Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1864-10-22
OLD SERIES, VOL. %, NO. 5.

| during the hrSt wears Oi his ncCupanCN of
the beach Justice Fancy did not maintain
the high repute ot his predecessors IN the
exalted uiiiue. He was not II uan of the
same Cilihre of mind, oithe same exhaustive
learning AMI npryhenaiveness ana suldlty
ufjudyment with the EtisnurIns, the !ua,
snalis, the Stor,s, the McLrans. and olhci
INDUSTRIOUS men who have won for oar 81,
preme judiciary the admiration and respect
q: the legal world. His decisions. huwcNc cr.
were for the most part cautious. sensible,
and on the whole sound. lu his Inicrprcta.
iluus OF the Constitution Of tue United States
! tile great crucial test ui the Nisd"m and
I Independence Ut the court he inclined to
! those mIsIdlC aud moderate opinions which
treat the Union not rs IA consolidated nation
On one side, nor Us mere confederation uu
the utner, hat lis Il composite or mixed ma
tlun. IN winch the sovereignty has been di-
NIdrd between the central and the local Co
ycInmruts These are sale npIhI,II>, ii moi
entirely accurate, and So long as they are
adhered To by the supreme tribunal will
prevent alike Il dangerous Capitalization,
and still more dangerous sccessiunisn. -
But living in asayeholding community. and
assOclating principally with sjavcma.trrs,
Chief Justice Taneys political and moral
sentiments were gradually blessed, until
they became completely warped In 1856.
when the great struggle was going nn l.,
tween slavery us Il local and slavery as ii ma
tiuual lurce. he 81 tar forgot the dignity u,
his position and his own sclfrrsprct ns t.
lent himself To the conspiracy which .trov,
to procure II national sanction "f the evii.
In the famous Drcd Scott case. in which
the oniy cgHi point involved VAS plea {"
tue jurisdiction OF the Circuit Court, upon Il
81 Go, ~ L..
Chef Justice having decided that there WAS
no jurisdiction winch ought 10 have dis
missed the case, went ou. ut his way to utter
several impairment and altogether annma-
lous constitutional constructions. He pro-
claimed, in the course of this extraordinary
opinion, that u free negro Of The African
race whose ancestors were brought into this
| COuEtry and sold As slaves is moi and cannot
he Il citizen = that for more than IL century
previous To the adoption oi the Declaration
! OF independence negroes, whether slaves or
free, had been regarded rs beng of ap in
tcriur order, and altogether unit tn associate
with the white race, either in social u,
political relations ; and so lar inferior tha,
they had no rights which the white man
WAS hound ,u respect :" that Drcd Scott, Il
negro save, who was removed 10y his InsS
ter from Missouri to Illinois, lost whaicNc.
freedom he may have thus acquired hy
hrInI subsequently removed into the Tern
TORY ot Wisconsin and 10y his return t,
the State oI Missouri that the Inhibition o
slavery in tue Territories OF the Unite,
States Iing north nt the line of SO degree.
and 80 minutes, known as the Miss sour
Crumprudlsc, was unconstitutional fhn
.he only two clauses in the Constitution
winch refer To negroes. treat them as person
y IA II Is mortal'y lawful to deal in ~
aIt.,lcs of property; tina. the citizen of an,
State may take into Territory Of th
United States any article of property rrCng
nilrd hy the Constitution, az, in othr
words, carry his slaves thithcr withou
noIcelation to his perfect right Of owner
ship, and that Congress could not cXcrciS
any authority whatever over this spcrrs %
prupcrty that it could not constitutional,
c&,rcise over any other property.
This decision. which WAS intended t,
lend tue sanction of our supreme judicial iri
buna to the great purpOsc of natiOuuilin!
slavery, iy declaring It first, to lie recoG
nllrl 10y the Constitution; second, to IL
valid in the Territories, and third, tO h
emitted to a soiuurnc and transit in the FREE
States was at war alike with history, witt
? jurisprudence, with moral principal, will
common sense and human feeling. and Gle
ttated its own ends. 1t 50 shocked tn
moral convictions of the nation that NOR
than anything else, perhaps, 1t led to an mp
rising of the free sentiment of the Nortl
which became apparent first in the Fremont
campaign, and second in the Lincoln election
} when marked the second grand epoch "
our national history. The fearful WA
which h;ts. since 1861. drSpated the lanl o
/ the slave iord, is in large part he fruit u
i that nurture which Was given lay the Su
, prcmr Court to the hrrcsrs and deIusiuns o
the ambitious Southern oligarchs.
Even if that decision had not been 5,
pregnant with political consequences rs i
, vas; ilit hpd lcen mere reckless and pass
ing Wurl. uttered in the excitement OF con
trnye er>y. it would have been no less dis
graceful 10 the judge from whom it came
. When tile higest Judicial authority cf pco
! pie consent 10 dip It's ermine in the filth an'
, mire of the streets when it opens the judi
cial mind to the rreindicts oi locality ant
class when it does not scorn to further th
q signs OF parties ar the intrigues Of part
, sans when, instead of standing before III
world Us the impartial and incorruplihI
exponent of the rights of all men to eqna
aud exact Justice 1t takes upon itself to pro
nounce sentiment SD atrociuus aS tina
- certain inGl nave NJ ilEulS hNl'h piIti
r are hound To respect" it iortcts forever tn
reverence Of mankind, and invokes its IN
measured contempt and adherence.
= court of Justice should he the visible en-
I, bndiment OF :he throne of God, where tn
i loves, human creature may confidently as
= for justice, and where the vilest even ma
: We: hope for mercy
!. But Chief Justice fancy has gone, an,
his errors have gone with him. Free
e dom is now and hencetorth the law of tn
Il land. and while her noble image crowns tn
+ dome of the Capitol, her spirit, we trus
y will inspire the courts that are gathered he
j. meath. A great statesman nt the Wes
T. whose life has been indertiied with tt
u struggle for truth, will doubtless asrenu I
u the vacant seat ; and the year that CLOSES Il
s war will see renewal of the best life OF ii
y Republic in her courts rs well aS in III
! legislative halls in the Executive chair {
! we'll as among lht penple.--N y EsdniH
u POst.
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