Hern-
don in reference to the Dred Scott decision,
which, besides being new, IS so important
that we ask the careful attention OF our read
ers to it. 1t is startling view OF the doc
trine of the Dred Scott case.
II is known that under the ruling of the
Sunreme Court in tie above case, personal
su;ts in the United States Courts must be
e.betueen citizens of the United States
The following from the second section of
the tbird article of the Constitution Is the
provision: -
"The judicial power shall extend to all
cases in law or equity, arising under this
Constitution, the laws of the United States,
treaties, &C.; to all cases be-
t,reen citizens of the United States" &c.
In pursuance of the Constitution, and
soon after it was adopted, Congress execu-
ted the power above specified by passing an
set, Of which the following is one of the
provisions:
1.-The Circuit Courts shall have original
ooenizance, concurrent with the courts of
the several States, of all suits of civil ma
ture at common law or in Equity, where
= the suit is between a citizen of the
State where the suit is brought and citizen
of another State" &c.
This law was passed in 1889, and is al
most literally copied from the Constitution.
necessarily conforming to it and limited to
it throughout. We ask our readers to mark
well the wording of the clause: "6etaOeen the
citizens Of the different States" 1t will be
seen that it is necessary that both parties TO
the suit, not only the plaintiff, but the de-
fendant, must be ''cihzenS."
Now, the Supreme Court, in the Dred
Scott case, has decided that negro is not a
''citizen" within the meaning of the above
clause of Constitution; that is, that he can
not sue in the United States Courts because
he is not a citizen. AS, however, by the
terms of the Constitution, both parties to the
suit must be ''eitizens;" if thenegro is inca
pable of being sued; if he cannot be plain
tiff in the action, neither can he be defen-
dans, for he is no more ''citizen" in the
one position than in the other.
Let us illustrate. Suppose negro of II
nIOfS owes HutLC HAL u AlSSOufl d tDOu-
sand dollars, which he refuses to pay
The white man brings suits in the United
States Court against the negro to recover
the debt. Upon the trial, in spite of him
self, he is thrown out of court and loses his
debt, because the suit is not "between citi-
zens." One is ''citizen,'' but the other
is a negro; and according to the Dred Scott
decision the courts can give him no remedy.
The Judge tells the white man-''Go out OF
court; you have sued a negro; it is decided
that negro is not citizen, and the Con-
stitution says all suits must be 6etaoeeR ctti-
GEMS The Constitution is the Supreme Law
of the land, and must be obeyed. Go ou
of court"
Such is an outline of Mr. Herndon's ar
gument, which he elaborated at length, and
fortified by the strongest authorities. We
believe MIR. Herndon's point cannot be con
troverted; and that the Dred Scott decision
which places a disability upon negroes by
saying they are not citizens, works a glar-
ing wrong and outrage upon the white man
by leaving him without remedy against them
in the United States Courts, and by making
the negro wholly irresponsible for his con-
tracts. 1t thus introduces into the body o1
society set of Arabs, who may become q
prey upon society, but against whom there
can be no redress had.
We ask intelligent men to examine this
dictum of the Supreme Court in the Dred
Scott case, now so boldly endorsed and de-
Tended by Mr.. Douglas, and ask themselve:
whittier the Democracy are tending. 1:
the Government made for negroes, tha
white men cannot be protected in their rights
In their own courts?-IHinois State Journal