Smyrna times., 1863-01-01
Attornsy-Gen. Bates on the Dred
Scott Decision.

80" OOiuS Ine command OF American
coasters to American citizen, does not ex-
clu lie cOlored masters. This is equivalent
10 declaring that black men may be citizens
OF the United States, and that the d,c,o 70
fhe contrary in the Dred Scott case are in
correct. We say the dtcta and not the do
c'sion itseit, The majority of the Conrt
never decided that colored men cannot bn
cit'zens What they decided was. that the
Ieeori showed a disability on the part of
Dred Scott TO maintain the suit. bre.alsn no
was ne cltizell-nobOdy but citizen bein,,
allowed to sue in a United States Co,,rf
Only three of them, fancy, Wavne and
l'ahiel, held that he was not citizen for
She reason that he was Aacta.,tn. The
other members of the majority torebore TO
toucn tins point, and confined themselves 70
the argument that Scott was no Citizen
because the record showed him s5,,e
Mclean and Curtis held that the record dil
not SO show, and that him being \ black
man, SIMPLY did not make him any the less
eitizen. We therefore say that it is not
the Drcd Scott decision which Attorpa,,-
General Bates now contravencs. bnt the no
tons OF the three Judges. who constitntod
only a third Of the Court
The written opinion Of the Attorney Gem
oral has not yet been made public. but nm
'uotediy Is marked with nil his clara..ter;s-
u; ciearneSs. We trut it will put forever
a rest the gross misconceptions that have
ex'ste respecting American citizcnshin-
misconceptions that demagogues have lone
been III the habit of turning to th., worSf
account Say that the free nrnro is = cit;-
zen, aud the Imagination Of tens Of thou-
nus al once conjure up dreadful visions of
2ro equality. 1t is taken for granted
IN II citizen, he must be voter and bn
th''tied TO every civil privilege. The idea
- frePoSterous Citizenship hls nothin" TO
DO with voting. Every American woman
i citizen. and yet no American woman
votes. Inc child that WAS born an hour
ago, Oh the most poverty stricken Am .r;can
parents Is 4 citllrn-in>t as muc!, citizen
a. the lordlleSt millionaire in the la,d in tl,a
prime OF life. The woman does NOT votn
tne chIld does not vote nor need tiec,lor,
el man, though he, too, iSa citizen. free
and native born.
Men talk of the elective tiqr,c,;<.. Int con-
StahtIy forget It's mcaning. The very daft
milton OF a franchise is n ri,rbt o.,,,t.d !,
"iS'ihcilon from a ri sht inherent. In re-
sPect TO suffrage, the right is granted by
tne consultation, and As this grants changes.
'he rI%ht changes. There is not n Sta.e in
lhe mon N which the grant is not qualified
one IL Is eXleaded only to those Of a Ger
taiH age and certain residence woman ara
exciIltcd from it in some OF the St,t,.s
'ose who d0 not own a certain anount of
property, or certain description Of ,roocr
y, are ex'!uted from it. Each Statn
Trough Its Constitution. controls the matter
a. tkes 1t can extend the franchise or
curtlli 1t as It chooses. This bower is ipsn,-
a be from the State : s,ytriont,. nal In
"'gS 10 inat sovereignty exclusively. The
-N"'oll 'ioverilIncnt has nothing to do
WIN It. Congress can make citizens throuoh
It's laws oi naturalization, but it cannot make
VOTERS. There are naturalizcd peonla wbo
cannot vote; there are non-nat,IraliZrd nno-
PIE who can vote In mary of tnr W4St-
ern States foreigners legally vote after one
t"o years stay III the country, though
y! "'e Nauonal laws Il stay of five wears is
necessary Tor naturalization. The question
"hc.her coIored men should vote or not *
purely State question. and in no ron,c;tv
has the National Government aavt1ing 70
do with 1t The opinion of the Attor1ov-
Ieherai VIII have and can have no more
%uearlhg &c upon this matter than chapter in
II we are asked what practical ADVANTAGES
,e oiack man c;tn gain by reversal Of fbe
Ored scott dic'd, we shall answer that thrv
must DC small at most. 1t simply confers
upon MS race a few incOnsidcral,c ri ,hts ike
tilat ot commanding vessels, that of obtain
lng passports, and that Of suing in the Ma
t,ohal Courts, which not one in \ IundraJ
Ehousand OF them would ever exercise So
lar as the great Fundamental rights nre con,
cerned-the rights of life liberty ard ,ror
erty-the condition of the free hisol,p pop
psco,les no better by his being A citizen.
qe, has always been protected in those
fights, Ike any other individual in the com
tnunlty, whether citizen or not. Chief
Susuce fancy, in declaring that "black
tnen had no rights which white men wer4.
ooand to respect" uttered a libel upon
e'efy State of the Union for there u,os
40. one OF them, Slave or Free. which had
"O. enacted laws for the protection of life
i .'neT'y and property, applicable. either
IN partial or in full measure 70 FREQ I,ImJi hIaoI
men as well as 70 white. The assertion n,e', wos
A i1l'e historically, as it was uniustif,hlo
morally. 1t was prompted, doubtless. bv
= :, aesre to give sort of judicial sanction ~
the modern doctrine that Slavery Is i d;v;no ~
;ns'lrg'lon, for which all black men wero
extravead out 1t was couched in such
for ar,, SAM s.n' phrase that it was impossible
be deceived by it. d ''S' .' ii'eiiigehce '' TO
Though the opinion os ,ho
General confer very little nns;.:.' oe :1Na.orney-
upon the black man, it 4 yet yt'ssy Wv, peneft
tending to remove the stigma h brons oal taole as
American jurisprudence by the exf-s ~ upon
aos'',nes put forth by Chief-Justic TanaS
a,'a nls feilow-devotees of Slavery in tba
"'sA aeo't ease The Indignation excited
es aa assfs