, 1860-09-26

created something Of a sensation while it was
on the carpet We do 20 the more cheerlully
inasuuch as tho public attention is now
drawn to that class Of subjects in q manner
which will enable many to see more clearly
the outrageous and lawless character Of tie
Dred Scott decision, pronounced ty the samo
funciionsry.
The case in question was that Of The United
Statcs rs Amy-tho defendant being slave
g,rl charged with robbing the mail 1t was
brought On a writ Of error befora The United
States Circuit Court for the Eastern District
Of Virginia, Judge Taney presidipg) at Rich
nond. The counsel for the detensE-emplcy-
ed Of course, BY the girls master-made
very strong argument from the premises Of the
Dred Scott decision, holding:
]. Tint slaves are net legal persons, because,
!, they cannot be 6ned or deprived Of tier
liberty; being incapable Of holding properly,
and having no liberty to be deprived o. the
proposition shows m absurdity at cnce; and
2, they cannot be tried by jury Of their
peers, as required by tie Constitution IN Tho
criminal prosecution Of persons; their peers be.
ing slaves Ike themselves, NC fall straightway
into another absurdity.
IL Toat the Court had no jurisdiction (vtdc
Drea Scott case, pp. !, y because l, ifanegro
canpot sue or be sued civil1y, nei<her can he
be tried in cause where conviction would
impose fms and deprivation Of liberty; and 2,
because it the negro has 10 personal rights be
cannot be saddlcd with any personal RESPONSE
bilities
Ill That tue girl Amy being simply prop
erty, her imprisonment would involve an in
fraction Of that clause in the Constitution
which declares that private proptrty eha,l lot
be taken for public uses without just ccn-
p=nsation.
n. That the relation Of slaves to the ccm-
muni,y we're questions exclusively Of State
Jurisdiction.
Frequent citations were made to tic Dfed
Scott dec:aion in support Of ttese views.
Tie learned Judge seems 10 have c:n1ere.
hended that if this eors Of logic wtrs to rre-
vail tho mails Of tbs United States we're at
tho mercy Of every tai=f who had The wit to
employ negro to do the robbing. II tie girl
Any was no. sufficiently person to be ami H.
able to 1i,s law, urd the United States we're
not tie proper administrators Of the lsW. the
boz Cuffee and the boy Sambo might be ena.
ployed By their masters to waglay the mail
BAGS and carry off their contents With imr u
nitv, Therefore be held that though the slave
Amy WAS not person in the degree ef having
any legnl rights she was still sufficiently
person to be legally punished But in at
syering tbs point made By the defense, tt al
tha law provided .fne and imprisonment fol
certain degrees Of criuinality in :obbipg 1he
mails. and that inasmuch as a slave could hoit
no property and pay no t1ne, tho law could no
have contemplated her az an amenablo party
tho Chief Jastics got snar1ed up in hopeless
manner. lie admitted that Congress conlt
not have intended 10 embrace slaves as amonl
the pereons Liable to psy tine, and said that t.
imprison the slave to compel the master to pa.
the nne, would he furnishing an innocent MAJ
| for the crime Of another. But the grade Of o:
teace, which the girl Amy had bcea guilty Of
happened to be punishable with imprlsonmer
oaly. Therefore, ssys Judge +, I'VE mus
auot bo understood as expressing decide
"opinion upon ills question" TIE make
statement Of this eub:refuge is that, thoug
one branch Of the act Of Congress did ut
contemplate the slave Amy us capable Of con
hitting the crime, and beirg punished ther'
| for, get The punishment is admissible under
certain construction Of another branch-ar
verify she shall he punished! Here surely,
Doeberrr, "comprt hcndirg all ragrom men,
The extraordinary position taken By Jude
Taney in this case is one Of the inevitab
solecisms which hang upon ths e1istene
Of slavery. It needs but the exercise {
J tue commonest scnse to dtscezn that Il
: presence in any community Of class Of b
, man beiuzs WHO hold the conflicting relation
Of persons and property 10 tho balance Of Il
: community, must involve per :elual absur liti
in tue administration Of thu laws, howev'
: carefully framed to meet such exigencies- tt
highest absurdity Of all is tho property relatit
+ ilsslf; and the slavery aystem bsing Ecundt
upon gro,csaus and wicked contradiction
the law o. nnture, its dnijy existence mus:
: productive Of wlntever is wicked and gr
tesquc continually. By assiduous1y e1pelli1
tue idea that tie properly class have any right
L the cases in which the prorrietcrs themselv
9 are tangled up and grarcled by the operate
8 Of their own laTs may be rare. But the ori
: inal lie is woven into their whole system, al
> il liable to break out anl confront its make
anywhere.
t Let liz look at It again. The slave Am
i; who has no rights tina: white men ATE bou1
6 to respect; who is property only; who h
no civil existence and cannot eus or be suet
who can own n,thing and heEce eau pay mol
!. ing-yindicates her claim to citizenship !
d robbins the mail. Ths Law which applies
. mail robbing makes fine ind imprisonment. Il
s penalties for that crime, according 10 sle gra,
+ Of tho olIsrcs committed It is commended
= the COUNSEL for the girls master that the Ia
: canno: apply to her because the condition
i her beirg tortids her paying fine, beeau
: she has no property, and is incapable Of ma
, , ing 4 contract by which htr labor shall p'
i ducs any. Her l+bor is not her owo. N
I will it suffice to m7rison ller for the non'ps
j ment, 81 is usual in criminal caees, and col
. pei her master to pay the fine or lose her *
/. vices. But On tle o,ber land it will not do
let the girl 50 uppuuithea because that wou
: ofsr a premium on mail robbine to negro
> and the owners Of negro>A In this dilemu
q the successor Of Chief Justice 4araha1l liter.
II chops the Law ip two piecss and applies o,
!, half Of it 10 Amy, rsserving the balance
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