Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1858-08-27

time, and afterwards taken to Fort Smelling,
| Minnesota, which was then territory, and
part Of the Louisiana purchase. from which
slavery was excluded by the Missouri com
promises and he insisted that by virtue Of
the laws of Illinois and the laws of the terri
rtory in which he was at Fort Smelling, no
was free man. The defence set up this
plea That bred Scott was a negro, descend
ed from parents who were imported from AZ
rica and held as slaves and being such negro.
he had no authority to sue in the United
States courts, and therefore, the court had no
( jurisdiction over the case. Now. the defen-
dant didn't set up that Dred Scott was
slave, mind you. lie said he was a 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 a United States Court, and
they dismissed the case for want of jurisdic
ton, stating the court had no authority to en-
ter any judgment in the case, because ne
gro had no right to ste in that 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 90 on and give their opin-
IONS separately upon the authority of Con-
grcss to exclude slavery from the country in
which Fort Smelling is located--which was
unnecessary to the decision The result of
the case did not determine whether bred
Scott was a slave or freeman. and the aues-
tion Of the authority of Congress to pass law
excluding slavery from the territory north of
36 degrees 80 minutes was not involved be-
cause, if the negro could have derived his
freedom from being in a region of country
where slavery was prohibited by law, he had
it at Rock Island. The State of Illinois had
abolished slavery, and ifthe fact of his having
been brought within free Jurisdiction gave
him freedom, he had it by residing in this
State. But the Judges, for political purpo-
ses, go on and express their opinions con
cerning the authority of Congress and a ter
ritorial legislature to pass laws excluding
slavery from a territory such opinions arc
extra-judicial and Of no binding force ]
state this for the benefit of that class of cit-
zcns who are very much disinclined to make
any attempt upon the decisions of the court
These arc the opinions of the Judges separ-
atcly given upon questions not before them;
and are they nos to be censured for going out
Of the case to express such opinions. Yes,
yes. There is no Importance in these opin-
ions, as judicial decisions, at all, and they are
only important in this Respectively have
been adopted by the great democratic party.
SO called, as part of its creed, and Mr.. Bu-
chanan says that slavery exists in Kansas and
Nebraska as cffectually as it does in South
Carolina and Georgia. under these opinions
Hence it becomes very important to look to
the opinions of these Judges, as pointing out
the creed of the party which is now in pow
er, and which they are ondeayoring to en-
force upon the country. should have no
sort of respect for such decision in any
81 L
court upon the point when directly before
them, that Congress had no authority to pass
a law excluding slavery from a territory,
would have treated that decision in the par
ticular case as binding, but l would have
treated it with utter contempt as applied to
any other case
have no scruples in assailing the infalli-
bility Of the men who wear gowns. any more
than have those who wear crowns 1Cries
IF Good, "good, i" that's right" and great
'heers Despotism is despotism. whether
oractced by crowned heads or men clothed
n gowns. Renewed cheers I am not
ashamed 10 appeal from the obier dicta opin-
IONS Of supreme judges snJversige of the Gon-
ttutioa. FeHom-citizens, Iack,.o,ciedqe a po,c-
p higher than Presidents, hiqher than CONGRESS.
igher than Supreme Courts and 10 that po,rer.
chose name as the people. iciU dppeal. Tire
nendous cheering. The PeOple make Pres-
Tents and Courts. and ,chen tyranny takes pos
ession Of those hey hare placed in pouer, the
,eopie irho are sopereiqns and ADORE al their
erVdnts, ,oW take The po,oer into their omn
anas. Good" good :" "that's sou The
supreme Court Of the United States had re-
'eatedly decided, prior to the bred Scott
ase, that Congress had power to pass laws
overning the territories. When It was pre-
ided over by Marshall, the Court held that
4 the government of tho Terr;tories Corcrass
,..o.se.l .t.ast -, c
'sscsSeu the comOlhed power OF the state
nd Federal government Those neonle who
al o, -. -. ....I. r- ~
+. 80 ~ "' "Y""' appealing iroHl the uecisloh
the courts to the popular assembly, what
ave they dones WHY. over here at Cincin-
att, when they met to Law down their creed
nd declare what they were for. they said in
D many words that Congress had no mower
, establish n r,,ionl bL M c,.
'''o"". Jain ine supreme
curt had decided that Congress had the
over Where was their reverence E,r II
,os rA.l u, - - ~, ~ -
lon LAPpause anu laughter lhey can
ct appeal from the decision of the court to