The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1859-05-25

three of the nine Judges standing on the
doctrine that the facts stated in the plea
show the Plf. (DRED) not to be citizen Of
= State within the meaning Of our "Msgna
Carta." Such Is the opinion Of Chief Jus
tice TAsEr Opp. 400 to 437)-of Judge
WAYNE (p. 454) and Justice DANIEL
(pp. 47s to 4s3.)
The question then schsther it was decided
BY tie Court that DREp Sco7r, pndsr Ms
facts stated in tho plea i, abatement, waa
not eitissn Of No., is simply whether
three is majority Of .ssrs! We have said
thus much in order to better understand
ing cf t.at De.aicn-of what was really
decided, not with any view Of advocating
the doctrine Of the three Judges, which ws
believe to be based on the great weight Of
the almost unbroken current Of
practice in all departments Of the Govern
ment from the existence Of our Constitu.
ton TO the present hour, a. well AZ upon
grounds Of public policy. "a" .@A
The history of the Union shows that the
black race have never been treated 81
the equals of the white. The Christian
Government Of Great Britain plant-
ed the institution among us. Black
slaves as property were, with the milk
from our mothers bosom, thrust for.
chilly down the unwilling throats of our
infant colonies. The theory that this Gov
ernment was made By white men, for whits
men, is true. Based on the Bible and IT.
tested by all history is the axiom that in all
ages and in all times have the Black race
been "hewers Of wood and drawers of water"
that there is not an instance where that
race has shown itself capable of selfgovern-
ment. As we exhume old inscriptions five
thousand years old in the Eastern world
"where the calm wave now lies sleeping,
great cities once have been"-we find the
same-the same old lesson-the white as q
leader, the black as menial, without the
pale of civilization or nationality. Unless
some one can ovcrruIe these decrecs Of
Jehovah, what "has been from the creation
will be to the judgment day" Whatever
may be its theory, the political policy Of the
Republican party has drawn the same broad
line of demarcation between the two races.
In Mass. its Courts decided that no Black.
man could enter the "Dress circle" though
he had paid for his ticket for that purpose
In Michigan its Supreme Court asserted the
same doctrine in regard to Steamboats,
Their course in Minnesota and Iowa on the
new Constitution, show up their real feelings
in this respect, and when we come to
bleeding Kansas where their most fanatic
cal spirits migrated, we find by the procla.
nation of j. H. LANE, dated Dec 81, 1865,
that they prohibited Black freemen eren from
liring on Kansas soil while they allowed
"cvilized male Indians" to vote, &c. Such
a party is the last that should complain Of
opinions originating with the trainers Of the
Constitution and upheld by Chief Justice
DAeGErr, of Conn, in 1s34-by the Su-
preme Court of Tennessee, in 1888, in State
rs. Loyelace-by Chief Justice Gibson, Of
Penn, on question arising on the Consti-
tuition of that Stately William Writ, U.
S. Atty. Gen., in 1921.
Would it not be well for those journalists,
who heap unmeasured abuse on the heads
of the majority Judges in that case, for
"extra-Judicial' opinions, to pass in review
three facts: .s.r, sr.o
1st-That while they pass on no matter
that they say they do not believe open on
the record-Judge Mclean after denying
that the question is before the Court.
| gives his opinion that Dred was "a citi-
| zen."
2d-That. as I have shown, this questions
was not decided by the Court, and the ma
jority rest their Judgment on other facts Of
the case which it was necessary for them to-
pass upon if they did not consider the
case closed by decision on the first
| plea. ..us -
3d-As to this being nes, opinion by
those Judges, by reference to the famous
Passenger Cases" they will find Judge
Wayne's opinion clearly foreshadowed on
Opp. 10 and l73, where he says Q70) land
the States where slaves are, have Consti-
tutional right to exclude all such who from
a common ancestry and country are the
same class of men"--free negroes Of course
if Citizens have the same rights and
| immunities' as other citizens.
Justice Daniel, opp. 80 and 9l) and the
Chief Justice (Taney) We're both evidently
of opinion that while one State could not
prohibit 'citizen" of another coming
within its border, (p. 74) it could do SO with
Free blacks" Let the blacks control their
native tropics, while the white man clings
to the temperate zone. Nature is a better
guide than heated dreams, on question Of
this kind. Her DEGREES are apparent
There is political Geography.
| Yours, GRANITE.
!