True American. [volume] (Steubenville [Ohio]) 1855-1861, 1858-08-25
The True Point Of the bred Scott De-

VIOdtly uuuCtStoOus JuuS0 iOOuOLASy ~ /
seems to us, has committed blunder in |
his egFegious misrepresentation of what
the Republican platform and masses mean.
Thus has devolved upon Messrs. LINCOLN,
TRUABuLL and others the necessity Of
explaining these very fully. Thefollow-
ing extract from Senator TRuMBULL's
speech, more clearly than we have here
tOfore seen explains, lsl-The only point
raised by the record, and Of course the
only point authoritGtiUeiy decided = l,
2j. The sobiter dicta Of the several
Judges, and its bearing on party politics.
Sd. How far Republicans recognize
this, a'Idin a0hdt sense they rspaaiate 1t.
/ wish fellow citizens to gel before you.
if lean, clear idea of that Dred Scott
decision and what decided in that case. -
The case was this: A maa by the name
of Dred Scott brought a suit for his free
dom in the United States Court in Mis-.
souri, on the ground that he had been ta-
ken by his master 10 Rock Island in this
state, and there held for some time, and
afterwards taken to Fort Smelling, Min
nesota, which was then territory, and a
par. of the Louisiana purchase, from
wrich slavery was, excluded by the Mis-
souri, compromise and he insisted that
by virtue Of the laws Of Illinois and the
laws of the territory in which he was at
Fort Smelling. he was free man. The
defence set up this plea: That Bred Scott
was negro, descended from parents who
were imported from Africa 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
defendant didn't Get up that Dred Scott
was slave, mind you He said he was
negro descended from slave parents.
What did the Supreme Court decide (?
They decided that person of the char
actcr described in the plea had no author
ty to bring suit in the United States
Court, and they dismissed the case fot
want Of jurisdiction, stating the court had
no authority to enter any judgment in the
case, because negro had no right TO sue
in that court. Now, was not that the end
Of The case! It ought to have been the
end Of Il; but for political reasons the
Judges go on and give their opinions sep
arately upon the authority of Congress to
exclude slavery from the country in which
Fort Smelling was ocated-which was
unnecessary to the decision. Tie result
of the case did not determine whether
Dred Scout was slave or freeman, and
the question of the authority Of Congress
to pass a law excluding slavery from the
Territory north SO, degrees 80 minutes
was not involved; because, if the negro
could have derived his freedom from
being in region of country where slavery
was prohibited by law, he had it by resi-
ding at Rock Island. The state Of Iii
nois had abolished slavery, and il the fac
of his having been brought within fre'
jurisdiction gave him freedom, be bad |
by residing in this state. But the judges
for political purposes. 60 on and express
their opinions concerning the authority o
Congress and territorial legislature Il
pass laws excluding slavery from terri
tory /; such opinions are extra,judicial an,
Of no binding force. / state this for tn
benefit of that class Of citizens who ar
very much disinclined to make any attacI
upon the decision Of the court. These ar
the opinions Of the Judges separately give
upon questions not before them; and ar
they not to be censured for going out Q
the case to express such opinions I, Their
is no Importance in these opinions, 3
judicial decisions at all, and they are cnl
important in This respect--tbey have bee
adopted by the great democratic party
, so called, as a part of its creed, and Nj
Buchanan says that sldUery EXISTS Il
Kansas and Nebraska as efectually a
1t daes in South Carolina and Georgia
under these opinions. Henceit become
very important to look TO the opinions {
these judges, as pointing out the creed
the party which is now in power. an
whichihey are endevoring to enforce upo
the country. | should have no sort
respect for such decision, in any even
t Ifthere had been decision Of the cour
} upon the point, when directly before ther
that Congress had no authority TO pass
law excluding slavery from a territory,
; would have treated that decision in tn
particular case as binding, but woul
have tieated it with utter contempt 6
applied 10 any other case. | have n
! scruples in assailing the infalbility
a the men who wear gowns, any more tia
1 | have those who wear crowns. Crit
/ Of "Good," "good," that's right" en-
, great cheers. Despotism is despoiisn
: whether practiced by crowned heads or !
men clothed in gowns. Renewe
Q cheers lam not ashamed to appe
fromthe o6iter aictd opinions Of s,tpren
Judges supervise of the constitution
e Reilo'o citizens, I acknowledge a posO
+ higher than Presidents, ,higherthaa Co
). gress, higher than supreme courts, an
q to that po'cer, WhoSe name Is the peop
ItDM appeal. Tremendous cheering
The people make Presidents and court
}, and ,chen tyranny take possession
It those they haze placed IN potcer, q
= people Ddo are sopereigns and toho a
!. aboue all their servants, soiit take q
n po,oer into their osun hands. ["Good
! 'sgood," s'that's so."r The Supren
!. Court Of the United States had repeated
decided, prior to the Dred Scott case. th
. Congress had power to pass laws 30
erning The territories. When It was pr
sided over BY Marshall, The court he
that in the government Of tho territori