Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-03-23
INTO The TERRITORIES


l answer no The Constitution of tie
United States does not carry Slavery into the
Territories. With much more show of reason,
may it be said that it carries Slavery into all
the States. But it does not carry Slavery
anywhere. It only acts upon it where it finds
1t established by the local Law. In connection
with this 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
Court determined one single point OF law only.
That is, that Scott, the plaintiff, being ne.
gro, of African descent, not necessarily slave,
could not be a citizen of Missouri, and there
fore could not sue in the Federal Court, and
that for this reason and this alone, the Circuit
Court had no jurisdition Of the cause and no
power to give judgment between the parties.
The only jurisdiction which the Supreme
Court had of the cause was for the purpose
of correcting the error Of the Circuit Court in
assuming the power 70 decide on the merits Of
the case. This power the Supreme Court did
exercise by setting aside the Judgment Of the
Circuit Court upon the merits, and by dismiss
ing the suit without any judgment for or
against either party. ThiBis all that the Su-
preme Court did, and ali that it had lawful
power to do. consider it great public mis-
fOltuno that several If the learned judges
should have thought that their duty required
them to discuss and give opinions upon various
questions outside of the case, as the case wes
actually disposed OF by the Court. All such
opinions are extra-judicial and Of no authority.
But, besides this, it appears to me that several
of the questions so discussed by the judges are
political questions, and therefore beyond the
Jurisdiction of the judiciary, and proper only
70 be considered and disposed of by the polit.
ical departments. If am right in this, and
it seems to me plain, the precedent is most
unfortunate, because it may lead to a danger
Gus conflict of authority among the Co ordinate
brEnches of the government.
SPAS TO THE COLONIZATION OF THE FRER
BLACKS.
For many years have been connected with
the American Colonization Society of which
the rising young State of Liberia is the first
fruit. l consider the object both humane and
wise, benefcent alike 70 the free blacks who
emigrate, and TO the whites whom they leave
behind. But Africa is distant. and presents so
many obstacles to rapid settlement that We
cannot indulge the hope of drawing of in that
direction the growing numbers of our free black
population. The tropical regions of America,
1 think, offer far better prospect both for US
and for them,
4TH-As TO ANY INEQUALITY OF RIGHTS AHoFs
AMERICAN CITIZENS.
/ recognize no distinctions among American
citizens, but such as are expressly laid down in
the Constitution; and hold that our Govern
ment is bound to protect al the citizens in the
enjoyment of their rights everywhere, and
against all assailants; and as to these rights
there Is no difference between citizens born,
and citizens made such by law.
5TH--iN IN Favor OF THE CONSTRUCTION OF A
RAILROAD PROM THE VALLEY OF THE MssIs.
sIPPI TO TIE PACIFIC OCEAN, UNDER THE AUS.
PIcEs OF THE GENERAL sovERNHENTi
Yes, thoroughly. do not only believe such
q road to be Of vast importance as the means Of
increasing the population, wealth and power of
this grsst valley, but necessary as the means Of