The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-07-20


he denominated our free white laborers the
"mud sills Of society"
TIT. The court, In the opinion read by the
Chief Justice, rely In some measure upon
two clauses in the Constitution, which, they
say, "point directly and specifically to the
negro race as separate class ofpersons, and
show clearly that they were not regarded rs
portion Of the people or citizens OF the
Government then formed" The best way
to negative this statement Is to read tho
clauses referred to; they arc rs follows;
"The migration or importation Of such per;
sons as any Of the States no1 erisfing shal!
think proper to admit, shall not be prohioited
BY the Congress prior to the year 1903, but
tax or duty may be imposed ON such importa-
tions, not exceeding ten dollars for each per-
son." $500
.'No person held to service or labor In one
State, under the iars thereof, escaping into
another, shall, in consequence Of any law or
regulation therein, be discharged from such
service. or labor, but shall be delivered up on
claim of the party to whom such service or la
Dor may be DUE"
In order to maintain that the persons"
spoken Of in these clauses were incapable OF
being citizens, that they were recognized as
property, or as the fit subjects OF property
Il must be shown that these results are de-
duciblc from other parts of the Constitution,
(Which is not pretended,) or from the uni,
versally known and admitted fact that ne.
grocs were an inferior race, without rights
whose normal status was that Of slaves, and
whose true description was that of property
Because 1t will be seen at once, that IL thest
spersons' had rights "whlch white men wcr,
bound to respect" IL they were capable o.
enjoying social or political relations will
others, IL they could by any possibility bt
entitled to be regarded and respected as men
or as anything except slaves and property
the Interpretation OF the court could not b.
sustained. The words used do not imply
that negroes were necessarily slaycs-they
might be used in respect to those who could
be free men and citizens. How are we to
ascertain whether the persons referred to
were incapable Of being citizens, and capa-
bic only of being chattels? Plainly, by
showing that negroes were meant by. the
word persons wherever used in these claus
es, and further that by the universal opinion
of the times, or by the fitness and necessity
of the thing itself, or by both. they were OF
a race that could not De citizens, and who
ought to bc, and of the right were, chattels.
So these clauses do not relieve the court, as
they fully understood they did not, from tho
necessity Of going beyond them to ascertain
the true effect and meaning of the Constitu.
ton. But II will be observed that the Con-
stitution speaks always of'persons, and ney-
er OF slaves or property. And when it speaks
of "persons" as SHIELD to service" 1t docs
not recognise their service Us being In virtue
ofany Of its own provisions. but. ns under
the iars of The States. II excludes, carefully
and indnstriously, the idea or the impica-
ton, that slaves are, or can be, property un-
der the Constitution.
In respect to the clause relating to the
slave trade, will observe. in addition to
what has already been said that IL the franz
ers of tho Constitution believed slavery to bc
right and Just, and that negroes were OF a
race 50 inferior and Of a nature ~ low that
they could not be the subjects Of citizenship,
and were the legitimate subjects OF COM
mcrcc, It is difficult to sec why they were so
anxious to engraft upon 1t a clause enabling
Congress to emblrassand cripple tho practice
or systcm-wby they should provide Tor dam
aging il not destroying system which they
ALL-.the opinion was fixed and universal, ="
you know-agrced was wise, just, benevolent
and cxpedient?
But ono thing more remains to mo in con-
ncction with this case-if, indeed, 1t be not
a work of supercrogation-and that is, to
show that the Democratic party, rs 1t calls
itself, accepts and aifirms this decision in all
its parts. with all its doctrines, implications,
and results.
The President Of tho United States, in his
well.known Connecticut letter, dated Au-
gust 10, 1857, writes
.'Slavery existed at that period, and still ex.
lists, in Kansas, under the Constitution OF the
United States. This point has ut last been IL
nalIy decided by the highest tribunal known to
our laws.
He also says, in one of his messages, that,
"Neither Congress, nor Territorial Legis-
lature, nor any human power, has any author
ity to annul or impair this vested right"
Charles 0'Conor, q distinguished Demo-
cratic lawyer Of the city of New York, in u
speech at a great Union meeting held ut the
Academy of Music in that city, on the 18th
of Dct elnbcr last, said:
"Gentlemen, the Constitution guarantees
to the people of the Southern States protection
to their slave property. In that respect, 1t Is
a solemn compact between the North and South.
In subsequent part of his speech, he at-
iirmed the propositions which l have shown
are the basis and groundwork of the Drcd
Scott decision:
81 insist" said Mr.. O'Conor, "that negro
slavery is not unjust. | maintain
that negro slavery is not unjust; that 1t is bc;
nign in its influences upon the white man and
upon the black man that II Is ordained By ma
ture; that II Is an Institution created ~ nature
itself"
Nothing can bc clearer upon this point
than what I shall read from speech dcliv-
cred by Mr.. Brcckinridgc, the Vice President
Of the United States, at Franz fort, Kentucky
in December last:
"Gentlemcn, I bow to the decision OF the su-
prcme Court OF the United States upon every
a uestion within lis proper jurisdiction, whether
Il corresponds with my private opinion or not ;
only, DOW trihc lower when Il happens 10
do so, as the decision In the Dred Scott case
does, approve Il In all its parts rs . sound
exposition Of the law and constitutional rights
of the States, and citizens that inhabit them.
II may not be imp oper for me here to add I,
that so great an interest did | take In that de:
cision, and In its principles being sustained aud
understood In the Commonwealth of Kentucky,
that took the trouble, at my own cost. ~
print or have printed large edition Of that
decision, to scatter IL over the State, and, un-
less the mails have miscarricl, there Is scarcely
a member elected to the Legislature who has
not received copy with my frank.
"To approve the decision VI the Supreme
Court In the Drcd Scot case would seem to set
tie the whole question Of Territorial soyer-
clgnty, as think viii presently appear.
81 repose upon the decision Of the Supreme
Court Of the United States, as 10 the point that
neither Congress nor the Territorial Legisla-
turc has the right 10 obstruct or conhscate the
property Of any citizen, slaves included. pend
ing the Territorial condition. SCR.
80 that, In regard to slave property, as IN
regard to any other property recognifcl ana
guarded by the Constitution. u = the duty, ac-
cording TO the Supreme Court. OF all the courts
Of the country TO protect and guard " tneIr
l....... -L...x.. tha auestiOu u brought be-