Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-07-08
Ulre 4ree D1eaa
BURLiNGTOS;
FRIDAY MORNING, JULY 1888
THE STATUS OF SLAVES DEFINED
By CHIEF JUSTICE TANEY.
BURLiNGTOS;

The late decision Of Judge Taney IN the
case of the L. 5. Us. the slave Amy on
which wa remarked few days ago, Is at
tracing good deal Of notice. The pai'a-
bic conflict Of Judge Taneys opinion 'n this
case with the one lie gave in the bred Scott
cass seems to strike the minds of all An
article in the Mi souri, Democrat states the
points Of the case very much rs we did, and
adds as follows
We think it would be difficult 70 recon-
! cie the decision in the present instance with
the bred Scott decision. The latter assigns
status to The negro, which conflicts with
/ the whole current of traditional policy,
! from the founders of the Government down
to the rise of Calhounism. There can be no
question that the positions tken by the
counsel for Amy are strictly logical, on the
L. ais m r. notorious decision. judge tan =
refused to regard thcin in any other point Of
view. The defence which was made for
AMY wa, but q rigorous dTei1pement Of the
principles laid down by the Supreme Court
in that decision. Yet here We find the head
and organ of the court compelled to recog-
Mise the duplex character Of the slave as a per
son as we'll as II chattel, and 10 give pre-em-
ince to the former character, which charac-
ter he hal utterly ignored in the previous
case. If slaves ere persons, as Judge fancy
tells US. tIev must have personal rights, as
well as PERSONAL responsibilities Surely their
RIGHTS. whatever they may be, are no less sa-
cred than those of property. If the man ceases /
10 be q chttel the moment he commits a
. Ia, lo nj fla rr+rFl Atataz
tba-. -.,..-- rrare7f, H. .f- 80. .i+i1Hs I
ir ,v.i,a legally j.
The offended laws in,, .n.n Lon .~ .se
agent. g. ba eld acco~aa''' f.7 as ac- !
ti0ns
The right Of property in slaves Is .ot. /
Therefore ahsolute Congress according % /
he last ut.erance Of the oracle. can destroy /
and does destroy that right. It declares that /
if slave shall rob the posT-oftice, he caases |
on the instant to be slave, and hec2meS a |
J. .rs5n \ magical transformation is !
wrought The crime euO5les th- c'attel INTO !
"A man. Now, if Congress ID one cas- ctn /
destroy the right Of property in slaves, It can /
in another. There is no limit to It's power |
in relation TO this question prescribed in the |
Censtituti n. Il can. when II chooses. su0- /
ordinate the right Of rroperty in the slave TO /
the right OF person This may be providing !
too much. bat nevertheless, it is the result !
of the principles laid down in the Richmond |
decision. There is certainly no exaggera- |
ton in saying that the rights Of property are |
placed in a secondary position By thai de-
cisjon Another legal subtlety Is involved /
by it. which will exercise the lawyers. No |
civil action can be brought against a slave,
because he is supposed by law 70 be destitute
Of property. This disqualification does not
apply to free negroes who are legally --isrt
Of property. Can rhey be sued IN tp.ted
States Court ?-Dred Scott was incaplclta;el
for sueinc for has freedom because be was
not citizen. the court DECLARING that 10
negro cpuiu DE d CITIZEN Can the negro oe
n defendant to Il civil suit, or 90 any SUIT in
volving pecunary punishment, when he cin-
n be "a plaintiff? We are r.jJiced To find
that tie basis Of the Dred Scott decision,
and the political theories erected upon it.
are shaken by no less d parsonage shau Judge
T4ney hims-if. The assertion, by suck an
authority IF the power of Congress 70 sub
ordinate the rights Of property IN slaves IS
tower of strength 70 the Republican party.