Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-03-29

conclusions which no subsequent
events have induced me to change
The existence of negro Slavery in our
country had It's beginning in the early
time of the colony, and was imposed
by the mother country. against the
will OF most OF the colonists. At the
time of the Revolution. and long after.
it was commonly regarded as an evil,
temporary in it's nature, and likely to
disappear in the course of time; vet
while it continued, a misfortune to the
country. socially and politically. Thus
was taught by those who made our
Government. and neither the new light
of modern civilization nor the discov-
cry Of a new system of constitutional
law and social philosophy has enabled
me to detect the error of their teach
ing.
Slavery is a social relation, a do
mestic institution. Within the States
it exists by the local law, and the
Federal Government has no control
over 1t there. The Territories, wheth-
er acquired by conquest or peaceable
purchase, are subject and subordinate,
not sovereign. like the States. The
nation is supreme over them. and the
National Government has the power
to permit or forbid Slavery within
them. Entertaining these views, | am
opposed to the extension of Slavery.
and in my opinion the spirit and the
policy Of the Government ought to be
against its extension.
2D-poEs THE CONSTITUTION CARRY
SLAVERY INTO THE TERRITORIES.
answer no. The Constitution does
not carry Slavery into the Territories.
With much more show of reason, NAV
it be said that it carries Slavery into
all the States. But it does not carry
Slavery anywhere 1t only acts upon
it where it finds it established by the
local law. In connection with the
point, / am asked to state my views
of the Dred Scott case, and what was
really determined by the Supreme
Court in that case. 1t is my opinion
carefully considered. that the Cour,
determined one single point of law
only. That is, that Scott, the plain
tiff. being a negro. of African descent
, not necessarily y a slave, could Lot be &
citizen of Missouri, and therefor,
could not sue in the Federal Court
and that for this reason and this alone
the Circuit Court had no jurisdiction
of the case and no power to give judg
ment between the parties. The onl,
jurisdiction which the Supreme Cour
had of the cause was for the purpos
of correcting the error of the Circui
Court in assuming the power to de
eide on the merits of the case. Thi
+ power the Supreme Court did exercis
: by setting aside the judgment of tn
Circuit Court upon the merits, and b,
t di>missing the suit without any ludg
= ment for or against either party. Til
is all that the Supreme Court did. AN
7 all that it had lawful power to do.
A consider it great public misfortun
that several of the learned Judge
4 should have thought that their dut
: required them to discuss and Civ
e opinions upon various questions out
C side Of the case. as the case was actu
ally disposed of by the Court. A
such opinions are extra-iudicial and {
n no authority. But. besides this,
+ appears TO me that several of til
questions so discussed by the Judge
y are political questions. and therefor
> beyond the jurisdiction of the jud
# ciary. and proper only to be consider
d ed and disposed of by the political dt
:. partments. If am right IN this. an
: it seems to me plain, the precedent
e mos, unfortunate. because it may lea
y to a dangerous conflict of authorit
r among the coordinate branches of I'll
Government.
|; 3D-As TO THE COLONIZATION OF TIL
=, FREE BLACKS.
il For many years | have been conec
y ed with the American Colonizatic
n Society. of which the rising youn
r. State Of Liberia is the first fruit.
d consider the object both humane an
o wise, beneficent alike to the free blacl
r who emigrate. and to the whit'
'r whom they leave behind But Afri,
he is distant. and presents so many ol
stacles to rapid settlement that v
l. can not indulge the hope of d,awir
1. off il that direction the growing men
l. bers of our free black population. II
re tropical regions Of America. / thin
ID offer far better prospect both f
20 us and for them.
," 4ru-As TO ANY INEQUALITY OF RICH.