Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-04-07
WHOLE NO. 216e.

:, wish 1 could believe they held the
scales Of justice equally between the rich
and the poor, the great and small, un-
swerved by political considerations, un-
influenced by anything but their duty,
which is the most God-like that man can
ever administer; that is Justice unmixed,
unbiased justice. ] wish l could believe
that that court were actuated by no
other than these great God.like principles
in the decision they have made. 1t was
a most extraordinary decision. The
mode of coming at it. the decision it.
self, the time when it was made are all
calculated TO inspire the mind with a
suspicion that all is not right. l affirm
that the Supreme Court. in making this
decision, has done what no court OF the
United States had ever done before; but
| do not hold this court, and never did
hold it, in that reverence which some
gentlemen pretend to entertain. / re-
member that i. seems 10 be tie mere in
strument Of political power. 1t follows
it as the incident follows the principle
In the old Federal times when you alien
and sedition law was passed and it cams
before that court, they found no difficulty
in maintaining that most fsgrant vicla-
ton of The Constitution Your sedition
law was upheld by the judges Of
that court, and men were imprisoned by
its process: and yet to-day there is not
man 10 be found in these United States
but what considers that law most dis
graceful law TO remain on the statute
book. Il does not remain there as .
law, but it stands there as a memorial
of tie madness of party and the easy
method in which men will violate the
Constitution of the United States. That
was upheld. All men now consider il
cs infamous, notwithstanding il had the
sanction Of that court.
Almost the entire speech Of the Sena-
tor from Louisisna-and wish be were
here-uas made for the purpose Of sus-
tanning the validity of that decision. /
am not going extensively into it. for l
have not time, nor does 1t need very
extensive examination TO show that it is
fallacy, a mere sham; that it has not
the sembiance or color of authority.
Dred Scott, the plaintiff, claimed that
he was free man; and according to the
course of practice from the earliest organ
ization of the Government, in every dis
tricl, for the csyes establishing it are
numerous Roush, he su d for his free
dom in the circuit court of the United
States. The pretended claimant put in
plea to the jurisdiction. He said that
Dred Scott was negro; that his snces-
tors came from Africa; that they were
slaves, and therefore he was not citizen
OF the United States. and ke had NO right
to hearing in that court. Dred Scott
demured to that plea; and that demurrer
came up before the court, and it was the
the only question they could decide
After getting the plaintiff out of court,
and saying he has no standing here,
after numbering him, the court go
go ca to declare principles most fatal
to the liberties and rights of many
of the American people. The like was
never done before in any court. No court
in this Union has been heretofore more
chary of giving decisions that were not
called for by the case, than the Supreme
Court of The United States. They have
always repudiated it. They would
never go further than the necessities of
the case required them to 60. Was not
the decision Of the question Of jurisdic-
ton an end Of this case? A majority
Of the Judges decided that Dred Scott
had no right to be in the court. They
dismissed him from their consideration.
What further was there to do? The
Senator Fl ON Louisiana, in his argument,
did not pretend, as lawyer, to argue
that this was not the effect of the deci-
sion; but he uttered what seemed to me
very much like sophistry. He read
from the opinions of the court, claiming
that they had right to go further. /
do not care what they claimed. Any
man that ever went throagh lawyers
Office knows that when they decided
that the plaintiff had no standing in court,
the case was at an end; and any opin-
ion they should give after that was q
mere obitsr dietuus, entitled to no more
respect than though it had been deliver
ed here or in the streets.
Mr.. President, there is another thing
to be considered in reference to that case.
Here, to be sure, was poor negro, hay-
ing no friends, no consideration, nobody
10 look to his interests. He was mem
Der of degraded class. with whom the
court might deal with perfect impunity.
fear that the court, swsyed by political
reasons, forgot the rights of Dred Scott.
and plunged into the political whirlpool
n order 10 control its currents. Is it not
remarkable that America, the first nation
n the world, Should decide that a man
nay be so low that he cannot even seek
lis rights in The courts of the country?
Vas there ever anything like it in any
community before, whether civilized or
'arbalous? The court tells us we have
men among US SO low that they can have
10 rights; that they are mere merchan-
Ilse. But will not travel into that field,
Ehich has been SO ably discussed by the
senator from New Hampshire. Mr.
HALE. They grounded their decision
pom history, moi the Constitution. They
rayeled out Of the Constitution of the
United States, and sought to found their
ecision upon what they picked up as
craps Of history here and there; and
hat history was entirely and utterly per.
erted. as was proved by the Senator
rom New Hampshire so palpably that
o gentleman on ths other side has ys.
isen to challenge its accuracy; and they
annot do it. have Law Of Virginia
ere 10 my drawer, which was passed
t about the period of which the Supreme
'ourt speak when they say that negroes
Iere considered as chaltels whom any
ian might seize and convert to his own
Sc. At that very Instant, in old yir.
inia. he was citizen. made so by stat
tie, if he was free; and do not know
'ut that he had all the rights of white
a III